Chapter 17.20
SE ZONE
Sections:
17.20.010 Established – Purpose.
17.20.020 Principal permitted uses.
17.20.030 Uses permitted with a use permit.
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 zone is intended to be applied to areas designated as special environment 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. This zone is also intended to provide necessary regulations for areas lying seaward of the mean high tide line. The following regulations shall apply in all special environment zones. [Ord. 168 § 1, 1980; Ord. 167 § 1, 1980; Ord. 166 § 4.03, 1979].
17.20.020 Principal permitted uses.
Principal permitted uses in the SE zone are:
A. Public and private open space, wildlife habitat;
B. Low-intensity recreation on publicly controlled lands and waters such as beachcombing, hiking, fishing;
C. Removal of vegetation posing an imminent hazard to structures or people if approved by the city engineer, and maintenance of existing private fire trails;
D. Home occupations as provided in TMC 17.56.060;
E. Picnicking on public lands designated for such use. [Ord. 166 § 4.03(A), 1979].
17.20.030 Uses permitted with a use permit.
Uses permitted in the SE zone with a use permit are:
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:
B. Single-family dwelling; provided, that all information required in TMC 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 special environment zone;
C. Commercial fishing; mariculture; boat mooring, docking and related services; storage and processing of ocean produce; piers, breakwaters, harbor safety devices and structures, and uses incidental to a public boat harbor;
D. Wildlife habitat management and scientific research activities and related temporary structures. [Ord. 168 § 1, 1980; Ord. 167 § 1, 1980; Ord. 166 § 4.03(B), 1979].
17.20.040 Minimum lot area.
No new lots shall be created except that 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 partially or entirely within the other zone. [Ord. 167 § 3, 1980; Ord. 166 § 4.03(C)(1), 1979].
17.20.050 Maximum density.
Maximum density in the SE zone is one dwelling per lot. [Ord. 166 § 4.03(C)(2), 1979].
17.20.060 Maximum building height.
Maximum building height in the SE zone is 25 feet, except that the planning commission may require a lesser height as provided in Chapter 17.60 TMC. [Ord. 2001-01 § 3, 2002; Ord. 166 § 4.03(C)(3), 1979].
17.20.070 Requirements in tsunami hazard area.
Except for harbor and public access facilities no new structures shall be located less than 20 feet above mean 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;
B. State lands are involved in the development and all permits required by the State Lands Commission have been obtained;
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. [Ord. 166 § 4.03(C)(4), 1979].
17.20.080 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 use permit:
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;
2. Adversely affect shoreline processes and sand supply;
3. Increase erosion on adjacent properties;
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. [Ord. 84-180 § 7, 1984; Ord. 166 § 4.03(C)(5), 1979].
17.20.090 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 city 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 such 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 use permit 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 for the staking 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. [Ord. 166 § 4.03(C)(6), 1979].
17.20.100 Requirements for development 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 the 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 ground waters. [Ord. 166 § 4.03(C)(7), 1979].
17.20.110 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. [Ord. 166 § 4.03(C)(8), 1979].
17.20.120 Requirements for open 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 city 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. [Ord. 167 § 4, 1980; Ord. 166 § 4.03(C)(9), 1979].
17.20.130 Determination of development 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.
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.
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. [Ord. 97-3 § 1, 1997; Ord. 166 § 4.03(C)(10), 1979].