FAQs: Frequently Asked Questions
In 1976, the California Legislature enacted the Coastal Act, which created a mandate for coastal jurisdictions to manage the conservation and development of coastal resources through a comprehensive planning and regulatory program called the Local Coastal Program (LCP). The primary goal of the LCP is to ensure that the local government’s land use plans, zoning ordinances, zoning maps, and implementation actions within the Coastal Zone are consistent with the requirements, provisions, and policies of the California Coastal Act.
The LCP consists of two components: The Land Use Plan (LUP), and the Implementation Plan (IP). The Land Use Plan, which is essentially equivalent to a General Plan outside the Coastal Zone, is a broad, long-range policy document that guides resource protection and future development in the Coastal Zone. The LUP is implemented through the IP, which is made up of the implementing land use ordinance, including the Zoning Ordinance (TMC Title 17), Subdivision Ordinance (TMC Title 16), Building Ordinance (TMC Chapter 15.04), and Grading Ordinance (TMC Chapter 15.16).
The LCP is reviewed by the California Coastal Commission and certified for consistency with the California Coastal Act. Once certified, the local LCP is the standard of review for development in the Coastal Zone, with the exception of areas where jurisdiction is retained by the Coastal Commission, which includes public trust lands and tidelands. Projects located between the first public road and the sea; within 300 feet of a beach or the mean high tideline where there is no beach; within 300 feet of a coastal bluff edge; or within 100 feet of a wetland, estuary, or stream are appealable to the Coastal Commission.
Trinidad’s LCP was the first in the state to be certified under a pilot program in 1980. It has not been substantially updated since then. Due to the age of the City’s LCP, the City also has to rely on the Coastal Act policies and regulations. Generally the stricter of the two regulations is used as the standard of review. The City has been working many years on updating its LCP. But it is a significant undertaking, and Trinidad has limited staff and budget. The City is currently working under a grant from the Coastal Commission to finish the update of both the LUP and IP by the end of 2025. More information about the LCP can be found here.
The Coastal Zone was legislatively mapped under the California Coastal Act of 1976; the Coastal Commission is the sole authority with regard to interpretation or modification of the Coastal Zone boundary. This area is generally defined as the area between the first coastal ridgeline and a point 3 miles seaward of the line of mean high tide line. This distance can vary – typically being smaller in urban areas and larger in sensitive environments. Trinidad is essentially entirely in the Coastal Zone.
Typically, there are more permit requirements in the Coastal Zone. The additional requirements protect coastal resources such as beaches, public access, and views, environmentally sensitive habitat areas and recreational opportunities. “Development” is broadly defined by the Coastal Act. In general, all activities are considered development unless specifically listed as exempt from permit requirements by the Local Coastal Plan or the Coastal Commission regulations. Coastal development also includes activities not generally associated with development such as lot line adjustments, temporary events, changes of use, and even some maintenance and repair activities.
The California Environmental Quality Act (CEQA) generally requires state and local governments to inform decision makers and the public about the potential environmental impacts of proposed projects and to reduce those environmental impacts to the extent feasible. Different levels of review and analysis are required depending on the scope of a project and its potential impacts. Most residential projects in Trinidad are exempt from CEQA. More information on CEQA can be found here
An Environmentally Sensitive Habitat Area (ESHA) is an area in which plant or animal life or their habitats are either rare or especially valuable because of their specific nature or role in an ecosystem, and which could be easily disturbed or degraded by human activities and developments. Some mapping of known or likely ESHA is included in the Draft Conservation, Open Space, and Recreation Element.
However, ESHA can occur almost anywhere and sites are evaluated on a case-by-case basis. Environmental review is part of the Coastal Development Permit process, and any site that meets the criteria for an ESHA is given all the protection provided the LCP and/or Coastal Act policies for protection of ESHAs. Special studies by qualified professionals may be needed to determine if your property contains ESHA.
All properties within the City are assigned a zoning classification. For example, many properties are assigned a UR or Urban Residential zoning classification. The zoning establishes the distribution, location, and extent of the uses of property. For example, the zoning regulations specify building height and setback requirements as well as allowable uses for each zone.
Because Trinidad is so small, the zoning classifications are the same as the land use designations in the General Plan/Land Use Plan. The regulations for each of the nine zoning classifications in Trinidad are described in the City’s Zoning Ordinance (TMC Title 17). The Zoning Map can be found at the following link. Note that in addition to the regulations specific to each zone that are found in Chapters 17.16 through 17.48, the other zoning regulations generally apply to all zones.
First you will need to check the Zoning Map (link) to determine what zoning classification your property has. The regulations for each of the zoning classifications in Trinidad are described in the City’s Zoning Ordinance (TMC Title 17). Note that in addition to the regulations specific to each zone that are found in Chapters 17.16 through 17.48, the other zoning regulations in Title 17 generally apply to all zones.
Setbacks are required distances between the vertical walls of buildings and property boundaries. Generally, they are described as front, rear and side yard setbacks. Setbacks vary from zero to thirty feet depending on the zoning classification for the property. Typically, the front yard faces the road. However, irregularly shaped parcels or parcels that abut more than one road can have unique setback requirements. Setbacks for each zoning classification are described in Chapters 17.16 through 17.48 of the TMC. Certain structures and architectural features may extend into required setbacks. See TMC § 17.56.110
The minimum size of a parcel is the smallest lot you can create on a property. It is an important consideration for subdivisions and lot line adjustments. The zone classification generally determines minimum parcel sizes. However, other factors such as OWTS requirements, unstable/hazard areas, and sensitive habitat (ESHA) could mean that a lot cannot be subdivided to the minimum parcel size listed in the zoning classification.
Generally, the zoning ordinance allows development to occur on parcels that don’t meet the minimum parcel size. However, health and safety requirements, as well as hazard and sensitive habitat setbacks must still be met.
Density refers to the number of units (residential or commercial) that you can have per square footage of parcel area. Each zoning classification includes a maximum density. Accessory Dwelling Units (regulations under development) are not subject to those density limits, but OWTS requirements are often the primary limiting factor for density in Trinidad.
Accessory structures are those that are incidental to and normally associated with allowable uses on the property. Structures such as garages, sheds, greenhouses, workshops, and gazebos are generally considered accessory structures on residential properties. Accessory structures may be attached or detached. Different types and sizes of accessory structures are subject to different regulations. Accessory structures that are less than 120 sq. ft. in size and 15 ft. in height are generally exempt from permit requirements unless they are within 50 feet of the edge of a bluff or in or near other sensitive area. But accessory structures (and other impervious surfaces) are generally not allowed to be placed on top of OWTS components (TMC § 13.12.310 and DEH Manual 4.1.8).
Please note that second units or Accessory Dwelling Units (ADU) and Junior Accessory Dwelling Units (JADU) are not accessory structures and are subject to different regulations. Currently, they are not allowed on most parcels. However, the City is developing an ordinance that would allow ADUs in more circumstances.
Typically, if a use is principally permitted in the zoning code, it is allowed by right and does not require a Use Permit from the City. However, development such as construction of structures, will usually still require a Coastal Development Permit (CDP), Design Review, and a Building Permit regardless of whether the use is principally or conditionally permitted.
Establishing uses that are conditionally permitted in the zoning code always require a discretionary Use Permit and CDP from the City for which additional findings are required to ensure that the use is compatible with the neighborhood.
A change of use to a principally permitted use may not require a CDP or other planning permit. In addition, establishment of principally permitted uses are appealable to the Coastal Commission in fewer circumstances.
If the structure was built without a permit, it would either need to be legalized with an after-the-fact planning and/or building permit (in which case it would need to meet all current standards described in the zoning code), or the property owners can request a legal nonconforming determination. To demonstrate that, you would need to show that the structure predates the LCP (certified in 1980). It may be difficult to find complete records for properties that were developed prior to 1980. But a variety of evidence may provide a good indication one way or the other. Contact City staff for further assistance.
A nonconforming building or use is one that was legally established prior to the current zoning regulations, but which now does not meet current development standards, or the uses allowed by the zone classification. Nonconforming buildings or uses are commonly known as being "grandfathered in," because they are usually allowed to remain unless circumstances change.
To be recognized as legal and nonconforming in Trinidad, the structure or use must have been established prior to the certification of the LCP in 1980 and must have been used continuously for the same purpose since then without interruption lasting more than a year.
Special requirements apply to nonconforming structures and uses. For more information, please see TMC Chapter 17.64 or contact the Planning and Building Department. In general, legal, nonconforming residences and other structures may be altered or enlarged as long as the degree of nonconformity will not be increased. Nonconforming uses may not be expanded.
Private events are allowed on the beach with a permit from the City with certain limitations. Public access must be maintained at all times. Contact the City for additional information.
If your operation meets the standards for a Home Occupation (TMC § 17.56.060), then a permit is not required for Home Occupation operations (per Ordinance no. 6363). If your operation exceeds the Home Occupation standards it may qualify as a conditionally permitted use. Be sure to review your parcel’s zoning, allowed uses, and development standards before making any decisions about moving a business into your home. It is also recommended that you contact City staff to discuss your proposal.
The Trinidad General Plan (Appendix B, Community Design Considerations, Design Guideline #8 states that: “Buildings, fences, paved areas, signs and landscaping, and similar developments shall not be allowed to significantly block views of the shoreline from key public viewing points or from view points inside structures located uphill from the proposed development.” Most development projects in Trinidad require Design Review approval, which is implemented in TMC Chapter 17.60.
TMC § 17.60.30 states that: “Relocation, construction, remodeling or additions to structures, and alterations of the natural contours of the land shall not be undertaken until approved by the planning commission. 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 not 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 two feet at any point, and if exempt from a coastal development permit as specified in TMC 17.72.070 and pursuant to any applicable categorical exclusions.”
View Protection finding B (TMC § 17.60.050) states that “Structures, including fences over three 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 subsection (C) of this section.”
During a Design Review hearing, the Planning Commission must balance view considerations with the property owner's desire to develop their property. The Planning Commission will consider things such as the quality and magnitude of the view being affected and from where the view is located, as well as the purpose of the proposed development and what development already exists on the property. Property owners that are considering a development project that has the potential to affect views are encouraged to discuss their project with the neighbors prior to submitting an application. More information about the Design Review process can be found here.