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Land Use Regulations and Permits
Trinidad - An Incorporated City
Trinidad was incorporated as a City in 1870. Periods of growth and
decline have followed changes in industries: gold rush days, timber,
whaling, fishing, and tourism. Although Trinidad is its own political
entity, it is still subject to a variety of State and Federal laws,
everything from those governing conduct at public meetings to water
quality regulations.
Municipal Code
As an incorporated City, Trinidad has its own set of laws - our
Municipal Code. The Municipal Code includes all the laws (ordinances)
that have been passed by the City Council since Trinidad’s
inception. The ordinances were “codified” into a single
volume in 1990. Trinidad City Council can and does regularly update
old ordinances and write new ones as needed. Remember, laws in Trinidad
may be different than those in other cities with which you are familiar.
General Plan
The State of California requires that each municipality (or county)
“prepare and adopt a comprehensive, long-term general plan
for the physical development of the county or city, and any land
outside its boundaries which, in the planning agency’s judgment,
bears relation to its planning.” The General Plan guides the
physical and land use aspects of the City on a time scale of approximately
20 years by outlining policies of the City for a variety of land
and resource use and development topics.
After several studies and a series of public hearings, Trinidad adopted its first General Plan in 1976. In that same year, the legislature enacted the Coastal Act, as the result of a voter initiative passed in 1972 to protect the State’s more than 1000 miles of coastline. Since Trinidad is located in the Coastal Zone, the City had to amend the new General Plan to be consistent with the Coastal Act. The amended General Plan was approved by the City in 1978.
An update of our General Plan began in 1998 but has not yet been completed. The General Plan guides development in the City as well as forms the basis for many of our planning policies and ordinances.
Implementing Ordinances
Title 17 of the Municipal Code contains the City’s Zoning
Ordinance. The Zoning Ordinance contains specific land use regulations
to implement the policies in the General Plan. These laws spell
out the different land use zones in the City, what types of structures
and uses can be put in those zones, and regulations about height,
overall size, signs, parking, and other design issues. The Zoning
Ordinance and General Plan must be consistent with each other. Other
ordinances that are not used as much, but also implement policies
of the General Plan and various State laws include the City’s
Subdivision (Title 16) and Grading (Chapter 15.16) ordinances.
If you want to build or remodel a house or other structure, start a business, or change the use of a property, these ordinances will affect your plans.
Hard copies of the Zoning Ordinance, and other City documents may be purchased from the City Clerk and will soon be available online.
Local Coastal Plan (LCP)
The Coastal Act requires all jurisdictions within the Coastal Zone
to adopt a Local Coastal Plan (LCP). Trinidad’s LCP consists
of the City’s General Plan and implementing ordinances (Zoning,
Subdivision and Grading ordinances). While each LCP reflects unique
characteristics of individual local coastal communities, regional
and statewide interests and concerns must also be addressed in conformity
with Coastal Act goals and policies. Following adoption by the City
Council, an LCP is submitted to the Coastal Commission for review
for consistency with Coastal Act requirements. Trinidad’s
1980 LCP was the first in the State to be certified by the Coastal
Commission.
The California Coastal Commission was established by voter initiative in 1972 (Proposition 20) and later made permanent by the Legislature through adoption of the California Coastal Act of 1976.The Coastal Commission, in partnership with coastal cities and counties, plans and regulates the use of land and water in the coastal zone. Information about the Commission's purpose and programs may be found at: [http://www.coastal.ca.gov]
Development Permits
In general, the more intense your project is in terms of structural
modification, ground disturbance, vegetation alteration, or even
costs, the more likely it is that you will need permits. The City
Planner, Engineer, Building Inspector, and City Clerk are charged
with the responsibility of issuing various types of permits. Many
City regulations and permit requirements are mandated by the State,
and others are unique to Trinidad in an attempt to preserve our
town’s character.
Encroachment Permit
This is a simple permit for events or projects that may temporarily
“encroach on,” i.e. “use,” public property.
For example, blocking part of the street or an event at Trinidad
Beach would require an encroachment permit.
The City Clerk issues encroachment permits (current fee: $50).
Two suggestions to avoid problems:
1. Be specific - Be complete and accurate in your description
of what you intend to do. If you or your contractor initiate other
projects not specified on the permit, your project may be stopped.
2. Plan ahead - Allow time for processing. These permits
must circulate through various departments for approval. Allow at
least several days or more for processing.
Planning Department Permits & Design Review
State law requires local jurisdictions to adopt
a General Plan and Zoning Ordinance to regulate land use in an orderly
manner that protects the public health and welfare. The City is
also required to implement certain State laws such as the Subdivision
Map Act and Coastal Act. The Trinidad Planning Commission and Planning
Staff are responsible for implementing the City’s Land Use
and Zoning regulations.
Permits issued by the Planning Commission are: Design Review, Coastal Development, Grading, Conditional Use Permits, and less commonly Subdivisions, Variances, and Lot Line Adjustments
Coastal Development Permits (CDP)
Because Trinidad lies within the state-established
Coastal Zone, some projects will require a Coastal Development Permit
(CDP). The City Clerk and Planning Department will determine if
your project requires such a permit. In general, approval under
the LCP of another planning permit (such as design review), constitutes
approval of the CDP.
CEQA Review
CEQA refers to the California Environmental Quality
Act (commencing with Public Resources Code Section 21000). In general,
CEQA requires that all private and public projects be reviewed prior
to approval for their potential adverse effects upon the environment.
Most residential projects within Trinidad are exempt from CEQA.
If your project needs an environmental analysis under CEQA, staff
will let you know when you submit an application.
Building Permits
Building permits are issued to ensure that construction
within the City adheres to the Uniform Building Code, and other
City requirements such as conformance with a design review approval.
Common permits include simple projects such as re-roofing or relocating
your propane tank, or more complicated projects such as remodeling,
additions, or new home construction. Fees are based on the value
of the improvement.
Cost
The cost is relative to the complexity of the project.
Some permits require only a flat fee, and others require a deposit.
Deposits are pre-determined and required prior to submitting an
application to the City.
Subsequent invoices are sent to recover costs that exceed the deposit amount. Applicants are charged only what it costs the City to process the permit.
Rather than guess about application fees, bring your project to the City Clerk who will explain fee schedules and refer your project to the proper agencies.
Better Safe Then Sorry
Advice: don’t guess or rely on what a neighbor tells you about
whether or not you need a permit. Contact the City Clerk for accurate
information - you will save yourself time, money, and frustration.
How To Avoid Problems?
These suggestions will help you prepare and process a project with
the least time, money, and frustration:
1. Start early - contact the City Clerk as soon as you decide on
a project.
2. Be specific - explain everything you intend to do.
3. Follow proper procedures - rely on instructions from city staff,
not neighbors or based on your experience in another city.
4. Keep your neighbors and the City informed about your plans. Fewer
surprises mean fewer delays.
Some final thoughts...
The Planning Commission, City Council, and City staff
must balance individual rights and plans with community goals expressed
in the General Plan and Municipal Code. We want our permitting and
approval process to be clearly understood, efficient, and with the
least cost to the applicant. If you have any questions about information
in this information, please contact the City Clerk.
Getting started
Contact the City clerk, who can provide you with the necessary application
materials and refer you to the appropriate staff.
Trinidad City Clerk
677-0223 phone
677-3759 fax
trinidadcityclerk@cox.net
- email