Ghazaly / Conditional Use Permit / N-DRC2023-00023 (ED24-062)

Summary

SCH Number
2024060377
Public Agency
San Luis Obispo County
Document Title
Ghazaly / Conditional Use Permit / N-DRC2023-00023 (ED24-062)
Document Type
NOE - Notice of Exemption
Received
Posted
6/11/2024
Document Description
A request by CJ Horstman for a Conditional Use Permit to allow a freeway identification sign and other on-site improvements including a proposed drive-thru fast-food restaurant and shared parking lot. The project will result in approximately 23,000 square feet of total site disturbance on a 26,139 square foot site. The proposed project is within the Commercial Retail land use category and is located at 475 West Tefft Street at the corner of West Tefft Street and the northbound Tefft Street exit ramp of Highway 101 in Nipomo. The site is in the South County Inland Sub-Area of the South County Planning Area within Supervisorial District 4.

Contact Information

Name
Eric Tolle
Agency Name
County of San Luis Obispo
Job Title
Senior Planner
Contact Types
Lead/Public Agency

Location

Cities
Nipomo
Counties
San Luis Obispo
Regions
Unincorporated
Parcel #
092-251-022

Notice of Exemption

Exempt Status
Other
Type, Section or Code
Section 15061 (b)(3)
Reasons for Exemption
This project 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; therefore, the activity is not subject to CEQA. [Reference: State CEQA Guidelines sec. 15061(b)(3), General Rule Exemption]. The project qualifies for a Categorical Exemption (General Rule Exemption) pursuant to CEQA Guidelines Section 15061 because the project will be required to meet Flood Hazard design requirements and because there is no possibility that the activity in question may have a significant effect on the environment. No significant impacts to visual resources would occur and no mitigation measures beyond ordinance requirements are necessary. No significant impacts to biological resources would occur and no mitigation measures beyond ordinance requirements are necessary. A Traffic Assessment was prepared (Orosz Engineering Group) looked at originally expanding the gas station next to include 8 fueling stations and construction of a 2,000-square-foot restaurant. Project was revised and no new fueling stations will be added. This study concluded, the project would not result in “significant change”. The VMT calculated for the project did not change the countywide VMT for retail uses (11.26 VMT per person). The project site is located within close proximity to previously recorded findings for archeological resources. The project location is approximately 1 mile from Dana Adobe, a registered California historic resource known to contribute to archeological resources in the surrounding area. An extended phase 1 archaeological survey was conducted on the site by Applied Earth Works, a county qualified archaeological consultant (Thomas J. Ross, 2023). The archaeological survey determined there are likely no significant cultural materials present in the project area. The recommendations provided by Applied Earthworks pertain to the protection of any cultural or tribal resources that may be discovered through site disturbance or construction activities. The recommendations provided by Applied Earthworks have been added to Exhibit B – Conditions of Approval. Therefore, impacts to archaeological resources would be less than significant and unlikely to occur. It can be seen with certainty that there is no possibility that this project may have a significant effect on the environment; therefore, the activity is not subject to CEQA.
County Clerk
San Luis Obispo

Attachments

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