Purchase Variance; N-DRC2025-00049; ED26-0059

2026071191

San Luis Obispo County

NOE - Notice of Exemption

7/30/2026

7/30/2026

Andy Knighton

County of San Luis Obispo

Planner II

Lead/Public Agency

976 Osos Street RM 300
San Luis Obispo, CA 93408

(805) 788-2148

aknighton@co.slo.ca.us

Barry Purchase

Applicant

Owner

Project Applicant

1204 Nipomo St.
San Luis Obispo, CA 93401

(805) 541-3444

barry@sanluisfinancial.com

0.09

064-372-014

Other

15061(b)(3)

Aesthetic and Visual Resources: The future development of the proposed single-family residence 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 Cerro Gordo 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 within the SLOAPCD’s Naturally Occurring Asbestos (NOA) Buffer Area. With the implementation of these standard regulatory measures, potential air quality impacts are less than significant: Air Quality/Naturally Occurring Asbestos Naturally occurring asbestos (NOA) has been identified by the California Air Resources Board as a toxic air contaminant. Serpentine and ultramafic rocks are very common throughout California and may contain NOA, which may be released when land is graded for building purposes, or at quarrying operations. The APCD has identified areas throughout the county where NOA may be present (NOA Map). Because the project site is in a candidate area for NOA, a geologic evaluation must be conducted by a registered geologist to determine if the area disturbed is or is not exempt from the CARB Asbestos Air Toxics Control Measure (NOA ATCM) for Construction, Grading, Quarrying, and Surface Mining Operations (Title 17 CCR Section 93105) regulation. The geologic evaluation must be submitted to the APCD Engineering Division prior to any grading activities at the site, with the following documents: • For grading projects qualifying for NOA ATCM exemption: o Submit a completed APCD NOA Exemption Form with the geologic evaluation. • For grading projects in serpentine rock less than 1 acre: o Submit a completed APCD Project Form with the geologic evaluation. o Mini Dust Control Measures (93105.e.(A-F) as a condition of approval. • For grading projects in serpentine rock greater than 1 acre: o Submit a completed Project Form with the geologic evaluation. o An Asbestos Dust Plan as a condition of approval. When submitting the Project or Exemption Form, please fill in all applicable contact information. More information on NOA can be found on the APCD website, on the California Geological Survey website, or from CARB. Air Quality/Fugitive Dust Construction Control Measures 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 Old Creek Road have resulted in no findings with no recommendations for further investigation or monitoring. Due to the steep slopes of the site, discovery of archaeological resources is unlikely. 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 Report, dated June 26, 2017, and Engineering Geology Investigation, dated September 29, 2017, prepared by GeoSolutions. These reports were prepared for a previously proposed residence at this site. The report was peer reviewed by Cotton, Shires and Associates, the County’s contracted engineering and geologic consulting firm. In a memo dated January 27, 2026, Cotton, Shires and Associates reviewed the geologic reports and did not have any objections to the project from a geologic standpoint. Cotton, Shires, and Associates recommended that the geotechnical consultant review and approve of the project Civil and Architectural Plans to assure that the general project layout, grading and drainage are similar to the proposed project during the 2017 reports. They also recommended updates to the 2017 reports to assure site conditions have not changed and that geotechnical recommendations were utilizing current codes. Subsequently, GeoSolutions provided a Geology Investigation Update and Soils Engineering Update Letter, dated April 23, 2026, which addressed applicable building code changes from the 2017 reports, acknowledged that the project plans were reviewed, and determined that the recommendations in the 2017 reports can be considered applicable to the development of the site. The recommendations from the GeoSolutions 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. 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 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 vacant parcel. 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 prior to issuance 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 Report by GeoSolutions, June 26, 2017 • Engineering Geology Investigation by GeoSolutions, September 29, 2017 • Geologic Peer Review by Cotton, Shire and Associates, January 7, 2026 • Engineering Geology Investigation Update, April 23, 2026 • Soils Engineering Report Update Letter, April 23, 2026