Nemahai Variance; N-DRC2025-00051; ED26-0051
Summary
SCH Number
2026060231
Public Agency
San Luis Obispo County
Document Title
Nemahai Variance; N-DRC2025-00051; ED26-0051
Document Type
NOE - Notice of Exemption
Received
Posted
6/5/2026
Document Description
A request by Anton Nemahai for a Minor Use Permit to disturb more than one acre of land, along with a Variance (N-DRC2025-00051) to allow grading on slopes exceeding 30 percent. The project proposes construction of a 3,652-square-foot, single-story, three-bedroom, five-bathroom single-family residence with an attached 1,441-square-foot, three-car garage. The project also includes approximately 1,035 linear feet of retaining walls, approximately 99,930 square feet of site disturbance, 4,437 cubic yard of cut, 4,625 cubic yard of fill, 9,062 cubic yards total, and a private driveway extending through parcels 034-471-006 and 034-471-007. The project is located at 3725 East Highway 41 on parcel 034-471-007, within the Residential Rural land use category and the El Pomar–Estrella Sub-Area of the North County Planning Area.
Contact Information
Name
Blake Maule
Agency Name
County Of San Luis Obispo
Job Title
Planner II
Contact Types
Lead/Public Agency
Phone
Email
Name
Anton Nemahai
Agency Name
Applicant
Job Title
Owner
Contact Types
Project Applicant
Phone
Email
Location
Counties
San Luis Obispo
Regions
Southern California, Unincorporated
Total Acres
37.72
Parcel #
034-471-006 & 034-471-007
State Highways
41
Notice of Exemption
Exempt Status
Other
Type, Section or Code
15061(b)(3)
Reasons for Exemption
The following is an overview of the relevant environmental issue areas that were considered in this determination.
The project proposes grading for the construction of a single-family residence within the Residential Rural land use category. The applicant has designed the grading and site improvements to minimize site disturbance, resulting in a relatively small disturbance area of approximately 2.29 acres on the two parcels totaling 37 acres. The proposed residence will be located within the south-central portion of the 034-471-007, with the access driveway coming through parcel 034-471-006. The variance for the private access road will not adversely affect public health or safety. The proposed private access road will be designed by licensed professionals in compliance with applicable building codes. The design will incorporate appropriate measures to address erosion control, slope stability, and long-term safety. Allowing grading on slopes exceeding 30 percent for the driveway enables the residence itself to be located on flatter, more stable portions of the site, which ultimately improves safety for occupants and reduces long-term risk. Neighboring ridge-top residences are served by private driveways that traverse slopes exceeding 30 percent, reflecting a consistent and established pattern of development within the immediate vicinity. In addition to steep slopes, the project site contains an extensive oak woodland located primarily along the northern portion of the parcels, parallel to Highway 41. The proposed private driveway alignment was carefully selected to minimize grading impacts, route through areas of lower oak density, and avoid the densest concentrations of mature trees, particularly on Parcel 034-471-007. Accessing the proposed residence via Parcel 034-471-006 further reduces impacts to sensitive resources. The project site is located within the El Pomar-Estrella Sub-Area of the North County Planning Area and is subject to the applicable development standards outlined in County Code Section 22.94.040. As proposed, the project complies with all applicable community development standards and is not located on prime farmland, nor will it result in the conversion of prime farmland to a non-agricultural use.
The project site is located outside of designated San Joaquin Kit Fox habitat and therefore does not require species-specific mitigation measures. No heritage oak trees will be removed as part of the proposed development. Additionally, there are no known occurrences of special-status plant species within the project area. To address oak tree impacts, the applicant has proposed on-site replanting at a ratio of 2:1 for impacted oak trees. With twenty-six oak trees proposed to be impacted, and twenty-eight to be removed, a total of one hundred sixty-four replacement oak trees will be planted on-site. As proposed, the project remains consistent with applicable local policies and ordinances related to the protection of biological resources.
The project is not in an area with known archaeological resources; and a Phase 1 Archaeological survey resulted in no positive findings on-site, therefore, impacts to cultural resources are not anticipated. In the unlikely event resources are uncovered during grading activities, implementation of County Code Section 22.10.040 (Archaeological Resources) would be required, which states:
A. Construction activities shall cease, and the Department shall be notified so that the extent and location of the materials discovered may be recorded by a qualified archaeologist, and disposition of artifacts may be accomplished in accordance with state and federal law.
B. In the event archeological resources are found to include human remains, or in any other case when human remains are discovered during construction, the County Coroner shall be notified in addition to the Department so proper disposition may be accomplished.
The project area has low potential for liquefaction, lateral spreading, and moderate to high potential for landslides based upon the site’s soil quality and condition and the absence of groundwater in the soil. The Geotechnical Engineering Report contains geologic elements with recommendations for construction that will be incorporated into the project.
Existing grading and drainage regulations will adequately address surface water quality impacts during construction and permanent use of the residence. The project will conform to the applicable General Plan and Area Plan standards, and no measures beyond those required by County Code are necessary to address the environmental impacts associated with the proposed project.
Therefore, the proposed activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. It can be seen with certainty that there is no possibility that this project may have a significant effect on the environment.
County Clerk
San Luis Obispo
Attachments
Notice of Exemption
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