Buona Fortuna, LLC. Variance; N-DRC2025-00010; ED25-0269
Summary
SCH Number
2026040712
Public Agency
San Luis Obispo County
Document Title
Buona Fortuna, LLC. Variance; N-DRC2025-00010; ED25-0269
Document Type
NOE - Notice of Exemption
Received
Posted
4/15/2026
Document Description
A request by Buona Fortuna, LLC. for a Variance (N-DRC2025-00010) to allow grading on slopes in excess of 30% for the construction of a new approximately 2,180 square-foot three-level single-family residence which will include an attached accessory dwelling unit (ADU), 836 square-foot non-habitable basement, 443 square-foot two car garage, and 477 square-feet of deck areas. The future development will result in the disturbance of the entire approximately 3,700 square-foot vacant parcel. The proposed project site is located within the Residential Single-Family land use category and is located on Richard Avenue (APN: 064-204-062), in the community of Cayucos. The site is in the Estero Planning Area.
Baseline Conditions The project site is an approximately 3,700-square-foot vacant lot fronting Richard Avenue in the Residential Single-Family land use category of Cayucos. The site is steeply sloping (34% average slope) and is within a mapped Geologic Study Area (GSA) due to high landslide potential. Water services will be supplied by CSA 10A (Public Works) and sewer services will be supplied by the Cayucos Sanitary District. Surrounding land uses include other residential single-family dwellings. The project is not Coastal Appealable. Construction of the future residence and accessory dwelling unit are principally permitted uses in the land use category and are subject to ministerial construction permits; which do not require discretionary review or public hearing.
Contact Information
Name
Andy Knighton
Agency Name
County of San Luis Obispo
Job Title
Planner II
Contact Types
Lead/Public Agency
Phone
Email
Name
Buona Fortuna LLC
Agency Name
Applicant
Job Title
Owner
Contact Types
Project Applicant
Phone
Location
Cities
Unincorporated Cayucos
Counties
San Luis Obispo
Regions
Southern California, Unincorporated
Total Acres
0.08
Parcel #
064-204-062
Notice of Exemption
Exempt Status
Other
Type, Section or Code
15061(b)(3)
Reasons for Exemption
The project consists of a new single-family residence which will include an attached accessory dwelling unit (ADU), non-habitable basement, two car garage, and deck areas. The project is not located in an area which may have an impact on an environmental resource of hazardous or critical concern which is designated, precisely mapped and officially adopted by a federal, state or local agency. The only vegetation that will be impacted as a result of this project is ruderal plant species and shrubs that provides no habitat value for special status animal species. The applicant provided a Soils Engineering and Engineering Geology Report, prepared by Earth Systems Pacific, dated June 15, 2006, and a Soils Engineering Report Update, prepared by GeoSolutions, Inc., dated May 14, 2024. The report was peer reviewed by Cotton, Shires and Associates, the County’s contracted engineering and geologic consulting firm. In a memo dated April 8, 2025, Cotton, Shires and Associates reviewed the geologic reports and did not have any objections to the project from a geologic standpoint. The recommendations from the GeoSolutions and Earth Systems Pacific reports, and the Cotton, Shires and Associates peer review memo, are included as conditions of approval for the proposed project to minimize risks to the structure from potential geologic hazards and ensure there will be no significant impacts to geologic or soil resources from the proposed project. The project is not within an archaeologically sensitive area and nearby archaeological surveys have resulted in no findings. The project is conditioned to cease construction in the event that archaeological resources are discovered during ground disturbing activities. Further, there are no unusual circumstances surrounding the project. The location of the proposed project is not within any hazardous waste site compiled pursuant to Gov. Code § 65962.5. The proposed project does not involve or does not cause a substantial adverse change in the significance of a historical resource as there are no structures on the vacant site.
Reasons why project is exempt:
The following is an overview of the relevant environmental issue areas that were considered in this determination.
Aesthetic and Visual Resources:
The future development of the proposed single-family residence and ADU is required to comply with the Estero Area Plan and Coastal Zone Land Use Ordinance (CZLUO) for height requirements, setbacks and other development standards. The site is located in an urban area in Cayucos- there will be no impacts to scenic resources such as rocks, trees or historic buildings. The proposed building height is 28 feet and will be of similar size, scale and use to other buildings on Park Avenue. No exceptions, adjustments or modifications are requested for the building height, scale or massing. The project will not be a source of significant daytime or nighttime glare since the structure is not proposed to be constructed out of reflective materials and all exterior lighting shall be shielded downwards and shall have dark colored hoods.
Air Quality
The site is located in an urbanized area and falls below the APCD’s numerical threshold for daily emissions. The project is located within 1,000 feet of sensitive receptors (residential single-family homes). The project is conditioned and will comply with the County’s standard fugitive dust control measures and the San Luis Obispo Air Pollution Control District’s (SLOAPCD) standard measures for construction equipment for reducing nitrogen oxides (NOx), reactive organic gases (ROG), and diesel particulate matter (DPM) emissions from construction equipment. The project is also located in With the implementation of these standard regulatory measures, potential air quality impacts are less than significant:
Air Quality
Fugitive Dust Construction Control Measures. The following measure(s) shall be implemented prior to, and during, construction activities associated with the land use permit improvements and shall be included on all applicable improvement plans.
Prior to the issuance of construction permits, the following measures shall be incorporated into the construction phase of the project and shown on all applicable plans:
1. Reduce the amount of the disturbed area where possible;
2. Use water trucks or sprinkler systems in sufficient quantities to prevent airborne dust from leaving the site. Increased watering frequency would be required whenever wind speeds exceed 15 miles per hour. Reclaimed (non-potable) water should be used whenever possible;
3. All dirt stock-pile areas shall be sprayed daily as needed;
4. All roadways, driveways, sidewalks, etc. to be paved shall be completed as soon as possible, and building pads shall be laid as soon as possible after grading unless seeding or soil binders are used;
5. All of these fugitive dust mitigation measures shall be shown on grading and building plans; and
6. The contractor or builder shall designate a person or persons to monitor the fugitive dust emissions and enhance the implementation of the measures as necessary to minimize dust complaints, reduce visible emissions below 20% opacity, and to prevent transport of dust offsite. Their duties shall include holidays and weekend periods when work may not be in progress.
ROG, NOX, and DPM Reduction
Prior to issuance of grading or construction permits, or site disturbance activities, whichever occurs first, the following measures shall be implemented during all site disturbance activities and shown on all applicable plans:
a. Maintain all construction equipment in proper tune according to manufacturer’s specifications;
b. Fuel all off-road and portable diesel-powered equipment with California Air Resources Board-certified motor vehicle diesel fuel (non-taxed version suitable for use off-road);
c. Use diesel construction equipment meeting the California Air Resources Board's Tier 2 certified engines or cleaner off-road heavy-duty diesel engines, and comply with the State Off-Road Regulation;
d. Use on-road heavy-duty trucks that meet the California Air Resources Board’s 2007 or cleaner certification standard for on-road heavy-duty diesel engines, and comply with the State On-Road Regulation;
e. Construction or trucking companies with fleets that do not have engines in their fleet that meet the engine standards identified in the above two measures (e.g., captive or NOx exempt area fleets) may be eligible by proving alternative compliance;
f. All on- and off-road diesel equipment shall not idle for more than 5 minutes;
g. Signs shall be posted in the designated queuing areas and or job sites to remind drivers and operators of the 5-minute idling limit;
h. Diesel idling within 1,000 feet of sensitive receptors is not permitted;
i. Staging and queuing areas shall not be located within 1,000 feet of sensitive receptors;
j. Electrify equipment when feasible;
k. Substitute gasoline-powered in place of diesel-powered equipment, where feasible; and
l. Use alternatively fueled construction equipment on-site where feasible, such as compressed natural gas (CNG), liquefied natural gas (LNG), propane, or biodiesel.
Biological Resources
The project is located on a vacant lot in an urbanized developed area Cayucos. The vegetation on-site consists of ruderal plant species and small shrubs, which does not provide habitat for any sensitive species. Therefore, impacts to biological resources will be less than significant.
Cultural Resources / Tribal Cultural Resources
The project is not in an archaeologically sensitive area and nearby archaeological surveys on Richard Avenue resulted in no findings with no recommendations for further investigation or monitoring. Per CZLUO Section 23.05.140, in the event that archaeological resources are discovered during construction, construction activities shall cease and the Environmental Coordinator shall be contacted. If the discovery consists of human remains, the County Coroner should also be contacted. With the implementation of this standard measure, which has been added as a condition of approval, potential impacts to cultural resources are less than significant.
Geology and Soils
The applicant provided a Soils Engineering and Engineering Geology Report, prepared by Earth Systems Pacific, dated June 15, 2006, and a Soils Engineering Report Update, prepared by GeoSolutions, Inc., dated May 14, 2024. The report was peer reviewed by Cotton, Shires and Associates, the County’s contracted engineering and geologic consulting firm. In a memo dated April 8, 2025, Cotton, Shires and Associates reviewed the geologic reports and did not have any objections to the project from a geologic standpoint. The recommendations from the GeoSolutions and Earth Systems Pacific reports, and the Cotton, Shires and Associates peer review memo are included as conditions of approval for the proposed project. Therefore, potential geologic impacts will be less than significant.
Hazards and Hazardous Materials
Oils, gasoline, lubricants, fuels, and other potentially hazardous substances may be used and temporarily stored onsite during construction activities. A spill or leak of these materials under accident conditions during construction activities could create a potentially significant hazard to the surrounding environment including the Pacific Ocean. The project is required to comply with the following condition of approval:
Vehicles and Equipment
17. All equipment and vehicles shall be checked and maintained daily to prevent spills of fuel, oil, and other hazardous materials. A designated staging area shall be established for vehicle/equipment parking and storage of fuel, lubricants, and solvents as applicable. All fueling and maintenance activities shall take place in the staging area.
a. Spill Response Protocol. During all construction activities, all project-related spills of hazardous materials shall be cleaned up immediately. Appropriate spill prevention and cleanup materials shall be onsite at all times during construction.
Therefore, impacts to hazards and hazardous materials is less than significant.
Hydrology and Water Quality and Wastewater
The project proposes a new single-family residence on a parcel that already contains a single-family residence. The project is conditioned to implement standard stormwater best management practices during construction and implement a stormwater control plan for ongoing operations and stormwater management, which will minimize potential stormwater impacts.
Water services will be provided by County CSA 10A (Public Works) and sewer services will be provided by the Cayucos Sanitary District. The project is conditioned to obtain a will-serve letter for both water and sewer services at time of construction permits.
Based on the availability of water and sewer services, and with the implementation of stormwater best management practices and a stormwater control plan, the project will have less than significant impacts to hydrology, water quality, and wastewater.
Other CEQA Issue Areas
In addition, based on the project description, baseline conditions, and analysis of the project’s potential environmental impacts, the project will have less than significant or no impacts relating to the following:
Agricultural Resources
Energy
Greenhouse Gas Emissions
Land Use and Planning
Mineral Resources
Population and Housing
Public Services
Recreation
Transportation and Traffic
Utilities and Service Systems
Wildfire
Cumulative
Conclusions
As conditioned, the project will conform to the applicable General Plan and Area Plan standards, and no mitigation measures beyond those required by County Code are necessary to address the environmental impacts associated with the proposed project. Therefore, it can be seen with certainty that there is no possibility that the activity in question may have a significant effect, and the project is exempt from CEQA.
This determination is based on the following documents and technical studies:
• Soils Engineering and Engineering Geology Report by GeoSolutions, June 15, 2006
• Soils Engineering Report Update by GeoSolutions, May 14, 2024
• Geologic Peer Review by Cotton, Shire and Associates, April 8, 2025
County Clerk
San Luis Obispo
Attachments
Notice of Exemption
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