Trinidad City Council
May 9, 2023

City Council Meeting Agenda: 05-09-2023 Page 1
Posted: Friday, May 05, 2023

NOTICE AND CALL OF A REGULAR MEETING OF THE

TRINIDAD CITY COUNCIL
The Trinidad City Council will hold a regular meeting on TUESDAY, MAY 09, 2023, at 6:00 PM
at the Trinidad Town Hall, 409 Trinity Street, Trinidad, CA.

NO CLOSED SESSION
For your convenience, this meeting will also be held via videoconference, hosted on the Zoom platform. Learn more about Zoom here: https://zoom.us
PUBLIC COMMENT: Public comment may be submitted via email in advance of the meeting, or in an orderly process during the meeting. If you do not have access to email and you would like to provide a written statement, please deliver your comments to 409 Trinity Street, Trinidad CA, by 2:00pm on the meeting day, or email to [email protected] HOW TO PARTICIPATE: You are invited to participate in person at the Trinidad Town Hall, or by Zoom. The City will publish a direct link to the Zoom teleconference, along with the participant code, on the City Calendar page online at http://trinidad.ca.gov/calendar
To phone in, dial 1-888-278-0296, Conference Code: 685171 Meeting ID: 824 0850 6177 Passcode: 758627 PLEASE NOTE that live meeting logistics will be prioritized. The quality of the Zoom teleconference meeting cannot be guaranteed. Technical challenges experienced by either the participant or the City will not interrupt or halt progress of the meeting.

I. CALL TO ORDER
II. PLEDGE OF ALLEGIANCE
III. APPROVAL OF AGENDA
IV. APPROVAL OF MINUTES – 04-11-2023 cc
V. COUNCIL REPORTS/COMMITTEE ASSIGNMENTS
VI. STAFF REPORTS – City Manager & Law Enforcement
VII. ITEMS FROM THE FLOOR
At this time, members of the public may comment on items NOT appearing on the agenda. Individual comments will be limited to 3 minutes or less. Please direct your comments to the Council as a whole, maintain decorum and avoid personal attacks on staff, members of the Council and/or other members of the public. Council and staff responses will be minimal for non-agenda items.

VIII. CONSENT AGENDA All matters on the Consent Agenda are considered routine by the City Council and are enacted in one motion. There is no separate discussion of any of these items. If discussion is requested by any Council member, that item is removed from the Consent Calendar and considered separately. A single opportunity for public comment on the Consent Agenda is available to the public.

1. Staff Activity Report – April 2023

2. Financial Statements – March 2023

3. Law Enforcement Report – April 2023
IX. DISCUSSION/ACTION AGENDA ITEMS

1. Discussion/Decision to appoint Two (2) Councilmembers to Participate in a Government to Government Consultation with the Trinidad Rancheria.

City Council Meeting Agenda: 05-09-2023 Page 2

2. Discussion/Decision regarding First Reading of Ordinance 2023-01; Adding Housing Related Definitions and Allowable Uses as Required by State Law and the Trinidad Housing Element to Sections of the Zoning Ordinance.

3. Discussion/Decision regarding First Reading of Ordinance 2023-02; Amending Chapter 17.08 and 17.58 Reasonable Accommodations to the Trinidad Municipal Code and Coastal Commission Certified Zoning Ordinance.

4. Discussion/Decision to Direct Staff to Begin Recruitment to Fill the Public Representative Vacancy on the Trinidad Trails Committee.

5. Discussion/Update regarding Temporary Closure of the Axel Lindgren Memorial and Parker Creek Trail Beach Access to Old Home Beach.

6. Presentation/Update regarding the FY2023 Budget and Upcoming FY2024 Budget Preparation Timeline.

X. FUTURE AGENDA ITEMS
XI. ADJOURNMENT
APPROVAL OF MINUTES FOR:

APRIL 11, 2023 CC
Supporting Documentation follows with: 0 PAGES

MINUTES WILL BE ADDED TO THE PACKET ON OR BEFORE NOON
ON MONDAY, MAY 08.

CONSENT AGENDA ITEM 1

SUPPORTING DOCUMENTATION ATTACHED

1. Staff Activity Report – April 2023
City Manager’s Report May 9, 2023
Water Tank and Pipeline Grant Project:

Staff had a meeting with the DWR funders last week to discuss the project and cost. The grant is for $5 million but the current Engineer’s Estimate is $7 million. The cost of water tanks has increased approximately 40% per our engineers. The funders are not able to adjust the grant by that much. Other grants have been adjusted in the neighborhood of $100,000. The funder suggested we live within our means. GHD is looking at options to reduce the cost estimate before we go out to bid next year.

Dogs:

Unfortunately, another dog and owner were attacked by an off-leash dog last week. The 3 incidents that have occurred since last fall have similarities. The dogs that attacked were not being walked by their owners, but got loose from a house or car when a door was opened or a hole in a fence. It is imperative that pet owners be vigilant when doors are open. Owners should place a leash on a dog before a door is open. Our city has dogs of all different types and the best way to avoid injury is to have dogs under the control of their owners with a leash.

Leash signs have been placed around town to remind residents and to notify visitors.

CIRA:

I will be attending the CIRA (our insurance JPA) biannual meeting in Sacramento towards the end of May.

Solid Waste Task Force:

I served on a subcommittee that interviewed firms that will help the cities and the county implement the Edible Food Waste Program that is part of the SB1383 compliance process.

Trinidad along with Blue Lake, Ferndale and Rio Dell currently have a waiver because of our small cities size.

Boardwalk:

Staff and GHD are looking at the feasibility of replacing the Boardwalk with concrete boards through the Parks grant. This would be in addition to adding Pickleball to the Tennis Court. The current boards on the Boardwalk are of Trex material and one of the boards gave way and was replaced last year. The Boardwalk is 20 years old.

STAFF REPORT SUPPLEMENTAL
Date: Tuesday, May 09, 2023
Background Info: In light of the drought affecting the State, there has been concern among residents regarding how the City of Trinidad is responding to the Governor’s Order calling on all Californians to do their part by reducing consumption.

Luffenholtz Creek flow readings are presented to the Council on an as-needed basis - during drought events or when requested. November, December, January, and once again February has delivered abundant amounts of rainfall, providing relief from stress-related drought on the watershed. With this in mind, the focus of these reports (during the wet season) will be to share and put into perspective how Trinidad’s water consumption metrics compare to those of recent years.

The amounts represent the total water sold, captured by 325 customer meters, measured in cubic feet (7.48 gallons = 1 cubic foot).

July 2019 282,552 cuft January 2019 151,049
July 2020 275,612 January 2020 199,348
July 2021 251,168 January 2021 161,379
July 2022 198,081 January 2022 189,201
January 2023 154,543 (20.65% System Water Loss)
August 2019 307,500 February 2019 166,565
August 2020 273,992 February 2020 155,015
August 2021 269,771 February 2021 178,545
August 2022 227,681 February 2022 154,634
February 2023 136,626 (5.59% System Water Loss)
September 2019 238,316 March 2019 144,604
September 2020 302,614 March 2020 164,854
September 2021 227,831 March 2021 187,607
September 2022 216,470 March 2022 184,103
March 2023 152,813 (21.58 System Water Loss)
October 2019 188,075
October 2020 230,430 April 2019 160,185
October 2021 203,176 April 2020 199,450
October 2022 180,065 April 2021 192,287
April 2022 173,115
November 2019 211,649 April 2023 145,504 (20.19 System Water Loss) November 2020 198,813
November 2021 204,438
November 2022 169,144 (24.02% System Water Loss)
December 2019 201,305
December 2020 185,860
December 2021 201,160
December 2022 170,419 (9.91% System Water Loss)
Water sold in April decreased 5% from March. It was also the lowest April consumption in the 5-years displayed, and the lowest April consumption since the City’s RVS Water System Software was implemented in 2001.

We will continue to monitor consumption each month and report this information (along with summary trends and analysis) to the Council for review, comparison, and questions at each meeting.

CONSENT AGENDA ITEM 2

SUPPORTING DOCUMENTATION ATTACHED

1. Financial Statements – March 2023

CONSENT AGENDA ITEM 3

SUPPORTING DOCUMENTATION ATTACHED

3. Law Enforcement Report – April 2023

DISCUSSION AGENDA ITEM 1

SUPPORTING DOCUMENTATION ATTACHED

1. Discussion/Decision to appoint Two (2) Councilmembers to Participate in a Government to Government Consultation with the Trinidad Rancheria.

AGENDA ITEM: Appoint 2 Council Members in response to a request by the Trinidad Rancheria for a Government-to-Government Consultation
Date: May 09, 2023
________________________________________________________________________ ANALYSIS:

Per the City’s Government-to-Government Consultation (G2G) Policy, two Council Members can be appointed as an Ad-Hoc Committee for a G2G.

ACTION:

Appoint two Council Members to an Ad-Hoc Committee for a Government-to-Government Consultation with the Trinidad Rancheria.

DISCUSSION AGENDA ITEM 2

SUPPORTING DOCUMENTATION ATTACHED

2. Discussion/Decision regarding First Reading of Ordinance 2023-01; Adding Housing Related Definitions and Allowable Uses as Required by State Law and the Trinidad Housing Element to Sections of the Zoning Ordinance.

DISCUSSION AGENDA ITEM
May 9, 2023
---------------------------------------------------------------------------------------------------------------- Item: First Reading of Housing Related Zoning Ordinance Amendment Housing Element
The Housing Element is one of the seven general plan elements mandated by the state. It is the most rigidly dictated by state law of the all the elements and the only element that is required to be certified by a state agency—the Department of Community Development (HCD). As the state’s housing shortage continues, laws have gotten stricter, and the legislature has taken away more and more local control each year. However, they have also made additional funding available to local governments. HCD contracted with a consulting firm to help local jurisdictions, including Trinidad, develop compliant Housing Elements. The current Housing Element was adopted in April 2020 and has been certified by HCD. Based on that Housing Element, the City has received three housing-related grants from HCD.

LEAP Grant
Trinidad was approved for $65,000 in funding through HCD’s Local Early Action Planning (LEAP) Grant Program for housing planning and to facilitate acceleration of housing production to comply with the sixth cycle of the regional housing need assessment (RHNA). The LEAP Grant was established to provide support, incentives, resources, and accountability to meet California’s Housing goals. Trinidad’s LEAP Grant tasks focus on increasing housing opportunities and resources, particularly for people with special needs, providing information and assistance to residents on housing issues, and improving water infrastructure capacity and conservation.

Zoning Amendments
The first LEAP grant task is to prepare a zoning ordinance amendment to implement several Housing Element (HE) implementation programs, including HI-1, HI-7 and HI-11.

Most of these amendments are dictated by state law and are fairly minor. The amendments consist primarily of new and updated definitions and classification of several uses as residential uses subject only to the same requirements as for a single-family residence as required by state laws.

The Planning Commission considered the amendments at their July 20 and August 17, 2022, meetings and have recommended the amendment to the City Council for approval per Zoning Ordinance §17.68.030. The amendment was presented to the City Council at the September 13, 2022, meeting. No concerns or requested changes were brought up at that time. The City Attorney has also since reviewed the ordinance amendments, and based on his comments, the definition of single-room occupancy units was revised, and additional conditions were added for home occupations.

If adopted by the City Council, an LCP amendment application will need to be submitted to the Coastal Commission and certified prior to the amendment taking effect. Coastal Commission staff have reviewed the amendment and did not have any concerns. The reason this did not come to the Council for a first reading sooner was because we are going to several ordinance amendments to the Coastal Commission at the same time as part of one LCP amendment. This amendment, in particular, is complicated by the fact that the Coastal Commission has not certified the codified numbering system of the City ordinances. That will also be included as part of the LCP amendment. A Resolution authorizing submittal of the amendment will be included as part of the second reading.

Single-Family Dwelling
The definition for “dwelling, single-family” was updated to include manufactured homes as required by Government Code 65852.3. Applicable code references were also updated in the definition. Implements HE HI-1.

Employee Housing
A definition for “employee housing” was added per Health and Safety Code §17008, Employee housing for six or fewer persons is considered a residential use under state law, so it was added as a principally permitted use in the UR and SR zones and a use permitted with a use permit in the PD Zone subject to the same requirements as a single-family residence as dictated by Health and Safety Code § 17021.5. Implements HE HI-1.

Family
The definition of family was updated to remove references to the number of people, which, along with requirements regarding relationship status, is considered discrimination under federal fair housing laws. Implements HE HI-1.

Family Daycare Home/Day Care Center
A definition of “family daycare home” was added per Health and Safety Code §1596.78 and family daycare homes were added to the list of allowable home occupations, making it a residential accessory use not subject to discretionary permits as required by Health and Safety Code Chapter 3.6. Also, the conflicting definition of “day care center” (TMC §17.08.160) was removed and references to “day care centers” were removed from TMC §17.40.030 and §17.56.180. Implements HE HI-11.

A question was brought up at the Planning Commission hearing about the definition of small verses large family daycare homes, because the number of children allowed in each overlap. An explanation can be found in the code sections referenced in the definition.

Basically, a small family daycare home is up to six children (and a large is 7-12), but two additional children are allowed in either, under certain conditions, hence the overlap. See Health and Safety Code sections 1597.44 and 1597.465.

Manufactured Housing
A definition for “manufactured housing” was added per Health and Safety Code §18007, and manufactured housing was added to the definition of a single-family dwelling, and are therefore are allowed subject to the requirements of a single-family dwelling as required Government Code §65852.3. Implements HE HI-1.

Mobilehome
The definition of mobilehome was updated per Health and Safety Code §18008. In addition, §17.56.070 (mobile buildings) was updated to remove the specifications for when a mobilehome is considered a residence, because that is dictated by the definition of a single-family dwelling, state law, and the building code.

Recreational vehicle or RV
RVs are similar to mobilehomes, but are regulated differently. The definition of RV was updated, including reference to Health and Safety Code §18010.

Residential Care Facilities
A definition for “residential care facilities” was added per Health and Safety Code §1502(a)(1). Health and Safety Code 1566.3 dictates that residential care facilities for up to six people are considered a residential use and a “family” for the purposes of any land use regulations. Therefore, residential care facilities were added as a principally permitted use in the UR and SR zones. In addition, residential care facilities for more than six people were added as a use permitted with a use permit in the UR and SR zones. And residential care facilities for any number of people were added as a use permitted with a use permit in the PD zone. Implements HE HI-1.

Single Room Occupancy Units
A definition for “single room occupancy units” (SRO) was added based on definitions from other cities, because they are not specifically defined in the state code; the City Attorney had some additional recommendations, which have been included. And SROs were added as a use permitted with a use permit in the PD zone. In addition, regulations for SROs (§17.56.025), including parking standards (§17.56.180), were added to the specific use regulations section of the zoning ordinance (Chapter 17.56). Note that parking standards for other new uses included in this amendment must be the same as for a singlefamily residence. Implements HE HI-1.

Single room occupancy units are most often converted from old hotels, but they can be new construction as well. The City has the most flexibility under state law to regulate this housing type compared to the others in this amendment. The Planning Commission discussed whether there should be any limit on the maximum number or maximum density of SRO units, or whether wastewater limitations would be enough. Most communities tend to require onsite management where there are more than 10 SRO units.

This indicates that around 10 is the point at which potential nuisances associated with this type of development become problematic. For a town as small as Trinidad, 10 would not be an unreasonable maximum. On the other hand, Trinidad does need more affordable housing. The Planning Commission felt that density will be adequately limited by septic requirements. In addition, any SRO development would require approval of a use permit and a management plan, which gives the Planning Commission flexibility to consider the issue on a case-by-case basis.

Supportive Housing
A definition for “supportive housing” was added per Government Code §65582.

Supportive housing is also considered a residential use subject only to the same requirements as a single-family residence, so it was added as a principally permitted use in the UR and SR zones and a use permitted with a use permit in the PD Zone per Government Code §65583. Implements HE HI-1.

Target Population
The term “target population” is used in the definition of “supportive housing,” so a definition was added per Government Code §65582.

Transitional Housing
A definition for “transitional housing” was added per Government Code §65582.

Transitional housing is also considered a residential use, so it was added as a principally permitted use in the UR and SR zones and a use permitted with a use permit in the PD Zone subject to the same requirements as a single-family residence per Government Code §65583. Implements HE HI-1.

HI-7/SB35
You may have noticed that the grant task included implementation of HI-7, but there were no amendments included to implement HI-7. HI-7 directs the City to develop regulations for streamlining affordable housing projects per SB35 (Government Code §65913.4).

However, upon review of the regulations, they do not apply in areas that area not designated as “urban” nor in the Coastal Zone. Therefore, Trinidad does not have to comply with this state mandate. The City could choose to follow it anyway, but the regulations are complicated, and the likelihood of such affordable housing projects being built in Trinidad due to land values and density limitations of septic systems is so low, that it would likely be a waste of time.

Staff Recommended Action
Approve the first reading of the housing related zoning ordinance amendment.

Attachments
Housing Related Zoning Ordinance Amendment No. 2023-01 (20 pages) Housing Updates Ordinance
p. 1
City of Trinidad PC Recommended and Attorney Reviewed April 2023

TRINIDAD CITY HALL CHERYL KELLY, MAYOR
P.O. Box 390 GABRIEL ADAMS, CITY CLERK
409 Trinity Street
Trinidad, CA 95570
(707) 677-0223
ORDINANCE NO. 2023-01

AN ORDINANCE OF THE CITY OF TRINIDAD
AMENDING CHAPTERS, 17.08, 17.28, 17.32, 17.36, 17.40 AND 17.56 OF THE

TRINIDAD MUNICIPAL CODE AND COASTAL COMMISSION CERTIFIED

ZONING ORDINANCE TO ADD HOUSING RELATED DEFINTIONS AND

ALLOWABLE USES AS REQUIRED BY STATE LAW AND THE TRINIDAD

HOUSING ELEMENT
WHEREAS, the State of California has made housing a statewide priority and has adopted numerous laws that define and require local jurisdictions to allow certain housing types; and
WHEREAS, the purpose of this ordinance is to bring Trinidad’s Municipal Code into compliance with these State laws; and
WHEREAS, California’s Housing element statute requires that local governments identify constraints to providing housing for individuals with disabilities and develop strategies for removing those constraints; and
WHEREAS, the Trinidad General Plan Housing Element Implementation Program HI-1 directs the City to amend the zoning ordinance to address, among other things, the following: manufactured housing/mobile homes, single room occupancy units, traditional and supportive housing, employee housing, and residential care facilities.

WHEREAS, the Trinidad General Plan Housing Element Implementation Program HI11 directs the City to encourage appropriately licensed/permitting cottage or homebased industries, including fishing, tourism, and family day care homes.

WHEREAS, the City Council finds that this ordinances complies with State law and implements the goals, policies, and programs of the Housing Element of the Trinidad General Plan.

NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF TRINIDAD DOES ORDAIN AS FOLLOWS:

Section 1. Amendment of Chapter 17.08
Chapter 17.08 shall be amended as follows:

Housing Updates Ordinance
p. 2
City of Trinidad PC Recommended and Attorney Reviewed April 2023 Chapter 17.08

DEFINITIONS
Sections:

17.08.010 Construction.

17.08.020 Advertising area.

17.08.030 Aggrieved person.

17.08.040 Agriculture.

17.08.050 Bluff.

17.08.060 Building.

17.08.070 Building, accessory.

17.08.080 Building inspector.

17.08.090 Campground.

17.08.100 City, city council.

17.08.110 City clerk.

17.08.120 Coastal Commission.

17.08.130 Coastal development permit.

17.08.140 Coastal zone.

17.08.150 Condominium.

17.08.160 Day care center.

17.08.170 dbh.

17.08.180 Density.

17.08.200 Development.

17.08.210 Duplex.

17.08.220 Dwelling, multifamily.

17.08.230 Dwelling, single-family.

17.08.240 Dwelling, townhouse.

17.08.250 Dwelling unit.

17.08.260 Emergency.

17.08.265 Emergency shelter

17.08.267 Employee housing
Housing Updates Ordinance
p. 3
City of Trinidad PC Recommended and Attorney Reviewed April 2023

17.08.270 Family.

17.08.275 Family daycare home

17.08.280 Feasible.

17.08.290 Fence.

17.08.300 Fill.

17.08.310 Floor area, gross.

17.08.320 General plan.

17.08.330 Grade.

17.08.340 Guesthouse.

17.08.350 Height.

17.08.360 Home occupation.

17.08.370 Kennel.

17.08.380 Lot.

17.08.390 Lot area.

17.08.400 Lot, corner.

17.08.410 Lot frontage.

17.08.420 Lot, interior.

17.08.430 Lot lines.

17.08.440 Lot line, rear.

17.08.450 Lot, nonconforming.

17.08.455 Manufactured housing

17.08.460 Mobilehome.

17.08.470 Mobilehome park.

17.08.480 Motel, inn.

17.08.490 New.

17.08.500 Nonconforming.

17.08.510 Off-street parking.

17.08.520 Off-street loading.

17.08.530 Ownership.

17.08.540 Person.

17.08.550 Public works project.

Housing Updates Ordinance
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City of Trinidad PC Recommended and Attorney Reviewed April 2023

17.08.560 Recreation, commercial.

17.08.570 Recreational vehicle or RV.

17.08.575 Residential care facility

17.08.580 Rest home.

17.08.590 Servants’ quarters.

17.08.600 Services, personal and professional.

17.08.610 Sign.

17.08.620 Sign, freestanding.

17.08.630 Sign, off-premises.

17.08.635 Single room occupancy unit

17.08.640 Parking lot, public.

17.08.650 Sign, on-premises.

17.08.660 Story.

17.08.670 Street.

17.08.680 Structure.

17.08.690 Structure, accessory.

17.08.692 Supportive housing

17.08.695 Target population

17.08.697 Transitional housing

17.08.700 Use.

17.08.710 Use, accessory.

17.08.720 Use, principal permitted.

17.08.730 Yard.

17.08.740 Yard, front.

17.08.750 Yard, rear.

17.08.760 Yard, side.

17.08.770 Zone.

Section 17.08.160 is hereby eliminated from the Trinidad Municipal Code:

17.08.160 Day care center.

Housing Updates Ordinance
p. 5
City of Trinidad PC Recommended and Attorney Reviewed April 2023 “Day care center” means any type of group child day care program, including nurseries of children of working mothers; nursery schools for children under minimum age for education in public schools; privately conducted kindergartens when not part of a public or parochial school; programs covering after-school care for school children; all of which must be conducted in accordance with state and local requirements and shall not accommodate more than five children. [Ord. 166 Appx. A, 1979].

Section 17.08.230 of the Trinidad Municipal Code is hereby amended to read as follows:

17.08.230 Dwelling, single-family.
“Single-family dwelling” means a freestanding building designed for and/or occupied exclusively by one family to include mobilehomes and manufactured homes certified under on a foundation which conform to the National Mobile HomeManufactured Housing Construction and Safety Standards Act of 1974 (42 U.S.C. Secs. 5401 et seq.) on a foundation system, pursuant to Section 18551 of the California Health and Safety Code. and Chapter 29 of the UBC, 1979 Edition. [Ord. 84-180 § 6, 1984; Ord. 175 § 5, 1981; Ord. 166 Appx. A, 1979].

A new Section 17.08.267 is added to the Trinidad Municipal Code as follows:

17.08.267 Employee Housing
“Employee housing” means accommodation provided by an employer for six or fewer employees, and shall have the same definition as in Section 17008 of the California Health and Safety Code. Employing housing for six or fewer persons is a residential use subject only to the same requirements as apply to other residential dwellings of the same type in the same zone.

Section 17.08.270 of the Trinidad Municipal Code is hereby amended to read as follows:

17.08.270 Family.
“Family” means one person, or two or more persons, or a group not in excess of five persons living together as a household as a single housekeeping in a dwelling unit. [Ord. 90-204 § 2(T), 1990; Ord. 166 Appx. A, 1979].

A new Section 17.08.275 is added to the Trinidad Municipal Code as follows:

17.08.275 Family daycare home
“Family daycare home” means a facility that regularly provides care, protection, and supervision for 14 or fewer children, in the provider’s own home, for periods of less than Housing Updates Ordinance
p. 6
City of Trinidad PC Recommended and Attorney Reviewed April 2023 24 hours per day, while the parents or guardians are away, and is either a large family daycare home or a small family daycare home.
a. “Large family daycare home” means a facility that provides care, protection, and supervision for 7 to 14 children, inclusive, including children under 10 years of age who reside at the home, as set forth in California Health and Safety Code Section 1597.465 and as defined in regulations.
b. “Small family daycare home” means a facility that provides care, protection, and supervision for eight or fewer children, including children under 10 years of age who reside at the home, as set forth in California Health and Safety Code Section 1597.44 and as defined in regulations.
c. A small family daycare home or large family daycare home includes a detached single-family dwelling, a townhouse, a dwelling unit within a dwelling, or a dwelling unit within a covered multifamily dwelling in which the underlying zoning allows for residential uses. A small family daycare home or large family daycare home is where the daycare provider resides, and includes a dwelling or a dwelling unit that is rented, leased, or owned.

A new Section 17.08.267 is added to the Trinidad Municipal Code as follows:

17.08.455 Manufactured home or housing
“Manufactured home” or “Manufactured housing” means a structure that was constructed on or after June 15, 1976, is transportable in one or more sections, is eight body feet or more in width, or 40 body feet or more in length, in the traveling mode, or, when erected on site, is 320 or more square feet, is built on a permanent chassis and designed to be used as a single-family dwelling with or without a foundation when connected to the required utilities, and includes the plumbing, heating, air conditioning, and electrical systems contained therein. “Manufactured home” includes any structure that meets all the requirements of this paragraph except the size requirements and with respect to which the manufacturer voluntarily files a certification and complies with the standards established under the National Manufactured Housing Construction and Safety Act of 1974 (42 U.S.C., Sec. 5401, and following) consistent with Section 18007 of the California Health and Safety Code.

Section 17.08.460 of the Trinidad Municipal Code is hereby amended to read as follows:

17.08.460 Mobilehome.
“Mobilehome” means a structure that was constructed prior to June 15, 1976, is transportable in one or more sections, is eight body feet or more in width, or 40 body feet or more in length, in the traveling mode, or, when erected onsite, is 320 or more square feet, is built on a permanent chassis and designed to be used as a single-family Housing Updates Ordinance
p. 7
City of Trinidad PC Recommended and Attorney Reviewed April 2023 dwelling with or without a foundation system when connected to the required utilities, and includes the plumbing, heating, air conditioning, and electrical systems contained therein consistent with Section 18008 of the California Health and Safety Code (CHSC). “Mobilehome” includes any structure that meets all the requirements of this paragraph and complies with the state standards for mobilehomes in effect at the time of construction. “Mobilehome” does not include a commercial modular, as defined in CHSC Section 18001.8, factory-built housing, as defined in CHSC Section 19971, a manufactured home, as defined in CHSC Section 18007, a multifamily manufactured home, as defined in CHSC Section 18008.7, or a recreational vehicle, as defined in CHSC Section 18010.means a dwelling originally equipped with an axle and wheels, without motor powers, with more than 256 square feet of floor area, and complying with the construction requirements of the state for such units. [Ord. 166 Appx. A, 1979].

Section 17.08.570 of the Trinidad Municipal Code is hereby amended to read as follows:

17.08.570 Recreational vehicle or RV.
“Recreational vehicle or RV” means a motor home, travel trailer, truck camper, or camping trailer, with or without motive power, designed for human habitation for recreational, emergency, or other temporary occupancy that is less than 400 square feet in gross floor area meeting the definition of California Health and safety Code section 18010, including park trailers or park model RVs. means a licensed vehicle, with or without motor power, with less than 256 square feet of floor area designed as a recreational residence and equipped for cooking and eating and/or sleeping. [Ord. 166 Appx. A, 1979].

A new Section 17.08.575 is added to the Trinidad Municipal Code as follows:

17.08.575 Residential care facility
“Residential care facility” means any family home, group care facility, or similar facility as determined by the State Ddepartment of Social Services, for 24- hour nonmedical care of persons in need of personal services, supervision, or assistance essential for sustaining the activities of daily living or for the protection of the individual, consistent with Section 1502(a)(1) of the California Health and Safety Code . State-licensed residential care facilities for six or fewer persons, excluding the facility operator and staff, shall be considered a family use subject only to the same regulations as apply to other residential dwellings of the same type in the same zone.

A new Section 17.08.635 is added to the Trinidad Municipal Code as follows:

17.08.635 Single room occupancy units
Housing Updates Ordinance
p. 8
City of Trinidad PC Recommended and Attorney Reviewed April 2023 “Single room occupancy units” means one or more residential units for occupancy by no more than two persons consisting of a single habitable room with a minimum floor area of 150 square feet and a maximum area of 400 square feet within a residential facility providing sleeping and living quarters in which sanitary and kitchen facilities are provided either within the individual unit or shared within the facility. Kitchens, bathrooms, garage spaces, outbuildings and other components of any structure not designed for residential sleeping and living quarters shall not qualify as a single room occupancy unit.

A new Section 17.08.692 is added to the Trinidad Municipal Code as follows:

17.08.692 Supportive housing
“Supportive housing” means housing with no limit on length of stay, that is occupied by the target population, and that is linked to an onsite or offsite service that assists the supportive housing resident in retaining the housing, improving their health status, and maximizing their ability to live and, when possible, work in the community consistent with Section 65582(g) of the California Government Code. Supportive housing is a residential use subject only to the same requirements as apply to other residential dwellings of the same type in the same zone.

A new Section 17.08.695 is added to the Trinidad Municipal Code as follows:

17.08.695 Target population
“Target population” means persons with low incomes who have one or more disabilities, including mental illness, HIV or AIDS, substance abuse, or other chronic health condition, or individuals eligible for services provided pursuant to the Lanterman Developmental Disabilities Services Act (Division 4.5 (commencing with Section 4500) of the Welfare and Institutions Code) and may include, among other populations, adults, emancipated minors, families with children, elderly persons, young adults aging out of the foster care system, individuals exiting from institutional settings, veterans, and homeless people. (See Government Code §65582(i) A new Section 17.08.697 is added to the Trinidad Municipal Code as follows:

17.08.697 Transitional housing
“Transitional housing” means buildings configured as rental housing developments, but operated under program requirements that require the termination of assistance and recirculating of the assisted unit to another eligible program recipient at a predetermined future point in time that shall be no less than six months from the beginning of the assistance consistent with Section 65582(j) of the California Housing Updates Ordinance
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City of Trinidad PC Recommended and Attorney Reviewed April 2023 Government Code. Transitional housing is a residential use subject only to the same requirements as apply to other residential dwellings of the same type in the same zone.

Section 2. Amendment of Chapter 17.28
Chapter 17.28 shall be amended as follows:

Chapter 17.28

SR ZONE
Sections:

17.28.010 Established – Purpose.

17.28.020 Principal permitted uses.

17.28.030 Uses permitted with a use permit.

17.28.040 Minimum lot area.

17.28.050 Maximum density.

17.28.060 Minimum yards.

17.28.070 Maximum building height.

17.28.080 Vegetation removal.

17.28.090 Required geologic study.

Section 17.28.020 of the Trinidad Municipal Code is hereby amended to read as follows:

17.28.020 Principal permitted uses.

Principal permitted uses in the SR zone are:

A. Single-family dwelling, subject to the requirements of TMC 17.28.090; B. Transitional housing, supportive housing, and employee housing in a single-family dwelling;
C. Residential care facilities for six or fewer persons in a single-family dwelling; D. B. Keeping of no more than four household pets on each lot; E. C. Placement of one recreational vehicle on a vacant lot for use as a seasonal residence for not more than six months in any 12-month period; provided, that if Housing Updates Ordinance
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City of Trinidad PC Recommended and Attorney Reviewed April 2023 occupied for more than one month in any 12-month period, a water supply and wastewater disposal system shall be provided;
F. D. Home occupations as provided in TMC 17.56.060. [Ord. 166 § 4.05(A), 1979].

Section 17.28.030 of the Trinidad Municipal Code is hereby amended to read as follows:

17.28.030 Uses permitted with a use permit.

Uses permitted with a use permit in the SR zone are:

A. Agriculture, including farming, grazing and plant nursery; B. A second dwelling unit, which may be in a duplex, or guesthouse, or servants’ quarters;
C. Residential care facilities for seven or more persons in a single-family dwelling; DC. Removal of trees more than 12 inches dbh, except as provided in this chapter. [Ord. 167 § 5, 1980; Ord. 166 § 4.05(B), 1979].

Section 3. Amendment of Chapter 17.32
Chapter 17.32 shall be amended as follows:

Chapter 17.32

UR ZONE
Sections:

17.32.010 Established – Purpose.

17.32.020 Principal permitted uses.

17.32.030 Uses permitted with a use permit.

17.32.040 Minimum lot area.

17.32.050 Maximum density.

17.32.060 Minimum yards.

17.32.070 Maximum building height.

17.32.080 Vegetation removal.

17.32.090 Required geologic study.

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City of Trinidad PC Recommended and Attorney Reviewed April 2023 Section 17.32.020 of the Trinidad Municipal Code is hereby amended to read as follows:

17.32.020 Principal permitted uses.

Principal permitted uses are:

A. Single-family dwelling, subject to the requirements of TMC 17.32.090; B. Transitional housing, supportive housing, and employee housing in a single-family dwelling;
C. Residential care facilities, limited to six or fewer persons in a single-family dwelling; D. B. Home occupation, as provided in TMC 17.56.060. [Ord. 166 § 4.06(A), 1979].

Section 17.32.030 of the Trinidad Municipal Code is hereby amended to read as follows:

17.32.030 Uses permitted with a use permit.

Uses permitted with a use permit in the UR zone include:

A. Guesthouse; servants’ quarters;
B. Residential care facilities for seven or more persons in a single-family dwelling; C. B. Removal of trees more than 12 inches dbh. [Ord. 167 § 6, 1980; Ord. 166 § 4.06(B), 1979].

Section 4. Amendment of Chapter 17.36
Chapter 17.36 shall be amended as follows:

Chapter 17.36

PD ZONE
Sections:

17.36.010 Established – Purpose.

17.36.020 Uses permitted with a use permit.

17.36.030 Minimum lot area.

17.36.040 Maximum density.

17.36.050 Minimum yards.

17.36.060 Maximum building height.

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City of Trinidad PC Recommended and Attorney Reviewed April 2023

17.36.070 Open space.

17.36.080 Application procedure.

Section 17.36.020 of the Trinidad Municipal Code is hereby amended to read as follows:

17.36.020 Uses permitted with a use permit.

Uses permitted with a use permit in the PD zone are:

A. Single-family dwelling, duplex, condominiums and townhouses with not more than four dwellings in a building; groups of permitted types; B. Transitional housing, supportive housing and employee housing in a dwelling unit; C. Residential care facilities in a dwelling unit;
D. Single room occupancy units;
E. B. Motels, inns, gift shops, restaurants (not drive-in), personal services, professional offices, retail sales and visitor services;
F. C. Home occupations as provided in TMC 17.56.060;
G. D. Rest homes and, day care centers, emergency shelters with onsite management and not more than 10 beds;
H. E. A combined residence with a business use allowed by this section, other than a motel, where the business is not a home occupation as described by this title. [Ord. 87- 190 § 1 (Exh. A), 1987; Ord. 168 § 3, 1980; Ord. 167 § 7, 1980; Ord. 166 § 4.07(A), 1979].

Section 5. Amendment of Chapter 17.40
Chapter 17.40 shall be amended as follows:

Chapter 17.40

VS ZONE
Sections:

17.40.010 Established – Purpose.

17.40.020 Principal permitted uses.

17.40.030 Uses permitted with a use permit.

17.40.040 Minimum lot area.

17.40.050 Maximum density.

17.40.060 Minimum yards.

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City of Trinidad PC Recommended and Attorney Reviewed April 2023

17.40.070 Maximum building height.

17.40.080 Vegetation removal.

Section 17.40.030 of the Trinidad Municipal Code is hereby amended to read as follows:

17.40.030 Uses permitted with a use permit.

Uses permitted with a use permit in the VS zone are:

A. Drive-in restaurant, lounge;
B. Campground, recreational vehicle park;
C. Grocery, laundromat or similar visitor convenience appurtenant to a visitor accommodation;
D. Single-family dwelling for the manager of another on-site permitted use; E. Day care center. [Ord. 166 § 4.08(B), 1979].

Section 6. Amendment of Chapter 17.56
Chapter 17.56 shall be amended as follows:

Chapter 17.56

SPECIFIC USE REGULATIONS
Sections:

17.56.010 Applicability.

17.56.020 Accessory uses.

17.56.030 Vehicle and other storage.

17.56.040 Animals.

17.56.050 Assemblages of persons and vehicles.

17.56.060 Home occupations.

17.56.065 Single room occupancy units

17.56.070 Mobile buildings.

17.56.080 Access to public road.

17.56.090 Accessory structures.

17.56.100 Height limitations and modifications.

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City of Trinidad PC Recommended and Attorney Reviewed April 2023

17.56.110 Yards, fences, walls and hedges.

17.56.120 Swimming pools.

17.56.130 Shoreline protection and alteration.

17.56.140 Rare plants.

17.56.150 Public access to the shoreline.

17.56.160 Signs.

17.56.170 Landscaping and screening.

17.56.180 Parking.

Section 17.56.060 of the Trinidad Municipal Code is hereby amended to read as follows:

17.56.060 Home occupations.

Home occupations, including but not limited to commercial fishing related occupationthose ancillary to fishing and tourism, cottage industries, sewing, music studios, art studios, home and health care product distributors, food production, bookkeeping, and family daycare homes shall be permitted as an accessory use to any dwelling, subject to the following conditions:

A. All applicable State licenses and approvals are in place; B. No employees other than members of the resident family may work in the home occupation;
CB. Not more than one, unlighted sign not to exceed three square feet in area and attached to the dwelling;
DC. No outside display of merchandise;
ED. Electrical motors only, and not to exceed a total of one horsepower; FE. No radio or television interference or noise audible beyond the boundaries of the site shall be emitted as a result of the home occupation; G. No odors shall be emitted outside of the home related to the home occupation.

GHF. No significant increase in automobile, traffic and vehicular parking over normal residential use shall occur and no trucks of greater than three-quarter ton on the site. [Ord. 166 § 6.06, 1979].

A new Section 17.56.025 is added to the Trinidad Municipal Code as follows:

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City of Trinidad PC Recommended and Attorney Reviewed April 2023

17.56.025 Single room occupancy units.

The provisions of this section are intended to provide opportunities for the development of permanent, affordable housing for small households and for people with special needs in proximity to transit and services and to establish standards for these small units.

A. Location. A single-room occupancy residential housing facility shall not be located within three hundred (300) feet of any other single-room occupancy residential housing, emergency shelter, or other similar program, unless such program is located within the same building or on the same lot.

B. Density. Single room occupancy units are not considered dwellings for the purposes of calculating density, but density shall not exceed wastewater treatment capacity of the soil.

C. Development Standards.

1. Size. Units shall have a minimum floor area of one hundred fifty (150) square feet and a maximum floor area of four hundred (400) square feet.

2. Occupancy. Each unit shall accommodate a maximum of two persons.

3. Bathroom. A single room occupancy unit is not required to but may contain partial or full bathroom facilities. A partial bathroom facility shall have at least a toilet and sink; a full facility shall have a toilet, sink and bathtub or shower or bathtub/shower combination. If a full bathroom facility is not provided, common bathroom facilities shall be provided in accordance with the California Building Code for congregate residences with at least one full bathroom per every three units.

4. Kitchen. A single room occupancy unit is not required to but may contain partial or full kitchen facilities. A full kitchen includes a sink, a refrigerator and stove, range top or oven. A partial kitchen is missing at least one of these appliances. If a full kitchen is not provided, common kitchen facilities shall be provided with at least one full kitchen per floor.

5. Closet/Storage. Each single-room occupancy unit shall have a separate closet or be provided access to a separate, secure storage space within the facility.

6. Common Area. Ten (10) square feet of common, usable open space per unit shall be provided, with at least two hundred (200) square feet in area of interior common space, and two hundred (200) square feet of exterior open space, excluding parking areas, janitorial storage, laundry facilities, and common hallways. All common areas shall comply with all applicable ADA accessibility and adaptability requirements.

7. Laundry. Common laundry facilities shall be provided at a rate of not less than one (1) washer and one (1) dryer per site, in addition to a laundry sink and folding area. The requirement for common on-site laundry facilities may be Housing Updates Ordinance
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City of Trinidad PC Recommended and Attorney Reviewed April 2023 waived if there is a public laundry facility within one-quarter (¼) of a mile from the project site.

8. Cleaning Supply Room. A cleaning supply room or utility closet with a wash tub with hot and cold running water shall be provided on each floor of the singleroom occupancy facility.

9. Code Compliance. Single room occupancy units shall comply with all requirements of the California Building Code. All units shall comply with all applicable accessibility and adaptability requirements.

10. New Structure. A new structure containing single room occupancy unit(s) will be subject to all applicable regulations for new structures, including geologic studies, public access requirements and design review.

11. Existing Structure. An existing structure may be converted to a single room occupancy facility, consistent with the provisions of this section. Any such conversion must bring the entire structure up to current building code standards, including accessibility and adaptability standards, unless otherwise exempted by the chief building official.

12. Wastewater. The onsite wastewater treatment system shall be designed or upgraded as needed to meet all applicable standards for single room occupancy units whether the facility is located in a new or existing structure.

13. Off-street parking shall be required as specified in Section 17.56.180.B.4.

D. Business Practices—Facility Management. A single room occupancy facility with ten (10) or more units shall provide on-site management. A single room occupancy facility with less than ten (10) units may provide a management office on site.

E. Management Plan. A management plan shall be submitted with the development application for a single room occupancy facility and shall be approved by the Planning Commission. The management plan must address management and operation of the facility, rental procedures, safety, and security of the residents and building maintenance.

F. Tenancy. Tenancy of SRO units shall not be for less than thirty (30) days.

G. Mixed Use Allowances. On parcels in which mixed use projects are allowed, single room occupancy units may be combined with other uses.

Section 17.56.070 of the Trinidad Municipal Code is hereby amended to read as follows:

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City of Trinidad PC Recommended and Attorney Reviewed April 2023

17.56.070 Mobile buildings.

Mobile buildings, including mobilehomes, shall not be stored in the city. Outside of the MH combining zone a mobilehome or mobile building may be located on a lot and used for a residence or office only under the following conditions:

A. One mobile building may be used as an office, appurtenant and accessory to the operation of a mobilehome or RV sales area.

B. One mobile building may be permitted as a temporary office or residence after obtaining a building permit for the construction of a permanent building of the same use on the same lot, subject to the approval of the Building Inspector. Such use of the mobile building shall be limited to 6 months from the date of building permit issuance and shall automatically terminate upon the expiration or voidance of the building permit. The Building Inspector may approve one additional time period of 6 months if substantial progress has been made in the construction of the permanent building and it is reasonable and probable that the permanent building will be completed within such additional period.

C. A mobile building may be used, subject to obtaining a use permit, as a temporary office by a construction contractor.

D. A mobile building may be used, subject to obtaining a use permit, for an office and sales of fishing equipment in conjunction with the operation of the harbor. The mobile building shall be sited, and the exterior appearance modified to blend the unit with the harbor environment. The existing parking area shall not be reduced, and the building must be removed from the harbor area between October 1st and April 15th of each year.

E. A mobilehome is considered a single-family dwelling if it is on a permanent foundation and:

1. Conforms to the National Mobile Construction and Safety Standards of 1974;

2. Meets the requirements of Chapter 29 of the UBC, 1979 Edition;

3. Conforms to the criteria for single-family dwellings, as specified in Section 6.19 Design Review. This is to include the mobilehome itself and any attached or accessory structures, such as covered porches, carports;

4. Should be at least a “double-wide.” Single-wide mobilehomes are considered to be out of character with the existing community. [Ord. 84-180 § 1, 1984; Ord. 175 § 1, 1981; Ord. 166 § 6.07, 1979].

Section 17.56.180 of the Trinidad Municipal Code is hereby amended to read as follows:

17.56.180 Parking.

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City of Trinidad PC Recommended and Attorney Reviewed April 2023 Off-street parking and loading space shall be provided in all zones in conformity with the following:

A. Each required parking space shall not be less than eight feet six inches wide, 18 feet long and seven feet high; provided, that where three to four spaces are required, one space may be 16 feet long to accommodate compact cars; where five spaces are required, two may be 16 feet long; and where six or more spaces are required, up to 50 percent of the spaces may be 16 feet long.

B. Parking spaces shall be as follows:

1. Campground, RV park, motel: two spaces plus one space per unit;

2. Single-family dwelling on a lot: two spaces in addition to any garage spaces;

3. Attached dwellings (duplex, townhouse): one and one-half spaces per unit;

4. Single room occupancy units: one space per unit;

5. Offices and retail business: one space per 300 square feet of gross floor area, with a minimum of three spaces. One additional space per employee in a medical or dental office;

65. Restaurant, lounge: one space for each four seats or 200 square feet of gross floor area, whichever is the largest;

76. Drive-in restaurant: one space per 100 square feet of gross floor area;

87. Wholesale, service station, vehicle and equipment repair, day care center, retail sale of bulky items: two spaces plus one space per employee on largest shift;

98. Emergency shelters: two spaces plus one space for every five beds; 109. Within the PD planned development zone: gift shops, personal services, professional offices, retail sales, visitor services and combined residence and businesses other than a home occupation: a minimum of three spaces for up to 500 square feet of gross floor area of the business; an additional one space per each additional 300 square feet of gross floor area of the business. This provision applies only in PD or planned development zones.

C. Required parking spaces shall be located on the same lot with the use to be served.

Required parking shall not be located closer than 20 feet to the intersection of street rights-of-way. Where four or more dwellings are located on the same lot, outdoor parking shall not be closer than five feet to any on-site building and not closer than three feet to any side or rear lot line. Where more than four parking spaces are required, they shall not be located so as to require backing into the public street right-of-way. Where parking spaces or an aisle serving a parking facility is adjacent to the UR or SR zones, a sight-obscuring fence at least four feet high shall be provided.

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City of Trinidad PC Recommended and Attorney Reviewed April 2023 D. Any parking facility of four or more vehicles, including access driveways and aisles, shall be graded and drained to dispose of surface water to the satisfaction of the city engineer, and shall be surfaced with concrete, asphaltic concrete, bituminous surface treatment or an equivalent satisfactory to the city engineer, and shall be maintained in good condition free of weeds, trash and debris. Individual parking spaces shall be designated by contrasting paint or markers.

E. Driveways providing access to a parking facility shall be at least 12 feet wide for each lane of travel, and aisles providing access to parking spaces shall be as follows:

1. One-way aisle serving angle parking less than 50 degrees, 12 feet wide;

2. One-way aisle serving angle parking 50 to 75 degrees, or two-way aisle serving angle parking less than 50 degrees, 18 feet wide;

3. Two-way aisle serving angle parking 50 degrees or more, or aisle serving more than 75-degree angle parking, 24 feet wide.

F. Parking facilities for nonresidential uses which will be used after dark shall be lighted; provided, that the light source shall be directed away from adjoining residential premises.

G. Required parking for residences and for uses requiring less than four parking spaces shall be graded and surfaced to provide an all-weather surface.

H. In the PD planned development zone, in lieu of providing parking facilities required by the provisions of this section, the requirements may be satisfied by payment to the city, prior to the issuance of the building permit, of an amount per parking space, prescribed by the council, for each parking space required by this section but not provided. The payment shall be deposited with the city in a special fund and shall be used, whenever possible, for the purpose of acquiring, developing, maintaining or enhancing parking facilities located, insofar as practical, in the vicinity of the use for which the payment is made. The council may decline to accept payment in lieu of providing parking facilities. [Ord. 87-190 § 1 (Exh. A), 1987; Ord. 167 § 10, 1980; Ord. 166 § 6.18, 1979].

Section 7 Severability.

If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this Ordinance, or its application to any person or circumstance, is for any reason held to be invalid or unenforceable, such invalidity or unenforceability shall not affect the validity or enforceability of the remaining sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases of this Ordinance, or its application to any person or circumstance. The City Council of the City of Trinidad hereby declares that it would have adopted each section, subsection subdivision paragraph, sentence, clause or phrase hereof, irrespective of the fact that any one or more other sections, subsections Housing Updates Ordinance
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City of Trinidad PC Recommended and Attorney Reviewed April 2023 subdivisions paragraphs, sentences, clauses or phrases hereof be declared invalid or unenforceable.

Section 8 Environmental Compliance
The City of Trinidad finds that this Ordinance is exempt from the California Environmental Quality Act pursuant to CEQA Guidelines Section 15251(f) statutorily exempting activities involving the preparation, approval, and certification of Local Coastal Programs.

PASSED AND ADOPTED by the City Council of the City of Trinidad, State of California, on Tuesday, May 9, 2023, by the following vote:

AYES:

NAYS:

ABSENT:

ABSTAIN:

Attest:

Gabriel Adams Cheryl Kelly
Trinidad City Clerk Mayor
First Reading of Ordinance 2023-01: Tuesday, May 9, 2023 Second Reading of Ordinance 2023-01: Tuesday, June 13, 2023 DISCUSSION AGENDA ITEM 3

SUPPORTING DOCUMENTATION ATTACHED

3. Discussion/Decision regarding First Reading of Ordinance 2023-02; Amending Chapter 17.08 and

17.58 Reasonable Accommodations to the Trinidad Municipal Code and Coastal Commission Certified Zoning Ordinance.

DISCUSSION AGENDA ITEM
May 9, 2023
---------------------------------------------------------------------------------------------------------------- Item: First Reading of a Reasonable Accommodation Zoning Ordinance Amendment (LEAP Grant Task)
As with the last zoning ordinance amendment, this one is funded by the City’s LEAP grant, and it further implements the City’s Housing Element.

Reasonable Accommodation
Housing Element implementation program HI-1 directs the City to amend the zoning ordinance to, among other things, add a process for reasonable accommodation requests.

Reasonable accommodation is a process by which a disabled person can ask for an exception to zoning ordinance standard(s) in order to have equal access to housing. This is something that has come up as an issue in the past, because the City has no exception process for zoning standards other than a variance, which has limited applicability and is a difficult process.

The Federal Fair Housing Act and the California Fair Employment and Housing Act prohibit discrimination against persons with disabilities and require cities and counties to take affirmative action to eliminate regulations and practices that deny housing opportunities to persons with disabilities. Fair housing laws also require that cities and counties provide persons with disabilities flexibility in the application of land use, zoning, and building regulations, and related practices and procedures, by modifying or waiving certain requirements when it is necessary to eliminate barriers to housing. The proposed amendment would allow for the granting of minor modifications to land use regulations and LCP requirements to give persons with disabilities equal access to housing opportunities.

The amendment would add a new chapter to the zoning ordinance that outlines the process and requirements for reasonable accommodation requests. If a discretionary permit is required as part of the development, then reasonable accommodation request would be processed concurrently with that permit in the usual manner. But a reasonable accommodation request can also be made for projects that would only require a building permit or that would not require any permit. In that case, approval would be given administratively.

A classic example of reasonable accommodation would be a wheelchair access ramp that does not meet setback requirements. Certain findings need to be made in granting the reasonable accommodation request, and conditions of approval can be added. Reasonable accommodations do not run with the land and are generally required to be removed when the disabled person no longer occupies the residence. The regulations are modeled after ordinances adopted in other communities.

Although the primary intent of the amendment is to comply with State and Federal laws related to reasonable accommodations, the proposed language has also considered Coastal Act requirements and has been designed to ensure that any reasonable accommodations granted will not result in impacts to coastal resources, either individually or cumulatively.

Before approval of the requested accommodation, it would be evaluated to determine whether it would require any fundamental change in the nature of a City program or laws, including the LCP. These types of measures are consistent with the way in which other cities and counties have addressed Coastal Act concerns when addressing reasonable accommodations, and consistent with language typically certified by the Coastal Commission for this purpose.

Next Steps
The attached reasonable accommodation ordinance has been discussed at several meetings and recommended by the Planning Commission for adoption by the City Council. It has also been reviewed by the City Attorney and Coastal Commission staff. Based on Coastal Commission staff comments, language was added to § 17.58.020.B.2 that all other permit requirements apply. City staff plan to submit this ordinance amendment to the Coastal Commission along with the housing related zoning amendment just discussed as part of one LCP amendment application, which will also include the City’s already codified zoning ordinance, so the numbering matches the certified LCP.

Staff Recommended Action
Approve the first reading of the reasonable accommodation ordinance.

Attachments
Reasonable Accommodation Ordinance No. 2023-02 (8 pages) Reasonable Accommodation Ordinance
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City of Trinidad PC Recommended and Attorney Reviewed April 2023

TRINIDAD CITY HALL CHERYL KELLY, MAYOR
P.O. BOX 390 GABRIEL ADAMS, CITY CLERK
409 Trinity Street
Trinidad, CA 95570
(707) 677-0223
ORDINANCE NO. 2023-02

AN ORDINANCE OF THE CITY OF TRINIDAD
AMMENDING CHAPTER 17.08 AND ADDING CHAPTER 17.58 – REASONABLE

ACCOMMODATIONS TO THE TRINIDAD MUNICIPAL CODE AND COASTAL

COMMISSION CERTIFIED ZONING ORDINANCE
WHEREAS, The Federal Fair Housing Amendments Act of 1988 and California’s Fair Employment and Housing Act prohibit discrimination against individuals with disabilities in housing and require that cities and counties take action to eliminate regulations and practices that deny housing opportunities to individuals with disabilities; and
WHEREAS, Fair housing laws require that cities and counties provide individuals with disabilities or developers of housing for people with disabilities flexibility in the application of land use and zoning and building regulations, practices and procedures; and
WHEREAS, California’s Housing element statute requires that local governments identify constraints to providing housing for individuals with disabilities and develop strategies for removing those constraints; and
WHEREAS, Government Code Section 65583(c)(3)- Housing Element Requirements states that where appropriate and legally possible, remove governmental and nongovernmental constraints to the maintenance, improvement, and development of housing, including housing for all income levels and housing for persons with disabilities.

WHEREAS, the required program(s) shall remove constraints to and provide reasonable accommodations for housing intended for occupancy by, or with supportive services for, persons with disabilities.

WHEREAS, the Trinidad General Plan Housing Element includes goals, policies and programs which require the inclusion of an addition Section of the City of Trinidad Municipal Code (TMC) to provide procedures for Reasonable Accommodations and remove constraints to, and provide reasonable accommodations for housing designed for, intended for occupancy by, or with supportive services for, persons with disabilities as follows in the Special Needs Housing Policies as follows:

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City of Trinidad PC Recommended and Attorney Reviewed April 2023 Goal HG-2: Provide for adequate housing for persons with special housing needs such as target income groups of low-income, the elderly, handicapped, and female-headed households.

Policy HP-2.2 Encourage provisions for access for the handicapped in new or rehabilitated residential and commercial developments by considering exceptions or revisions to City ordinances allowing more flexibility relating to zoning, density, reduced setbacks or other incentives to provide reasonable accommodation or improve living conditions of residents as long as coastal resources are still adequately protected.

WHEREAS, Housing Element Implementation Program HI-1 requires that the City develop and formalize a process that a person with disabilities will need to go through to make a reasonable accommodation request in order to accommodate the needs of persons with disabilities and streamline the permit review process.

NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF TRINIDAD DOES ORDAIN AS FOLLOWS:

Section 1. Amendment of Chapter 17.08
A new section 17.08.185 is hereby added to the Trinidad Municipal Code as follows:

17.08.185 Disability
"Disability" shall include physical disability, medical disability, and medical condition as defined in California Government Code Section 12926.

A new section 17.08.269 is hereby added to the Trinidad Municipal Code as follows:

17.08.269 Fair Housing Laws
"Fair housing laws" mean the "Fair Housing Amendments Act of 1988" (42 U.S.C.

Section 3601 et seq.), including reasonable accommodation required by 42 U.S.C.

Section 3604(f)(3)(B), and the "California Fair Employment and Housing Act" (California Government Code Section 12900 et seq.), including reasonable accommodations required specifically by California Government Code Sections 12927(c)(1) and 12955(I), as any of these statutory provisions now exist or may be amended.

A new section 17.08.555 is hereby added to the Trinidad Municipal Code as follows:

17.08.555 Reasonable Accommodation
"Reasonable accommodation" shall mean a modification in the application of land use or zoning regulations, policies, procedures, or practices when necessary to eliminate Reasonable Accommodation Ordinance
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City of Trinidad PC Recommended and Attorney Reviewed April 2023 barriers to housing opportunities for a person with a disability to have an equal opportunity to access a dwelling, including public and common use spaces within a residential complex.

A new section 17.08.780 is hereby added to the Trinidad Municipal Code as follows:

17.08.780 Zoning Administrator
“Zoning Administrator” shall mean a public official charged with administration, enforcement, and interpretation of the Trinidad zoning ordinance.

Section 2. Creation of Chapter 17.58 – Reasonable Accommodation A new Chapter 17.58 – Reasonable Accommodation is added to the Municipal Code as follows:

17.58.010 Purpose and Intent.

It is the policy of the City to provide individuals with disabilities reasonable accommodation in rules, policies, practices, and procedures to ensure the equal access to housing and facilitate the development of housing for individuals with disabilities in compliance with the California Fair Employment and Housing Act, the Federal Fair Housing Act, Section 504 of the Rehabilitation Act, and the Americans with Disabilities Act (referred to in this Section as the "Acts"). This Section provides a procedure for making requests for reasonable accommodations in land use, zoning and building regulations, policies, practices, and procedures of the City to comply fully with the purpose and intent of the Acts.

17.58.020 Applicability.

A. Eligible Applicants.

1. A request for reasonable accommodation may be made by any person with a disability, their representative, developer, or provider of housing for individuals with disabilities, when the application of a zoning law or other land use regulation, policy or practice acts as a barrier to fair housing opportunities for a person with a disability in accordance with the Acts.

2. A person with a disability is a person who has a physical or mental impairment that limits or substantially limits one or more major life activities, anyone who is regarded as having such impairment or anyone who has a record of such impairment, as those terms are defined in the Acts.

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City of Trinidad PC Recommended and Attorney Reviewed April 2023 B. Eligible Requests.

1. A request for reasonable accommodation may include a modification or exception to the rules, standards, and practices for the siting, development, and use of housing or housing-related facilities that would eliminate regulatory barriers and provide a person with a disability equal opportunity to housing of their choice.

2. A request for reasonable accommodation shall comply with the requirements of this Chapter. Reasonable Accommodation requests shall not require approval of a Variance, but other permit requirements shall apply, including a coastal development permit as applicable.

17.58.030 - Application Requirements
A. A request for reasonable accommodation shall be made on a form supplied by the City of Trinidad. The request shall include the following:

1. Payment of the fee established by resolution of the city council.

2. The applicant’s or representative’s name, mailing address and daytime phone number.

3. The address of the property for which the request is being made.

4. A site plan or illustrative drawing showing the proposed accommodation.

5. The specific code section, regulation, procedure or policy of the city from which relief is sought.

6. An explanation of why the specified code section, regulation, procedure or policy is preventing, or will prevent, the applicant’s use and enjoyment of the subject property.

7. The basis for the claim that the Acts apply to the individual(s) and evidence satisfactory to the city supporting the claim. Evidence may include a letter from a medical doctor or other licensed health care professional, a disabled license, or any other relevant evidence.

8. A detailed explanation as to why the accommodation is reasonable and necessary to afford the applicant an equal opportunity to use and enjoy a dwelling in the city.

9. Other information required by the city to make the findings required by subsection 17.58.050 of this section consistent with the Acts.

B. A request for reasonable accommodation may be filed at any time the accommodation is deemed to be necessary to ensure equal access to housing. If the project for which the request for reasonable accommodation is being made also requires discretionary approval (e.g. design review, coastal development permit, Reasonable Accommodation Ordinance
p. 5
City of Trinidad PC Recommended and Attorney Reviewed April 2023 etc.), the applicant shall provide the information required in Subsection A above together with the application for discretionary approval and shall pay all applicable fees. These materials shall enable the city to concurrently review the accommodation request and the discretionary approval request. Processing procedures for the discretionary approval request shall govern joint processing of both the reasonable accommodation and the discretionary permit.

C. Reasonable accommodation does not affect or negate an individual’s obligations to comply with other applicable regulations not at issue or related to the requested accommodation.

D. If an individual needs assistance in making the request for reasonable accommodation, the city shall provide assistance to ensure the process is accessible.

E. To the extent permitted by law, any information identified by an applicant as confidential shall be retained in a manner so as to respect the privacy rights of the applicant and shall not be made available for public inspection.

17.58.040 – Review Authority
A. A request for reasonable accommodation shall be reviewed, and a determination shall be made, by the Zoning Administrator if no approval is sought other than the request for reasonable accommodation.

B. A request for reasonable accommodation submitted for concurrent review with another discretionary land use application shall be reviewed and determined by the authority reviewing the discretionary land use application.

17.58.050 – Findings
Written determination to grant or deny a request for reasonable accommodation shall be consistent with applicable federal and state law and based on consideration of the following findings:

A. The housing which is the subject of the request for reasonable accommodation will be occupied by an individual with disabilities protected under the Acts.

B. The requested accommodation is reasonable and necessary to make housing available to an individual with disabilities protected under the Acts.

C. The requested accommodation will not, under the circumstances of the particular case, materially adversely affect the health or safety of persons residing or working in the neighborhood of the subject property or be materially detrimental to the public welfare or injurious to property or improvements in the area.

Reasonable Accommodation Ordinance
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City of Trinidad PC Recommended and Attorney Reviewed April 2023 D. There are no reasonable alternatives that would comply with applicable land use or zoning regulations, policies, procedures or practices that would provide an equivalent level of benefit to the disabled individual(s).

E. The reasonable accommodation will be constructed in a manner that is architecturally compatible with the subject property to the maximum extent feasible.

F. The requested accommodation will not impose an undue financial or administrative burden on the city, as defined in the Acts and interpretive case law.

G. The requested accommodation will not impede implementation of or require fundamental alteration of any City program, policy, or law, including but not limited to the general plan, zoning or building laws, and the Local Coastal Program.

H. The requested accommodation will not have significant adverse impacts on coastal resources.

17.58.060 – Decision
A. It is the intent of this chapter that application review, decision making, and appeals proceed expeditiously, especially where the request is time sensitive, so as to reduce impediments to equal access to housing.

B. If no discretionary permit is associated with the reasonable accommodation request, the Zoning Administrator shall consider the application and issue a written determination within 45 calendar days of the date of receipt of a completed application. If a discretionary permit is associated with the request, the written determination will be issued within 7 calendar days of the end of the appeal period of the discretionary permit.

C. The review authority’s written decision shall include findings and conditions of approval. The applicant shall be given notice of the right to appeal, and the right to request reasonable accommodation related to the appeal process. The review authority’s decision shall be mailed to the applicant, to any person who provided written or verbal comment on the application, and to any other person who requests notice.

D. In granting a request for reasonable accommodation, the reviewing authority may impose reasonable conditions of approval necessary to ensure that the required findings can be met.

E. Reasonable accommodations shall be granted to individual residents and shall not run with the land unless it is determined that (1) the modification is physically integrated into the dwelling unit and cannot be readily removed or altered to comply with applicable codes; or (2) the accommodation will be utilized by another disabled person. Any change in use or circumstances that negates the basis for the grant of approval may render the reasonable accommodation null and void and/or revocable by the city. Thereafter the Zoning Administrator may require the Reasonable Accommodation Ordinance
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City of Trinidad PC Recommended and Attorney Reviewed April 2023 reasonable accommodation to be removed or substantially conformed to the code if reasonably feasible.

F. Any nonconformity with land use or zoning regulations, policies, procedures, or practices which may be created as a result of approval of a reasonable accommodation request shall not be a basis for future development or redevelopment in reliance on that nonconformity.

17.58.070 - Appeal.

The written decision of the review authority shall be final unless appealed in compliance with Section 17.72.100 – Appeals.

17.58.080 – Notice to the Public
The city shall provide notice advising those with disabilities or their representatives that reasonable accommodations are available in accordance with this chapter whenever requested to do so or if they reasonably believe individuals with disabilities or their representatives may be entitled to reasonable accommodation. Notice shall also be provided with application forms for planning or building permits.

Section 3 Severability.

If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this Ordinance, or its application to any person or circumstance, is for any reason held to be invalid or unenforceable, such invalidity or unenforceability shall not affect the validity or enforceability of the remaining sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases of this Ordinance, or its application to any person or circumstance. The City Council of the City of Trinidad hereby declares that it would have adopted each section, subsection subdivision paragraph, sentence, clause or phrase hereof, irrespective of the fact that any one or more other sections, subsections subdivisions paragraphs, sentences, clauses or phrases hereof be declared invalid or unenforceable.

Section 4 Environmental Compliance
The City of Trinidad finds that this Ordinance is exempt from the California Environmental Quality Act pursuant to CEQA Guidelines Section 15251(f) statutorily exempting activities involving the preparation, approval, and certification of Local Coastal Programs.

Reasonable Accommodation Ordinance
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City of Trinidad PC Recommended and Attorney Reviewed April 2023 PASSED AND ADOPTED by the City Council of the City of Trinidad, State of California, on Tuesday, May 9, 2023, by the following vote:

AYES:

NAYS:

ABSENT:

ABSTAIN:

Attest:

Gabriel Adams Cheryl Kelly
Trinidad City Clerk Mayor
First Reading of Ordinance 2023-02: Tuesday, May 9, 2023 Second Reading of Ordinance 2023-02: Tuesday, June 13, 2023 DISCUSSION AGENDA ITEM 4

SUPPORTING DOCUMENTATION ATTACHED

4. Discussion/Decision to Direct Staff to Begin Recruitment to Fill the Public Representative Vacancy on the Trinidad Trails Committee.

DISCUSSION AGENDA ITEM
Tuesday, May 09, 2023
Item: Discussion/Decision to Direct Staff to Begin Recruitment to Fill the Public Representative Vacancy on the Trinidad Trails Committee.

Background: On February 21, 2023, resident Anita Thompson resigned from the Trails Committee (see attached letter of resignation).

Visitor Services/Business Community representative from the Trinidad Coastal Land Trust has changed hands from Carol Van Der Meer to Zoe Zigler.

The Trails Committee is now currently operating without 1 member; (1) General Public Representative.

The Committee Membership currently consists of:
(1) City Councilmember (Committee Chair) Jack West
(1) Planning Commission liaison Aaron Hakenen (or Tom Hopkins?) (2) General Public representatives Anita Thompson / Tim Needham (1) Tribal representative of the Yurok Tribe Frankie Myers (1) Tribal representative of the Trinidad Rancheria Shirley Laos (1) Tribal representative of the Tsurai Ancestral Society Kelly Lindgren (1) Visitor Services/Business Community representative Carol Van Der Meer With inconsistent attendance from all members of the committee and concerns regarding achieving a quorum of voting members to move decisions along, this is an opportunity to announce the recruitment timeline for the General Public Representative and reaffirm current all representatives.

Side note: The latest, revised version of the Resolution 2019-13 establishing the Trails Advisory Committee calls for members holding “staggered two-year terms” (See No.4, Terms of Office).

Considering periodic difficulties of maintaining full attendance and full-membership, this condition may need further discussion in the near future. The term “staggered” may need clarification as it relates to each member.

Recommended Action:

Attachments: - Letter of Resignation – Thompson
- Resolution 2019-13, Establishing the Trails Advisory Committee -
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Subject: Letter of Resignation
From: Anita Thompson <[email protected]>
Date: Tue, Feb 21, 2023 11:50 am
To:

Jack West <[email protected]>, Cheryl Kelly <[email protected]>, Steve Ladwig <[email protected]>, Jack Tuttle <[email protected]>, "[email protected]" <[email protected]>
Cc: Eli Naffah <[email protected]>, Trinidad City Clerk <[email protected]> Copyright © 2003-2023. All rights reserved.

Anita Thompson
PO Box 585
Trinidad, CA
February 21, 2023
Dear City Council:

The purpose of this letter is to resign, for personal reasons, from the Trails Committee effective February 21, 2023.

I want to express my appreciation for the opportunity to serve on the Trails Committee over the past year, and I wish the best to the committee going forward.

Sincerely,
Anita Thompson
TRINIDAD CITY HALL Cheryl Kelly, Mayor
P.O. Box 390 Gabriel Adams, City Clerk
409 Trinity Street
Trinidad, CA 95570
(707) 677-0223

TRINIDAD TRAILS ADVISORY COMMITTEE
ONE (1) VACANCY

GENERAL PUBLIC REPRESENTATIVE
The City of Trinidad is searching for volunteers to fill one vacancy on the Trinidad Trails Committee to serve in an advisory capacity to the Council, Commissions, or City Staff as appropriate, in matters relating to or affecting trails in the City of Trinidad; including
• To make recommendations to City Staff on the management, maintenance, and repair of trails in the City of Trinidad.
• To make recommendations during the environmental review process on projects that may involve or affect trails in the City of Trinidad; and
• To provide a forum for community engagement, outreach, and education regarding trails.

MINIMUM QUALIFICATIONS for General Public Representative:
• The position open was left vacant by a General Public representative. • Must reside within the City of Trinidad limits.
• Must act as the liaison between the Public and the Trails Committee.

COMMITTEE COMPOSITION & MEETINGS:

Meetings are held monthly, open to the public, and noticed in accordance with the Brown Act and City regulations.

Membership of the Trails committee shall be appointed by the City Council, and is composed of the following representatives:
• (1) City Councilmember (Committee Chair)
• (1) Planning Commission liaison
• (2) General Public representatives
• (1) Tribal representative of the Yurok Tribe
• (1) Tribal representative of the Trinidad Rancheria
• (1) Visitor Services/Business Community representative The Public Works Director, or his designee, shall serve as primary staff liaison to the Trails Committee.

If you’d like to be considered for this committee, please send a very brief letter of interest to the City of Trinidad at the contact information below. Make sure your letter includes your name, address, telephone number so we’re able to contact you.

Deadline is Friday, May 19, 2023, 2:00pm
Mail to: City of Trinidad, P.O. Box 390, Trinidad, CA, 95570 Deliver to: 409 Trinity Street, Trinidad, CA 95570
Email to: [email protected]
DISCUSSION AGENDA ITEM 5

NO SUPPORTING DOCUMENTATION ATTACHED

5. Discussion/Update regarding Temporary Closure of the Axel Lindgren Memorial and Parker Creek Trail Beach Access to Old Home Beach.

DISCUSSION AGENDA ITEM 6

SUPPORTING DOCUMENTATION ATTACHED

6. Presentation/Update regarding the FY2023 Budget and Upcoming FY2024 Budget Preparation Timeline.