Goldberg Minor Use Permit N-DRC2023-00052 (ED25-0002)
Summary
SCH Number
2025030021
Public Agency
San Luis Obispo County
Document Title
Goldberg Minor Use Permit N-DRC2023-00052 (ED25-0002)
Document Type
NOE - Notice of Exemption
Received
Posted
3/3/2025
Document Description
A request by Kenneth and Laura Goldberg for a Minor Use Permit (N-DRC2023-00052) to authorize major grading for the construction of an approximately 4,429 square-foot single-story single-family residence, an approximately 1,839 square-foot 4-car garage, and associated site improvements. Additionally, this request includes relocation of the previously approved building envelope for Tract 1516 Lot 10, and construction outside of the proposed building envelope. The grading would result in the disturbance of approximately 1.15 acres on a 10.18-acre parcel. The proposed project is within the Residential Rural land use category and is located at 1262 Whispering Meadow Lane approximately 3 miles north of the Nipomo URL. The project site is in the South County Inland Sub Area of the South County Planning Area.
Contact Information
Name
Mason Denning
Agency Name
County Of San Luis Obispo
Job Title
Senior Planner
Contact Types
Lead/Public Agency
Phone
Email
Name
Kenneth and Laura Goldberg
Agency Name
Owners
Contact Types
Project Applicant
Phone
Email
Location
Cities
Nipomo
Counties
San Luis Obispo
Regions
Unincorporated
Zip
93444
Total Acres
10.18
Parcel #
090-012-012
Other Location Info
1262 Whispering Meadow Lane, Nipomo, California, 93444
Notice of Exemption
Exempt Status
Other
Type, Section or Code
15061(b)(3),
Reasons for Exemption
Reasons why project is exempt: The project would authorize major grading with an area of disturbance of approximately 1.15 acres on a 10.18-acre parcel, including approximately 1,500 cubic yards (cy) of cut, 2,400 cy of fill, and grading on slopes upwards of approximately 22%. The major grading would allow for the construction of a 4,429 square-foot single-family residence, and an 1,829 square-foot 4-car garage, as well as other associated site improvements. The project is located within the Residential Rural land use category and is not located on previously cultivated agricultural land nor prime soils. The parcel is served by a combination of shared driveways and a County maintained arterial road that is sufficient to serve the proposed use. The project meets all applicable community standards for development and is not located in an area that falls within mapped San Joaquin Kit Fox habitat and therefore does not require related mitigation measures. Per the applicant supplied Biological Resources Assessment (BRA), completed by Padre Associates, Inc., and dated July 2023, the parcel contains an unnamed blue line drainage, and two clusters of mature coast live oak trees; however, all features are located outside of the proposed project area. Field surveys included an April 28. 2023 biological survey area (BSA) examination and several Pismo clarkia and Nipomo mesa ceanothus reference site surveys during the months of March 2023 to May 2023 to assist with timing. No USFWS-Designated Critical Habitat overlaps the BSA. The applicant also provided a BRA Compliance memo that documented compliance with the BRA as the project plans and development footprint were not available at the time of preparation for the original BRA. The memo provided concluded that examination of the entire parcel was included in BRA, with adequate survey of the BSA in April 2023. The memo also concluded that the biological conditions are generally the same as when the survey was complete and recommended that the avoidance and minimization measures recommended in the BRA still apply. No significant effects on the environment are expected to occur. Additionally, the project is located in an area that has low to medium potential for liquefaction, lateral spreading, or landslide based upon County GIS data. 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. The applicant submitted a Cultural Resources Survey Report completed by LSA and dated September 16, 2004, and an Updated Phase 1 Archaeological Study Memo completed by Padre Associates, Inc., dated July 12, 2023. The original LSA survey’s records search noted that the project area and approximately 50% of the total area within a mile of the project site was previously surveyed, along with the entirety of Tract 1516, during its’ original entitlement and that no archaeological sites were identified within the project area. Resulting from County input, the 2004 survey performed a subsequent pedestrian survey, resulting in the findings that noted an absence of any archaeological sites or evidence on the property and the recommendation that no additional work be required to mitigation potential project impacts to cultural resources. The 2023 Padre Associates, Inc. updated survey notes that the records search did not identify any cultural resources within the Project site and concurred that proposed project impacts will not affect cultural resources and no further archaeological study, or monitoring, is warranted – recommending the project proceed as designed. Therefore, impacts to cultural resources are not anticipated. In the unlikely event resources are uncovered during grading activities, compliance with State Health and Safety Code, State Public Resources Code, and implementation of County Code Section 22.10.040 (Archaeological Resources) would be required and sufficient to address resources discovered. County Code 22.10.040 states: A. Construction activities shall cease, and the Department shall be notified so that the extent and location of discovered materials 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.
County Clerk
San Luis Obispo
Attachments
Notice of Exemption
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