Part IV: Citywide Standards
Part 1V, Page 18 | St. Helena Zoning Code | October 2022 Public Review Draft H. On-site parking. A space designated for parking a vehicle on the same property as the use it is required to serve.
I. Parking lot. A site or a portion of a site devoted to on-site parking of vehicles including parking spaces, aisles, access driveways and landscaped areas, and other areas providing ingress and egress to parking spaces.
J. Parking space. A permanently surfaced area for vehicular parking connected to a public street, alley or other public way by a permanently surfaced driveway or access or access drive:
K. Residential driveway. A drive which provides direct vehicular access from a public or private street to the required parking for an individual dwelling unit and accessory structures.
L. Secured bicycle parking. A lockable facility such as individual lockers or enclosed, locked, limited-access areas for parking of bicycles.
M. Shared parking. A parking area that provides required parking spaces for more than one use.
N. Tandem parking. Tandem parking means that two or more automobiles are parked on a driveway or in any other location on a lot, lined up behind one another.
17.26.030 Applicability
The requirements of this Chapter apply to all primary uses in all zoning districts at the time any building or structure is erected, enlarged, increased in capacity, or changed from a nonconforming use to a permitted use.
A. New Buildings and Uses. On-site parking and loading shall be provided in accordance with this Chapter at the time any main building or structure is erected or any new land use is established.
B. Existing Non-Residential Buildings.
1. When a change in use, expansion of a use, or expansion of floor area creates an increase of 15 percent or more in the number of required on-site parking or loading spaces, additional on-site parking and loading shall be provided for such addition, enlargement, or change in use and not for the entire building or site.
2. Existing parking and loading not in excess of the minimum requirements shall be maintained.
3. Parking and loading in excess of minimum requirements may be removed.
4. A change in tenancy or ownership is not considered a change in use unless the new occupant is in a different use classification than the former occupant.
5. If the number of existing parking and loading spaces is greater than the requirements for a proposed use, the number of excess parking spaces may be counted toward meeting the requirements for any change, expansion, or major alteration.
C. Existing Residential Buildings. Parking in accordance with this Chapter shall be provided where additional dwelling units are created through the alteration of an existing building or construction of an additional structure or structures.
Agenda Item #6.1.
Part IV: Citywide Standards
October 2022 Public Review Draft | St. Helena Zoning Code | Part IV, Page 19 D. When Constructed. On-site parking and loading facilities required by this Chapter shall be constructed or installed prior to the issuance of a Certificate of Occupancy for the uses that they serve.
17.26.040 Required Parking Spaces
A. Required Spaces. The total number of required parking spaces are specified in Table
17.26.040.A, Minimum Off-Street Parking Requirements by Use. Fractional spaces of one-half or more shall be rounded off to require one additional space for the fractional space.
Table 17.26.040.A: Minimum Off-Street Parking Requirements by Use Residential Uses
Single-family and duplex
dwellings Min. 2 spaces per unit, may be covered or uncovered Multi-family dwellings (3 or
more units)
Studio and 1-BR units: Min. 1 space per unit, may be covered or uncovered.
2 BR or more: Min. 1.5 spaces per unit.,
Guest parking: 25% of total required spaces when 15 or more units constructed.
Family day care, small None beyond what is required for the residential use Family day care, large
In addition to required parking for the residential use, min. 1 space for each nonresident employee plus an area for loading and unloading children
Live/work One space per 300 sq ft of the area devoted to work space, plus one space for every four units.
Mobile homes
Min. 2 spaces per mobile home space. One must be located on the mobile home space and the other must be located within 150 feet of the mobile home space.
In addition, min. 1 guest space per 4 mobile home spaces Single-room occupancy
One uncovered parking space for every three units plus one uncovered parking space for an onsite manager unit.
In addition, min. 1 lockable bicycle parking space for each efficiency unit adjacent to the unit.
Commercial, Office, Industrial, and Winery Uses
Boarding house Min. 2 spaces for the resident owner plus 1 space for each guest room
Commercial, retail and office
uses
1 space per 300 sq ft of building floor area, in no cases less than 2 parking spaces for each building or tenant space
Eating and drinking
establishments 1 space per 4 seats
Hotel Min. 1 space per guest room, suite, sleeping or living unit plus one space for each three employees
Agenda Item #6.1.
Part IV: Citywide Standards
Part 1V, Page 20 | St. Helena Zoning Code | October 2022 Public Review Draft Table 17.26.040.A: Minimum Off-Street Parking Requirements by Use Industrial uses, excluding
wine warehousing
1 space per 300 sq ft office area; plus
1 space per 650 sq ft industrial area; plus
1 space per 1,000 sq ft warehouse area.
Mixed-use
For mixed-use development with residential uses, apply the shared parking provisions of Section 17.26.060.C.
Wineries (large and small) 1 space per 4 tasting or tour visitors plus 1 space per 1,000 sq ft of floor area
Winery tasting room One space for each 300 sq. ft. of gross sales area. For outdoor seating, no off-street parking shall be required.
Wine warehouse 1 space per 300 sq ft of office floor area plus:
Up to 25,000 sq. ft. of
warehouse area 1 space per 5,000 sq ft of warehouse floor area 25,000 sq ft or more
warehouse area 5 spaces plus 1 space per 10,000 sq ft warehouse floor area.
Public and Institutional Uses
Community assembly with
fixed seating 1 space per 4 seats
Community assembly
without fixed seating 1 space per 50 sq ft of floor area Cultural institutions 1 space per 400 sq ft of floor area open to the public Day care facility 1 per each employee plus an area for loading and unloading Government offices 1 space per 300 sq ft of building floor area, in no cases less than 2 parking spaces for each building or tenant space.
Hospitals and clinics 1 space for every 4 beds or as required by the Planning Commission Instructional Services 1 space per 40 sq ft of classroom space Schools
3 spaces per classroom and other room used by students.
In addition, 1 space for each 350 sq ft devoted to office or administrative uses.
Accessory Uses
Accessory dwelling units Parking for accessory dwelling units shall be provided in compliance with Section 17.22.030.F.6
B. Other Uses. For uses not specifically listed in Table 17.26.040.A, Minimum Off-Street Parking Requirements by Use, the Planning Commission shall determine the parking requirements. In determining such requirements, the Planning Commission shall use the above requirements as a rule and guide and any relevant information supplied by standard traffic engineering reference manuals on parking demand by use type.
C. Tenant Spaces with Multiple Functions. A site or building with multiple tenants (i.e. two or more) or multiple uses shall provide the aggregate number of parking spaces required for Agenda Item #6.1.
Part IV: Citywide Standards
October 2022 Public Review Draft | St. Helena Zoning Code | Part IV, Page 21 each separate use (e.g. the sum of the separate requirements for each use) unless the Community Development Director approves a parking reduction in compliance with Section
17.26.060, Parking Reductions.
17.26.050 Parking Area and Access Design Standards
A. Residential Garages and Carports. Each residential garage or carport shall have the following minimum unobstructed interior dimensions:
1. Single car garage/carport: nine feet by 19 feet.
2. Double car garage: 19 feet by 19 feet.
B. Driveways to Residential Uses. A residential driveway that provides direct vehicular access from a public or private street to required parking for an individual dwelling unit is subject to the following standards:
1. Length: Minimum 24 feet as measured from the property line to a garage door; a minimum 20 feet if a roll-up garage door or carport is utilized.
2. Width: Between 10 and 20 feet as shown in the City of St. Helena Street, Storm Drain and Sidewalk Standards.
3. Material: New driveways shall use pervious materials and pavers to minimize storm water impacts.
4. Minimum Separation at Corners: Driveways shall be placed no less than 20 feet from the intersection of the front and street side property lines.
5. Exceptions.
a. Residential driveways in the Woodlands and Watershed zoning district, or elsewhere as deemed necessary by the Fire Chief.
b. Lots without public street frontages and lots greater than 100 feet in length shall meet the standards for an access drive as set forth in St. Helena Municipal Code Section 15.36.100, Fire Apparatus Access Roads.
C. Off-Street Parking Lot Design.
1. Design Standards. Standards for the design and layout of required off-street parking lots are provided in Table 17.26.050.C, Angled Parking Dimensions.
Agenda Item #6.1.
Part IV: Citywide Standards
Part 1V, Page 22 | St. Helena Zoning Code | October 2022 Public Review Draft Table 17.26.050.C: Angled Parking Dimensions
Angle 90 75 60 45 30
Stall depth to wall (ft) 19 19.5 20 18.5 16
Aisle width (ft) 25 21 18 14 14
Wall to wall module (ft) 63 60 58 51 46
Stall width, parallel to aisle (ft) 9.5 9.32 10.39 12.73 18
2. Compact Spaces.
a. Up to 30 percent of the required number of off-street parking spaces may be designated for the parking of compact vehicles only.
b. Stall width may be reduced by a maximum of one foot. c. Stall length may be reduced by a maximum of three feet. d. “Compact parking only” shall be stenciled on the pavement at the entrance to each stall with 6-inch minimum height letters.
e. When provided, compact car space clusters shall be dispersed throughout the parking lot rather than concentrated in one area.
3. Parallel Spaces.
a. Parallel spaces along a wall, fence, or hedge shall be 10 feet in width. b. Parallel spaces having no obstruction or adjacent parking space within ten feet of one end may be reduced in length to 20 feet. If both ends are similarly clear, the space may be reduced in length to 18 feet.
4. Long Term Parking. Parallel stalls that are designated for long-term, or low turnover use, as allowed in this Code may be reduced as follows:
a. Stall width may be reduced by six inches. Small car stalls may not be reduced in width.
b. Stall length may be reduced by one foot (including small car spaces).
Agenda Item #6.1.
Part IV: Citywide Standards
October 2022 Public Review Draft | St. Helena Zoning Code | Part IV, Page 23
5. Stalls adjacent to a landscaped area shall be widened by six inches. Stall adjacent to a fence wall or hedge shall be widened by one foot.
6. The minimum aisle dimension for two-way traffic shall be 24 feet and for one-way traffic 14 feet.
7. The front two feet of the required parking stall dimension may be used to enlarge an adjacent landscaped area but may not be used to meet minimum landscaping requirements. Landscaping within this overhang area shall be limited to low-lying shrubs and ground cover and must be approved by the Community Development Director.
8. Parking lots shall be designed with adequate circulation and turn around so that vehicles will not have to back into the street to exit.
9. Parking stalls shall be paved and shall comply with the design and construction standards for access drives.
10. Parking stalls shall be marked using four inches wide white paint stripes. All directional arrows and legends shall be white. Double lining of parking stalls may be used with specific approval of the Public Works Director.
11. All angled or 90-degree parking spaces shall be provided with a concrete wheel stop to prevent parked vehicles from encroaching into areas designed for other purposes, except as allowed in subsection 17.26.090.C.7. Continuous concrete curb is acceptable in lieu of individual wheel stops. Timber wheel stops can only be used with specific approval of the Public Works Director.
12. Where the location of existing structures or other significant features makes it impossible to obtain an acceptable parking layout using these dimensions, the Public Works Director may authorize the use of alternative dimensions.
13. Accessible Spaces. Handicapped parking shall be provided in accordance with the standards of the California Building Code, Part 2, Title 24.
14. Lighting. All lighting shall comply with the requirements of Section 17.24. 070, Lighting and Illumination.
15. Screening. Where abutting a residential zoning district, parking lots in the rear of a site for more than five vehicles shall be screened, except for necessary driveway openings, by a six-foot high solid board fence, masonry wall, vegetative screen, or screened chain link fence. Screening fences or walls shall be maintained in good condition.
16. Location. Within any zoning district, except for necessary service or single-family access driveways, no portion of a parking lot shall be located in any required front or side setback adjacent to a street. No vehicles shall back out onto a public street except in residential zoning districts.
17. Material. Parking lot surfaces may be concrete, asphalt, grouted continuous brick, cobblestone, turf block, or any similar, durable, and dustless material. To reduce stormwater runoff, porous pavers may be used subject to approval by the Public Works Director.
Agenda Item #6.1.
Part IV: Citywide Standards
Part 1V, Page 24 | St. Helena Zoning Code | October 2022 Public Review Draft D. Access Drives for Multi-Family and Non-residential Properties. An access drive that provides vehicular access between the public street and the required parking for more than one lot, or for one lot if the length of the drive is greater than 100 feet, is subject to the following standards:
1. Width. The minimum dimensions provided in Table 17.26.050.D: Standard for Access Drives, allow for the safe passage of emergency vehicles. Parking areas may not count toward the required access drive width.
Table 17.26.050.D: Standards for Access Drives
Nonresidential Minimum Width (fully paved width)
One-way access drive 16' paved
Two-way access drive 25' paved
Residential Minimum Width (includes two 2' shoulders)
One-way access drive:
1 unit 16' (12' paved)
Two-way access drives:
1 or 2 units 16' (12' paved)
3 to 10 units 20' (16' paved)
11 to 60 units 25' (21' paved)
More than 60 units 30' (26' paved)
2. Design for Two-Way Traffic. All access drives, except for driveways for single-family residence, shall be designed for two-way traffic unless specific approval is obtained from the Public Works Director and Fire Chief.
3. Setback from Front of Lot. To avoid congestion at the entrance of a property from the street or access drive, no on-site parking space or gate shall be allowed within the initial 30 feet of the edge of pavement of the access drive, drive aisle or property line, or location as determined by the Public Works Director in conjunction with the Fire Chief.
4. Vertical Clearance. The minimum vertical clearance shall be 14 feet at all points across the required width of the access drive.
5. Other Design Requirements. Emergency vehicle turnouts, firefighting operations areas, and grades shall be as prescribed in St. Helena Municipal Code Chapter 15.36, California Fire Code Adopted.
6. Inspection. Access drives shall be inspected annually by the fire chief/fire code official to ensure that landscaping or other obstructions do not hinder emergency vehicle access.
E. Review. The design of all features relating to access drives is subject to review and approval of the Public Works Director and Fire Chief. Where the access is determined by the Public Works Director to serve traffic loads equivalent to those typically encountered on public streets, the Public Works Director shall require the design of the access drive to meet public Agenda Item #6.1.
Part IV: Citywide Standards
October 2022 Public Review Draft | St. Helena Zoning Code | Part IV, Page 25 street standards. See Chapter 17.04, Common Procedures, for submittal requirements and procedures.
17.26.060 Parking Reductions
A. Parking Exemption Overlay District. Projects located within this District are not subject to onsite parking requirements. Please refer to Chapter 17.21.030, Parking Exemption District.
B. Density Bonus. Parking standards may vary for residential development projects receiving a density bonus pursuant to Chapter 17.29, Density Bonus, and California Government Code § 65915(p).
C. Reduction for Shared Parking. Where a shared parking facility serves more than one use, the Community Development Director may reduce the total number of required parking spaces up to 40 percent upon finding that:
1. The peak hours of use will not overlap or coincide to the degree that peak demand for parking spaces from all uses will be greater than the total supply of spaces;
2. The proposed shared parking provided will be adequate to serve each use;
3. A parking demand study prepared by an independent traffic engineering professional approved by the City supports the proposed reduction; and
4. In the case of a shared parking facility that serves more than one property, a parking agreement has been prepared consistent with the provisions of Section 17.26.070.B, Location of Required Parking.
D. Reduction for Transportation Demand Management. Total required parking for commercial and office uses that incorporate one or more of the following Transportation Demand Measures may be reduced by 10 percent:
1. Designated car-share, vanpool, or carpool parking.
2. Showers and lockers.
3. Transit subsidies or reimbursement to residents and employees.
17.26.070 General Provisions
A. Change of Required Parking. When the required parking changes as a result of a change of use, expansion of use, increase in number of leaseholders or tenant spaces, or change from a nonconforming use to a permitted use, additional required parking spaces must be provided unless exempt as stipulated in Section 17.26.030, Applicability.
B. Location of Required Parking.
1. Required parking shall be located on the same lot with the use, building or structure for which the parking is required, or off-site not more than 300 feet away from the use, building or structure and in a zoning district which allows parking.
2. When parking is located off-site, the property owners involved in the joint use of parking facilities shall record an agreement, approved by the City Attorney, and filed Agenda Item #6.1.
Part IV: Citywide Standards
Part 1V, Page 26 | St. Helena Zoning Code | October 2022 Public Review Draft with the County Recorder. A copy of the agreement shall be filed with the Planning Department.
C. Tandem Parking.
1. In Residential Districts. Tandem parking is permitted.
2. In Commercial and Mixed-Use Districts.
a. Up to 25 percent tandem parking is permitted and may be counted as part of the required parking as stipulated in Table 17.26.040.A: Minimum Off-Street Parking Requirements by Use.
b. Tandem parking that requires backing out onto a public street is prohibited.
17.26.080 Bicycle Parking
The Planning Commission may require the provision of bicycle parking facilities for any use which is required to provide 10 or more vehicular parking spaces dependent upon the use, size, and location of the property.
A. Short-Term Bicycle Parking. Short-term secure bicycle parking shall be provided to serve shoppers, customers, messengers, guests, and other visitors to a site who generally stay for a period of four hours or less.
1. Bicycle Parking Spaces Required. For the following uses, the number of short-term secure bicycle parking spaces shall be five percent of the parking spaces required in Table 17.26.040.A, Minimum Off-Street Parking Requirements by Use, with a minimum of four secure bicycle parking spaces provided per use. a. Multi-Unit Residential, Boarding House, and Single Room Occupancy. b. All Public/Semi-Public Uses.
c. All Commercial Uses, except Automobile/Vehicle Sales and Services, Shortterm Rentals, and Mobile Vendors. d. Exemptions. The following are exempt from the required bicycle parking spaces:
i. Uses located within the Parking Exemption Overlay District; ii. Uses within the CB district; and
iii. Uses located on properties where the required front setback is less than 10 feet.
2. Location.
a. Short-term secure bicycle parking shall be located outside of pedestrian walkways, and within 100 feet of the main entrance to the building it serves. b. Short-term secure bicycle parking shall be located outside of the public rightof-way except as allowed through an encroachment permit.
Agenda Item #6.1.
Part IV: Citywide Standards
October 2022 Public Review Draft | St. Helena Zoning Code | Part IV, Page 27 c. Where the secure bicycle parking area is not visible from the main entrance of the buildings, signs located at the main entrance of the building shall identify the location of bicycle parking.
3. Anchoring and Security. For each short-term bicycle parking space required, a stationary, securely-anchored bicycle rack shall be provided to which a bicycle frame and one wheel (two points of contact) can be secured with a high-security U-shaped shackle lock if both wheels are left on the bicycle. One such bicycle rack may serve multiple bicycle parking spaces.
4. Size and Accessibility. Each short-term bicycle parking space shall be a minimum of two feet in width and six feet in length and shall be accessible without moving other bicycles. Two feet of clearance shall be provided between bicycle parking spaces and adjacent walls, poles, landscaping, street furniture, drive aisles, and pedestrian walkways. Five feet of clearance shall be provided from vehicle parking spaces.
B. Long-Term Bicycle Parking. Long-term bicycle parking shall be provided to serve employees, students, residents, commuters, and others who generally stay at a site for four hours or longer.
1. Bicycle Parking Spaces Required.
a. Multi-Unit Residential, Group Residential, and Single-Room Occupancy. A minimum of one long-term secured bicycle parking space shall be provided for every five dwelling units.
b. Parking Structures. Long-term bicycle parking shall be provided at a minimum ratio of one bicycle parking space per 25 vehicle parking spaces. c. Other Uses. Any establishment with 25 or more full-time equivalent employees shall provide long-term bicycle parking designated on a site plan at a minimum ratio of one bicycle parking space per 25 required vehicle parking spaces.
Parking areas with fewer than 25 spaces are encouraged but not required to provide long-term bicycle parking.
2. Location. Long-term bicycle parking must be located on the same lot as the use it serves and near a building entrance. In parking structures, long-term bicycle parking must be located near an entrance to the facility. Where the bicycle parking area is not visible from the entrance of the building, signs located at the entrance or in an entry lobby of the building shall identify the location of bicycle parking.
3. Anchoring and Security. Long-term bicycle parking must be located in:
a. An enclosed bicycle locker; or
b. Other secure areas approved by the Community Development Director.
4. Size and Accessibility. Each long-term bicycle parking space shall be a minimum of two feet in width and six feet in length and shall be accessible without moving other bicycles. Two feet of clearance shall be provided between bicycle parking spaces and adjacent walls, poles, landscaping, street furniture, drive aisles, and pedestrian walkways. Five feet of clearance shall be provided from vehicle parking spaces.
Agenda Item #6.1.
Part IV: Citywide Standards
Part 1V, Page 28 | St. Helena Zoning Code | October 2022 Public Review Draft
17.26.090 Electric Vehicle Charging Station
Electric vehicle (EV) charging stations and EV-capable parking spaces shall be provided for all new buildings erected as required by this Section. All such spaces shall be included in the calculation of parking demands of Section 17.26.040, Required Parking Spaces.
A. Required EV Charging Stations. The total number of required EV charging stations spaces are specified in Table 17.26.090.A: Required EV Charging Stations.
Table 17.26.090.A: Required EV Charging Spaces
Total Number of Required Parking Spaces Minimum EV Charging Spaces 0 – 9 0
10 – 25 1
26 -50 2 for residential uses;
2 for nonresidential uses
51+ 6% of total
B. Exceptions. Exceptions to Table 17.26.090.A: Required EV Charging Spaces, may be made on a case-by-case basis where the Community Development Director and the Chief Building Official determine that EV charging infrastructure is not feasible based upon one or more of the following conditions:
1. There is insufficient electrical supply;
2. There is evidence that additional local utility infrastructure design requirements directly related to the implementation of this Section may adversely impact the construction cost of the project; or
3. Providing the EV charging infrastructure creates an economic hardship for an affordable housing project.
C. Size. The size of EV charging station parking spaces and EV-capable parking spaces shall be as specified in Section 17.26.050, Parking Area and Access Design Standards. EV supply equipment shall not reduce the size of the parking space.
D. Accessible EV Spaces. Where accessible parking requirements are required, at least one EV space or EV charging station shall meet current van accessible dimensions, as defined by the California Building Code, and be connected to a barrier-free accessible route of travel to the building. No accessible markings shall be made on the EV space or EV charging station with van accessible dimensions. The EV space with van accessible dimensions shall be the first EV charging station established on the property.
E. EV Charging Stations. EV charging stations shall be allowed within any zoning district subject to all applicable requirements of the Municipal Code in addition to the following:
1. EV parking spaces shall be equipped with electric vehicle supply equipment (EVSE), which shall be Level 2 or higher. All EVSE shall be installed in accordance with the requirements of the California Green Building Standards Code.
2. The EV charging station shall be protected as necessary to prevent damage by automobiles.
Agenda Item #6.1.
Part IV: Citywide Standards
October 2022 Public Review Draft | St. Helena Zoning Code | Part IV, Page 29
3. Any EV charger shall be listed and labeled by an approved testing agency.
4. The EV charging station shall have complete instructions and appropriate warnings posted in an unobstructed location next to each EV charging station.
5. EV Stations for Public Use. EV charging stations for public use must be visible from the right-of-way and illuminated during nighttime business hours. a. One standard non-illuminated sign, not to exceed four square feet in area and eight feet in height, may be posted for the purpose of identifying the location of each cluster of EV charging stations.
b. The EV charging station may be on a timer that limits the use of the station to the normal business hours of the use(s) that it serves to preclude unauthorized use after business hours.
c. The following information shall be posted at a public EV charging station:
i. Voltage and amperage levels;
ii. Hour of operations if time limits or tow-away provisions are to be enforced by the property owner;
iii. Usage fee;
iv. Safety information; and
v. Contact information for reporting when the equipment is not operating or other problems.
F. Construction and Installation. Construction shall comply with § 5.106.5.3.1 or § 5.106.5.3.2 of the California Green Building Standards Code to facilitate future installation of EVSE.
17.26.100 On-Site Loading and Unloading
A. Required On-Site Loading. The following on-site loading standards apply to all nonresidential buildings with floor area of 10,000 square feet or greater that include manufacturing, storage, warehouse, retail, wholesale or other similar use which requires the receipt or distribution by vehicles of material and merchandise.
Table 17.26.100.A: Gross Floor Area Required for Loading Spaces Gross Floor Area Required Off-Street Loading Spaces1
Up to 10,000 sq ft 1 for industrial uses; 0 for all other use 10,000 to 24,999 sq ft 1
25,000 to 49,000 sq ft 2
Each additional 50,000 sq ft 1
Notes:
1. Additional loading dock and truck standing areas may be required as specific in a CUP.
B. Size of Loading Spaces. Each loading space shall be not less than 12 feet in width and 40 feet in length with a minimum overhead clearance of 14 feet.
Agenda Item #6.1.
Part IV: Citywide Standards
Part 1V, Page 30 | St. Helena Zoning Code | October 2022 Public Review Draft C. Standards for Loading Areas:
1. Lighting. Refer to Section 17.24.070, Lighting and Illumination, for lighting requirements;
2. Loading Ramps. Plans for loading ramps or truck wells shall be accompanied by a profile drawing showing the ramp, ramp transitions and overhead clearances;
3. Location. Loading spaces shall be located and designed as follows:
a. As near as possible to the main structure and limited to the rear two-thirds of the parcel, if feasible;
b. Situated to ensure that the loading facility is screened from adjacent streets to the greatest degree possible;
c. Situated to ensure that loading and unloading takes place on-site and in no case within adjacent public rights-of-way or other on-site traffic circulation areas;
d. Situated to ensure that vehicular maneuvers occur on-site; and e. Situated to avoid adverse impacts upon neighboring residential properties;
4. Screening. Loading areas shall be screened from abutting parcels and streets with dense landscaping or solid walls or fences with a minimum height of six feet; and
5. Striping. Loading areas shall be striped indicating the loading spaces and identifying the spaces for “loading only.” The striping shall be permanently maintained by the property owner/tenant in a clear and visible manner at all times.
D. Upon adoption of a finding by the Planning Commission that a business is unreasonably blocking traffic or obstructing on-street parking spaces, the Planning Commission may review and amend that business’s Conditional Use Permit as needed to permit the street to function as it should.
E. Waivers and Modifications. The Planning Commission may waive the loading requirements or modify the standards if it can be demonstrated that the proposed use does not require loading facilities or that an alternative arrangement satisfies the need for loading facilities.
Agenda Item #6.1.
Part IV: Citywide Standards
October 2022 Public Review Draft | St. Helena Zoning Code | Part IV, Page 31 Chapter 17.27 Signs
17.27.010 Purpose
This Chapter has been adopted to ensure that all signs installed in the City are compatible with the unique character and environment of the community, and in compliance with the General Plan. This Chapter promotes the public health, safety, and welfare through a comprehensive system of reasonable, effective, consistent, content neutral, and nondiscriminatory sign standards and requirements. More specifically, this Chapter is intended to:
A. Ensure that all signs are compatible with the unique character and environment of the City, and that they support the desired ambience and development patterns of the various districts and historic areas within the City;
B. Balance public and private objectives by allowing adequate avenues for both commercial and non-commercial messages;
C. Ensure pedestrian and traffic safety by promoting the free flow of traffic and the protection of pedestrians and motorists from injury and property damage caused by, or which may be fully or partially attributable to, cluttered, distracting, and/or illegible signage; D. Prevent property damage, personal injury, and litter caused by signs that are improperly constructed or maintained;
E. Protect and improve property values, the local economy, and quality of life by preserving and enhancing the appearance of the streetscape; and
F. Provide clear and unambiguous sign design standards that enable the fair and consistent enforcement of these sign regulations; and
G. Ensure that the constitutionally guaranteed right of free speech is protected.
17.27.020 Sign Definitions
Balloon. A brightly colored bag made of flexible material, inflated with air or other gas, and sealed, often to make it rise in the air.
Balloon Bobber. A reusable pre-formed balloon with regular air made of a durable PVC vinyl that does not need to be inflated, and typically attached to a short pole.
Building Element. The maximum lineal dimension of an exterior wall, excluding canopies and projections, measured on a straight line parallel to the site’s street frontage.
Building Frontage. A building frontage is the building façade that directly abuts a public street, private street, parking lot driveway, parking spaces, pedestrian mall, arcade, or walkway. The primary business frontage is one which contains a customer entrance or which includes a glass-enclosed showroom facing the street. If a building has more than one business, frontage is that portion of a building, which faces a street, parking lot, pedestrian mall, arcade or walkway. The primary business frontage is one which contains a customer entrance or which includes a glass-enclosed showroom facing the street.
Agenda Item #6.1.
Part IV: Citywide Standards
Part 1V, Page 32 | St. Helena Zoning Code | October 2022 Public Review Draft Channel Letters. Three dimensional, individually manufactured letters or figures with an open back which may contain a light source to provide light onto the sign background against which the channel letters are silhouetted. See also reverse pan channel letters.
Commercial Message. A message conveyed by any sign that is solely intended to interest, entice, or solicit any person to participate in commercial transactions with a business, including offers of goods, cash, discounts on products or services, or other items, including the offering of free goods or services made in exchange for or with the intent to induce the recipient’s willingness to receive information relating to a possible commercial transaction.
Encroachment. The extension of any sign over a public right-of-way or private access way.
Flag. A fabric sheet of square, rectangular, or triangular shape that is typically mounted on a pole.
Fluorescent Colors. The range of colors created through a synthetic pigmentation process in which ultraviolet light is absorbed and emitted at a different range within the color spectrum of the individual colors.
Fully Shielded. Light fixture or luminous tube constructed and mounted such that all light emitted by the fixture or tube, either directly from the lamp, tube, or a diffusing element, or indirectly by reflection or refraction from any part of the light fixture, is projected below the horizontal. If the lamp or tube, any reflective surface, or lens cover (clear or prismatic) is visible when viewed from above or directly from the side, from any angle around the fixture or tube, the fixture or tube is not fully shielded.
Historical Plaque. A sign that memorializes a person, event, building, former use of a place, or something else of historical significance.
Illumination, External. Illumination resulting from the face of the sign reflecting light from an external light source intentionally directed upon it.
Illumination, Halo. A form of sign illumination in which neon tubing, LED, or similar lights are mounted within the letter to illuminate the mounting surface causing a halo of light around the letter Illumination, Internal. A form of sign illumination that includes single-color LED signs, signs constructed with pan channel letters (but not reverse pan channel letters), or indirect illuminated pan channel letters on an unlit or otherwise indistinguishable background on a freestanding sign or building wall.
Landscape Area. For purposes of sign regulation, an area surrounding the base of a freestanding sign, and containing living plant materials with or without a fixed border.
Laser Light Display. A display that emits light through the use of a laser beam(s).
LED (Light Emitting Diode). A semiconductor diode that emits light when a voltage is applied to it.
Maintenance. The upkeep of signs, and their support structures, in a condition of good repair. This includes the replacement or repainting of sign faces which have been damaged or have otherwise lost their ability to convey the message intended. Maintenance does not include the changing of location, orientation, size, or height of a sign.
Multi-tenant Building. A building in which two or more separate and independently owned, rented, leased, or operated occupancies are contained.
Agenda Item #6.1.
Part IV: Citywide Standards
October 2022 Public Review Draft | St. Helena Zoning Code | Part IV, Page 33 Neon. An illumination source created when a glass tube filled with neon or other similar gas emits light when energized. The tube can be bent to form letters, symbols, or other shapes.
Nonprofit. Any person(s), partnership, association, corporation or other group whose activities are conducted for unselfish, civic, or humanitarian motives, or for the benefit of others, and not for the gain of any private individual or group and may include, patriotic, philanthropic, social service, welfare, benevolent, educational, civic, fraternal, cultural, charitable, scientific, historical, athletic, or medical activities.
Noncommercial Message. Any copy that communicates a message that is not a commercial message.
A noncommercial message does not directly or indirectly name, draw attention to, or advertise a business, product, good, service, or other commercial activity, or propose a commercial transaction.
Pan Channel Letters. A specific type of sign letter consisting of a metal pan enclosure fabricated in the shape of a letter, numeral, or other shape in which the metal pan enclosure is used to house the lighting and electrical components of the letter and can be mounted directly to a wall. The sign face is usually made of colored plastic attached to the metal pan so that the letters are illuminated and to seal it off from pests and harsh weather.
Primary Frontage. The side of a building facing a street or, in the case of a building having more than one side facing a street, the side so designated by planning department staff.
Professionally Crafted or Painted Sign. A temporary or permanent sign that is made to a high standard by a competent individual(s) skilled in sign design, fabrication, and installation.
Raceway. An enclosed conduit for electrical wiring.
Reverse Pan Channel Letter. A specific type of sign letter consisting of a metal pan enclosure fabricated in the shape of a letter, numeral, or other shape in which the metal pan enclosure is used to house the lighting and electrical components of the letter and can be mounted directly to a wall.
The sign face is made of the same solid opaque materials as the sides of the letters so that the front and sides of the sign letters do not emit light.
Roof line. The top edge of a roof or building parapet, whichever is higher, excluding any cupolas, pylons, chimneys, or minor projections.
Search Lights. Lights which disappear and reappear at periodic intervals, or are intermittently on and off, and which are placed so as to attract vehicular traffic with emphasis on the recurrence of lights.
Secondary Frontage. The sides of a building other than the primary frontage which are visible from a public right-of-way or from adjacent private property or which provide secondary access to the use or activity.
Sign. A permanent or temporary structure, device, figure, display, message placard or other contrivance, or any part thereof, situated outdoors or indoors, which is designed, constructed, intended or used to advertise, provide information in the nature of advertising, provide historical, cultural, archeological, ideological, political, religious, or social information, or direct or attract attention to an object, person, institution, business, product, service, message, event or location by any means, including words, letters, figures, designs, symbols, fixtures, colors, or illumination.
Sign Area. Area enclosed in the frame of the sign as measured from the outside of the frame and following the contour of the frame. In those instances where a sign is painted or otherwise affixed or attached to a wall or similar structure or portion thereof, the area of a sign shall be computed by Agenda Item #6.1.
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Part 1V, Page 34 | St. Helena Zoning Code | October 2022 Public Review Draft measuring the overall length and width of the message. This computation shall also be utilized when raised or freestanding letters are affixed or attached to a structural surface.
Sign Face. The exterior surface of a sign, exclusive of structural supports, on which is placed the sign copy.
Sign, Abandoned. Sign that identifies a business, lessor, owner, product, service, or activity that is no longer on the premises where the sign is displayed.
Sign, A-Frame. A temporary pedestrian oriented sign constructed with two sides attached at the top allowing the sign to stand in an upright position and with the sign display areas attached to the side supports (also known as a Sandwich Board Sign or an Upright Sign).
Sign, Awning. Any permanent sign that is part of or attached to an awning, or other fabric, plastic or structural protective cover located over a door, entrance, window, storefront, or outdoor service area.
Sign, Bandit. Any sign that is placed on public or private property without the consent of the property owner or as authorized in Chapter 17.27, Signs.
Sign, Billboard. A permanent structure for the display of a commercial or non-commercial message.
Sign, Blade. A permanent sign mounted to the wall of building by means of a bracket and which is typically hung perpendicular to the wall of the building.
Sign, Building Identification. A sign consisting of letters or numbers applied to a building wall, engraved into the building material or consisting of a sculptural relief which contains the name of the building or describes its function, but which does not advertise any individual tenant of the building or any products or services offered.
Sign, Building Mounted. A permanent sign attached connected, painted, or erected on the wall, parapet, or fascia of a building or structure.
Sign Cabinet. A permanent building-mounted or freestanding sign with its text and/or logo symbols and artwork on a translucent face panel that is mounted within a metal frame or cabinet either that contains the lighting fixtures which illuminate the sign face from behind.
Sign, Canopy. A permanent sign that is painted, or mounted to a canopy, typically used to accent building entries.
Sign, Commemorative. Any sign containing words or figures commemorating a historical, cultural, or artistic event or location.
Sign, Copy. Any graphic, word, numeral, symbol, insignia, text, sample, model, device, or combination thereof that is primarily intended to advertise, identify, or notify.
Sign, Directional. A permanent sign erected to inform the viewer of the approximate route, direction, or location of a facility or tenant.
Sign, Directory. A permanent sign on a multi-tenant site or building providing information including a list of tenants and occupants, addresses, and suite numbers or a map of the building or complex.
These signs are typically internal to a center, oriented to pedestrians, or motorists circulating in a parking lot rather than vehicles travelling on an arterial street.
Sign, Electronic Message. A permanent sign or portion of a sign that utilizes computer-generated messages or some other electronic means of changing its characters, letters, numbers, illustrations, Agenda Item #6.1.
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October 2022 Public Review Draft | St. Helena Zoning Code | Part IV, Page 35 display, color, and/or light intensity, including animated graphics and video, by electronic or automatic means. An Electronic Message Sign is not a Single- or Two-Color LED Sign.
Sign, Feather Banner. A sign that is taller than it is wide and made of a flexible material (typically cloth, nylon, or vinyl) and mounted to a pole.
Sign, Freestanding. A permanent sign that is erected or mounted on its own self-supporting permanent structure or base detached from any supporting elements of a building.
Sign, Fuel Pump Topper. A temporary sign affixed to the top of an operable fuel dispensing pump used to advertise goods offered for sale on the same parcel on which the fuel pump is located.
Sign, Government. Any sign, posting, notice or similar signs placed, installed, or required by law by a city, county, or a federal or state governmental agency in carrying out its responsibility to protect the public health, safety, and welfare.
Sign, Incidental. A sign which provides incidental information, including security, credit card acceptance, business hours, directions to services and facilities, or menus.
Sign, Individual Letter. A cut-out or etched letter or logo which is individually mounted on a building wall, or freestanding permanent sign.
Sign LED. A permanent or temporary sign consisting of light emitting diodes (electronic components that let electricity pass in only one direction) that emit visible light when electricity is applied.
Sign, Monument. A freestanding sign, with a solid base that is equal to or larger than the width of the sign face.
Sign, Non-Conforming. Any sign legally established prior to the Effective Date which does not fully comply with the standards imposed by the individual Sections of this Code.
Sign, Off-Premise. Any sign for a business, commodity, service, entertainment, product, structure, use or property that is different from a structure or use existing on the property where the sign is located. Includes any sign on which space is rented, donated, or sold by the owner of said sign or property for the purpose of conveying a message.
Sign, On-Premise. Any sign directing attention to a business, commodity, service, or offered upon the same premises as those upon which the sign is maintained.
Sign, Painted Wall. A sign painted directly onto the exterior wall of a building and having no sign structure.
Sign, Pennant. A temporary sign made of flexible materials usually longer than it is wide, often triangular in shape, and frequently displayed with other pennants on a string.
Sign, Permanent. A sign constructed of durable materials and intended to exist for the duration of time that the use or occupant is located on the premises.
Sign, Post. A permanent sign mounted on either a single post or two or more posts.
Sign, Prohibited. Any sign not in accordance with or authorized in Chapter 17.27, Signs.
Sign, Projecting. A permanent sign that is perpendicular to the face of a building and projects outward from the building face.
Sign, Raised Letter. A sign containing copy, logo, and/or decorative embellishments in relief on the face.
Agenda Item #6.1.
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Part 1V, Page 36 | St. Helena Zoning Code | October 2022 Public Review Draft Sign, Roof. Any permanent sign erected, painted, or attached to the sloped surface of a mansard or hip roof of a building. Excludes signs mounted on the top of a building’s roof.
Sign, Service Island Canopy. A sign mounted on the fascia of a service island canopy.
Single-Color or Two-Color LED. A permanent or temporary sign or portion of a sign composed of single-color or two-color LEDs that displays static or changeable sign messages using characters, letters, and numbers only. Examples of these signs include, "open" or "closed" signs", ”time and temperature " signs or signs indicating the number of available spaces in a parking facility.
Sign, Spinner. A lightweight, durable, and colorful device designed to be affected by the movement of air so that it spins or rotates in a manner to capture attention.
Sign Structure. The supports, uprights, bracing, and/or framework of a sign.
Sign, Temporary. A sign constructed of paper, cloth, vinyl, fabric, or similar material, which is intended for a definite and limited period of display and which is not permanently affixed to a structure, sign area, or window.
Sign, Upright. A pedestrian oriented sign that is not permanently affixed to a structure or the ground to advertise special goods, services, or products offered on the site.
Sign, Vehicle. Any temporary sign on or affixed to a truck, van, automobile, trailer, or other vehicle.
Sign, Wall. A permanent sign affixed to or erected against the wall or fascia of a building or structure, with the exposed face of the sign parallel to the plane of wall or fascia to which it is affixed or erected.
Sign, Wall Banner. A temporary sign and constructed of cloth, bunting, plastic, paper, or similar nonrigid material, and securely attached to the wall or support structure for which it is advertising.
Flags are not considered temporary wall banners.
Sign, Walker. A person who wears, holds, or balances a sign.
Sign, Window. A permanent or temporary sign posted, painted, placed, or affixed in, on, or within a window, or otherwise exposed to public view through a window.
Sign, Yard, Type I. A small temporary sign typically constructed of corrugated plastic and supported on either an H-shaped wire frame or mounted so as to swing between two pairs of support legs, used for example, for advertising by local businesses or by election campaigns (Synonym: Lawn Sign). A type I yard sign is not an A-frame sign.
Sign, Yard, Type II. A temporary sign mounted on a single post installed securely in the ground with a small sign hanging from a cross bar mounted parallel to the ground.
Sign, Yard, Type III. A large temporary typically wooden sign mounted on two posts installed securely in the ground.
Static Display. A sign face that does not change within a 24 hour period.
Valance. The vertical front face of an awning, parallel to the face of the building to which it is mounted.
17.27.030 Applicability
A. This Chapter applies to all signs within the City regardless of their nature or location, unless otherwise specifically exempted in Section 17.27.030.F, Exempt Signs.
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1. Standards for permanent signs are found in Section 17.27.070, Standards for Permanent Signs.
2. Standards for temporary signs are found in Section 17.27.080, Standards for Temporary Signs.
B. The provisions of this Chapter shall be applied in a content-neutral manner.
Noncommunicative aspects of all signs, not related to the content of the sign, shall comply with the provisions of this Chapter. “Non-communicative aspects” include the time, place, manner, location, size, height, illumination, spacing, and orientation of signs.
C. Nothing in this Chapter shall be construed to prohibit a person from holding a sign while picketing or protesting on public property that has been determined to be a traditional or designated public forum, so long as the person holding the sign does not block ingress and egress from buildings, create a safety hazard by impeding travel on sidewalks, in bike or vehicle lanes, or on trails, or violate any other reasonable time, place, and manner restrictions adopted by the City.
D. Substitutions and Interpretations.
1. This Chapter is not intended to, and does not, restrict speech on the basis of its content, viewpoint, or message. No part of this Chapter shall be construed to favor commercial speech over non-commercial speech. A non-commercial message may be substituted for any commercial or non-commercial message displayed on a sign, or the content of any non-commercial message displayed on a sign may be changed to a different noncommercial message, without the need for any approval or permit, provided that the size of the sign is not altered and the sign otherwise complies with the provisions of this Chapter. To the extent any provision of this Chapter is ambiguous, the term will be interpreted not to regulate on the basis of the content of the message.
2. This Chapter applies to all signs within the City.
3. When there is any question regarding the interpretation of a provision of this Chapter, or its application to any specific case or situation, the Director shall interpret the intent of this Chapter.
4. All regulations included in this Chapter shall apply unless a master sign program is approved by the Community Development Director; see Section 17.27.050.G, Sign Program. Entry into agreement between the City and a developer for a master sign program may supersede this Chapter except for matters of public safety.
E. Conflicting Regulations. Exceptions to this Chapter may be made for signs subject to federal or state government regulations that may be in conflict with this Chapter.
F. Exempt Signs. The following are not regulated under this Chapter, do not count toward the maximum total sign area for all permanent signs, and do not require a Sign Permit:
1. Government Signs. Any sign, posting, notice or similar signs placed, installed, or required by law by a city, county, or a federal or state governmental agency in carrying out its responsibility to protect the public health, safety, and welfare, including the following:
Agenda Item #6.1.
Part IV: Citywide Standards
Part 1V, Page 38 | St. Helena Zoning Code | October 2022 Public Review Draft a. Numerals and letters identifying an address from the street to facilitate emergency response and compliant with City requirements; b. Emergency and warning signs necessary to warn of dangerous and hazardous conditions and that serve to aid public safety or civil defense; c. Traffic signs erected and maintained by an authorized public agency; d. Signs required to be displayed by any applicable federal, state, or local law, regulation, or ordinance;
e. Signs directing the public to points of interest; and f. Signs showing the location of public facilities.
g. Signs identifying the department service or location of City facilities and operations subject to the location and size limitations in this Chapter.
2. Incidental signs. Incidental signs not to exceed a total of three-square feet in sign area for all permanent signs in all single-family residential zoning districts and six square feet in all other zoning districts;
3. Signs not readable from the public right-of-way. Signs not readable from the public right-of-way, including:
a. Signs or displays located entirely inside of a building, within a courtyard, openair pedestrian space or similar open area and not visible from the building’s exterior;
b. Signs intended to be readable from within a parking area or City park but not readable beyond the boundaries of the lot or parcel upon which they are located or from any public right-of-way; and
4. Historic Plaques and Commemorative Signs. Historic plaques, memorial signs or tablets either attached to or cut into the surface of buildings, provided that no such sign exceeds two square feet in area.
17.27.040 Minor Sign Permit
A. Purpose. The purpose of the Minor Sign Permit is to allow for ministerial review and approval of certain signs to ensure compliance with the applicable provisions of this Zoning Code.
B. Applicability.
1. The Minor Sign Permit applies to all new signs, additions to signs, alterations of a sign, or replacement of a sign allowed by Chapter 17.27, Signs, excluding illuminated signs.
2. It shall be unlawful for any person to erect, place, display, alter, repair, or relocate a permanent sign without first obtaining approval for a Minor Sign Permit from the Community Development Director.
3. A Minor Sign Permit is not required for the following:
a. Changes to the face or copy of an existing single-tenant or multi-tenant freestanding or building mounted sign from one business to another with no structural or lighting modifications to the sign; and
Agenda Item #6.1.
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October 2022 Public Review Draft | St. Helena Zoning Code | Part IV, Page 39 b. The normal repair and maintenance of conforming or legal nonconforming signs.
C. Application. An application for a Minor Sign Permit shall be prepared, filed, and processed in compliance with Section 17.04.020, Application Process.
D. Notice of Action, Appeals, Expiration, Extensions, and Modifications
1. Planning Commission Review. The Director may require Planning Commission approval of a Minor Sign Permit if it is determined there are special or unusual circumstances associated with the sign application.
2. Notice of Action. Notice of Action shall be provided pursuant to Section 17.04.100, Timing and Notice of Action.
3. Appeals. A decision of the Community Development Director may be appealed to the Planning Commission as provided in Chapter 17.12, Procedures for Appeals.
4. Expiration, Extensions and Modifications. Minor Sign Permits may only be extended or modified as provided for in Section 17.04.140, Extension of Permits and Approvals, and Section 17.04.150, Modifications to an Approval.
E. Inspections. All signs for which a Minor Sign Permit is required are subject to inspection to establish compliance with the provisions of this Chapter as well as the following additional inspections, unless waived in writing by the Chief Building Official:
1. Footing inspections on all freestanding signs, including the addition of additional sign area to existing signs;
2. Electrical inspections for all sign structure(s) prior to placement; and,
3. Final inspection to establish compliance with provisions of this Code and other applicable City codes.
17.27.050 Major Sign Permit
A. Purpose. This Section establishes the permitting process for signs that require review and approval by the Planning Commission.
B. Applicability. The Major Sign Permit applies to:
1. Internally illuminated signs and permanent signs incorporating neon;
2. Neon signs or single- or two-color LED signs placed in a window (see Table 17.27.070.K:
Standards for Window Signs,;
3. Monument signs in the A-20 zoning district (see Table 17.27.070.B: Standards for All Permanent Signs);
4. Signs, alterations of a sign, or replacement of a sign not in compliance with the standards of this Chapter, i.e., signs that are larger, signs of a unique design or location, or signs proposed in addition to those otherwise allowed; and
5. A Sign Program that addresses the needs for all businesses within a building with multiple tenants or a planned commercial development (see Section 17.27.050.G, Sign Programs).
Agenda Item #6.1.
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Part 1V, Page 40 | St. Helena Zoning Code | October 2022 Public Review Draft C. Application Requirements.
1. Pre-Application Review. An optional Pre-Application Review with the Community Development Director is recommended for all applications in compliance with the procedures established in Section 17.04.040, Review of Planning Applications.
2. Application. An application for a Major Sign Permit shall be prepared, filed, and processed in compliance with Section 17.04.020, Application Process.
3. Responsibility. It is the responsibility of the applicant to provide information on the proposed sign which support the findings described in subsection E.
D. Public Hearing and Procedures.
1. Public hearings shall be noticed in compliance with Section 17.04.080, Public Hearing Notice.
2. The Planning Commission shall hold a public hearing on a Major Sign Permit application and shall, at the conclusion of the public hearing, approve (with or without conditions) or deny the application in compliance with the provisions of Chapter 17.04, Common Procedures.
E. Findings. In approving a Major Sign Permit, the Planning Commission shall make the following findings:
1. The sign is compatible with the site;
2. The sign materials are consistent with or complement those of the project;
3. The sign reflects the small-town character of St. Helena;
4. The sign will not negatively impact surrounding properties;
5. The sign does not obscure or detract from the architecture of a historic building or structure; and
6. The sign contributes to the historical or architectural character of the community.
F. Notice of Action, Appeals, Expiration, Extensions, and Modifications.
1. Notice of Action. Notice of Action shall be provided pursuant to Section 17.04.100, Timing and Notice of Action.
2. Appeals. A decision of the Planning Commission may be appealed to the City Council as provided in Chapter 17.12, Procedures for Appeals.
3. Expiration, Extensions and Modifications. Sign Permits may only be extended or modified as provided for in Section 17.04.140, Extension of Permits and Approvals and Section 17.04.150, Modifications to an Approval.
G. Sign Program.
1. A Sign Program is required for all businesses within a multi-tenant building, or other types of planned commercial developments prior to the approval of any signs for an individual business within any of these developments.
Agenda Item #6.1.
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October 2022 Public Review Draft | St. Helena Zoning Code | Part IV, Page 41
2. The Planning Commission shall consider the cumulative visual effect of all signs and may reduce the overall number and/or area of signs allowed for each business or may require that directory signs be used instead of individual signs.
H. Sign Permits – Temporary Wall Banner Signs.
1. Temporary Wall Banner Sign Permit Requirement. It is unlawful for any person to erect, place, display, or relocate a temporary wall banner sign without first obtaining approval for a Temporary Wall Banner Sign Permit from the Community Development Director.
2. Duration of Temporary Wall Banner Sign Permits. The Temporary Wall Banner Sign Permit will be valid for 60 days beginning with the date of issuance, provided the sign is not displayed for more than two weeks at any one time and for not more than four times per year (maximum of eight weeks of temporary signs being displayed per year).
3. Review and Approval.
a. Review. The Community Development Director shall review the Temporary Wall Banner Sign Permit application and supporting documentation for compliance with the standards of Section 17.27.080, Standards for Temporary Signs.
b. Determination. The Community Development Director shall determine whether the Temporary Wall Banner Sign Permit may be issued or if additional information is required from the applicant to complete the permit application.
If the Temporary Wall Banner Sign Permit application is denied, the reason shall be stated in writing.
c. Authorization and Substitution. Issuance of a Temporary Wall Banner Sign Permit authorizes the holder to install a temporary wall banner sign(s) in compliance with the terms of the permit.
i. At any time after a Temporary Wall Banner Sign Permit is issued, a new owner, tenant, or lessee of record may be substituted for the original applicant if a record of the new interest is made with the City and the new interest assumes all obligations to be in compliance with the original permit.
ii. The change of interest shall not imply that any fees paid for the permit will be returned to either the interest which has been replaced or the substitute.
d. Inspections. All signs for which a Temporary Wall Banner Sign Permit is required are subject to inspection to establish compliance with the provisions of Section 17.27.080, Standards for Temporary Signs.
e. Violations. Any Temporary Wall Banner signs installed or displayed without a Temporary Wall Banner Sign Permit are in violation of this Chapter and is grounds for the Community Development Director to issue a correction notice and/or to cause removal of the Temporary Wall Banner sign until appropriate permits are obtained (See Section 17.27.100, Enforcement).
Agenda Item #6.1.
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17.27.060 General Standards for All Signs
A. Sign Message. Any permitted sign may contain, in lieu of any other message or copy, any lawful non-commercial message, so long as the sign complies with the size, height, area, location, and other requirements of this Chapter.
B. Prohibited Location Standards. All signs may not be placed in the following locations or manner, except where specifically authorized in this Chapter:
1. Architectural Features. Areas where a sign would cover the architectural features of a building, such as dormers, insignias, pilasters, soffits, transoms, trims, or another architectural feature;
2. Accessory Structures. Tacked, painted, pasted or otherwise affixed, to the walls of any building, barn or shed, accessory structure, or on trees, poles, posts, fences, ladders or other structures that are visible from a public way. Permanent signs may be attached to a fence or freestanding wall only when a monument or post sign is not present in the development and must be maximum three square feet in sign area;
3. Clearance Standards. Within the horizontal or vertical clearance standards from communications lines and energized electrical power lines prescribed by the laws of the State of California;
4. Conflict with Traffic Signs. Any location that obstructs the view of any authorized traffic sign, signal, or other traffic control device or which by reason of shape, color, or position interferes with or could be confused with any authorized traffic signal or device;
5. Exits and Entrances. Any sign which is placed in a manner that would prevent or inhibit free ingress to or egress from any door, window, vent, or any exit way required by the Building Code, or by Fire Department regulations (currently in effect);
6. Fuel Tanks, Storage Containers, and Solid Waste Receptacles. Painted, attached or mounted on fuel tanks, storage containers and/or solid waste receptacles or their enclosures, except for a manufacturer’s or installer’s identification, appropriate warning signs and placards, and information required by law;
7. Intersections and Site Visibility Triangle. Any sign erected or maintained at or near any street intersection or within the site visibility triangle as defined in Section
17.24.050 that will obstruct the free and clear vision of drivers and pedestrians;
8. Obstruction of Pedestrian Ways. Any sign mounted or displayed in such a manner that impede, obstruct or create hazards with respect to pedestrian traffic. A minimum width of four feet must be maintained on sidewalks at all times;
9. Off-premises. Off-premises signs, except those signs approved by a Major Sign Permit to be located on a legal easement for an access way through another property when such access is required for public use;
10. Public Utilities and Infrastructure. Any sign attached to any public utility pole, structure or streetlight, tree, fence, fire hydrant, bridge, curb, sidewalk, park bench, statue, memorial, or other location on public property, except those signs approved Agenda Item #6.1.
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October 2022 Public Review Draft | St. Helena Zoning Code | Part IV, Page 43 as part of a special event permit on City property or banner signs permitted by the City on light poles within the City;
11. Right-of-Way. Signs located within the public right-of-way including any sign or handbill attached to a utility pole or street sign pole except those required or permitted by federal, State or local law;
12. Vehicles. Mounted, attached, or painted on a trailer, boat, or motor vehicle when parked, stored, or displayed conspicuously on private premises in a manner intended to attract attention of the public for the purpose of advertising or identifying the business premises. This provision excludes signs indicating the name of the owner or business that are permanently painted or wrapped on the surface of the vehicle, adhesive vinyl film affixed to the interior or exterior surface of a vehicle window, or signs magnetically attached to motor vehicles or rolling stock that are actively used in the daily conduct of the business. Vehicles must be operable and parked in a lawful or authorized manner.
C. Prohibited Display Standards. This Subsection regulates the manner in which signs convey their messages by specifying prohibited display features that create distractions to the traveling public and create visual clutter that mar the natural and architectural aesthetics of the City. Signs with the following display features are prohibited:
1. Devices Affected by Movement. Any sign animated by any means, including fixed aerial displays, airborne balloons, balloon bobbers, feather banners, pennants, propellers, spinners, streamers, lights, string of flags, tubes or other devices affected by movement of the air or other atmospheric or mechanical means;
2. Exposed Light Source. Any sign with an exposed light source, except for neon LED strip lights incorporated into the design of the sign;
3. Flashing Lights. Any sign or lighting device, whether on the exterior of a building or on the inside of a window which is visible beyond the boundaries of the lot or parcel, or from any public right-of-way, with intermittent, flashing, rotating, blinking, or strobe light illumination, including search lights;
4. Fluorescent Colors. Any sign which uses florescent colors;
5. Rotating Signs and Barber Poles. Any sign in which the sign body or any portion of the sign body or any portion of the sign rotates, moves up and down, or any other type of action involving a change in position of the sign body or any portion of the sign, whether by mechanical or any other means. Barber poles no larger than three feet high and 10 inches in diameter, and clocks, are excepted from this restriction;
6. Visible Matter and Motion Picture Projection. Any sign which emits sound, odor, smoke, laser light display, hologram lights, or other visible matter, including any sign that uses motion picture projection.
D. Prohibited Sign Types. The following signs are prohibited within the City:
1. Any sign which advertises a business that is a prohibited use or no longer in existence or a product or service no longer being sold, except landmark signs;
2. Bandit signs;
Agenda Item #6.1.
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3. Billboards;
4. Cabinet signs;
5. Electronic message signs;
6. Pan channel letter signs;
7. Roof signs;
8. Sign Walkers;
9. Signs which bear or contain statements, words, or pictures of an obscene nature;
10. Stuffed or inflated animals or characters used as signs; and
11. Any signs not specifically allowed in this Chapter.
E. Rules of Measurement.
1. Sign Area Measurement. Sign area is measured as follows:
a. Signs on Background Panel. Where the sign copy is mounted, affixed, or painted on a background panel or distinctively painted, textured, or constructed surface, the sign area is measured as the sum of the smallest rectangle(s) that will enclose both the sign copy and the background, as shown in Figure
17.27.060.A.
Figure 17.27.060.A: Signs on Background Panel
b. Signs with Individual Letters. Where the sign has individual letters or graphics mounted against a wall, fascia, mansard, parapet, or other building surface that has not been distinctively painted, textured or constructed as a background panel, the sign area is measured as the smallest rectangle(s) that will enclose each word and each graphic in the sign as shown in Figure
17.27.060.B.
Agenda Item #6.1.
Part IV: Citywide Standards
October 2022 Public Review Draft | St. Helena Zoning Code | Part IV, Page 45 Figure 17.27.060.B: Signs with Individual Letters
c. Irregular Shaped Signs. Sign area for irregular shaped signs is determined by dividing the sign into the smallest squares or rectangles that will enclose each word or graphic in the sign as shown in Figure 17.27.060.C. If the square or rectangles overlap, the area of overlap is subtracted from the total sign area.
Figure 17.27.060.C: Irregular Shaped Signs
d. Multi-Face Signs. The sign area for multi-face signs, as shown in Figure
17.27.060.D, are measured as follows:
i. Two-Face Signs. Where the interior angle between the two sign faces is 45 degrees or less and the sign faces are less than 42 inches apart, the sign area is measured as the area of one sign face only. Where the angle between the two sign faces is greater than 45 degrees, the sign area is the sum of the areas of the two sign faces.
ii. Three- or Four-Face Signs. The allowable sign area is measured as 50 percent of the sum of the areas of all sign faces.
Agenda Item #6.1.
Part IV: Citywide Standards
Part 1V, Page 46 | St. Helena Zoning Code | October 2022 Public Review Draft Figure 17.27.060.D: Multi-Face Signs
2. Sign Height Measurement.
a. Freestanding Signs. Sign height for freestanding signs is measured as the vertical distance from the finished grade to the top of the sign.
Figure 17.27.060.E: Freestanding Sign Height
i. Higher Than Adjacent Grade. Where the grade at the base of a sign is higher than the grade of the adjacent road right-of-way, sign height is measured from the base of the sign, as shown in Figure 17.27.060.F.
Agenda Item #6.1.
Part IV: Citywide Standards
October 2022 Public Review Draft | St. Helena Zoning Code | Part IV, Page 47 Figure 17.27.060.F: Freestanding Sign Height, Higher Than Adjacent Grade ii. Lower Than Adjacent Grade. Where the grade at the base of a sign is lower than the grade of an adjacent road right-of-way, the height of the sign is measured from the top of curb elevation, as shown in Figure
17.27.060.G (the portion of the sign below the grade at the edge of the right of way shall not be included in determining the sign’s overall height).
Figure 17.27.060.G: Freestanding Sign Height, Lower Than Adjacent Grade b. Wall Signs. The height of building-mounted signs is the vertical distance measured from the base of the wall on which the sign is located to the top of the sign structure, as shown in Figure 17.27.060.H.
Agenda Item #6.1.
Part IV: Citywide Standards
Part 1V, Page 48 | St. Helena Zoning Code | October 2022 Public Review Draft Figure 17.27.060.H: Wall Sign Height
3. Building Frontage.
a. The wall length and sign area shall be calculated separately for buildings with two or more frontages.
b. Projections and recesses on a building wall may not exceed 10 feet for a continuous building frontage.
F. Sign Illumination.
1. Internal Illumination.
a. Internally illuminated signs include single- or two-color LED signs, signs constructed with reverse pan channel letters (i.e. indirect halo illuminated channel letters) on an unlit or otherwise indistinguishable background on a freestanding sign or building wall.
b. Internally illuminated signs shall be illuminated only with steady, stationary, light sources.
2. External Illumination.
a. Externally illuminated signs shall be illuminated only with steady, stationary, fully shielded light sources directed solely onto the sign without causing glare. b. The light source for externally illuminated signs shall be arranged and shielded to substantially confine all direct light rays to the sign face and away from streets and adjacent properties as illustrated in Figure 17.27.060.J.
Agenda Item #6.1.
Part IV: Citywide Standards
October 2022 Public Review Draft | St. Helena Zoning Code | Part IV, Page 49 Figure 17.27.060.J: External Illumination
3. Neon.
a. Exposed neon sign lighting on permanent signs is only allowed in the CB, MU and I zoning districts subject to review and approval by the Planning Commission.
b. Each business is only allowed one neon sign and it must be placed on the primary frontage of the building.
c. Neon is allowed on no more than 25 percent of the total sign area of a permanent building mounted sign.
d. Neon signs placed in a window are included in the total sign area limitations for all window signs (Refer to Table 17.27.070.K: Standards for Window Signs). e. Neon signs must be turned off daily at the close of business or 10:00 pm, whichever occurs last.
4. Single-Color or Two-Color LED Signs.
a. Single color or two-color LED signs are only allowed in commercial and industrial zoning districts subject to review and approval by the Planning Commission.
b. Single-color or two-color LED signs are exempt from the sign area limitations for wall signs and window signs established in Table 17.27.070.J: Standards for Wall Signs, and Table 17.27.070.K: Standards for Window Signs. c. Any individual single-color or two-color LED sign must not exceed two square feet in area and must be max. four square feet in total. d. Single-color or two-color LED signs must be turned off daily at the close of business or 10:00 pm, whichever occurs last.
G. Sign Structure and Installation.
1. The installation of signs shall be enforced and administered by the Chief Building Official. All signs and sign structures must be designed to comply with the provisions Agenda Item #6.1.
Part IV: Citywide Standards
Part 1V, Page 50 | St. Helena Zoning Code | October 2022 Public Review Draft of this Chapter, the applicable provisions of Title 15 (Building and Construction), and constructed to withstand wind loads, dead loads, and lateral forces. a. Any angle iron, bracing, guy wires, or similar features used to support a sign shall not be visible to the extent technically feasible. b. Where electrical service is provided to freestanding signs or landscape wall signs, the electrical service shall be placed underground and concealed.
Electrical service to building mounted signs, including conduit, housings, and wire, shall be concealed or, when necessary, painted to match the surface of the structure upon which they are mounted. A Building Permit shall be issued prior to installation of any new signs requiring electrical service. c. All permanent signs allowed by this Chapter shall be constructed of durable materials capable of withstanding continuous exposure to the elements and the conditions of a built-up environment, and shall be permanently attached to the ground, a building or another structure by direct attachment to a rigid wall, frame, or structure.
2. Raceway, as illustrated in Figure 17.27.060.K, shall only be used in building mounted signs when access to the wall behind the sign is not feasible, or when the Community Development Director determines that a benefit exists to preserve a historic or architectural feature of a building. In such cases, the raceway shall not extend in width and height beyond the area of the sign and shall match the color of the building to which it is attached.
Figure 17.27.060.K: Raceway
3. Signs shall be designed so that the support frameworks for the sign are an integral part of the design of the sign or within the structure of the building to which it is attached in such a manner as to not be visible.
Agenda Item #6.1.
Part IV: Citywide Standards
October 2022 Public Review Draft | St. Helena Zoning Code | Part IV, Page 51 H. Sign Maintenance.
1. All signs must be maintained by the property owner, tenant, or permittee. In the event a sign becomes derelict for reasons of lack of maintenance the approval may be revoked and the sign subject to abatement.
2. All signs together with their supports and appurtenances shall be maintained in good structural condition, in compliance with applicable Building and Electrical Codes, and in conformance with this Chapter. Maintenance of a sign includes periodic cleaning, replacement of flickering, burned out or broken light bulbs or fixtures, repair or replacement of any faded, peeled, cracked, or otherwise damaged or broken parts of a sign, and any other activity necessary to restore the sign so that it continues to comply with the requirements and contents of the sign permit issued for its installation and provisions of this Chapter.
3. All signs and supporting structures shall be kept in repair and in proper state of preservation. The display surfaces of all signs shall be kept neatly painted and clean.
The immediate surrounding premises shall be maintained free of weeds and rubbish.
The Community Development Director is authorized to order the painting, cleaning or repair of signs which become dilapidated and the cleaning of the immediate premises.
Such maintenance shall be completed within 30 days of receiving written notice.
4. Required landscaped areas contained by a fixed border, curbed area, wall, or other perimeter structure shall receive regular repair and maintenance. Plant materials that do not survive after installation in required landscape areas are required to be replaced within three months.
5. The Chief Building Official has the authority to order the repair, maintenance, or removal of any sign or sign structure that has not been maintained and is dangerous or in disrepair, or which is erected or maintained contrary to the requirements of this Section.
6. Failure to maintain a sign constitutes a violation of this Chapter and will be subject to enforcement action, in which case the Chief Building Official may order the removal of any sign that is determined to be in disrepair or dangerous.
7. Any owner of a sign victimized by graffiti shall remove, repair, or repaint sign(s) within 10 days of the graffiti being applied or within 10 days of notification by the Planning Building Director, whichever event comes first, or the sign shall be subject to removal by the City at the owner's expense.
17.27.070 Standards for Permanent Signs
A. Applicability.
1. This Section establishes the standards for permanent building-mounted and freestanding signs that are applicable in all zoning districts. Standards for each allowed sign type are provided in Table 17.27.070.C to Table 17.27.070.O. All permanent signs must comply with the standards for sign area, height, number, type, and the other requirements provided in these tables.
Agenda Item #6.1.
Part IV: Citywide Standards
Part 1V, Page 52 | St. Helena Zoning Code | October 2022 Public Review Draft
2. A sign type not specifically included in this Section may be allowed by the Community Development Director provided the sign meets the intent of the zone in which it is proposed.
Table 17.27.070.A: Allowed Sign Types by Zoning Districts Sign Type LR MR HR MU CB SC BPO I A-20 W WW PQP PR OS
“•” = Permitted; “―” = Not Permitted
Building-Mounted Signs
Awning Sign − − − • • • • − − • − • − −
Blade Sign − − − • • • • − − • − • − −
Canopy
Sign − − − • • • • − − − − • − −
Directional
Sign − • • • • • • • • • • • • •
Directory
Sign − • • • • • • • • • • • • −
Projecting
Sign − − − • • • − • − − − − − −
Service
Island
Canopy
Sign
− − − − • • • • − − − − − −
Wall Sign 1 • • • • • • • • • • • • • −
Window
Sign 1 − − − • • • • • − • − • − −
Freestanding Signs
Directional
Sign − − • • • • • • • • • • • −
Directory
Sign − • • • • • • • • • • • • •
Monument
Sign − • • • • • • • • 2 • • • − −
Post Sign • • • • • • • • • • • • − −
End Note:
1 Neon is only allowed on wall mounted signs and window signs in the CB, MU, and I zoning districts. Refer to Section 17.27.060.F.3.
2 Monument signs in A-20 require a Major Sign Permit as established in Section 17.27.050, Major Sign Permit.
Agenda Item #6.1.
Part IV: Citywide Standards
October 2022 Public Review Draft | St. Helena Zoning Code | Part IV, Page 53 B. Standards for Permanent Building-Mounted and Freestanding Signs.
1. The maximum total area for all building-mounted and freestanding signs is established in Table 17.27.070.B: Standards for All Permanent Signs.
2. The area of all building-mounted signs is included in the maximum total sign area, except when specifically exempted.
3. All permanent building-mounted and freestanding signs must comply with the corresponding sign type standards provided in Tables 17.27.070.C to Table
17.27.070.O.
Table 17.27.070.B: Standards for All Permanent Signs
Zoning
Districts
Max. Sign Height,
Building-Mounted
Max. Sign Height,
Freestanding Total Sign Area per Business or Development “sf” = square feet; “lf” = linear feet
LR, A-20 1 8 ft 5 ft
LR: Max. 4 sf
A-20: Max. 6 sf
MR 8 ft 5 ft Max. 16 sf
HR 8 ft 5 ft Max. 20 sf
MU, CB
20 ft 8 ft
Max. 1.0 sf per linear foot of business frontage; not to exceed 40 sf for the primary frontage and 20 sf for
secondary frontage
SC, I 2 20 ft 10 ft Primary frontage: Max. 60 sfSecondary frontage Max. 20 sf BPO
20 ft 10 ft Primary frontage: Max. 40 sf
Secondary frontage: Max. 20 sf
W, WW 3 8 ft 5 ft Primary frontage: Max. 20 sf
Secondary frontage: Max. 20 sf
PQP, PR, OS 1 12 ft 6 ft Primary frontage: Max. 20 sfSecondary frontage: Max. 20 sf Notes:
1. The Community Development Director may grant by Minor Use Permit an increase in the maximum total sign area for all permanent signs in these zoning districts for public parks and recreation facilities, public schools, governmental facilities, public cultural facilities, and nonprofit hospitals.
2. The Planning Commission may approve signs that exceed the height, size, and number of signs specified in the SC and I zoning districts for properties located along Main Street where the visibility of the sign is impaired due to any one of the following:
A) The building is set back from the street for a distance of 50 feet or more; B) The visibility of the building is obscured;
C) The speed limit on Main Street is greater than 35 miles per hour; or D) A sign meeting the standards of this Chapter world create a safety hazard by obscuring the vision of vehicles exiting the property.
3. All signs in the WW zoning district shall be non-illuminated.
Agenda Item #6.1.
Part IV: Citywide Standards
Part 1V, Page 54 | St. Helena Zoning Code | October 2022 Public Review Draft C. Standards for Permanent Building-Mounted Signs
1. Awning Sign. Awning signs must comply with the standards provided in the table below.
Table 17.27.070.C: Standards for Awning Signs
Standards MU and CB SC, BPO, W, and PQP
“sf” = square feet; “lf” = linear feet
Sign Area
Max. 0.5 sf per lf of awning width Max. 1 sf per lf of awning width Included in the total allowable sign area for all building-mounted signs (see Table 17.27.070.B).
Mounting Height
Min. 7 ft 6 inches from the bottom of the awning to the nearest grade or sidewalk.
Max. 20 ft.
Sign Placement
Must only be placed above the doors and windows of the ground floor.
Sign width must not be greater than 40% of the width of the awning face or valance on which it is displayed.
May project into public right-of-way with approval of an Encroachment Permit.
Valance Height Max. 9 in.
Horizontal Distance from
Back of Curb Min. 2 ft.
Agenda Item #6.1.
Part IV: Citywide Standards
October 2022 Public Review Draft | St. Helena Zoning Code | Part IV, Page 55
2. Blade Sign. Blade signs must comply with the standards provided in the table below.
Table 17.27.070.D: Standards for Blade Signs
Standards MU, CB, SC, BPO, W, and PQP
“sf” = square feet; “lf” = linear feet
Sign Area
Max. 4 sf per side.
Included in the total allowable sign area for all building-mounted signs (see Table 17.27.070.B).
Mounting Height
Min. 7 ft 6 inches from the bottom of the sign to the nearest grade or sidewalk.
Must be mounted perpendicular to the building face or at the corner of the building.
Number of Signs Max. 2 signs; 1 sign per frontage.
Sign Placement
Sign must not extend beyond the edge of the structure on which it is located if mounted below the walkway or overhead structure.
May project into public right-of-way with approval of an Encroachment Permit.
Horizontal Distance from
Back of Curb Min. 2 ft.
Illumination Non-illuminated, internal illumination, or external illumination.
Agenda Item #6.1.
Part IV: Citywide Standards
Part 1V, Page 56 | St. Helena Zoning Code | October 2022 Public Review Draft
3. Canopy Sign. Canopy signs must comply with the standards provided in the table below.
Table 17.27.070.E: Standards for Canopy Signs
Standards MU, CB, SC, BPO, and PQP
“sf” = square feet; “lf” = linear feet
Sign Area Max.1 sf per linear foot of canopy width.
Sign Height Min. 7 ft 6 inches from the bottom of the canopy to the nearest grade or sidewalk; Max. 20 ft.
Number of Signs 1 per business frontage.
Sign Placement
Must be placed above the doors and windows of the ground floor of a building.
Sign width must not be greater than 60% of the width of the canopy on which it is displayed.
If a canopy is placed on multiple store fronts, each business is permitted signage no greater than 60% of the store width or tenant space.
May project into public right-of-way with approved of an Encroachment Permit.
Horizontal Distance from
the Edge of the Canopy to
Back-of-Curb
Min. 2 ft.
Illumination Non-illuminated or internal illumination.
Agenda Item #6.1.
Part IV: Citywide Standards
October 2022 Public Review Draft | St. Helena Zoning Code | Part IV, Page 57
4. Directional Signs (Building-Mounted). Directional signs must comply with the standards provided in the table below.
Table 17.27.070.F: Standards for Directional Signs (Building-Mounted) Standards MR, HR, MU, CB, SC, BPO, I, A-20, W, WW, PQP, PR, and OS “sf” = square feet; “lf” = linear feet
Sign Area
Max. 3 sf.
Excluded from the total number of allowed signs for all buildingmounted signs.
Mounting Height Max. 6 ft.
Sign Placement Max. 1 per pedestrian walkway.
Illumination Non-illuminated or external illumination.
Agenda Item #6.1.
Part IV: Citywide Standards
Part 1V, Page 58 | St. Helena Zoning Code | October 2022 Public Review Draft
5. Directory Signs (Building-Mounted). Directory signs must comply with the standards provided in the table below.
Table 17.27.070.G: Standards for Directory Signs (Building-Mounted) Standards MR, HR, MU, CB, SC, BPO, I, A-20, W, WW, PQP, and PR “sf” = square feet; “lf” = linear feet
Sign Area
Max. 1 sf per tenant space; Max. 10 sf total sign area.
Excluded from the total number of allowed signs for all buildingmounted signs.
Mounting Height Max. 6 ft from nearest grade.
Number of Signs Max. 1 per primary building entrance.
Illumination Non-illuminated, internal illumination, or external illumination.
Agenda Item #6.1.
Part IV: Citywide Standards
October 2022 Public Review Draft | St. Helena Zoning Code | Part IV, Page 59
6. Projecting Signs. Projecting signs must comply with the standards provided in the table below.
Table 17.27.070.H: Standards for Projecting Signs
Standards MU and CB SC and I
“sf” = square feet; “lf” = linear feet
Sign Area
Max. 12 sf per side Max. 24 sf per side
Included in the total allowable sign area for all building-mounted signs (see Table 17.27.070.B).
Mounting Height Min. 7 ft 6 inches from the bottom of the sign to the nearest grade or sidewalk.
Sign Placement
Projecting signs shall not be permitted closer than 20 feet from each other.
May project into public right-of-way (but not public alleys) with approval of an Encroachment Permit
May not extend vertically above the second floor window sill or when there is no second floor, may not extend above the parapet, eave, or roof line.
Max. 6 ft from the building wall to the outer edge of the sign.
Horizontal Distance from
Back of the Curb Signs may not project within two feet of the curb line.
Number of Signs
Max. 1 per business when neither a monument sign nor a roof sign is present in the development.
Not allowed if a monument sign or post sign is present.
Illumination Non-illuminated, internal illumination, or external illumination.
Agenda Item #6.1.
Part IV: Citywide Standards
Part 1V, Page 60 | St. Helena Zoning Code | October 2022 Public Review Draft
7. Service Island Canopy Signs. Service Island Canopy signs must comply with the standards provided in the table below.
Table 17.27.070.I: Standards for Service Island Canopy Signs Standards CB, SC, BPO, and I
“sf” = square feet; “lf” = linear feet
Sign Area
Max. 60 sf for the total area of all signs on the canopy.
Included in the total allowable sign area for all building-mounted signs (see Table 17.27.070.B).
Number of Signs Signs may only be displayed on max. 3 canopy facades.
Illumination Internal illumination.
Agenda Item #6.1.
Part IV: Citywide Standards
October 2022 Public Review Draft | St. Helena Zoning Code | Part IV, Page 61
8. Wall Signs. Wall signs must comply with the standards provided in the table below.
Table 17.27.070.J: Standards for Wall Signs
Standards LR, MR, HR, MU, CB, SC, BPO, I, A-20, W, WW, PQP, and PR “sf” = square feet; “lf” = linear feet
Sign Area
As provided in Table 17.27.070.B.
Included in the total allowable sign area for all building-mounted signs (see Table 17.27.070.B).
Number of Signs Unlimited, provided the maximum area allowed for wall signs is not exceeded.
Sign Placement
Refer to the illustration below for applicable standards.
Wall signs shall be placed to establish a facade rhythm, scale, and proportion between buildings.
The sign’s length shall not exceed the width of the framed portion of the storefront and shall not exceed 15 percent of the building facade.
Special Provisions Requirements
Painted Wall Signs
Painted wall signs are allowed on any exterior building wall of an individual tenant space or building.
Painted wall signs must be professionally painted.
The allowable area for painted wall signs will be increased by 10% over the normal allowable sign dimensions for the zone.
Painted wall signs are prohibited on historically designated buildings.
Illumination Non-illuminated, internal illumination, or external illumination.
Agenda Item #6.1.
Part IV: Citywide Standards
Part 1V, Page 62 | St. Helena Zoning Code | October 2022 Public Review Draft
9. Window Signs. Window signs must comply with the standards provided in the table below.
Table 17.27.070.K: Standards for Window Signs
Standards MU, CB, SC, BPO, I, W, and PQP
“sf” = square feet; “lf” = linear feet
Sign Area
The combined area of temporary and permanent window signs must not exceed 40% of the area of the window on which they are displayed.
Max. 25% of sign area may be neon or single-color or two-color LED signs.
Neon or single-color or two-color LED signs greater than 2 sf each or a total of 4 sf require Planning Commission approval.
Refer to Subsection 17.27.060.F.3, Neon and Subsection
17.27.060.F.4, Single-color or two-color LED signs.
Adhesive vinyl, gild-leaf, or screen printing is preferred over handpainted window signs.
Sign Placement
Must be mounted or displayed on the interior of the window.
Window signs shall only be mounted on the first or second floor windows of a building.
Agenda Item #6.1.
Part IV: Citywide Standards
October 2022 Public Review Draft | St. Helena Zoning Code | Part IV, Page 63 D. Standards for Permanent Freestanding Signs.
1. Standards for each allowed permanent freestanding sign type are provided in tables with a supporting illustration of each sign type. All permanent signs must comply with the standards for sign area, height, number, type, and other requirements provided in these tables.
2. Directional Signs (Freestanding). Directional signs must comply with the standards provided in table below.
Table 17.27.070.L: Standards for Directional Signs (Freestanding) Standards HR, MU, CB, SC, BPO, I, A-20, W, WW, PQP, and PR “sf” = square feet; “lf” = linear feet
Sign Area
2 sided allowed; Max. 3 sf per sign face.
Excluded from the total number of allowed signs for all freestanding signs.
Sign Height Max. 6 ft; Max. 4 ft at driveway or drive-through lanes.
Number of Signs Max. 1 per driveway entrance or pedestrian walkway.
Illumination Non-illuminated, internal illumination, or external illumination.
Special Provisions May be mounted on either 1 or 2 posts.
Agenda Item #6.1.
Part IV: Citywide Standards
Part 1V, Page 64 | St. Helena Zoning Code | October 2022 Public Review Draft
3. Directory Signs (Freestanding). Directory signs must comply with the standards provided in the table below.
Table 17.27.070.M: Standards for Directory Signs (Freestanding) Standards MR, HR, MU, CB, SC, BPO, I, A-20, W, WW, PQP, PR, and OS “sf” = square feet; “lf” = linear feet
Sign Area Max. 10 sf; Max. 1 sf per tenant space. Excluded from the total number of allowed signs for all freestanding signs.
Sign Height Max. 6 ft from nearest grade.
Number of Signs Max. 1 per building.
Illumination Non-illuminated, internal illumination, or external illumination.
Special Provisions May be mounted on either 1 or 2 posts.
Agenda Item #6.1.
Part IV: Citywide Standards
October 2022 Public Review Draft | St. Helena Zoning Code | Part IV, Page 65
4. Monument Signs. Monument signs must comply with the standards provided in the table below.
Table 17.27.070.N: Standards for Monument Signs
Standards MR, HR, MU, CB, SC, BPO, I, A-20, W, WW, and PQP “sf” = square feet; “lf” = linear feet
Sign Area As provided in Table 17.27.070.B.
Sign Height
As provided in Table 17.27.070.B.
Elements to enhance the design of a sign structure may extend above the sign to a max of 20% of the sign’s allowed height, or 12 inches, whichever is greater.
Total Sign Width Elements to enhance the design of a monument sign structure may extend no more than 2 feet on either side of the sign.
Base Width The sign base must be at least 60% of the width of the sign.
Number of Signs Only one monument sign is allowed per building per frontage.
Not allowed if a post sign is present in the development.
Sign Placement
Only located on private property along a site frontage facing a public street.
Illumination Non-illuminated, internal illumination, or external illumination.
Agenda Item #6.1.
Part IV: Citywide Standards
Part 1V, Page 66 | St. Helena Zoning Code | October 2022 Public Review Draft
5. Post Signs. Post signs must comply with the standards provided in the table below.
Table 17.27.070.O: Standards for Post Signs
Standards LR, MR, HR, MU, CB, SC, BPO, I, A-20, W, WW, and PQP “sf” = square feet; “lf” = linear feet
Sign Area As provided in Table 17.27.070.B
Sign Height
Max. 6 ft.
Elements to enhance the design of a sign structure may extend above the sign to a max of 20% of the sign’s allowed height, or 12 inches, whichever is greater.
Sign Placement Max. 5 ft setback from the front property line.
Number of Signs Max. 1 per property frontage.
Not allowed if a monument sign is present in the development.
Illumination Non-illuminated, internal illumination, or external illumination.
Special Provisions Post signs shall be located in a landscaping area defined by a vertical curb to protect the sign.
Agenda Item #6.1.
Part IV: Citywide Standards
October 2022 Public Review Draft | St. Helena Zoning Code | Part IV, Page 67
17.27.080 Standards for Temporary Signs
A. Purpose. The Council finds that the proliferation of temporary signs is a distraction to the traveling public and creates aesthetic blight and litter that threatens the public’s health, safety, and welfare. In addition to the purpose provisions of Section 17.27.010, Purpose, these regulations ensure that temporary signs do not create a distraction to the traveling public by eliminating the aesthetic blight and litter caused by temporary signs and that certain types of temporary signs are allowed to ensure that residences are not left vacant for extended periods of time.
B. General to All Temporary Signs. Temporary signs are allowed only in compliance with the provisions of this Section.
1. Permits. A Temporary Wall Banner Sign Permit is required to display a temporary wall banner sign with a maximum area of 32 square feet. Wall Banners larger than 32 square feet in area requires Minor Sign Permit approval (see Section 17.27.040, Minor Sign Permit). All other temporary sign types do not require a Sign Permit. Each tenant in a multi-tenant building is entitled to a temporary wall banner sign in accordance with this Section.
2. Not Included in Permanent Sign Allowances. Temporary signs are not counted toward the maximum total sign area established in Section 17.27.070, Standards for Permanent Signs.
3. General Time, Place, and Manner Restrictions.
a. Prohibited Location Standards. Temporary signs must be placed in compliance with subsection 17.27.060.B, Prohibited Location Standards, unless specifically exempted by this Section.
b. Period of Use. There is no limit on the length of time that a temporary sign may be displayed, except for temporary wall banner signs (see Table 17.27.080.B:
Standards for Specific Temporary Signs).
c. Prohibited Display Standards. Temporary signs must comply with subsection
17.27.060.C, Prohibited Display Standards.
d. Design and Construction. Temporary signs must be of sufficient weight and durability to withstand wind gusts, storms, etc. and must be professionally crafted.
Agenda Item #6.1.
Part IV: Citywide Standards
Part 1V, Page 68 | St. Helena Zoning Code | October 2022 Public Review Draft C. Additional Standards for Temporary Signs.
1. Temporary signs are allowed in compliance with provisions in Table 17.27.080.A:
Standards for Temporary Signs.
Table 17.27.080.A: Standards for Temporary Signs
Standard Requirement
“sf” = square feet; “lf” = linear feet
LR, A-20, MR, HR, W, WW, PQP, PR, and OS Zoning Districts Total Area of all Temporary Signs at
Any One Time Max. 16 sf 1, 2
Number of Signs Unlimited except that the total sign area of all temporary signs must not exceed 16 sf.
MU and CB Zoning Districts
Total Area of All Temporary Signs at
Any One Time
Max. 32 sf per business, with a total of max. 72 sf per lot.
Excludes the area of temporary wall banner signs.
Number of Signs
Unlimited except that the total sign area of all temporary signs (excludes area of temporary wall banner signs) must not exceed 32 sf per business.
Exception: Multi-tenant shopping centers or offices – Max. 2 temporary wall banner signs per 150 lf of property frontage not to exceed 64 sf combined.
SC, BPO, and I Zoning Districts
Total Area of All Temporary Signs at
Any One Time
Max. 40 sf per business, with a total of max. 90 sf per lot.
Excludes the area of temporary wall banner signs.
Number of Signs
Unlimited except that the total sign area of all temporary signs (excludes the area of wall banner signs) must not exceed 40 sf per business.
Exception: Multi-tenant shopping centers or offices – Max. 2 temporary wall banner signs per 150 linear feet of property frontage not to exceed 64 sf combined.
Notes:
1 The Community Development Director may grant with a Minor Use Permit an increase in the maximum total sign area for all temporary signs in these zoning districts for public parks and recreation facilities, public schools, governmental facilities, public cultural facilities, and nonprofit hospitals.
2 All temporary signs with commercial messages are prohibited in all residential zones, except that temporary signs with commercial messages advertising the sale or lease of real property are allowed in residential zones.
Agenda Item #6.1.
Part IV: Citywide Standards
October 2022 Public Review Draft | St. Helena Zoning Code | Part IV, Page 69
2. Standards for Specific Temporary Signs. Temporary signs must comply with the standards provided in Table 17.27.080.B: Standards for Specific Temporary Sign Types.
Table 17.27.080.B: Standards for Specific Temporary Signs Temporary
Sign Type1
Standards
Height Other Requirements
(Max.)
Width
(Max.)
Area
(Max.)
“sf” = square feet; “lf” = linear feet
Allowed in all Zones Unless Noted in “Other Requirements” A-Frame or
Upright Sign 4 ft 3 ft 6 sf
Must be located within 15 feet of the building in
which the business is located.
May be located on a sidewalk provided a
minimum width of at least four feet in compliance
with applicable ADA standards allows for
unimpeded pedestrian movement.
Only permitted during regular business hours in
non-residential zoning districts.
Wall Banner
25 ft to
top of
banner
― 32 sf
Prohibited in residential zoning districts.
2 Must be mounted on a building wall or on T-posts
or stakes installed ≤ 6” from a wall on which the
wall banner would be hung.
Window Sign ― ―
See
End
Note 3
Must be placed no higher than first story
windows.
Inside mounting required.
Not included in the total sign area for all
temporary signs.
Agenda Item #6.1.
Part IV: Citywide Standards
Part 1V, Page 70 | St. Helena Zoning Code | October 2022 Public Review Draft Table 17.27.080.B: Standards for Specific Temporary Signs Temporary
Sign Type1
Standards
Height Other Requirements
(Max.)
Width
(Max.)
Area
(Max.)
“sf” = square feet; “lf” = linear feet
Allowed in all Zones
Yard Sign Type 1 4 ft 2 ft 6 sf
All yard signs must be installed securely in the
ground. Yard Sign Type 2 6 ft 2 ft 5 sf
Yard Sign Type 3 6 8 ft 32 sf
Notes:
1 Other temporary sign types may be allowed (e.g., fuel pump topper signs or wraps around waste receptacles) provided the max. area limitation for all temporary signs is not exceeded. 2 Except, banners greater than 32 sf in area installed in residential zoning districts for new subdivisions require Major Sign Permit approval.
3 The area of temporary and permanent window signs combined (including signs constructed of perforated vinyl or painted on the window) must not exceed 40% of the area of the window on or within which they are displayed.
3. Temporary Signs Associated with Model Sales Office. All temporary signs associated with model sales office for new subdivisions require a Conditional Use Permit approval (see Section 17.05.020).
Agenda Item #6.1.
Part IV: Citywide Standards
October 2022 Public Review Draft | St. Helena Zoning Code | Part IV, Page 71
17.27.090 Nonconforming Signs
Section 17.09.070, Nonconforming Signs, provides the standards and regulations for nonconforming signs.
17.27.100 Enforcement
It shall be unlawful for any person, firm, or corporation to erect, construct, enlarge, alter, repair, display, maintain or use a sign within the City contrary to, or in violation of, any provision of this Chapter. The requirements of this Chapter shall be enforced in compliance with the enforcement provisions of Chapter 17.13, Enforcement.
17.27.110 Severability
If any Section, sentence, clause, phrase, word, portion or provision of a Chapter is held invalid or unconstitutional by any court of competent jurisdiction, such decision shall not affect, impair, or invalidate any other Section, sentence, clause, phrase, word, portion, or provision of this Chapter which can be given effect without the invalid provision. The invalidation of the application of any Section, sentence, clause, phrase, word, portion, or provision of this Chapter to a particular property or structure, or any particular properties or structures, by any court of competent jurisdiction shall not affect the application of such Section, sentence, clause, phrase, word, portion or provision to any other property or structure not specifically included in said invalidation.
Agenda Item #6.1.
Part IV: Citywide Standards
Part 1V, Page 72 | St. Helena Zoning Code | October 2022 Public Review Draft Chapter 17.28 Performance Standards
17.28.010 Purpose
This Chapter has been adopted to:
A. Establish permissible limits and permit objective measurement of nuisances, hazards, and objectionable conditions;
B. Ensure that all uses will provide necessary control measures to protect the community from nuisances, hazards, and objectionable conditions; and
C. Protect industry from arbitrary exclusion from the City.
17.28.020 Applicability
A. The standards of this Chapter shall apply to all uses and properties existing in the City at the time of adoption of this Title.
B. Activities that generate odor, fumes, vibration, glare, dust, water or air pollution, fire or explosive hazard and visual impact shall be subject to Conditional Use Permit conditions (see Section 17.05.020, Conditional Use Permit, that ensure that public health, safety and welfare is not compromised.
17.28.030 Prohibited Uses
Uses constituting or resulting in public or private nuisance because of the emission of any smoke, dust, gas, odor, fumes, noise, vibration, radioactive or fissionable material, or refuse material are specifically prohibited in the City:
17.28.040 Measurement of Impacts
Measurements necessary for determining compliance with the standards of this Chapter shall be taken at the lot line of the establishment or use that is the source of a potentially objectionable condition, hazard, or nuisance.
17.28.050 Dust and Fumes
Uses, activities, and processes shall not operate in a manner that emits excessive dust, fumes, smoke, or particulate matter, unless authorized under federal, State, or local law. Sources of air emissions shall comply with all rules established by the Environmental Protection Agency (Code of Federal Regulations, Title 40), the California Air Resource Board, and the Bay Area Air Quality Management District.
17.28.060 Electromagnetic Interference
No use, activity or process shall cause electromagnetic interference with normal radio and television reception, or with the function of other electronic equipment beyond the lot line of the site in which Agenda Item #6.1.
Part IV: Citywide Standards
October 2022 Public Review Draft | St. Helena Zoning Code | Part IV, Page 73 it is situated. All uses, activities and processes shall comply with applicable Federal Communications Commission regulations.
17.28.070 Fire and Explosive Hazards
All activities, processes and uses involving the use of, or storage of, flammable and explosive materials shall be provided with adequate safety devices against the hazard of fire and explosion. Firefighting and fire suppression equipment and devices standard in industry shall be approved by the Fire Chief.
All incineration is prohibited with the exception of those substances such as, but not limited to, chemicals, insecticides, hospital materials and waste products, required by law to be disposed of by burning and deemed a practical necessity by the Fire Chief.
17.28.080 Hazardous and Extremely Hazardous Materials
A. The use, handling, storage and transportation of hazardous and extremely hazardous materials shall comply with the provisions of the California Hazardous Materials Regulations and the California Fire and Building Codes, as well as the laws and regulations of the California Department of Toxic Substances Control and the County Environmental Health Agency.
B. Industrial (I) District.
1. No hazardous or flammable materials shall be stored outside of the building without a proper storage container.
2. A business plan shall be filed annually with the County of Napa Hazardous Material Section of the Department of Environmental Management and a copy of approval shall be submitted to the Community Development Director.
17.28.090 Heat and Humidity
Uses, activities, and processes shall not produce any emissions of heat or humidity that cause distress, physical discomfort, or injury to a reasonable person, or interfere with ability to perform work tasks or conduct other customary activities.
17.28.100 Waste Disposal
A. Discharges to Surface Water, Sewers or Ground. Liquids and solids of any kind shall not be discharged, either directly or indirectly, into a public or private body of water (surface waters), storm drain or sanitary sewage system, watercourse, or into the ground, except in compliance with applicable regulations of the California Regional Water Quality Control Board.
B. Containment. Wastes shall be handled and stored so as to prevent nuisances, health, safety and fire hazards, and to facilitate recycling. Closed containers shall be provided and used for the storage of any materials which by their nature are combustible, volatile, dust, or odor producing or edible or attractive to rodents, vermin, or insects.
C. Incineration. There shall be no rubbish or refuse incineration on the premises with the exception of those materials and disposal processes covered in Section 17.28.070, Fire and Explosive Hazards.
Agenda Item #6.1.
Part IV: Citywide Standards
Part 1V, Page 74 | St. Helena Zoning Code | October 2022 Public Review Draft D. Winery (W) District. Winery operations shall generate no discernible odors of sewerage or putrefying organic material origin, other than normal fermentation odors, at the property lines. For additional waste disposal standards specific to the W district, see Section 17.19.040, Supplemental Standards.
17.28.110 Vibration
A. No vibration shall be produced that is transmitted through the ground and is discernible without the aid of instruments at the lot lines of the site. Vibrations from temporary construction, demolition, and vehicles that enter and leave the subject parcel (e.g., construction equipment, trains, trucks, etc.) are exempt from this standard.
B. An acoustic study shall be required for any proposed development within 200 feet or railroad track. Measures may be required to ensure that vibration impacts remain below acceptable levels.
Agenda Item #6.1.
Part IV: Citywide Standards
October 2022 Public Review Draft | St. Helena Zoning Code | Part IV, Page 75 Chapter 17.29 Density Bonus
17.29.010 Purpose
This Chapter has been adopted to encourage the development of housing affordable to all segments of the community and to provide for incentives to defray the costs of providing affordable housing for very low, low, and moderate income households in the City. In enacting these provisions, the City expressly intends this Chapter to satisfy the requirements of:
A. Government Code § 65915 and the City’s housing element by specifying how the City shall provide density bonuses and/or incentives or concessions for the construction of certain housing projects affordable to lower income, very low income, senior households, transitional foster youth, disabled veterans or homeless, lower income students, and for condominium and planned development projects affordable to moderate income households; and B. Government Code § 65589.7 and the City’s housing element by specifying how the City will grant priority for the provision of water and sewer services to developments that include housing units affordable to lower income households.
17.29.020 Applicability
An applicant may request a density bonus and concessions or incentives for a residential or residential mixed-use project of five or more units that satisfy one or more of the following criteria:
A. At least 10 percent of total units are designated for lower income households; B. At least five percent of the total units are designated for very low income households; C. A senior citizen housing development as defined in §§ 51.3 and 51.12 of the Civil Code; D. At least 10 percent of the total units are designated for transitional foster youth, disabled veterans or homeless as defined by federal McKinney-Vento Homeless Assistance Act (42 U.S.C. §11301 et seq.) with affordability at the same level as very low income units.
E. A student housing development with at least 20 percent of the units for lower income students that meets the requirements set forth in § 65915(b)(1)(F)(i).
F. For a condominium project or planned development project only, at least 10 percent of total units are designated for moderate income households.
17.29.030 Project Requirements
In addition to satisfying one or more of the criteria in Section 17.29.020, Applicability, the applicant requesting a density bonus and/or incentive or concession shall satisfy the following requirements:
A. The designated units shall be comparable to the non-designated units within the project.
B. The applicant and/or owner shall enter into an agreement with the City to ensure the continuing affordability of units designated for low and very low income households. Where the City grants a density bonus or concessions or incentives, such agreement shall be for a Agenda Item #6.1.
Part IV: Citywide Standards
Part 1V, Page 76 | St. Helena Zoning Code | October 2022 Public Review Draft term of not less than 55 years for rental units and not less than 45 years for ownership units, or longer should the project financing so require.
C. The applicant and/or owner shall enter into an agreement with the City to ensure that the initial occupant of units in for sale projects directly related to the receipt of the density bonus shall be a person or family of moderate income. Upon resale, the seller of the unit shall retain the value of any improvements, the down payment, and the seller’s proportionate share of appreciation. The City Council shall adopt a resolution establishing the method for determining how the City will recapture its proportionate share of appreciation which shall then be used within three years for any of the purposes described in subdivision (e) of § 33334.2 of the Health and Safety Code that promote home ownership.
D. Except as otherwise provided in Government Code § 65915, units designated for rent by lower income households shall be affordable at rents, including a utility allowance, that do not exceed 30 percent of 60 percent of area median income for Napa County. Units designated for rent by very low income households shall be affordable at rents, including a utility allowance, that do not exceed 30 percent of 50 percent of the area median income.
E. Units designated for purchase by low income or moderate income households shall be sold at an affordable housing cost according to limits established by the State Department of Housing and Community Development in accordance with Health and Safety Code § 50052.5.
F. The developer and/or property owner shall provide the City a yearly accounting of the total project units occupied and vacant, the total occupied and vacant units designated for low or very low income households, and rents charged.
17.29.040 Application
A. To apply for a density bonus consistent with the requirements in Government Code § 65915 (f) (1-4) and/or incentives or concessions, the applicant may submit a proposal for specific incentives or concessions and may request a meeting with the City. The preliminary written proposal shall provide the following information:
1. Preliminary sketch plan showing at a minimum the context, location of buildings, and parking;
2. A narrative describing the proposed development including the number, type, and size of the housing units;
3. Any request for waiver of development standards;
4. Information satisfactory to the Community Development Director, such as capital costs, equity investment, debt service, projected revenues, operating expenses, and any other information deemed appropriate to enable the City to determine the project cost per unit and whether the waiver or modification of otherwise applicable standards that will result in identifiable and actual cost reductions to:
a. Provide for affordable housing costs, as defined in § 50052.5 of the Health and Safety Code;
b. Provide for rents for the targeted units to be set as specified in subdivision (c) of Government Code § 65589.7; or
Agenda Item #6.1.
Part IV: Citywide Standards
October 2022 Public Review Draft | St. Helena Zoning Code | Part IV, Page 77 c. Otherwise make the housing units economically feasible.
B. The City shall, within 120 days of receipt of an application deemed to be complete and consistent with Section 17.04.040, Review of Planning Applications, notify the developer in writing whether and in what manner the City shall grant a density bonus and incentives or concessions as stipulated in Table 17.29.040.A: Required Concessions and Incentives.
Table 17.29.040.A: Required Concessions and Incentives
Number of
Concessions/
Incentives 1
Percentage of Very
Low Income Units
Percentage Low
Income Units
Percentage of
Moderate Income
Units in a
Condominium or
Planned Development
1 5% 10% 10%
2 10% 17% 20%
3 15% 24% 30%
4 100% Low/Very
Low/Mod (up to 20%
Moderate Allowed)
100% Low/Very
Low/Mod (up to 20%
Moderate Allowed)
100% Low/Very
Low/Mod (up to 20%
Moderate Allowed)
End Notes:
1 A concession or incentive only applies if an application is submitted for a density bonus.
In addition to the requirements of this Section, any applicant who proposes to construct a housing development that conforms to the requirements of this Chapter and includes a child care facility that will be located on the premises of, as part of, or adjacent to the project shall also be entitled to either an additional density bonus or an additional concession or incentive in accordance with the provisions of California Government Code § 65915(h).
C. Alternatively, in a City Council meeting scheduled separately from the approval process and timeline for the housing development and within 120 days of receipt of an application deemed to be complete consistent with Section 17.04.040, Review of Planning Applications, the City Council shall preliminarily find that:
1. The concession or incentive would not result in actual and identifiable cost reductions in order to provide for affordable housing costs, as defined in § 50025.2 of the Health and Safety Code or for rents for the proposed density bonus units as required pursuant to this Chapter; or
2. The concession or incentive would have a specific, adverse impact upon public health and safety, or upon the physical environment, or upon real property listed in the California Register of Historical Resources and there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact without rendering the development unaffordable to low- and moderate-income households. For purposes of this subsection, “specific, adverse impact” means a significant, quantifiable, direct, and unavoidable impact, based on objective, identified written public health or safety standards, policies, or conditions as they existed on the date the application was Agenda Item #6.1.
Part IV: Citywide Standards
Part 1V, Page 78 | St. Helena Zoning Code | October 2022 Public Review Draft deemed complete. Such notification shall represent the joint recommendation of the Community Development Director charged with implementing this Section; provided, however, that the City Council, in acting on the project, may modify such recommendation.
D. In accordance with the provisions of California Government Code § 65915(f), an applicant may elect to accept a lesser percentage of density bonus than the maximum specified in this Chapter, including but not limited to no increase in density.
E. In accordance with the provisions of California Government Code § 65915, the granting of a density bonus pursuant to this Chapter shall not be interpreted, in and of itself, to require a General Plan amendment, zoning change, or other discretionary approval.
F. If the applicant does not submit a written preliminary proposal, the applicant shall submit a request in writing for specific incentives along with information described in subsection A.4 (along with other materials required for application submittal) at the time a formal application is submitted. The Approval Authority shall either grant the density bonus and concessions/incentives requested by the applicant or make one of the findings, based on substantial evidence, described in subsection C.1 or C.2.
G. The applicant shall pay any fee(s) which shall be paid at the time directed by the Community Development Director but not later than prior to issuance of a building permit(s) unless otherwise established by resolution of the City Council to implement this Section, including, but not limited to:
1. Fees to process the request for a density bonus and/or other concessions or incentives;
2. Preparation of contracts and other documents; and
3. Monitoring contracts and documents for compliance.
H. Affordable units under this Section shall be constructed at the same time as the market-rate units. The right to a density bonus or concession under this Chapter shall not be transferred to another development. Where an applicant proposes to simultaneously develop two or more parcels in the City, nothing in this Section shall prohibit the City Council in its discretion from using a density bonus and/or concession/incentive granted for one of the parcels on another parcel proposed for development.
17.29.050 Waiver or Reduction of Development Standards
In addition to any density bonus and/or concessions or incentives granted pursuant to this Chapter, an applicant may also request that the City waive or reduce any development standard that has the effect of physically precluding the construction of a development meeting the criteria of this Chapter at the densities or with the concessions or incentives permitted pursuant to this Chapter in accordance with the provisions of California Government Code § 65915(e).
Agenda Item #6.1.
Part IV: Citywide Standards
October 2022 Public Review Draft | St. Helena Zoning Code | Part IV, Page 79
17.29.060 Affordable Housing Concessions or Incentives
A. For residential development projects which meet the requirements specified in Section
17.30.030, Inclusionary Housing Requirements, through the actual construction of affordable units, the City shall follow the procedures and provide the described concessions and/or those incentives identified in California Government Code §§ 65915 through 65918.
B. The City Council may consider, on a case-by-case basis, at its sole discretion, providing the following additional concessions or incentives in addition to those granted pursuant to Government Code § 65915 which are consistent with state law and the housing element of the General Plan for projects which meet or exceed the requirements of Chapter 17.29, Density Bonus.
1. An additional density bonus or other incentives of equal financial value subject to the City Council’s review and approval.
2. Direct financial assistance in the form of a loan or grant using trust fund or other appropriate available funds subject to the recommendation of the Community Development Director.
3. Payment deferral of applicable City fees on low-income units until the issuance of the certificate of occupancy for the unit.
17.29.070 Land Donation
A. When an applicant voluntarily offers to donate land to the City which is of sufficient developable acreage and with appropriate zoning classification to permit construction of units affordable to very low-income households in accordance with this Section, the applicant shall be entitled to a 15 percent increase above the otherwise maximum allowable residential density. For each one percent increase above the minimum land donation described in subsection B, the density bonus shall be increased by one percent, up to a maximum of 35 percent.
B. The voluntary donation of land shall comply with the following criteria:
1. The land is transferred no later than the date of approval of the final subdivision map, parcel map, or residential development application.
2. The developable acreage and zoning classification of the land being transferred are sufficient to permit construction of units affordable to very low-income households in an amount not less than 10 percent of the number of residential units of the proposed development. Housing units designated for very low-income households pursuant to this Chapter shall not be included when determining compliance with this Section.
3. The transferred land is at least one acre or of sufficient size to permit development of at least 40 units, has the appropriate General Plan designation, is appropriately zoned for development as affordable housing, and is or will be served by adequate public facilities and infrastructure.
4. The transferred land is within the boundary of the proposed development or, as approved by the City Council, within one-quarter mile of the boundary of the proposed development and located within the City limits.
Agenda Item #6.1.
Part IV: Citywide Standards
Part 1V, Page 80 | St. Helena Zoning Code | October 2022 Public Review Draft C. An applicant for a tentative subdivision map, parcel map, or other residential development approval wishing to donate land pursuant to Government Code § 65915(h) shall include in the application for development the following information:
1. The size of the parcel;
2. The amount of developable acreage;
3. A preliminary plan for the development of at least 40 units affordable to very lowincome households on the developable acreage;
4. A description of the public facilities and infrastructure that would serve the units; and
5. The name of the public or private entity to which the land will be donated.
D. The City Council shall approve, modify, or disapprove the application to donate land in accordance with the requirements of this Section and Government Code § 65915(h).
E. Unless the construction of at least 40 units affordable to very low-income households on the donated land is the subject of a separate development application, the units shall be considered a part of the application for a tentative subdivision map, parcel map, or other residential development for purposes of review under the California Environmental Quality Act (CEQA) and other state and local laws and regulations.
17.29.080 Parking
A. This Section implements the provisions of Government Code § 65915(p).
B. If a development is constructed consistent with the vehicular parking ratios described in Government Code § 65915(p)(1), and the parking ratios are less than otherwise required by the City in Chapter 17.26, Parking and Loading, the applicant shall record a covenant against the property disclosing the difference between the parking ratios that have been used for the development and the City’s requirements.
17.29.090 Priority for Water and Sewer Services
In accordance with the provisions of California Government Code § 65589.7, the City shall grant priority for the provision of water and sewer services to developments that include housing units affordable to lower income households in accordance with a written policy adopted by resolution of the City Council.
Agenda Item #6.1.
Part IV: Citywide Standards
October 2022 Public Review Draft | St. Helena Zoning Code | Part IV, Page 81 Chapter 17.30 Affordable Housing Program
17.30.010 Purpose
This Chapter establishes an affordable housing program, housing impact fees on developers of nonresidential development projects in the City, inclusionary housing requirements and alternative means of compliance, requirements for inclusionary units, and administration and enforcement measured for the program. The requirements of this Chapter do not replace other regulatory, development and processing fees or exactions; funding required pursuant to a development agreement or reimbursement agreement; or assessments charged pursuant to special assessments or benefit assessment district proceedings, unless so specified.
17.30.020 Housing Impact Fees
A. Applicability. A housing impact fee is imposed on all developers of nonresidential development projects and conversions, except for nonresidential projects that fall within one or more of the following categories:
1. Projects that are the subject of previously approved development agreements currently in effect with the City;
2. The nonresidential uses are described either in a building permit application accepted as complete by the City prior to the adoption of Resolution 2003-65 on May 27, 2003, or in a Minor or Conditional Use Permit or similar discretionary approval approved prior to the adoption of Resolution 2003-65 on May 27, 2003. However, any extension or modification of such approval or permit after such date shall not be exempt;
3. The portion of a project located on property owned by the state of California, the United States of America or any of its agencies used exclusively for governmental or educational purposes;
4. A project to the extent it has received a vested right to proceed without payment of housing impact fees pursuant to state law;
5. Projects operated by nonprofit organizations which provide food storage, meal service and/or temporary shelter to the homeless;
6. Projects for which no nexus can be established;
7. Any building which is damaged or destroyed by fire or natural catastrophes so long as the gross floor area of the building remains the same.
8. The following specific uses are exempt from the housing impact fee requirement; a. Child day care facilities serving six or fewer children; b. Non-profit organizations and schools;
c. Public elementary or secondary schools, colleges, or universities; d. Public library, art galleries, museums, or other nonrecreational public facilities:
e. Public parking lot;
Agenda Item #6.1.
Part IV: Citywide Standards
Part 1V, Page 82 | St. Helena Zoning Code | October 2022 Public Review Draft f. Public works, major
g. Public works, minor;
h. Community assembly uses; and
i. Wineries, large and small.
B. Fee Payment. Unless otherwise preempted by law, the housing impact fee shall be paid according to the master fee schedule prior to the issuance of a building permit. For good cause shown, the City Council may allow for the fee to be paid at the time of a final inspection or prior to issuance of a certificate of occupancy.
C. Alternative to Payment of Housing Impact Fee. As an alternative to payment of the housing impact fee, a developer of a nonresidential development project may submit a request to mitigate the impacts of such development through the construction of residential units, the dedication of land, or mixed use or other resources. Such requests may be approved by the City Council, if the City Council determines that such alternative will further affordable housing opportunities in the City to an equal or greater extent than payment of the housing impact fee.
D. Processing Requirements.
1. Each discretionary permit for a project subject to this Section shall contain an express condition requiring compliance with this Section. Notwithstanding this subsection. failure to include the condition does not excuse compliance with this Chapter.
2. No application for building permits or discretionary permits for any project subject to this Section shall be deemed complete unless the application contains:
a. A statement of the number of gross square feet in a nonresidential development project to be constructed, added, or placed that are subject to the requirements of this Section, together with documentation sufficient to support the application;
b. The intended use or uses for the nonresidential development project by gross square feet; and
c. A statement of any exemptions applicable to the project.
3. The Community Development Director may require similar information for completeness of other City permits or licenses as necessary or convenient to implement this Section.
17.30.030 Inclusionary Housing Requirements
A. Inclusionary Requirement. At least 20 percent of all new dwelling units in a residential development project shall be affordable units, which shall be constructed and completed concurrently with the related market rate units. The affordable units developed pursuant to this Chapter shall be of the same tenure as the market rate units, meaning that affordable rental units shall be developed to satisfy the requirement for rental developments, and affordable owner-occupied units shall be developed to satisfy the requirement for owner occupied developments. In the event that a development is comprised of both rental and Agenda Item #6.1.
Part IV: Citywide Standards
October 2022 Public Review Draft | St. Helena Zoning Code | Part IV, Page 83 owner-occupied units, the requirement to develop 20 percent the new dwelling units as affordable units shall be applied to the rental and owner-occupied components of the development project separately. The requirement to construct and complete affordable units pursuant to this Chapter shall not be satisfied by designating accessory dwelling units as affordable units, and accessory dwelling units constructed as part of the development project shall not be counted as dwelling units for purposes of calculating the required number of affordable units. The affordable units may be constructed in phases if the market rate units are constructed in phases, provided that the percentage of inclusionary units to be developed in each phase shall be equivalent to or greater than the total percentage of inclusionary units to be developed as part of the residential development until such time that all the inclusionary units have been built. For fractions of affordable units, including fractions resulting from construction of less than five dwelling units, the developer may elect, at his or her option, to construct the next higher whole number of affordable units, perform an alternative equivalent action which has received the approval of the City Council pursuant to subsection B, or pay the housing in-lieu fee specified in subsection E for such fraction. Notwithstanding the above, this Section shall not apply to projects which fall into one or more of the following categories:
1. A residential development project to the extent it has received a vested right to proceed without payment of housing impact fees pursuant to state law;
2. Building permits for residential development projects if compliance with this Section for such project has already been satisfied including, but not limited to, building permits on newly created lots where the subdivider has built affordable units or otherwise satisfied this Section;
3. Replacement or rehabilitation of any dwelling unit which is damaged or destroyed so long as the square footage and use of the building remains the same. Upon the remodeling or rebuilding of a residential dwelling to add additional square footage, the housing impact fee shall be paid on the additional square footage (except for a one-time exclusion of 850 square feet per residence);
4. The one-time remodeling of any dwelling unit for which the gross square floor area of the structure is increased by 850 square feet or less;
5. New dwelling units less than 850 square feet.
B. Alternative Equivalent Action Proposal.
1. A developer of any residential project may propose to meet the requirements of subsection A with an alternative equivalent action, subject to the review and approval of the City Council. Proposals for alternative equivalent actions may include, but are not limited to, dedication of vacant land, the construction of affordable units on another site, or acquisition and enforcement of required rental/sales price restrictions on existing standard dwelling units consistent with this Section. Any proposal shall show how the alternative equivalent action will further affordable housing opportunities in the City to an equal or greater extent than compliance with the express requirements of subsection A or payment of the appropriate housing in-lieu fee.
2. Alternative equivalent action proposals for single-family and multi-family residential developments shall be considered on a case-by-case basis by the City Council, and Agenda Item #6.1.
Part IV: Citywide Standards
Part 1V, Page 84 | St. Helena Zoning Code | October 2022 Public Review Draft may be approved at the City Council’s sole discretion, if the City Council determines that such alternative will further affordable housing opportunities in the City to an equal or greater extent than compliance with the express requirements of subsection A.
C. In-Lieu Housing Fee. A developer of four or fewer residential dwelling units which are the whole of a residential development project may meet the requirements of subsection A through payment of a housing in-lieu fee.
A developer of any other residential project may propose to meet the requirements of subsection A through payment of a housing in-lieu fee by showing good cause that it is not feasible to construct the required units. A written request shall be submitted with the developer’s application for a discretionary approval or building permit, whichever comes first.
The request shall include: a statement identifying all overriding conditions that prevent the developer from meeting the requirement to construct the affordable units; sufficient independent data, including appropriate financial information, to support the developer’s claim that it is not feasible to construct the required affordable units; and a detailed analysis of why any concessions and incentives available to the developer pursuant to Chapter 17.29, Density Bonus, and Government Code § 65915 cannot mitigate the conditions that are preventing the developer from constructing the affordable units. The Community Development Director shall review all such requests and prepare a recommendation for the City Council. Such requests shall be considered on a case-by-case basis by the City Council, and may be approved if the council determines that there are overriding conditions which prevent the developer of a multi-family residential project from meeting the requirement to construct affordable units, and that payment of the housing in-lieu fee will further affordable housing opportunities to an equal or greater extent.
D. Time of Payment of Housing In-Lieu Fee. Unless otherwise preempted by law, the housing in-lieu fee shall be paid prior to the issuance of a building permit. For good cause shown, the City Council may allow for the fee to be paid at the time of final inspection/certificate of occupancy.
E. Calculation of Housing In-Lieu Fee. The housing in-lieu fee shall be charged on a percentage basis of the projected construction costs of market rate dwelling units. The amount and calculation of the housing in-lieu fee shall be established by resolution of the City Council.
Construction costs of market rate dwelling units is determined in accordance with the definition in Section 17.32, Definitions of Terms. Construction costs shall be separately calculated for each dwelling unit in attached single-family residential and rental residential development projects, and the appropriate fee paid for each unit within the residential project. The housing in-lieu fee required by this Section may be satisfied either by cash payment or, upon the recommendation of the Community Development Director and approval of the City Council, by an alternative which will provide the City with a value equal to or greater than the amount of the required in-lieu fee.
F. Requirements for Rental Affordable Units.
1. If under subsection A, the developer is required to build three or fewer units of affordable rental housing, the following requirements apply:
a. If the developer is required to build only one affordable unit, that unit shall be affordable for a very low-income household.
Agenda Item #6.1.
Part IV: Citywide Standards
October 2022 Public Review Draft | St. Helena Zoning Code | Part IV, Page 85 b. If the developer is required to build two affordable units, one unit shall be affordable for a very low-income household and one unit shall be affordable for a low-income household.
c. If the developer is required to build three affordable units, one unit shall be affordable for a very low-income household, one unit shall be affordable for a low-income household, and one unit shall be affordable for a moderateincome household. d. Notwithstanding the foregoing, if the City’s goals for providing its fair share of affordable housing as determined through the Regional Housing Needs Assessment and set forth in the housing element of the general plan, have been met for the lowest income category, any required units shall be affordable in the next higher income category in which there is an unmet fair share requirement.
2. If under subsection A, the developer is required to build four or more units of affordable housing, the number of affordable units which are required to be constructed in very low, low or moderate units shall be determined by the ratio of units needed in each of those categories in order to satisfy the City’s fair share housing goals. Where the number of required affordable units in each category is a fractional number, the fractional units shall be carried to the category in which there is the greatest number of units needed. For instance, [as of March 17, 2022], the City’s fair share housing goals require the City to provide for 104 very low (55 percent), 59 low (31 percent), and 26 moderate (14 percent) units to satisfy its fair share requirements.
Therefore, a project that requires nine affordable units would be required to build five very low units, three low units and one moderate unit.
3. With respect to any particular rental residential project, the City Council may, upon the recommendation of the Community Development Director, forgive all or a portion of the affordability requirement set forth in subsection A upon a showing by the applicant that imposition of such requirement on the residential project will cause undue hardship and that such residential project will contribute significantly to affordable housing opportunities in the City.
G. Requirements for Owner-Occupied Affordable Units.
1. One-half of the affordable units that are required to be constructed in connection with the construction of market rate units, intended for owner-occupancy shall be available at affordable sales prices to households whose annual household income does not exceed 100 percent of median income. If one-half of the affordable units required are made available by the developer at affordable sales prices to households whose annual household income does not exceed 80 percent of median income, the developer shall be entitled to an additional density bonus of five percent for the proposed development, beyond any density bonus to which the developer would be entitled pursuant to Chapter 17.29, Density Bonus, and Government Code Section 65915 et seq.
2. As an alternative to receiving an additional density bonus of five percent, a developer may submit a request for another incentive in lieu of the density bonus. Such requests shall be considered on a case-by-case basis by the City Council and shall be approved, Agenda Item #6.1.
Part IV: Citywide Standards
Part 1V, Page 86 | St. Helena Zoning Code | October 2022 Public Review Draft at the City Council’s sole discretion, if the City Council determines that such alternative incentive will further affordable housing opportunities.
3. The remaining one-half of the required affordable units shall be available at affordable sales prices to moderate-income households. Where the number of required affordable units is an odd number, the number of units affordable to moderateincome households may be one greater than the number affordable at or below 100 percent of median income.
H. Basic Requirements for Owner-Occupied and Rental Affordable Units.
1. Affordable units shall be comparable in number of bedrooms, exterior appearance and overall quality of construction to market rate units in the same residential project.
2. The gross floor area of affordable units and interior features in affordable units need not be the same as or equivalent to those in market rate units in the same residential project, so long as they are of comparable quality and comply with applicable base and overlay zone objective standards.
3. Affordable units shall receive a certificate of occupancy at the same time as market rate units.
I. Continued Affordability.
1. If the affordable units are owner-occupied, prior to the issuance of certificates of occupancy or approval of the final inspection for affordable units, regulatory agreements or resale restrictions, deeds of trust and/or other documents, all of which must be in a form prepared and approved by the Community Development Director and City Attorney and consistent with the requirements of this Chapter, shall be recorded against parcels having such affordable units for the benefit of the City and shall be effective for a minimum of 45 years.
2. Resale restrictions shall be recorded upon each resale of an affordable unit, and the effective period shall be an additional 45 years from the date of resale.
3. Income eligibility of the owners and title in the affordable unit may change over time due to circumstances including death. Upon the death of one of the owners, title in the property may transfer to the surviving joint tenant without respect to the incomeeligibility of the household. Upon the death of a sole owner or all owners and inheritance of the affordable unit by a non income-eligible child or stepchild of one or more owners, there will be a one-year compassion period between the time when the estate is settled and the time when the property must be sold to an income-eligible household. Inheritance of an affordable unit by any other person whose household is not income-eligible shall require resale of the unit to an income-eligible household as soon as is feasible, but not more than 180 days.
4. If the affordable units are rental units, prior to the issuance of certificates of occupancy or approval of the final inspection for affordable units, regulatory agreements, deeds of trust and/or other documents, all of which must be in a form prepared and approved by the Community Development Director and City attorney and consistent with the requirements of this Chapter, shall be recorded against parcels having such affordable units for the benefit of the City and shall be effective in perpetuity.
Agenda Item #6.1.
Part IV: Citywide Standards
October 2022 Public Review Draft | St. Helena Zoning Code | Part IV, Page 87
5. Notwithstanding any other provision in this Section:
a. The maximum sales price permitted on resale of an affordable unit intended for owner-occupancy shall not exceed the seller’s purchase price, adjusted for the percentage increase in median income since the seller’s purchase, plus the market value of substantial structural or permanent fixed improvements to the property as determined by an independent appraisal, plus the cost of reasonable seller’s broker fee as determined by the housing director. For purposes of this subsection, median income shall be calculated based upon the presumed occupancy levels used to determine affordable sales price. b. The resale restrictions shall provide that in the event of the sale of an affordable unit intended for owner-occupancy, the City shall have the right to purchase or assign its right to purchase such affordable unit at the maximum price which could be charged to an eligible household. In its sole discretion, the City shall also have the right to postpone its right to purchase without waiving that right.
6. No household shall be permitted to occupy an affordable unit, or purchase an affordable unit for owner-occupancy, unless the Housing Authority has approved the household’s eligibility or has failed to make a determination of eligibility within the time or other limits provided by a regulatory agreement or resale restrictions. If the Housing Authority maintains a list of eligible households, households selected to occupy affordable units shall be selected first from that list to the extent provided in the regulatory agreement or resale restrictions.
J. Annual Monitoring and Transfer Fees.
1. For each rental affordable unit provided hereunder, the current owner may be required to pay an annual monitoring fee for the term of required affordability. Such fee shall be specified in the regulatory agreement(s) required hereunder.
2. For each owner-occupied affordable unit provided under this Section, the current owner may be required to pay a transfer fee for any change of ownership during the term of required affordability. Such fee shall be specified in the resale restrictions required by subsection I.
K. Discretionary Permit Requirements. Every discretionary permit for a residential development project approved after the effective date of the ordinance codified in this Chapter shall contain a condition detailing the method of compliance with this Chapter. Every final and parcel map shall bear a note indicating whether compliance with the requirements of this Section must be met prior to issuance of a building permit for each lot created by such map. Notwithstanding this subsection, failure to include such condition or note does not excuse compliance with this Chapter.
L. Requirements for Certificate of Occupancy/Final Inspection.
1. No temporary or permanent certificate of occupancy shall be issued, final inspection approved or release of utilities authorized for any new market rate dwelling unit in a residential development project until the developer has satisfactorily completed the requirements hereunder, i.e., on-site construction of affordable units, alternative equivalent action(s) or payment of the housing in-lieu fee.
Agenda Item #6.1.
Part IV: Citywide Standards
Part 1V, Page 88 | St. Helena Zoning Code | October 2022 Public Review Draft
2. No temporary or permanent certificate of occupancy shall be issued, final inspection approved or release of utilities authorized for a dwelling unit described in subsection (A)(1) until the builder or owner has made a showing acceptable to the housing director that such an exemption is appropriate. The housing director shall develop and implement regulations designed to ensure that such initially exempt dwelling units remain in compliance with the terms of the exemption throughout the first two years of occupancy. A builder or owner of a dwelling unit found to be out of compliance at any time during such two-year period shall be required to pay 125 percent of the then current in-lieu fee for that dwelling unit, as specified by resolution of the City Council.
Such payment, however, shall not limit the City’s ability to proceed against any party pursuant to Section 17.30.050.C, Enforcement, or other applicable law.
17.30.040 Inclusionary Housing Compliance Procedures
A. Submittal of Inclusionary Housing Plan. The applicant for a residential project subject to this Chapter shall submit an Inclusionary Housing Plan in conjunction with its application for discretionary approvals required of the City for the residential development, or if no discretionary approvals are required, in conjunction with the application for the first administrative or ministerial permit or approval required for the residential development. The lnclusionary Housing Plan shall be in a form as required by the City, must include an Affordable Housing Agreement to implement the Inclusionary Housing Plan, and must include the following information as applicable based on the applicant's method of compliance with this Chapter:
1. How the inclusionary housing requirement will be satisfied pursuant to this Chapter;
2. The number, unit type, tenure, number of bedrooms, approximate location, size and design, construction, and completion schedule of all inclusionary units;
3. Phasing of inclusionary units in relation to market rate units;
4. The amount of in-lieu fees to be paid by the applicant, if applicable;
5. Any other information reasonably requested by the Community Development Director to assist with evaluation of the plan under the requirements of this ordinance; and
6. Acknowledgement that an instrument as specified by the City restricting the inclusionary unit(s) as affordable shall be recorded against every inclusionary unit and that a recordable affordable housing agreement shall be entered into by the applicant and any other necessary party, and/or that all required in-lieu fees shall be paid at the time set forth in Section 17.30.030, Inclusionary Housing Requirements.
B. Approval of Inclusionary Housing Plan.
1. In the event that the residential development requires discretionary approvals in order to be developed, the Inclusionary Housing Plan shall be considered with the application for such inclusionary approvals by the Approval Authority and may be appealed in accordance with the appeals procedures established for such approvals except as provided in subsection B.3.
2. In the event that the residential development does not require discretionary approvals in order to be developed, the Inclusionary Housing Plan shall be considered by the Agenda Item #6.1.
Part IV: Citywide Standards
October 2022 Public Review Draft | St. Helena Zoning Code | Part IV, Page 89 Community Development Director and must be approved prior to the issuance of any administrative or ministerial permits required for the residential development. The Community Development Director's decision is final unless a written appeal is filed with the Community Development Department within 10 days from the date of issuance of the Community Development Director’s decision. The City Council's decision on appeal shall be final.
3. In the event the applicant desires to comply with this Chapter by means of a method that specifically requires City Council approval pursuant to this Chapter, the Inclusionary Housing Plan shall be considered by the City Council either prior to or concurrently with consideration by the required Approval Authority for the approvals required for the residential development.
C. Form of Restrictions. The forms of the affordable housing agreement and any related declarations, resale restrictions, deeds of trust, and other documents authorized by this Section shall be in a general form as prescribed by the City, and shall be approved by the Community Development Director and approved as to form by the City Attorney prior to being executed for any residential development subject to this program.
D. Recording of Affordable Housing Agreements.
1. An affordable housing agreement in a form approved by the City Attorney must be recorded against inclusionary units or the residential development in its entirety, as deemed appropriate by the Community Development Director in consultation with the City Attorney, prior to the issuance of any building permit for the residential development. The affordable housing agreement shall ensure that the applicant develops the required inclusionary housing units and complies with all other terms of the approved Inclusionary Housing Plan and this Chapter.
2. Resale restrictions, deeds of trust, and/or other documents as deemed necessary or appropriate by the Community Development Director shall be recorded against forsale inclusionary units to ensure the continued affordability of the for-sale inclusionary units in compliance with this Chapter.
E. Building Permits. The City shall not issue a building permit for a residential development subject to the requirements of this Chapter without an affordable housing agreement executed by the owner, the applicant (if not the owner), and the Community Development Director, and approved as to form by the City Attorney, and recorded against the property, or payment of in-lieu fees in accordance with this Chapter.
17.30.050 Administration and Enforcement of Affordable Housing Program A. Affordable Housing Trust Fund Established. The City affordable housing trust fund (the “housing fund”) is established to increase and improve the supply of housing affordable to households of moderate, low and very low income households in the City. Separate accounts within the housing fund may be created from time to time to avoid commingling as required by law or as deemed appropriate to further the purposes of the housing fund.
1. Administration of Fund. The housing fund shall be administered by the Administrative Services Director who shall have the authority to govern the housing fund consistent Agenda Item #6.1.
Part IV: Citywide Standards
Part 1V, Page 90 | St. Helena Zoning Code | October 2022 Public Review Draft with this Chapter, and to prescribe procedures for such purpose, subject to approval by the City Council.
2. Purposes and Use of Funds.
a. Monies deposited in the housing fund along with any interest earnings on such monies shall be used solely to increase and improve the supply of housing affordable to households of moderate, low and very low income households, including, but not limited to:
i. Acquisition of property and property rights;
ii. Cost of construction including costs associated with planning, administration, and design, as well as actual building or installation, as well as any other costs associated with the construction or financing of affordable housing;
iii. Reimbursement to the City for such costs if funds were advanced by the City from other sources; and
iv. Reimbursement of developers or property owners who have been required or permitted to install facilities which are beyond that which can be attributed to a specific development. To the maximum extent possible, all monies should be used to provide for additional affordable housing and services.
b. Monies may also be used to cover reasonable administrative expenses not reimbursed through processing fees, including reasonable consultant and legal expenses related to the establishment and/or administration of the housing fund and reasonable expenses for administering the process of calculating, collecting, and accounting for inclusionary fees and any deferred City fees authorized by this Section. No portion of the housing fund may be diverted to other purposes by way of a loan or otherwise. c. Monies in the housing fund shall be used to construct, acquire, rehabilitate or subsidize very low, low and moderate income housing and/or to assist other governmental entities, private organizations or individuals in the construction, rehabilitation, reimbursement of City advanced funds, reimbursement of developer supplied infrastructure capacity, location or subsidy of very low, low and moderate income housing. To the extent possible, as determined by the council, monies shall be targeted to benefit households identified as a need in the housing element of the General Plan. Monies in the housing fund may be disbursed, hypothecated, collateralized or otherwise employed for these purposes from time to time as the Community Development Director and City Attorney and City Council determine is appropriate to accomplish the purposes of the housing fund. These uses include, but are not limited to, assistance to housing development corporations, equity participation loans, grants, pre-home ownership co-investment, pre-development loan funds, participation leases, or other public/private partnership arrangements. The housing fund monies may be extended for the benefit of rental or owneroccupied housing or housing services.
Agenda Item #6.1.
Part IV: Citywide Standards
October 2022 Public Review Draft | St. Helena Zoning Code | Part IV, Page 91 d. Expenditures by the Finance Department from the housing fund shall be controlled, authorized, and paid in accordance with general City budgetary policies. Execution of contracts related to the use or administration of housing fund monies shall be in accordance with standard City Council policy.
3. Location of Housing Units and Housing Services to be Assisted with Housing Fund Monies. With respect to monies generated by the housing impact fee established by Section 17.30.020, Housing Impact Fees, these criteria shall also consider a reasonable geographical linkage between the nonresidential development projects subject to such fee and the housing assistance provided with the housing fund monies collected in connection with the projects, such that those receiving the housing assistance could reasonably commute to the commercial locations.
B. Bi-annual Review. The housing impact fee, housing in-lieu fee, and inclusionary requirements authorized by this Chapter and implementing resolution(s) shall be reviewed every two years by the City Council. Failure to perform the review does not excuse compliance with this Chapter.
C. Enforcement.
1. It is unlawful, a public nuisance, and a misdemeanor for any person to sell or rent an affordable unit at a price or rent exceeding the maximum allowed under this Chapter or to a household not qualified under this Chapter, and such person shall be subject to a fine for the first offense of $100.00 per day per unit from the date of original noncompliance until the affordable unit is in compliance with this Section. A second offense by the same owner for the same unit shall be subject to a fine of $1,000.00 per day per unit.
2. The City Attorney’s office or the Napa County district attorney, as appropriate, shall be authorized to abate violations of this Chapter and to enforce the provisions of this Chapter and all implementing regulatory agreements and resale controls placed on affordable units by civil action, injunctive relief, and any other proceeding or method permitted by law.
3. The remedies provided for in this Chapter shall be cumulative and not exclusive and shall not preclude the City from any other remedy or relief to which it otherwise would be entitled under law or equity.
D. Adjustment and Appeal.
1. A developer of any project subject to the requirements in this Chapter may appeal to the City Council for a reduction, adjustment, or waiver of the requirements based upon the absence of any reasonable relationship or nexus between the impact of the development and either the amount of the fee charged or the inclusionary requirement.
2. A developer subject to the requirements of this Chapter who has received an approved tentative subdivision or parcel map, Minor or Conditional Use Permit or similar discretionary approval and who submits a new or revised tentative subdivision or parcel map, Minor or Conditional Use Permit or similar discretionary approval for the same property may appeal for a reduction, adjustment or waiver of the requirements with respect to the number of lots or gross floor area of construction Agenda Item #6.1.
Part IV: Citywide Standards
Part 1V, Page 92 | St. Helena Zoning Code | October 2022 Public Review Draft previously approved. No reduction, adjustment, or waiver shall be approved by the City Council for a new tentative subdivision or parcel map, Minor or Conditional Use Permit or similar discretionary approval on property with an approved tentative subdivision or parcel map, Minor or Conditional Use Permit or similar discretionary permit unless the City Council finds that the new tentative subdivision or parcel map, Minor or Conditional Use Permit or similar discretionary approval is consistent with the approved project both in its design and its mitigation of environmental impacts.
The decision of the City Council shall be final. If a reduction, adjustment, or waiver is granted, any change in use within the project shall invalidate the waiver, adjustment, or reduction of the fee or inclusionary requirement.
3. Any appeal under this Section shall be made in writing and filed with the City Clerk not later than 10 days before the first public hearing on any discretionary approval or permit for the development, or if no such discretionary approval or permit is required, or if the action complained of occurs after the first public hearing on such permit or approval, then the appeal shall be filed within 10 days after payment of the fees objected to. The appeal shall set forth in detail the factual and legal basis for the appeal. The City Council shall consider the appeal at the public hearing on the permit application or at a separate hearing within 60 days after the filing of the appeal, whichever is later. The appellant shall bear the burden of presenting substantial evidence to support the appeal including comparable technical information to support appellant’s position.
Agenda Item #6.1.
Part IV: Citywide Standards
October 2022 Public Review Draft | St. Helena Zoning Code | Part IV, Page 93 Chapter 17.31 Two-Unit Projects
17.31.010 Purpose
The purpose of this chapter is to allow and appropriately regulate two-unit projects in accordance with Government Code Section 65852.21. (Ord. 21-7 § 4 (Exh. B))
17.31.020 Definition
“Two-unit project” means the development of two primary dwelling units or, if there is already a primary dwelling unit on the lot, the development of a second primary dwelling unit on a legally subdivided lot in accordance with the requirements of this chapter. (Ord. 21-7 § 4 (Exh. B))
17.31.030 Application
A. An application for a two-unit project must be submitted on the City’s approved form.
B. Only a complete application will be considered. The City will inform the applicant in writing of any incompleteness within 30 days after the application is submitted.
C. The City may establish a fee to recover its costs for adopting, implementing, and enforcing this Chapter of the code, in accordance with applicable law. The City council may establish and change the fee by resolution. The fee must be paid with the application. (Ord. 21-7 § 4 (Exh.
B))
17.31.040 Approval
A. An application for a two-unit project is approved or denied ministerially, by the Community Development Director, without discretionary review.
B. The ministerial approval of a two-unit project does not take effect until the City has confirmed that the required documents have been recorded, such as the deed restriction and easements.
C. The approval must require the owner and applicant to hold the City harmless from all claims and damages related to the approval and its subject matter.
D. The approval must require the owner and applicant to reimburse the City for all costs of enforcement, including attorneys’ fees and costs associated with enforcing the requirements of this code. (Ord. 21-7 § 4 (Exh. B))
17.31.050 Requirements
A two-unit project must satisfy each of the following requirements:
A. Map Act Compliance. The lot upon which the two-unit project will be located must have been legally subdivided.
Agenda Item #6.1.
Part IV: Citywide Standards
Part 1V, Page 94 | St. Helena Zoning Code | October 2022 Public Review Draft B. Zone. The two-unit project must be located in a single-family residential zone. For purposes of this Section, single-family residential zones include the following zoning districts in the City:
MR, LR, and WW.
C. Lot Location. The two-unit project may not be located on a site that is any of the following:
1. Prime farmland, farmland of statewide importance, or land that is zoned or designated for agricultural protection or preservation by the voters.
2. A wetland.
3. Within a very high fire hazard severity zone, unless the site complies with all fire hazard mitigation measures required by existing building standards.
4. A hazardous waste site that has not been cleared for residential use.
5. Within a delineated earthquake fault zone, unless all development on the site complies with applicable seismic protection building code standards.
6. Within a 100-year flood hazard area, unless the site has either:
a. Been subject to a letter of map revision prepared by the Federal Emergency Management Agency and issued to the local jurisdiction; or b. Meets Federal Emergency Management Agency requirements necessary to meet minimum floodplain management criteria of the National Flood Insurance Program.
7. Within a regulatory floodway, unless all development on the site has received a norise certification.
8. Land identified for conservation in an adopted natural community conservation plan, habitat conservation plan, or other adopted natural resource protection plan.
9. Habitat for protected species.
10. Land under conservation easement.
D. Not Historic. The two-unit project must not be located on a historic property or within a historic district that is included on the California Historical Resources Inventory. Further, the property upon which the two-unit project will be located also may not be or be within a site that is designated by ordinance to be within a historic preservation district, as a city or county landmark or as a historic property or district.
E. No Impact on Protected Housing. The two-unit project must not require or include the demolition or alteration of any of the following types of housing:
1. Housing that is income-restricted for households of moderate, low, or very low income.
2. Housing that is subject to any form of rent or price control through a public entity’s valid exercise of its police power.
3. Housing, or a lot that used to have housing, that has been withdrawn from rental or lease under the Ellis Act (Government Code Sections 7060 through 7060.7) at any time in the 15 years prior to submission of the urban lot split application.
Agenda Item #6.1.
Part IV: Citywide Standards
October 2022 Public Review Draft | St. Helena Zoning Code | Part IV, Page 95
4. Housing that has been occupied by a tenant in the last three years. The applicant and the owner of a property for which a two-unit project is sought must provide a sworn statement as to this fact with the application for the parcel map. The City may conduct its own inquiries and investigation to ascertain the veracity of the sworn statement, including, but not limited to, surveying owners of nearby properties; and the City may require additional evidence of the applicant and owner as necessary to determine compliance with this requirement.
F. Unit Standards.
1. Floor Area Ratio, Height Limitations, Lot Coverage and Open Space Requirements. All existing standards in this title related to floor area ratio, height limitations, lot coverage and open space requirements shall apply to units constructed pursuant to this Chapter, except to the extent that such standards would prevent two units of at least 800 square feet each to be constructed on the lot upon which the units will be located.
2. Demolition Cap. The two-unit project may not involve the demolition of more than 25 percent of the existing exterior walls of an existing dwelling unless the site has not been occupied by a tenant in the last three years.
3. Setbacks.
a. Generally. All setbacks must conform to those objective setbacks that are imposed in the underlying zone.
b. Exceptions. Notwithstanding subsection (F)(3)(a) of this section:
i. Existing Structures. No setback is required for an existing legally established structure or for a new structure that is constructed in the same location and to the same dimensions as an existing legally established structure.
ii. The setbacks imposed by the underlying zone must yield to the degree necessary to avoid physically precluding the construction of up to two units on the lot or either of the two units from being at least 800 square feet in floor area; but in no event may any structure be less than four feet from a side or rear property line.
iii. Front Setback Area. Notwithstanding any other part of this code, dwellings that are constructed pursuant to this Chapter must be consistent with the front setback requirements of the underlying zoning district.
4. Parking. Required parking as set forth below must be on the same lot as the residential unit served. Each new dwelling unit constructed pursuant to this Chapter must have at least one off-street parking space per unit unless one of the following applies:
a. The parcel is located within one-half mile walking distance of either:
i. A corridor with fixed route bus service with service intervals no longer than 15 minutes during peak commute hours; or
Agenda Item #6.1.
Part IV: Citywide Standards
Part 1V, Page 96 | St. Helena Zoning Code | October 2022 Public Review Draft ii. A site that otherwise qualifies as a high-quality transit corridor as defined in Section 21155(b) of the Public Resources Code, or a major transit stop as defined in Section 21064.3 of the Public Resources Code.
b. The parcel is located within one block of a permanent, marked location for carshare vehicle pick-up and drop-off.
5. Replacement Parking Required. When an existing garage, carport, or other covered parking structure is converted or demolished in order to construct a new unit, the required parking spaces that are displaced by the conversion or demolition shall be replaced on the same lot, and may be either covered or uncovered, in order to satisfy the automobile parking requirement of the existing residential unit.
6. Design Standards. Each new dwelling unit constructed pursuant to this Chapter shall comply with all objective standards as set forth in this title as applicable in the underlying zoning district. Additionally, all units constructed pursuant to this Chapter shall comply with all of the following:
a. All exterior lighting must be limited to down-lights. b. If a new dwelling is constructed pursuant to this Chapter and any portion of the dwelling is less than 30 feet from a property line that is not a public rightof-way line, then all windows and doors in that portion must either be (for windows) clerestory with the bottom of the glass at least six feet above the finished floor, or (for windows and for doors) utilize frosted or obscure glass. c. No rooftop decks shall be allowed on new dwelling units constructed pursuant to this Chapter.
d. Upper story unenclosed landings, decks and balconies greater than 20 square feet that face or overlook an adjoining property shall be located a minimum of 15 feet from the interior lot lines.
e. A two-unit residential project constructed pursuant to this Chapter may not include a request for an exception to any objective standards by applying for a variance, modification, exception, waiver or other discretionary approval for height, density, setbacks, open yard, land use, or similar development standard.
f. On a site already developed with an existing residential unit, the new unit shall be designed and constructed to match the existing paint color and exterior building materials, including but not limited to siding, windows, doors, roofing, and exterior light fixtures.
g. If a two-unit residential project is proposed on a lot where no residential units currently exist, the units shall be constructed using the same architectural style, exterior building materials, colors and finishes.
7. Landscaping. Evergreen landscape screening must be planted and maintained between each dwelling and adjacent lots along interior lot lines (but not rights-of-way) as follows:
Agenda Item #6.1.
Part IV: Citywide Standards
October 2022 Public Review Draft | St. Helena Zoning Code | Part IV, Page 97 a. At least one 15-gallon size plant shall be provided for every five linear feet of exterior wall. Alternatively, at least one 24-inch box size plant shall be provided for every ten linear feet of exterior wall.
b. Plant specimens must be at least six feet tall when installed. As an alternative, a solid fence of at least six feet in height may be installed. All landscaping must be drought tolerant.
c. A complete landscaping and irrigation plan shall be submitted and approved by the Community Development Department prior to the issuance of building permits for a two-unit residential development.
8. Building Separation. Unless attached to and made part of another main building pursuant to the definition of accessory building in Chapter 17.32, Definition of Terms, no detached main building shall be closer than ten feet to any other main building on the same lot; and no detached accessory building shall be closer than five feet to any other main or accessory building on the same lot; provided, that the requirements of this subsection shall not apply if doing so would preclude the construction of two units of at least 800 square feet each on the lot upon which the units will be located.
9. Building and Safety. All two-unit residential projects must comply with all current local building standards.
10. Stormwater and Runoff Pollution Control. All construction activity or development that occurs in furtherance of a two-unit project shall comply with all requirements of St. Helena Municipal Code Chapter 13.32, Stormwater and Runoff Pollution Control.
G. Separate Conveyance.
1. Primary dwelling units on the lot may not be owned or conveyed separately from each other.
2. Condominium airspace divisions and common interest developments are not permitted within the lot.
3. All fee interest in the lot and all the dwellings must be held equally and undivided by all individual property owners.
H. Notice of Construction.
1. At least thirty (30) business days before starting any construction of a two-unit project, the property owner must give written notice to all the owners of record of each of the adjacent residential parcels, which notice must include the following information:
a. Notice that construction has been authorized;
b. The anticipated start and end dates for construction; c. The hours of construction;
d. Contact information for the project manager (for construction-related complaints); and
e. Contact information for the building and safety department.
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2. This notice requirement does not confer a right on the noticed persons or on anyone else to comment on the project before permits are issued. Approval is ministerial.
Under state law, the City has no discretion in approving or denying a particular project under this Section. This notice requirement is purely to promote neighborhood awareness and expectation.
I. Deed Restriction. Prior to obtaining a building permit for a two-unit project pursuant to this Chapter, the owner must record a deed restriction, acceptable to the City, that does each of the following:
1. Expressly prohibits any rental of any dwelling on the property for a period of less than 30 days.
2. Expressly prohibits any nonresidential use of the lot.
3. Expressly prohibits any separate conveyance of a primary dwelling on the property, any separate fee interest, and any common interest development within the lot.
4. If the lot is not created by an urban lot split, expressly requires the individual property owners to live in one of the dwelling units on the lot as the owners’ primary residence and legal domicile.
5. States that the property is formed by an urban lot split and is therefore subject to the City’s urban lot split regulations, including all applicable limits on dwelling size and development.
J. Basis for Denial—Specific, Adverse Impacts.
1. Notwithstanding anything else in this Section, the City may deny an application for a two-unit project if the building official makes a written finding, based on a preponderance of the evidence, that the project would have a “specific, adverse impact” on either public health and safety or on the physical environment and for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact.
2. “Specific, adverse impact” has the same meaning as in Government Code Section 65589.5(d)(2): “a significant, quantifiable, direct, and unavoidable impact, based on objective, identified written public health or safety standards, policies, or conditions as they existed on the date the application was deemed complete” and does not include (1) inconsistency with the zoning ordinance or general plan land use designation or (2) the eligibility to claim a welfare exemption under Revenue and Taxation Code Section 214(g).
3. The building official may consult with and be assisted by planning staff and others as necessary in making a finding of specific, adverse impact.
K. Remedies. If a two-unit project violates any part of this code or any other legal requirement:
1. The buyer, grantee, or lessee of any part of the property has an action for damages or to void the deed, sale, or contract.
2. The City may:
a. Bring an action to enjoin any attempt to sell, lease, or finance the property.
Agenda Item #6.1.
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October 2022 Public Review Draft | St. Helena Zoning Code | Part IV, Page 99 b. Bring an action for other legal, equitable, or summary remedy, such as declaratory and injunctive relief.
c. Pursue criminal prosecution, punishable by imprisonment in county jail or state prison for up to one year, by a fine of up to ten thousand dollars ($10,000.00), or both; or a misdemeanor.
d. Record a notice of violation.
e. Withhold any or all future permits and approvals.
f. Pursue all other administrative, legal, or equitable remedies that are allowed by law or the City’s code. (Ord. 21-7 § 4 (Exh. B))
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Agenda Item #6.1.
Part V: Definitions and Rules of Measurement
October 2022 Public Review Draft | St. Helena Zoning Code | Part V, Page 1 Definitions of Terms
Abutting. See “Adjacent.”
Access drive. See Section 17.26.020, Definitions.
Accessory dwelling unit (ADU). See Section 17.22.030, Accessory Dwelling Units.
Accessory structure. See Section 17.22.030, Accessory Dwelling Units.
Accessory use. A use that is customarily associated with, and is incidental and subordinate to, a primary use and located on the same lotas a primary use.
Accessory use, commercial. Any customarily incidental and clearly subordinate element of a commercial business operation that (a) is compatible with the purpose(s) for which the zoning district was established and (b) is not listed as a prohibited use in that district. Customarily incidental uses are those commonly found with other, similar primary uses; for example: greeting cards are commonly found in pharmacies. Clearly subordinate uses shall encompass no more than 15 percent of the business floor area and shall generate no more than 15 percent of the gross revenue receipts.
A business may have more than one accessory use, but each accessory use must comply with the limitations on floor area space and gross receipts, and the total combined area of shall not exceed 30 percent of the business floor area and the total combined revenue from the accessory uses shall not exceed 30 percent of the gross receipts.
ADA. The Americans with Disabilities Act, as amended.
Addition. A building, structure, or floor area added to the original structure at some time after the completion of the original structure.
Adjacent. Directly adjoining, having a common boundary or property line, or contiguous to.
Affordable housing. Housing for which “affordable rent” or an “affordable sales price” is required to be charged.
Affordable housing agreement. A legally binding agreement between an applicant and the City, in a form and substance satisfactory to the City Manager and City Attorney and suitable for recording, setting forth those provisions necessary to ensure that the requirements of this Article are, and will continue to be, satisfied.
Affordable housing cost. The housing cost for for-sale inclusionary units as defined by California Health & Safety Code § 50052.5 for owner occupied housing, as applicable to the moderate-income households.
Affordable rent. The affordable rent for rental dwelling units as defined in California Health and Safety Code § 50053.
Affordable sales price. The maximum sales price for which a for sale inclusionary unit may be sold, that will result in the purchaser paying an affordable housing cost for the for sale inclusionary unit, assuming a benchmark mortgage interest rate and minimum down payment as may be established by the City from time to time.
Agenda Item #6.1.
Part V: Definitions and Rules of Measurement
Part V, Page 2 | St. Helena Zoning Code | October 2022 Public Review Draft Affordable unit. Dwelling units which are required to be rented at affordable rents or purchased at an affordable sales price to specified households.
Agency. An office or commercial establishment in which goods, materials or equipment is received for servicing, treatment or processing elsewhere.
Agent. Any authorized person acting for the property owner or applicant.
Agricultural employee. As defined in California Labor Code § 1140.4, an agricultural employee is one engaged in agriculture, as such term is defined in subdivision (a). However, nothing in this subdivision shall be construed to include any person other than those employees excluded from the coverage of the National Labor Relations Act, as amended, as agricultural employees, pursuant to § 2(3) of the Labor Management Relations Act (§ 152(3), Title 29, United States Code), and § 3(f) of the Fair Labor Standards Act (§ 203(f), Title 29, United States Code).
Agriculture. The use of the land for agricultural purposes, including farming, dairying, pasturage, agriculture, horticulture (including Christmas trees), floriculture, viticulture, apiaries and animal husbandry; but not including stockyards or the commercial feeding of garbage or offal to swine or other animals.
Alteration. Any change, addition or modification in construction.
Amendment. A revision, addition, or deletion in the wording of this Title, or the General Plan; or a change in the zone classification or zoning district boundary upon the Zoning Map, or a change in the land use designation upon the General Plan map.
Annexation. The addition of parcels into the City with a resulting change in the boundaries of the City.
Annual household income. The combined gross income for all adult persons living in a dwelling unit as calculated for the purpose of the Section 8 program under the United States Housing Act of 1937, as amended, or its successor.
Apartment. See “Dwelling, multiple-family” in this Section.
Apiary. A place where one or more honeybee colonies are kept.
Applicant. Any person, firm, partnership, association, joint venture, corporation or any entity, combination of entities or consortium who seek approval of a City permit, license or other entitlement for use of property. Also includes an authorized agent of any of the above.
Application, complete. An application shall be deemed complete when it contains all maps, drawings and other information requested by the Community Development Department and, where necessary, an environmental assessment.
Arbor. A shade-providing structure with a roof and perhaps sides formed by trees or climbing plants trained over a framework.
Area Median Income. The annual median household for Napa County, adjusted for household size, as published periodically in the California Code of Regulations, Title 25, § 6932, or its successor provision.
Attic. A room or space immediately below the roof of a building that is not habitable and is utilized only for storage.
Agenda Item #6.1.
Part V: Definitions and Rules of Measurement
October 2022 Public Review Draft | St. Helena Zoning Code | Part V, Page 3 Awning. A roof-like cover that projects from the wall of a building, shielding a doorway or window from the elements.
Balcony. An open platform, enclosed by a parapet or railing and projecting from an exterior wall of a building.
Basement. Any floor level below the first story in a building in which the finished floor level directly above is less than four feet above finished grade on all sides. See Section 17.34.030, Measuring Height.
Bedroom. Any habitable room with no less than 70 square feet of floor area and no dimension less than seven feet in a dwelling other than bathroom(s), kitchen, living and dining room. Unless specifically designed to exclude its use as a bedroom (e.g., no closet, enlarged entryway without doors, no windows open to the exterior, etc.), any den, study or other room meeting the above definition of a bedroom shall be considered a bedroom for the purpose of meeting the regulations and standards of the code.
Beehive. A series of rectangular boxes stacked one on top of the other, which house a colony.
Standard dimensions of these boxes are 20 by 16.5 by nine and one-half inches.
Block. The collection of assessor’s parcels that share the same block number on the Napa County assessor’s map.
Building. A structure intended for any use or occupancy with substantial walls and roof.
Building area or Building site. The portion of a lot where the principal building can be located.
Excludes the setbacks required by the zoning district.
Building face or Building facade. The outer surface of a main exterior wall of a building. For example, a building with a rectangular plan has four exterior walls and four building faces.
Building permit. A permit issued pursuant to Title 15, Chapter 15.04 of the St. Helena Municipal Code.
Building, principal or Building, primary. A building in which the principal use of the lot is conducted.
Bulk storage. The storage of chemicals, petroleum products and other materials in aboveground containers for subsequent resale to distributors or retail dealers or outlets.
CalGreen. California Green Building Standards Code, Title 24, Part 11, of the California Code of Regulations.
Canopy. A structural, ornamental roof-like appendage, freestanding or attached to a building, including roof overhangs, but excluding awnings or metallic hoods.
Carport. A roofed structure providing space for the parking or storage of motor vehicles and open on one or more sides.
Center line. See “Street, center line of.”
Certificate of Occupancy. The permit issued by the City of St. Helena Community Development Department authorizing the initial occupancy of a residential unit, including a temporary certificate of occupancy.
Chief Building Official. The Chief Building Official of the City of St. Helena, or the designee charged with the administration and enforcement of the building, housing, plumbing, electrical and related codes, as provided by the St. Helena Municipal Code.
Agenda Item #6.1.
Part V: Definitions and Rules of Measurement
Part V, Page 4 | St. Helena Zoning Code | October 2022 Public Review Draft City Engineer. The Director of the City Engineering Department of the City of St. Helena, or designee or designee.
Common usable open space. Land within or related to a development, not individually owned or dedicated for public use, which is designated and intended for the common use or enjoyment of the residents of the development. May be located on the ground, roof, deck or porch which is designed and used for outdoor living or recreation and may include such complimentary structures and improvements as are necessary.
Community Development Department. The Director of the Community Development Department of the City of St. Helena, or designee.
Concession or incentive. As defined in California Government Code § 65915, a concession or incentive means any of the following:
(1) A reduction in site development standards or a modification of zoning code requirements or architectural design requirements that exceed the minimum building standards approved by the California Building Standards Commission as provided in Part 2.5 (commencing with § 18901) of Division 13 of the Health and Safety Code, including, but not limited to, a reduction in setback and square footage requirements and in the ratio of vehicular parking spaces that would otherwise be required that results in identifiable and actual cost reductions, to provide for affordable housing costs, as defined in § 50052.5 of the Health and Safety Code, or for rents for the targeted units to be set as specified in subdivision (c). (2) Approval of mixed-use zoning in conjunction with the housing project if commercial, office, industrial, or other land uses will reduce the cost of the housing development and if the commercial, office, industrial, or other land uses are compatible with the housing project and the existing or planned development in the area where the proposed housing project will be located.
(3) Other regulatory incentives or concessions proposed by the developer or the City, county, or City and county that result in identifiable and actual cost reductions to provide for affordable housing costs, as defined in § 50052.5 of the Health and Safety Code, or for rents for the targeted units to be set as specified in subdivision (c).
Conditional use. A use, structure or other development for which a Conditional Use Permit is required.
Conditional Use Permit. A discretionary permit which may be granted by the appropriate City authority to provide for the accommodation of land uses with special site or design requirements, operating characteristics, or potential adverse effects on surroundings, which are not permitted as of right, but which may be approved upon completion of a discretionary review process and, where necessary, the imposition of special conditions of approval. See Section 17.05.020, Conditional Use Permit.
Condominium project. As defined in subdivision (f) of § 1351 of the Civil Code, a condominium project means a development consisting of condominiums. A condominium consists of an undivided interest in common in a portion of real property coupled with a separate interest in space called a unit, the boundaries of which are described on a recorded final map, parcel map, or condominium plan in sufficient detail to locate all boundaries thereof. The area within these boundaries may be filled with air, earth, or water, or any combination thereof, and need not be physically attached to land except by easements for access and, if necessary, support. The description of the unit may refer to (1) Agenda Item #6.1.
Part V: Definitions and Rules of Measurement
October 2022 Public Review Draft | St. Helena Zoning Code | Part V, Page 5 boundaries described in the recorded final map, parcel map, or condominium plan, (2) physical boundaries, either in existence, or to be constructed, such as walls, floors, and ceilings of a structure or any portion thereof, (3) an entire structure containing one or more units, or (4) any combination thereof. The portion or portions of the real property held in undivided interest may be all of the real property, except for the separate interests, or may include a particular three-dimensional portion thereof, the boundaries of which are described on a recorded final map, parcel map, or condominium plan. The area within these boundaries may be filled with air, earth, or water, or any combination thereof, and need not be physically attached to land except by easements for access and, if necessary, support. An individual condominium within a condominium project may include, in addition, a separate interest in other portions of the real property.
Construction costs. The estimated cost per square foot of construction, as established by the City Building Department for use in the setting of regulatory fees and building permits, multiplied by the total square footage, minus the garage floor area, to be constructed.
Construction work. Any work for which a Building Permit is required, and also includes grading, landscaping and the erection, installation or painting of signs or public art.
Conversion. Conversion of an existing residential building to a nonresidential use, excluding home occupations as defined in Chapter 17.33, Definitions of Uses, or 3,000 square feet of floor area or more of a nonresidential building from one use category to another.
Cooperative. A form of multiple ownership of real estate in which a corporation or business trust entity holds title to a property and grants occupancy rights to particular units to shareholders by means of proprietary leases or similar arrangements.
Cottage food products. Non-potentially hazardous foods, including foods that are limited to and described in State of California Health and Safety Code § 114365.5 and that are prepared for sale in the kitchen of a cottage food operation.
Council, City. The Council of the City of St. Helena.
Cupola. A small, usually domed structure surmounting a roof for decorative purposes only. It does not contain flooring nor does it serve as a story.
Decibel (dB). A unit for measuring the amplitude of a sound, equal to 20 times the logarithm to the base of 10 of the ratios of the pressure of the sound measured to the reference pressure, which is 20 micro pascals.
Deck. A platform requiring ground supports usually extending from the main wall of the structure and used as exterior floor space.
Deed restriction. A restriction on the use of land set forth in the deed.
Demolition. The intentional removal of all or part of a building or structure when a building or structure is a designated historic landmark or located in a designated historic district. In all other areas of the City “demolition” means the intentional destruction and removal of 50 percent or more of the enclosing finished floor exterior walls and 50 percent of the roof structure of any building or structure. The percentage of this definition is determined using linear feet of finished floor.
Density. See “Residential density.”
Density bonus. Except as applied to a condominium project or a senior housing development, means a density increase of at least 20 percent unless a lesser percentage is elected by the developer, over Agenda Item #6.1.
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Part V, Page 6 | St. Helena Zoning Code | October 2022 Public Review Draft the otherwise maximum allowable residential density for the site under the applicable zoning district and land use element of the General Plan. The amount of the density bonus to which the applicant is entitled shall vary according to the amount by which the percentage of affordable housing units exceeds the percentage established in Section 17.29.040, Application. For each one percent increase above 10 percent in the percentage of units affordable to lower income households, the density bonus shall be increased by one and one-half percent up to a maximum of 35 percent. For each one percent increase above five percent in the percentage of units affordable to very low income households, the density bonus shall be increased by two and one-half percent up to a maximum of 36 percent. All density calculations resulting in fractional units shall be rounded up to the next whole number.
Density bonus, Condominium project. For a condominium project in which at least 10 percent of total units are reserved for moderate income households, is a density increase of at least five percent, unless a lesser percentage is elected by the developer, over the otherwise maximum allowable residential density for the site under the applicable zoning district and land use element of the General Plan.
Density bonus, Senior housing development. For a senior housing development, as defined in §§
51.3 and 51.12 of the California Civil Code or any successor statutes, or a mobile home park that limits residency based on age requirements for housing for older persons pursuant to California Civil Code § 798.76 or § 799.5 or any successor statutes, shall be twenty percent of the number of senior housing units, unless a lesser percentage is elected by the developer.
Density bonus units. Dwelling units approved in a residential development pursuant to California Government Code § 65915 et seq. and Chapter 17.29, Density Bonus, that are in excess of the maximum residential density otherwise permitted by the City’s General Plan or Zoning Code, and any applicable Specific Plan.
Development. Any manmade change to improved or unimproved real estate, including but not limited to the division of a parcel of land into two or more parcels; the construction, reconstruction, conversion, structural alteration, relocation, or enlargement of any structure; any mining, excavation, landfill or land disturbance; and any use or extension of the use of land.
Development project. Any project undertaken for the purpose of development, including the issuance of a permit or approval for construction, reconstruction, use or operation whether or not the permit or approval is ministerial or discretionary in nature.
Discretionary permit. Any permit or license issued by the City for a project which requires the exercise of judgment or deliberation wherein the City decides to either approve or disapprove a particular activity in accordance with applicable laws, including but not limited to use permits, and the approval or modification of tentative, or tentative parcel maps pursuant to Title 15, Buildings and Construction.
District, Zoning District, or Zone. A portion of the territory of the City within which certain uniform regulations and requirements, or various combinations thereof, apply under the provisions of this Title.
Drive-through use. An establishment which by design, physical facilities, service or by packaging procedures encourages or permits customers to receive services, obtain goods including food, or be entertained while remaining in their motor vehicles is a drive-in use.
Driveway, residential. See Section 17.26.020, Definitions.
Agenda Item #6.1.
Part V: Definitions and Rules of Measurement
October 2022 Public Review Draft | St. Helena Zoning Code | Part V, Page 7 Duplex. A two-family dwelling designed or used exclusively as a residence. Includes two separate but attached dwelling units.
Dwelling, attached. A single-family dwelling attached to one or more single-family dwellings by a common vertical wall.
Dwelling, detached. A single-family dwelling which is not attached to any other dwelling by any means.
Dwelling unit. A building or portion of a building including one or more rooms which is designed or used as a residence for one family or housekeeping unit with facilities for living, sleeping, cooking and dining.
Easement. A limited right of one person or class of persons to use real property owned or occupied by another, which right is described specifically as to location and entitlement to use.
Eave. The projecting lower edges of a roof overhanging the wall of a building.
Effective date. The date upon which this Zoning Code is in full force and effect from and after its adoption by the City Council.
Eligible household. Any household or applicant which the Community Development Department has determined meets the eligibility standards for affordable housing pursuant to the Section 8 program under the United States Housing Act of 1937, as amended, or its successor.
Emergency shelter. As defined in California Health and Safety Code § 50801(e), emergency shelter means housing with minimal supportive services for homeless persons that is limited to occupancy of six months or less by a homeless person. No individual or household may be denied emergency shelter because of an inability to pay.
Employee. Each person engaged in the operation or conduct of any business, whether as owner, any member of the owner’s family, partner, agent, manager, solicitor and any and all other persons employed or working in such business.
Enlargement. An increase in the size of an existing building or structure or an increase in the physical area occupied by a use of land.
Erect. To construct, place, relocate, enlarge, substantially alter, attach, suspend, paint, post, or display. Normal maintenance, including refinishing, is not included in this definition.
Erosion, soil. The detachment and movement of soil or rock fragments, or the wearing away of the land surface by water, wind, ice, and gravity.
Family. One or more persons living together as a single housekeeping unit in a dwelling unit.
Farmworker. See “Agricultural Employee”.
Feasible. Capable of being accomplished in a successful manner within a reasonable period of time, taking into account economic, environmental, social and technical factors.
Fence. A barrier enclosing or defining an area, as separating or screening areas, usually made of posts and wires or wood and including walls or like structures.
Finance Director. The Director of the Finance Department of the City of St. Helena, or designee.
Fire Chief or Official. The chief of the St. Helena Fire Department, or designee.
Agenda Item #6.1.
Part V: Definitions and Rules of Measurement
Part V, Page 8 | St. Helena Zoning Code | October 2022 Public Review Draft Final inspection. An inspection performed by the Building Division of the Community Development Department to verify completion of the project per approved plans; a precondition to occupancy.
Flag lot. A lot in which the buildable portion of the lot is connected to and accessible from a public or private right-of-way by a narrow strip of land. The wider, buildable portion of the lot is situated behind adjoining lots which front on the same public or private street. Also known as a “panhandle lot.” Flea market. An occasional or periodic selling of goods held in an open area or structure where groups of individual sellers offer new and used goods for sale to the public.
Floor area. The sum of the gross horizontal floor areas of a building measured from the exterior face of exterior walls, or from the center line of a wall separating two buildings. See also Section 17.34.050, Measuring Floor Area and Floor Area Ratio.
Floor area ratio (FAR). The ratio of building gross floor area divided by net parcel area. For example, one building or a group of buildings with a total of 20,000 square feet of floor area on a 40,000 square foot lot would translate to a 0.50 FAR.
Figure 17.32.A: Floor Area Ratio (FAR)
For-sale. Any dwelling unit, including but not limited to a condominium, townhome, other attached or detached single family dwelling unit, for which a parcel or tentative and final map is required for the lawful subdivision of the parcel upon which the dwelling unit is located for the creation of the unit in accordance with the Subdivision Map Act (California Government Code §§ 66410 et seq.).
Formula business. A business which is required by contractual or other arrangement to maintain any of the following: standardized services, decor, uniforms, architecture, signs, trademark, name or other similar standardized features which cause them to be substantially identical to 10 or more other businesses in the United States regardless of ownership or location. This shall include, but not be limited to, retail sales and service, visitor accommodations, wholesale and industrial operations. Does not include formula restaurants, which are prohibited.
Frontage, building. The lineal dimension, parallel to the ground, of a building directly facing a rightof-way.
Fully-shielded light fixture. Light fixture or luminous tube constructed and mounted such that all light emitted by the fixture or tube, either directly from the lamp, tube, or a diffusing element, or indirectly by reflection or refraction from any part of the light fixture, is projected below the horizontal plane. If the lamp or tube, any reflective surface, or lens cover (clear or prismatic) is visible when Agenda Item #6.1.
Part V: Definitions and Rules of Measurement
October 2022 Public Review Draft | St. Helena Zoning Code | Part V, Page 9 viewed from above or directly from the side, from any angle around the fixture or tube, the fixture or tube is not fully shielded.
Garage. An accessory structure or portion of a main structure, enclosed on three or more sides and containing accessible and usable enclosed space designed, constructed, and maintained for the parking and storage of one or more motor vehicles.
General Plan. The General Plan of the City of St. Helena. This is a comprehensive, long-term plan for the orderly physical development of the land and the preservation of open space in the City according to California Government Code § 653009 et seq. The plan is an integrated, internally consistent and compatible statement of land use policies, consisting of maps and texts stating principles, standards, proposals, and objectives contained in the area plans, required elements, or other permitted elements.
Glare. The effect produced by brightness sufficient to cause annoyance, discomfort or loss in visual performance and visibility.
Grade. See “Slope.”
Grade, average. The average of the finished ground level (i.e. finished grade) at the outermost corners of a building or building segments of stepped or terraced buildings.
Grade, finished. The elevation of the ground surface in its final state, after manmade alterations.
Grade, natural. The elevation of the undisturbed natural surface of the ground adjoining a building or structure as determined by the site grading plan.
Gross floor area. The total horizontal area in square feet of each floor within the exterior walls of all buildings on a parcel, as measured at the exterior face of the enclosing walls.
Guest house. An accessory building or portion of an accessory building, used for living quarters, which is clearly subordinate and incidental to the principal building(s) on the same lot, without facilities for cooking, and which is not separately rented, let or leased for direct or indirect compensation.
Guest room. Any room or rooms used or intended to be used by a guest for sleeping purposes in a principal or detached accessory building, but without kitchen or cooking facilities.
Habitable. Meeting the requirements of the California Administrative Code, Title 24, including but not limited to insulation, heating, ventilation and lighting (in relation to building construction).
Height. The vertical distance from a point on the ground below a structure to a point directly above.
See Section 17.34.030, Measuring Height.
Helipad. A landing area for helicopters on public or private lands or buildings, for the picking up and discharging of passengers or freight.
Honeybee colony. A cluster of worker-bees with a queen and drones.
Household pets. Small animals of the type generally accepted as pets, including dogs, cats, rabbits, domesticated pigs, pigeons, hens, and the like; but not including roosters, quacking ducks, geese, pea fowl, goats, hogs, apiaries, or the presence of animals for commercial purposes.
Household. One person living alone or two or more persons sharing residency.
Housing Authority. The Napa Valley Housing Authority.
Agenda Item #6.1.
Part V: Definitions and Rules of Measurement
Part V, Page 10 | St. Helena Zoning Code | October 2022 Public Review Draft Housing costs. The monthly mortgage principal and interest, property taxes, association fees, and required homeowner’s insurance, for ownership units and the monthly rent for rental units.
Housing impact fee. The fee established pursuant to Section 17.30.020, Housing Impact Fees, for nonresidential development projects.
Housing in-lieu fee. The fee established pursuant to Section 17.30.030, Inclusionary Housing Requirements, for residential development projects.
Housing unit. See “Dwelling unit.”
Hydrozone. A portion of the landscaped area having plants with similar water needs.
Inclusionary Housing Fund. The City of St. Helena Affordable Housing Trust Fund established pursuant to Section 17.30.050, Administration and Enforcement of Affordable Housing Program, and designated by the City to maintain and account for all funds received pursuant to this Title, including but not limited to all in-lieu fees.
Inclusionary Housing Plan. A plan containing all the information specified in and submitted in conformance with Section 17.30.040, Inclusionary Housing Compliance Procedures, specifying the manner in which inclusionary units will be provided in conformance with this Title. lnclusionary unit. A dwelling unit that is designated to meet the requirements set forth in this Code, and that must be made available at an affordable housing cost or an affordable rent to eligible moderate-, low- or very low-income households, as applicable to the unit.
Junior accessory dwelling unit (JADU). See Section 17.22.030.C, Definitions.
Kitchen. An area within any structure, including, but not limited to, dwelling units, equipped to allow the storage, cooking, refrigeration of food and/or intended for the preparation of food.
Land disturbance. Any activity involving the clearing, cutting, excavating, filling or grading of land or any other activity which alters land topography or vegetative cover.
Landscaping. The use of land for permanent, planned planting with, for example, shrubs, trees, or ground cover plants.
Livestock. All domesticated horses, mules, donkeys, cows, pigs, sheep, goats and similar species.
Living quarters. An accessory structure without kitchen facilities designed and used exclusively by persons and families employed on the premises.
Loft. A floor space directly beneath the roof of a structure raised above the main floor. See Section,
17.34.030, Measuring Height.
Lot. A parcel, tract, or area of land whose boundaries have been established by a legal instrument, such as a deed or map recorded with the Napa County, and which is recognized as a separate legal entity for purposes of transfer of title, except public easements or rights-of-way. Lot types include the following:
Abutting Lot. A lot having a common property line or separated by a public path or lane, private street, or easement to the subject lot.
Corner Lot. A lot or parcel bounded by two or more adjacent street lines, or two parts of the same street, that have an angle of intersection of not more than 135 degrees.
Agenda Item #6.1.
Part V: Definitions and Rules of Measurement
October 2022 Public Review Draft | St. Helena Zoning Code | Part V, Page 11 Flag Lot. A lot so shaped that the main portion of the lot area does not have access to a street other than by means of a corridor having less than 20 feet of width.
Interior Lot. A lot bounded on one side by a street line and on all other sides by lot lines between adjacent lots or that is bounded by more than one street with an intersection greater than 135 degrees; a lot other than a corner lot.
Irregular Lot. A lot which is shaped in manner that it does not match the regular pattern of lots on a block, such as a lot with a shape that is not square or rectangular.
Through Lot. A lot having frontage on two parallel or approximately parallel streets.
Figure 17.32.B: Lot Types
Lot area. The gross area of the lot, measured horizontally between lot lines and including any public or private easements contained within the lot lines. See Section 17.34.040, Measuring Lots.
Lot coverage. The land area covered by all buildings or structures on a lot, including all projections except eaves. See Section 17.34.060, Measuring Lot Coverage.
Lot depth. The horizontal distance between the front and rear property lines of a site measured midway between the side property lines. See also Section 17.34.040, Measuring Lots.
Lot line. The property line bounding the lot.
Front Lot Line, or Lot frontage. On an interior lot, the line separating the lot from the right-ofway, public plaza, or parking lot. On a corner lot, the shorter lot line abutting a right-of-way.
On a through lot, the lot line abutting the right-of-way providing the primary access to the lot.
On a flag lot, an interior lot line most parallel to and nearest the right-of-way from which access is obtained. In unusual cases, however, where the location and relationship of the lot to abutting public or private right-of-way (e.g., double frontage or narrow dimension located on local street while wide dimension located on arterial or collector) make it difficult to establish the front of the lot, the Community Development Department shall make a determination, subject to appeal and review by the Planning Commission.
Interior Lot Line. Any lot line that is not adjacent to a right-of-way.
Rear Lot Line. The lot line that is opposite and most distant from the front lot line. Where no lot line is within 45 degrees of being parallel to the front lot line, a line 10 feet in length within Agenda Item #6.1.
Part V: Definitions and Rules of Measurement
Part V, Page 12 | St. Helena Zoning Code | October 2022 Public Review Draft the lot, parallel to and at the maximum possible distance from the front lot line, will be deemed a rear lot line for establishing a minimum rear yard.
Side Lot Line. Any lot line that is not a front or rear lot line.
Street Side Lot Line. A side lot line of a corner lot that is adjacent to a right-of-way.
Figure 17.32.C: Lot Lines
Lot, substandard. Any lot in any district with less than the minimum dimensions or area for the district in which it is located, unless the reduction is specifically authorized under the provisions of this Title.
Lot width. The horizontal distance between the side lot lines, measured at right angles to the lot depth at the front setback line. See also Section 17.34.040, Measuring Lots. When not applicable due to irregularity of lot shape, lot width shall be determined by the Community Development Director, subject to appeal and review by the Planning Commission.
Low-income household. A household whose income does not exceed the qualifying limits for lower income families as established and amended from time to time for Napa County pursuant to Section 8 of the United States Housing Act of 1937. The income limit for low-income households, adjusted for family size, is published periodically in the California Code of Regulations, Title 25, § 6932.
Low-income unit. A dwelling unit that is required to be sold or rented to a low-income household at an affordable sales price or an affordable rent, as applicable.
Lower income households. Defined by § 50079.5 of the Health and Safety Code.
Lumen. The unit used to measure the actual amount of light which is produced by a lamp.
Manufacturing. The establishments engaged in the mechanical or chemical transformation of materials or substances into new products including the assembling or component parts, the manufacturing of products, and the blending of materials such as lubricating oils, plastics, resins, or liquors.
Manufactured housing. A residential building, dwelling unit or habitable room thereof which is either wholly manufactured or is in substantial part manufactured at an off-site location to be wholly or partially assembled on site, in accordance with regulations adopted by the Commission of Housing Agenda Item #6.1.
Part V: Definitions and Rules of Measurement
October 2022 Public Review Draft | St. Helena Zoning Code | Part V, Page 13 and Community Development of the state of California pursuant to California Health and Safety Code § 19990 et. seq.
Market-rate unit. A dwelling unit in a residential development that is not an inclusionary unit.
Marquee. A structural flat roof structure attached to and supported by a building and projecting over public property.
Median income. The median income, adjusted for family size, applicable to Napa County as published annually pursuant to Title 25 of the California Code of Regulations, § 6932 (or its successor provision) by the United States Department of Housing and Urban Development.
Minor Use Permit. An administrative permit which may be granted by the appropriate City authority to provide for the accommodation of land uses with special site or design requirements, operating characteristics, or potential adverse effects on surroundings, which are not permitted as of right, but which may be approved upon completion of an administrative review process and, where necessary, the imposition of special conditions of approval. See Section 17.05.090, Minor Use Permit.
Mixed-use development. The development of a tract of land or building or structure with two or more different uses with a residential use such as, but not limited to office, manufacturing, retail, public or entertainment, in a compact, integrated urban form. Uses can be arranged vertically in one building, or horizontally in one building or separate buildings.
Mobilehome. See Chapter 17.33, Definitions of Uses.
Mobilehome lot. As defined §18210 of the Health and Safety Code, means any area or tract of land or portion of a mobilehome park designated or used for the occupancy of one manufactured home, mobilehome, or recreational vehicle.
Mobilehome park. As defined in § 18214 of the Health and Safety Code, means an area of land where two or more lots are rented or leased, held out for rent or lease, or were formerly held out for rent or lease and later converted to a subdivision, cooperative, condominium, or other form of resident ownership, to accommodate manufactured homes or mobilehomes.
Mobilehome space. A plot of ground within a mobilehome park abutting one or more access drives, designed for the accommodation of one mobilehome.
Mobile recycling unit. An automobile, truck, trailer or van, licensed by the Department of Motor Vehicles which is used for the collection of recyclable materials. A mobile recycling unit also shall mean the bins, boxes or containers transported by trucks, vans or trailers, and used for the collection of recyclable materials.
Mobile Vending Unit. A readily movable food service establishment such as a push cart, van, trailer, or a temporary/movable structure approved for mobile food vending by Napa County. It provides space for limited storage, handling, and/or dispensing of foods or other goods.
Modal shift. A change from one mode of transport to another mode of transport.
Moderate-income household. See definition for "persons and families of low or moderate-income” as set forth in California Health & Safety Code § 50093. The income limit for moderate-income households, adjusted for family size, is published periodically in the California Code of Regulations, Title 25, § 6932.
Agenda Item #6.1.
Part V: Definitions and Rules of Measurement
Part V, Page 14 | St. Helena Zoning Code | October 2022 Public Review Draft Moderate-income unit. A dwelling unit that is required to be sold or rented to a moderate income household, or a low-income unit that is able to qualify to rent or purchase the moderate income unit.
Monthly owner-occupied housing payment. The sum equal to the principal, interest, property taxes, homeowner’s insurance and homeowner’s association dues paid on an annual basis divided by 12.
Motor vehicle. Any automobile, truck, or motorcycle.
Multi-Family Dwelling. See Chapter 17.33, Definitions of Uses.
Muntin. A strip of wood or metal used to separate panes of glass within a window.
Neighborhood. An area of a community with characteristics that distinguish it from other community areas and which may include distinct ethnic or economic characteristics, schools or social clubs, or boundaries defined by physical barriers such as major highways and railroads or natural features such as rivers. Where none of the conditions or characteristics described above apply a neighborhood is assumed to be the area within a radius of approximately one-half mile of a specified site.
Net parcel area. The total horizontal area included within the property lines of a parcel, excluding area within vehicular rights-of-way and vehicular easements.
Nightclub. A commercial establishment which serves alcoholic beverages for on-site consumption and which provides entertainment, whether live or mechanical as its principal use or as an adjunct use to another use; provided, however, that no such commercial establishment shall be considered a nightclub unless dancing by patrons occurs.
Nonconforming lot. A legal parcel of land having less area, frontage, or dimensions than required in the zone in which it is located.
Nonconforming structure. A building or structure which was lawfully erected prior to the adoption of this Title, but which, under this Title, does not conform to the standards of coverage, yards, setbacks, height of buildings or structures, or distances between buildings or structures prescribed in the regulations for the district in which the building or structure is located.
Nonconforming use. A use of a structure or land, which was lawfully established and maintained prior to the adoption of this Title, but which, under this Title, does not conform with the use regulations for the district in which it is located.
Occupancy. The purpose for which a building is used or intended to be used. The term shall also include the building or room housing such use. A change of occupancy is not intended to include change of tenants or proprietors without an accompanying change of use.
Office. A room or group of rooms used for conducting the affairs of a business, profession, service, industry, or government.
Open storage. The keeping in an unroofed area of any goods, junk, material, merchandise or vehicles in the same place for an extended period of time.
Overhang. The part of a roof (see “Eave”) or wall which extends beyond the facade of a lower wall. It can also mean that portion of a vehicle extending beyond the wheel stops or curb.
Owner. A person, persons or corporation holding fee title to property within the City as shown on the most recent assessor’s role in the county of Napa.
Agenda Item #6.1.
Part V: Definitions and Rules of Measurement
October 2022 Public Review Draft | St. Helena Zoning Code | Part V, Page 15 Parcel. A lot or tract of land. “Parcel” or “assessor’s parcel” is also a term for a unit of land created and assigned a number by the Napa County Assessor. Since assessor’s parcels are established for assessment purposes only, they are not necessarily lots of record.
Parking definitions. See Section 17.26.020, Definitions.
Parking area. An area of a lot, structure, or any other area, including driveways, which is designed for and the primary purpose of which is to provide for the storage of operable motor vehicles for a period of 72 hours or less.
Partially-shielded light fixture. A light fixture constructed and mounted such that most light emitted by the fixture, either directly from the lamp or a diffusing element, or indirectly by reflection or refraction from any part of the fixture, is projected below the horizontal. Light emitted at or above the horizontal direction (sideways or upwards) arises only from incidental decorative elements or strongly colored or diffusing materials such as "honey" or colored glass or plastic. Fixtures using spot or flood lamps are considered partially shielded.
Perimeter. The boundaries or borders of a lot or lots if developed as a unit.
Persons. Individual persons and any form of organization, including but not limited to sole proprietorships, partnerships, corporations, trusts and any other form of commercial or noncommercial enterprise; person applies to any person who is the owner, lessee, sublessee, manager of premises, to any other person who is in possession of or in charge of premises, and to any person who has management or supervisory authority or responsibility to direct construction work or any other activity or use taking place on premises.
Planning Commission. The Planning Commission of the City of St. Helena.
Planned development. An area developed according to an approved planned development permit with unique development standards pursuant to the PD zoning overlay established for the development.
Porch. A roofed approach to a doorway usually extending from the exterior wall of the structure and requiring ground supports.
Pre-prohibition winery. A building that was used as a winery prior to Prohibition but has since been abandoned from use as a winery. For purposes of this Section, Prohibition took effect on January 16, 1920. Also referred to as a “ghost winery.”
Private wine marketing event. Marketing event which is hosted by a Small Winery owner/operator for members of the wine trade.
Processing. The preparation of materials for efficient shipment, or to an end-user’s specifications, by such means as baling, briquetting, compacting flattening, grinding, crushing, mechanical sorting, shredding, cleaning, and remanufacturing.
Processing fee. The charges for staff time, transmission and communication costs, including but not limited to charges for postage, telephone, fax, transportation, etc., as well as the costs of production or reproduction of materials, exhibits, etc., used in the investigation, processing, inspection or review of development projects or the enforcement of regulations and conditions to development projects.
Also referred to as “processing costs.”
Public. A building or land use open to the public, whether free or on a fee basis.
Agenda Item #6.1.
Part V: Definitions and Rules of Measurement
Part V, Page 16 | St. Helena Zoning Code | October 2022 Public Review Draft Public hearing. A meeting noticed as required by this Title in which testimony and arguments are presented publicly before any of the City’s hearing bodies, including the Planning Commission and City Council.
Public recreation. Any recreational use that is not private.
Publicly owned. Land or building owned or operated by a governmental or other public agency.
Pump island. A facility, generally a raised concrete apron, designed primarily to hold motor vehicle fuel dispensing devices, and separated from other pump islands by sufficient space for the maneuvering of an automobile.
Qualifying resident. As defined in § 51.3 of the Civil Code, a qualifying resident or senior citizen means a person 62 years of age or older, or 55 years of age or older in a senior citizen housing development.
Reconstruction. The repair or renewal of any part of an existing structure for the purpose of work necessary due to damage in same footprint where rebuilding structure.
Recreational trailer. Any camping trailer and any trailer designed for transporting boats, airplanes, motorcycles, horses or other livestock which horses or livestock are intended solely for recreational use, tents, and any other recreational equipment.
Recreational vehicle. As defined in California Government Code § 18010, recreational vehicle means both of the following:
1. A motor home, travel trailer, truck camper, or camping trailer, with or without motive power, designed for human habitation for recreational, emergency, or other occupancy, that meets all of the following criteria:
a. It contains less than 320 square feet of internal living room area, excluding built-in equipment, including, but not limited to, wardrobe, closets, cabinets, kitchen units or fixtures, and bath or toilet rooms.
b. It contains 400 square feet or less of gross area measured at maximum horizontal projections.
c. It is built on a single chassis.
d. It is either self-propelled, truck-mounted, or permanently towable on the highways without a permit.
2. A park trailer, as defined in California Government Code § 18009.3.
Rehabilitation. The process of returning a property to a state of utility, through repair or alteration, which makes possible an efficient contemporary use while preserving those portions and features of the property which are significant to its historic, architectural, and cultural values.
Rental. A dwelling unit that is not a for-sale dwelling unit, and does not include any dwelling unit, whether offered for rental or sale, that may be sold as a result of the lawful subdivision of the parcel upon which the dwelling unit is located or creation of the unit in accordance with the Subdivision Map Act (Government Code § 66410 et seq.).
Resale restriction agreement. A legally binding agreement between the City and the purchaser of a for-sale inclusionary unit, in a form as approved by the City Attorney, which requires that the Agenda Item #6.1.
Part V: Definitions and Rules of Measurement
October 2022 Public Review Draft | St. Helena Zoning Code | Part V, Page 17 inclusionary unit to be occupied by the purchaser for the term of the agreement or sold to another moderate-income household at an affordable sales price.
Residential condominium project. A community apartment project, a condominium, a condominium project, a stock cooperative or a planned development as those terms are defined by California Civil Code § 783, California Business and Professions Code, respectively. A residential condominium project does not mean or include:
• Financing or leasing of apartments, offices, stores or store space within apartment buildings, industrial buildings, commercial buildings, mobilehome parks or trailer parks; • Mineral, oil or gas leases; or
• Land dedicated for cemetery purposes under the Health and Safety Code of the state of California.
Residential density, or Density. A computation expressing number of dwelling units per acre, based on the gross lot area prior to the dedication of any rights of way, public parks or other public areas.
Primary and accessory units are included in the calculation of residential density.
Residential development. Any development project for which an application for any ministerial or discretionary pem1it has been submitted to the City and where the development would create new or additional dwelling units by the construction or alteration of structures, the conversion of a use to residential from any other use, or the conversion of a use to for-sale residential from rental residential use.
Reverse vending machine. An automated mechanical device which accepts at least one or more types of empty beverage containers including, but not limited to, aluminum cans, glass and plastic bottles, and issues a cash refund or a redeemable credit slip with a value not less than the container’s redemption value as determined by the state. A reverse vending machine may sort and process containers mechanically provided that the entire process is enclosed within the machine. A bulk reverse vending machine is a type of reverse vending machine that is larger than 50 square feet; is designed to accept more than one container at a time; and will pay by weight instead of by container.
Review Authority. Body or entity responsible for making decisions on applications.
Rezoning or Reclassification. See “Amendment.”
Right-of-way. An area of land acquired by reservation, dedication, prescription or condemnation and is intended to be occupied or is occupied by a street, road or other similar public utility or use. The right-of-way generally includes the area behind the curb (i.e., planting strip, sidewalk and sometimes the area behind the sidewalk).
Riparian. Land and vegetation which is located adjacent to a natural or man-made water course or body of water.
Roof. The outside top covering of a building.
Run with the land. A covenant, restriction, permit, or entitlement to the use of the land contained in a deed or other recorded instrument which is binding on the present and future owners of the property.
Screening. A method of visually shielding or obscuring one abutting or nearby structure or use from another or from the public right-of-way by fencing, walls, berms or densely planted vegetation.
Agenda Item #6.1.
Part V: Definitions and Rules of Measurement
Part V, Page 18 | St. Helena Zoning Code | October 2022 Public Review Draft Section 8 of the Housing and Urban Development Act of 1965. A federal rent subsidy program (or its successors) in which eligible, very low-income and low-income households receive financial assistance to rent housing units.
Service station. A parcel of land, or any portion of a parcel of land, developed exclusively for the purpose of, and with facilities for, the sale of motor vehicle fuels; and which may also provide lubricants, tires, batteries, accessory items and other customary services for motor vehicles, the delivery of which is made directly to the vehicle. The servicing of motor vehicles shall be generally limited to lubrication, nonmechanical washing, the replacement of spark plugs, lamps, fan belts and batteries, the repair or replacement of tires and tubes; and minor motor vehicle repair.
Setback. The distance between a property line and a building or structure that must be kept clear or open, except for such encroachments as are specifically permitted by this Title.
Setback, front. The area extending the full width of the lot as measured from, and perpendicular to, a front lot line.
Setback, interior side. The area extending from a front setback line to a rear setback line as measured from, and perpendicular to, an interior side property line. An interior side setback does not abut a street.
Setback, street side. The area extending from a front setback line to a rear setback line as measured from, and perpendicular to, a street side property line.
Setback, rear. The area extending the full width of the lot as measured from, and perpendicular to, a rear lot line. If a lot has no rear lot line, a line 10 feet in length within the lot, parallel to and at the maximum possible distance from a front lot line, will be deemed a rear lot line for establishing a minimum rear yard.
Figure 17.32.D: Setbacks
Shopping center. A type of integrated commercial center specifically designed for occupancy or occupied by a minimum of five separate uses devoted predominantly to retail and personal service activities which are characterized by common parking, access, function and appearance. Shopping centers may also include other nonretail uses (i.e., restaurants, real estate offices, travel agencies, law Agenda Item #6.1.
Part V: Definitions and Rules of Measurement
October 2022 Public Review Draft | St. Helena Zoning Code | Part V, Page 19 offices, etc.) when permitted by district regulations. Also referred to as “Integrated commercial center.”
Short-term rental. A use in which overnight accommodations are provided to guests for compensation for periods of less than 30 days in a single-family dwelling.
Sign terms. See Section 17.27.020, Sign Definitions.
Single housekeeping unit. A dwelling unit in which the residents of the dwelling unit satisfy the following criteria:
1. They have established ties and familiarity and interact with each other.
2. Membership in the single housekeeping unit is fairly stable as opposed to transient or temporary.
3. They share meals, household activities, expenses, and responsibilities.
4. All adult residents have chosen to jointly occupy the entire premises of the dwelling unit, and they each have access to all common areas.
5. If the dwelling unit is rented, all adult residents are named on and party to a single written lease that gives them each joint use and responsibility for the premises.
6. Membership of the household is determined by the residents not by a landlord, property manager, or other third party.
7. The residential activities of the household are conducted on a nonprofit basis.
8. They do not have separate entrances, nor do they have separate food-storage facilities, such as separate refrigerators or food-prep areas.
Single room occupancy housing. See Chapter 17.33, Definitions of Uses.
Slope. The degree of deviation of a surface from the horizontal, usually expressed in percent, degrees or ratios. Slope is referenced or measured in the following ways:
Percent slope: The change in elevation or rise (in feet) divided by the horizontal distance or run in feet multiplied by 100 (e.g., 50 feet/480 feet x 100 = 10.4 percent).
Degrees. The angle of deviation from the horizontal which ranges from zero degrees for horizontal to 90 degrees for vertical (e.g., a 50 percent slope is equal to 26.5 degrees).
Slope ratio: The ratio between the horizontal or run in feet and vertical or rise in feet (e.g., a three to one slope (expressed as 3:1) shall mean three horizontal feet to one vertical foot; a 100 percent slope is the same as a slope ratio of 1:1 and is the same as 45 degrees).
Small lot development. Residential development on lots which are smaller than the minimum lot size of the zoning district, including but not limited to those specifically designed to accommodate bungalow court developments, garden court development, and zero lot line dwellings (single-family dwellings attached at a common wall located on a side lot line) and meeting the standards of Section
17.16.030, Development Standards and Section 17.16.040, Design Standards.
Specific Plan. Specific plans are planning documents that guide the development of a particular geographic area within the City. They are separate from, but must be consistent with, a jurisdiction’s adopted general plan. Specific plans implement the general plan by providing a special set of planning policies and development standards. Refer also to the provisions of Government Code, §§ 65450 et seq.
Stable, Private. Any building, barn, corral or paddock used or designed to shelter or keep livestock.
Agenda Item #6.1.
Part V: Definitions and Rules of Measurement
Part V, Page 20 | St. Helena Zoning Code | October 2022 Public Review Draft Stable, Public or Riding. An establishment where livestock is kept, boarded, groomed or trained, rented for riding, or bred for profit.
Staff. The employees, agents, contractors, and consultants of the City.
Step-back A term used to describe an upper-story portion of a building façade that is closer to the interior of a property than the portion of the façade immediately below.
Storage. The placement of material objects on a site for any period in excess of seven consecutive days or the parking of a vehicle in the same approximate location for a period of 72 hours or more.
Story. Portion of a building included between the upper surface of any floor and the upper surface of the floor next above; except that the topmost story shall be that portion of a building included between the upper surface of the topmost floor and the roof above. See Section 17.34.030, Measuring Height.
Story, Half. A partial story under a gable, hip or gambrel roof, of which the wall plates of two opposite exterior walls are not more than four feet above the floor.
Street, Center Line of. The line drawn at points midway between the face of curbs of an improved street; or as determined by the City Engineer, in the case of unimproved or partially improved streets.
Street, Private. A right-of-way or easement, approved by the City Council, in private ownership, not dedicated or maintained as a public street, and not an alley, and which affords the principal shall mean of access to two or more sites. See “Access drive.” Street, Public. A way, the entire width of which is within a publicly owned right-of-way and which contains pedestrian, vehicular and utility improvements, facilities and appurtenances. The term shall include avenue, drive, road, circle, parkway, boulevard, highway, thoroughfare or any other similar term. Also any dedicated street accepted by the City for maintenance.
Structural alterations. Any change in the supporting members of a building such as bearing walls, columns, beams or girders and floor joists, ceiling joists or roof rafters.
Structure. Anything constructed or erected, except fences, the use of which requires permanent location on the ground or attached to something having a permanent location on the ground. (Note:
All buildings are structures, but not all structures are buildings. See “Building.”) Subdivision. The division, by any subdivider, or any unit or units of improved or unimproved land or any portion thereof, shown on the latest equalized county assessment roll as a unit or as contiguous units, for the purpose of sale, lease or financing, whether immediate or future except for leases of agricultural purposes. Property shall be considered as contiguous units, even if it is separated by roads, streets, utility easement or railroad rights-of-way. The term subdivision includes a “condominium project,” as defined in § 1350 of the Civil Code, a “community apartment project,” as defined in § 11004 of the Business and Professions Code, or the conversion of five or more existing dwellings to a “stock cooperative,” as defined in § 11003.2 of the Business and professions Code.
Supportive housing. As defined in Government California Health and Safety Code § 50675.14, supporting housing means housing with no limit on length of stay, that is occupied by the target population, and that is linked to onsite or offsite services that assist 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.
Agenda Item #6.1.
Part V: Definitions and Rules of Measurement
October 2022 Public Review Draft | St. Helena Zoning Code | Part V, Page 21 Swarming. The natural method of honeybee colonies to reproduce, resulting in the departure of part of the bee population with a queen to create a new honeybee colony.
Swimming pool. An outdoor pool or artificial body of water designed, constructed or used for swimming, dipping, or immersion purposes, and having a depth in excess of 24 inches or a surface area exceeding 100 square feet.
Timeshare. See Section 17.22.260, Time Share Uses.
Townhouse. A single dwelling unit in a townhouse group, located or capable of being located on a separate lot; and being separated from the adjoining dwelling unit by an approved wall, extending from the foundation through the roof and structurally independent of the corresponding wall of the adjoining unit.
Transitional housing. As defined in California Government Code Section § 50801, transitional housing means housing with supportive services for up to 24 months that is exclusively designated and targeted for recently homeless persons. Transitional housing includes self-sufficiency development services, with the ultimate goal of moving recently homeless persons to permanent housing as quickly as possible, and limits rents and service fees to an ability-to-pay formula reasonably consistent with the United States Department of Housing and Urban Development’s requirements for subsidized housing for low-income persons. Rents and service fees paid for transitional housing may be reserved, in whole or in part, to assist residents in moving to permanent housing.
Transitory Lodging. Lodging provided for a period of up to 30 days.
Triplex. A three-family dwelling designed or used exclusively as residences. Includes three separate but attached dwelling units.
Top of bank. The highest elevation of land which confines to their channel waters flowing in an intermittent or perennial stream or river.
Turf. A ground cover surface of mowed grass.
Unenclosed. Open on at least one side.
Urban Limit Line. A parcel-specific boundary that marks the limit of where urban development is permitted within the incorporated area of St. Helena. The intent of the Urban Limit Line is to discourage urban sprawl by containing urban development within designated areas during the planning period.
Use, Accessory. See “Accessory use.”
Utilities. Garbage collection, sewer, water, electricity, gas and other heating, cooling, cooking and refrigeration fuels.
Vacancy rate. The number of uninhabited dwelling units that are available and suitable for occupancy expressed as a ratio to the total number of housing units.
Variance. The term applied to the procedure whereby the strict application of the provisions of this Title relating to height, area, yard requirements or other requirements of this Title may be modified in a particular instance. The term “variance” does not apply to a use modification.
Vehicle. A device by which any person or property may be propelled, moved, or drawn upon a highway, excepting a device moved exclusively by human power or used exclusively upon stationary Agenda Item #6.1.
Part V: Definitions and Rules of Measurement
Part V, Page 22 | St. Helena Zoning Code | October 2022 Public Review Draft rails or tracks. The definition of vehicles includes motor vehicles, recreational vehicles, recreational trailers and boats.
Very low-income household. A household whose income does not exceed the qualifying limits for very low-income families as established and amended from time to time pursuant to § 8 of the United States Housing Act of 193 7. The income limits for very low-income households, adjusted for family size, is published periodically in the California Code of Regulations, Title 25, § 6932.
Very low-income unit. Unit that is required to be rented to a very low-income household at an affordable rent.
Video game center. A commercial establishment which offers six or more electronic games as a form of entertainment.
Visibility triangle. On a corner lot, the triangle formed by the property lines extended to their intersection and a line connecting such property line extensions measured 35 feet from their point of intersection.
Figure 17.32.E: Setbacks
Wall. The vertical exterior surface of a building; or the vertical interior surfaces which divide a building’s interior space into rooms.
Warehouse. A building used primarily for the storage of goods and materials.
Waterway. Any natural or artificial stream, river, creek, ditch, channel, canal, conduit, culvert, drain, gully, ravine or wash in which water flows in a definite direction or course, either continuously or intermittently, and has a definite channel, bed and banks, and includes any area adjacent thereto subject to inundation by reason of overflow or flood water.
Wetlands. Areas that are inundated or saturated by surface or ground water at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands generally include swamps, marshes, bogs, and similar areas.
Wine production. A winery's total annual production equals the sum of all wine created through fermentation in a given year plus the net total of all fermented bulk wine received and shipped in the same year, including all bottled wine received on the premises during the same year.
Wine marketing event. Any activity conducted at a small winery for the purpose of educating members of the wine trade and persons who have pre-established business relationships with the small winery or its owner/operator about the wine produced at the Small Winery in order to increase the amount of wine sold to those individuals. Marketing activities may include food service without Agenda Item #6.1.
Part V: Definitions and Rules of Measurement
October 2022 Public Review Draft | St. Helena Zoning Code | Part V, Page 23 charge when provided in association with such education and development but shall not include cultural and social events unrelated to such education and development.
Xeriscape. A style of landscape design requiring little or no irrigation or other maintenance. Xeriscape principles are listed in Chapter 17.25, Landscaping.
Zero lot line. The location of a building on a lot line in such a manner that one or more of the building’s sides rest directly on a lot line. See “Small lot development.” Zone. See “District.”
Zoning map. The officially adopted zoning map or maps of the City, together with all amendments subsequently adopted.
Zoning Code. Title 17 of the St. Helena Municipal Code consisting of the official adopted zoning map and text.
Agenda Item #6.1.
Part V: Definitions and Rules of Measurement
Part V, Page 24 | St. Helena Zoning Code | October 2022 Public Review Draft Definitions of Uses
Accessory dwelling unit (ADU). See Section 17.22.030, Accessory Dwelling Units.
Adult entertainment. An establishment of concern that, as a regular and substantial course of conduct, offers, sells or distributes adult-oriented merchandise, or that offers to its patrons materials, products, merchandise, services, entertainment or performances that have sexual arousal, sexual gratification, and/or sexual stimulation as their dominant theme, or are characterized by an emphasis on specified sexual activities or specified anatomical areas and are not customarily open to the general public because they exclude minors by virtue of their age. This classification does not include any establishment offering professional services conducted, operated, or supervised by medical practitioners, physical therapists, nurses, chiropractors, psychologist, social workers, marriage and family counselors, osteopaths, and persons holding licenses or certificates under applicable State law or accreditation from recognized programs when performing functions pursuant to the respective license or certificate.
Agriculture.
Animal husbandry. The use of land for the care and raising of livestock, equine, poultry, and dairy animals. This also includes any animal-related production uses incidental to the foregoing, including processing, drying, storage, and sales.
Animal keeping. The raising or keeping of domestic animals as provided in Title 6, Animals of the Municipal Code and Section 17.22.060, Animal Keeping.
Beekeeping. The keeping or propagation of honeybee hives for collection of honey or other bee products.
Cultivated agriculture. A commercial facility for the cultivation of tree, vine, field, forage, and other plant crops intended to provide food or fibers or for growing flowers, trees, and ornamentals. Includes farming, pasturage, horticulture, floriculture, and viticulture.
Agricultural employee housing. Employee housing as set forth in California Health and Safety Code § 17008 for farmworkers.
Agricultural supply sales. An establishment or place of business primarily engaged in the retail or wholesale sale from the premises of farm supply, feed, grain, fertilizers, pesticides, and similar goods as well as the provision of agriculturally related services with incidental storage on a lot other than where the service is rendered.
Amphitheater. An open building with a central space surrounded by tiers of seats for spectators, for the presentation of dramatic, sporting, or other events.
Animal boarding facility/kennel. A facility for keeping, boarding, training, breeding, or maintaining, generally overnight or in excess of 24 hours, animals not owned by the owner or operator of the facility.
Automobile/Vehicle sales and services.
Auto rental. An establishment providing for the rental of automobiles, motorcycles, or other vehicles. Typical uses include car rental agencies. Excludes large vehicles and equipment.
Agenda Item #6.1.
Part V: Definitions and Rules of Measurement
October 2022 Public Review Draft | St. Helena Zoning Code | Part V, Page 25 Auto sales. A retail or wholesale establishment for the display and sale of new or used automobiles, small trucks and vans, motorcycles, and other motor vehicles. Excludes large vehicles and equipment.
Auto service and repair. The service and repair of automobiles, trucks, motorcycles, motor homes, boats, and recreational vehicles, including the incidental sale, installation, and servicing of related equipment and parts.
Car wash. A facility for and a process involving the washing or cleaning of automobiles or other motor vehicles A car wash may, but need not, include drying facilities. Car wash does not include a casual or occasional use of the premises to wash or clean automobiles or other motor vehicles that is done as a convenience or accommodation to customers or other persons and that constitutes a secondary use.
Large equipment sales, service, and rental. Sales, servicing, rental, fueling, and washing of large trucks, trailers, tractors, and other equipment used for construction, moving, farming/agricultural, or landscape gardening activities.
Service station. An establishment primarily engaged in retailing automotive fuels or retailing these fuels in combination with activities, such as providing minor automobile vehicle repair services; selling automotive oils, replacement parts, and accessories; or providing incidental food and retail services. Major motor vehicle repair (engine rebuilding or reconditioning of engines, motor vehicles or trailers; collision service, including body, frame or fender repair; over-all painting) is not permitted. This facility may include a “mini-mart” or a convenience store that sell products, merchandise, or services that are ancillary to the primary use related to the operation of motor vehicles.
Towing and impound yard. An establishment primarily engaged in towing light or heavy motor vehicles, both local and long distance. This establishment may provide incidental services, such as vehicle storage and emergency road repair services.
Bank or financial institution. A financial institution providing retail banking services. This classification includes only institutions that serve walk-in customers or clients, including banks, savings, and loan institutions, check-cashing services, and credit unions. Includes facilities that provide self-serve facilities; excludes drive-through facilities.
Business services.
Cleaning and janitorial services. An establishment that offers professional cleaning services.
Equipment rental and leasing. A service establishment that may offer a wide variety of household and business equipment, furniture, and materials for rental or leasing.
General business services. An establishment primarily engaged in providing personal services and commercial services to other businesses on a fee or contract basis, including advertising and mailing, legal document services, model building, and taxi services or delivery services with two or fewer fleet vehicles on-site.
Printing and copy services. An establishment providing printed or copied materials from digital or hard copy format originals, including printing and distribution of envelopes, business cards, and similar business products.
Agenda Item #6.1.
Part V: Definitions and Rules of Measurement
Part V, Page 26 | St. Helena Zoning Code | October 2022 Public Review Draft Security services. A service establishment that offers monitoring, theft prevention, or protection of individuals or property.
Caretaker residence. A building which is used as a residence by a security guard or caretaker of a commercial, industrial, public, or semi-public use, which is located on or adjacent to the premises occupied by the use, and which is reasonably necessary to provide adequate security for the use.
Catering. An accessory service to a restaurant that provides food or beverages at social events or other large gatherings.
Cemetery. An establishment primarily engaged in operating sites or structures reserved for the interment of human or animal remains, including mausoleums, burial places, and memorial gardens.
Cinema/theater. A facility for the indoor display of motion pictures on single or multiple screens and stage productions such as plays, ballets, and musical performances. This classification may include incidental food and beverage service to patrons as well as an auditorium within a building.
College or trade school. An institution of higher education primarily for adults providing curricula of a general, religious, or professional nature, granting degrees or professional certifications and including junior colleges, business and computer schools, management training, and technical and trade schools. This classification excludes Instructional Services.
Commercial laundry. A facility where articles of fabric are laundered by commercial grade machinery.
Does not include Laundromat, Self Service.
Communication facility.
Audio/video recording studio. An indoor facility including radio, television or music recording studios.
Telecommunications. See Section 17.22.270, Wireless Telecommunication Facilities.
Community assembly. A facility for public or private meetings and gatherings, including community centers, union halls, places of worship, meeting halls, and membership organizations. This classification includes the use of functionally related facilities for the use of members and attendees, such as kitchens, multi-purpose rooms, classrooms, and storage. Includes social halls, lodges, fraternal organizations, and clubs when owned and operated by nonprofit organizations.
Community garden. An area where neighbors and residents have the opportunity to contribute to and manage the cultivation of plants, herbs, vegetables, and fruits. May consist of individually tended plots on a shared parcel or many be communal on a single plot.
Contractor shop. An establishment for specialized business activities related to building construction.
This classification includes establishments for trades such as painting, carpentry, plumbing, heating, air-conditioning, roofing, landscaping, cabinetmaking, and sign-making.
Contractor’s office and showroom. An office or showroom of a business related to building construction. This classification excludes storage yards.
Contractor’s yard. Premises used by any person for the storage, maintenance, repair and processing of equipment, materials and other items involved in construction of physical facilities or in the operation of a fleet of rolling stock.
Agenda Item #6.1.
Part V: Definitions and Rules of Measurement
October 2022 Public Review Draft | St. Helena Zoning Code | Part V, Page 27 Cottage food operation. An enterprise where an individual prepares or packages non-potentially hazardous foods in his or her private home for sale to consumers and as it is defined in California Health and Safety Code §113758.
Crop services. An establishment that provides agriculturally related services including pesticide application and tree maintenance.
Cultural institution. A public or private institution and/or associated facility engaged in activities to promote aesthetic and educational interest among the community that are open to the public on a regular basis. This classification includes performing arts facilities, community centers, arenas, auditoriums, event and conference spaces, spaces for display or preservation of objects of interest in the arts or sciences, libraries, museums, and historical sites. This classification excludes schools or institutions of higher education providing curricula of a general nature (see College or Trade School).
Custom and artisan manufacturing. An establishment primarily engaged in on-site production of goods by hand manufacturing or artistic endeavor, which involves only the use of hand tools or small mechanical equipment and the incidental direct sale to consumers of only those goods produced on site. Typical uses include metalworking, pottery and ceramic studios with a kiln, glass furnace, or woodworking.
Day care facility. A commercial establishment providing non-medical care for persons on a less than 24-hour basis other than Family Day Care. This classification includes nursery schools, preschools, and day care facilities for children or adults, and any other day care facility licensed by the State of California.
Dry cleaning facility. A facility engaged in the cleaning of fabrics in an essentially non-aqueous solvent by means of one or more washes in solvent and extraction of excess solvent. Does not include Dry Cleaners, Drop-Off and Pick-Up.
Eating and drinking establishment.
Bar. A business, whether called a bar, nightclub, lounge, or other, that serves alcoholic beverages for consumption on the premises as a primary use, including on-sale service of alcohol including beer, wine, and mixed drinks and amplified music as an accessory use. This subclassification excludes formula businesses.
Brewpub. An establishment that is a hybrid between a restaurant and a brewery engaged in the small-scale production of specialty or craft beer that sells at least 25 percent of the beer produced on-site with significant food services in a restaurant or bar. Brewpubs may also sell beer to go or distribute it to offsite destinations.
Mobile food vendor. A business engaged in the sale of prepared, pre-packaged or unprepared, unpackaged food or foodstuffs from a mobile vending unit on private or public property.
Restaurant, full service. An establishment where food and beverages are served to patrons on-site. This subclassification excludes formula businesses.
Restaurant, limited counter service. A restaurant where more than 50 percent of food, frozen desserts, or beverages intended for immediate consumption is available after a short waiting time and is packaged or presented in such a manner that it may be readily eaten off the premises as well as on the premises where it is sold; and where the facilities for onpremises consumption of the food items are insufficient for the volume of customers Agenda Item #6.1.
Part V: Definitions and Rules of Measurement
Part V, Page 28 | St. Helena Zoning Code | October 2022 Public Review Draft purchasing such items. This subclassification includes, but is not limited to, cafes, coffee shops, ice cream shops, delicatessens, bakeries, and sandwich shops, and by-the-slice pizza parlors with indoor or outdoor seating for customers. This subclassification excludes formula businesses.
Emergency services. Facilities for parking and the dispatch of emergency medical transport services, including ambulance, fire, police, and rescue. May include offices and facilities for cooking and sleeping of on-duty personnel.
Family day care, large. As defined in California Health and Safety Code Section § 1596.78, a large family daycare home means a facility that provides care, protection, and supervision for seven to 14 children inclusive, including children under 10 years of age who reside at the home, as set forth in § 1597.465 and as defined in those regulations.
Family day care, small. As defined in California Health and Safety Code Section § 1596.78 a 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 § 1597.44 and as defined in those regulations.
Food and beverage sales.
Farmers market. Temporary but recurring outdoor retail sales of primarily raw, unprocessed fruits, vegetables, nuts, plants, flowers, and prepared products such as jellies, breads, and meats that are predominantly grown or produced by vendors who sell them. Also includes sale of non-food items (processed food, artisan items, clothing, leather, art, etc.) Fruit and vegetable market. A retail establishment that primarily sells fresh produce.
Grocery store. A store limited to 10,000 square feet in gross floor area with retail sales of meat, produce, dairy, baked goods, and groceries with accessory sales of household goods and delicatessen items.
Liquor store. A retail establishment that primarily sells alcoholic beverages.
Public market. A retail location made up of small independent retail or food/drink businesses where each shop or stall is owner-operated.
Roadside stand. An open-air retail establishment that sells agricultural products produced on-site.
Winery tasting room. An establishment that sells wines on behalf of one or more wineries and enables consumers to taste wine (with and without charge) as a regular part of the sales process. The wines for tasting and for sale must be made from a minimum of 75 percent Napa Valley grapes and must be labeled Napa Valley or be a sub-appellation of the Napa Valley. The permit requires a Type 02 ABC license. Food may be provided if it is at no cost to the consumer, is made off premises, and the facilities are approved by Napa County Environmental Management.
Wine shop. An establishment that purchases and sells wines from multiple wineries and distributors. Wines may be made in other counties in California, other states, or other countries. Incidental wine tastings may occur in wine shops. Wine shops are not owned by wineries and must possess a Type 20, 21, or 42 license from Alcoholic Beverage Control.
Agenda Item #6.1.
Part V: Definitions and Rules of Measurement
October 2022 Public Review Draft | St. Helena Zoning Code | Part V, Page 29 Food preparation. An establishment preparing and/or packaging food for off-site consumption only, including catering kitchens, small-scale specialty food production, and commercial kitchens. This classification excludes establishments with an industrial character in terms of processes employed, waste produced, water used, and traffic generation. May include ancillary retail sales of items prepared on the premises.
Formula business. A business which is required by contractual or other arrangement to maintain any of the following: standardized services, decor, uniforms, architecture, signs, trademark, name or other similar standardized features which cause them to be substantially identical to 10 or more other businesses in the United States regardless of ownership or location. This shall include, but not be limited to, retail sales and service, visitor accommodations, wholesale and industrial operations. Does not include formula restaurants, which are prohibited.
Fuel storage. A facility engaged in the storage of gasoline or other fuel sources.
Funeral home or mortuary. An establishment primarily engaged in the provision of services, involving the care, preparation, or disposition of human remains and conducting memorial services.
This subclassification includes funeral parlors, crematories, and mortuaries, but excludes cemeteries and burial parks.
Government office. An administrative, clerical, or public contact office of a government agency, including postal facilities and courts, along with the storage and maintenance of vehicles. Includes public and quasi-public noncommercial uses (open to the public but privately owned), buildings and facilities of an administrative, educational, religious, cultural, communications or public service nature.
This classification excludes corporation yards, equipment service centers, and similar facilities that require maintenance and repair services and storage facilities for related vehicles and equipment.
Health club or fitness center. A facility used for sports, health, and recreational uses, including tennis or racquetball courts, swimming pools, weight training, exercise classes, health spas, and other similar uses.
Heavy equipment repair. An establishment engaged in the repair of heavy-duty vehicles, construction equipment and apparatus, as well as equipment associated with any form of heavy manufacturing.
Home occupation. A commercial use conducted on residential property by the residents that is incidental to the primary residential use of the dwelling.
Hospital or clinic. A State-licensed facility providing medical, surgical, psychiatric, or emergency medical services to sick or injured persons. This classification includes facilities for inpatient or outpatient treatment, including substance-abuse programs and teen crisis counseling centers, as well as training, research, and administrative services for patients and employees. This classification excludes veterinary and animal hospitals (see Veterinary Clinic).
Indoor recreation. An establishment that provides indoor amusement or recreation services conducted within an enclosed building. This classification includes but is not limited to arcades, bingo halls, bowling alleys, billiard parlors, video game center, card rooms, and ice- and roller-skating rinks.
Industrial, general. An establishment engaged in the manufacturing of non-edible products from extracted or raw materials or recycled or secondary materials, or bulk storage and handling of such products and materials. Production typically involves some transformation by way of heating, chilling, combining, or through a chemical or biochemical reaction or alteration. Toxic, hazardous, or explosive Agenda Item #6.1.
Part V: Definitions and Rules of Measurement
Part V, Page 30 | St. Helena Zoning Code | October 2022 Public Review Draft materials may be produced or used in large quantities as part of the manufacturing process. These industrial activities may produce impacts on nearby properties, such as noise, gas, odor, dust, or vibration. This classification includes manufacturing for biomass energy conversion, commercial cosmetics and perfumes, electrical appliances, apparel and textile mills, leather and allied products manufacturing, wood and paper, glass and glass products, chemical products, medical/pharmaceutical products, plastics and rubber, nonmetallic minerals, primary and fabricated metal products, and automotive and heavy equipment.
Instructional services. An establishment that offers specialized programs in personal growth and development such as music, martial arts, vocal, fitness, dancing, reading, and math instruction.
Attendance is typically limited to hourly classes rather than full-day instruction. These establishments do not grant diplomas or degrees, though instruction could provide credits for diplomas or degrees granted by other institutions. Includes art, dance, photography, or music studio offering instruction, including retail as an accessory use. This classification also includes tutoring facilities which offer academic instruction to individuals or groups.
Live/work. An integrated housing unit and working space occupied and utilized by a single household in a structure designed or structurally modified to accommodate joint residential occupancy and work activity.
Lodging.
Bed and breakfast inn. A home occupation in an owner-occupied residence in which transitory lodging and breakfast is provided to guests for compensation.
Boarding house. A dwelling unit, other than a hotel, bed and breakfast, or condominium hotel, used in whole or in part to provide short-term or long-term lodging for compensation under multiple separate written or oral agreements.
Hotel. An establishment with two or more rooms or suites that are used to provide overnight or extended-stay lodging to transient patrons.
Short-term rental. The rental of any residential structure or any portion of any residential structure for occupancy for dwelling, lodging, or sleeping purposes for 30 or fewer consecutive calendar days.
Low Barrier Navigation Center. A housing first, low-barrier, service-enriched shelter focused on moving people into permanent housing that provides temporary living facilities while case managers connect individuals experiencing homelessness to income, public benefits, health services, shelter and housing. (See Government Code Section 65660.)
Maker’s space. A workspace for an artist or artisan or for a group of artists or artisans practicing an applied art or craft, including but not limited to candle-making, pottery and ceramics (no kiln allowed), jewelry, or multi-media, with incidental retail sales of items produced on the premises. Uses in a maker’s space typically do not produce significant odors, fumes, noise, or other disturbances.
Manufacturing, packaging, and processing. An establishment engaged in the production, processing, packaging, or manufacturing of food or beverage products and where instruction, direct sales, tasting, or on-site consumption are incidental to the food or beverage production activity. This classification excludes wineries and the slaughtering of animals which is not allowed.
Micro-brewery. An establishment engaged in the small-scale and independent manufacturing that produces 15,000 barrels or less of specialty or craft beer per year. A small tasting room or bar for Agenda Item #6.1.
Part V: Definitions and Rules of Measurement
October 2022 Public Review Draft | St. Helena Zoning Code | Part V, Page 31 visiting consumers is allowed on site although a minimum of 75 percent of the beer produced must be sold in off-site locations through any one of the following ways:
1. Wholesale, i.e. the brewer sells to a wholesaler who in turn sells to a retailer or the brewer acts as a wholesaler and sells directly to a retailer;
2. Direct sales, i.e. the brewer sells directly to the consumer via carry-outs or sales from an onsite taproom or restaurant.
Mining.
Gravel mining operations. A facility engaging in the extracting, producing, handling, milling or other processing of gravel.
Mining and quarrying of nonmetallic minerals. A facility engaging in the extracting, producing, handling, milling or other processing of nonmetallic minerals.
Mobilehome. As defined in § 18008 of the Health and Safety Code or manufactured home as defined in § 18007 of the Health and Safety Code, a movable dwelling constructed on a chassis, designed for use without a permanent foundation, and designed to be connected to utilities. Excludes manufactured modular housing designed to be placed on a permanent foundation and recreational vehicles, recreational vehicles as defined in § 799.24 of the Civil Code and § 18010 of the Health and Safety Code, commercial coaches, and or factory-built housing, as defined in § 19971 of the Health and Safety Code.
Model home sales office. A dwelling temporarily used as a sales office for on-site sales for a residential development under construction.
Multi-family dwelling. Two or more attached dwelling units on a single lot. Types of multi-family dwellings include duplexes, townhouses and apartment buildings.
Office.
Business, professional, and technology. An office of a firm, organization, or agency providing professional, executive, management, or administrative services, such as accounting, architectural, computer software design, engineering, graphic design, interior design, legal, and tax preparation.
Medical and dental. An office providing consultation, diagnosis, therapeutic, preventive, or corrective personal-treatment services by doctors or dentists; medical and dental laboratories that see patients; licensed acupuncturists; and similar practitioners of medical and healing arts for humans licensed by the State of California. Incidental medical and/or dental research within the office is considered part of the office use if it supports the on-site patient services.
Walk-in clientele. An office providing direct services to patrons or clients without prior appointments. This use classification includes employment agencies, insurance agent offices, real estate offices, travel agencies, utility company offices, and offices for elected officials. It does not include banks or check-cashing facilities, which are separately classified and regulated (see Bank or Financial Institution).
Wholesale office. An office of a wholesale firm excluding storage or on-site shipping and receiving of products.
Winery office (off-site). An office performing off-site administrative functions for a winery.
Agenda Item #6.1.
Part V: Definitions and Rules of Measurement
Part V, Page 32 | St. Helena Zoning Code | October 2022 Public Review Draft On-site storage facilities. The indoor or outdoor storage of any materials, products, or equipment on the premises.
Outdoor dining. An area set up outside the confines of a commercial structure with tables, chairs, and other furnishings for the purpose of offering seating to patrons while selling, offering for sale, and serving food and beverages by an adjoining restaurant in which the same food and beverages are offered for sale, sold, and served.
Outdoor display and sales. The display or sale of any materials, products, or equipment outside of a building.
Parking facility. A surface lot or structure with five or more parking spaces situated contiguous to one another or in close proximity, providing parking as the primary use of a site, typically for a fee.
Excludes parking provided incidental to another on-site activity.
Personal services.
Hair salon/Nail salon/Spa. A service establishment that offers hairstyling, manicuring, spa treatments, or similar services. May include retail sales.
Dry cleaners, drop-off, and pick-up. A facility operated for the primary purpose of dry cleaning clothing and other fabrics utilizing a process that involves the use of dry cleaning solvents. May include tailoring.
Laundromat, self-service. A self-serve clothes washing establishment containing one or more washers and drying, ironing, finishing, or other incidental equipment.
Massage establishment. An establishment having a fixed place of business where any person engages in or carries on any method of pressure on or friction against, or stroking, kneading, rubbing, tapping, pounding, vibrating, or stimulating of the external parts of the body with the hands or with the aid of any mechanical electrical apparatus or appliances with or without such supplementary aids as rubbing alcohol, liniments, antiseptics, oils, powder, creams, lotions, ointments, or other similar preparations commonly used in this practice. Such establishment shall have health enhancement as part of its purpose. Exempted from this definition are massage therapists operating in conjunction with and on the same premises as a physician, surgeon, chiropractor, osteopath, nurse or any physical therapist (State-licensed professions or vocations) who are duly State-licensed to practice their respective professions in the State of California.
Tanning salon. A commercial establishment where patrons can expose themselves to ultraviolet light to darken their skin.
Tattoo and piercing. An establishment whose principal business activity is one or more of the following: (1) using ink or other substances that result in the permanent coloration of the skin using needles or other instruments designed to contact or puncture the skin; or (2) creation of an opening in the body of a person for the purpose of inserting jewelry or other decoration.
Processing of agricultural products primarily produced on the premises. A facility engaging in the processing of crops primarily grown on-site, excluding Large Wineries.
Agenda Item #6.1.