Agenda packet, regular meeting — Trinidad City Council, February 13, 2024 (part 1 of 2)

City Council Meeting Agenda: 02-13-2024 Page 1
Posted: Friday, February 09, 2024

NOTICE AND CALL OF A REGULAR MEETING OF THE

TRINIDAD CITY COUNCIL
The Trinidad City Council will hold a regular meeting on TUESDAY, FEBRUARY 13, 2024, 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: 858 8393 9981 Passcode: 621393 PLEASE NOTE that live meeting logistics will be prioritized. Connectivity issues on the part of the City may result in the meeting being delayed or rescheduled but technical challenges experienced by individuals will not interrupt or halt progress of the meeting.

I. CALL TO ORDER
II. PLEDGE OF ALLEGIANCE
III. CLOSED SESSION – No closed session
IV. RECONVENE TO OPEN SESSION
V. APPROVAL OF AGENDA
VI. APPROVAL OF MINUTES – 01-09-2024 cc, 01-23-2024 ccpcstr VII. COUNCIL REPORTS/COMMITTEE ASSIGNMENTS
VIII. STAFF REPORTS – City Manager & Humboldt County Sheriff Dept.

IX. 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.

X. 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 – January 2024

2. Financial Statements – December 2023

3. Law Enforcement Report – January 2024.

City Council Meeting Agenda: 02-13-2024 Page 2

4. Second Reading of Ordinance 2024-01; Updating the CA Coastal Commission certified version of the City of Trinidad Zoning Ordinance, Title 17 of the Trinidad Municipal Code for consistency with the codified version of the Zoning Ordinance and reaffirming and correcting previous amendments that were not submitted to the Coastal Commission for certification.

5. Second Reading of Ordinance 2024-02; Correcting and reaffirming codification of the City of Trinidad Zoning Ordinance

6. Authorization to Award Construction Contract for HSIP Cycle 10 Project HSIPSL-5036(016) to RAO Construction Co, Inc.

DISCUSSION/ACTION AGENDA ITEMS

1. Discussion/Decision regarding Resolution Honoring Volunteer Fire Chief Tom Marquette for 30 years of service, and Introducing new TVFD Fire Chief Shawn Worth.

2. Discussion/Decision regarding Appointment Confirmation of Elizabeth Hinojosa from the Trinidad Coastal Land Trust to fill the Vacant Seat on the Trinidad Trails Committee.

3. Discussion/Decision regarding Letter of Support for Trinidad Rancheria RAISE Grant for the 101 Trinidad Area Access Improvement Project.

4. Stormwater Project Recap

5. Continued Discussion/Decision regarding the Preliminary Draft Accessory Dwelling Unit Ordinance.

6. Consider Update of City Dog Ordinance.

7. Telephone Carrier of Last Resort Obligation (AT&T Landlines)

8. Introduction/Presentation of the 2024 General Election Year Calendar.

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

JANUARY 09, 2024 CC
JANUARY 23, 2024 CCPCSTR
Supporting Documentation follows with: 0 PAGES
MINUTES WILL BE PRESENTED FOR REVIEW AT THE MARCH 12
MEETING.

CONSENT AGENDA ITEM 1

SUPPORTING DOCUMENTATION ATTACHED

1. Staff Activity Report – January 2024
City Manager’s Report February 13, 2024 Meeting
Upcoming Holiday:

City Hall offices will be closed for the following day:
• February 19th for President’s Day
Water Plant Operations:

The Water Plant is experiencing high turbidity again from the frequent rains. Staff continues to backwash the filters more often to keep the drinking water free of debris from Luffenholtz Creek. The Mercer-Fraser Company was the low bidder for the Water Tank and Pipeline Project which will take place this year and further improve the city’s water system.

Trinidad Coastal Resilience Plan:

The next public meeting for the Trinidad Coastal Resilience Plan is scheduled for March 7th from 6:00-8:00 pm at the Town Hall. The public is encouraged to attend and weigh in on the planning process to address strategies for and vulnerabilities of the Coast.

CPUC and AT&T:

An agenda item has been added for this Council meeting to address the request by AT&T to the California Public Utilities Commission (CPUC). They are requesting to be relieved of the obligation to provide telephone service (landlines) to the areas that they serve throughout California which will impact Trinidad. Landlines are essential to those that do not have cell phones, in the case of emergencies, and for the operation of our water plant and alarm systems. The CPUC will hold a virtual public forum on March 19th at 2pm and 6pm. The public can phone-in comments during the forum. More information is available on the CPUC website and in this City Council February packet.

TOT and STR’s:

The Tourist Occupancy Tax (TOT) revenue for the 2nd fiscal quarter (October-December 2023) is $38,190.96 compared to the $28,042.29 received during the same quarter in 2022. 28 of the 29 Short-Term Rentals (STR’s) have been inspected and licenses issued. The 24-hour emergency contact list for STR’s has been mailed to all city residents.

STAFF REPORT SUPPLEMENTAL
Date: Tuesday, February 13, 2024
Background Info: 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 2020 199,348
July 2020 275,612 January 2021 161,379
July 2021 251,168 January 2022 189,201
July 2022 198,081 January 2023 154,543
July 2023 223,806 (16.37% Water Loss) January 2024 148,407 (23.67% 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
August 2023 265,808 (17.03% Water Loss) February 2023 136,626 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
September 2023 200,348 (15.99% Water Loss) March 2023 152,813 (21.58 Water Loss) October 2019 188,075 April 2019 160,185
October 2020 230,430 April 2020 199,450
October 2021 203,176 April 2021 192,287
October 2022 180,065 April 2022 173,115
October 2023 188,335 (22.08% Water Loss) April 2023 145,504 (20.19 Water Loss) November 2019 211,649 May 2019 236,444
November 2020 198,813 May 2020 183,368
November 2021 204,438 May 2021 242,529
November 2022 169,144 May 2022 154,634
November 2023 151,914 (22.06% Water Loss) May 2023 211,380 (23.13 Water Loss) December 2019 201,305 June 2019 219,764
December 2020 185,860 June 2020 240,055
December 2021 201,160 June 2021 269,087
December 2022 170,419 June 2022 233,692
December 2023 122,937 (27% Water Loss) June 2023 209,366 (13.63% Water Loss) Water sold in January hit a 5-year low. Relatively high water loss is being investigated. 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.

PUBLIC SCOPING MEETING
US 101 / TRINIDAD AREA ACCESS IMPROVEMENTS PROJECT
Tuesday February 20, 2024
5:30 to 7:30 p.m.

The Heights Casino – Bingo Hall
27 Scenic Drive, Trinidad
What is the Project?
The Cher-Ae Heights Indian Community of the Trinidad Rancheria (Trinidad Rancheria) proposes a range of improvements to US 101 and local roads to provide safe and sustainable access to Tribal lands and the surrounding communities along Scenic Drive.; The proposed project improvements include reconstruction of Scenic Drive to accommodate standard lane and shoulder widths and a pedestrian/bicycle path, improved connectivity to US 101 through reconstruction of the existing Trinidad-Main Street interchange or construction of a new interchange adjacent to the Rancheria, and construction of a pedestrian and bicycle path between Tribal lands on the east and west side of US 101.

Currently the project is in the environmental review and preliminary engineering process. Three preliminary alternatives, including two Build Alternatives and a No Build Alternative, are under consideration.

What is Public Scoping?
The Trinidad Rancheria, in collaboration with Caltrans, is engaging in a public scoping process to gather comments from the community, resource agencies, and stakeholders on the depth and breadth of issues that should be addressed in the environmental document. While prior public outreach efforts for the project have been informal and provided a valuable setting to engage with the Trinidad community, the public scoping process is a more formal process required under the California Environmental Quality Act (CEQA) Guidelines when an Environmental Impact Report (EIR) will be prepared for a project.

What Can I Expect at the Meeting?
The meeting will consist of a short presentation followed by a comment period. The presentation will provide an overview of the purpose and need for the project, preliminary alternatives, environmental process, and schedule. Following the presentation there will be an opportunity to submit public comments pertaining to the proposed project. Comments provided at the meeting will become part of the public record. There will also be the opportunity to submit written comments. Please note that due to the structure of the meeting there will be no question and answer period.

The meeting will be held in-person meeting and not hybrid. The Trinidad Rancheria has hired a professional videographer and will make the recording available for viewing following the meeting.

CONSENT AGENDA ITEM 2

SUPPORTING DOCUMENTATION ATTACHED

2. Financial Statements – December 2023

CONSENT AGENDA ITEM 3

SUPPORTING DOCUMENTATION ATTACHED

3. Law Enforcement Report – January 2024.

CONSENT AGENDA ITEM 4

SUPPORTING DOCUMENTATION ATTACHED

The codification process changes the numbering of the regulations as well as some of the verbiage and formatting. The changes that were made to the zoning ordinance as part of the codification process were never certified by the Coastal Commission. Therefore, the Coastal Commission does not recognize the City’s numbering of its ordinances. And so, in the past, such as with the STR ordinance, the City included both numbering systems in the new ordinance/amendment to allow for certification by the Coastal Commission.

The City has recently been working on several housing related zoning ordinance amendments. These amendments add and update quite a few definitions and various sections of the zoning ordinance. The use of two numbering systems was becoming unwieldy. This is particularly true for the definitions, which are unnumbered in an appendix to the original ordinance, leaving no easy way to refer to individual definitions.

Therefore, it was decided that the City should go ahead and get the codified version of the zoning ordinance certified by the Coastal Commission to facilitate current and planned amendments.

This version of the ordinance uses track changes to show the modifications that were made to the certified ordinance(s) as part of the codification process. These changes include corrections and minor updates made as part of the codification ordinance, which generally do not change the meaning or application of the regulations. Some of the modifications made in the codification process were reverted back to the original, certified version. Those are not shown in track change in Ordinance 2024-01 but are shown in Ordinance 2024-02. Several corrections and clarifications have been made to the codified ordinance as part of the next item, and those changes have been incorporated into this version for certification by the Coastal Commission. Note that deletions and insertions are made in red text with single underlines and strikethroughs. Moved text is shown in green with double underlines and strikethroughs.

The track changes also show language that was previously amended by City ordinance but never submitted to the Coastal Commission for certification. The City is reaffirming (and correcting) some of those amendments as part of the adoption of this ordinance to ensure that procedural requirements for a Local Coastal Program amendment are met. The uncertified ordinance changes are summarized below.

Ordinance 97-3 §1, 1997, added “professional civil engineer with expertise in soils or foundation engineering, or by a certified” between registered geologist or …. engineering geologist in the following sections: 17.16.060, 17.20.130, 17.28.090, 17.28.090, 17.32.090

Ordinance 2001-01, 2002
As some background, prior to ordinance 2001-01, the Design Assistance Committee (DAC), as defined in § 17.60.020, consisted of the Planning Commission plus one member of the City Council. However, in practice, decisions were made by the Planning Commission alone. The DAC as defined would have consisted of an even number of members, potentially resulting in tie votes. And should there be an appeal, the City Council member of the DAC would have to recuse themselves, leaving only four City Council members to vote on the appeal.
• Various sections of the ordinance replaced “design assistance committee” or “committee” with “planning commission” throughout the ordinance. However, Coastal Commission staff pointed out that the general plan, which is also certified as part of the LCP talks about the DAC as being responsible for design review. So, this change would have required a general plan amendment was well to maintain consistency. In addition, many communities have a separate DAC, and this way, the City Council will have the option of changing the make-up of the DAC in the future if desired.
• §5 also added “Unless modified by the planning commission as provided in Chapter 17.60 TMC,” to the minimum yard sections of the UR zone (§ 17.32.060), because the design review findings allow exceptions to setbacks in order to protect views as part of the design review process.
• §8 removed the definition of the design assistance committee (§ 17.60.020), but a new definition, defining the DAC as the Planning Commission, was added to Chapter 17.08 as part of the codification update ordinance. • §9 revised hearing notification to post for 10 days in three public places rather than in a newspaper 10 days prior to the hearing (§ 17.72.130.B) Ordinance 2004-04, 2004 (Nuisance Abatement Ordinance) modified §17.76.040 to more simply refer to the nuisance abatement procedures to resolve violations of the zoning ordinance.

Other updates and corrections include:
• The ordinance was reorganized from articles to chapters with new sections lists and headings and introductory phrases as part of the codification. Each zone was given its own chapter. And the regulations for nonconforming uses and structures and design review/view protection were also given their own chapters, as were the regulations for amendments and enforcement/penalties.
• Brought the language regarding conflicting regulations (§ 4.01 and § 7.22) into the general provisions chapter (17.04).
• Each definition from Appendix A (and definitions found elsewhere in the ordinance) were given their own sections in a new Chapter 17.08. • Deleted § 2.03, because there is no longer an Appendix A; all of those definitions have been incorporated into Chapter 17.08.
• Took the definitions of “City Council,” “planning commission,” and “hearings officer” out of the definition of “City” (§ 2.01) and gave them their own sections. • The definitions for STR and City Manager from the STR ordinance (§ 17.56.190) were brought into the definitions chapter (17.08), so they apply to the entire zoning ordinance.
• A definition for TMC (Trinidad Municipal Code) was added, since it was not defined anywhere, but used throughout the codified ordinance. • Added a new definition for Design Assistance Committee (DAC) in Chapter 17.08. • Updated the definition of “development” to be consistent with the Coastal Act (§

17.08.200)
• Capitalization was made consistent within and between the codified and certified ordinances.
• Several references to state laws and regulations (e.g. Public Resources Code) were updated.
• Changed SR to UR in § 17.32.090 as that is the correct reference for that chapter. • Corrected the code reference in § 17.56.070.E.3.
• Updated CA Dept. of Fish and Game to Fish and Wildlife in § 17.56.140. • Clarified code references in § 17.56.150 and added “Coastal” to differentiate “Commission” from the Trinidad Planning Commission.
• Updated § 17.56.160.A.7 to refer to STRs instead of VDUs and the correct section.

This subsection was added by the first VDU ordinance but was not updated in subsequent amendments.
• Updated § 17.56.180.B.9 same as above (STR v. VDU ordinance). • Changed “prevents” to “presents” in the last sentence of § 17.60.050.C. This was either a typo or an erroneous “correction” in the codification process. • Amended § 17.68.050 at the request of Coastal Commission staff. The Addition of “subject to certification by the Coastal Commission” is intended to prevent codification of uncertified ordinances as had happened in the past. And a sentence was deleted because there is no such process in the Coastal Act. • Added "Coastal Development Permit" to the list of permits in several sections (e.g. §§ 17.56.150, 17.72.020, 17.72.130, and more); the ordinance was written without a separate process for CDPs, because § 17.72.070.A.1 states that a CDP will be deemed to be issued upon approval of other types of permits. However, we have had situations come up where only a CDP is required. This issue will be further addressed in the comprehensive update.
• Added “Coastal” before “Commission” in § 17.72.140 to differentiate it from the Planning Commission.
• Changed city engineer to Building Inspector in § 17.76.020 as the more appropriate enforcement official.
• “Coastal Development Permits” were added to sections that referenced regulations that apply to several different permits (e.g. Variances, Use Permits, Design Review).

Attachments
Zoning Ordinance Certification Update Amendment
Recommended Action:

Approve the first reading of Ordinance 2024-01

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. 2024-01

AN ORDINANCE OF THE CITY OF TRINIDAD

UPDATING THE COASTAL COMMISSION CERTIFIED VERSION OF THE CITY OF TRINIDAD ZONING ORDINANCE (TITLE 17 OF THE TRINIDAD

MUNICIPAL CODE) FOR CONISTENCY WITH THE CODIFIED VERSION

OF THE ZONING ORDINANCE AND REAFFIRMING AND CORRECTING
AMENDMENTS THERETO MADE PRIOR TO 2023 THAT WERE NOT

SUBMITTED TO THE CALIFORNIA COASTAL COMMISSION FOR

CERTIFICATION
Section 1. Amendment of Title 17 of the Trinidad Municipal Code Title 17 shall be amended to read as follows:

ZONING ORDINANCE
of the

CITY OF TRINIDAD

TRINIDAD ZONING ORDINANCE

TABLE OF CONTENTS
Article 1. Adoption, Title, Purpose and General Conformity Section1.01 Adoption ..........................................................................................1

1.02 Title ..................................................................................................1

1.03 Purpose .............................................................................................1

1.04 General Plan conformity ..................................................................1 Article 2. Definition
Section2.01 City, City Council, etc. .....................................................................2

2.02 Meaning of certain words ................................................................2

2.03 Certain definitions ............................................................................2 Article 3. Establishment and Designation of Zones
Section3.01 Use requirements .............................................................................2

3.02 Principal and combining zones ........................................................2

3.03 Location and boundaries of zones....................................................2

3.04 Zoning map ......................................................................................2

3.05 Determining uncertain boundaries ...................................................2

3.06 Limitations on structures and lots ....................................................3

3.07 Zoning of annexed property .............................................................3 Article 4. Regulations for Principal Zones
Section4.01 Conflict of regulations .....................................................................3

4.02 Open space or OS zone ....................................................................4

4.03 Special environment or SE zone ......................................................5

4.04 Resource production or RP zone ......................................................9

4.05 Suburban residential or SR zone ......................................................9

4.06 Urban residential or UR zone ........................................................ 11

4.07 Planned development or PD zone ..................................................12

4.08 Visitor services or VS zone ............................................................14

4.09 Commercial or C zone ...................................................................14

4.10 Public and Religious or PR zone ...................................................15 Article 5. Regulations for the Combining Zones
Section5.01 General provisions .........................................................................16

5.02 Special building site combining or -B zone ...................................16

5.03 Mobilehome combining or MH zone .............................................16 Article 6. General Provisions and Exceptions
Section6.01 Applicability ..................................................................................16

6.02 Accessory uses ...............................................................................17

6.03 Vehicle and other storage ...............................................................17

6.04 Animals ..........................................................................................17

6.05 Assemblages of persons and vehicles ............................................17

6.06 Home occupations ..........................................................................17

6.07 Mobile buildings ............................................................................18

6.08 Access to public road .....................................................................18

6.09 Accessory structures ......................................................................18

6.10 Height limitations and modifications .............................................19

6.11 Yards, fences, walls and hedges .....................................................19

6.12 Swimming pools ............................................................................19

6.13 Shoreline protection and alteration ................................................20

6.14 Rare plants .....................................................................................20

6.15 Public access to the shoreline ........................................................20

6.16 Signs ...............................................................................................22

6.17 Landscaping and screening ............................................................23

6.18 Parking and loading facilities .........................................................23

6.19 Design Review and view preservation regulations ........................25

6.20 Non-conforming uses and structures .............................................28

6.21 Non-conforming lots ......................................................................28

6.22 Non-conforming RV and mobilehome uses and parks ..................28

6.23 Non-conforming off-street parking ................................................29

6.24 Underground utilities .....................................................................29

6.25 Land acquisition by public agency ................................................30 Article 7. Procedures and Administration
Section7.01 Amendments to Zoning Ordinance ................................................30

7.02 Initiation of amendments ...............................................................30

7.03 Amendment procedures .................................................................30

7.04 Notification requirements for amendments ...................................31

7.05 Effective date of amendments and incorporation in Coastal program...........................................................................................................31

7.06 Initiation, application, fees and procedures for variances, conditional use permits and design review .........................................................32

7.07 Required hearings ..........................................................................32

7.08 Variance findings ...........................................................................32

7.09 Conditional use permit findings .....................................................33

7.10 Conditions ......................................................................................35

7.11 Effective dates of variances, conditional use permits and design review .............................................................................................................35

7.12 Coastal development permits .........................................................35

7.13 Revocation of variances, conditional use permits and design review .............................................................................................................37

7.14 Appeals ..........................................................................................38

7.15 Application form ............................................................................39

7.16 Application fees .............................................................................39

7.17 Hearing notification .......................................................................40

7.175 Notice of final decision ..................................................................41

7.18 Costs of notification to interested persons .....................................41

7.19 Responsibility for enforcement ......................................................41

7.20 Penalties .........................................................................................42

7.21 Public nuisance ..............................................................................42

7.22 Conflict with other regulations and private agreements ................42

7.23 Effect on previously issued permits ...............................................42 Appendix A. Supplementary Definitions .............................................................................. 43-49

Title 17
ZONING
Chapters:

17.04 General Provisions

17.08 Definitions

17.12 Establishment and Designation of Zones

17.16 Open Space or OS Zone

17.20 Special Environment or SE Zone

17.24 Resource Production or RP Zone

17.28 Suburban Residential or SR Zone

17.32 Urban Residential or UR Zone

17.36 Planned Development or PD Zone

17.40 Visitor Services or VS Zone

17.44 Commercial or C Zone

17.48 Public and Religious or PR Zone

17.52 Combining Zones and MH Zone

17.56 Specific Use Regulations

17.60 Design Review and View Preservation

17.64 Nonconforming Uses and Structures

17.68 Amendments

17.72 Variances, Conditional Use Permits and Design Review

17.76 Enforcement – Violation – Penalties
Chapter 17.04

GENERAL PROVISIONS
Sections:

17.04.010 Adoption.

17.04.020 Short title.

17.04.030 Purpose.

17.04.040 Conformity with General Plan.

17.04.050 Conflict of regulations.

Article 1. Adoption, Title, Purpose and General Plan Conformity

17.04.010Sec. 1.01 Adoption.

A. There is hereby adopted a zoning ordinance forof the City of Trinidad, State of California, as provided by Title Seven7 of the Government Code of the State of California. Theis ordinance codified in this title constitutes a precise plan for the use of land in conformity with the Ggeneral Pplan and Ggeneral Pplan standards.

B. The provisions of this ordinance title shall apply to all lands and waters and all owners of lands and waters within all the incorporated areas of the City of Trinidad.

17.04.020Sec. 1.02 TitleShort title.

This ordinancetitle shall be known and cited as the “Zoning Ordinance of the City of Trinidad.”

17.04.030Sec. 1.03 Purpose.

This ordinancetitle is adopted to promote and protect the public health, safety, peace, comfort, convenience and general welfare, to provide a plan for sound and orderly development and to ensure social and economic stability within the various zones hereby established. In addition, it is the purpose of this ordinance title to implement the policies and programs of the Trinidad General Plan.

17.04.040Sec. 1.04 General Plan Conformity with the General Plan.

The Trinidad Zoning OrdinanceThis title is based on, and is intended to be consistent with, the policies, programs and land use designations of the Trinidad General Plan. If the Trinidad General Plan is amended and is no longer consistent with this ordinance, the Zoning Ordinancetitle, this title shall be amended so it is consistent with the Trinidad Ggeneral Pplan as amended. Any amendments to the Zoning Ordinancethis title adopted by the City Council shall be consistent with the policies, programs and land use designations of the Trinidad General Plan.

17.04.050Sec. 4.01 Conflict of rRegulations
A. In addition to the regulations specified in this articleChapters 17.16 through 17.48 of this title for each of the principal zones, the general regulations set forth in Article 6Chapters 17.56 through 17.64 TMC shall be applicable to each and every such zone. In the event of conflict between the particular regulations set forth in this articletitle and the general regulations set forth in Article 6Chapters 17.56 through 17.64 TMC, the general regulations of Article 6Chapters 17.56 through 17.64 TMC shall apply.

Sec. 7.22 Conflict with other regulations and private agreements.

B. Where conflict occurs between the provisions of this ordinancetitle and the Bbuilding Ccode or other regulations effective within the Ccity, the more restrictive of any such regulations shall apply. It is not intended that this title shall interfere with or abrogate or annul any easements, covenants, or other agreements not in effect, provided, however, that where this ordinancetitle imposes a greater restriction upon the use of buildings or premises than are imposed or required by such agreements, the provisions of this ordinancetitle shall control.

Article 2. Definitions
Chapter 17.08

DEFINITIONS
Sections:

17.08.010 Meaning of certain words.

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.

17.08.110 City Clerk.

17.08.112 City Council

17.08.114 City Manager

17.08.120 Coastal Commission.

17.08.130 Coastal Ddevelopment Ppermit.

17.08.140 Coastal Zone.

17.08.150 Condominium.

17.08.160 Day care center.

17.08.170 DBH.

17.08.180 Density.

17.08.182 Design Assistance Committee

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

17.08.270 Family.

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.

17.08.345 Hearings Officer

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.

17.08.460 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.

17.08.535 Parking lot, public.

17.08.540 Person.

17.08.545 Planning Commission

17.08.550 Public works project.

17.08.560 Recreation, commercial.

17.08.570 Recreational vehicle or RV.

17.08.580 Rest home.

17.08.590 Servants’ quarters.

17.08.600 Services, personal and professional.

17.08.605 Short Term Rental (STR)

17.08.610 Sign.

17.08.620 Sign, freestanding.

17.08.630 Sign, off-premises.

17.08.650 Sign, on-premises.

17.08.660 Story.

17.08.670 Street.

17.08.680 Structure.

17.08.690 Structure, accessory.

17.08.696 TMC

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.

Sec. 2.01. City, City Council, etc.
“City” means the City of Trinidad; “city council” shall mean the city council of Trinidad; “planning commission” shall mean the planning commission of the City of Trinidad or a Hearings Officer appointed by the City Council if said officer is acting in the Commission’s stead. “Design assistance committee” shall mean the design assistance committee of the City of Trinidad, “building inspector” shall mean the building inspector of the City of Trinidad, “city clerk” shall mean the city clerk of the City of Trinidad.

Sec. 2.02. 17.08.010 Meaning of cCertain wWords
Unless the context otherwise requires, the definitions set forth or otherwise provided for in this articlechapter shall be used in the interpretation and construction of this ordiancetitle. Words used in the present tense include the future; the singular number shall include the plural, and the plural the singular; the word “building” shall include the word “structure,” and the word “shall” is mandatory.

Sec. 2.03. Other Definitions
The definitions included in Appendix A of this ordinance shall constitute supplementary definitions to be used in the interpretation and construction of this ordinance.title.

17.08.020 Advertising aArea.

The“Advertising area” means the total number of square feet within the boundaries of a parallelogram or triangle which encloses the message, word, symbol, design, picture or visual medium visible on the surface of any sign. For signs where the letters of a word are each located on separate surfaces facing in the same direction the advertising area shall be the total number of square feet within the boundary of separate parallelograms enclosing each letter.

Where a sign includes surfaces facing in different directions the advertising area shall be the largest total of advertising area visible from any one direction and in the case of a cylindrical and spherical shaped sign the advertising area shall be the largest cross-section thereof.

17.08.030 Aggrieved pPerson.

Any“Aggrieved person” means any person who, in person or through a representative, appears at a public hearing of the City of Trinidad in connection with the decision or action appealed, or who, by other appropriate means prior to a hearing, informs the City of Trinidad of the nature of his concerns or who for good cause is unable to do either. “Aggrieved person” includes the applicant for a permit.

17.08.040 Agriculture.

The“Agriculture” means the tilling of the soil, the raising of crops, horticulture, vitaculture, small livestock farming, dairying, and/or animal husbandry, including all uses customarily incidental thereto but not including slaughter housesslaughterhouses, fertilizer yards, bone yards, or plants for the reduction of animal matter or any other industrial use which is similarly objectionable because of noise, odor, smoke, dust, or fumes.

17.08.050 Bluff.

A“Bluff” means a scarp or steep face of rock, decomposed rock, sediment or soil resulting from erosion, faulting, folding or excavation of the land mass. The bluff may be simple planar or curved surface or it may be steplike in section. For the purposes of this ordinancetitle, “bluff” is limited to those features having vertical relief of ten10 feet or more. “Bluff edge” is the upper termination of a bluff. When the top edge of the bluff is rounded away from the face of the bluff as a result of erosional processes related to the presence of the steep bluff face, the edge shall be defined as that point nearest the bluff beyond which the downward gradient of the land surface increases more or less continuously until it reaches the general gradient of the bluff. In a case where there is a steplike feature at the top of the bluff face, the landward edge of the topmost riser shall be taken to the bluff edge.

17.08.060 Building.

Any“Building” means any structure having a roof supported by columns and/or by walls and intended for the shelter, housing and/or enclosure of any person, animal, or chattel. When any portion thereof is completely separated from every other portion thereof by a masonry division or fire wall without any window, door or other opening therein, which wall extends from the ground to the upper surface of the roof at every point, then each portion shall be deemed to be a separate building.

17.08.070 Building, aAccessory.

A“Accessory building” means a subordinate building, the use of which is incidental to that of a main building on the same lot. On any lot upon which is located a dwelling, any building which is incidental to the conducting of any agricultural use shall be deemed an accessory building.

2.0117.08.080 Building Inspector.
“Bbuilding Iinspector” means the Bbuilding Iinspector of the Ccity of Trinidad.

17.08.090 Campground.

A“Campground” means a lot on which two or more recreational vehicles or tents are parked or located and used for sleeping or eating purposes.

2.0117.08.100 City.
“City” means the City of Trinidad.

2.0117.08.110 City Clerk.
“Ccity Cclerk” means the Ccity Cclerk of the Ccity of Trinidad.

2.0117.08.112 City Council
“Ccity Ccouncil” means the Ccity Ccouncil of the City of Trinidad.

17.08.1141. City Manager
“City Manager” means the City Manager of the City of Trinidad or their designee.

17.08.120 Coastal Commission.
“Coastal Commission” means the California Coastal Commission as established in the California Coastal Act of 1976.

17.08.130 Coastal Development Permit.
“Coastal Development Permit” means a permit for any development within the Coastal Zone that is required pursuant to Section 30600(a) of the California Coastal Act of 1976.

17.08.140 Coastal Zone.

That“Coastal Zone” means that land and water area of the State of California in the city limits of the City of Trinidad, specified on the maps identified and set forth in Section 17 of the California Coastal Act of 1976.

17.08.150 Condominium.

An“Condominium” means an estate in real property consisting of an undivided interest in common in a portion of a parcel of real property together with a separate interest in a space in a residential, industrial or commercial building on such real property, such as an apartment, office, or store. A condominium may include, in addition, a separate interest in other portions of such real property.

17.08.160 Day cCare cCenter.

Any“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 sState of California and local requirements and shall not accommodate more than five (5) children.

17.08.170 DBH.

The“DBH” means the diameter at breast height of a tree as computed by a licensed forester.

17.08.180 Density.

The“Density” means the total number of square feet in a lot divided by the number of dwelling units located on the lot.

2.0117.08.182 Design Assistance Committee
“Design Aassistance Ccommittee” or DAC shall mean the design assistance committee of the cCity of Trinidad. The DAC shall consist of the Planning Commission or an alternative committee consisting of no fewer than three residents of the City if appointed by majority vote of the City Council.;.

17.08.200 Development.

On“Development” means on land, in or under water, the placement or erection of any solid material or structure; discharge or disposal of any dredged material or of any gaseous, liquid, solid, or thermal waste; removing, dredging, mining, or extraction of any materials; change in the density or intensity of use of land, including, but not limited to, subdivision pursuant to the Subdivision Map Act (commencing with Section 66410 of the Government Code), and any other division of land, including lot splits, except where the land division is brought about in connection with the purchase of such land by a public agency for public recreational use; change in the intensity of use of water, or of access thereto; construction, reconstruction, demolition, or alteration of the size of any structure, including any facility of any private, public, or municipal utility; and the removal or harvesting of major vegetation other than for agricultural purposes, kelp harvesting, and timber operations which are in accordance with a timber harvesting plan submitted pursuant to the provisions of the Z’berg-Nejedly Forest Practice Act of 1973 (commencing with Section 4511) , or as currently defined in Public Resources Code Section 30106.

17.08.210 Duplex.

A“Duplex” means a freestanding building designed for and/or occupied by two families living independently of each other and with individual and separate cooking facilities.

17.08.220 Dwelling, mMulti-Ffamily.

A“Multifamily dwelling” means a building or portion thereof used and/or designed as a residence for three or more families living independently of each other, and doing their own cooking in said building, including apartment houses, but not including transient accommodations.

17.08.230 Dwelling, sSingle-fFamily.

A“Single-family dwelling” means a freestanding building designed for and/or occupied exclusively by one family to include mobilehomes on a foundation which conform to the National Mobile Home Construction and Safety Standards Act of 1974 and Chapter 29 of the UBC, 1979 Edition.

17.08.240 Dwelling, tTownhouse.

A“Townhouse dwelling” means a dwelling unit with a ground level story located in a building which includes two or more such dwelling units and each dwelling unit, together with the underlying lot, is owned separately from any other dwelling unit and lot.

17.08.250 Dwelling uUnit.

One“Dwelling unit” means one room, or a suite of two (2) or more rooms in a building designed for, intended for, or used by one family, which family lives, sleeps and cooks therein and which unit has one kitchen or kitchenette.

17.08.260 Emergency.
“Emergency” means a sudden, unexpected occurrence demanding immediate action to prevent or mitigate loss or damage to life, health, property or essential public services.

17.08.265 Emergency sShelter.
“Emergency shelter” means housing with minimal supportive services for homeless persons that is limited to occupancy of six months of less by a homeless person. No individual or household may be denied emergency shelter because of an inability to pay.

17.08.270 Family.

One“Family” means one person;, or two or more persons related by blood, marriage, or adoption; or a group not in excess of five unrelated persons living together as a single housekeeping unit.

17.08.280 Feasible.

Capable“Feasible” means capable of being accomplished in a successful manner within a reasonable period of time, taking into account economic, environmental, social and technological factors.

17.08.290 Fence.

A“Fence” means a masonry wall, or a barrier composed of posts connected by boards, rails, panels, or wire for the purpose of screening, enclosing space or separating parcels of land, but not including retaining walls.

17.08.300 Fill.

Earth“Fill” means earth or any other substance or material, including pilings placed for the purposes of erecting structures thereon, placed on any lands, including submerged areas.

17.08.310 Floor aArea, gGross.

The“Gross floor area” means the enclosed area of a building measured from an exterior surface to exterior surface, but excluding the following: exterior balconies and galleries covered but not enclosed; patios, atriums,atria and the like if not covered; common use areas for all tenants; garages and carports; major mechanical equipment rooms.

17.08.320 General Plan.

The“General Plan” means the Trinidad General Plan, as amended, including the Seismic Safety, Public Safety, Noise and Scenic Highway Elements adopted in 1975 and the following eElements adopted in 1976: Land Use (including sSections on eExisting lLand uUse, cCommercial dDevelopment, and vVisitor aAccommodations), Circulation, Housing, Open Space and Conservation (including sSections on uUnstable sSlopes, sSoil cCharacteristics, wWater rResources, and bBiological rResources), Recreation, Public Services and Community Design.

17.08.330 Grade.

The“Grade” means the average of the finished ground level at the center of all walls of a building.

17.08.340 Guest HouseGuesthouse.

A“Guesthouse” means a structure accessory to a dwelling with sleeping and bathroom facilities that is not continuously occupied for residential purposes, and lacking any kitchen facilities.

17.08.345 Hearings Officer
or a “Hearings Officer” shall mean a person appointed by the City Council if said officer is to acting in the Planning Commission’s stead.

17.08.350 Height.

The“Height” means the vertical distance from the grade to the highest point of the coping of a flat roof, or to the deck line of a mansard roof, or to the average height of the highest gable of a pitch or hip roof.

17.08.360 Home oOccupation.

A“Home occupation” means a use customarily conducted within a dwelling or accessory building by the inhabitants of the dwelling and which use is clearly incidental and secondary to the use of the premises for dwelling purposes and does not change the character of the dwelling or premises.

17.08.370 Kennel.

Any“Kennel” means any premises, except those accessory to an agricultural use, where five (5) or more small domestic animals, not sick or injured, are boarded for compensation or cared for or trained for hire, or are kept for sale or breeding purposes.

17.08.380 Lot.

A“Lot” means a tract of land lawfully established and officially recorded in the county assessor’s office, which constitutes a unit of land under single ownership.

17.08.390 Lot aArea.

The“Lot area” means the total horizontal area included within lot lines.

17.08.400 Lot, cCorner.

A“Corner lot” means a lot at the junction of and abutting on two or more intersecting streets where the angle of intersection is 130 degrees or less.

17.08.410 Lot fFrontage.

The“Lot frontage” means the line separating a lot from the street, in the case of an interior lot, and the line separating the narrowest street frontage from the street in the case of a corner lot.

17.08.420 Lot, iInterior.

A“Interior lot” means a lot other than a corner lot.

17.08.430 Lot lLines.

The“Lot lines” means the lines bounding a lot as defined herein.in this chapter.

17.08.440 Lot lLine, rRear.

The“Rear lot line” means the boundary of a lot opposite and most nearly parallel to the front lot line.

17.08.450 Lot, nNonconforming.

Any“Nonconforming lot” means any lot existing and recorded as a separate parcel in the office of the County Assessor at the effective date of the ordinance codified in this Ordinancetitle which does not conform to the area or width requirements of the district in which it is located or does not conform to the subdivision regulations of the City of Trinidad.

17.08.460 Mobile HomeMobilehome.

A“Mobilehome” means a dwelling originally equipped with an axle and wheels, without motor power, with more than 256 square feet of floor area, and complying with the construction requirements of the State of California for such units.

17.08.470 Mobile Home ParkMobilehome park.

A“Mobilehome park” means a lot on which two or more mobile homesmobilehomes are located and used for sleeping, cooking orand eating purposes.

17.08.480 Motel, iInn.
“AMotel, inn” means a building or group of buildings which is occupied or intended for occupancy forby six or more unrelated individuals and to whom rooms are rented for sleeping purposes, with or without meals, and in addition is not used for the service of meals to persons not residing in said building.

17.08.490 New.

Any“New” means any use established, building or structure constructed, development undertaken, or lot created after the effective date of the ordinance codified in this Ordinance title.

17.08.500 Non-conformingNonconforming.

A“Nonconforming” means a structure and/or land use which was lawfully established but which does not now conform with the land use, yard, height, or other requirements and conditions of this Ordinancechapter.

17.08.510 OffstreetOff-street pParking.

A“Off-street parking” means a site, or portion of a site, devoted to the off-street parking of vehicles, including loading berthsparking spaces, aisles, access drives, and landscaped areas.

17.08.520 Off-street lLoading.

A“Off-street loading” means a site, or portion of a site, devoted to the loading or unloading of vehicles, including loading berths, aisles, access drives, and landscaped areas.

17.08.530 Ownership.
“Ownership” means ownership of property (or possession thereof under a contract to purchase or under a lease, the term of which is not less than ten (10) years) by a person or persons, firm, corporation, or partnership -- (individually, jointly, in common, or in any other manner--), whereby such property is under single or unified control. The term shall include condominium ownership. The term “Ownerowner” shall be deemed to mean the person, firm, corporation, or partnership, holding legal or equitable title or recorded contract of purchase of property, or any person authorized by written instrument to act for the owner.

17.08.535 Parking lLot, pPublic.
“Public parking lot” means Aan open area, other than a street or alley, used for the parking or storage of vehicles, and available for public use, for compensation.

17.08.540 Person.

Any“Person” means any individual, public, or private corporation, political subdivision, partnership, firm, trust or estate or any other legal entity whatsoever which is recognized in law as the subject of rights or duties.

2.0117.08.545 Planning Commission
“Pplanning Ccommission” means the Pplanning Ccommission of the City of Trinidad. or a Hearings Officer appointed by the City Council if said officer is acting in the Commission’s stead.

17.08.550 Public wWorks pProject.

Any“Public works project” means any project by a public agency that is included in Section 30114 of the California Coastal Act of 1976 and any energy facility development within the meaning of Section 30197 of the California Coastal Act of 1976.

17.08.560 Recreation, cCommercial.

Recreation“Commercial recreation” means recreation facilities open to the general public for a fee, or restricted to members, when operated for profit as a business.

17.08.570 Recreational vVehicle or RV.

A“Recreational vehicle or RV” 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.

17.08.580 Rest hHome.

A“Rest home” means a structure operated as a lodging house in which nursing, dietary, and other personal services are rendered to no more than six (6) convalescents, invalids, or aged persons, not including persons suffering from contagious or mental diseases, alcoholism, or drug addiction, and in which surgery is not performed and primary treatment, such as customarily is given in hospitals or sanitariums, is not provided.

17.08.590 Servants’ qQuarters.

A“Servants’ quarters” means a dwelling unit, with a kitchen, accessory to a single-family dwelling occupied by an employee of the landowner who manages or otherwise cares for the owner’s premises.

17.08.600 Services, pPersonal and pProfessional.

Beauty“Personal and professional services” means beauty and barber shops; offices for doctors, dentists and others engaged in the human healing arts, provided no overnight care is given; offices for engineers, attorneys, architects, real estate sales, insurance, travel agencies, ambulance services, bail bonds, art and photography studios, and other such services which in the opinion of the Pplanning Ccommission are similar to the above, and do not involve the sale or repair of merchandise or equipment.

16.08.60514. Short Term Rental (STR)
“Short Term Rental” (STR) means a rental of any dwelling, in whole or in part, within the City of Trinidad, to any person(s) for transient use, other than (1) a permitted bed and breakfast, (2) ongoing month-to-month tenancy granted to the same renter for the same dwelling, (3) one less-than-30-day rental per year, or (4) a house exchange for which there is no payment.

Sign.

Any“Sign” means any message, word, symbol, design, picture or visual medium which is intended to draw attention to a product, service, business, person, institution, or location and is placed or painted on the ground, or on any tree, wall, fence, rock, structure or thing whatsoever and placed thereon whether indoor or outdoor, so as to be visible from off premises, exclusive of legal notices, safety and directional signs posted by public agencies.

17.08.620 Sign, fFreestanding.

A“Freestanding sign” means a sign which is supported by one or more uprights, poles, or braces in or upon the ground, and which is self-supporting in a fixed location and not attached to a building or structure.

17.08.630 Sign, oOff-pPremises.

A“Off-premises sign” means a sign other than an on-site sign and includes signs erected by the outdoor advertising industry in the conduct of the outdoor advertising business.

17.08.650 Sign, oOn-pPremises.

A“On-premises sign” means a sign relating in its subject matter to accommodations, services, commodities, or activities on the premises upon which it is located as distinguished from a sign which directs attention to or advertises an occupancy, accommodation, service, or activity supplied or originating on other premises.

17.08.660 Story.

That“Story” means that portion of a building included between the surface of any floor and the surface of the next floor above it, or, if there is no floor above it, the space between the floor and the ceiling next above it.

17.08.670 Street.

Land“Street” means land owned and designated by the City of Trinidad, Humboldt County, or the State of California as a public thoroughfare and which affords the primary means of access to abutting property.

17.08.680 Structure.

Anything“Structure” means anything constructed, the use of which requires permanent location on the ground, or attachment to something having a permanent location on the ground.

17.08.690 Structure, aAccessory.

A“Accessory structure” means a detached building or structure, other than a sign, the use of which is accessory to the use of the lot.

17.08.696 TMC
“TMC” means the Trinidad Municipal Code.

17.08.700 Use.

The“Use” means the purpose for which either land or water or a structure thereon is designed, arranged, or intended, or for which it is, or may be, occupied or maintained.

17.08.710 Use, aAccessory.

A“Accessory use” means a subordinate use which is customarily incidental to the primary use of the premises, and which does not alter or change the character of the premises.

17.08.720 Use, pPrincipal pPermitted.

The“Principal permitted use” means the primary use of land or of a main building which use is intrinsically compatible with the purpose of the zone and which is permitted in the zone. If a use is listed in a specific zone as a principal permitted use, it means that the owner, lessee, or other person who has legal right to use the land has a vested right to conduct such principal permitted use in accordance with the other zoning regulations without securing special permission therefor, subject only to design and environmental impact review procedures.

17.08.730 Yard.

An“Yard” means an open space abutting a lot line unobstructed and unoccupied from the ground upward except for certain exceptions allowed herein. A yard shall be measured at right angles to the lot line and shall extend into the lot to the exterior wall of the building.

17.08.740 Yard, fFront.

A“Front yard” means a yard extending the full width of the lot abutting the front lot line.

17.08.750 Yard, rRear.

A“Rear yard” means a yard extending the full width of the lot abutting the rear lot line.

17.08.760 Yard, sSide.

A“Side yard” means a yard which extends from the front yard, or front lot line where no front yard exists, to the rear yard or rear lot line where no rear yard exists and abutting the side lot line.

17.08.770 Zone.

A“Zone” means a portion of the territory of the Ccity within which certain uniform regulations and requirements or combinations thereof apply under the provisions of these regulations.

Chapter 17.12
Article 3. ESTABLISHMENT AND DESIGNATION OF ZONES
Sections:

17.12.010 Use restrictions.

17.12.020 Principal and combining zones.

17.12.030 Location and boundaries of zones.

17.12.040 Zoning map.

17.12.050 Determination of boundaries.

17.12.060 Limitations on structures and lots.

17.12.070 Zoning of annexed property.

17.12.010 Sec. 3.01. Use Requirementsrestrictions.

No building or part thereof or other structure shall be erected, altered, added to or enlarged, nor shall any land, water, building, structure or premises be used, designated or intended to be used for any purpose or in any manner other than is included among the uses hereinafter listed as permitted in the zone in which such land, water, building, or premises is located.

17.12.020 Sec.3.02. Principal and combining zones.

The several principal zones into which the Ccity may be divided shall be those included in Article 4.Chapters 17.16 through 17.48 TMC. The several combining zones into which the Ccity may further be divided shall be those included in Article 5Chapter 17.52 TMC.

17.12.030 Sec. 3.03. Location and boundaries of zones.

The designation, location and boundaries of the principal and combining zones shall be as delineated on the Zzoning Mmap of the Ccity. Said map and all notations, references, data and other information shown thereon shall be a part of these regulations and subject thereto, and such map shall constitute Section 3.04 hereof.TMC 17.12.040.

17.12.040 Sec. 3.04. Zoning map.

This section consists of the Zzoning Mmap of the Ccity, which map may be amended in whole or in part in accordance with the amendment procedure set forth in Article 7 hereof.Chapter 17.68 TMC. A copy of the Zzoning Mmap shall be kept on file in the office of the City Clerk.

17.12.050 Sec. 3.05. Determining Uncertain BoundariesDetermination of boundaries.

Where uncertainty exists with respect to the boundaries of the various zones, the following rules shall apply:

A. Streets or Alleys. Where the indicated zoning boundaries are approximately street or alley lines, the center lines of such streets or alleys shall be construed to be the boundaries.

B. Lot Lines. Where the indicated boundaries are approximately lot lines, the lot lines shall be construed to be the boundaries of said zone.

C. Vacated Street or Alley. In the event a dedicated street or alley is vacated by ordinance, the property formerly in said street or alley shall be included within the zone of the adjoining property on either side of the street or alley. In the event said street or alley was a zone boundary between two or more different zones, the new zone boundary shall be the former center line of the vacated street or alley.

D. Where a boundary line is not determined by any of the above, the zoning boundary shall be determined by using the scale contained on the zoning map. If uncertainty still exists the boundary line shall be established by the Pplanning Ccommission after notifying all affected landowners and obtaining their comments.

17.12.060 Sec. 3.06. Limitations on structures and lots.

No building or part thereof shall be erected nor shall any existing building be altered, enlarged or moved into any zone in any manner not in compliance with the minimum yards, maximum building height, maximum density and other regulations for the zone in which such building is located, nor shall any parcel of land be divided or the boundaries thereof be adjusted in any manner not in compliance with the minimum lot area, minimum yards, maximum density and other regulations for the zone in which such lot is located, except as provided inArticle 6 hereof.in Chapters 17.56 through 17.64 TMC. No yard or other space provided about any building for the purposes of complying with the provisions of these regulations shall be considered as providing a yard or open space for more than one building or lot unless specifically permitted elsewhere in these regulations.

17.12.070 Sec. 3.07. Zoning of annexed property.

A. Any lands or waters which shall be annexed shall be automatically zoned the principal zone intended to apply to the land use classification applied to the annexed property in the Trinidad General Plan; provided, that any portion of the annexed area with a land use classification of Suburban Residential shall be zoned Suburban Residential with a Special Building Site of 5five acres subject to the following provision:subsection (B) of this section.

B. The owner of any land, prior to filing a petition for annexation to the City of Trinidad, or in the event a proposed annexation shall be instituted by the Ccity or other property owners, may file an application for prezoning by complying with the provisions, procedures and paying the fees set forth in Article 7Chapters 17.68 and 17.76 TMC for amendments to the Zzoning Oordinance. The zoning established by the Ccity shall be submitted to the California Coastal Commission for approval. The zoning approved by the Ccity and the Coastal Commission shall become effective at the same time that the annexation becomes effective. Required fees may be waived by the Ccity Ccouncil when the annexation is instituted by the City.

Article 4. Regulations for Principal Zones
Sec. 4.01 Conflict of Regulations
In addition to the regulations specified in this article for each of the principal zones, the general regulations set forth in Article 6 shall be applicable to each and every such zone. In the event of conflict between the particular regulations set forth in this article and the general regulations set forth in Article 6, the general regulations of Article 6 shall apply.

Chapter 17.16

OPEN SPACE OR OS ZONE
Sections:

17.16.010 Established – Purpose.

17.16.020 Principal permitted uses.

17.16.030 Uses permitted with a Uuse Ppermit.

17.16.040 Minimum lot area.

17.16.050 Maximum density.

17.16.060 Nondwelling structures.

17.16.070 Maximum building height.

17.16.080 Cultural resources.

17.16.010 Established – Purpose. Sec.4.02. Open Space or OS Zone The Oopen Sspace (OS) zone is intended to be applied to areas designated Oopen Sspace in the Trinidad General Plan. The purpose of this zone is to maximize preservation of the natural and scenic character of these areas including protection of important wildlife habitat and cultural resources, and to ensure that the health and safety of the public is ensured through careful regulations of development in areas affected by geologic instability, steep slopes, tsunami and flood hazards. The following regulations in this chapter shall apply in all Oopen Sspace zones.

17.16.020 Principal permitted uses.

A. Principal permitted uses in the OS zone are:
1A. Public and private open space, wildlife habitat;
2B. Low-intensity recreation on publicly controlled lands and waters such as beachcombing, hiking, fishing; 3C. Pedestrian travel within public access easements consistent with the trail system identified in the General Plan; 4D. Removal of vegetation posing an imminent hazard to structures or people if approved by the City Engineer; 5E. Picnicking on public lands designated for such use.

17.16.030 Uses permitted with a Use Permit.

B. Uses permitted in the OS zone with a Uuse Ppermit are:
1A. Pedestrian trails, vista points, including improvements to existing facilities; 2B. Shoreline related recreation uses, including improvements to existing facilities; 3C. Removal of vegetation including timber;
4D. Structures and improvements, such as seawalls and revetments, related to the protection or maintenance of scenic and cultural resources, beaches, coastal bluffs and buildings threatened by natural processes; 5E. Structures accessory to uses and buildings existing within the Oopen Sspace zone at the time thisthe ordinance codified in this title is adopted;
6F. Wildlife habitat management and scientific research activities and related temporary structures.

C. Other Regulations

17.16.040 Minimum lot area for new lots.

1. Division of a lot shall only be permitted for the purpose of a public agency acquiring the portion of a lot zoned Oopen Sspace; provided, that any portion of a lot remaining in private ownership shall be of an area not less than the minimum lot area requirement for the zone in which such a lot is located.

17.16.050 Maximum density.

2. NewIn the OS zone new dwellings are not permitted.

17.16.060 Nondwelling structures.

3. Requirements for development of non-dwelling structures:A. Structures, septic disposal systems, driveways, parking areas, pedestrian trails and other improvements permitted in the OS zone shall only be permitted on lands designated as “unstable” or of “questionable stability” on Plate 3 of the Ggeneral Pplan if analysis by a registered geologist or professional civil engineer with expertise in soils or foundation engineering, or by a certified engineering geologist, at the applicant’s expense, demonstrates to the satisfaction of the Pplanning Ccommission that construction of the development will not significantly increase erosion and slope instability. The geologist’s report shall include but not be limited to impacts from construction activities such as grading, drainage (from septic leach fields, on-site water use, increased runoff from impervious surfaces), roadways and vegetation disturbance.

B. In addition to satisfying the above requirements, structures proposed within the OS zone shall also satisfy the applicable requirements in Sections 4.03 C (4), (5), (6), (7), (8), (10).TMC 17.20.060 through 17.20.130.

17.16.070 Maximum building height.

4. In the OS zone the maximum building height is 15 feet except that the Ddesign Aassistance Ccommittee may require a lesser height if necessary to accomplish the purposes of Subsection C3TMC 17.16.060 and C517.16.080.

17.16.080 Cultural resources.

5. Within the portion of the Tsurai Study Area zoned Open Space any soil disturbance, removal of vegetation, placement of temporary or permanent structures, or establishment of a use identified in Subsection A1TMC

17.16.020(A) shall require a Uuse Ppermit. Except for a fence to protect burial grounds, no soil disturbance, removal of vegetation, structural improvements or use shall be permitted unless it has been approved by the Trinidad City Council, the State Historic Preservation Officer, the Trinidad Rancheria and the lineal descendants of Tsurai.

Chapter 17.20
Sec. 4.03. Special environment or SE zoneSPECIAL ENVIRONMENT OR SE ZONE Sections:

17.20.010 Established – Purpose.

17.20.020 Principal permitted uses.

17.20.030 Uses permitted with a Uuse Ppermit.

17.20.040 Minimum lot area.

17.20.050 Maximum density.

17.20.060 Maximum building height.

17.20.070 Requirements in tsunami hazard area.

17.20.080 Requirements for structures on ocean bluffs.

17.20.090 Requirements for development on slopes near bluffs.

17.20.100 Requirements for development in stream protection areas.

17.20.110 Requirements in Tsurai study area.

17.20.120 Requirements for open space protection.

17.20.130 Determination of development feasibility.

17.20.010 Established – Purpose.

The Special Environment (SE) zone is intended to be applied to areas designated as Sspecial Eenvironment in the Trinidad General Plan. The purpose of this zone is to maximize preservation of the natural and scenic character of these areas through minimizing alteration of natural land forms and vegetation and limiting the extent of development in areas affected by geologic instability, steep slopes, tsunami and flood hazards on the basis of on-site investigations. It is intended that development not be visible from public viewpoints more than necessary and that it have a natural appearance. The following regulations in this chapter shall apply in all Sspecial Eenvironment zones.

A. 17.20.020 Principal permitted uses.

Principal permitted uses in the SE zone are:
1A. Public and private open space, wildlife habitat;
2B. Low-intensity recreation on publicly controlled lands and waters such as beachcombing, hiking, fishing; 3C. Removal of vegetation posing an imminent hazard to structures or people if approved by the City Engineer, and maintenance of existing private fire trails;
4D. Home occupations as provided in Sec. 6.06TMC 17.56.060; 5E. Picnicking on public lands designated for such use.

17.20.030 B. Uses permitted with a Use Ppermit
Uses permitted in the SE zone with a Use Permit are:

1.A. Pedestrian trails, vista points, including improvements to existing facilities; new fire trails, provided the trail width is the minimum necessary and the location minimizes visibility from public viewpoints:
2B. Single-family dwelling; provided, that all information required in subsection CTMC 17.20.040 through

17.20.130 is provided and the Planning Commission determines that a dwelling on the subject property is feasible and consistent with the purposes of the Sspecial Eenvironment zone;

3.C. Wildlife habitat management and scientific research activities and related temporary structures.

C. Other Regulations

17.20.040 1 Minimum lot area for new lots:.
20,000 sq. ft. provided that no new lots shall be created except as follows:

A.a) land within the SE zone may be included in a new lot if the new lot is partially in another zone and any building site on the lot is located entirely within the other zone, and B.b) a portion of a lot may be separated for the purpose of transferring ownership to a public agency or ccity approved public trust to preserve the open space character of the property.

17.20.050 2 Maximum density.

Maximum density in the SE zone is one dwelling per lot.

17.20.060 3 Maximum building height.

Maximum building height in the SE zone is 25 feet, except that the Ddesign Aassistance Ccommittee may require a lesser height as provided in Section 6.19.Chapter 17.60 TMC.

17.20.070 4 Requirements in tTsunami hHazard area.

Except for harbor and public access facilities no new structures shall be located less than twenty (20) feet above Mean Lower Low Watermean lower low water. When any development is proposed in the tsunami hazard area the developer shall obtain from the State Lands Commission a written determination that:

A. No state lands are involved in the development; or
B. State lands are involved in the development and all permits required by the State Lands Commission have been obtained; or
C. State lands may be involved in the development, but pending a final determination an agreement has been made with the State Lands Commission for the project to proceed without prejudice to that determination.

17.20.080 5 Requirements for structures on ocean bluffs.

No structure shall be placed on, or extended beyond the face of a bluff and no tunnel or shaft shall be sunk into the bluff face, except that the following structures may be placed on the bluff face and alterations made thereto subject to obtaining a Uuse Ppermit:

A. Stairways, ramps and other structures or devices designed and intended to provide public access from the top of the bluff to the beach; provided, that construction thereof shall not require excavation of the bluff face except to the extent necessary to accommodate placement of vertical or lateral support members; B. Fences of non-view-obscuring type along the bluff top, as reasonably necessary to deter trespassing or to discourage indiscriminate transverse upon the bluff face; C. Shoreline protection structures shall be limited to structures which protect existing residences and business or commercial structures, vacant lots which through lack of protection threaten adjacent developed lots, public works, public beaches or coastal dependent uses. Structural protection measures may be permitted if nonstructural measures (i.e., building relocation or change in design) are infeasible from an engineering or economic standpoint. The protection structure shall be designed to meet adequate engineering standards based on the geologic hazards review or other detailed technical information. The City shall require the design of the structures to be reviewed and approved by the City Engineer, and that the applicant shall be responsible for liability, maintenance and repair of the structure. The protection structure shall not:

1. Reduce or restrict public beach access; or

2. Adversely affect shoreline processes and sand supply; or

3. Increase erosion on adjacent properties; or

4. Cause harmful impacts on wildlife and fish habitats.

The protection structure shall be placed as close as possible to the development requiring protection and shall be designed to minimize visual intrusion.

17.20.090 6. Requirements for development on slopes near bluffs.

A. No building shall be located closer than 30 feet from any point on the bluff edge; provided, that a bluff setback in excess of 30 feet may be required by the Planning Commission following evaluation of geologic and soil reports.

B. Grading and excavation shall be the minimum necessary to complete the proposed development consistent with the following requirements:

1. The building site shall be graded to direct surface water away from the top of the bluff, or alternatively, drainage shall be handled in a manner satisfactory to the Ccity which will prevent damage to the bluff by surface and percolating water;

2. No excavation, grading or deposition of natural materials shall be permitted on the beach or the face of the bluff.

C. No development shall be allowed on the portions of a lot with a slope of 20 % percent or greater if such development would require:

1. An access road which requires cuts or fills in an area of slope greater than 20% percent;

2. A side slope road in areas of slope greater than 20% percent.

The construction of slab foundations shall not be allowed on slopes of 15 % percent or more.

D. The construction site including access to the building site shall be defined in the Uuse Ppermit and staked on the construction site. Removal of vegetation, compaction of soil and grading shall be minimized. No earth movement, stockpiling, traffic, or clearing is allowed outside of the construction site boundary. Excavated materials and construction materials shall be stored within the perimeter of the construction site boundary or be removed.

E. There shall be no excavation on the site before the Planning Commission has approved the location offor the stakeoutstaking of the drives, parking sites, building sites and other areas to be graded and filled. Underground utilities shall be confined to a single utility corridor whenever possible to minimize the area of disturbance.

F. Access roads and parking areas shall be constructed prior to any stockpiling of building materials or building construction. All subsequent vehicle travel on the site shall be limited to these areas except for completion of approved earthwork. Stockpiling of building materials shall also be confined to these surfaced areas.

G. Vegetation which is not to be disturbed shall be protected from mechanical damage and undesirable changes in water table, subsurface aeration, surface or subsurface drainage, or other adverse environmental conditions.

H. The siting of dwellings and appurtenant uses (including garden, lawn, orchard and outdoor storage areas) shall minimize the removal of vegetation, minimize alteration of natural landforms and adverse impacts on the scenic qualities of the area including minimizing the degree of visibility from beaches, shorelines, stream corridors, and other public viewpoints.

17.20.100 7. Requirements for Developmentdevelopment in Stream Protection Areas.

A. Soils and vegetation shall not be disturbed and no structures, septic tank systems, driveways, and trails shall be permitted within 100 feet of any perennial stream; provided, that if it can be demonstrated that no use of an existing parcel for a dwelling can be achieved without the location of necessary structures, driveways or trails within 100 feet of the stream, such facilities may be allowed, subject to the following conditions:

1. Soils and vegetation disturbance be minimized and any exposed soils be replanted with appropriate vegetation prior to the rainy season;

2. Any improvements not be damaged by a 100-year flood or degrade water quality;

3. The dwelling not be located within the 100-year floodplain.

B. No materials shall be placed within the 100-year floodplain of any perennial stream or in any other location from which it would be susceptible to erosion and/or deposition into said waters.

C. Pollutants such as chemicals, fuels, lubricants, raw sewage, and other harmful waste generated during construction shall not be discharged into or alongside streams or into natural or manmade channels leading thereto.

D. Structures shall allow peak surface water flows from a 100-year flood to pass with no significant impediment. All foundations for structures within the 100-year flood area shall consist of pier or single span design. No structure shall interrupt the flow of groundwaters.

17.20.110 8 Requirements in Tsurai Study Area.

Within the Tsurai Study Area as defined in the Trinidad General Plan, development shall be sited and designed and reasonable mitigation measures shall be required to minimize adverse impacts on this cultural resource. The State Historic Preservation Officer shall be afforded the opportunity to identify the archeological and paleontological resources within the Tsurai Study Area and to suggest mitigation measures prior to approval of any development in the Study Area.

17.20.120 9 Requirements for Open Space Protectionopen space protection.

The natural character of all portions of a lot not within the designated construction site or the area identified for appurtenant uses shall be retained in its natural condition by means of an open space easement recorded prior to the commencement of construction of the development. The easement shall be between the land owner and the City or a Ccity approved public trust. To the extent possible the easement should include all significant natural land forms such as bluffs and stream corridors, riparian vegetation and other vegetation required for wildlife habitat, major vegetation (trees over 18 inches DBH), landmarks and rare or endangered vegetation, and public trails and accessways where appropriate. The easement shall grant to the public the right to pass and repass over the beach areas generally parallel to the mark of the mean high tide and wide enough to include all beach areas seaward of the first line of terrestrial vegetation and to provide a continuous trail, unobstructed by high tides, around any physical obstacles.

17.20.130 10 Determination of Development Feasibilitydevelopment feasibility.

A. A report by a registered geologist or professional civil engineer with expertise in soils or foundation engineering, or by a certified engineering geologist shall be provided at the applicant’s expense as part of an application for a permanent structure, septic disposal system, driveway, parking area, or other use permitted in the SE zone within the unstable and questionable stability areas shown on Plate 3 of the General Plan. Before the Planning Commission approves a development, it shall determine that the proposed development will not significantly increase erosion and slope instability and that any potential adverse impacts have been mitigated to the maximum extent feasible. a) B. The report shall be based on an on-site inspection in addition to a review of the general character of the area using a currently acceptable engineering stability analysis method. The report shall take into consideration all potential impacts, including but not limited to impacts from construction activities such as grading, drainage (from septic leach fields, on-site water use, increased runoff from impervious surfaces), roadways, and vegetation disturbance.
b) C. The report shall contain a professional opinion stating the following:

1. The area covered in the report is sufficient to demonstrate the geotechnical hazards of the site consistent with the geologic, seismic, hydrologic and soil conditions at the site;

2. The extent of potential damage that might be incurred by the development during all foreseeable normal and unusual conditions, including ground saturation and shaking caused by the maximum credible earthquake;

3. The effect the project could have on the stability of the bluff;

4. How the project can be designed or located so that it will neither be subject to nor contribute to significant geologic instability through the lifespan of the project;

5. A description of the degree of uncertainty of analytical results due to assumptions and unknowns.

Chapter 17.24
Sec. 4.04. Resource production or RP zoneRESOURCE PRODUCTION OR RP ZONE Sections:

17.24.010 Established – Purpose.

17.24.020 Principal permitted uses.

17.24.030 Uses permitted with a Uuse Ppermit.

17.24.040 Minimum lot area.

17.24.050 Maximum density.

17.24.060 Minimum yards.

17.24.070 Maximum building height.

17.24.080 Vegetation removal.

17.24.010 Established – Purpose.

The Rresource Pproduction zone is intended to be applied in all areas designated as Rresource Pproduction in the Trinidad General Plan. This zone is intended to preserve and protect prime agricultural and forest lands for continued resource production, harvesting and related uses. It also preserves and protects geologically unstable areas, stream water quality and riparian habitat associated with agricultural and forest lands in resource production areas. It also provides for incidental private recreational uses. Division of land or new uses that could increase fire and water pollution hazards or allow conflicts with recognized agricultural and forest practices are not intended. The following regulations in this chapter shall apply in all Rresource Pproduction zones.

17.24.020 A Principal permitted uses.

Principal permitted uses in the RP zone are:
1A. Timber production;
2B. Harvesting of trees, provided they are not closer than 100 feet to any perennial stream and are not within a public watershed;
3C. Thinning and removal of immature trees;
4D. Agriculture, including farming and grazing, except for feed lots and dairy processing; 5E. Wildlife habitat management and scientific research activities; 6F. Home occupations as provided in Sec. 6.06.TMC 17.56.060.

17.24.020 B Uses permitted with a Uuse Ppermit.

Uses permitted with a Use Permit in the RP zone are:
1A. Single-family dwelling for use by an on-site resource manager; 2B. Tree harvesting or vegetation removal within 100 feet of a perennial stream or within a public watershed as provided in Subsection C5;TMC 17.24.020(B);
3C. Rock quarrying and similar extraction;
4D. Animal feed lots; dairy processing.

C Other regulations

1. 17.24.040 Minimum lot area.

Minimum lot area for new lots: in the RP zone is 20 acres.

17.24.050 2. Maximum density:

One.Maximum density in the RP zone is one dwelling unit per 20 acres.

17.24.060 3. Minimum yards:

Front.Minimum yards in the RP zone are, for front, rear and side --, 30 feet.

17.24.070 4. Maximum building height:.

Maximum building height in the RP zone is 25 feet,; provided, that greater height may be permitted, subject to obtaining a Uuse Ppermit.

17.24.080 5 Vegetation removal: .

Removal of vegetation within 100 feet of a perennial stream or within a public watershed may be permitted, provided a competent professional reviews the proposal and the Planning Commission determines that the proposal will not cause significant erosion, slippage, water quality degradation or habitat destruction.

Chapter 17.28
Sec. 4.05. Suburban Residential or SR zoneSUBURBAN RESIDENTIAL OR SR ZONE Sections:

17.28.010 Established – Purpose.

17.28.020 Principal permitted uses.

17.28.030 Uses permitted with a Uuse Ppermit.

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.

17.28.010 Established – Purpose.

The Ssuburban Rresidential zone is intended to be applied in areas designated as Ssuburban Rresidential in the Trinidad General Plan. It provides for single-family residential development at low densities suited to the physical capacity of the land and consistent with the density of nearby development. Public water systems are available or will be available in the near future. A second dwelling on a lot may be appropriate if the development design is consistent with neighborhood character and the lot has sufficient area to meet the density requirements for each dwelling. When combined with larger building site requirements, this zone may be suited to areas designated rural residential in the General Plan. The following regulations in this chapter shall apply in all Ssuburban Rresidential or SR zones:.

17.28.020 A. Principal permitted uses.

Principal permitted uses in the SR zone are:
1A. Single-family dwelling, subject to the requirements of Subsection C6TMC 17.28.090; 2B. Keeping of no more than four household pets on each lot; 3C. 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 occupied for more than 1one month in any 12-month period, a water supply and wastewater disposal system shall be provided; 4D. Home occupations as provided in Sec. 6.06.TMC 17.56.060.

17.28.030 B Uses permitted with a Uuse Ppermit.

Uses permitted with a Use Permit in the SR zone are:
1A. Agriculture, including farming, grazing and plant nursery; 2B. A second dwelling unit, which may be in a duplex, or guesthouse, or servants’ quarters; 3C. Removal of trees more than 12 inches DBH, except as provided below.in this chapter.

C. Other regulations.

17.28.0401. Minimum lot area for new lots: .

When a septic tank is to be the means of wastewater disposal, new lots shall include sufficient area to accommodate required yards, the intended use, and primary and reserve septic leach fields as determined from requirements in the wastewater disposal regulations adopted by the Ccity. In no case shall a lot be less than 20,000 square feet in area.

17.28.050 2 Maximum density:.

Maximum density in the SR zone is 20,000 square feet of lot area per dwelling, guesthouse, or servants’ quarters.

17.28.060 3 Minimum yards:.

Minimum yards in the SR zone are:

A. Front --, 30 feet;
B. Rear--, 20 feet;
C. Side --, 10 feet.

17.28.070 4 Maximum building height: .

Maximum building height in the SR zone is 25 feet, except that the Ddesign Aassistance Ccommittee may require a lesser height as provided in Section 6.19.Chapter 17.60 TMC.

17.28.080 5 Vegetation removal: .

Trees may be removed if they are diseased or pose an imminent danger to people or structures, subject to the approval of the City Engineer. Vegetation shall not be removed from a proposed building site until the site is approved by the Building Inspector. The Building Inspector shall approve the proposed site only if it involves removal of the fewest number of trees over 12 inches DBH. The minimum number of trees and shrubs over 8eight feet in height may be removed for the purpose of improving private or public views, subject to the approval of the Ddesign Aassistance Ccommittee.

17.28.090 6 Required geologic study: .

Structures, septic disposal systems, driveways, parking areas, pedestrian trails and other improvements permitted in the SR zone shall only be permitted on lands designated as “unstable” or of “questionable stability” on Plate 3 of the General Plan if analysis by a registered geologist or professional civil engineer with expertise in soils or foundation engineering, or by a certified engineering geologist, at the applicant’s expense, demonstrates to the satisfaction of the Planning Commission that construction of the development will not significantly increase erosion and slope instability and that any potential adverse impacts have been mitigated to the maximum extent feasible. The geologist’s report shall conform to the requirements of Section 4.03.TMC 17.20.130.

Chapter 17.32
Sec. 4.06. Urban residential or UR zoneURBAN RESIDENTIAL OR UR ZONE Sections:

17.32.010 Established – Purpose.

17.32.020 Principal permitted uses.

17.32.030 Uses permitted with a Uuse Ppermit.

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.

17.32.010 Established – Purpose.

The Uurban Rresidential zone is intended to be applied in areas designated as Uurban Rresidential in the General Plan. These areas are served by public water systems. This zone allows the highest density of residential use, taking into consideration neighborhood characteristics and soil capacity for wastewater leaching. The following regulations in this chapter shall apply in all Uurban Rresidential zones.

17.32.020 A. Principal permitted uses.

Principal permitted uses in the UR zone are:
1A. Single-family dwelling, subject to the requirements of Subsection C6TMC 17.32.090; 2B. Home occupation, as provided in Sec. 6.06.TMC 17.56.060.

17.32.030 B. Uses permitted with a Uuse Ppermit.

Uses permitted with a Use Permit in the UR zone include:
1A. Guesthouse; servants’ quarters;
2B. Removal of trees more than 12 inches DBH.

C. Other Regulations

17.32.0401. Minimum lot area for new lots: .

17.32.050 2 Maximum density:.

Maximum density in the UR zone is 8,000 square feet of lot area per dwelling, guest house,guesthouse or servants’ quarters.

17.32.060 3 Minimum yards:.

Unless modified by the Design Assistance Committee as provided in Chapter 17.60 TMC, minimum yards in the UR zone are:

A. Front, 20 feet;
B. Rear, 15 feet;
C. Side, 5five feet, unless modified by the design assistance committee as provided in Sec. 6.19.

17.32.070 4 Maximum building height:.

Maximum building height in the UR zone is 25 feet, except that the Ddesign Aassistance Ccommittee may require a lesser height as provided in Sec. 6.19.Chapter 17.60 TMC.

17.32.080 5 Vegetation removal: .

Trees may be removed if they are diseased or pose an imminent danger to people or structures, subject to the approval of the City Engineer. Vegetation shall not be removed from a proposed building site until the site is approved by the Building Inspector. The Bbuilding Iinspector shall approve the proposed site only if it involves removal of the least number of trees over 12 inches DBH. The minimum number of trees and shrubs over 8eight feet in height may be removed for the purpose of improving private or public views subject to the approval of the Ddesign Aassistance Ccommittee.

17.32.090 6 Required geologic study: .

Structures, septic disposal systems, driveways, parking areas, pedestrian trails and other improvements permitted in the USR zone shall only be permitted on lands designated as “unstable” or of “questionable stability” on Plate 3 of the General Plan if analysis by a registered geologist or professional civil engineer with expertise in soils or foundation engineering, or by a certified engineering geologist, at the applicant’s expense, demonstrates to the satisfaction of the Planning Commission that construction of the development will not significantly increase erosion and slope instability and that any potential adverse impacts have been mitigated to the maximum extent feasible.

The geologist’s report shall conform to the requirements of Section 4.03 (C) (10).TMC 17.20.130.

Chapter 17.36
Sec. 4.07. Planned development or PD zonePLANNED DEVELOPMENT OR PD ZONE Sections:

17.36.010 Established – Purpose.

17.36.020 Uses permitted with a Uuse Ppermit.

17.36.030 Minimum lot area.

17.36.040 Maximum density.

17.36.050 Minimum yards.

17.36.060 Maximum building height.

17.36.070 Open space.

17.36.080 Application procedure.

17.36.010 Established – Purpose.

The Pplanned Ddevelopment zone is intended to be used in areas designated as Pplanned Ddevelopment in the General Plan. These areas are either residential areas where limited commercial activity may be appropriate, subject to special integrating design, or they are areas where design flexibility is needed to adapt appropriate uses to the site and to surrounding uses. Limited commercial uses, including visitor accommodations, visitor services, recreational uses, offices, gift shops and personal services may be appropriate. The PD zone is not intended for campgrounds and recreational vehicle parks. The following regulations in this chapter shall apply in all Pplanned Ddevelopment zones.

17.36.020 A. Uses permitted with a Uuse Ppermit.

Uses permitted with a Use Permit in the PD zone are:
1A. Single-family dwelling, duplex, condominiums and townhouses with not more than four dwellings in a building; groups of permitted dwelling types;
2B. Motels, inns, gift shops, restaurants (not drive-in), personal services, professional offices, retail sales and visitor services;
3C. Home occupations as provided in Sec. 6.06TMC 17.56.060; 4D. Rest homes, day care centers, emergency shelters with onsite management and not more than 10 beds; E. A combined residence with a business use allowed by Section 4.07 Athis section, other than a motel, where the business is not a home occupation as described by this ordinancetitle.

B. Other Regulations

17.36.030 1. Minimum lot area.

1. Minimum lot area for new lots: For planned developments with 5five or more dwelling or commercial units --, 2,500 square feet per dwelling lot; none for commercial units,; provided, that the ground floor area of the unit shall not exceed 100 percent of the lot area, except ground floor area shall not exceed 75 percent of the area of a corner lot. Lots shall be not less than 30 feet in width, except that corner lots shall not be less than 42 feet in width. For planned development with less than 5five dwelling or commercial units --, 8,000 square feet.

17.36.040 2 Maximum density: .

The number of dwelling units permitted shall be determined by dividing the net development area by 8,000 square feet. Net development area shall be determined by subtracting the area devoted to commercial uses including yards, open space, parking and access roads serving commercial uses, and areas over 30 percent slope. If septic tanks are the intended means of wastewater disposal, density shall be based on soil suitability and the requirements of the Ccity’s wastewater disposal regulations.

17.36.050 3 Minimum yards:

Where Minimum yard requirements in the PD zone are as follows: where 8,000 square feet minimum lot area applies --, same as UR zone; where 2,500 square feet minimum lot area applies --, none, except when adjacent to any other zone the yard shall be the same as that required in the adjacent zone. The minimum yard between buildings shall be equal to the height of the higher building.

17.36.060 4. Maximum building height:

Maximum building height is 25 feet, except that the Ddesign Aassistance Ccommittee may require a lesser height as provided in Sec. 6.19.Chapter 17.60 TMC.

17.36.070 5 Open space: .
25% Twenty-five percent of the project site shall be common open space when dwellings are included. In addition, 800 sq. ft. square feet of common usable open space shall be provided per dwelling unit. The developer shall landscape and provide suitable recreational facilities within the usable open space areas and establish a homeowners’ association or other means of providing for the perpetual maintenance of both usable and unusable common open space. Private open space, consisting of balconies or fenced area, shall be provided adjacent to each dwelling unit, and the area of such private open space shall be at least ten10 percent of the gross floor area of the dwelling unit.

17.36.080 6 Application procedure.:

The applicant shall submit three copies of the following information to the City Clerk:

A. A map to scale showing:

1. Division of the land for the sale of individual lots, if any;

2. Existing contours at intervals of not less than 5five feet and location of trees and other significant natural features;

3. Proposed automobile and pedestrian accessways;

4. Areas proposed to be reserved for common open space;

5. Location of commercial uses, dwellings, related off-street parking and any other proposed uses with dimensions showing building size, setbacks and yard areas;

6. Proposed landscaping, fencing and screening;

7. Provision for drainage of surface waters;
B. A tabulation of total number of acres and percent thereof designated for various uses, the number of dwelling units proposed by type, and the estimated population by type of dwelling; C. A statement setting forth a program for installation and maintenance of parking areas, lighting, courts, public and private grounds, landscaping, streets, utilities, community buildings and common open space including copies of legal documents;
D. Building elevations to scale, and a statement of design principles for structures and streetscapes; E. Such additional information as may be required by the Planning Commission; F. An initial environmental study which satisfies the requirement of the California Environmental Quality Act and City regulations adopted pursuant thereto.

Within thirty (30) days of submittal, the applicant, interested staff and the Planning Commission shall meet to discuss the proposed development. A letter shall be transmitted by the City Clerk within five (5) working days after the meeting to the applicant indicating whether or not the proposal conforms with the General Plan, Zoning and Subdivision Ordinances and other applicable Ccity regulations. If the applicant wishes to proceed, a Uuse Ppermit application shall be submitted to the City Clerk. The application shall include seven (7) copies of the information required above and a legal description of the property. If, after following the procedures in Article 7Chapters 17.60 through 17.68 TMC regarding consideration of Uuse Ppermit applications, the Planning Commission approves, or approves subject to conditions, the plan and any conditions shall be forwarded to the City Council for consideration and the Uuse Ppermit shall not become effective until ten (10) days following approval by the City Council. Unless changes are approved by the City Council after receiving a recommendation from the Planning Commission, all aspects of the planned development shall conform to the approved development plan, which shall be made a part of the Uuse Ppermit. Use Ppermits may specify a development completion period of not more than 3three years at which time the Uuse Ppermit shall expire unless the applicant obtains the one (1)-year extension.

Chapter 17.40
Sec. 4.08. Visitor services or VS zoneVISITOR SERVICES OR VS ZONE Sections:

17.40.010 Established – Purpose.

17.40.020 Principal permitted uses.

17.40.030 Uses permitted with a Uuse Ppermit.

17.40.040 Minimum lot area.

17.40.050 Maximum density.

17.40.060 Minimum yards.

17.40.070 Maximum building height.

17.40.080 Vegetation removal.

17.40.010 Established – Purpose.

The Vvisitor Sservices zone is intended to be applied in areas designated as Vvisitor Sservices in the Trinidad General Plan. It is intended to provide areas for camping, recreational vehicle parks, motels, restaurants, lounges, and similar visitor services and accommodations. Visitor services and accommodations should have direct access to a primary collector street. Development should not create conflicts with nearby residential areas and should be located near convenience shopping facilities and/or recreation destinations. The following regulations in this chapter shall apply in all Vvisitor Sservices zones.

17.40.020 A. Principal permitted uses.

Principal permitted uses in the VS zone are:
1A. Restaurant (except drive-in), gift shop;
2B. Motel, inn;
3C. Home occupations as provided in Sec. 6.06.TMC 17.56.060.

17.40.030 B. Uses permitted with a Uuse Ppermit.

Uses permitted with a Use Permit in the VS zone are:
1A. Drive-in restaurant, lounge;
2B. Campground, recreational vehicle park;
3C. Grocery, laundromat or similar visitor convenience appurtenant to a visitor accommodation; 4D. Single-family dwelling for the manager of another on-site permitted use; 5E. Day care center.

C. Other Regulations

17.40.040 1. Minimum lot area.

Minimum lot area for new lots: i in the VS zone is 8,000 sq. ft. square feet.

17.40.050 2. Maximum density:

One.Maximum density in the VS zone is: one campsite, RV space, or motel unit per 2,500 square feet of lot area; 8,000 square feet per dwelling unit.

17.40.060 3. Minimum yards.

Minimum yards: Front in the VS zone are, for front, rear and side yards --, 10 feet.

17.40.070 4. Maximum building height:.

Maximum building height in the VS zone is 25 feet.

17.40.080 5. Vegetation removal: .

Unless diseased, or posing an imminent danger to people or structures, trees should be retained wherever feasible in visitor accommodations.

Chapter 17.44
Sec. 4.09. Commercial or C zoneCOMMERCIAL OR Z ZONE
Sections:

17.44.010 Established – Intent.

17.44.020 Principal permitted uses.

17.44.030 Uses permitted with a Uuse Ppermit.

17.44.040 Minimum lot area.

17.44.050 Maximum density.

17.44.060 Minimum yards.

17.44.070 Maximum building height.

17.44.010 Established – Intent.

The Ccommercial zone is intended to be applied to areas designated Ccommercial in the General Plan. It provides for the commercial services that meet the convenience and retail needs of the residents and visitors. Uses serving the commercial fishing industry are also appropriate. The following regulations in this chapter shall apply in all Ccommercial zones.

17.44.020 A. Principal permitted uses.

Principal permitted uses in the C zone are:
1A. Professional and business offices;
2B. Social halls, fraternal and social organizations and clubs; 3C. Emergency shelters with onsite management and not more than 10 beds; D. Retail stores, agencies and services of a light commercial nature conducted entirely within an enclosed building such as antique shops, art galleries, retail bakeries, banks, barbershops, beauty salons, book stores, clothing and apparel stores, coin operated dry cleaning and laundry establishments, drugstores, florist shops, food markets, furniture stores, hardware and appliance stores, radio and television sales and service, restaurants and appurtenant licensed premises, service stations, studios, tailor shops, enclosed theaters, variety stores, plant nurseries, smokehouses and related sales, secondhand sales appurtenant to another permitted use.

17.44.030 B. Uses permitted with a Uuse Ppermit.

Uses permitted with a Use Permit in the C zone are:
1A. Motels; single-family dwellings associated with a commercial use; 2B. Major auto repair, new and used auto, RV and boat sales, licensed premises not appurtenant to any restaurant, secondhand sales, storage warehouses, small animal hospital within a building, cabinet shops, contractor yards, handicraft manufacture, lumber yards, metal working shops, printing, wholesaling, commercial recreational facilities, piers, manufacture, repair and storage of fishing equipment, storage and processing of ocean produce.

C. Other Regulations

17.44.040 1. Minimum lot area.

Minimum lot area for new lots:in the C zone is 8,000 square feet.

17.44.050 2. Maximum density:

One Maximum density in the C zone is one motel unit per 2,500 square feet of lot area; 8,000 square feet of lot area per dwelling unit.

17.44.060 3. Minimum yards.

Minimum yards: Front -- in the C zone are front, 20 feet; rear and side -- noneexcept 5, none, except five feet when adjacent to any other zone.

17.44.070 4. Maximum building height:.

Maximum building height in the C zone is 25 feet,; provided, that greater height may be permitted subject to obtaining a Uuse Ppermit.

Chapter 17.48
Sec. 4.10. Public and religious or PR zonePUBLIC AND RELIGIOUS OR PR ZONE Sections:

17.48.010 Established – Purpose.

17.48.020 Principal permitted uses.

17.48.030 Minimum lot area.

17.48.040 Minimum yards.

17.48.050 Maximum building height.

17.48.060 Design Rreview.

17.48.010 Established – Purpose.

The Ppublic and Rreligious zone is intended to be applied to areas designated as Ppublic and Rreligious in the Trinidad General Plan. All publicly owned lands, exclusive of those maintained primarily as open space, and all lands owned by religious organizations and used for religious worship and related activities are included. Public agency ownerships include schools, public parking areas, utility substations, fire stations, public buildings and cemeteries. Any public and religious facility should be compatible with nearby uses and be located on streets which offer convenient access. The following regulations in this chapter shall apply in all Ppublic and Rreligious zones.

17.48.020 A. Principal permitted uses.

Principal permitted uses in the PR zone are:

1.A. Churches and appurtenant facilities;
2B. Fraternal and social organizations;
3C. Public parks, playgrounds, recreation centers, community gardens; 4D. Public and private schools, police and fire stations, public service and administrative offices, cultural facilities including museums, libraries, auditoriums, public rest rooms; 5E. Utility substations, corporation yards, reservoirs, storage tanks, radio and TV transmission facilities, caretaker residences.

C. Other Regulations.

17.48.0301. Minimum lot area for new lots:

The.Minimum lot area in the PR zone is the area needed to accommodate the intended use, yard requirements, and any wastewater disposal facilities.

17.48.040 2.Minimum yards:

Front --.Minimum yards in the PR zone are front, 20 feet; rear and side yards -- 5, five feet, except none when adjacent to PR or C zones.

17.48.050 3.Maximum building height:.

Maximum building height in the PR zone is 25 feet, except that greater height may be permitted subject to obtaining a Uuse Ppermit.

17.48.060 4. Design Rreview: .

Expansion of existing uses and buildings and any new uses or buildings shall be subject to the Ddesign Rreview requirements of Sec. 6.19.Chapter 17.60 TMC.

Chapter 17.52
Article 5. Regulations for the Combining Zones

COMBINING ZONES
Sections:

17.52.010 General provisions.

17.52.020 Special Building Site combining or B zone.

17.52.030 Minimum yards.

17.52.040 Mobilehome combining or MH zone.

17.52.010 Sec. 5.01 General provisions.

The regulations set forth in this chapter for each of the combining zones shall modify the regulations for the principal zones with which they are combined. All uses and regulations of the principal zone shall apply in the combined zone, except insofar as they are modified or augmented by the uses and regulations set forth in the combining zone regulations.

17.52.020 Sec. 5.02 Special Bbuilding Ssite combining or -B zone.

The Sspecial Bbuilding Ssite combining or B zone is intended to be combined with the SR Ssuburban Rresidential zone in order to conform new lots and development to the character of surrounding development and to ensure that lot sizes are generally large enough to accommodate the intended use and have adequate area for primary and reserve septic tank leach fields. The following regulations shall apply in the SR zone when it is combined with the special building site combining zone in lieu of the lot area and yard requirements normally applicable in such principal zone:

Combining Designation Minimum Building Site Area
B-1 1 acre
B-2 2 acres
B-5 5 acres

17.52.030 Minimum yards.

Minimum yards: Front in combining zones are front and rear --, same as SR zone; side yards ==, 20 feet.

17.52.040 Sec. 5.03 Mobilehome combining or MH zone.

This zone may be combined with the SR Ssuburban Rresidential zone in a contiguous area of 5five or more lots intended for the exclusive use of mobilehome residences. The following regulations shall apply in the SR zone when it is combined with the MH combining zone:

A. Principal permitted use: A single mobilehome on a lot, provided the mobilehome complies with the State of Californiastate mobilehome construction standards; and the mobilehome shall be placed on a perimeter concrete foundation consistent with building code requirements and shall satisfy any other requirements pertinent to designation of the mobilehome as real property subject to payment of property taxes.

Chapter 17.56
Article 6. General Provisions and Exceptions

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.

17.56.070 Mobile buildings.

17.56.080 Access to public road.

17.56.090 Accessory structures.

17.56.100 Height limitations and modifications.

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.

17.56.190 Regulations for Short Term Rentals

17.56.010 Sec. 6.01. Applicability.

The following specific regulations are intended to provide for the locations and control of certain special and accessory uses and to provide supplementary regulations pertaining to yards, buildings, parking, and other nonconforming uses standards which apply to several zones or uses. The following regulations shall apply in all zones.

Where the provisions of this articlechapter conflict with the provisions of any zone, the provisions of this articlechapter shall apply.

17.56.020 Sec. 6.02. Accessory uses.

Accessory uses, as defined herein, shall be permitted as appurtenant to any permitted use, without the necessity of securing a Uuse Ppermit, unless particularly provided in this chapter; provided, that no accessory use shall be conducted on any property in the SE, SR and UR zones unless and until the main building is erected and occupied, or until a Uuse Ppermit is secured. Use of a recreational vehicle as a temporary residence by visitors for not more than 15 days in any calendar year shall be a use accessory to a dwelling.

17.56.030 Sec. 6.03.Vehicle and other storage.

Abandoned, unlicensed, inoperable or partially dismantled vehicles may be parked within the confines of a legally established vehicle repair business. They may also be stored within any enclosed building. Also, not more than two vehicles intended to be repaired or restored may be parked outdoors if they are located in the rear yard and are screened by a sight-obscuring fence, wall or hedge. Storage of crabpots, boats, and recreational vehicles is permitted in required yard areas except in the street corner area identified in Sec. 6.11 (6),TMC 17.56.110(F); provided, that access to the perimeter of the dwelling is not obstructed, and no such storage is closer than 5five feet to the front lot line. Storage of building materials, equipment and appliances and similar unsightly items shall not be stored in the required front or street side yard for more than 30 days in any year.

17.56.040 Sec. 6.04.Animals.

A. In all zones no more than 4 four household pets such as dogs and cats may be kept as an accessory use to a dwelling, unless a Uuse Ppermit is obtained. In addition to any household pets, not more than 4four small domestic animals, including rabbits and poultry, may be kept in the Ssuburban Rresidential and Uurban Rresidential zones on a lot 8,000 square feet in area or less. No rooster over the age of 6six months shall be permitted in the Uurban Rresidential zone. One additional small domestic animal may be kept for each 2,000 square feet of area by which the lot exceeds 8,000 square feet.

B. In addition, the following domestic animals may be kept as accessory to a dwelling in the Ssuburban Rresidential zone:

1. One large domestic bovine or equine animal may be kept on a lot of not less than one acre. One additional animal may be kept for each half acre by which the lot exceeds 1one acre;

2. Two medium sized domestic animals, including sheep and goats, may be kept on any lot of not less than 20,000 square feet. One additional animal may be kept for each 10,000 square feet of area by which the lot exceeds 20,000 square feet.

17.56.050 Sec. 6.05. Assemblages of persons and vehicles.

No circus, carnival, open-air or drive-in theater, vehicular racetrack, religious revival tent or similar assemblage of people and vehicles shall be permitted in any zone unless a Uuse Ppermit is first secured.

17.56.060 Sec. 6.06. Home occupations.

Home occupations, including but not limited to sewing, music studios, art studios, home and health care product distributors, bookkeeping, shall be permitted as an accessory use to any dwelling, subject to the following conditions:
1A. No employees other than members of the resident family; 2B. Not more than one sign not to exceed 3three square feet in area and attached to the dwelling; 3C. No outside display of merchandise;
4D. Electrical motors only, and not to exceed a total of one horsepower; 5E. No radio or television interference or noise audible beyond the boundaries of the site; 6F. No significant increase in automobile, traffic over normal residential use and no trucks of greater than threequarter ton on the site.

17.56.070 Sec. 6.07. 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 6six 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 6six 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 Uuse Ppermit, as a temporary office by a construction contractor.

D. A mobile building may be used, subject to obtaining a Uuse Ppermit, 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.TMC Chapter 17.60. 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.

17.56.080 Sec. 6.08.Access to public road.

All lots created subsequent to the adoption of these regulations shall have 25 feet of frontage on a public road, or 25 feet of frontage on a public easement at least 25 feet wide from the lot to a public road. Lots existing on the effective date of the regulations codified in this chapter not having such access to a road may be used for the purpose provided in these regulations if a Uuse Ppermit is first obtained incorporating such conditions as the Planning Commission deems necessary to ensure sufficient access to a public road.

17.56.090 Sec. 6.09. Accessory structures.

Accessory structures shall be located in the area between side property lines from the rear lot line to the rear of the front yard, except that accessory structures shall not be closer than 10 feet to any on-site building and not closer than 15 feet to any side lot line abutting a street. Accessory structures for nonhousehold animals shall not be located closer than 50 feet to any dwelling. Accessory structures shall not be more than 15 feet in height in the SR and UR zones and shall comply with the maximum building height limitation in other zones.

17.56.100 Sec. 6.10. Height limitations and modifications.

Heights of buildings and structures shall be measured vertically from the average ground level of the ground covered by the building to the highest point of the roof. Chimneys, vents, flagpoles, conventional television reception antennas, ventilating and air conditioning equipment, parapet walls and similar architectural and mechanical appurtenances shall be excluded in making such measurement.

17.56.110 Sec. 6.11. Yards, fences, walls and hedges.

The minimum yard requirements set out in Articles 4 and 5Chapters 17.16 through 17.52 TMC shall be subject to the regulations of this section:
1A. Cornices, eaves, canopies, bay windows, chimneys and similar architectural features may extend a maximum of 2 ½two and one-half feet into a side yard and 4four feet into front, streetside and rear, or side street yard yards.

Uncovered porches, decks, balconies, stairways, fire escapes or landings may extend a maximum of 8eight feet into front, street sidestreetside or rear yards and 3three feet into side yards. 2B. The street sidestreetside yard on a corner lot shall be 15 feet. 3C. Sight-obscuring fences, walls or hedges within a required front yard or required side yard adjacent to a street more than 2 ½two and one-half feet in height shall not be located closer than 15 feet to the point where the edge of a driveway crosses the property line. Fences located within a required front yard, or side yard adjacent to a street, shall not exceed 4four feet in height.
4D. Fences, walls and hedges located within a required interior side yard or required rear yard shall not exceed 6six feet in height. However, the Building Inspector may approve fences, walls and hedges higher than 6six feet within a required interior side yard, or required rear yard if the owner obtains written consent from the adjoining property owner. Emergency access through such fencing shall be provided when it obstructs access to a building. 5E. Fences, walls and hedges within the buildable portion of a lot may exceed 6six feet in height, but emergency access shall be provided when the fence, wall or hedge obstructs access to a building. 6F. For corner lots, within the area lying between the front and street side lot lines and a line connecting points on these lot lines 20 feet from their intersection, sight-obscuring fences, walls and vegetation shall not exceed 2 ½two and one-half feet in height above the established grade of either street. Tree trunks, posts or columns not exceeding 18 inches in cross-sectional width, measured at three feet above the established grade of either street, shall be permitted; provided, that tree branches are removed up to 8eight feet above the grade of either street. 7G. Limitations on fence height shall not be deemed to prohibit non-sight-obscuring safety or security fences of any height necessary for public playgrounds, public utilities, and other public installations.

17.56.120 Sec. 6.12. Swimming pools.

Any artificial pool, pond, lake or open tank, not completely enclosed within a building, which is normally capable of containing water to a depth greater than 18 inches at any point and in which swimming or bathing is permitted to the occupants of the premises on which it is located, or their guests, and which shall not be used for commercial purposes, shall be permitted as an accessory structure in any zone and shall be subject to the following regulations:
1A. Such pool shall be located on the rear one-half of the lot and in any case not less than 50 feet from the front lot line, nor closer than 5five feet to a side or rear lot line. Filter and heating systems shall not be located within 10 feet of any lot line;
2B. Such pool or the property on which it is located shall be completely enclosed by a wall or fence not less than 4 ½four and one-half feet in height, containing no openings greater than 4four inches except for self-closing and selflatching gates on which the latch is at least 4four feet above ground level in order that full control of access by children may be maintained.

17.56.130 Sec.6.13. Shoreline protection and alteration.

A. The following regulations shall apply to the construction of shoreline protection works and to any dredging, diking, damming, channelization, filling or similar activity in the area less than 20 feet above mean lower low water or within the 100-year floodplain or any perennial stream in the Ccity:.

B. Before any dam, dike, fill, groin, revetment, breakwater, retaining wall or similar structure, or dredging, diversion, channelization or similar activity shall be constructed or undertaken within the Ccity, the applicant or lead agency shall provide the Ccity with a project description, environmental analysis and evaluation of the potential impacts of the project on the character and function of the affected environment, the social and economic character and function of the Ccity and its residents. Such uses shall be subject to a Uuse Ppermit. The Uuse Ppermit shall not be granted unless the Planning Commission determines that the project conforms with the General Plan and will not create undesired impacts on the environment or the community.

17.56.140 Sec. 6.14. Rare plants.

The City shall refer all applications for development in the area north of Main Street (extended to the west and east) to the California Department of Fish and Game Wildlife to determine if rare plants exist on the site. If such plants are found, any permit shall require that the developer meet any mitigation requirements recommended by the Department. If a new location of a rare or endangered plant is found in the future, the Ccity will require the applicants of a development permit to notify the California Department of Fish and Game Wildlife if the development is within 100 feet of the location of the plant. Any permit shall require that the developer meet any mitigation requirements recommended by the Department of Fish and GameWildlife.

17.56.150 Sec. 6.15. Public access to the shoreline.

A. As a condition of approval for any Vvariance, Cconditional Uuse Ppermit, Coastal Development Permit, or Ddesign Rreview of new development, the landowner shall offer to dedicate an easement for public access, for a period of 21 years, along the ocean shoreline from the mean high tide line up to the first line of terrestrial vegetation or a distance inland of 25 feet, whichever is the greater, and a 25-foot-wide easement along any trail designated in the Trinidad General Plan located on the subject property. These public easements shall only take effect when a public or private trust approved by the City accepts responsibility for liability and the improvement and maintenance of the access easement.

B. The following restrictions apply in this 25 foot easement:

1. Existing motorized access shall not be enlarged and where motorized access does not exist, it shall not be allowed;

2. Foot trail portions of the easement shall not exceed 10 feet in utilized width;

3. Existing foot trails should be used except when design or stability problems require a change;

4. Buffer zone areas on the unutilized portions of the foot trails shall not be open to the public.

C. For purposes of this section, “new development” does not include:

1. The replacement of any structure, other than a public works facility destroyed by a disaster. The replacement structure shall conform to applicable existing zoning requirements, shall be for the same use as the destroyed structure, shall not exceed either the floor area, height or bulk of the destroyed structure by more than 10 percent, and shall be sited in the same general location on the affected property as the destroyed structure.;

2. The demolition and reconstruction of a single-family residence; provided, that the reconstructed residence shall not exceed either the floor area, height or bulk of the former structure by more than 10 percent, and that the reconstructed residence shall be sited in the same location on the affected property as the former structure.;

3. Improvements to any structure which do not change the intensity of its use, which do not increase either the floor area, height or bulk of the original structure by more than 10 percent, which do not block or impede public access and which do not result in a seaward encroachment by the structure.;

4. The reconstruction or repair of any seawall; provided, that the reconstructed or repaired seawall is not seaward of the location of the former structure.;

5. Any repair or maintenance activity for which the Coastal Commission has determined, pursuant to Public Resources Code Section 30610, that a Ccoastal Ddevelopment Ppermit will be required unless the Coastal Commission determines that activity will have an adverse impact on lateral public access along the beach.

D. As used in this subdivision section, “bulk” means total interior cubic volume as measured from the exterior surface of the structure.

E. As used in thissubdivision section, “disaster” means any situation in which the force or forces which destroyed the structure to be replaced were beyond the control of its owners.

F. As used in thissubdivision section, “structure” includes landscaping and any erosion control structure or device which is similar to that which existed prior to the occurrence of the disaster.

G. Nothing in this subdivision section shall restrict public access nor shall it excuse the performance of duties and responsibilities of public agencies which are required by Sections 66478.1 to 66478.14, inclusive, of the Government Code and by Section 4 of Article X of the California Constitution.

17.56.160 Sec. 6.16. Signs.

A. In all zones the following signs shall be permitted,; provided, that signs permitted in subsections (A)(2) and (3 below) of this section shall be subject to review by the Ddesign Aassistance Ccommittee:

1. A residential nameplate bearing the name of the occupant and not exceeding 2two square feet,; provided, that 3three square feet shall be permitted for a residence with a home occupation.;

2. Identifying sign and/or bulletin board for a church, school or other public or religious use, which may be indirectly lighted, not exceeding 32 square feet in area and located on the premises,; provided, that it is no closer than 10 feet from any property line.;

3. No more than 2two signs advertising a subdivision or housing development located on the premises thereof, unilluminated, not exceeding 32 square feet in area each and not less than 10 feet from any property line.;

4. Unilluminated signs not exceeding a total area of 6six square feet, and not more than 2two in number pertaining to the sale or lease of residential property and unilluminated signs not exceeding 32 square feet and not more than 2two in number pertaining to the sale or lease of land in the PD, VS and C zones.;

5. Public safety and directional signs not exceeding 2two square feet including “no trespassing: signs; political campaign signs and posters, provided such signs and posters are removed not more than 30 days after the date of the election;

6. One temporary portable sign not exceeding 32 square feet in area, during one 15-day period in any calendar year.

7. Vacation Dwelling UnitShort Term Rental identification signs, as allowed by Section 17.56.190 (6.26).M.10H.5, provided that such signage is not placed in a public right-of-way, and does not rotate, blink, flash, sparkle, or obstruct the visibility of any traffic control sign.

B. In the PD, VS and C zones on-premises signs shall be permitted, subject to the following regulations and the review of the Ddesign Aassistance Ccommittee:

1. The total advertising area permitted for any parcel of land shall be 1one square foot for each foot of street frontage,; provided, that any parcel shall be permitted at least 20 square feet of advertising area, but in no case shall the advertising area for any parcel exceed 300 square feet. No individual sign established after the adoption of the ordinance codified in this title shall be greater than 50 square feet in area.;

2. No freestanding sign shall exceed the maximum building height for the zone in which the sign is located.

Signs attached to buildings shall not project more than 3three feet above the roof line.;

3. Signs projecting over public rights-of-way shall not exceed 32 square feet in area, shall not project more than 5five feet, and shall not be closer than 14 feet to the ground unless attached to the underside of a projecting canopy, in which case the sign shall not be more than 6six square feet in area and shall not be closer than 9nine feet to the ground or sidewalk.;

4. Signs that rotate, blink, flash, sparkle, resemble traffic-control signs, obstruct the visibility of any traffic sign, and portable signs in a public right-of-way are prohibited. Non-appurtenantNonappurtenant signs are prohibited except that a maximum of 2two directional signs of not more than 4 four square feet each may be permitted adjacent to primary collector streets, subject to obtaining a Uuse Ppermit,; and provided, that multiple identification signs included within a community business directory shall be permitted in the C zone, subject to a Uuse Ppermit.

17.56.170 Sec. 6.17. Landscaping and screening.

These regulations are intended to protect individual properties from traffic glare and to improve the appearance of new development in Trinidad.the City:

A. Maintenance. All required planting shall be maintained in good growing condition. Such maintenance shall include, where appropriate, pruning, weeding, cleaning, fertilizing and regular watering. Whenever necessary, planting shall be replaced with other plant materials to ensure continued compliance with applicable landscaping requirements. All screening shall be in sound functional condition, or, whenever necessary, repaired and replaced.

B. Materials. Where trees are required in a new development they shall be of a species, degree of maturity, and spacing acceptable to the Ddesign Aassistance Ccommittee. Where dense landscaping to a specified height is prescribed, it shall be of a type that will provide a year-round barrier to the prescribed heights, and shall be so spaced that vision of objects on the opposite side is effectively eliminated.

C. Dense landscaping or solid wall or fence of a minimum height of 6six feet shall be provided along the rear and side property lines of any non-residentialnonresidential use which abuts on a residential use; to screen any open area used for the storage of goods, materials, or wastewater from view from abutting properties and from public rightsof-way; to screen any open area used to display goods or materials for sale from abutting properties.

D. Prescribed fences, walls or dense landscaping need not be provided along a lot line if a fence, wall or dense landscaping of at least equivalent height, density and maintenance exists immediately abutting and on the opposite side of said lot line.

E. Perimeter landscaping shall be provided between parking spaces and adjacent street right-of-way whenever 5five or more parking spaces are required. Such landscaping area shall be at least 4four feet wide and protected from damage by a curb or header adjacent to the parking area. In addition, whenever 5five or more parking spaces are required 1one tree shall be provided, with an additional tree required for every 10 additional required parking spaces. Such trees shall be planted in tree wells at least 4four feet by 4four feet, protected by a curb or header.

Whenever 5five or more parking spaces are required, at least 2two percent of the parking area, including the above required landscaping, shall be landscaped.

17.56.180 Sec. 6.18. Parking and loading facilities.

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 8’6” wide, 18 feet long and 7seven feet high; provided, that where three3 to four4 spaces are required, one1 space may be 16 feet long to accommodate compact cars; where five5 spaces are required, two2 may be 16 feet long; and where 6six or more spaces are required, up to 50 percent of the spaces may be 16 feet long. Each loading space shall be not less than 10 feet wide, 25 feet long and 14 feet wide.

B. Parking spaces shall be as follows:

1. Campground, RV park, motel: 2two spaces plus 1one space per unit;

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

3. Attached dwellings (duplex, townhouse): 1.5one and one-half spaces per unit;

4. Offices and retail business: 1one space per 300 square feet of gross floor area, with a minimum of 3three spaces. One additional space per employee in a medical or dental office;

5. Restaurant, lounge: 1one space for each 4four seats or 200 square feet of gross floor area, whichever is the largest;

6. Drive-in restaurant: 1one space per 100 square feet of gross floor area;

7. Wholesale, service station, vehicle and equipment repair, day care center, retail sale of bulky items: 2two spaces plus 1one space per employee on largest shift;

8. Emergency shelters: two spaces plus one space for every five beds;

9. Within the PD Pplanned Ddevelopment zone: gift shops, personal services, professional offices, retail sales, visitor services and combined residence and businesses other than a Home Occupationhome occupation: a minimum of three (3) 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 Pplanned Ddevelopment zones.
109. Short term rentalVacation dwelling unit: A minimum of one off-street parking space per every two occupants allowed in the VDU STR unless an exception wais granted pursuant to Section 17.56.190 (6.26).M.6H.2.

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 4four or more dwellings are located on the same lot, outdoor parking shall not be closer than 5five feet to any on-site buildingsbuilding and not closer than 3three feet to any side or rear lot line. Where more than 4four 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 4four feet high shall be provided.

D. Any parking facility of 4four 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 4four parking spaces shall be graded and surfaced to provide an all-weather surface.

H. In the PD Pplanned Ddevelopment 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 City 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.

Section 17.56.190 (6.26) Regulations for Short Term Rentals Sections:

17.56.190 (6.26).A Short tTitle

17.56.190 (6.26).B Findings

17.56.190 (6.26).C Purpose

17.56.190 (6.26).D Definitions

17.56.190 (6.26).E Application rRequirements

17.56.190 (6.26).F Maximum nNumber of Short Term Rentals

17.56.190 (6.26).G Location

17.56.190 (6.26).H One STR License pPer oOwner

17.56.190 (6.26).I Effect on eExisting STRs

17.56.190 (6.26).J License tTransferability

17.56.190 (6.26).K Homeshare STR Licenses

17.56.190 (6.26).L Resident STR Licenses

17.56.190 (6.26).M STR sStandards

17.56.190 (6.26).N Tourist oOccupancy tTax

17.56.190 (6.26).O Audit

17.56.190 (6.26).P Dispute rResolution

17.56.190 (6.26).Q Administrative sStandards and rRules

17.56.190 (6.26).R Violations

17.56.190 (6.26).S Ordinance rReview

17.56.190 (6.26).T Severability

17.56.190 (6.26).A Short tTitle.

This Section shall be known and may be cited as “City of Trinidad Short Term Rental (STR) Ordinance.”

17.56.190 (6.26).B Findings
The City Council finds that adoption of a comprehensive code to regulate issuance of and standards for Short Term Rental Licenses is necessary to protect the public health, safety and welfare and to strike a proper balance between City residents’ concerns and the rights of property owners, STR owners and operators as well as visitors to the City.

The City Council finds the regulation of short-term rental uses through this Ordinancesection, including its nontransferability provisions, to be a valid exercise of the Ccity’s police power in furtherance of the legitimate governmental interests documented in this chapter.

17.56.190 (6.26).C Purpose.

The purpose of this sSection is to establish a permitting process, together with appropriate standards that regulate short-term rental of dwellings in the City in order to: minimize negative secondary effects of Short Term Rentals (STRs) on surrounding residential neighborhoods; preserve the character of neighborhoods in which any such use occurs; ensure that STRs are compatible with surrounding residential and other uses and will not act to harm or alter the neighborhoods within which they are located; minimize impacts to coastal resources; provide for visitor services in accordance with the Coastal Act; and ensure STRs are consistent with all other provisions of the General Plan and Zoning Ordinance. This section addresses traffic, noise and density; ensures health, safety and welfare of neighborhoods as well as of renters and guests patronizing short-term rentals; and imposes limits on the number of licenses issued to ensure long-term availability of the affordable housing stock and to ensure Trinidad has enough residents to maintain a viable community. This section also sets regulations to ensure enforcement of these standards, and collection and payment of fees and transient occupancy taxes.

17.56.190 (6.26).D Definitions.

1. City Manager
“City Manager” means the City Manager of the City of Trinidad or their designee.

12. Dwelling.
“Dwelling” means a single family dwelling, including associated accessory structures, or a dwelling unit within a duplex or multi-family dwelling, not to include mobile homes in a mobile home park.

23. Event.
"Event" means any use of a structure or land for a limited period of time. “Event” includes, but is not limited to, art shows, religious revivals, tent camps, concerts, fundraisers, and weddings or receptions. ”Event” does not include small parties and social gatherings, of no more than the maximum allowed occupancy, consistent with normal residential use.

34. Existing STR.
“Existing STR” means an STR that had a valid STR Llicense as of the effective date of this ordinancesection.

45. Full-time STR
“Full-time STR” means any STR that is not a Homeshare STR or Resident STR.

56. Good Neighbor Contract & Good Neighbor Brochure.
"Good Neighbor Contract" means a document, specific to each STR, prepared by the City and approved by the City Manager that summarizes general rules of conduct, consideration, respect, and potential remedial actions.

In particular, the contract shall include provisions for maximum occupancy and visitors, off-street parking, noise standards, and penalties for violations. The “Good Neighbor Brochure” is a brief summary of the Good Neighbor Contract, in a form approved by the City Manager, which may include additional information and suggestions for oOccupants for minimizing disturbance to neighbors and environmentally sensitive habitat areas. The Good Neighbor Brochure shall be posted or placed in a prominent location inside each STR.

67. Homeshare STR
“Homeshare STR” means a Short Term Rental whereby a homeowner rents out no more than one bedroom in their primary residence and is present on site between the hours of 10 p.m.PM to 7 a.m.AM while rented as an STR

78. Meet and gGreet
“Meet and gGreet” means an in-person, on-site meeting at the STR between the pProperty mManager and the rResponsible pPerson on the day of arrival, or no later than 12:00 p.m. on the morning after a late night arrival, at which time the parties will sign, date, and time stamp the Good Neighbor Contract to indicate it has been reviewed and the rResponsible pPerson has not misrepresented their group during the reservation process.

89. Occupant.
“Occupant” within this sSection means a person, not a host, owner, guest or tenant, renting or occupying an STR in accordance with this section and staying overnight therein. As used in this Section, “occupant” does not include up to two children aged 12 or under.
910. Primary rResidence
“Primary rResidence” means the dwelling owned and occupied as the owner’s principle place of residence, where the homeowner lives more than 50% of the year. A person can only have one primary residence at any time.
101. Property mManager
“Property mManager” or STR mManager means the designee(s) responsible for managing an STR, including authorizing rental contracts. The pProperty mManager may be the owner and/or the lLocal cContact pPerson. 112. Resident STR
“Resident STR” means a Short Term Rental that is operated less than 60 nights per year and which is the owner’s primary residence, but the owner does not have to be in residence while the dwelling is rented as an STR.
123. Responsible pPerson.
“Responsible pPerson” Means the occupant of an STR who is at least twenty-five (25) years of age, who signs the Good Neighbor Contract and who shall be legally responsible for compliance of all occupants of the STR and / or visitors with all provisions of this sSection.

14. Short Term Rental (STR)
“Short Term Rental” (STR) means a rental of any dwelling, in whole or in part, within the City of Trinidad, to any person(s) for transient use, other than (1) a permitted bed and breakfast, (2) ongoing month-to-month tenancy granted to the same renter for the same dwelling, (3) one less-than-30-day rental per year, or (4) a house exchange for which there is no payment.
135. STR wWatch lList
“STR wWatch lList” means a list of one or more Short Term Rentals that the City Manager has identified on the basis of good cause, including one or more significant violations, as STRs that warrant a higher level of oversight, scrutiny, review, or monitoring.
146. Transient uUse.
“Transient use” means any contractual use of a structure or portion thereof for residential, dwelling or sleeping purposes, for any period of time which is less than 30 consecutive days. 157. Visitor.
“Visitor” means someone staying temporarily at an STR, such as guests of occupants, who is not an ’occupant’ and not staying at the STR overnight.

17.56.190 (6.26).E Application rRequirements.

1. Initial Application.
a. Each STR must procure an STR License. No additional business license is required for an STR. The STR License shall identify the existence of a STR at a particular address and declare the type of STR, number of bedrooms rented in the STR and its intended maximum occupancy. b. A site plan and floor plan must be submitted along with the STR License application so the City can verify the number of bedrooms, off-street parking spaces, and other requirements. The site plan and floor plan do not have to be professionally prepared, but must be to scale and include enough information to verify compliance. A sample rental agreement that includes the Good Neighbor Contract and any other forms as required by the City Manager shall also be provided. Applicants for a Homeshare or Resident STR License shall provide documentation that the property is owner’s pPrimary rResidence. c. At the time of application for a new STR, the dwelling shall be subject to inspection by the Building Inspector. The purpose of the inspection is to determine the conformance of the dwelling with applicable City regulations. Prior to the issuance of the STR license, the owner of the dwelling shall make all necessary alterations to the dwelling as required by the Building Inspector to conform with applicable codes. This does not mean that the dwelling has to be brought into conformance with current building codes unless, in the opinion of the Building Inspector, the work is necessary to protect public health and safety.
d. Each application for an STR License shall be accompanied with proof of a general liability insurance in the amount of one million dollars combined single limit. In addition, the applicant shall sign an acknowledgement that they will operate the STR in accordance with all applicable rules and regulations, including this section, and that they can be held responsible for the behavior of their occupants and visitors in accordance with this sSection.
e. The City will notify all property owners within 300 feet of an STR property of the STR License within 10 working days of its issuance or re-issuance. This notice shall be combined with the distribution of contact information required in subsection 2.c below. STR License information, including, but not limited to, license number, address, maximum occupancy, lLocal cContact pPerson, and 24-hour cContact pPhone nNumber, will also be posted on the City’s website.
f. Upon initial application for an STR License, the City shall provide all STR licensees with copies of informational materials identifying protective measures for preventing and minimizing impacts to environmentally sensitive habitat areas, water resources, and septic systems from the short term rental use of the residence. Such protective measures include, but are not limited to: (1) avoiding human encroachment into environmentally sensitive habitat areas; (2) directing or screening exterior lighting from illuminating riparian corridor areas; and (3) best management practices for the proper handling and disposal of trash and chlorinated water from hot tubs, swimming pools, and other spa facilities.

2. Contact iInformation.
a. Local cContact pPerson.

Each STR must designate a lLocal cContact pPerson on the STR License form. That person may be the owner or the pProperty mManager. The lLocal cContact pPerson may designate a temporary lLocal cContact pPerson for a specific rental night(s); that designation must be reported to the City at least 24 hours before the rental date. The lLocal cContact pPerson, or their temporary designee, must live within 20 miles of Trinidad and be able to respond personally to an STR concern within 30 minutes. b. 24-hHour cContact pPhone nNumber.

A 24-hour cContact pPhone nNumber is required for each STR. The 24-hour cContact pPhone nNumber shall be prominently placed for the occupants’ use inside the STR. Any change to the 24-hour cContact pPhone nNumber shall be promptly posted within the STR and provided to the Trinidad City Clerk at least 15 days prior to any change. A temporary lLocal cContact pPerson designee shall use the same cContact pPhone nNumber as the lLocal cContact pPerson.
c. Distribution of cContact iInformation
The name of the lLocal cContact pPerson and 24-hour cContact pPhone nNumber will be forwarded by the City Clerk to the Trinidad Police Department, the Humboldt County Sheriff’s Office, the Trinidad Volunteer Fire Department, and to each neighbor within 300 feet of the STR, and posted on the City’s website within 10 business days after the issuance or reissuance of an STR License for the STR.

The contact information sent to neighbors may include further instructions in the case that a response from the lLocal cContact pPerson is not forthcoming. If there is an emergency or complaint, and the lLocal cContact pPerson does not respond within a reasonable period of time, concerned persons will be encouraged to report an emergency through the 911 emergency calling system or the pPolice or sSheriff’s dDepartment for other complaints. It is unlawful to make a false report or complaint regarding activities associated with an STR.

3. STR License rRenewals.

STR Llicenses shall be renewed annually. Renewals must be submitted by February 1. New STRs that received a license after October 1 do not need to renew their license until the February after the license has been in place for a year. Any changes to the site plan, floor plan, allowable occupancy, or rental agreement shall be submitted along with the license renewal application. Existing STRs that have not had an initial inspection as required by §17.56.190.E.1.c will be subject to such an inspection.

Although the renewal process includes a staff review of City records and other pertinent information specific to complaints, if any, that have been received about the particular STR, it is the intention of the City of Trinidad that there is a presumption that an application for renewal of a STR License for an existing STR will be approved as long as all applicable standards are still met unless or until such time as the permit is revoked pursuant to §17.56.190.R.4 (6.26.R.4, Revocation) or 17.56.190.M14 (6.26.M.14, Minimum Activity) or until the STR license expires pursuant to 17.56.190.J (6.26.J, License Transferability) or if it is voluntarily withdrawn.

4. Appeals
Appeals of staff determinations or decisions in accordance with this section shall be appealable per section

17.72.100 (7.14) except that STR License decisions are not appealable to the Coastal Commission because they do not constitute a Coastal Development Permit. Notwithstanding section 17.72.100.D (7.14.D), fees for appeals of STR License decisions shall be set by resolution of the City Council.

5. Fees
Fees for initial applications and renewals for each type of STR shall be set by resolution of the City Council.

6. Application wWait lList & lLottery
It is the City’s intention to maintain no more than 18 Full-time STR Licenses and 6 Resident STR Licenses in the Urban Residential (UR) Zone, 7 Full-time STR Licenses in the Suburban Residential (SR) Zone and no more than a total of 32 Full-time STR Licenses City-wide. When an STR license becomes available within one of those limits, the City will hold a lottery to allocate that STR License. The City will maintain a waiting list, for each type of STR License by zone as needed, of property owners who are interested in obtaining an STR License for their dwelling. A property owner may place his or her name on the waiting list at any time, but only once per property. The City will randomly draw a name from the waiting list for the appropriate type of license and zone. If the property meets the applicable location standards (§17.56.190.G (6.26.G)), that owner will have 45 days to submit a complete STR License application, along with any other associated license or permit applications (Use Permit, OWTS Operating Permit, etc.) that may be required. If the property owner does not obtain an STR License within 90 days, or if the property does not meet the applicable location standards, the City will draw another name from the waiting list for that zone and STR type.

17.56.190 (6.26).F Maximum nNumber of Short Term Rentals In order to preserve community character and an appropriate balance of residential, commercial and visitor-serving uses, no new Full-time STR Llicenses shall be issued by the City if the total number of Full-time STR Licenses would exceed 18 in the UR Zone or seven7 in the SR Zone, with no limit in other zones, except that no more than a total of 32 Full-time STRs shall be allowed within City limits at any one time. An additional six6 Resident STR Licenses shall be allowed in the UR Zone, with no limit in other zones. Additional Resident STR Licenses may be granted in the UR Zone with approval by the Planning Commission pursuant to the Conditional Use Permit findings and procedures of Chapter 17.72 (Sections 7.06 - 7.18) of the Zoning Ordinance.

17.56.190 (6.26).G Location.

STR’s are permitted only in legally established dwelling units within any zoning district. Each separate STR must obtain its own, individual STR License. There shall be no more than one STR per parcel.

No new STR shall be located where it shares a property boundary with a property containing another STR.

Either of these location standards may be modified through an exception approved by the Planning Commission pursuant to the Conditional Use Permit findings and procedures of Chapter 17.72 (Sections 7.06 7.18) of the Zoning Ordinance. Such an exception shall only be valid as long as the associated STR license is maintained.

17.56.190 (6.26).H Number of STR Licenses pPer oOwner
No new STR Llicense shall be issued for a property in the UR or SR Zones if the owner already holds another STR license in the UR or SR Zones unless there are fewer than the maximum number allowed pursuant to §17.56.190.F (6.26.F) and no other names on the wait lists. No more than a total of two Full-time STR licenses may be held by one property owner, regardless of the zone. These limitations shall not apply to renewals of existing STR licenses.

17.56.190 (6.26).I Effect on eExisting Vacation Dwelling UnitsSTRs.

Existing STRs, in excess of the number allowed in §17.56.190.F, or that do not meet the location requirements of §17.56.190.G (6.26.G), shall be allowed to continue to operate under an STR Llicense as long as the permit License is renewed in accordance with §17.56.190.E.3 (6.26.E.3) unless or until such time as the permit License is revoked pursuant to §17.56.190.R.4 (6.26.R.4, Violations) or 17.56.190.M.14 (6.26.M.14, Minimum Activity) or until the STR Llicense expires pursuant to 17.56.190.J (6.26.J, License Transferability).

17.56.190 (6.26). J. License tTransferability
An STR License is issued to a property owner for a single location. The STR License shall be revoked when the permit holder sells or transfers the real property which was rented pursuant to the STR License except as provided below. For purposes of this section, “sale or transfer” means any change of ownership during the lifetime of the license holder or after the death of the permit License holder whether there is consideration or not except a change in ownership where title is held in survivorship with a spouse, or transfers on the owner’s death to a trust which benefits only a spouse for the spouse’s lifetime, or lifetime transfers between spouses. If the owner is a trustee, a limited liability company, a corporation, a partnership, a limited partnership, a limited liability partnership, or other similar entity, then “sale or transfer” shall mean a change in 50% or more of the shareholders or members or partners or beneficiaries. An STR Llicense holder may transfer ownership of the real property to a trustee, a limited liability company, a corporation, a partnership, a limited partnership, a limited liability partnership, or other similar entity and not be subject to permit revocation pursuant to this section so long as the transferor lives and remains the only owner of the entity. Upon the transferor’s death or the sale or transfer of his or her interest in the entity to another person, the transient rental permitSTR License held by the transferor shall be revoked.

17.56.190 (6.26).K Homeshare STR Licenses
Homeshare STR Licenses allow owners, in their pPrimary rResidence, to rent up to one bedroom as an STR, and the owners must be present at night as host during STR use. Homeshare STRs are subject to all the provisions of this ordinance (section) except the following:

17.56.190 (6.26).F Maximum nNumber of Short Term Rentals

17.56.190 (6.26).G Location

17.56.190 (6.26).H One STR License pPer oOwner

17.56.190 (6.26).M.14 Minimum aActivity

17.56.190 (6.26).L Resident STR Licenses
Resident STR Licenses only allow STR use up to 59 nights per year. Resident STRs are subject to all the provisions of this ordinance (section) except the following:

17.56.190 (6.26).M.14 Minimum aActivity

17.56.190 (6.26).M STR sStandards
All STRs will be required to meet the following standards:

1. Transmittal of rRules and Good Neighbor Contract
Prior to rental of an STR, the rResponsible pPerson shall be provided with a Good Neighbor Contract, consisting of a list of rules and responsibilities, in a form approved by the City Manager. The rResponsible pPerson shall initial each rule indicating that they have read it and sign an acknowledgement that infractions will not be tolerated and if any rules are broken, occupants can be fined by the City, lose their deposit and / or be evicted. In addition, the pProperty mManager, shall conduct a Meet and Greet in order to ensure that the rules are understood, and that the occupants have represented themselves correctly. A Good Neighbor Brochure, summarizing the Good Neighbor Contract shall be placed or posted in a clearly visible location within the STR.

2. Noise.

Occupants of STR properties and visitors shall not generate noise such that it would unreasonably interfere with the quiet use and enjoyment of any other residence or business in the area. Any noise occurring after 10:00 p.m. and before 7:00 a.m. should be contained within the STR and shall not be able to be heard by or offend any adjacent neighbors. What is reasonable in terms of noise generated shall be determined under existing legal standards applicable to evaluating alleged nuisances, including any City noise standards or ordinances.

3. Number of oOccupants.

The maximum number of occupants allowed in an STR shall not exceed two persons per bedroom plus two people (e.g., a two-bedroom STR may have six occupants), less any residents, tenants, hosts or caretakers living onsite while it is rented. Except that in the UR Zone, on lots less than 10,000 sq. ft. in area, the maximum occupancy is two people per bedroom (e.g. a two bedroom STR in the UR zone may have four occupants). In the SR Zone, if the STR has a total floor area that exceeds 800 square feet per bedroom, then for each additional 500 square feet of floor area above this total, one additional occupant may be allowed, up to a maximum of two additional occupants. Where it can be determined based on the Humboldt County Division of Environmental Health permit or file information or an actual inspection of the system, the number of bedrooms will be based on the design capacity of the septic system.

4. Visitors.

The number of visitors to an STR shall be limited to not more than the allowable occupancy of the STR at any time. For example, if the maximum occupancy is six6, then no more than six6 visitors are allowed. Visitors are not allowed in the STR between 11 p.m. and 7 a.m. and shall not stay overnight on the premises. Regardless of the allowable occupancy, there shall be no more than 20 combined occupants and visitors on the premises at any time.

5. Guest rRegistry
The STR mManager shall maintain an occupant and vehicle register for each tenancy of the STR. The register shall include the names, and vehicle license plate numbers for all occupants as well as the dates of the rental period. The guest registry must be available for City inspection upon request.

6. Off-sStreet pParking.

An STR must provide at least one off-street parking space for every two occupants allowed in the STR pursuant to Section 17.56.190 (6.26).M.3. The off-street parking space(s) shall be entirely on the STR property. STRs shall not use public right-of-way (street) spaces to meet their required off-street parking needs. Off-street parking spaces will not be located on the septic system unless it is designed and rated for traffic in a manner that will not compromise the functioning of the septic system. STRs that were previously granted a parking exception by the City may continue to operate under that exception as long as they maintain their STR license in good standing. Occupants will be required to utilize onsite parking prior to utilizing offsite and on-street parking as part of the rental contract but are not allowed to park onsite in undesignated parking spaces.

Occupants and visitors shall be encouraged to not take up all of the available street parking of adjacent and nearby properties.

7. Water uUse.

To prevent overloading of septic systems, each STR shall be operated in a manner to ensure that the occupancy and use of an STR shall not result in annual domestic water use greater than that associated with the non-STR use of the residence based on an average daily consumption of 150 gallons per bedroom (7,324 cubic feet per year per bedroom) with a 30% allowance for landscaping above the design flow.

Where it can be determined based on the Humboldt County Division of Environmental Health permit orf file information or an actual inspection of the system, the number of bedrooms will be based on the design of the septic system. Annual water use records will be kept on file along with the STR License and application materials to allow for verification that the STR water use did not exceed allowable volumes as described above.

If the City determines that the STR use has exceeded the appropriate average annual water usage, as described above, during the preceding year, the STR mManager shall take constructive measures to reduce water use.

Adaptive measures include, but are not limited to: (a) installing water conservation fixtures and appliances; (b) planting xerophytic landscaping; and/or (c) reducing the maximum occupancy of the STR.

8. Septic sSystem.

Each pProperty mManager must provide proof that the septic system for the structure in which the STR is located is functioning properly and in conformance with all federal, state, and local regulations. Information on the appropriate use of a septic system, in a form approved by the City, shall be posted in each kitchen and bathroom in the STR.

9. Appearance and vVisibility.

The outside appearance of the STR structure shall not change the residential character of the structure by the use of colors, materials, lighting, or signage (except as allowed by Section 17.56.160 (6.16)). The STR shall not create any noise, glare, flashing lights, vibrations, or odors that are not commonly experienced in residential areas or that would unreasonably interfere with the quiet use and enjoyment of any other residence or business in the area.

10. Signs.

A single sign, legible from the property’s street frontage, and no greater than three3 square feet in size may be attached to the STR structure or placed immediately adjacent to the front of the STR structure. The purpose of the sign is to notify the public that the structure is or contains an STR. The sign must provide the 24-hour cContact pPhone nNumber for complaints, and a business telephone number for persons seeking information on the STR. The signage shall comply with all applicable standards of the Zoning Ordinance’s sign regulations.

11. Trash.

Trash and refuse shall not be left stored within public view, except in proper containers for the purposes of collection. There shall be no accumulation or storage of trash and / or debris on the site or within the STR.

12. Traffic.

Vehicles used and traffic generated by the STR shall not exceed normal residential levels or unreasonably interfere with the quiet use and enjoyment of any other residences or businesses in the area. What is reasonable in terms of traffic generated shall be determined under existing legal standards applicable to evaluating alleged nuisances.

13. Tenancy.

The rental of an STR shall not be for less than two successive nights.

14. Minimum aActivity.

A Full-time STR shall be rented for a minimum of 60 nights per year in order to maintain an STR License. If the STR mManager fails to document rentals of at least 60 nights per year, the City Manager may determine that license is inactive and ineligible for renewal.

15. Emergency pPreparedness.

Information regarding local hazards, such as earthquakes and ocean related hazards, in a form approved by the City, shall be posted within the vacation rentalSTR in an easily seen location, such as the entry or kitchen area.

In particular, information regarding regular testing of the tsunami siren, the Trinidad Volunteer Fire Department siren and real emergencies shall be included.

17.56.190 (6.26).N Tourist oOccupancy tTax.

The letting, leasing, or other contractual use of an STR is subject to a Tourist oOccupancy tTax (“TOT”) and any other mandated taxes. Each STR mManager shall meet all of the requirements of the City with respect to registration of TOT collectors, and the collection, recordkeeping, reporting and remittances of applicable TOT.

17.56.190 (6.26).O Audit & iInspection
Each pProperty mManager shall provide access to each STR for inspection and any records related to the use and occupancy of the STR to the City at any time during normal business hours, for the purpose of inspection or audit to determine that the objectives and conditions of this sSection are being fulfilled.

17.56.190 (6.26).P Dispute rResolution.

By accepting a STR License, STR owners agree to act in good faith to resolve disputes with neighbors arising from the use of a dwelling as a STR, including engaging in mediation, at owners’ expense. Unless an alternative dispute resolution entity is agreed to by all parties involved, dispute resolution should be conducted through Humboldt Mediation Services.

17.56.190 (6.26).Q Administrative sStandards and rRules The City Manager shall have the authority to establish administrative rules and regulations consistent with the provisions of this sSection for the purpose of interpreting, clarifying, carrying out, furthering, and enforcing the requirements and the provisions of this sSection. In particular, the City Manager will establish administrative procedures for complaints. A copy of such administrative rules and regulations shall be on file in the oOffice of the City Clerk and posted on the City’s website.

17.56.190 (6.26).L Violations

1. Penalty
It is unlawful to violate the provisions of this sSection. Violations of this sSection are punishable as either infractions or misdemeanors, pursuant to the provisions of Section 17.76.050 (7.20) of the Zoning Ordinance.

Each separate day in which a violation exists may be considered a separate violation. The City of Trinidad can also enforce these STR regulations by way of nuisance abatement action pursuant to Chapter 8.12 of the Municipal CodeTMC. Enforcement by way of a nuisance action shall be discretionary and shall only occur upon a lawful vote of the Trinidad City Council to prosecute the matter as a civil nuisance action.

2. Fines
(a) The City Manager shall be authorized to impose administrative penalties for the violation of any provision of this section or ordinance in an amount not to exceed a maximum of $1000 per day for each continuing violation, except that the total administrative penalty shall not exceed $100,000 exclusive of administrative costs, interest and restitution for compliance re-inspections, for any related series of violations. (b) In determining the amount of the administrative penalty, the City Manager may take any or all of the following factors into consideration:
(i) The duration of the violation;
(ii) The frequency, recurrence and number of violations, related or unrelated, by the same violator; (iii) The seriousness of the violation;
(iv) The effect the violation may have upon adjoining properties; (v) The good faith efforts of the violator to come into compliance; (vi) The economic impact of the penalty on the violator; and/or (vii) The impact of the violation on the community.
(c) In most cases, initial fines will start at $200, with higher amounts reserved for exceptional situations like, repeated violations, failures to promptly correct violations, or deliberate violations of this Section. (d) Occupants shall be fined if they do not rectify the situation within 30 minutes after being contacted by the lLocal cContact pPerson. Fines for violations by STR occupants shall be paid to the City by the pProperty mManager.

3. Property wWatch lList
Upon a determination of good cause including but not limited to one or more significant violations, the City Manager may impose additional or special standards or requirements for (1) the determination or placement of properties on the pProperty wWatch lList; (2) placement or imposition of special conditions or performance standards for oOwners, oOwner’s aAgents, lLocal cContact pPersons, and their affected STRs on the pProperty wWatch lList; and (3) and removal of an STR from the pProperty wWatch lList.

4. Revocation
If the pProperty mManager is deemed by the City Manager to be negligent in responding to a complaint more than two times in a 12-month period, or if more than two documented, significant violations, defined below, occur in any 12-month period, the STR License may be revoked. No revocation shall occur unless decided by a lawful majority vote of the Trinidad City Council and after written notice, served by first class mail, of at least 21 days was given to the owner of record and the lLocal cContact pPerson as set forth in the STR application.

Revocation may be temporary or permanent depending on the nature and number of the violations.

5. Appeals
Appeals of City Manager determinations or decisions regarding violations, penalties and fines shall be appealable per Ssection 17.72.100 (7.14) except that such determinations and decisions are not appealable to the Coastal Commission because they do not constitute a Coastal Development Permit. Notwithstanding section

17.72.100.D (7.14.D), fees for appeals of violation and penalty decisions shall be set by resolution of the City Council.

6. Complaints
Complaint as used in this subsection means the need or requirement to contact the lLocal cContact pPerson to rectify a situation that is disturbing to a neighbor or resident. Complaints, and their resolution, must be reported to the City Clerk’s office by the lLocal cContact pPerson within two business days of being received; failure to do so is a violation of this ordinance.

7. Significant vViolations
As used in this subsection, significant violation is a situation where the lLocal cContact pPerson is either unable to unwilling to rectify the situation within 30 minutes, and / or when public safety personnel must be called to assist in resolving the situation, or that causes substantial disturbance to the neighbors or neighborhood.

Examples of significant violations include, but are not limited to:
(i) Failure of the lLocal cContact pPerson to respond to a complaint within 30 minutes. (ii) The inability of City staff or the Sheriff’s Dispatch to reach thea local contact person. (iii) Failure of the lLocal cContact pPerson to report two or more complaints to the City. (iv) Failure to maintain or provide the required guest registry. (v) Violation of the STR maximum occupancy, parking, noise and other requirements as set forth in Section

17.56.190.H (6.26.H).
(vi) Failure to notify City staff when the contact person or contact information changes. (vii) Failure to pay fees or TOT in accordance with this sSection. (viii) Providing false or misleading information on an STR License application or other documentation as required by this sSection.
(ix) Violations of state or Humboldt County, or City health regulations (x) Repeated minor violations and / or complaints
Examples of acceptable documentation of significant violations include, but are not limited to:
(i) Copies of citations, written warnings or other documentation filed by law enforcement. (ii) City file information.
(iii) Advertisements for the STR
(iv) Signed affidavits and / or photographic evidence from neighbors or other witnesses (v) Other documents which substantiate allegations of significant violations.

The City Manager shall have the authority to determine what constitutes a significant violation, as necessary, to achieve the objectives of this sSection. A list of all such additional significant violations shall be maintained and on file in the office of the City Clerk and such offices as the City Manager designates.

7. False rReports and cComplaints
It is unlawful to make a false report to law enforcement or City officials regarding activities associated with short term rentals.

17.56.190 (6.26).S Ordinance rReview
Theis STR Oordinance shall be reviewed by the Planning Commission within two years after its certification, and periodically thereafter, to ensure that it is meeting the needs of the community.

17.56.190 (6.26).T Severability
Should any subsection or provision of theis STR Oordinance be declared by a court of competent jurisdiction to be invalid, that decision shall not affect the validity of the ordinance as a whole or any part thereof, other than the part so declared to be invalid.

Chapter 17.60
Sec. 6.19. Design review and view preservation regulations

DESIGN REVIEW AND VIEW PRESERVATION
Sections:

17.60.010 Design Rreview and view preservation regulations.

17.60.020 Purpose.

17.60.030 Approval required for construction.

17.60.040 Design criteria.

17.60.050 View protection criteria.

17.60.060 Review procedure.

17.60.010 Design Rreview and view preservation regulations.

The following regulations in this chapter shall apply to all zones.

17.60.020 A. Purpose.

The small scale of the community and its unique townsite, affording spectacular views of the coastline and ocean horizon, define the character of Trinidad. Maintaining this character is essential to the continued desirability and viability of the City. A design assistance committee, consisting of the Trinidad Planning Commission and one member of the City Council, is hereby established to The Design Assistance Committee will review new developments to ensure their consistency with the character of the Ccity and minimize their impact on important vistas.

17.60.030 B. ApplicabilityApproval required for construction.

Relocation, construction, remodeling or additions to structures, and alterations of the natural contours of the land shall not be undertaken until approved by the Ddesign Aassistance Ccommittee. Approval need not be obtained for remodeling that does not affect the external profile or appearance of an existing structure. Approval need not be required for exterior painting and maintenance, accessory structures of less than 500 square feet in floor area and less than 15 feet in height, changes in landscaping, and site excavation or filling more than 100 feet from any perennial stream or the mean high tide line which will not change the existing elevation more than 2two feet at any point, and if exempt from a Ccoastal Ddevelopment Ppermit as specified in Section 7.12 of the Zoning OrdinanceTMC 17.72.070 and pursuant to any applicable categorical exclusions.

17.60.040 C. Design criteria.

The Ddesign Aassistance Ccommittee shall be guided by the following criteria when evaluating land form alterations and construction of structure:
1A. The alterations of natural land forms caused by cutting, filling and grading shall be minimal. Structures should be designed to fit the site rather than altering the land form to accommodate the structure. 2B. Structures in or adjacent to open space areas should be constructed of materials that reproduce natural colors and textures as closely as possible.
3C. Materials and colors used in construction shall be selected for compatibility both with the structural system of the building and with the appearance of the building’s natural and man-mademanmade surroundings. Pre-setPreset architectural styles (e.g., standard fast food restaurant designs) shall be avoided. 4D. Plant materials should be used to integrate the man-mademanmade and natural environments to screen or soften the visual impact of new development, and to provide diversity in developed areas. Attractive vegetation common to the area shall be used.
5E. On-premises signs should be designed as an integral part of the structure and should complement or enhance the appearance of the surrounding area.
6F. New development should include underground utility service connections. When above ground facilities are the only alternative, they should follow the least visible route, be well designed, simple and unobtrusive in appearance, have a minimum of bulk and make use of compatible colors and materials. 7G. Off-premises signs needed to direct visitors to commercial establishments, as allowed herein, should be well designed and be clustered at appropriate locations. Sign clusters should have a single design theme. 8H. When reviewing the design of commercial or residential buildings, the committee DAC shall ensure that the scale, bulk, orientation, architectural character of the structure and related improvements are compatible with the rural, uncrowded, rustic, unsophisticated, small, casual, open character of the community. In particular:
a)1. Residences of more than 2,000 square feet in floor area and multiple-family dwellings or commercial buildings of more than 4,000 square feet in floor area shall be considered out of scale with the community unless they are designed and situated in such a way that their bulk is not obtrusive. b)2. Residential and commercial developments involving multiple dwelling or business units should utilize clusters of smaller structures with sufficient open space between them instead of a consolidated structure.

17.60.050 D. View protection criteria.

The Ddesign Aassistance Ccommittee shall be guided by the following criteria when evaluating the impact of new development on public and private vistas of important scenic attractions:
1A. Structures visible from the beach or a public trail in an open space area should be made as visually unobtrusive as possible.
2B. Structures, including fences over 3three feet high and signs, and landscaping of new development, shall not be allowed to significantly block views of the harbor, Little Trinidad Head, Trinidad Head or the ocean from public roads, trails, and vista points, except as provided in (3) belowsubsection (C) of this section. 3C. The committee DAC shall recognize that owners of vacant lots in the SR and UR zones, which are otherwise suitable for construction of a residence, are entitled to construct a residence of at least 15 feet in height and 1,500 square feet in floor area; residences of greater height, as permitted in the applicable zone, or greater floor area shall not be allowed if such residence would significantly block views identified in (2) above.subsection (B) of this section. Regardless of the height or floor area of the residence, the committeeDAC, in order to avoid significant obstruction of the important views, may require, where feasible, that the residence be limited to one story; be located anywhere on the lot even if this involves the reduction or elimination of required yards or the pumping of septic tank wastewater to an uphill leach field, or the use of some other type of wastewater treatment facility; and adjust the length-width-height relationship and orientation of the structure so that it presents the least possible view obstruction.
4D. If a residence is removed or destroyed by fire or other means on a lot that is otherwise usable, the owner shall be entitled to construct a residence in the same location with an exterior profile not exceeding that of the previous residence even if such a structure would again significantly obstruct public views of important scenes, provided any other nonconforming conditions are corrected.
5E. The Tsurai Village site, the Trinidad Cemetery, the Holy Trinity Church and the Memorial Lighthouse are important historic resources. Any landform alterations or structural construction within 100 feet of the Tsurai Study Area, as defined in the Trinidad General Plan, or within 100 feet of the lots on which identified historical resources are located shall be reviewed to ensure that public views are not obstructed and that development does not crowd them and thereby reduce their distinctiveness or subject them to abuse or hazards.

17.60.060 F. Review proceduresprocedure.

The Design Assistance Ccommittee shall prescribe application forms and information requirements for use by those proposing activities subject to design assistance review. If a Use Permit, Coastal Development Permit or other approval is required by the Planning Commission or City Council, the review of the design shall be subsequent to other permit considerations and may occur at the same meeting, subject to fulfillment of public notification requirements. Otherwise the procedure for submittal and consideration of the application shall be the same as for a Use Permit as provided in Article 7Chapters 17.68 through 17.76 TMC. Where view considerations are involved, the applicant is encouraged to contact property owners within 100 feet and show them the layout and profile of the proposed structure. The committee DAC shall not approve any application unless it finds that all of the applicable criteria have been considered and the minimum adjustments required to achieve the objectives applicable to the area where the development is located.

Chapter 17.64
Sec. 6.20. NONCONFORMING USES AND STRUCTURES
Sections:

17.64.010 Nonconforming uses and structures.

17.64.020 Nonconforming lots.

17.64.030 Nonconforming RV and mobilehome uses and parks.

17.64.040 Nonconforming off-street parking.

17.64.050 Underground utilities.

17.64.060 Land acquisition by public agency.

17.64.010 Nonconforming uses and structures.

The lawful use of lands or structures existing on the effective date of thesethe regulations codified in this title, although such use or structure does not conform to the regulations applied to such property or structure, may be continued, except as provided hereinas follows:

A. Any structure conforming as to use but not conforming as to lot area, yards, height or other requirements herein at the effective date of the ordinance codified in this title may be altered, repaired or extended; provided, that such alteration, repair, or extension shall not increase the existing degree of nonconformance.

B. If any non-conformingnonconforming building is destroyed to the extent that the cost of repair, using new materials, exceeds 60 percent of the current value of the structure, then the building shall become subject to all regulations in the applicable zone except as provided in Section 6.19.Chapter 17.60 TMC. The repair of a partially destroyed building shall commence within 1one year and an additional 6six months shall be allowed for the completion of the exterior of any reconstruction.

C. Any change of a non-conformingnonconforming use shall be to a conforming use, and a nonconformingnonconforming use which has been discontinued for a period of one year or more shall not be reestablished. A non-conformingnonconforming use of a part of a lot or a structure shall not be extended throughout the lot or structure.

D. Any use for which a Uuse Ppermit is required by these regulations shall be considered a nonconformingnonconforming use until a Uuse Ppermit is obtained.

E. Any signs existing on the effective date of thisthe ordinance codified in this title, but not conforming to the provisions of this ordinancetitle, shall be permitted to continue for a period of 3three years from the effective date of the ordinance codified in this title and shall be removed or conformed on or before that date. Signs advertising a discontinued use shall be considered non-conformingnonconforming and shall be removed within 30 days of the discontinuance.

17.64.020 Sec. 6.21. Non-conformingNonconforming lots.

If a lot was delineated on a recorded subdivision map, or was lawfully established as a separate lot on the effective date of thesethe regulations codified in this title, and such lot does not conform to the minimum lot area of the zone in which it is located, it shall be considered a legal building site for uses permitted in the pertinent zone, even if the owner of said lot has at any time owned land contiguous to said lot, provided all other requirements of this ordinancetitle and other applicable Ccity ordinances and standards can be satisfied.

17.64.030 Sec. 6.22. Non-conformingNonconforming RV and mobilehome uses and parks.

A. Recreational vehicles and mobilehomes used as a permanent residence, existing within the confines of a legally established recreational vehicle park or mobilehome park on the effective date of thisthe ordinance codified in this title, may continue to be used as a permanent residence, provided the vehicle is at least 100 square feet in floor area, conforms to the pertinent State of Californiastate construction requirements, and contains at least 100 square feet of floor area per occupant. Recreational vehicles and mobilehomes existing on the date of thisthe ordinance codified in this title that do not meet these requirements shall be discontinued as a permanent residence within one year of the date of thisthe ordinance codified in this title.

B. Recreational vehicle parks and mobilehome parks existing on the date of thisthe ordinance codified in this title that do not comply with the density or other regulations herein pertaining to such facilities shall be considered a legal non-conformingnonconforming use, provided such facility shall in no way be altered so that it in any way increases its non-conformance.nonconformance. Any expansion of such facilities shall comply with all requirements herein stated.

17.64.040 Sec. 6.23.Non-conformingNonconforming off-street parking.

Off-street parking facilities existing at the time thisthe ordinance codified in this title is adopted, incidental to a lawfully established use, but which are non-conformingnonconforming as to the provisions of this ordinancetitle shall be considered the required off-street parking for that specific use. Any change in the use, the building, or the parking facilities shall be subject to the following provisions:

A. An existing parking facility, incidental to a lawfully established use, shall not be reduced in area or redesigned so that the facility is less in conformance with the provisions of this ordinancetitle in any respect, unless the end result is an equivalent number of off-street parking spaces, or the required number of parking spaces, whichever is the lesser, as required by this ordinancetitle.

B. If a building or use is expanded, parking as required by the ordinancethis title shall be provided for the expanded portion of the use. Any existing parking shall be retained, or be replaced by an equivalent number of off-street parking spaces, or the required number of spaces, whichever is the lesser, as required by this ordinancetitle. If the number of spaces required for the expansion is greater than the number required herein for the existing building, then any existing parking area shall be brought into conformance with the requirements of this ordinancetitle.

C. If the use of land or a building is changed to a use with a greater parking requirement, parking equal to the difference between the requirement for the existing and the proposed use, as contained herein, shall be provided in accordance with the provisions of this ordinancetitle. Existing parking shall be retained or be replaced by an equivalent number of off-street parking spaces, or the required number of spaces, whichever is the lesser, as provided by the ordinance.this title.

17.64.050 Sec. 6.24. Underground utilities.

All utility connections, including telephone and electricity, for new buildings, shall be located underground in the Ccommercial, Ppublic and Rreligious, Pplanned Ddevelopment, Vvisitor Sservices, Sspecial Eenvironment and Oopen Sspace zones, and undergrounding may be required by the Ddesign Aassistance Ccommittee in the Ssuburban Rresidential and Uurban Rresidential zones when necessary to protect important scenic views from public vantage points.

17.64.060 Sec. 6.25. Land acquisition by public agency.

A. A public agency considering the acquisition of land in the Ccity shall submit to the Ccity a report identifying the proposed acquisition area, existing site characteristics, proposed changes in use, proposed structures and improvements, and an assessment of environmental impacts or impacts on Ccity services and finances that could result from the proposed acquisition and development.

B. The report shall be reviewed by the Planning Commission and the City Council. The City Council shall submit written comments to the agency, indicating its concerns and preferences, within 30 days of report submittal. Upon written acknowledgment of receiving the Ccity’s comments, the agency may proceed with the acquisition. The same review process shall apply when an agency intends to change the use or make facility changes on their lands. Until the zoning of acquired lands has been changed to permit the intended uses, public agencies shall not proceed with site improvements or use of the land. The Ccity shall not be obligated to provide public services when the use or development of public lands is inconsistent with the provisions of this ordinancetitle.

Chapter 17.68
Article 7. Procedures and Administration

AMENDMENTS
Sections:

17.68.010 Generally.

17.68.020 Initiation of amendments.

17.68.030 Amendment procedures.

17.68.040 Notification requirements for amendments.

17.68.050 Effective date of amendments and incorporation in Local Ccoastal Pprogram.

17.68.010 Sec. 7.01Amendments to Zoning OrdinanceGenerally.

The Trinidad Zoning Ordinance, as adopted by the Trinidad City Council, may be amended pursuant to the requirements of this Articlechapter.

17.68.020 Sec. 7.02 Initiation of amendments.

An amendment to the text of the Zoning Ordinance may be initiated by motion of the City Council on its own initiative, or by the Planning Commission on its own initiative. Amendment to the zoning map may be initiated by the owner of the subject property, or authorized agent for the owner, or by the City Council on its own initiative, or by the Planning Commission on its own initiative. Any person authorized to undertake a public works project or proposing an energy facility development may initiate an amendment by requesting the Ccity to amend this ordinancetitle if the purpose of the proposed amendment is to meet the public needs of an area greater than the Ccity that had not been anticipated by the person making the request at the time the Trinidad General Plan was adopted.

17.68.030 Sec. 7.03 Amendment procedures.

A. The filing of an application for an amendment to the Zoning Ordinance, the payment of fees, notice of hearing, and procedural requirements shall be as prescribed herein and in Sections 7.15, 7.16TMC 17.72.110, 17.72.120 and

7.17.72.130.

B. The Planning Commission or Hearings Officer shall hold a public hearing on proposed amendments to the Zoning Ordinance. At the public hearing the Planning Commission or Hearings Officer shall hear any person interested in the proposed amendment. The hearing may be continued from time to time. Within 40 days of the conclusion of the hearing, the Planning Commission or Hearings Officer shall submit to the City Council a written report of recommendations and reasons thereof, including the relationship of proposed zoning amendments to the General Plan. The Planning Commission or Hearings Officer shall not hold a hearing on a proposed amendment to the Zoning Ordinance less than 2two weeks after final City Council action on a related change in the General Plan.

C. If, after the hearing is closed, the Planning Commission or Hearings Officer recommends approval of the proposed amendment, the City Council, upon receipt of the report, shall set the matter for public hearing. The City Council may approve, modify or disapprove the recommendation of the Planning Commission or Hearings Officer, provided, that any modification proposed by the City Council not previously considered by the Planning Commission or Hearings Officer during their hearing shall first be referred to the Planning Commission or Hearings Officer for report and recommendation, but the Planning Commission or Hearings Officer shall not be required to hold a public hearing thereon. Failure to report within 40 days after the referral shall be deemed to be Planning Commission or Hearings Officer approval of the proposed modification.

D. If the Planning Commission or Hearings Officer has recommended against the adoption of an amendment, the City Council shall not be required to take any further action thereon unless an interested party shall request such hearing by filing a written request with the City Clerk within 10 working days after the Planning Commission or Hearings Officer files its recommendation with the City Council.

E. The City Council shall reach a decision not later than 40 days after the conclusion of the City Council hearing or not later than 40 days after the filing of a report, or the deadline for submitting such a report by the Planning Commission or the Hearings Officer on a referral from the City Council. Failure of the City Council to adopt the proposed amendment within the period set forth in this section shall be deemed to be a denial of such a proposed amendment.

17.68.040 Sec. 7.04 Notification requirements for amendments.

In addition to notification required by Sec. 7.TMC 17.72.130, notice of proposed amendments to the Trinidad Zoning Ordinance shall be mailed to the California Coastal Commission and other interested public agencies and persons at least 10 working days prior to the date of the first public hearing before the Planning Commission. The City Council shall not take final action on an amendment until at least 6six weeks after notice has been sent.

17.68.050 Sec. 7.05. Effective date of amendments and incorporation in Local Ccoastal Pprogram.

Amendments to the Zoning Ordinance shall take effect 30 days after City Council adoption of the amending ordinance subject to certification by the Coastal Commission. The City Clerk shall, within 5five working days of the adoption of the amending ordinance, forward a copy to the executive director of the California Coastal Commission.

Before the expiration of the 30-day period, the executive director shall notify the city in writing if the amendment needs to be certified as part of the Trinidad Coastal Programcoastal program and whether the amendment is considered a major or minor amendment pursuant to the provisions of Section 30514(c) of the Coastal Act.

Amendments that are determined to be minor shall become part of the Trinidad Local Coastal Program on the effective date of the Ccity ordinance or the 10thtenth working day following designation as a minor amendment, whichever occurs last. Major amendments, including any amendment that allows changes in uses, shall become part of the Trinidad Local Coastal Program at the time the California Coastal Commission certifies the amendment as adopted by the Ccity. If the Coastal Commission certifies the amendment subject to conditions or changes, the amendment shall not become part of the Trinidad Local Coastal Program until by resolution the City Council concurs in any conditions, or by ordinance adopts any changes and such ordinance has become effective.

Chapter 17.72

VARIANCES, CONDITIONAL USE PERMITS, COASTAL DEVELOPMENT PERMITS, AND DESIGN REVIEW
Sections:

17.72.010 Initiation of procedure.

17.72.020 Required hearings.

17.72.030 Variance findings.

17.72.040 Conditional Uuse Ppermit findings.

17.72.050 Imposition of conditions.

17.72.060 Effective dates.

17.72.070 Coastal Ddevelopment Ppermits.

17.72.080 Emergency permits.

17.72.090 Revocations.

17.72.100 Appeals.

17.72.110 Application form.

17.72.120 Application fees.

17.72.130 Hearing notification.

17.72.140 Notice of final decision.

17.72.150 Costs of notification to interested persons.

17.72.010 Sec. 7.06. Initiation, application, fees and procedures for variances, conditional use permits and design review of procedure.

The initiation of a Vvariance, Cconditional Uuse Ppermit, Coastal Development Permit, or Ddesign Rreview action, the filing of an application, the payment of fees, and notification of hearings shall be as specified in Section 7.TMC

17.72.130.

17.72.020 Sec. 7.07. Required hearings.

A. The Planning Commission or Hearings Officer shall consider all applications for Vvariances, and Cconditional Uuse Ppermits and Coastal Development Permits. The Ddesign Aassistance Ccommittee shall consider all applications for Ddesign Rreview.

B. At least one public hearing shall be held on each application for a Vvariance, Cconditional Uuse Ppermit, Coastal Development Permit, or Ddesign Rreview. Where a development involves applications for a combination of a Vvariance, Cconditional Uuse Ppermit, Coastal Development Permit, or Ddesign Rreview, the required hearings may be scheduled concurrently.

C. The hearing shall be scheduled for the first regular Planning Commission or Hearings Officer meeting occurring more than 10 days from the date of application. At the public hearing the Planning Commission or Hearings Officer shall hear any person interested in the proposal. The hearing may be continued from time to time provided thatThe failure to act within 90 days of the date of the first hearing shall be deemed to be approval of the application on that date. The applicant may waive the time limitation in writing if additional time is needed to consider the application.

17.72.030 Sec. 7.08. Variance findings.

A Vvariance may be granted only upon adoption of written findings showing that all of the following conditions are present:

A. That there are exceptional or extraordinary circumstances applying to the property involved or to the intended use of the property that do not apply generally to other property or uses in the same class or district; and B. That owing to such exceptional or extraordinary circumstances the literal enforcement of specific provision of this ordinancetitle would result in the practical difficulty or unnecessary hardship not created by or attributable to the applicant or the owner of the property; and
C. That such Vvariance will not constitute a grant of special privilege inconsistent with limitations imposed on similarly zoned properties; and
D. That such Vvariance is necessary for the preservation and enjoyment of a substantial property right of the subject property, possessed by other property in the same class or district; and E. That the granting of such Vvariance will not be materially detrimental to the public welfare or materially injurious to the property or improvement in the vicinity; and F. That the granting of such Vvariance will be consistent with the general purpose and intent of this ordinancetitle and will be in conformity with the policies and programs of the Ggeneral Pplan and the Trinidad Local Coastal Program; and
G. That the Vvariance will not permit a use other than a use permitted in the applicable zoning district; and H. That either the Vvariance will have no significant adverse environmental impact or there are no feasible alternatives, or feasible mitigation measures, as provided in the California Environmental Quality Act, available which would substantially lessen any significant adverse impact that the actions allowed by the Vvariance may have on the environment;
I. When the subject property is located between the sea and the first public road paralleling the sea or within 300 feet of the inland extent of any beach or the mean high tide line where there is no beach, whichever is the greater, that:

1. The development provides adequate physical access or public or private commercial use and does not interfere with such uses;

2. The development adequately protects public views from any public road or from a recreational area to, and along, the coast;

3. The development is compatible with the established physical scale of the area;

4. The development does not significantly alter existing natural landforms;

5. The development complies with shoreline erosion and geologic setback requirements.

17.72.040 Sec. 7.09. Conditional Uuse Ppermit findings.

A Cconditional Uuse Ppermit may be granted for any use listed as a conditional use in the applicable zone if the facts establish and written findings are adopted showing:

A. That the proposed use at the size and intensity contemplated, and at the proposed location, will provide a development that is necessary or desirable for, and compatible with, the neighborhood or the community; or:and B. That such use as proposed will not be detrimental to the health, safety, convenience or general welfare of persons residing or working in the vicinity, or injurious to property, improvements or potential development in the vicinity, with respect to aspects including but not limited to the following:

1. The nature of the proposed site, including its size and shape, and the proposed size, shape and arrangement of structures;

2. The accessibility and traffic pattern for persons and vehicles, and the type and volume of such traffic, and the adequacy of proposed off-street parking and loading;

3. The safeguards afforded to prevent noxious or offensive emissions such as noise, glare, dust and odor;

4. Treatment given, as appropriate, to such aspects as landscaping, screening, open spaces, parking and loading areas, service areas, lighting and signs; and
C. That such use or feature as proposed will comply with the applicable provisions of this ordinancetitle, will be consistent with the policies and programs of the General Plan and will assist in carrying out and be in conformity with the Trinidad Local Coastal Program. and
D. That the proposed use or feature will have no significant adverse environmental impact or there are no feasible alternatives, or feasible mitigation measures, as provided in the California Environmental Quality Act, available which would substantially lessen any significant adverse impact that the actions allowed by the Cconditional Uuse Ppermit may have on the environment.; and
E. When the subject property is located between the sea and the first public road paralleling the sea or within 300 feet of the inland extent of any beach or of the mean high tide line where there is no beach, whichever is the greater, that:

1. The development provides adequate physical access or public or private commercial use and does not interfere with such uses.;

2. The development adequately protects public views from any public road or from a recreational area to, and along, the coast.;

3. The development is compatible with the established physical scale of the area.;

4. The development does not significantly alter existing natural landforms.;

5. The development complies with shoreline erosion and geologic setback requirements.

17.72.050 Sec. 7.10. ConditionsImposition of conditions.

In granting a Vvariance, Cconditional Uuse Ppermit, or Ddesign Rreview, the Planning Commission, Hearings Officer, or Ddesign Aassistance Ccommittee shall impose such conditions as deemed necessary to carry out the intent and purpose of this ordinance. The violation of specification or condition so imposed shall constitute a violation of this ordinance and may constitute grounds for revocation of the variance, conditional use permit or design review.title.

17.72.060 Sec. 7.11. Effective dates of variances, conditional use permits and design review.

Planning Commission approval of a Vvariance or Cconditional Uuse Ppermit and Ddesign Aassistance Ccommittee approval of a Ddesign Rreview application shall become final in 10 working days from the date “Notice of Action Taken” is received by the Coastal Commission, unless an appeal to the City Council has been taken within that time.

Failure of the Planning Commission or Ddesign Aassistance Ccommittee to act within the time limits established in the Public Resources Code Sections 65950 and 65957 shall be considered approval of the application on the date the time limitation expires, and the approval shall become final 10 working days after Coastal Commission notification unless appealed to the City Council. City Council action on an appeal shall become final 10 working days from the date the Coastal Commission receives the Notice of Action Taken and findings in support of the action are adopted.

17.72.070 Sec. 7.12. Coastal Development Permits.
(A). 1. In conformance with Public Resources Code Section 30600, in addition to any other approval or permit required under this ordinancetitle, and except as otherwise required under this title, and except as otherwise required by the Trinidad Subdivision Ordinance Section 4.14, Grading Ordinance Section 2.3TMC Title 16, TMC 15.04.070,

15.16.100 or Building Regulation Ordinance Section 302(e)16.16.140 or as specifically excluded in subpartsubsection (B) belowof this section, a Coastal Development Permit shall be required for any proposed use, building or other development as defined in California Public Resources Code Section 30106. Upon approval of all required Vvariances, Cconditional Uuse Ppermits or Ddesign Rreview for any proposed use or building, a Coastal Development Permit shall be deemed approved and shall take effect 10 working days after the Coastal Commission receives notification unless within that time the approval is appealed to the City Council.

2. If a Coastal Development Permit is appealed to the City Council, notice as prescribed in Section 7.TMC

17.72.130 for a Conditional Use Permit shall be provided by the City Clerk to all interested persons and the Coastal Commission. Approval of Coastal Development Permit by the City Council on appeal shall become effective 10 working days after notice of approval and adoption of findings are received by the Coastal Commission. If a valid appeal is filed with the Coastal Commission within that time, the City approval shall be of no force and effect until the appeal has been decided by the Coastal Commission. Within 5five working days of receipt of notice from the Coastal Commission of the filing of a valid appeal, the City Clerk shall deliver to the Coastal Commission staff all relevant documents and materials used by the Planning Commission and City Council in their deliberations. Appeal of a Coastal Development Permit to the Coastal Commission shall be deemed valid if the appellant has exhausted all appeals as provided herein. (B). Except in the area identified in the map proposed as Appendix B -- (Areas Not Included in Exemptions to Coastal Development Permits)AREAS NOT INCLUDED IN EXEMPTIONS TO COASTAL DEVELOPMENT PERMIT, the following categories of development shall not require a Coastal Development Permit:
1). Construction of accessory structures or buildings of less than 500 square feet in floor area and less than 15 feet in height, changes in landscaping and site excavation or filling more than 100 feet from any perennial stream which will not change the existing elevation more than 2two feet at any point.

2. “Accessory structure or building” shall mean: Ameans a detached and subordinate building or structure other than a sign, the use of which is incidental to that of a main building or use on that lot. On any lot which is located a dwelling, any building or structure which is incidental to the conducting of any agricultural use. (C). The following categories of development shall not require a CDP except in the Special Environment zZone:
1). a. Fences up to 6six feet and freestanding masonry walls up to 36 inches in height; b. Standard electrolier not over 35 feet in height above the finish grade; c. Temporary structures built in conjunction with special events; 2). Any construction, enlargement, alteration, repair, moving, improvement, removal, conversion or demolition of any building or structure less than any of the following criteria:
a. Curbs, retaining walls and planter boxes up to 18 inches in height; b. A small tool or storage cabinet with not more than 100 square feet of projected roof area. Multiple cabinets shall require approval. Lot line setbacks are to be observed; c. Television and radio antennas supported on roofs;
d. Low decks, up to 30 inches high, which are not more than 500 square feet in area; e. Decks inside fenced areas which are not visible from the street; f. Hot tubs not involving an enclosing structure;
g. Minor remodeling or repair which does not alter the external profile of the structure. This includes:
1i. Conversion of windows to sliding glass doors;
2ii. Alteration in window size;
3iii. Addition of a window where one does not currently exist; 4iv. Addition of vinyl or aluminum external siding in the same color and character of the existing siding;
h. Existing porches up to 25 percent increase in area, not to include alterations of existing overhangs, or additions of overhangs;
i. Solar heating systems with fixed solar panels not to exceed 180 square feet in area; 3). Any excavation or fill or combination thereof, less than both of the following criteria:
a. 1000One thousand square feet of surface area including the removal of ground cover. This does not include ground cover removed for agricultural or grading for road and trail maintenance purposes; b. 50Fifty cubic yards of material. This shall not apply to any excavation or fill:
4) b. 1i. Within an Open Space or Special Environment zZone as provided in the Trinidad Zoning Ordinacethis title, or outside of the stable area as indicated oin Plate 3 of the Ggeneral Pplan map. This does not include ground cover removal for road and trail maintenance purposes; ii. Within a public sewer, water main, storm drain or powerline easements; iii. Which will encroach upon or alter in any way a drainage channel, tidal area watercourse, floodplain or area subject to inundation. This does not include the maintenance of existing ditches. (D). The following types of projects are not development within the meaning of this section or California Public Resources Code Section 30106 and do not require a Ccoastal Ddevelopment Ppermit:
1). Exterior painting and maintenance;
2). Remodeling, which does not affect the external profile or appearance of the structure; 3). Repairs which involve only the replacement of component parts of existing work with similar materials for the purpose of maintenance and which do not aggregate over $2,000 in valuation in any 12-month period and do not affect any electrical or mechanical installations. Repairs exempt from permit requirements shall not include any addition, change or modification in construction, exit facilities or permanent fixtures or equipment.

Specifically excepted from permit requirements without limit to valuation are:
a. Painting and decorating;
b. Installation of floor covering;
c. Cabinet work;
d. Re-roofingReroofing;
4). Awnings projecting not more than 6six feet attached to the exterior wall of buildings of Group R-3 or M occupancy.

17.72.080 Sec. 7.24.Emergency Ppermits.

A. Emergency Ccoastal Ddevelopment Ppermits may be granted at the discretion of a local official designated by the City for projects normally requiring a Coastal Development Permit approval which must be undertaken as emergency measures to prevent loss of or damage to life, health or property, or to restore, repair or maintain public works, utilities and services during and immediately following a natural disaster or serious accident.

B. Applications in cases of emergencies shall be made to the City by letter if time allows, and by telephone or in person if time does not allow.

C. The information to be reported during the emergency, if it is possible to do so, or to be fully reported after the emergency, shall include the following:

1. The nature of the emergency;

2. The cause of the emergency, insofar as this can be established;

3. The location of the emergency;

4. The remedial, protective or preventive work required to deal with the emergency; and

5. The circumstances during the emergency that appeared to justify the course(s) of action taken, including the probable consequences of failing to take action.

D. The City may request verification of the nature of and solutions to the emergency situation. Within 30 days of issuance of an emergency permit, the applicant shall submit a complete application for a Coastal Development Permit and any required technical reports.

E. The emergency work authorized under approval of any Eemergency Ppermit shall be limited to activities necessary to protect the endangered structure or essential public service.

17.72.090 Sec. 7.13. Revocation of variances, conditional use permits and design reviewRevocations.

In any case where the terms and conditions of a grant of a Vvariance, Cconditional Uuse Ppermit, Coastal Development Permit, or Ddesign Rreview are not complied with, the Planning Commission shall give notice to the holder of such permit of its intention to revoke such permit. Permits may also be revoked if the Planning Commission determines that the notification requirements in Sec. 7.04TMC 17.72.130 were not satisfied by the applicant. Procedures for the revocation of a permit shall be the same as for the original consideration except that the City Clerk shall assume all notification responsibility. If a Ccoastal Ddevelopment Ppermit has been appealed to, and approved by, the Coastal Commission, the Coastal Commission may also initiate revocation proceedings pursuant to the requirements of the Coastal Act.

17.72.100 Sec. 7.14. Appeals.

In the case of any Vvariance, Cconditional Uuse Ppermit, Ddesign Rreview Ppermit, Ccoastal Ddevelopment Ppermit, or denial of a proposed change in the Zoning Map by the Planning Commission, and in the case of any order, requirement, decision or other determination made by any Ccity employee, the procedures for appeals shall be provided as follows:

A. Administrative Actions Appealable. Any person aggrieved by a determination, interpretation, decision, decree, judgment, or similar action taken by a Ccity employee under the provisions of this ordinancetitle may appeal such action to the Planning Commission within 10 working days of being notified of the decision.

B. Planning Commission or Hearings Officer Actions Appealable. Actions or appellate determinations of the Planning Commission may be appealed to the City Council by those interested persons who have communicated their comments at the Planning Commission or Hearings Officer hearing.

C. City Council Actions Appealable. Actions or appellate determinations of the City Council representing the approval of a Ccoastal Ddevelopment Ppermit pursuant to section 7.12TMC 17.72.080 may be appealed to the Coastal Commission for the reasons cited, and if the subject property is located within the area described in Public Resources Code Section 30603. Requirements for appealing decisions shall be as provided in the Coastal Commission Regulationsregulations.

D. Filing Requirements. Appeals to the Planning Commission, Hearings Officer or City Council shall be addressed to the appellate body on a prescribed form and shall state the basis of the appeal. Appeals shall be filed in the office of the City Clerk within the appeal period provided in Sec. 7.11.TMC 17.72.060. There shall be no fee for filing an appeal. The City Clerk shall determine from the records whether the appellant submitted comments on the issue being appealed to each previous appellate body. Only if such comments have been submitted shall an appeal be accepted, unless the appellant can demonstrate that there were valid reasons why he could not attend the hearings or submit written comments.

E. Notice of Hearing. A public hearing shall be conducted on all appeals. The notice and conduct of hearings by the appellate body shall be governed by the provisions of Sections 7.15, 7.16TMC 17.72.110, 17.72.120 and

7.17,.72.130 and shall conform to the manner in which the original notice was given and the original hearings were conducted, if any.

F. Time Limitation and Vote. The Planning Commission, Hearings Officer or City Council shall determine an appeal not later than 60 days following the date of the hearing. If both the applicant and the appellant consent in writing, the time limitation for a decision may be extended from time to time. The action from which an appeal is taken may be reversed or modified only by the affirmative vote of a majority of the authorized membership of the appellate body.

G. Failure of Appellate Body to Act. Failure of the appellate body to act within the time specified shall be deemed concurrence with the previous decision rendered.

H. Conditions and Findings. The appellate body may impose or prescribe conditions as are in its opinion necessary to serve the objectives of this title. The appellate body shall make a written determination of its decision together with its findings in support of the decision.

17.72.110 Sec. 7.15. Application form.

Applications for Vvariance, Cconditional Uuse Ppermit, Coastal Development Permit, Ddesign Rreview, and amendment to the Land Use Map or Zoning Map shall be submitted to the City Clerk’s office upon a prescribed form. Maps, drawings and such other information as specified on the application forms shall be provided in triplicate unless additional copies are specified herein. Each application filed by or on behalf of one or more property owners shall be verified by at least one such owner or his authorized agent, attesting to the truth and correctness of all facts, statements and information presented.

17.72.120 Sec. 7.16. Application fees.

A. The City Council shall by resolution establish a schedule of fees, charges and expenses for Vvariances, Cconditional Uuse Ppermits, Ddesign Rreview, Ccoastal Ddevelopment Ppermits and amendments to the Zoning Map and other matters pertaining to this ordinancetitle. The schedule of fees may be changed or modified only by resolution of the City Council.

B. Until all applicable fees, charges, and expenses have been paid in full, no action shall be taken on any application, or other matters for which a fee, charge or payment of expense is required by this ordinancetitle or the fee schedule resolution adopted pursuant heretothereto.

C. Any municipal, political or governmental corporation, district body, or agency is exempted from payment of any fee or charge in connection with an application for any Vvariance, Cconditional Uuse Ppermit, Ddesign Rreview, Ccoastal Ddevelopment Ppermit, appeal or Zoning Ordinance amendment.

D. No fee, charge or expense shall be refundable except in any case where the Planning Commission or Hearings Officer determines and certifies any such fee or portion thereof has been received in error, in which case the amount received in error may be refunded.

17.72.130 Sec. 7.17. Hearing notification.

A. For actions initiated by one or more property owners for a Ccoastal Ddevelopment Ppermit, Vvariance, Cconditional Uuse, Ddesign Rreview or Zoning Map amendment, the following notification shall be required:

1. a. The applicant shall furnish to the City Clerk one stamped envelope addressed to the owner of each parcel of record within 100 feet of each boundary of the subject property for Vvariance, Cconditional Uuse, Coastal Development Permit, or Ddesign Rreview applications and within 300 feet of each boundary for amendments to the Zoning Map.
b. The envelopes may be addressed to “owner” at the mailing address of the parcel. The applicant shall ascertain the name and address of the owner from the records of the County Assessor. The City Clerk shall use the envelopes to mail notice of the hearing at least 7seven days before the date of the hearing for a Vvariance, Cconditional Uuse Ppermit, Coastal Development Permit, or Ddesign Rreview, and at least 10 working days before the date of a hearing on a Zoning Map amendment. c. The notice shall indicate that an application has been filed, the number assigned to the application, a description of the development and its proposed location, and the date, time, and place of the hearing. In addition to mailing notice to all those for whom envelopes have been provided, the City Clerk shall provide notice to the applicant and to all persons known or thought by the Clerk to have a particular interest in the application, including the Coastal Commission staff.

2. Between the time the application is accepted for filing and the date when notices must be mailed, the applicant must post a notice, at a conspicuous place, easily read by the public and as close as possible to the subject property. The Ccity shall furnish the applicant with a standardized form to be used for such posting. In addition, the applicant shall at the same time obtain copies of the hearing notice from the City Clerk and shall distribute one to each place of business or residence in the notification area. If the applicant fails to so post the notice form, distribute notices, or to sign the declaration of posting and distribution no less than seven days prior to a Vvariance, Cconditional Uuse, Coastal Development Permit, or Ddesign Rreview hearing, and at least 10 working days prior to a Zoning Ordinance amendment hearing, or it is determined that the application is incomplete, the City Clerk shall withdraw the application from consideration and shall not mail out the hearing notices.

B. For actions initiated by the Planning Commission or City Council, the City Clerk shall provide notice as prescribed above and shall public in a newspaper of general circulation in the city at least 10 working days prior t o the hearing onepost notice of the time, place and purpose of the public hearing for 10 days in three conspicuous public places, to wit, the entrance to City Hall, Trinidad Post Office, and Trinidad Market; provided, however, that if the size of the subject area would require mailing notice to more than 50 property owners such notice may be inserted in the water bill mailing. If only a change in the text of the Zoning Ordinance is proposed, posting notice in 3 locations within the city and newspaper notice shall be provided. The City Clerk shall place in the file a written declaration of the means of notification used and certification of the date notification was mailed, or posted or published.. Other means of notification, in addition to that required herein, may be used by the Planning Commission if deemed advisable.

17.72.140 Sec. 7.175 Notice of final decision.

A. This section shall not apply to action on any development which is executed pursuant to Sec. 7.12 (b) of this zoning ordinance.TMC 17.20.070(B).

B. Within 7seven calendar days of a final action on any Ccoastal Ddevelopment Ppermit the City Clerk shall provide notice of its action by first class mail to the Coastal Commission and to any person who specifically requested such notice pursuant to Sec. 7.18.TMC 17.72.150. Such notice shall include conditions of approval, written findings, a location and description of the project, and the procedures for appeal of the local decision to the Coastal Commission.

C. If the Ccity has failed to take a final action on any Ccoastal Ddevelopment Ppermit within the time limits set forth in Government Code Sections 65950 through 65957, thereby approving the development by operation of law, the person claiming a right to proceed pursuant to Government Code Sections 65950 through 65957 shall notify in writing the City Clerk and the Coastal Commission of his or her claim that the development has been approved by operation of law. Such notice shall specify the application which is claimed to be approved.

D. If the City Council determines that the time limits established pursuant to Government Code Sections 65950 through 65957 have expired, the City Clerk shall, within seven (7) calendar days of such determination, notify any person entitled to receive notice pursuant to paragraphsubsection (B) of this section that it has taken final action by operation of law pursuant to Government Code Sections 65950 through 65957. The appeal period for developments approved by operation of law shall begin to run only upon the receipt of the Ccity’s notice in the Coastal Commission office. (This section shall also apply to any judicial determination that the development has been approved by operation of law.)

17.72.150 Sec. 7.18. Costs of notification to interested persons.

Interested persons who wish to be notified of Planning Commission, Hearings Officer and City Council hearings shall be sent such notice if they provide the Ccity with a deposit to cover such costs.

Chapter 17.76
ENFORCEMENT – VIOLATION – PENALTIES
Sections:

17.76.010 Previously issued permits.

17.76.020 Enforcement.

17.76.030 Conflict with other regulations and private agreements.

17.76.040 Public nuisance.

17.76.050 Penalties.

17.76.010Sec. 7.23 Effect of pPreviously issued permits.

Except as specifically herein provided, it is not intended by this ordinance to impair or interfere with any permits previously adopted or issued relating to the erection, construction, establishment, moving, alteration or enlargement of any buildings or improvements.

17.76.020 Sec. 7.19. Responsibility for enforcementEnforcement.

All employees of the City of Trinidad vested with the duty or authority to issue permits shall conform to the provisions of this ordinancetitle and shall issue no permit, certificate or license for uses, buildings, or purposes in conflict with the provisions of this ordinancetitle; and any such permits, certificates or licenses issued in conflict with the provisions of this ordinancetitle shall be null and void. It shall be the duty of the City Engineer Building Inspector to enforce the provisions of this Zoning Ordinancetitle pertaining to the erection, construction, reconstruction, moving, conversion, alteration, or addition to any building or structure. (Ord: 166 § 7.19, 1979].

Sec. 7.20. Penalties.

Any person, firm or corporation, whether as principal, agent, employee or otherwise, violating any provision of this Zoning Ordinance shall be guilty of a misdemeanor and upon conviction thereof, shall be punishable by a fine of not more than five hundred dollars ($500.00) or by imprisonment in the county jail of the County of Humboldt for a term not exceeding five (5) months, or both. Such person, firm or corporation shall be deemed to be guilty of a separate offense for each and every day during any portion of which any violation of this ordinance is committed, continued or permitted by such person, firm, or corporation and shall be punishable as herein provided.

17.76.040Sec. 7.21 Public nuisance.

No person shall violate any provision or fail to comply with any of the requirements of this title. Any building or structure set up, erected, constructed, altered, enlarged, converted, moved, or maintained contrary to the provisions of this ordinance title and/or any use of property contrary to the provisions of this ordinance title shall be, and the same is declared to be, unlawful and a public nuisance subject to the City’s nuisance abatement procedures and penalties set forth in Chapter 8.12 TMC.; and the City Attorney of said city shall, upon order of the City Council, immediately commence action or proceedings for the abatement and removal and enjoinment thereof in the manner provided by law, and shall take such other steps and shall apply to such courts as may have jurisdiction to grant such relief as will abate and remove such building or structure and restrain and enjoin any person, firm, or corporation from setting up, erecting, building, maintaining, or using any such building or structure or using any property contrary to the provisions of this ordinance. The remedies provided for herein shall be cumulative and not exclusive.

17.76.050Sec. 7.20. Penalties.

Any person, firm or corporation, whether as principal, agent, employee or otherwise, violating any provision of this Zoning Ordinancetitle shall be guilty of a misdemeanor and upon conviction thereof, shall be punishable by a fine of not more than five hundred dollars ($500.00) or by imprisonment in the county jail of the County of Humboldt for a term not exceeding five (5) months, or both. Such person, firm or corporation shall be deemed to be guilty of a separate offense for each and every day during any portion of which any violation of this ordinancetitle is committed, continued or permitted by such person, firm, or corporation and shall be punishable as herein provided.

Sec. 7.22 Conflict with other regulations and private agreements.

Where conflict occurs between the provisions of this ordinance and the building code or other regulations effective within the city, the more restrictive of any such regulations shall apply. It is not intended that this title shall interfere with or abrogate or annul any easements, covenants, or other agreements not in effect, provided, however, that where this ordinance imposes a greater restriction upon the use of buildings or premises than are imposed or required by such agreements, the provisions of this ordinance shall control.

Sec. 7.23 Effect of previously issued permits.

PASSED AND ADOPTED by the City Council of the City of Trinidad, State of California, on Tuesday, January 9, 2024, by the following vote:

AYES:

NAYS:

ABSENT:

ABSTAIN:

Attest:

Gabriel Adams Cheryl Kelly
Trinidad City Clerk Mayor
First Reading of Ordinance 2024-01: Tuesday, January 9, 2024 Second Reading of Ordinance 2024-01: Tuesday, February 13, 2024 CONSENT AGENDA ITEM 5

SUPPORTING DOCUMENTATION ATTACHED

5. Second Reading of Ordinance 2024-02; Correcting and reaffirming codification of the City of Trinidad Zoning Ordinance

DISCUSSION AGENDA ITEM
January 9, 2024
---------------------------------------------------------------------------------------------------------------- Item: Update of the Zoning Ordinance as Codified in the Trinidad Municipal Code As noted for the previous item, the City first codified it’s ordinances in 1990 with an update and creation of an online code in 2012, and the City is currently working on another update. As part of the process of comparing the codified zoning ordinance to the zoning ordinance that was certified by the Coastal Commission for the previous agenda item, some errors and inconsistencies were found in the codified version. This amendment corrects those generally minor errors, as well as modernizes a few things such as capitalization. All of these changes are summarized below. Note that the City Council might want to consider updating the formatting, punctuation, capitalization, etc. to modernize the entire code as part of the current code update to make future amendments easier. The City Planner worked with the City Attorney’s office and Coastal Commission staff in reviewing these ordinances and deciding on amendments.

In addition to the codification updates, ordinance amendments that have occurred since the last codification have been added. This includes the emergency shelter ordinance, the STR ordinance, the housing zoning ordinance amendment, and reasonable accommodation ordinance. Because these ordinances have been duly adopted by the City Council, they are not shown in “track changes,” even though they represent changes to the current, online code. However, a few corrections from the adopted versions have been made in track changes, generally for consistency with the rest of the code. In addition, references to the original, certified zoning ordinance section numbers were removed from the STR ordinance/section.

The purpose of this amendment is to reconcile the codified and certified versions of the Trinidad Zoning Ordinance to facilitate amendments, update internal code and statutory citations, and correct identified inconsistencies. A few other minor corrections and modifications were made, many of which convert the codified text back to what was originally adopted (and certified). Material and substantive revisions, particularly those that raise coastal resource and Coastal Act issues, will be thoroughly addressed in the upcoming comprehensive LCP update.

The following is a summary of the corrections and minor changes that were made. • Capitalization: the codified ordinance uses almost no capitalization, but current best practice is to capitalize specific proper nouns. Specific City staff positions (e.g. City Clerk), bodies (e.g. City Council), zoning and land use designations (e.g. Open Space, Tsurai Study Area), documents (Trinidad General Plan), maps (e.g. Plate 3), acronyms (e.g. DBH), and specific permit types (e.g. Coastal Development Permit) were capitalized.
• Several references to state laws and regulations (e.g. Public Resources Code) were updated.
• Corrected references to “zoning title” back to “Zoning Ordinance.” Although §

17.04.020 states that Title 17 shall be known as the “zoning ordinance,” “zoning title” was used in the codified version instead.
• Moved § 17.76.030 to be a subsection of § 17.04.050, since they are related. • Changed the title of § 17.08.010 back to "meaning of certain words." It was changed to "construction" in the original codification, but I think that title makes it seem like an out of place definition in Chapter 17.08 and therefore confusing. • Deleted § 17.08.010.B, because there is no longer an Appendix A; all of those definitions have been incorporated into Chapter 17.08.
• Took the definitions of “City Council,” “planning commission,” and “hearings officer” out of the definition of “City” (§ 17.08.100) and gave them their own sections.
• Transferred two definitions from the STR section (17.56.190) to the definitions chapter (City Manager and Short Term Rental), because they apply more broadly. • Deleted the ordinance reference under the definition of coastal development permit (§ 17.08.130) because that definition does not appear in ordinance 166; it must have been added as part of the codification.
• Added a new definition for Design Assistance Committee (DAC) (§ 17.08.182) as consisting of the Planning Commission, but the City Council now has the option to change the make-up of the DAC if desired. In the original zoning ordinance (and general plan), a DAC was tasked with design review. The DAC was defined as the Planning Commission plus one member of the City Council in § 17.60.020.

However, that situation could cause problems with tie votes, and the City removed (most) references to the DAC and replaced them with the planning commission in 2001. But that ordinance was never submitted to the Coastal Commission for certification. In order to maintain consistency with the general plan and to provide the City with the option of having a DAC that is different from the Planning Commission (common in larger cities), staff is proposing to change all the references to the Planning Commission back to DAC, but define the DAC as the Planning Commission or as otherwise appointed by the City Council. • Updated the definition of “development” to be consistent with the Coastal Act (§

17.08.200)
• Reordered "parking lot" in the definitions (Chapter 17.08) to the appropriate alphabetical order (from § 17.08.640 to § 17.08.535).
• Corrected the numbering for the definition of “single room occupancy unit.” • Added a definition of TMC (Trinidad Municipal Code) (§ 17.08.696) as this acronym is used throughout the code but never defined.
• Added the full zone name to the chapter for each zone rather than just the acronym, and defined the acronym at the beginning of each chapter. • Changed “the” back to “said” as it was written in the original ordinance in several sections (17.08.480, 17.12.030, 17.12.050, 17.20.100.B, 17.56.170). • Added "in this chapter" to § 17.20.010 § 17.32.010 and § 17.44.010 and “the following regulations in this chapter shall apply in all resource production zones” to §

17.24.010 for consistency with the language in other zone purpose sections.

Similarly, “with a Use Permit” was added to § 17.44.030 for consistency with the language in other zones.
• Deleted “This zone is also intended to provide necessary regulations for areas lying seaward of the mean high tide line.” from § 17.20.010 and deleted § 17.20.030.C. The Coastal Commission did not certify this language in 1980, because the City does not have coastal development permit jurisdiction below the mean high tide line. The City elected to add the language back after certification for local review of projects.

However, the regulations are incomplete for reviewing projects located below the mean high tide line, and those projects would require a CDP anyway. Therefore, staff recommends removing this language to avoid confusion. This issue can be reconsidered as part of the overall LCP update.
• Revised § 17.20.040 to reflect the certified language. As part of the certification process, the Coastal Commission required “partially” to be removed from subsection A, which was accomplished through ordinance #167. However, ordinance #167 revised other portions of this section as well, but those changes were not reflected in the certified ordinance. It appears there was an error somewhere. Regardless, the language has been revised so that it is consistent with what Coastal Commission staff consider the certified language. • “Or” was added back to the ends of subsections A and B of § 17.20.070 to clarify that only one applies. Conversely, “or” was also added back to the ends of subsections 1, 2 and 3 of § 17.20.080.C to clarify that all apply. Both of these changes are consistent with the original ordinance language.
• Changed "such" to "slab" in § 17.20.090.C.2. The original ordinance used "slab" and it was changed as part of the codification process, but that was erroneously done; it should be slab.
• “Deceased” was corrected to “diseased” in § 17.28.080. • Changed SR to UR in § 17.32.090 as that is the correct reference for that chapter.

This was an error in the original ordinance that was not corrected in the codification.
• Deleted chapters 17.53 and 17.54 that were not certified by the Coastal Commission.

The City subsequently adopted another STR ordinance (§ 17.56.190) and is currently working on another ADU ordinance.
• Removed “nonconforming uses” from § 17.56.110, because nonconforming uses was moved to its own chapter (17.64) as part of the codification. • Corrected the code reference in § 17.56.070.E.3.
• Updated CA Dept. of Fish and Game to Fish and Wildlife in § 17.56.140. • Clarified code references in § 17.56.150 and added “Coastal” to differentiate “Commission” from the Trinidad Planning Commission.
• Updated § 17.56.160.A.7 to refer to STRs instead of VDUs and the correct section.

Attachments
Zoning Ordinance Codification Update Amendment
Recommended Action:

Approve the first reading of Ordinance 2024-02

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. 2024-02

AN ORDINANCE OF THE CITY OF TRINIDAD

CORRECTING, UPDATING, AND REAFFIRMING CODIFICATION OF

THE CITY OF TRINIDAD ZONING ORDINANCE INCLUDING
AMENDMENTS MADE SINCE THE LAST CODIFICATION IN 2012
WITH MINOR CORRECTIONS FOR CONSISTENCY, TITLE 17 OF THE

TRINIDAD MUNICIPAL CODE
Section 1. Amendment of Title 17 of the Trinidad Municipal Code Title 17 shall be amended to read as follows:

Trinidad Municipal Code
Title 17 ZONING

Page 2 ends

Title 17
ZONING
Chapters:

17.04 General Provisions

17.08 Definitions

17.12 Establishment and Designation of Zones

17.16 Open Space or OS Zone

17.20 Special Environment or SE Zone

17.24 Resource Production or RP Zone

17.28 Suburban Residential or SR Zone

17.32 Urban Residential or UR Zone

17.36 Planned Development or PD Zone

17.40 Visitor Services or VS Zone

17.44 Commercial or C Zone

17.48 Public and Religious or PR Zone

17.52 Combining Zones and MH Zone

17.53 Vacation Dwelling Units

17.54 Accessory Dwelling Units

17.56 Specific Use Regulations

17.58 Reasonable Accommodation

17.60 Design Review and View Preservation

17.64 Nonconforming Uses and Structures

17.68 Amendments

17.72 Variances, Conditional Use Permits and Design Review

17.76 Enforcement – Violation – Penalties
Trinidad Municipal Code
Chapter 17.04 GENERAL PROVISIONS

Page 3 ends

Chapter 17.04

GENERAL PROVISIONS
Sections:

17.04.010 Adoption.

17.04.020 Short title.

17.04.030 Purpose.

17.04.040 Conformity with Ggeneral Pplan.

17.04.050 Conflict of regulations.

17.04.010 Adoption.

A. There is adopted a zoning ordinance of the Ccity, as provided by Title 7 of the Government Code of the Sstate of California. The ordinance codified in this title constitutes a precise plan for the use of land in conformity with the Ggeneral Pplan and Ggeneral Pplan standards.

B. The provisions of this title shall apply to all lands and waters and all owners of lands and waters within all the incorporated areas of the Ccity. [Ord. 166 § 1.01, 1979].

17.04.020 Short title.

This title shall be known and cited as the “Zzoning Oordinance of the Ccity of Trinidad.” [Ord. 166 § 1.02, 1979].

17.04.030 Purpose.

This title is adopted to promote and protect the public health, safety, peace, comfort, convenience and general welfare, to provide a plan for sound and orderly development and to ensure social and economic stability within the various zones hereby established. In addition, it is the purpose of this title to implement the policies and programs of the Trinidad Ggeneral Pplan. [Ord. 166 § 1.03, 1979].

17.04.040 Conformity with the Ggeneral Pplan.

This title is based on, and is intended to be consistent with, the policies, programs and land use designations of the Trinidad Ggeneral Pplan. If the Trinidad Ggeneral Pplan is amended and is no longer consistent with this title, this title shall be amended so it is consistent with the Trinidad Ggeneral Pplan as amended. Any amendments to this title adopted by the Ccity Ccouncil shall be consistent with the policies, programs and land use designations of the Trinidad Ggeneral Pplan. [Ord. 166 § 1.04, 1979].

17.04.050 Conflict of regulations.

A. In addition to the regulations specified in Chapters 17.16 through 17.48 of this title for each of the principal zones, the general regulations set forth in Chapters 17.56 through 17.64 TMC shall be applicable to each and every such zone. In the event of conflict between the particular regulations set forth in this title and the general regulations set forth in Chapters 17.56 through 17.64 TMC, the general regulations of Chapters 17.56 through 17.64 TMC shall apply. [Ord. 166 § 4.01, 1979].

17.76.030 Conflict with other regulations and private agreements.

B. Where conflict occurs between the provisions of this title and the Bbuilding Ccode or other regulations effective within the Ccity, the more restrictive of any such regulations shall apply. It is not intended that this title shall interfere with or abrogate or annul any easements, covenants, or other agreements not in effect,; provided, however, that where this title imposes a greater restriction upon the use of buildings or premises than are imposed or required by such agreements, the provisions of this title shall control. [Ord. 166 § 7.22, 1979].

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Chapter 17.08

DEFINITIONS
Sections:

17.08.010 ConstructionMeaning of certain words.

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 Iinspector.

17.08.090 Campground.

17.08.100 City, city council.

17.08.110 City Cclerk.

17.08.112 City Council.

17.08.114 City Manager.

17.08.120 Coastal Commission.

17.08.130 Coastal Ddevelopment Ppermit.

17.08.140 Coastal Zzone.

17.08.150 Condominium.

17.08.170 DBHdbh.

17.08.180 Density.

17.08.182 Design Assistance Committee.

17.08.185 Disability.

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.

17.08.269 Fair housing laws.

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 Pplan.

17.08.330 Grade.

17.08.340 Guesthouse.

17.08.345 Hearings Officer.

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.

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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.

17.08.653540 Parking lot, public.

17.08.540 Person.

17.08.545 Planning Commission.

17.08.550 Public works project.

17.08.555 Reasonable accommodation

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.

17.08.605 Short Term Rental (STR).

17.08.610 Sign.

17.08.620 Sign, freestanding.

17.08.630 Sign, off-premises.

17.08.640 Parking lot, public.

17.08.650 Sign, on-premises.

17.08.6535 Single room occupancy unit.

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.

17.08.696 TMC.

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.

17.08.780 Zoning Administrator.

17.08.010 Meaning of certain wordsConstruction.

A. Unless the context otherwise requires, the definitions set forth or otherwise provided for in this chapter shall be used in the interpretation and construction of this title. Words used in the present tense include the future; the singular number shall include the plural, and the plural the singular; the word “building” shall include the word “structure,” and the word “shall” is mandatory.

B. The definitions included in Appendix A of the ordinance codified in this title shall constitute supplementary definitions to be used in the interpretation and construction of this title. [Ord. 166 §§ 2.02, 2.03, 1979].

17.08.020 Advertising area.
“Advertising area” means the total number of square feet within the boundaries of a parallelogram or triangle which encloses the message, word, symbol, design, picture or visual medium visible on the surface of any sign. For signs where the letters of a word are each located on separate surfaces facing in the same direction the advertising area Trinidad Municipal Code
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shall be the total number of square feet within the boundary of separate parallelograms enclosing each letter. Where a sign includes surfaces facing in different directions the advertising area shall be the largest total of advertising area visible from any one direction and in the case of a cylindrical and spherical shaped sign the advertising area shall be the largest cross-section thereof. [Ord. 166 Appx. A, 1979].

17.08.030 Aggrieved person.
“Aggrieved person” means any person who, in person or through a representative, appears at a public hearing of the Ccity in connection with the decision or action appealed, or who, by other appropriate means prior to a hearing, informs the Ccity of the nature of his concerns or who for good cause is unable to do either. “Aggrieved person” includes the applicant for a permit. [Ord. 166 Appx. A, 1979].

17.08.040 Agriculture.
“Agriculture” means the tilling of the soil, the raising of crops, horticulture, vitaculture, small livestock farming, dairying, and/or animal husbandry, including all uses customarily incidental thereto but not including slaughterhouses, fertilizer yards, bone yards, or plants for the reduction of animal matter or any other industrial use which is similarly objectionable because of noise, odor, smoke, dust, or fumes. [Ord. 166 Appx. A, 1979].

17.08.050 Bluff.
“Bluff” means a scarp or steep face of rock, decomposed rock, sediment or soil resulting from erosion, faulting, folding or excavation of the land mass. The bluff may be simple planar or curved surface or it may be steplike in section. For the purposes of this title, “bluff” is limited to those features having vertical relief of 10 feet or more. “Bluff edge” is the upper termination of a bluff. When the top edge of the bluff is rounded away from the face of the bluff as a result of erosional processes related to the presence of the steep bluff face, the edge shall be defined as that point nearest the bluff beyond which the downward gradient of the land surface increases more or less continuously until it reaches the general gradient of the bluff. In a case where there is a steplike feature at the top of the bluff face, the landward edge of the topmost riser shall be taken to the bluff edge. [Ord. 166 Appx. A, 1979].

17.08.060 Building.
“Building” means any structure having a roof supported by columns and/or by walls and intended for the shelter, housing and/or enclosure of any person, animal, or chattel. When any portion thereof is completely separated from every other portion thereof by a masonry division or fire wall without any window, door or other opening therein, which wall extends from the ground to the upper surface of the roof at every point, then each portion shall be deemed to be a separate building. [Ord. 166 Appx. A, 1979].

17.08.070 Building, accessory.
“Accessory building” means a subordinate building, the use of which is incidental to that of a main building on the same lot. On any lot upon which is located a dwelling, any building which is incidental to the conducting of any agricultural use shall be deemed an accessory building. [Ord. 166 Appx. A, 1979].

17.08.080 Building Iinspector.
“Building Iinspector” means the Bbuilding Iinspector of the Ccity of Trinidad. [Ord. 166 § 2.01, 1979].

17.08.090 Campground.
“Campground” means a lot on which two or more recreational vehicles or tents are parked or located and used for sleeping or eating purposes. [Ord. 166 Appx. A, 1979].

17.08.100 City, city council.
“City” means the Ccity of Trinidad. [Ord. 166 § 2.01, 1979].;

17.08.110 City Cclerk.
“City Cclerk” means the Ccity Cclerk of the Ccity of Trinidad. [Ord. 166 § 2.01, 1979].

17.08.112 City Ccouncil.
“Ccity Ccouncil” or Council means the Ccity Ccouncil of the City of Trinidad. [Ord. 166 § 2.01, 1979].; “planning commission” means the planning commission of the city or a hearings officer appointed by the city council if the officer is acting in the commission’s stead. [Ord. 166 § 2.01, 1979].

17.08.1141. City Manager.
“City Manager” means the City Manager of the City of Trinidad or their designee.

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17.08.120 Coastal Commission.
“Coastal Commission” means the California Coastal Commission as established in the California Coastal Act of 1976. [Ord. 166 Appx. A, 1979].

17.08.130 Coastal Ddevelopment Ppermit.
“Coastal Ddevelopment Ppermit” means a permit for any development within the Ccoastal Zzone that is required pursuant to Section 30600(a) of the California Coastal Act of 1976. [Ord. 166 Appx. A, 1979].

17.08.140 Coastal Zzone.
“Coastal Zzone” means that land and water area of the state State of California in the city limits of the Ccity of Trinidad, specified on the maps identified and set forth in Section 17 of the California Coastal Act of 1976. [Ord. 166 Appx. A, 1979].

17.08.150 Condominium.
“Condominium” means an estate in real property consisting of an undivided interest in common in a portion of a parcel of real property together with a separate interest in a space in a residential, industrial or commercial building on such real property, such as an apartment, office, or store. A condominium may include, in addition, a separate interest in other portions of such real property. [Ord. 166 Appx. A, 1979].

17.08.170 DBHdbh.
“DBHdbh” means the diameter at breast height of a tree as computed by a licensed forester. [Ord. 166 Appx. A, 1979].

17.08.180 Density.
“Density” means the total number of square feet in a lot divided by the number of dwelling units located on the lot. [Ord. 166 Appx. A, 1979].

17.08.182 Design Aassistance Committee.
“Design Assistance Committee” or DAC shall mean the Design Assistance Committee of the City of Trinidad. The DAC shall consist of the Planning Commission or an alternative committee consisting of no fewer than three residents of the City if appointed by majority vote of the City Council.

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

17.08.200 Development.
“Development” means on land, in or under water, the placement or erection of any solid material or structure; discharge or disposal of any dredged material or of any gaseous, liquid, solid, or thermal waste; removing, dredging, mining, or extraction of any materials; change in the density or intensity of use of land, including, but not limited to, subdivision pursuant to the Subdivision Map Act (commencing with Section 66410 of the Government Code), and any other division of land, including lot splits, except where the land division is brought about in connection with the purchase of such land by a public agency for public recreational use; change in the intensity of use of water, or of access thereto; construction, reconstruction, demolition, or alteration of the size of any structure, including any facility of any private, public, or municipal utility; and the removal or harvesting of major vegetation other than for agricultural purposes, kelp harvesting, and timber operations which are in accordance with a timber harvesting plan submitted pursuant to the provisions of the Z’berg-Nejedly Forest Practice Act of 1973 (commencing with Section 4511), or as currently defined in Public Resources Code Section 30106. [Ord. 166 Appx. A, 1979].

17.08.210 Duplex.
“Duplex” means a freestanding building designed for and/or occupied by two families living independently of each other and with individual and separate cooking facilities. [Ord. 166 Appx. A, 1979].

17.08.220 Dwelling, multifamily.
“Multifamily dwelling” means a building or portion thereof used and/or designed as a residence for three or more families living independently of each other, and doing their own cooking in the said building including apartment houses, but not including transient accommodations. [Ord. 166 Appx. A, 1979].

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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 the National Manufactured 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. [Ord. 84-180 § 6, 1984; Ord. 175 § 5, 1981; Ord. 166 Appx. A, 1979].

17.08.240 Dwelling, townhouse.
“Townhouse dwelling” means a dwelling unit with a ground level story located in a building which includes two or more such dwelling units and each dwelling unit, together with the underlying lot, is owned separately from any other dwelling unit and lot. [Ord. 166 Appx. A, 1979].

17.08.250 Dwelling unit.
“Dwelling unit” means one room, or a suite of two or more rooms in a building designed for, intended for, or used by one family, which family lives, sleeps and cooks therein and which unit has one kitchen or kitchenette. [Ord. 166 Appx. A, 1979].

17.08.260 Emergency.
“Emergency” means a sudden, unexpected occurrence demanding immediate action to prevent or mitigate loss or damage to life, health, property or essential public services. [Ord. 84-180 § 6, 1984].

17.08.267 Employee hHousing
“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.

7.08.269 Fair hHousing lLaws.
"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.

17.08.270 Family.
“Family” means one or more persons living together as a household in a dwelling unit. [Ord. 90-204 § 2(T), 1990; Ord. 166 Appx. A, 1979].

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 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.

Aa. “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.

Bb. “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.

Cc. 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 Trinidad Municipal Code
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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.

17.08.280 Feasible.
“Feasible” means capable of being accomplished in a successful manner within a reasonable period of time, taking into account economic, environmental, social and technological factors. [Ord. 166 Appx. A, 1979].

17.08.290 Fence.
“Fence” means a masonry wall, or a barrier composed of posts connected by boards, rails, panels, or wire for the purpose of screening, enclosing space or separating parcels of land, but not including retaining walls. [Ord. 166 Appx. A, 1979].

17.08.300 Fill.
“Fill” means earth or any other substance or material, including pilings placed for the purposes of erecting structures thereon, placed on any lands, including submerged areas. [Ord. 166 Appx. A, 1979].

17.08.310 Floor area, gross.
“Gross floor area” means the enclosed area of a building measured from an exterior surface to exterior surface, but excluding the following: exterior balconies and galleries covered but not enclosed; patios, atria and the like if not covered; common use areas for all tenants; garages and carports; major mechanical equipment rooms. [Ord. 166 Appx. A, 1979].

17.08.320 General Pplan.
“General Pplan” means the Trinidad Ggeneral Pplan, as amended, including the Sseismic Ssafety, Ppublic Ssafety, Nnoise and Sscenic Hhighway Eelements adopted in 1975 and the following elements adopted in 1976: Lland Uuse (including sections on existing land use, commercial development, and visitor accommodations), Ccirculation, Hhousing, Oopen Sspace and Cconservation (including sections on unstable slopes, soil characteristics, water resources, and biological resources), Rrecreation, Ppublic Sservices and Ccommunity Ddesign. [Ord. 166 Appx. A, 1979].

17.08.330 Grade.
“Grade” means the average of the finished ground level at the center of all walls of a building. [Ord. 166 Appx. A, 1979].

17.08.340 Guesthouse.
“Guesthouse” means a structure accessory to a dwelling with sleeping and bathroom facilities that is not continuously occupied for residential purposes, and lacking any kitchen facilities. [Ord. 166 Appx. A, 1979].

17.08.345 Hearings Officer.
“Hhearings Oofficer” shall mean a person appointed by the Ccity Ccouncil if the officer isto acting in the Planning Ccommission’s stead. [Ord. 166 § 2.01, 1979].

17.08.350 Height.
“Height” means the vertical distance from the grade to the highest point of the coping of a flat roof, or to the deck line of a mansard roof, or to the average height of the highest gable of a pitch or hip roof. [Ord. 166 Appx. A, 1979].

17.08.360 Home occupation.
“Home occupation” means a use customarily conducted within a dwelling or accessory building by the inhabitants of the dwelling and which use is clearly incidental and secondary to the use of the premises for dwelling purposes and does not change the character of the dwelling or premises. [Ord. 166 Appx. A, 1979].

17.08.370 Kennel.
“Kennel” means any premises, except those accessory to an agricultural use, where five or more small domestic animals, not sick or injured, are boarded for compensation or cared for or trained for hire, or are kept for sale or breeding purposes. [Ord. 166 Appx. A, 1979].

17.08.380 Lot.
“Lot” means a tract of land lawfully established and officially recorded in the county assessor’s office, which constitutes a unit of land under single ownership. [Ord. 166 Appx. A, 1979].

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17.08.390 Lot area.
“Lot area” means the total horizontal area included within lot lines. [Ord. 166 Appx. A, 1979].

17.08.400 Lot, corner.
“Corner lot” means a lot at the junction of and abutting on two or more intersecting streets where the angle of intersection is 130 degrees or less. [Ord. 166 Appx. A, 1979].

17.08.410 Lot frontage.
“Lot frontage” means the line separating a lot from the street, in the case of an interior lot, and the line separating the narrowest street frontage from the street in the case of a corner lot. [Ord. 166 Appx. A, 1979].

17.08.420 Lot, interior.
“Interior lot” means a lot other than a corner lot. [Ord. 166 Appx. A, 1979].

17.08.430 Lot lines.
“Lot lines” means the lines bounding a lot as defined in this chapter. [Ord. 166 Appx. A, 1979].

17.08.440 Lot line, rear.
“Rear lot line” means the boundary of a lot opposite and most nearly parallel to the front lot line. [Ord. 166 Appx.

A, 1979].

17.08.450 Lot, nonconforming.
“Nonconforming lot” means any lot existing and recorded as a separate parcel in the office of the Ccounty Aassessor at the effective date of the ordinance codified in this title which does not conform to the area or width requirements of the district in which it is located or does not conform to the subdivision regulations of the Ccity. [Ord. 166 Appx.

A, 1979].

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.

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 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. [Ord. 166 Appx. A, 1979].

17.08.470 Mobilehome park.
“Mobilehome park” means a lot on which two or more mobilehomes are located and used for sleeping, cooking and eating purposes. [Ord. 166 Appx. A, 1979].

17.08.480 Motel, inn.
“Motel, inn” means a building or group of buildings which is occupied or intended for occupancy by six or more unrelated individuals and to whom rooms are rented for sleeping purposes, with or without meals, and in addition is not used for the service of meals to persons not residing in the said building. [Ord. 166 Appx. A, 1979].

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17.08.490 New.
“New” means any use established, building or structure constructed, development undertaken, or lot created after the effective date of the ordinance codified in this title. [Ord. 166 Appx. A, 1979].

17.08.500 Nonconforming.
“Nonconforming” means a structure and/or land use which was lawfully established but which does not now conform with the land use, yard, height, or other requirements and conditions of this chapter. [Ord. 166 Appx. A, 1979].

17.08.510 Off-street parking.
“Off-street parking” means a site, or portion of a site, devoted to the off-street parking of vehicles, including parking spaces, aisles, access drives and landscaped areas. [Ord. 166 Appx. A, 1979].

17.08.520 Off-street loading.
“Off-street loading” means a site, or portion of a site, devoted to the loading or unloading of vehicles, including loading berths, aisles, access drives, and landscaped areas. [Ord. 166 Appx. A, 1979].

17.08.530 Ownership.
“Ownership” means ownership of property or possession thereof under a contract to purchase or under a lease, the term of which is not less than 10 years by a person or persons, firm, corporation, or partnership (individually, jointly, in common, or in any other manner), whereby such property is under single or unified control. The term shall include condominium ownership. The term “owner” shall be deemed to mean the person, firm, corporation, or partnership holding legal or equitable title or recorded contract of purchase of property, or any person authorized by written instrument to act for the owner. [Ord. 166 Appx. A, 1979].

17.08.535640 Parking lot, public.
“Public parking lot” means an open area, other than a street or alley, used for the parking or storage of vehicles, and available for public use, for compensation. [Ord. 166 Appx. A, 1979].

17.08.540 Person.
“Person” means any individual, public, or private corporation, political subdivision, partnership, firm, trust or estate or any other legal entity whatsoever which is recognized in law as the subject of rights or duties. [Ord. 166 Appx. A, 1979].

17.08.545 Planning Commission.
“Pplanning Ccommission” means the Pplanning Ccommission of the Ccity of Trinidad or a Hhearings Oofficer appointed by the Ccity Ccouncil if the Oofficer is acting in the Ccommission’s stead. [Ord. 166 § 2.01, 1979].

17.08.550 Public works project.
“Public works project” means any project by a public agency that is included in Section 30114 of the California Coastal Act of 1976 and any energy facility development within the meaning of Section 30197 of the California Coastal Act of 1976. [Ord. 166 Appx. A, 1979].

17.08.555 Reasonable aAccommodation.
"Reasonable accommodation" shall mean a modification in the application of land use or zoning regulations, policies, procedures, or practices when necessary to eliminate 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.

17.08.560 Recreation, commercial.
“Commercial recreation” means recreation facilities open to the general public for a fee, or restricted to members, when operated for profit as a business. [Ord. 166 Appx. A, 1979].

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. [Ord. 166 Appx. A, 1979].

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17.08.575 Residential care facility.
“Residential care facility” means any family home, group care facility, or similar facility as determined by the State Department 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.

17.08.580 Rest home.
“Rest home” means a structure operated as a lodging house in which nursing, dietary, and other personal services are rendered to no more than six convalescents, invalids, or aged persons, not including persons suffering from contagious or mental diseases, alcoholism, or drug addiction, and in which surgery is not performed and primary treatment, such as customarily is given in hospitals or sanitariums, is not provided. [Ord. 166 Appx. A, 1979].

17.08.590 Servants’ quarters.
“Servants’ quarters” means a dwelling unit, with a kitchen, accessory to a single-family dwelling occupied by an employee of the landowner who manages or otherwise cares for the owner’s premises. [Ord. 166 Appx. A, 1979].

17.08.600 Services, personal and professional.
“Personal and professional services” means beauty and barber shops; offices for doctors, dentists and others engaged in the human healing arts, provided no overnight care is given; offices for engineers, attorneys, architects, real estate sales, insurance, travel agencies, ambulance services, bail bonds, art and photography studios, and other such services which in the opinion of the Pplanning Ccommission are similar to the above, and do not involve the sale or repair of merchandise or equipment. [Ord. 166 Appx. A, 1979].

17.08.60514. Short Term Rental (STR).
“Short Term Rental” (STR) means a rental of any dwelling in whole or in part, within the City of Trinidad, to any person(s) for transient use, other than (1) a permitted bed and breakfast, (2) ongoing month-to-month tenancy granted to the same renter for the same dwelling, (3) one less than 30-day rental per year, or (4) a house-exchange for which there is no payment.

17.08.610 Sign.
“Sign” means any message, word, symbol, design, picture or visual medium which is intended to draw attention to a product, service, business, person, institution, or location and is placed or painted on the ground, or on any tree, wall, fence, rock, structure or thing whatsoever and placed thereon whether indoor or outdoor, so as to be visible from off premises, exclusive of legal notices, safety and directional signs posted by public agencies. [Ord. 166 Appx. A, 1979].

17.08.620 Sign, freestanding.
“Freestanding sign” means a sign which is supported by one or more uprights, poles, or braces in or upon the ground, and which is self-supporting in a fixed location and not attached to a building or structure. [Ord. 166 Appx.

A, 1979].

17.08.630 Sign, off-premises.
“Off-premises sign” means a sign other than an on-site sign and includes signs erected by the outdoor advertising industry in the conduct of the outdoor advertising business. [Ord. 166 Appx. A, 1979].

17.08.640 Parking lot, public.
“Public parking lot” means an open area, other than a street or alley, used for the parking or storage of vehicles, and available for public use, for compensation. [Ord. 166 Appx. A, 1979].

17.08.650 Sign, on-premises.
“On-premises sign” means a sign relating in its subject matter to accommodations, services, commodities, or activities on the premises upon which it is located as distinguished from a sign which directs attention to or advertises an occupancy, accommodation, service, or activity supplied or originating on other premises. [Ord. 166 Appx. A, 1979].

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Chapter 17.08 DEFINITIONS

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17.08.6535 Single room occupancy units.
“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.

17.08.660 Story.
“Story” means that portion of a building included between the surface of any floor and the surface of the next floor above it, or, if there is no floor above it, the space between the floor and the ceiling next above it. [Ord. 166 Appx.

A, 1979].

17.08.670 Street.
“Street” means land owned and designated by the Ccity of Trinidad, Humboldt County, or the Sstate of California as a public thoroughfare and which affords the primary means of access to abutting property. [Ord. 166 Appx. A, 1979].

17.08.680 Structure.
“Structure” means anything constructed, the use of which requires permanent location on the ground, or attachment to something having a permanent location on the ground. [Ord. 166 Appx. A, 1979].

17.08.690 Structure, accessory.
“Accessory structure” means a detached building or structure, other than a sign, the use of which is accessory to the use of the lot. [Ord. 166 Appx. A, 1979].

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.

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)

17.08.696 TMC.
“TMC” means the Trinidad Municipal Code.

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 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.

17.08.700 Use.
“Use” means the purpose for which either land or water or a structure thereon is designed, arranged, or intended, or for which it is, or may be, occupied or maintained. [Ord. 166 Appx. A, 1979].

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Chapter 17.08 DEFINITIONS

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17.08.710 Use, accessory.
“Accessory use” means a subordinate use which is customarily incidental to the primary use of the premises, and which does not alter or change the character of the premises. [Ord. 166 Appx. A, 1979].

17.08.720 Use, principal permitted.
“Principal permitted use” means the primary use of land or of a main building which use is intrinsically compatible with the purpose of the zone and which is permitted in the zone. If a use is listed in a specific zone as a principal permitted use, it means that the owner, lessee, or other person who has legal right to use the land has a vested right to conduct such principal permitted use in accordance with the other zoning regulations without securing special permission therefor, subject only to design and environmental impact review procedures. [Ord. 166 Appx. A, 1979].

17.08.730 Yard.
“Yard” means an open space abutting a lot line unobstructed and unoccupied from the ground upward except for certain exceptions allowed herein. A yard shall be measured at right angles to the lot line and shall extend into the lot to the exterior wall of the building. [Ord. 166 Appx. A, 1979].

17.08.740 Yard, front.
“Front yard” means a yard extending the full width of the lot abutting the front lot line. [Ord. 166 Appx. A, 1979].

17.08.750 Yard, rear.
“Rear yard” means a yard extending the full width of the lot abutting the rear lot line. [Ord. 166 Appx. A, 1979].

17.08.760 Yard, side.
“Side yard” means a yard which extends from the front yard, or front lot line where no front yard exists, to the rear yard or rear lot line where no rear yard exists and abutting the side lot line. [Ord. 166 Appx. A, 1979].

17.08.770 Zone.
“Zone” means a portion of the territory of the Ccity within which certain uniform regulations and requirements or combinations thereof apply under the provisions of these regulations. [Ord. 166 Appx. A, 1979].

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

Trinidad Municipal Code
Chapter 17.12 ESTABLISHMENT AND DESIGNATION

OF ZONES

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Chapter 17.12

ESTABLISHMENT AND DESIGNATION OF ZONES
Sections:

17.12.010 Use restrictions.

17.12.020 Principal and combining zones.

17.12.030 Location and boundaries of zones.

17.12.040 Zoning map.

17.12.050 Determination of boundaries.

17.12.060 Limitations on structures and lots.

17.12.070 Zoning of annexed property.

17.12.010 Use restrictions.

No building or part thereof or other structure shall be erected, altered, added to or enlarged, nor shall any land, water, building, structure or premises be used, designated, or intended to be used, for any purpose or in any manner other than is included among the uses hereinafter listed as permitted in the zone in which such land, water, building or premises is located. [Ord. 166 § 3.01, 1979].

17.12.020 Principal and combining zones.

The several principal zones into which the Ccity may be divided shall be those included in Chapters 17.16 through

17.48 TMC. The several combining zones into which the Ccity may further be divided shall be those included in Chapter 17.52 TMC. [Ord. 166 § 3.02, 1979].

17.12.030 Location and boundaries of zones.

The designation, location and boundaries of the principal and combining zones shall be as delineated on the Zzoning Mmap of the Ccity. The Said map and all notations, references, data and other information shown thereon shall be a part of these regulations and subject thereto, and such map shall constitute TMC 17.12.040. [Ord. 166 § 3.03, 1979].

17.12.040 Zoning map.

This section consists of the Zzoning Mmap of the Ccity, which map may be amended in whole or in part in accordance with the amendment procedure set forth in Chapter 17.68 TMC. A copy of the Zzoning Mmap shall be kept on file in the office of the Ccity Cclerk. [Ord. 166 § 3.04, 1979].

17.12.050 Determination of boundaries.

Where uncertainty exists with respect to the boundaries of the various zones, the following rules shall apply:

A. Streets or Alleys. Where the indicated zoning boundaries are approximately street or alley lines, the center lines of such streets or alleys shall be construed to be the boundaries.

B. Lot Lines. Where the indicated boundaries are approximately lot lines, the lot lines shall be construed to be the boundaries of the said zone.

C. Vacated Street or Alley. In the event a dedicated street or alley is vacated by ordinance, the property formerly in the said street or alley shall be included within the zone of the adjoining property on either side of the street or alley.

In the event the said street or alley was a zone boundary between two or more different zones, the new zone boundary shall be the former center line of the vacated street or alley.

17.12.060 Limitations on structures and lots.

OF ZONES

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Trinidad City CouncilFebruary 13, 2024

Trinidad City Council
February 13, 2024