The open space zone is intended to be applied to areas designated open space 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 open space zones. [Ord. 166 § 4.02, 1979].

Principal permitted uses in the OS 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. Pedestrian travel within public access easements consistent with the trail system identified in the general plan;

D. Removal of vegetation posing an imminent hazard to structures or people if approved by the city engineer;

E. Picnicking on public lands designated for such use. [Ord. 166 § 4.02(A), 1979].

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

A. Pedestrian trails, vista points, including improvements to existing facilities;

B. Shoreline related recreation uses, including improvements to existing facilities;

C. Removal of vegetation including timber;

D. 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;

E. Structures accessory to uses and buildings existing within the open space zone at the time the ordinance codified in this title is adopted;

F. Wildlife habitat management and scientific research activities and related temporary structures. [Ord. 166 § 4.02(B), 1979].

Division of a lot shall only be permitted for the purpose of a public agency acquiring the portion of a lot zoned open space; 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. [Ord. 166 § 4.02(C)(1), 1979].

In the OS zone new dwellings are not permitted. [Ord. 166 § 4.02(C)(2), 1979].

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 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. 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 TMC 17.20.060 through 17.20.130. [Ord. 97-3 § 1, 1997; Ord. 166 § 4.02(C)(3), 1979].

In the OS zone the maximum building height is 15 feet except that the planning commission may require a lesser height if necessary to accomplish the purposes of TMC 17.16.060 and 17.16.080. [Ord. 2001-01 § 2, 2002; Ord. 166 § 4.02(C)(4), 1979].

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 TMC 17.16.020(A) shall require a use permit. 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 city council, the State Historic Preservation Officer, the Trinidad Rancheria and the lineal descendants of Tsurai. [Ord. 166 § 4.02(C)(5), 1979].