St. Helena City Council
November 16, 2022

Part III: District Regulations
October 2022 Public Review Draft | St. Helena Zoning Code | Part III, Page 37 Table 17.18.020: Use Regulations – Business and Industrial Zoning Districts Use Classification BPO I Additional Regulations
“P” = Permitted; “MUP” = Minor Use Permit; “CUP” = Conditional Use Permit; “―” = Use Not Allowed Personal services
Massage establishment P ―
Retail
Building materials and supply P
Firearm sales ― MUP
Health care equipment P ―
Saddle and equestrian store and
repair ― P
Reupholstery and furniture repair ― P
Industrial Uses
Commercial laundry ― P
Construction and material yard ― P4
Contractor shop ― P
Contractors' office and showroom,
excluding storage yard P ―
Contractors’ yard ― P
Crop service ― P
Custom and artisan manufacturing MUP MUP
Dry cleaning facility ― P
Fuel storage ― CUP
Industrial, general ― MUP4
Manufacturing, packaging, and
processing ― CUP
Micro-brewery ― CUP See Sec. 17.22.050, Alcoholic
Beverage Sales
Research and development CUP P/CUP5
Storage, personal ― CUP
Tanks for storage ― CUP
Warehousing, wholesale, and
distribution ― P4
Wine warehousing ― CUP
Transportation, Communications, and Utilities
Communication facilities
Agenda Item #9.1.

Part III: District Regulations
Part III, Page 38 | St. Helena Zoning Code | October 2022 Public Review Draft Table 17.18.020: Use Regulations – Business and Industrial Zoning Districts Use Classification BPO I Additional Regulations
“P” = Permitted; “MUP” = Minor Use Permit; “CUP” = Conditional Use Permit; “―” = Use Not Allowed Audio/video recording studio ― P
Telecommunications Sec. 17.22.270, Wireless Telecommunications Facilities Emergency services ― CUP6
Public services, major (City facilities
only) P P
Public services, major CUP CUP
Public services, minor (City facilities
only) P P
Public services, minor MUP MUP
Solar energy systems Sec. 17.22.250, Solar Energy Systems Transit stations and terminals ― CUP
Agriculture and Extractive Uses
Mining and quarrying of nonmetallic
minerals ― CUP7
Wineries, large ― CUP8
Public/Institutional Uses
Colleges and trade schools CUP ―
Community assembly CUP ―
Day care facility
Seven or more persons CUP ―
Six or fewer persons MUP ―
Government offices CUP CUP
Hospitals and clinics P ―
Instructional Services ― P
Low barrier navigation center P ―
Parking facilities CUP ―
Schools CUP ―
Accessory Uses – See also Sec. 17.22.020, Accessory Uses Accessory dwelling unit Sec. 17.22.040, Accessory Dwelling Units Beekeeping P Sec. 17.22.070, Beekeeping
Caretaker residence9 ― MUP
Agenda Item #9.1.

Part III: District Regulations
October 2022 Public Review Draft | St. Helena Zoning Code | Part III, Page 39 Table 17.18.020: Use Regulations – Business and Industrial Zoning Districts Use Classification BPO I Additional Regulations
“P” = Permitted; “MUP” = Minor Use Permit; “CUP” = Conditional Use Permit; “―” = Use Not Allowed Cottage food operations P ― Sec. 17.22.110, Cottage Food Operations
Family day care, large CUP ―
Family day care, small P ―
On-site storage facilities CUP CUP
Small recycling facility MUP MUP Sec. 17.22.220, Small Recycling Facilities
Notes:
1 Permitted on upper floors only.
2 Storage or on-site shipping and receiving of products not permitted. 3 CUP required for nonpublic wine tasting, offered to wine distributors and wine merchants only. No public sales or tasting allowed.
4 CUP required where adjacent to property zoned residential or an existing residential use. 5 A CUP is required when uses involve the use of hazardous substances. 6 May include cooking and sleeping facilities for employees on duty only. 7 Subject to the provisions of the Surface Mining and Reclamation Act of 1975 (§§ 2710 et seq. of the Public Resources Code).
8 Retail sales and tasting not permitted.
9 Residence must be occupied by employees and their immediate families, employed for the purpose of onsite management, maintenance, or upkeep. Temporary business guests and employees on temporary assignment are also allowed to reside in the unit.

Agenda Item #9.1.

Part III: District Regulations
Part III, Page 40 | St. Helena Zoning Code | October 2022 Public Review Draft

17.18.030 Development Standards
Table 17.18.030, Development Standards – Business and Industrial Zoning Districts establishes the development standards for the Business and Professional Office and the Industrial Zoning Districts. The numbers in each illustration refer to corresponding regulations in the table.

Table 17.18.030: Development Standards – Business and Industrial Zoning Districts Standard BPO I Key
Density/Intensity
Density Max. 20 du/ac n/a
FAR Max. 0.50
Max. 0.50 for uses
including < 90%
warehousing; Max. 0.60
for uses including ≥90%
warehousing.

Lot Size
Min. Lot Area 7,000 sq ft 20,000 sq ft
Min. Lot Width none 100 ft ❼
Height
Principal Structure 30 ft; no roof pitch must
be less than 4:12
45 ft; 35 ft within 100
feet of a residential, A20, or W district
Setbacks
Min. Front Setback 20 ft 25 ft from any street or
public right-of-way;
35 ft from a residential,
A-20, or W district
❶
Min. Street Side Setback 10 ft ❷
Min. Interior Side Setback 10 ft ❸
Agenda Item #9.1.

Part III: District Regulations
October 2022 Public Review Draft | St. Helena Zoning Code | Part III, Page 41 Table 17.18.030: Development Standards – Business and Industrial Zoning Districts Standard BPO I Key
Min. Rear Setback 15 ft ❹
Min. Setback from Abutting Waterway Min. 50 ft from top of bank of Napa River; min. 20 ft from top of bank of all other waterways. ❺
Landscaping and Open Space
Private Open Space for Multi-Family
Development Min. 80 sq ft per unit n/a
Min. Dimension for Private Open Space 6 ft n/a ❻
Landscaped Area1 Min. 15% of lot area. Min. 10% of lot area.

Required Buffer Abutting Agricultural Use
and Residential Uses
A landscaped buffer min. 15 ft width with street trees
at 30 ft on center
Notes:
1 Landscaped setback areas count toward this requirement.

17.18.040 Design Standards
A. General Standards. All development is subject to the provisions of Part IV, Citywide Standards).

B. Residential-Mixed-Use Buildings. Buildings where a minimum of two-thirds of the floor area of the building is residential must meet the requirements of Section 17.16.040, Design Standards for, as well as those in this Section 17.18.040. In the event of a conflict between the standards of these two Sections, the most restrictive shall apply.

C. Design Standards in the BPO District.

1. Building Design. Building design must emphasize active frontages and establish a connection to the right-of-way street.
a. Frontages must feature at least one entry.
b. Buildings more than 50 feet in length along a right-of-way must incorporate at least one recessed entry with a minimum depth of six feet from the front façade.

2. Building Facades Visible from a Public Street. Horizontal articulation must include an eave, awning, overhang, a differentiated building base, or other architectural element that articulated the building facade.

3. Front and Street Side Setback Improvements. Where front or street side setbacks are provided, these areas must be improved with planters, paving, low walls, climbing vines, outdoor dining/seating areas, or other features that:
a. Visually distinguish parking areas from pedestrian areas; b. Emphasize the building entrance and any on-site open space; and c. Frame the buildings ground-level windows.

Agenda Item #9.1.

Part III: District Regulations
Part III, Page 42 | St. Helena Zoning Code | October 2022 Public Review Draft

4. Fencing. No fence in the front setback may exceed three feet in height. All other fencing outside the front setback may not exceed six feet in height.

5. Trash Enclosures. Trash enclosures must be covered; illuminated for nighttime security and use; and consistent in design with that of the primary structure.

6. Parking. Parking spaces may be paved with all-weather pervious materials, but travelways must be of concrete or asphalt.

D. Design Standards in the I District.

1. Building Design. Buildings more than 50 feet in length along a right-of-way must incorporate at least one recessed entry with a minimum depth of six feet from the front façade.

2. Building Facades Visible from a Public Street. Horizontal articulation must include an eave, awning, overhang, a differentiated building base, or other architectural element that articulated the building facade.

3. Front and Street Side Setback Improvements. Where front or street side setbacks are provided, these areas must:
a. Visually distinguish parking areas from pedestrian areas; b. Emphasize the building entrance and any on-site open space; and c. Frame the building’s ground-level windows.

4. Required Screening abutting a Non-Industrial District. a. Abutting all Residential Districts. Where abutting a residential district, an eight-foot opaque, landscaped, soundproofed wall is required. b. Abutting all Non-Industrial and Non-Residential Districts. Where abutting a non-industrial or non-residential district, an eight-foot opaque landscaped fence or wall is required. The eight-foot screening element need not be located on the property line.

5. Landscaped Buffer. In addition to the requirements of Table 17.18.030: Development Standards – Business and Industrial Zoning Districts, landscape requirements for buffer areas are as follows:
a. A landscaped buffer at least 25 feet in width with street trees at 30 ft on center is required along all street frontages.
b. Trees shall be at least 15-gallon size at time of planting; and c. Ground cover must be installed under trees and maintained in accordance with approved plans.

Agenda Item #9.1.

Part III: District Regulations
October 2022 Public Review Draft | St. Helena Zoning Code | Part III, Page 43 Figure 17.18.040.A, Landscape Buffer

6. Fencing. No fence in the front setback may exceed three feet in height. All other fencing outside front setback may not exceed eight feet in height. a. An eight-foot opaque landscaped fence or wall (side/rear setback) is required where abutting a non-industrial zone. If a residential zone abuts the property

6.b applies;
b. An eight-foot opaque, landscaped, soundproofed wall is required where abutting a residential zone.

7. Parking and Loading.
a. Off-street parking is not permitted in the required front setback. If a property is located in the Highway 29 Specific Plan area, the parking site design must comply with the standards of the Specific Plan if more restrictive. b. Parking spaces may be paved with all-weather dust-free pervious materials, but travelways must be of concrete or asphalt.
c. No loading/unloading may be conducted in a public right-of-way. d. There must be at least one off-street loading space per use. Additional loading dock and truck standing requirements must be based on proposed uses and must ensure that trucks will not block traffic or obstruct on-street parking spaces. Additional requirements may be specified as a condition of a Conditional Use Permit.

8. Trash Enclosures. Trash enclosures must be covered and illuminated for nighttime security and use.

Agenda Item #9.1.

Part III: District Regulations
Part III, Page 44 | St. Helena Zoning Code | October 2022 Public Review Draft

9. Other Standards.
a. An interior fire sprinkler system approved by the Chief Building Official must be installed in all buildings.
b. One-hour minimum fire-resistant construction on all exterior walls within 10 feet of all property lines must be installed. Fire resistant construction of interior walls shall be determined by type of occupancy and approved by the Chief Building Official.
c. Low flow (water restricting) plumbing devices shall be installed.

Agenda Item #9.1.

Part III: District Regulations
October 2022 Public Review Draft | St. Helena Zoning Code | Part III, Page 45 Chapter 17.19 Community Agricultural and Natural Resource Districts

17.19.010 Purpose and Applicability
This Chapter protects existing resources while providing for a range of agricultural, residential, and community uses within the City’s agricultural and natural resource areas. This Chapter establishes use regulations, development standards, and design standards for the Twenty-Acre Agriculture, Winery, and Woodlands and Watershed Zoning Districts as follows:

Twenty-Acre Agriculture (A-20). The A-20 Zone is intended to provide for agricultural and residential uses. The purpose of the A-20 District is to preserve agricultural land uses and provide for future orderly development as the urban limit line is adjusted to accommodate urban growth. This Zone restricts the density of residential use and stipulates the location and area of residential development to promote preservation of agricultural land use and reduce impacts to the provision of infrastructure as the urban area of the City expands. This Zone implements the Agriculture General Plan Land Use Designation.

Winery (W). The W Zone is intended to provide for winery and winery-related uses within the agriculture general plan land use designation. This Zone implements the Agriculture General Plan Land Use Designation.

Woodlands and Watershed (WW). The WW Zone is intended to allow residential development that is sensitive to the land and its varying capability for development. Development in the WW Zone carefully considers the community-wide implications of natural conditions and minimizes impacts on natural conditions. This Zone implements the Woodlands and Watershed General Plan Land Use Designation.

17.19.020 Use Regulations
Table 17.19.020, Use Regulations – Community Agriculture and Natural Resource Zoning Districts lists the uses permitted, permitted with a Minor Use Permit, and permitted with a Conditional Use Permit granted at a public hearing. The right-hand column provides references to additional regulations beyond those of the base zone development and design standards.

Table 17.19.020: Use Regulations – Community Agriculture and Natural Resource Zoning Districts Use Classification A-20 W WW Additional Regulations
“P” = Permitted; “MUP” = Minor Use Permit; “CUP” = Conditional Use Permit; “―” = Use Not Allowed Residential Uses
Agricultural employee housing P/CUP1 P/CUP1 ―
Single-family dwelling P2 P2 P2
Commercial Uses
Animal care and service
Animal boarding facility/kennel CUP ― ―
Agenda Item #9.1.

Part III: District Regulations
Part III, Page 46 | St. Helena Zoning Code | October 2022 Public Review Draft Table 17.19.020: Use Regulations – Community Agriculture and Natural Resource Zoning Districts Use Classification A-20 W WW Additional Regulations
“P” = Permitted; “MUP” = Minor Use Permit; “CUP” = Conditional Use Permit; “―” = Use Not Allowed Veterinary clinic CUP ― ―
Industrial Uses
Manufacturing, packaging and
processing ― CUP ―
Tanks associated with winery
uses ― CUP ―
Warehousing, Wholesale, and
Distribution
― CUP ―
Wine warehousing ― CUP ―
Transportation, Communications, and Utilities
Public services, minor MUP MUP MUP
Solar energy systems Sec. 17.22.250, Solar Energy Systems Telecommunication Sec. 17.22.270, Wireless Telecommunications Facilities Agricultural and Extractive Uses
Animal husbandry P/CUP4 ― P5
Community garden P P P Sec. 17.22.100, Community
Garden
Cultivated agriculture P/CUP6 P/CUP6 P/CUP6
Processing of agricultural
products primarily produced on
the premises
CUP CUP ―
Wineries, large ― CUP ―
Accessory Uses – See also Sec. 17.22.020, Accessory Uses Accessory dwelling unit Sec. 17.22.040, Accessory Dwelling Units Animal keeping P P P Sec. 17.22.060, Animal
Keeping
Beekeeping P P P Sec. 17.22.070, Beekeeping
Cottage food operations P P P Sec. 17.22.110, Cottage
Food Operations
Garages, carports, workshops,
pool houses, gazebos, patio
covers, and other accessory
buildings and structures
P7 P CUP Sec. 17.22.030, Accessory
Buildings and Structures
Family day care, large CUP CUP CUP
Agenda Item #9.1.

Part III: District Regulations
October 2022 Public Review Draft | St. Helena Zoning Code | Part III, Page 47 Table 17.19.020: Use Regulations – Community Agriculture and Natural Resource Zoning Districts Use Classification A-20 W WW Additional Regulations
“P” = Permitted; “MUP” = Minor Use Permit; “CUP” = Conditional Use Permit; “―” = Use Not Allowed Family day care, small P P P
Home occupations P ― CUP Sec. 17.22.130, Home
Occupations
Roadside stands CUP P/CUP3 ―
Swimming pools P P P
Tasting room affiliated with small
winery CUP CUP CUP
Winery event center ― CUP ―
Winery, small CUP CUP ― Sec. 17.22.230, Small
Wineries
Winery visitor center ― CUP ―
Uses accessory to a winery
enclosed within a building (e.g.,
offices, laboratories, equipment
maintenance shops, employees'
eating facilities, cooperage repair
shops, wine storage tanks, scales,
and boiler rooms)
― P ―
Uses and equipment accessory to
a winery located outdoors ― CUP8 ―
Notes:
1 Up to 36 beds in group quarters or 12 units or spaces designed for use by a single-family or household pursuant to CA Health and Safety Code §§ 17021.6 are permitted. Otherwise, a CUP is required. 2 On parcels over two acres in size, the single-family dwelling must be accessory to an agricultural use. 3 CUP is required where stand exceeds 200 square feet.
4 Hog farms, dairies, commercial poultry farms, and egg ranches require a CUP. 5 Horses and cattle are not permitted.
6 CUP required for new uses within 30 feet of Napa River, York Creek, Sulphur Springs Creek and for new uses within Flood Plain Overlay (see Sec. 17.21.010, Flood Plain Overlay). 7 Plumbing and cooking facilities are not permitted.
8 Any outdoor winery equipment or improvements proposed to be located within 400 feet of any R Zone or within 200 feet of State Highway 29, the Silverado Trail or Deer Park Road requires a CUP.

Agenda Item #9.1.

Part III: District Regulations
Part III, Page 48 | St. Helena Zoning Code | October 2022 Public Review Draft

17.19.030 Development Standards
Table 17.19.030, Development Standards – Community Agriculture and Natural Resource Zoning Districts establishes the development standards for the Twenty-Acre Agriculture, Winery, and Woodlands and Watershed Zoning Districts. The numbers in each illustration refer to corresponding regulations in the table.

Table 17.19.030: Development Standards – Community Agriculture and Natural Resource Zoning Districts
Standard A-20 lots < 2
acres
A-20 lots ≥ 2
acres
W WW Key
Density Max. 1 du/ac Max. 1 unit/5
acres1
Max. 1 unit per
parcel1
Max. 1 unit per
parcel1
Lot Size
Lot Area Min. 1.0 acre2 Min. 20 acres Min. 20 acres 5 - 40 acres Lot Width Min. 70 ft No min. Min. 300 ft 20 - 200 ft ❺
Max. Lot Coverage
(includes accessory
structures)
35% 0.5 acre nonagricultural3 50%
10% or 20,000 sq
ft, whichever is
less
Max. Ground Level
Floor Area (excludes
accessory structures)
4,500 sq ft 4,500 sq ft none none ❻
Agenda Item #9.1.

Part III: District Regulations
October 2022 Public Review Draft | St. Helena Zoning Code | Part III, Page 49 Table 17.19.030: Development Standards – Community Agriculture and Natural Resource Zoning Districts
Standard A-20 lots < 2
acres
A-20 lots ≥ 2
acres
W WW Key
Max. Second Story
Floor Area none
35% of the
ground floor area none none
Height
Principal Structure Max. 30 ft/2
stories Max. 30 ft Max. 45 ft Max. 35 ft above natural grade Accessory
Structure Max. 16 ft none none none
Setbacks
Front Setback
Min. 20 ft for
structures ≤25 ft;
min. 30 ft for
structures >25 ft
Min. 50 ft,
measured from
the centerline of
abutting street
Min. 100 ft
20-50 ft or 10% of
lot depth,
whichever is
lesser
❶
Street Side Setback
Min. 20 ft for
structures ≤25 ft;
min. 30 ft for
structures >25 ft
Min. 50 ft,
measured from
the centerline of
abutting street
Min. 50 ft
20-50 ft or 10% of
lot width,
whichever is
lesser
❷
Interior Side
Setback
Min. 10 ft for
structures ≤25 ft;
min. 15 ft for
structures >25 ft
Min. 20 ft Min. 50 ft
20-50 ft or 10% of
lot width,
whichever is
lesser
❸
Rear Setback
Min. 20 ft for
structures ≤25 ft;
min. 30 ft for
structures >25 ft
Min. 20 ft Min. 75 ft
20-50 ft or 10% of
lot depth,
whichever is
lesser
❹
Min. Setback from
Abutting
Waterway
Min. 50 ft from top of bank of Napa River; min. 20 ft from top of bank of all other waterways.

Landscape and Open Space
Max. Paved/
Hardscaped Area
25% of front
setback area 0.5 acre3 none none
Min. Landscaped
Area4 40% of lot area none none none
Required Buffer
Abutting
Agricultural Use
A landscaped
buffer min. 15 ft
width with street
trees at 30 ft on
center
none none none
Agenda Item #9.1.

Part III: District Regulations
Part III, Page 50 | St. Helena Zoning Code | October 2022 Public Review Draft Table 17.19.030: Development Standards – Community Agriculture and Natural Resource Zoning Districts
Standard A-20 lots < 2
acres
A-20 lots ≥ 2
acres
W WW Key
Notes:
1 Density excludes agriculture employee housing.
2 Parcels created by lot line adjustments may be < 1 acre provided the number of parcels does not increase and that no lots are < 7,000 sf.
3 No more than one half acre of any one parcel may be removed from potential, historical, or actual agricultural use or animal husbandry use. All structures, driveways, parking areas, patios, lawn or other nonagricultural uses are included in the half acre maximum per parcel. 4 Landscaped setbacks areas count toward this requirement.

17.19.040 Supplemental Standards
A. General Standards. All development is subject to the provisions of Part IV, Citywide Standards.

B. Design in the A-20 Districts.

1. Residential Design Standards. All residential development is subject to the standards of Section 17.16.040.A, Design Standards for All Residential Development Types.

2. Accessory Buildings in the A-20 District. Barns, stables, chicken houses and similar accessory buildings must be placed not less than 50 feet from a street, nor less than 50 feet from any dwelling on an adjacent parcel or R District boundary line.

Figure 17.19.040.A, Accessory Buildings in the A-20 District C. Development in the W District.

1. All wine storage tanks and surface winery waste treatment facilities shall be subject to the standards in Table 17.19.030, Development Standards – Community Agriculture and Natural Resource Zoning.

Agenda Item #9.1.

Part III: District Regulations
October 2022 Public Review Draft | St. Helena Zoning Code | Part III, Page 51

2. No use authorized under the provisions of this Chapter shall be permitted where use, occupancy or patronage will exceed the capability of the site to provide off-street parking, waste disposal system and reasonable provisions for public safety.

3. Retail sales and food and drink facilities must be integrated with a visitor center, and no advertising or other exterior evidence of such use shall be visible from any public right-of-way.

4. Winery operations shall generate sound levels no greater than 55 decibels at any property line more than 10 percent of the time (L 10). “L 10" is the noise level at the property line that is exceeded 10 percent of the operating time.

5. Winery operations shall generate no discernible odors of sewerage or putrefying organic material origin, other than normal fermentation odors, at the property lines.

6. Bottling, warehousing and retail sales activities shall be conducted within structures specifically designated for such uses.

D. Development in the WW District.

1. All clearing and earthmoving must be conducted in compliance with an erosion control plan as prepared by a registered Civil Engineer and approved by the City Engineer.

2. No disturbance of definite or suspected landslides or soil creep areas is permitted, as identified on maps produced by United States Geological Survey (USGS) or on any other more detailed study prepared by properly credentialed professionals and reviewed by the City’s Geotechnical Consultant.

3. No disturbance of, or development within, riparian areas within 100 feet of intermittent or perennial streams noted on USGS maps is permitted.

4. No earth movement on slopes in excess of 30 percent is permitted. An exception may be granted by the City Engineer for minor trenching and backfilling for the installation of utilities and for temporary, nongraded access for construction purposes where no trees or substantial vegetation will be removed and where the surface will be recontoured to previous condition and revegetated according to the erosion control plan. Applications for an exception must include submittal of a construction plan for the equipment to be installed, a plan for the maintenance of that equipment, a soils and slope stability analysis prepared by a Geotechnical Engineer, an erosion control plan pursuant to subsection D.1, and a revegetation plan, utilizing native plant species, for the area that will be disturbed by the earth movement. Prior to granting an exception, the City Engineer must find that the project does not have potential for creating significant erosion problems. A performance bond must be required and held by the City for one year after completion of the project to ensure that the recontouring and revegetation were properly installed.

5. No buildings (other than water tanks, which must be screened) maybe constructed within 100 feet of the primary ridgeline on any parcel. The intent of this Section is to reduce the visual impact of buildings that would obscure public views of the most prominent ridgeline on each property, without precluding the opportunity of the property owner to site a building that could attain a view. In implementing this Section, the Planning Commission must adopt a finding that the approved plan balances the Agenda Item #9.1.

Part III: District Regulations
Part III, Page 52 | St. Helena Zoning Code | October 2022 Public Review Draft owner’s interest in attaining a view against the City’s interest in preventing the obstruction of scenic views.

6. Water and sewer systems will be constructed and maintained, at the applicant’s expense, to meet such standard as may be adopted by ordinance of the City Council, or in the absence of such to the satisfaction of the City Engineer. If individual and/or private water and/or sewage systems are proposed, prior approval must be obtained from the Napa County department of environmental management.

7. The fuel loading within 50 feet of the building or building envelope must be maintained at a level not to exceed such standard as may be adopted by the City Council.

8. New roads/common drives/driveways must be maintained so as to guarantee all of the following:
a. Safe two-way year-round passage of emergency vehicles, as defined in St.

Helena Access Road Standards, as adopted by the City Council. b. Erosion from road cuts/fills must not exceed such standard as specified in an erosion control plan approved by Napa County Resource Conservation District, pursuant to ordinance adopted by the City Council, or in the absence of such, to the satisfaction of the City Engineer.
c. Dust creation must be minimized and must not exceed such standard as may be adopted by ordinance of the City Council.
d. Earth movement must not obstruct or obliterate circulation improvements. e. Grading must occur between April 1st and October 15th unless approved otherwise by the City Engineer.

9. Emergency vehicle access must be constructed and maintained, at the applicant’s expense, to allow interconnection with nearby roads.

10. Roofing materials must be noncombustible. See the Fire Code for sprinkler and water supply requirements.

Agenda Item #9.1.

Part III: District Regulations
October 2022 Public Review Draft | St. Helena Zoning Code | Part III, Page 53 Chapter 17.20 Public and Open Space Districts

17.20.010 Purpose and Applicability
This Chapter provides civic spaces throughout the City to properly serve the needs of residents and provide open space for reaction to and conserve natural habitats. This Chapter establishes use regulations, development standards, and design standards for the Public and Quasi-Public, Parks and Recreation, and Open Space Zoning Districts as follows:

Public and Quasi-Public (PQP). The PQP Zone is intended to provide for government-owned facilities, public and private schools and quasi-public uses such as churches and cemeteries, government buildings, utilities, libraries, public schools, cemeteries and emergency transportation service. This Zone implements the Public/Quasi-Public General Plan Land Use Designation.

Parks and Recreation (PR). The PR Zone is intended to provide for public parklands primarily designed for public recreation. It is applied to existing public parks, as well as passive open spaces.

This Zone implements the Parks and Recreation General Plan Land Use Designation.

Open Space (OS). The OS Zone is intended to provide for natural open space areas that are devoted to the preservation of natural resources, the managed production of resources, outdoor recreation or public health and safety. Areas designated for open space are all associated with stream corridors that pass through or adjacent to the City including the Napa River, Sulphur Springs Creek, York Creek and Spring Creek. This Zone implements the Open Space General Plan Land Use Designation.

17.20.020 Use Regulations
Table 17.20.020, Use Regulations – Public and Open Space Zoning Districts lists the uses permitted, permitted with a Minor Use Permit granted by a staff-level review, and permitted with a Conditional Use Permit granted at a public hearing. The right-hand column provides references to additional regulations beyond those of the base zone development and design standards.

Table 17.20.020: Use Regulations – Public and Open Space Zoning Districts Use Classification PQP PR OS Additional Regulations
“P” = Permitted; “MUP” = Minor Use Permit; “CUP” = Conditional Use Permit; “―” = Use Not Allowed Residential Uses
Caretaker residence ― MUP1 ―
Commercial Uses
Funeral homes and mortuaries CUP ― ―
Transportation, Communications and Utilities
Helipad CUP ― ―
Public services, major CUP ― ―
Public services, minor MUP MUP MUP
Solar energy systems Sec. 17.22.240, Solar Energy Systems Agenda Item #9.1.

Part III: District Regulations
Part III, Page 54 | St. Helena Zoning Code | October 2022 Public Review Draft Table 17.20.020: Use Regulations – Public and Open Space Zoning Districts Use Classification PQP PR OS Additional Regulations
“P” = Permitted; “MUP” = Minor Use Permit; “CUP” = Conditional Use Permit; “―” = Use Not Allowed Telecommunication Sec. 17.22.270, Wireless Telecommunications Facilities Agricultural and Extractive Uses
Community garden CUP CUP ― Sec. 17.22.100, Community
Garden
Gravel mining operations2 ― ― CUP
Public/Institutional Uses
Amphitheater CUP CUP ―
Cemeteries CUP ― ―
Colleges and trade schools CUP ― ―
Community assembly CUP ― ―
Cultural institution and museum CUP CUP ―
Government offices CUP ―
Recreational facilities, active ― CUP ―
Recreational facilities, passive ― P CUP
Schools CUP CUP ―
Wildlife sanctuaries ― P P
Accessory Uses – See also Sec. 17.22.020, Accessory Uses Beekeeping P P P Sec. 17.22.070, Beekeeping
Notes:
1 Residence must be occupied by employees and their immediate families, employed for the purpose of onsite management, maintenance, or upkeep. Temporary business guests and employees on temporary assignment are also allowed to reside in the unit.
2 Provided such operations were approved by the City prior to October 1, 1993 and are productive and economically viable.

Agenda Item #9.1.

Part III: District Regulations
October 2022 Public Review Draft | St. Helena Zoning Code | Part III, Page 55

17.20.030 Development Standards
Table 17.20.030, Development Standards – Public and Open Space Zoning Districts establishes the development standards for the Public and Open Space Zoning Districts. The numbers in each illustration refer to corresponding regulations in the table.

Table 17.20.030: DEVELOPMENT STANDARDS –Public and Open Space Zoning Districts Standard PQP PR OS Key
Floor Area Ratio 0.15-0.5 None None
Max. Lot Coverage 50% 50%
10% or 20,000
sq ft, whichever
is less
Max. Building Height 30 ft 30 ft 30 ft
Setbacks
Front Setback 15 ft 75 ft 35 ft ❶
Min. Street Side Setback 10 ft 50 ft 20 ft ❷
Min. Interior Side Setback 10 ft 50 ft 10 ft ❸
Min. Rear Setback 15 ft 75 ft 40 ft ❹
Min. Setback from Abutting Waterway
Min. 50 ft from top of bank of Napa River; min. 20 ft
from top of bank of all other waterways.

17.20.040 Supplemental Standards
A. General Standards. All development is subject to the provisions of Part IV, Citywide Standards.

B. Trash Enclosures. Unless specifically waived by the design review process, all projects must have a trash enclosure constructed of opaque materials and sufficiently sized to permit the Agenda Item #9.1.

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Part III, Page 56 | St. Helena Zoning Code | October 2022 Public Review Draft storage, removal and replacement of standard commercial-size trash bins. No collection, storage or stacking of garbage, trash and refuse is permitted outside the trash enclosure. This requirement does not preclude the placement of individual trash containers on the parcel.

C. Development in the OS District. Limited development is permitted on open spacedesignated parcels along Sulphur Springs Creek west of the Crane Avenue Bridge. The development potential of open space-designated parcels will be determined in accordance with standards governing parcels designated agriculture in the general plan and Zoned A-20.

All development must be outside the stream corridor and structures must be setback from the creek’s edge consistent with the base standards, the Flood Plain Overlay District, and the California Department of Fish and Game standards.

Agenda Item #9.1.

Part III: District Regulations
October 2022 Public Review Draft | St. Helena Zoning Code | Part III, Page 57 Chapter 17.21 Overlay Districts
Overlay districts are intended to provide for the regulation of properties with special or unique conditions and establish regulations which shall be in addition to those of the base district. The Overlay designations set forth in this Title are as follows:

Table 17.21.A: Overlay Zoning Districts
Abbreviation Name
FP Flood Plain Overlay
MHP Mobile Home Park Overlay
PED Parking Exemption District
HP Historic Preservation Overlay
PD Planned Development Overlay

17.21.010 Flood Plain Overlay (FP)
A. Purpose. This Section identifies and designates areas subject to flooding and to provide protection against flood damage for uses and service facilities in these areas by requiring proper design at the time of initial construction. In any zoning district which is combined with an FP Overlay District, the regulations of this Section must apply in addition to those specified for the zone. If any conflict in these regulations occurs with other provisions of this Title or any other ordinance or resolution of the City, the regulations of this Section govern.

B. Applicability. The provisions of this Section apply within any area designated as within the 100-year Flood Plain Overlay area as shown on Federal Emergency Management Agency (FEMA) maps and the General Plan Safety Element on file with the City’s Community Development Department.

C. Prohibited Uses. The following uses are prohibited within the Flood Plain Overlay District:
hospitals; health care facilities, emergency shelters; fire stations, telecommunication facilities, emergency command centers; and emergency communications facilities.

D. Buildings and Construction Requirements. New construction or replacement of existing construction is subject to the standards of St. Helena Municipal Code Chapter 15.52, Flood Damage Prevention.

E. Setback Standards: No development, grading, or agricultural planting shall encroach within the setback standards noted below, as measured from the top of the bank:

1. Napa River: 50 feet

2. Sulphur Springs Creek: 20 feet
F. Design Standards. The following standards apply to development within the Flood Plain Overlay District.

1. Utilities. New or replacement water supply systems and/or sanitary sewer systems must be designed to minimize or eliminate infiltration of flood waters into the systems Agenda Item #9.1.

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Part III, Page 58 | St. Helena Zoning Code | October 2022 Public Review Draft and discharges from the systems into flood waters. On-site waste disposal systems must be located to avoid impairment of water supply systems and/or sanitary sewer systems or contamination from them during flooding.

2. Riparian Area Protection. To minimize disturbance to the waterway and vegetation, on the edge of the applicable waterway setback the project applicant shall erect a minimum four-foot-high construction fence prior to the issuance of a grading permit.

The fence shall stay in place until a certificate of occupancy is issued.

G. Building Permits.

1. No person must commence, authorize, or cause to be commenced any erecting, constructing, enlarging, altering, repairing, improvising, moving or demolishing of any building or structure without first obtaining a separate building permit for each building or structure from the Chief Building Official.

2. All building permit applications for major repairs must be reviewed by the Chief Building Official to determine that the proposed repair:
a. Uses construction materials and utility equipment that are resistant to flood damage; and
b. Uses construction methods and practices that will minimize flood damage.

3. All building permit applications for new construction or substantial improvements must be reviewed by the Chief Building Official to assure that the proposed construction (including prefabricated and mobile homes):
a. Is protected against flood damage;
b. Is designed (or modified) and anchored to prevent flotation, collapse or lateral movement of the structure;
c. Uses construction materials and utility equipment that are resistant to flood damage; and
d. Uses construction methods and practices that will minimize flood damage.

4. Exemption. Building height within the Flood Plain Overlay District must be measured from the flood elevation rather than natural grade.

H. Subdivisions. All subdivision proposals and other proposed new developments must be reviewed by the City Engineer to assure that:

1. All such proposals are consistent with the need to minimize flood damage;

2. All public utilities and facilities, such as sewer, gas, electrical and water systems are located, elevated, and constructed to minimize or eliminate flood damage; and

3. Adequate drainage is provided so as to reduce exposure to flood hazards.

Agenda Item #9.1.

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October 2022 Public Review Draft | St. Helena Zoning Code | Part III, Page 59

17.21.020 Mobile Home Park Overlay (MHP)
A. Purpose. The Mobile Home Park Overlay District provides, when combined with an underlying Residential Zoning District, for the establishment and operation of mobile homes.

B. Zone Change and Conditional Use Permit Approval.

1. An application for a Zoning Map amendment (rezoning) to combine the MHP Overlay and a Residential Zoning District and for Conditional Use Permit approval for a mobile home park must be filed simultaneously with the Community Development Department. The Zoning Map amendment and the Conditional Use Permit will be considered simultaneously by the Approval Authority.

2. The application for the Conditional Use Permit must include, in addition to the requirements of Chapter 17.05, Planning Permits and Approvals, the following:
a. A site sketch indicating the location of the proposed park in relation to the surrounding area or region.
b. The park name, date, north point, scale, and sufficient boundaries to define the proposed acreage of the site.
c. The number of proposed mobile home spaces.
d. Names and addresses of record owner, engineer, or surveyor. e. Location, names, and present width and grades of adjacent or abutting streets. f. Existing topography and proposed changes, including trees, rock formations and other unusual features of the site, and at least one 100 feet beyond its boundaries. Individual trees with a diameter of more than eight inches, measured 24 inches above existing grade, must be identified by type, circumference, and dripline. Any trees proposed for removal must also be indicated. Contour lines must have the following intervals:
i. One-foot contour intervals for a ground slope less than 5 percent; ii. Two-foot contour intervals for a ground slope between 5 and 10 percent; and
iii. Five-foot contour intervals for a ground slope greater than 10 percent. g. Approximate location of all areas subject to inundation of storm water overflow, and location, width, and direction of flow of all watercourses. h. Approximate width and location of all existing easements. i. Approximate dimensions of all mobile home spaces, radii of all curves and central angles.
j. Location of all existing structures identified by type and indicating which are proposed to be removed and which will remain.
k. Location of building setback line from each stream or river on the site, if applicable.

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Part III, Page 60 | St. Helena Zoning Code | October 2022 Public Review Draft l. Location of existing overhead utility lines and poles on site and on peripheral streets.

C. Uses Permitted. The following uses are permitted in the Mobile Home Park Overlay district:

1. The installation of mobile homes that meet all applicable federal and State regulations.

2. Accessory structures in accordance with California Code of Regulations, Title 25, Division 1, Chapter 2, Article 9.

D. Conditional Uses. Changes to approved uses within mobile home parks require a Conditional Use Permit approval subject to Chapter 17.05, Planning Permits and Approvals.

E. Development Standards.

1. Mobile home park development within the City must comply with all applicable federal and State regulations.

2. Screening must enclose the mobile home park at its street side setback lines and must be located along all other property lines.

3. Vehicle parking and access must be consistent with Chapter 17.26, Parking and Loading.

4. All setbacks must be landscaped with plant materials, equipped with sprinklers and adequately maintained in accordance with Section 17.25, Landscaping.

5. All mobile homes must be on a permanent foundation.

F. Enforcement.

1. The Mobile Home Park Overlay regulations are intended to complement and be subordinate to state law. The state law governing manufactures home parks is entitled the “Mobilehome Parks Act” and may be found in Division 13, Parts 2.1 and 2.3 of the California Health and Safety Code. Mobile home park regulations are contained in the California Code of Regulations, Title 25, Division 1, Chapters 2 and 2.2. The City does not assume responsibility for the enforcement of the regulations contained therein and all mobile home parks within the City remain subject to the jurisdiction of the California Housing and Community Development Department in its role as the enforcement agency for the above described state laws. Nothing contained in this Section must be construed to abrogate, void or minimize such other pertinent regulations and all pertinent State and City regulations concerning the development and operation of mobile home parks must be observed.

2. Mobile homes located within areas of special flood hazard are required to be in compliance with St. Helena Municipal Code Chapter 15.52, Flood Damage Prevention.

Agenda Item #9.1.

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October 2022 Public Review Draft | St. Helena Zoning Code | Part III, Page 61

17.21.030 Parking Exemption District (PED)
A. Purpose. The Parking Exemption District (PED) establishes an area without on-site parking requirements or an in-lieu fee. The Parking Exemption District, generally within the CB District, is an area found to be impacted by insufficient off-street parking due to the age of the buildings. The PED is intended to preserve the unique character of the District.

B. Standards. All existing on-site parking within the Parking Exemption District must be maintained.1

17.21.040 Historic Preservation Overlay (HP)
A. Purpose. This Section is intended to safeguard the historic and architectural character of St.

Helena by recognizing and preserving significant historic and cultural resources in the Historic Preservation (HP) Overlay zone. It establishes design standards for the preservation and rehabilitation of historically and culturally significant resources as well as standards to ensure new development in the Historic Preservation Overlay zone is architecturally compatible.

B. Applicability. The provisions of this Section apply to parcels included in the Historic Preservation (HP) Overlay as shown on the City of St. Helena Zoning Map on file with the City of St. Helena, including those properties on the City’s Historic Resources List (Local Register), properties designated as a local historic district, and properties designated as an historic resource.

C. Review for Compliance. All infill development proposals in the Historic Preservation Overlay District are subject to Design Review approval by the Planning Commission.

D. Standards for Preservation. This Section establishes standards for the preservation of historic structures within the City.

1. Purpose. These standards implement the General Plan’s policies related to the preservation and adaptive reuse of officially designated historic resources throughout the City and of structures having potential historical value within the City’s Historic Preservation Overlay zone.

2. Applicability. These standards must be utilized during the development/design review process as criteria against which to review exterior modifications within the Historic Preservation Overlay district requiring administrative or discretionary approval. The Secretary of Interior’s Standards for Rehabilitation in subsection E provide further detail on the treatment of historic properties.

3. Preservation and Rehabilitation of Existing Structures. In general, preservation and rehabilitation efforts must aim toward protecting the essential architectural features of a structure that help to identify its individual style and thereby further its contribution to the historic character of the surrounding neighborhood. 1 Upon completion of a Downtown Parking Study, this section of the code will be amended to reflect any new standards or in lieu fee.

Agenda Item #9.1.

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Part III, Page 62 | St. Helena Zoning Code | October 2022 Public Review Draft a. General Rehabilitation Principles.
i. Historic structures should be recognized for their own time and style.

Rehabilitation should not try to create a preconceived concept of history, but should reuse existing or appropriate features. ii. Rehabilitation of historic structures should retain and restore original elements first. If damage or deterioration is too severe, the element should be recreated using original materials to match the color, design, texture, and any other important design features. iii. When replacement is necessary and original material cannot be obtained, substitution material should incorporate the color, design, and texture that conveys the visual appearance of the original material.
iv. The proposed alteration must reflect the original building exterior and site design features as determined from an early photograph, original building plans, or other evidence of original building features. This includes building and site design materials and colors, including walls, fences and roofing.
b. Doors.
i. The front door of a historic structure must fit the particular style of the structure. The shape, size, and style of doors are important features of all historical architectural styles and the original design/type must be maintained.
ii. Repair rather than replace original doors whenever possible. When replacement is necessary, the replacement door must match the original design and materials as close as possible.
iii. If the original door is missing, appropriate design and materials must be selected by studying the doors of similar structures in the surrounding neighborhood or consulting books on architectural styles. c. Exterior Materials.
i. The original exterior building materials must be retained whenever possible. It is not desirable to use mismatched materials of different finishes, shapes, sizes, or textures.
ii. Structures with original wood siding must not be stuccoed in an attempt to modernize their appearance. Likewise, plastic shingles must not be used to replace wood siding or shingles.
iii. Original siding materials must not be covered over, cladded or replaced with a different material.
iv. Brick surfaces must not be sandblasted in an attempt to remove old paint. Sandblasting damages the natural fired surface of the brick, and causes it to lose its water repellent qualities. Also, mechanical grinders Agenda Item #9.1.

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October 2022 Public Review Draft | St. Helena Zoning Code | Part III, Page 63 must not be used to remove mortar as this can damage the brick surrounding the joint.
v. Nondurable contemporary substitute materials, such as vinyl siding and foam trim are not acceptable.
d. Ornamentation and Trim.
i. Authentic decoration and trim on a structure provides the character defining features and identifies the structure with its particular architectural style. Original architectural elements such as cornices, moldings, and trim must not be removed.
ii. Deteriorated architectural features shall be repaired rather than replaced wherever possible. If replacement is necessary, new materials shall match the original in design, color, texture, and other visual qualities. If the original was painted, the substitute materials shall be painted as well.
e. Porches and Stairs. During rehabilitation efforts, the design integrity of the front porch must not be compromised. Front porches must not be enclosed with walls or windows.
f. Roofs.
i. Roofing must be watertight and utilize roofing materials that are compatible with the original style of the structure. When replacement is necessary roofing materials must be selected that are appropriate to the structure’s architectural style.
ii. Roof form and eave details, such as rafter tails, vents, parapets, dormers, and other architectural features, must be preserved. When repairing or altering a roof, the original roof pitch and orientation to the street must be maintained.
iii. It should be recognized that fire safety requirements may preclude reroofing a structure in its original material. The determination of what material to use for the replacement of wood shingles or shakes in historic structures must be based on compatibility with the colors and materials used elsewhere on the structure.
g. Windows.
i. The shape, size, and style of windows are an important feature of architectural styles and the original type window must be maintained. ii. When window replacement is necessary, it is recommended that the new window be an exact match of the original.
iii. Proportions of existing window openings and the pattern of existing window sashes must be maintained in replacement work.
iv. Aluminum or plastic frame windows must not be used as replacements on any part of an historic structure without justification.

Agenda Item #9.1.

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Part III, Page 64 | St. Helena Zoning Code | October 2022 Public Review Draft The use of such materials is highly visible and the contrast of materials and styles can permanently affect the architectural integrity of the structure. The use of traditional materials is preferred treatment. v. Where the original structure includes transom windows in the St.

Helena Historic Commercial District, this traditional storefront must be retained. If the ceiling inside the structure has been lowered, the ceiling must be stepped up to meet the transom so that light will penetrate the building interior.

4. Additions to Existing Structures. Additions to historic structures may be necessary to ensure their continued use. Modifications (e.g., additions, new entrances and exits, parking facilities, handicap facilities, and seismic strengthening) must be made with care so as not to compromise a structure’s character defining features, finishes, or materials.
a. Site Plan Considerations. Additions must be carefully placed to minimize changes in the appearance of the structure from the public right-of-way.

Whenever possible, additions must be placed to the side or rear of the structure and must not obstruct the appearance of the structure from the public right-of-way.
b. Architectural Compatibility.
i. Additions to historically valuable structures should incorporate the architectural features of the original structures including:
(a) Door and window shape, size, and type;
(b) Exterior materials;
(c) Finished floor height; and
(d) Roof material, pitch, and style.
ii. Refer to the rehabilitation standards, subsection 3, Preservation and Rehabilitation of Existing Structures, for discussion of appropriate exterior doors, porches, wall materials, windows, etc.
c. Roof Pitch and Style.
i. The roof of a structure, especially its pitch and style, is an important architectural element that must be taken into consideration when planning an addition.
ii. Whenever possible, the pitch and style on the addition must match the original.
iii. Roof materials must be compatible to the existing building. d. Second-Story Additions.
i. Because adding an additional story to an existing structure will always change the structure’s proportions, such additions must be carefully Agenda Item #9.1.

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October 2022 Public Review Draft | St. Helena Zoning Code | Part III, Page 65 designed to follow similar two-story examples of the particular style that may be found in the surrounding neighborhood.
ii. To minimize the visibility of the second story addition from the public right-of-way, the addition must be stepped back behind the existing roof ridge.

5. Review for Compliance.
a. Rehabilitation projects that do not expand the existing building or structure and which are consistent with the standards of the Historic Preservation Overlay may be approved administratively by the Community Development Department.
b. Rehabilitation projects which are inconsistent with the standards of the Historic Preservation Overlay require Design Review by the Planning Commission, as established in Section 17.05.070, Major Design Review. c. All new construction or additions that are visible from the public right-of-way or more than a 25 percent increase of the existing floor area of the primary structure require Major Design Review by the Planning Commission, as established in Section 17.05.070, Major Design Review.

E. Secretary of Interior’s Standards. The Secretary of the Interior's Standards for Rehabilitation are 10 basic principles created to help preserve the distinctive character of a historic building and its site, while allowing for reasonable changes to meet new needs. These standards are mandatory for listed buildings.

1. A property shall be used for its historic purpose or be placed in a new use that requires minimal change to the defining characteristics of the building and its site and environment.

2. The historic character of a property shall be retained and preserved. The removal of historic material or alteration of features and spaces that characterize a property shall be avoided.

3. Each property shall be recognized as a physical record of its time, place, and use.

Changes that create a false sense of historical development, such as adding conjectural features or architectural elements from other buildings, shall not be undertaken.

4. Most properties change over time; those changes that have acquired historic significance in their own right shall be retained and preserved.

5. Distinctive features, finishes, and construction techniques or examples of craftsmanship that characterize a historic property shall be preserved.

6. Deteriorated historic features shall be repaired rather than replaced. Where the severity of deterioration requires replacement of a distinctive feature, the new feature shall match the old in design, color, texture, and other visual qualities and, where possible, materials. Replacement of missing features shall be substantiated by documentary, physical, or pictorial evidence.

Agenda Item #9.1.

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7. Chemical or physical treatments, such as sandblasting, that cause damage to historic material shall not be used. The surface cleaning of structures, if appropriate, shall be undertaken using the gentlest means possible.

8. Significant archeological resources affected by a project shall be protected and preserved. If such resources must be disturbed, mitigation measures shall be undertaken.

9. New additions, exterior alterations, or related new construction shall not destroy historic materials that characterize the property. The new work shall be differentiated from the old and shall be compatible with the massing, size, scale, and architectural features to protect the historic integrity of the property and its environment.

10. New additions and adjacent or related new construction shall be undertaken in such a manner that if removed in the future, the essential form and integrity of the historic property and its environment would be unimpaired.

F. Standards for New Construction/Infill Development. This Section establishes standards to be used in review of new and infill development within the historic overlay zone for which a discretionary permit is required.

1. Purpose. These standards are intended to encourage new infill development in the Historic Preservation Overlay district to be compatible in scale and treatment with the existing, older development and to maintain the overall historic character and integrity of the community. At the same time, these standards are intended to promote the visual variety that is characteristic of St. Helena, to allow for contemporary architectural designs, and to provide reasonable flexibility in accommodating the tastes, preferences and creativity of applicants proposing new development, especially individual single-family homes.

2. Standards for Compatibility. New construction within the Historic Preservation Overlay must be designed to maintain any unifying development patterns such as setbacks, building coverage, building height, degree of transparency, eave depth, and orientation to the street. When new structures are developed adjacent to older singlefamily residences, there are concerns that the bulk and height of the infill structures may have a negative impact on the adjoining smaller-scale structures. The following standards are intended to address this concern:
a. Site Plan Considerations.
i. New development must continue the functional, on-site relationships of the surrounding neighborhood or district. For example, common patterns that must be continued are entries facing the public right-ofway, front porches, and garages/parking areas located at the rear of the parcel.
ii. Front setbacks for new infill development must follow either of the following criteria:
(a) Equal to the average front setback of all residences on both sides of the street within 100 feet of the property lines of the new project; or
Agenda Item #9.1.

Part III: District Regulations
October 2022 Public Review Draft | St. Helena Zoning Code | Part III, Page 67 (b) Equal to the average front setback of the two immediately adjoining structures on each side of the new project.
iii. In cases where averaging between two adjoining existing structures is chosen, the new structure may be averaged in a stepping pattern. This method can work especially well where it is desirable to provide a large front porch along a portion of the front facade.
b. Architectural Considerations.
i. New infill structures must support the distinctive architectural characteristics of development in the surrounding neighborhood or district, including building mass, scale, proportion, decoration/detail, door and window spacing/rhythm, exterior materials, finished-floor height, porches, and roof pitch and style.
ii. Because new infill structures are likely to be taller than one story, their bulk and height can impose on smaller-scale adjoining structures. The height of new structures must be considered within the context of their surroundings. Structures with greater height should consider providing greater setbacks at the second-story level, to reduce impacts (e.g., blocking or screening of air and light, privacy, etc.) on adjoining single-story structures.
iii. The incorporation of balconies and porches is encouraged for both practical and aesthetic reasons. These elements must be integrated to break up large front facades and add human scale to the structures. iv. The proper use of building materials can enhance desired neighborhood qualities (e.g., compatibility, continuity, harmony, etc.).

The design of infill structures must incorporate an appropriate mixture of the predominant materials in the surrounding neighborhood whenever possible. Common materials are brick, horizontal siding, shingles, stone, stucco, and wood.
v. Color schemes for infill structures must consider the color schemes of existing structures in the surrounding neighborhood or district in order to maintain compatibility and harmony. Avoid sharp contrasts with existing building colors.
vi. New structures which are wider that the traditional width must be designed to read as smaller modules reflecting the traditional building widths.
vii. Building heights must remain within 20 percent of the average height of adjacent buildings.
viii. Design of new development must reflect the horizontal elements of adjacent buildings. Horizontal elements may include an alignment of window frames, roof lines, facades and clear distinction between first floors and upper floors.

Agenda Item #9.1.

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Part III, Page 68 | St. Helena Zoning Code | October 2022 Public Review Draft c. Single-Family Residences.
i. Use materials and building components in sizes that are typical of the historic building stock. This may include wood siding (in a lap dimension of no greater than 4-1/2 inches), vertical siding, or natural stone foundations no taller than 12 inches.
ii. Foundation and floor-to-ceiling heights must be aligned within one foot of floor to ceiling heights on adjacent buildings. iii. Historic architectural styles (e.g., craftsman, Victorian, bungalow, etc.) are not mandated. However, contemporary architectural treatments proposed for new residences must complement and not detract from the qualities of the historic overlay district and the neighborhood setting of the proposed development.
iv. To the extent that a proposed residence is not readily visible from a public street, other public vantage point, or a significant historic resource, greater design flexibility must be allowed.
d. Sustainable Construction Techniques.
i. Building forms that reduce energy use may be radically different than traditional architectural types. Careful and sensitive design is required in order to produce a contrast that is pleasing rather than jarring. The use of appropriate colors and textures on exterior materials is one method of linking a contemporary building design to a traditional neighborhood context.
ii. Roof gardens, solar panels, and other sustainable construction features must be fully integrated into the design of new construction, rather than applied at the conclusion of the design process. e. Accessory Structures.
i. New accessory structures (e.g., garages, second units, sheds, etc.) that are visible from the public right-of-way must incorporate the distinctive architectural features (e.g., color, materials, roof pitch and style, etc.) of the main structure.
ii. Design features must be applied with less detail on the accessory structure so that it does not compete with the main structure and is clearly subordinate to it.

G. Use of California Historic Building Code. The property owner of a property within Historic Preservation Overlay District may elect to use the California Historic Building Code for alterations, restorations, new construction, removal, relocation, or demolition of a designated Historic Resource provided the building official determines that such use of the code does not endanger the public health or safety, and such action is necessary for the continued preservation of an Historic Resource.

Agenda Item #9.1.

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17.21.050 Planned Development Overlay (PD)
A. Purpose. The Planned Development Overlay (PD) district recognizes the advantage that integrated community planning offers over conventional zoning techniques in implementing the General Plan goals. The PD Overlay district in St. Helena is specifically envisioned as a mechanism to preserve and/or create distinctive, high-quality single or mixed-use developments that meet or exceed the goals of the General Plan. The provisions of the PD Overlay district are intended to:

1. Implement the goals, objectives, and policies of the General Plan and the Zoning Code;

2. Provide for greater flexibility in the design of the developments than is otherwise possible through the strict application of zone regulations;

3. Encourage preservation of existing amenities and creation of new amenities;

4. Provide for a variety of housing types and densities;

5. Reduce environmental impacts;

6. Achieve superior relationships among uses, both within and surrounding the district;

7. Promote innovation, creativity and design excellence in building design and development concepts; and

8. Promote the development of a cohesive, high-quality and aesthetically pleasing urban structure.

B. Standards and Requirements. The following regulations shall apply within PD Overlay districts, which shall also be subject to other provisions of this article, except that where a conflict in regulation occurs, the requirements specified in the approved PD Overlay district shall apply.

1. Area. The minimum area on which a PD Overlay district may be established is one acre of contiguous land. However, a PD Overlay district may be established for an area of less than one contiguous acre upon a finding that the property is suitable as a PD Overlay district by virtue of its relationship to adjacent parcels and their development plans (existing or proposed), unique historical character, topography, landscaping features, or by virtue of being a unique or isolated problem area.

2. Land Use. A single land use or multiple land uses permitted in any other district may be permitted in the proposed PD Overlay district, provided the use or uses are compatible with each other and serve to fulfill the purpose of the proposed development while complying with the General Plan.

3. Development Standards. Standards for lot area, building coverage, building height, setback requirements, minimum open space area, sign placement and design, offstreet parking, landscaping, and screening for the proposed development shall be established for the PD Overlay district and shall prevail over the development standards of the base district zoning of the property. No structure or improvement shall be constructed within the PD Overlay district except in compliance with all provisions of the adopted PD Overlay district. Each structure or improvement shall be Agenda Item #9.1.

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Part III, Page 70 | St. Helena Zoning Code | October 2022 Public Review Draft constructed and maintained in strict compliance with all conditions of the PD Overlay district.

4. Parks and Open Space. Land designated as parks and/or open space shall be conveyed, at the option of the City, to one of the following:
a. Trustees provided in an indenture establishing an association of property owners or similar organization, subject to covenants running with the land, satisfactory to the City Attorney, which restrict the open space in a manner that assures its continuing use for its intended purpose, and which provide a legal means for the City to enforce these provisions; or b. The City of St. Helena in a manner satisfactory to the City Council.

5. Rights-of-Way. The streets, bike paths, and pedestrian ways within and bordering a PD Overlay district shall be offered for dedication to the City. Standards for public improvements shall be governed by applicable regulations and laws of the City or shall be as established by the City Public Works Department for the development under consideration.

6. Other Standards. Where the PD Overlay district is silent regarding particular development standards, the development standards of the applicable base zone shall apply.

7. Departures from standards ordinarily required in other districts and permitted in the initial approval of a PD Overlay district shall not be considered as precedent-setting in terms of other applications that may be brought before the City.

C. Initiation. An application for a PD Overlay designation may be initiated the City Council, Planning Commission, Community Development Director, or the owner or authorized agent of the owner of the property in compliance with Chapter 17.07, Amendments to the Zoning Map and Text.

D. Application Requirements. An application for a PD Overlay designation shall be accompanied by:

1. A written and/or diagrammatic project description that provides sufficient information to evaluate the merits of the proposed zoning. Application requirements shall be in accordance with the project application submittal requirements as determined by the Community Development Director. In addition, an application for a PD Overlay district shall include the following items:
a. A site features map depicting the existing topography, structures, and natural features, including areas of significant vegetation. Properties within 300 feet of the site shall be included on the site features map. b. The description of the infrastructure necessary for each phase of the proposed project.
c. A statement as to how a proposed residential project will comply with the City’s inclusionary housing requirements.
d. Any other information that the Community Development Director determines to be necessary to properly evaluate the project.

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2. A Policy Statement which sets forth the following items within each land use proposed in the Development Plan:
a. Principal permitted uses.
b. Accessory uses.
c. Uses permitted by Conditional Use Permit.
d. A statement of provisions for ultimate ownership and maintenance of all parts of the development, including streets, structures, hillside areas (if such exist) and open spaces.
e. District regulations including:
i. Minimum lot sizes;
ii. Minimum lot widths;
iii. Maximum density (residential) and FAR (non-residential); iv. Minimum setbacks, including yard setbacks from adjacent properties and between differing uses;
v. Maximum building heights;
vi. Maximum lot coverage for structures (structures include paved areas except for those on single-family detached residential lots); vii. Accessory building requirements, including setbacks, height limits and location;
viii. Parking requirements;
ix. Design guidelines; and
x. A listing of district regulations or standards to be adopted by ordinance at the time of final approval.

3. A Development Plan which identifies the following items:
a. Proposed land use by type, acreage, residential densities and nonresidential uses, expressed in gross square footage of floor area;
b. The proposed circulation pattern within the development and connections to the surrounding circulation patterns, including public and private vehicular, bicycle, and pedestrian ways; transit stop locations; preliminary locations and widths of streets and alleys; and estimated traffic generation as it affects public streets within and adjacent to the project;
c. Site features that influence the development of the site; d. A preliminary grading and drainage plan;
e. Recreational and open space amenities and public plazas where applicable for non-residential development;
f. Preliminary sketch evaluations of all proposed buildings and structures from all major vantage points; and
Agenda Item #9.1.

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Part III, Page 72 | St. Helena Zoning Code | October 2022 Public Review Draft g. If a phased development, each phase shall be indicated including location, structures, infrastructure and timing.

4. The Approval Authority may waive any of the above required information items if it is determined they are unnecessary or unreasonable under the circumstances.

E. Preliminary Review and Application.

1. Preliminary Review by Community Development Director. Before the City will accept an application for a PD Overlay district designation, the applicant shall submit a statement of intent and preliminary development plan for preliminary review and comment by the Community Development Director. The statement of intent and preliminary development plan must:
a. Include sufficient information to assist in the review of the application and to ensure that the application meets all the required findings provided in subsection G.
b. Demonstrate that the proposed development would result in a more desirable development than would otherwise be permitted under the applicable base zoning district standards.
c. Include the information and materials specified in the Department handout for a Planned Development Overlay application, together with the required fee.

The Community Development Director may waive the requirements for any of the information required above if it is determined that the information is unnecessary in order to complete a review of the PD Overlay application.

2. Application. An application for a PD Overlay district designation shall be prepared, filed, and processed in compliance with Section 17.04.020, Application Process.

F. Review Procedures.

1. Zoning Map Amendment. An application for a PD Overlay district designation shall be processed as an amendment to the Zoning Map, according to the procedures of Chapter 17.07, Amendments to the Zoning Map and Text.

2. Tentative Subdivision Map. When a PD Overlay district designation requires the submission of a tentative subdivision map, this map and all supporting documents shall be prepared and submitted concurrently with the application for the PD district.

3. Major Design Review. Prior to issuance of a Building Permit, development within a PD Overlay district shall be subject to the requirements of Section 17.05.050, Major Design Review.

G. Required Findings. An application for a PD Overlay district designation shall be approved only if all the following findings are made:

1. The proposed development is consistent with the General Plan and any applicable specific plan, including the density and intensity limitations that apply;

2. The subject site is physically suitable for the type and intensity of the land use being proposed;
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3. Adequate transportation facilities and public services exist or will be provided in accord with the conditions of development plan approval to serve the proposed development; and the approval of the proposed development will not result in a reduction of traffic levels of service or public services so as to be a detriment to public health, safety, or welfare;

4. The proposed development will not have a substantial adverse effect on surrounding land uses and will be compatible with the existing and planned land use character of the surrounding area;

5. Any exception from standard zoning development requirements is warranted by the design and amenities incorporated into the Development Plan in accord with adopted policies of the Planning Commission and City Council; and

6. The proposed development is demonstratively superior to the development that could occur under the standards applicable to the underlying base zone, and will achieve superior community design, environmental preservation, and/or substantial public benefit.

7. The existing or proposed utility services are adequate for the population densities and nonresidential components of the Development Plan.

H. Conditions. In addition to the provisions in Section 17.04.110, Authority to Apply Conditions of Approval, when approving an application for a PD Overlay district, the Approval Authority may impose conditions deemed necessary to:

1. Ensure that the proposal conforms in all significant respects with the General Plan and with any other applicable plans or policies that the City has adopted;

2. Achieve the general purposes of this Title or the specific purpose of the zone in which the project is located;

3. Achieve the findings listed above; or

4. Mitigate any potentially significant impacts identified as a result of review conducted in compliance with the requirements of the California Environmental Quality Act.

I. Termination and Extension.

1. Termination of a PD Overlay District. If within two years after the approval of a PD Overlay district application by the City Council, the Design Review approvals have not been obtained and the construction specified in the development plan has not commenced, the Planning Commission shall review with the applicant(s) the reasons for not initiating the project development. The Planning Commission may initiate consideration of reclassification, hold public hearings, and make recommendation to the City Council to remove the PD Overlay district designation over all or part of the area.

2. Extension. Procedures for the extension of an approved PD Overlay district application are established in Section 17.04.140, Extension of Permits and Approvals.

Upon granting of an extension, changes to a previously approved conditional Zoning Map amendment applications may be subject to the following:

Agenda Item #9.1.

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Part III, Page 74 | St. Helena Zoning Code | October 2022 Public Review Draft a. Modification of previously required conditions of approval as warranted by interim changes in the area and/or to ensure continued compatibility with any improvements within the context area; or
b. Site plan revisions as necessary to comply with any ordinance or Zoning Code amendments that may have taken effect since the time of the original approval.

Agenda Item #9.1.

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October 2022 Public Review Draft | St. Helena Zoning Code | Part III, Page 75 Chapter 17.22 Specific to Uses

17.22.010 Purpose and Applicability
A. Purpose. This Chapter establishes standards for specific uses and activities that are permitted, permitted with a Minor Use Permit, or permitted with a Conditional Use Permit in the zoning districts established in Chapter 17.15, Establishment of Base Zoning Districts. These provisions are supplemental standards and requirements to minimize the impacts of these uses and activities on surrounding properties and to protect the health, safety, and welfare of their occupants and of the public.

B. Applicability. Each land use and activity covered by this Chapter must comply with the requirements of the Section applicable to the specific use or activity, in addition to any applicable standard this Title requires in the zoning district where the use or activity is proposed and all other applicable provisions of this Title.

17.22.020 Accessory Uses
A. All Accessory Uses. An accessory use must be secondary to a primary use and must be allowed only in conjunction with a principal use or building to which it relates under the same regulations as the main use in any zone. These regulations are found in the land use regulation tables in Part III, District Regulations, and may be subject to specific standards found in this Chapter or within each zoning district, as specified in the tables. Accessory uses and structures are also subject to the development and site regulations found in Part IV, Citywide Standards.

B. Commercial Accessory Uses. Clearly subordinate commercial accessory 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. Any expansion of the building footprint or business floor area to accommodate an accessory use shall require a use permit and/or design review as appropriate. A business may have more than one accessory use, but each accessory use must comply with the limitations on floor space and gross receipts, and the total combined area of accessory uses 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.

17.22.030 Accessory Dwelling Units
A. Purpose. This Section regulates accessory dwelling units (ADUs) and junior accessory dwelling units (JADUs) in compliance with California Government Code §§ 65852.2 and 65852.22.

B. Effect of Conforming. An ADU or JADU that conforms to the standards in this Section will not be:

1. Deemed to be inconsistent with the General Plan and zoning designation for the lot on which the ADU or JADU is located.

2. Deemed to exceed the allowable density for the lot on which the ADU or JADU is located.

Agenda Item #9.1.

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3. Considered in the application of any local ordinance, policy, or program to limit residential growth.

4. Required to correct a nonconforming zoning condition as defined in Part V, Definitions.

This does not prevent the City from enforcing compliance with applicable building standards in accordance with Health and Safety Code § 17980.12.

C. Definitions. As used in this Section, terms specific to ADUs and JADUs are defined as follows:

1. “Accessory dwelling unit” or “ADU” means an attached or a detached residential dwelling unit that provides complete independent living facilities for one or more persons and is located on a lot with a proposed or existing primary residence.

An accessory dwelling unit also includes the following:
a. An efficiency unit, as defined by § 17958.1 of the California Health and Safety Code; and
b. A manufactured home, as defined by § 18007 of the California Health and Safety Code.

2. “Accessory structure” means a structure that is accessory and incidental to a dwelling located on the same lot.

3. “Complete independent living facilities” means permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the single-family or multi-family dwelling is or will be situated. All such facilities are to be separate and distinct from those included in and provided for any other dwelling unit or accessory structure on the parcel, except as otherwise specifically provided (e.g., utility connections may be shared as provided in subsection (G)(2); a junior accessory dwelling unit may share sanitation facilities).

4. “Cooking facility” means a stove with at least two burners, a sink and permanent refrigeration.

5. “Efficiency kitchen” means a kitchen that includes each of the following:
a. A cooking facility.
b. A food preparation counter or counters that total at least 15 square feet in area.
c. Food storage cabinets that total at least 30 square feet of shelf space.

6. “Junior accessory dwelling unit” or “JADU” means a residential unit that:
a. Is no more than 500 square feet in size;
b. Is contained entirely within an existing or proposed single-family structure; c. Includes its own separate sanitation facilities or shares sanitation facilities with the existing or proposed single-family structure;
d. Includes an efficiency kitchen, as defined in subsection (C)(5); and e. Includes a separate entrance from the main entrance to the structure.

Agenda Item #9.1.

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7. “Living area” means the interior habitable area of a dwelling unit, including basements and attics, but does not include a garage or any accessory structure.

8. “Nonconforming zoning condition” means a physical improvement on a property that does not conform with current zoning standards.

9. “Passageway” means a pathway that is unobstructed clear to the sky and extends from a street to one entrance of the ADU or JADU.

10. “Primary residence” means a single-family dwelling or multi-family residential dwelling that either exists on or is proposed for a lot zoned for single-family or multi-family residential use.

11. “Proposed dwelling” means a dwelling that is the subject of a permit application and that meets the requirements for permitting.

12. “Public transit” means a location, including, but not limited to, a bus stop or train station, where the public may access buses, trains, subways, and other forms of transportation that charge set fares, run on fixed routes, and are available to the public.

13. “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.

D. Approvals. The following approvals apply to ADUs and JADUs under this Section:

1. Generally. Except as described in subsection D.2, an ADU is allowed with only a building permit if it complies with each of the requirements in subsections E, F and G.

2. Partial Exemption for Certain ADUs and JADUs. An ADU or JADU in any of the four scenarios that are described in subsections D.2.a through D.2.d is exempt from the design and development standards in subsection F and is allowed with only a building permit if it complies with each of the requirements in subsections E and G. a. Converted on single-family lot: Only one ADU or JADU on a lot with a proposed or existing single-family dwelling on it, where the ADU or JADU:
i. Is either within the space of a proposed single-family dwelling; within the existing space of an existing single-family dwelling; or within the existing space of an accessory structure, plus up to 150 additional square feet if the expansion is limited to accommodating ingress and egress. For purposes of this subsection, “within the existing space” includes a structure that is constructed in the same location and to the same dimensions.
ii. Has exterior access that is independent of that for the single-family dwelling.
iii. Has side and rear setbacks sufficient for fire and safety, as dictated by applicable Building and Fire Codes.
b. Detached on single-family lot: One detached, new-construction ADU on a lot with a proposed or existing single-family dwelling (in addition to any JADU that Agenda Item #9.1.

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Part III, Page 78 | St. Helena Zoning Code | October 2022 Public Review Draft might otherwise be established on the lot under subsection D.2.a), if the detached ADU satisfies the following limitations:
i. The side and rear setbacks are at least four feet.
ii. The total floor area is 800 square feet or smaller. iii. The height of the roof measured to the peak above grade is 16 feet or less.
c. Converted on multi-family lot: Multiple ADUs within portions of existing multifamily dwelling structures that are not used as livable space, including storage rooms, boiler rooms, passageways, attics, basements, or garages, if each converted ADU complies with state building standards for dwellings. At least one converted ADU under this subsection is allowed within an existing multifamily dwelling, up to a quantity equal to 25 percent of the existing multi-family dwelling units.
d. Detached on multi-family lot: No more than two detached ADUs on a lot that has an existing multi-family dwelling if each detached ADU satisfies the following limitations:
i. The side and rear setbacks are at least four feet.
ii. The height of the roof measured to the peak above grade is 16 feet or less.

3. Process and Timing.
a. An application for an ADU or JADU is considered and approved ministerially, without discretionary review or a hearing.
b. The Community Development Director must act on an application to create an ADU or JADU within 60 days from the date that a completed application is received, unless either:
i. The applicant requests a delay, in which case the 60-day time period is tolled for the period of the requested delay; or
ii. In the case of a JADU, when the application to create a junior accessory dwelling unit is submitted with a permit application to create a new single-family dwelling on the lot, the Community Development Director may delay acting on the permit application for the JADU until the Community Development Director acts on the permit application to create the new single-family dwelling, but the application to create the JADU will still be considered ministerially without discretionary review or a hearing.

E. General ADU and JADU Requirements. The following requirements apply to all ADUs and JADUs:

1. Zoning. An ADU or JADU may be created on any lot that is zoned to allow single-family dwelling residential use or multi-family dwelling residential use (i.e., residential, mixeduse, and agriculturally zoned parcels).

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2. Fire Sprinklers. Fire sprinklers are required in an ADU if sprinklers are required in the primary residence.

3. Rental Term. No ADU or JADU may be rented for a term that is shorter than 30 days.

4. No Separate Conveyance. An ADU or JADU may be rented, but no ADU or JADU may be sold or otherwise conveyed separately from the primary residence.

5. Septic System. If the ADU or JADU will connect to an on-site water-treatment system, the owner must include with the application a percolation test completed within the last five years or, if the percolation test has been recertified, within the last 10 years.

6. Owner Occupancy.
a. All ADUs created before January 1, 2020, are subject to the owner-occupancy requirement that was in place when the ADU was created. b. An ADU that is created after that date but before January 1, 2025, is not subject to any owner-occupancy requirement.
c. All ADUs that are created on or after January 1, 2025, are subject to an owneroccupancy requirement. A natural person with legal or equitable title to the property must reside on the property as the person’s legal domicile and permanent residence.
d. All JADUs are subject to an owner-occupancy requirement. A natural person with legal or equitable title to the property must reside on the property, in either the primary dwelling or JADU, as the person’s legal domicile and permanent residence. However, the owner-occupancy requirement of this subsection does not apply if the property is entirely owned by another governmental agency, land trust, or housing organization.

7. Deed Restriction. Prior to issuance of a building permit for an ADU or JADU, a deed restriction must be recorded against the title of the property in the county recorder’s office and a copy filed with the Community Development Director. The deed restriction must run with the land and bind all future owners. The form of the deed restriction will be provided by the City and must provide that:
a. The ADU or JADU may not be sold separately from the primary dwelling. b. The ADU or JADU is restricted to the approved size and to other attributes allowed by this Section.
c. The deed restriction runs with the land and may be enforced against future property owners.
d. The deed restriction may be removed if the owner eliminates the ADU or JADU, as evidenced by, for example, removal of the kitchen facilities. To remove the deed restriction, an owner may make a written request of the Community Development Director, providing evidence that the ADU or JADU has in fact been eliminated. The Community Development Director may then determine whether the evidence supports the claim that the ADU or JADU has been eliminated. Appeal may be taken from the Community Development Director’s determination consistent with other provisions of this Code. If the ADU or Agenda Item #9.1.

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Part III, Page 80 | St. Helena Zoning Code | October 2022 Public Review Draft JADU is not entirely physically removed but is only eliminated by virtue of having a necessary component of an ADU or JADU removed, the remaining structure and improvements must otherwise comply with applicable provisions of this Code.
e. The deed restriction is enforceable by the Community Development Director or his or her designee for the benefit of the City. Failure of the property owner to comply with the deed restriction may result in legal action against the property owner, and the City is authorized to obtain any remedy available to it at law or equity, including obtaining an injunction enjoining the use of the ADU or JADU in violation of the recorded restrictions or abatement of the illegal unit.

8. Income Reporting. In order to facilitate the City’s obligation to identify adequate sites for housing in accordance with Government Code §§ 65583.1 and 65852.2, the following requirements must be satisfied:
a. With the building-permit application, the applicant must provide the Community Development Director with an estimate of the projected annualized rent that will be charged for the ADU or JADU. b. Within 90 days after each yearly anniversary of the issuance of the building permit, the owner must report the actual rent charged for the ADU or JADU during the prior year. If the Community Development Director does not receive the report within the 90-day period, a notice of violation will be sent to the owner stating they have an additional 30 days to submit the report. If the owner fails to submit the report within the 30-day period, the Community Development Director may enforce this provision in accordance with applicable law.

F. Specific ADU Requirements. The following requirements apply only to ADUs that are approved under subsection D.1.

1. Maximum Size.
a. The maximum size of a detached or attached ADU subject to this subsection is 850 square feet for a studio or one-bedroom unit and 1,000 square feet for a unit with two bedrooms. No more than two bedrooms are allowed. b. An attached ADU that is created on a lot with an existing primary dwelling is further limited to 50 percent of the floor area of the existing primary dwelling. c. Application of other development standards in this subsection, such as FAR or lot coverage, might further limit the size of the ADU, but no application of FAR, lot coverage, or open-space requirements may require the ADU to be less than 800 square feet.

2. Lot Coverage. No ADU subject to this subsection may cause the total lot coverage of the lot to exceed the maximums listed below, subject to subsection F.1.c:
a. LR Zone and MR Zone where lots width is no greater than 45 feet: 35 percent b. MR Zone where lots width is greater than 45 feet: 40 percent Agenda Item #9.1.

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October 2022 Public Review Draft | St. Helena Zoning Code | Part III, Page 81 c. HR Zone: 55 percent.
d. WW Zone: The lesser of 10 percent of the lot area, or 20,000 square feet. e. A-20 Zone—nonagricultural coverage: no more than one acre of any one parcel must be removed from active agricultural use.

3. Height. No ADU may exceed 16 feet in height above grade, measured to the roof peak.

4. Setbacks.
a. No part of any ADU may be located within 20 feet of a front property line. b. No part of any ADU may be located within four feet of a side or rear property line.

5. Passageway. No passageway, as defined by subsection C.9, is required for an ADU.

6. Parking.
a. Generally. One off-street parking space is required for each ADU. The parking space may be provided in setback areas or as tandem parking. b. Exceptions. No parking is required in the following situations:
i. The ADU is located within one-half mile walking distance of public transit, as defined by subsection C.12.
ii. The ADU is within an architecturally and historically significant historic district.
iii. The ADU is part of the proposed or existing primary residence or an accessory structure under subsection D.2.a.
iv. When on-street parking permits are required but not offered to the occupant of the ADU.
v. When there is an established car share vehicle stop located within one block of the ADU.
c. No Replacement. When a garage, carport, or covered parking structure is demolished in conjunction with the construction of an ADU or converted to an ADU, those off-street parking spaces are not required to be replaced. d. Historical Protections. Exterior modifications to a listed historical property to accommodate construction of an ADU must comply with the Secretary of the Interior’s Objective Standards for the Treatment of Historic Properties.

G. Fees.

1. Impact Fees.
a. No impact fees for an ADU that is less than 750 square feet in gross floor area are required.
b. Any impact fee that is required for an ADU that is 750 square feet or larger in gross floor area must be charged proportionately in relation to the floor area of the primary dwelling unit (e.g., the floor area of the ADU, divided by the floor Agenda Item #9.1.

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Part III, Page 82 | St. Helena Zoning Code | October 2022 Public Review Draft area of the primary dwelling, times the typical fee amount charged for a new dwelling). For the purpose of this Section, “impact fee” does not include any connection fee or capacity charge for water or sewer service.

2. Utility Fees.
a. If an ADU or JADU is constructed with a new single-family home, a separate utility connection directly between the ADU or JADU and the utility and payment of the normal connection fee and capacity charge for a new dwelling are required.
b. Except as described in subsection G.2.a, converted ADUs and JADUs on a single-family lot that are created under subsection D.2.a are not required to have a new or separate utility connection directly between the ADU or JADU and the utility. Nor is a connection fee or capacity charge required. c. Except as described in subsection G.2.a, all ADUs and JADUs that are not covered by subsection G.2.b require a new, separate utility connection directly between the ADU or JADU and the utility.
i. The connection is subject to a connection fee or capacity charge that is proportionate to the burden created by the ADU or JADU, based on either the floor area or the number of drainage-fixture units (DFU) values, as defined by the Uniform Plumbing Code, upon the water or sewer system.
ii. The portion of the fee or charge that is charged by the City may not exceed the reasonable cost of providing this service.

H. Nonconforming ADUs and Discretionary Approval. Any proposed ADU or JADU that does not conform to the objective standards established in subsections A through G.2 may be allowed by the City with a Conditional Use Permit, in accordance with the other provisions of this Title.

17.22.040 Adult-Oriented Businesses
A. Purpose. It is recognized that the operation of the adult entertainment facilities specific in this Section are among those certain land uses which, because of their nature, may have serious operational characteristics and deleterious effects upon their surroundings, as a result of their location and concentration within the City. Special regulations pertaining to these uses are necessary to ensure that these adverse effects will not contribute to the blighting or downgrading of the surrounding neighborhood nor otherwise adversely affect the public health, safety, morals, comfort, convenience, and general welfare. More specifically, it is recognized that development and proliferation without regulation as to location and concentration may result in the deterioration of residential and business neighborhoods, the attraction of large numbers of transients, an increase in crime, and, in the case of placement near schools and other youth-related facilities, an adverse effect upon the welfare and morals of minors residing within the City.

B. Location of adult entertainment facilities. The following provisions apply to the location of adult entertainment facilities:

Agenda Item #9.1.

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1. No adult entertainment facilities are permitted within 500 feet of any area zoned for residential use.

2. No adult entertainment facility is permitted within 1,000 feet of any other such facility.

3. No adult entertainment facility is permitted within 500 feet of any parcel or real property on which is located any of the following facilities:
a. A school primarily attended by minors;
b. A church which conducts religious education classes for minors; c. A public park or public recreation facility frequented by minors.

4. No adult entertainment facility is permitted with direct frontage or visible frontage from Highway 29.

C. Public display of certain matter prohibited. Materials offered for sale from adult news racks must not be displayed or exhibited in a manner which exposes to public view any pictures or illustrations depicting any specified sexual activity or any specified anatomical area. Materials offered for sale or viewing at any adult bookstore or any adult motion picture theater must not be displayed or exhibited in a manner which exposes any depiction of any specified sexual activity or any specified anatomical area to the view of persons outside the building or off the premises on which such store or theater is located.

D. Restrictions cumulative. The restrictions provided in this Section are in addition to any other applicable provision of this Code. In the event of any conflict between any such provisions, the more restrictive must apply.

17.22.050 Alcoholic Beverage Sales
A. Purpose. Establishments that serve alcoholic beverages receive special attention from the City because of their potential to create problems, such as littering, loitering, public intoxication and disturbances. All establishments selling alcoholic beverages are reviewed by the City.

B. Permits Required.

1. Conditional Use Permit. A Conditional Use Permit must be obtained for all bars, brewpubs, micro-breweries, and wine-tasting rooms.

2. Minor Use Permit. A Minor Use Permit must be obtained for full-service restaurants.

C. Hours of Operation. Hours of operation shall be limited to the time period between 8:00 AM and 10:00 PM on Sunday, Monday, Tuesday, Wednesday and Thursday, and from 8:00 AM to 11:00 PM on Friday and Saturday.

D. Location. The establishment shall not be located within 1,000 feet of the following:

1. A public park, playground, recreational area that is immediately adjacent to a public park, or youth facility, including a nursery school, preschool, or day care facility;

2. A public or private State-licensed or accredited school; or

3. An alcohol or other drug abuse recovery or treatment facility.

Agenda Item #9.1.

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Part III, Page 84 | St. Helena Zoning Code | October 2022 Public Review Draft E. Lighting. The exterior of the establishment, including adjacent public sidewalks and parking areas, shall be illuminated during all hours of darkness during which the establishment is open such that:

1. Persons standing in those areas at night are identifiable; and

2. Required illumination is placed and shielded in a way that minimizes interference with the neighboring residences.

F. Findings. In evaluating a use permit application for any commercial establishment where liquor is served, the Review Approval Authority shall take into consideration the following:

1. Comments from the Police Department;

2. Appropriateness of automobile and/or bicycle parking;

3. Potential for loitering;

4. Distance of the proposed establishment from other establishments;

5. Distance from areas used and zoned for residential use;

6. Appropriateness of annual review of use permit.

This list does not represent an exclusive listing of those items which may be considered by the Planning Commission in evaluating a use permit application for a commercial amusement use.

17.22.060 Animal Keeping
A. Purpose. These regulations address the raising and keeping of animals and the areas in which domestic and farm animals are kept on private property. It is the intent of this Section to protect the agricultural economic base of St. Helena, to preserve the existing lifestyle in residential areas, and to minimize potential adverse effects on adjoining property from the establishment of incompatible uses related to the raising and keeping of animals.

B. Applicability. Animal keeping is allowed as an accessory to a primary residential use. Animals may be kept in compliance with Title 6, Animals, of the Municipal Code, and the standards established in this Section.

C. Domestic Animals.

1. Small Domestic Animals. Small domestic animals may be kept as an accessory to a residential use in accordance with the following. Small domestic animals include dog, cats, rabbits, and pigeons, and all animals recognized by regulation promulgated by the California Department of Fish and Wildlife as domestic animals except large domestic animals. Does not include roosters, quacking ducks, geese, pea fowl, goats, sheep, hogs, kennels or the presence of animals for commercial purposes. a. Maximum Number. The following limits do not apply to small animals primarily kept in indoor enclosures such as fish, hamsters, and birds. i. Parcels One Half Acre or Less in Size. Up to four adult small domestic animals per unit may be kept on parcels of up to one-half acre in size.

Agenda Item #9.1.

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October 2022 Public Review Draft | St. Helena Zoning Code | Part III, Page 85 ii. Parcels Greater than One Half Acre in Size. Eight adult small domestic animals per acre.
b. Nonconforming Small Domestic Animal Keeping. Residents having more than four adult small domestic animals at the time of the effective date of this Title may continue to keep them provided that the animals:
i. Are licensed in compliance with Title 6, Animals, of the Municipal Code; ii. Are kept in a safe and sanitary environment; and
iii. Do not generate nuisance complaints that require abatement.

2. Potbellied Pigs. Potbellied pigs are permitted in the LR and A-20 districts only and are subject to all standards of subsection C.1.

3. Hen Chickens. Hen chickens are permitted in the A-20 district only on lots greater than one acre and are subject to all standards of subsection C.1.

4. Large Domestic Animals. Large domestic animals including horses, burros, mules, domestic swine (excluding potbellied pigs), domestic cattle, sheep and goats may be kept as an accessory to a residential use in accordance with the following. a. Minimum Lot Size. Two acres.
b. Maximum Number. Not more than one large domestic animal per acre.

5. Fencing and Enclosure Regulations.
a. Fencing.
i. Fenced Area Required. All animals, except small domestic animals kept indoors, must be kept in an area which is fenced to prevent the animals from roaming.
ii. Fenced Area Location. The fenced area must be wholly located within the rear yard of the residence where the animals are kept. b. Enclosure.
i. Enclosure Required. Within the fenced area, an enclosure or shed must be provided of sufficient size to provide cover for the animals kept on the parcel. An enclosure is not required for cats or dogs. ii. Enclosure Location. No part of the animal enclosure may be located within 50 feet of any neighboring dwelling, within a required side or front setback, or within 300 feet of a community assembly facility, school or institution licensed by the state for the care or treatment of humans.
c. Animal fecal matter more than which can be safely and sanitarily utilized on the premises must be removed and must not be allowed to accumulate.

Agenda Item #9.1.

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17.22.070 Beekeeping
A. Purpose. These regulations allow beekeeping in a manner that is respectful of the safety of persons that may be in close proximity to the apiary. Beekeeping can contribute to pollination and better harvests in gardens. By contributing to pollination, urban beekeeping is an important complement to urban food production and to the City’s sustainability goals stated in the General Plan.

B. Standards.

1. It shall be the duty of every person on whose property bees are kept to adhere to good management practices and maintain bees in a condition that will reasonably prevent swarming and aggressive behavior.

2. It shall be the responsibility of the person on whose property the bees are kept to provide adequate water for the bees to prevent bees from seeking water in neighboring swimming pools, birdbaths, ponds or other community bodies of water.

3. A maximum of two beehives per lot on a parcel of land less than 10,000 square feet.

4. A maximum of four beehives per lot on a parcel of land with an area over 10,000 square feet.

5. Beehives are restricted to rear yards.

6. In order to ensure the appropriate height of the honeybee flight path:
a. The beehive entrance will be directed away from the neighboring property and situated behind a solid fence or hedge that is six feet in height running parallel to the property line; or
b. A beehive will be located a minimum of 25 feet away from the neighboring property line.

C. Beekeeping registration. Beekeeping registration is required prior to establishment of an apiary, as follows:

1. The applicant must submit and the Community Development Director must review plans demonstrating compliance with the standards of this Section.

2. The applicant must register the apiary with the County of Napa Agricultural Commissioner to receive notification of pesticide applications, pursuant to § 29101 of the California Food and Agricultural Code.

3. The applicant must submit plans and a signed statement showing and agreeing to compliance with all obligations imposed by this Section and holding the City harmless if the owner does not so comply.

D. Nuisance. Bees or hives shall be considered a public nuisance and subject to Chapter 17.13, Enforcement, when any of the following occurs:

1. Colonies of bees exhibit defensive or objectionable behavior or interfere with the normal use of neighboring properties.

2. Colonies of bees swarm.

Agenda Item #9.1.

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3. Bees or hives do not conform to this Section.

4. Hives become abandoned by resident bees or by the owner.

17.22.080 Bed and Breakfast Inns
A. Purpose. The purpose of this Section is to:

1. Establish regulations for the operation and bed and breakfast inns; and

2. Establish findings for the processing of applications to operate bed and breakfast inns.

B. Establishment of Bed and Breakfast Inns. Bed and breakfast inns are subject to the following:

1. The use must be located in an existing residential dwelling.

2. The use must be conducted only by the property owner or manager living on the site of the bed and breakfast inn;

3. No meals must be served to persons other than to guests and residents of the bed and breakfast inn;

4. Bed and breakfast inns must be rented for periods of less than 30 days;

5. A bed and breakfast inn must include no more than four guest rooms;

6. On-site parking for the underlying residential use must be provided on-site or in perpetuity on an adjacent parcel in accord with the provisions of Chapter 17.26, Parking and Loading. In addition, one on-site parking space must be provided for each guest room. On-site parking must be designed and located so as not to detract from the residential character of the neighborhood and the buildings and structures of the bed and breakfast inn;

7. The use must, at all times, maintain City business licenses and pay all transient occupancy taxes required;

8. The use must be contained entirely within the existing structure; C. Findings Required. In approving a Minor Use Permit for a bed and breakfast inn, the Planning Commission shall make the following findings in addition to the Minor Use Permit findings contained in Chapter 17.05, Planning Permits and Approval.

1. The establishment of a bed and breakfast inn is consistent with the purpose of the General Plan.

2. The establishment of a bed and breakfast inn will not be detrimental to a building, structure, or feature of significant aesthetic, cultural, architectural or engineering interest or value of a historical nature.

3. The establishment of a bed and breakfast inn is compatible with, and will not be detrimental to, the character of the neighborhood and surrounding land uses.

Agenda Item #9.1.

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17.22.090 Cannabis Uses
A. Purpose. The intent of this Section is to prohibit marijuana cultivation facilities, medical marijuana dispensaries, medical marijuana deliveries, and commercial cannabis activities, as defined below, subject to limited and specified exceptions, within the City limits. It is recognized that it is a federal violation under the Controlled Substances Act to possess or distribute marijuana even if or medical purposes. Additionally, there is evidence of an increased incidence of crime-related secondary impacts in locations associated with marijuana cultivation facilities and medical marijuana dispensaries and in connection with medical marijuana deliveries, which is contrary to policies that are intended to promote and maintain the public’s health, safety, and welfare.

B. Applicability. This Section applies to the following activities:

1. The opening or commencement of the operation of a marijuana cultivation facility, medical marijuana dispensary, or commercial cannabis activity;

2. The conversion of an existing business, facility, use, establishment, or location to a marijuana cultivation facility, medical marijuana dispensary, or commercial cannabis activity;

3. The addition of a marijuana cultivation facility, medical marijuana dispensary, or commercial cannabis activity to any other existing business, facility, use, establishment or location.

C. Prohibitions and Limited Exceptions.

1. Medical marijuana dispensaries are prohibited in all zoning districts in the City and must not be established or operated anywhere in the City. The City must not issue, approve or grant any permit, license or other entitlement for the establishment or operation of a medical marijuana dispensary. No person may be the lessor of property where a medical marijuana dispensary is located. No person may participate as an employee, contractor, agent, volunteer, or in any manner or capacity in any medical marijuana dispensary in the City.

2. Marijuana cultivation facilities are prohibited in all zoning districts in the City and must not be established or operated anywhere in the City. The City must not issue, approve or grant any permit, license or other entitlement for the establishment or operation of a marijuana cultivation facility. No person may be the lessor of property where a marijuana cultivation facility is located. No person may participate as an employee, contractor, agent, volunteer, or in any manner or capacity in any marijuana cultivation facility in the City.

3. The prohibition against cultivation facilities established in subsection 2, however, must not apply to a qualified patient cultivating marijuana/cannabis pursuant to § 11362.5 and the Guidelines for the Security and Non-Diversion of Marijuana Grown for Medical Use promulgated by the California Attorney General or to any individual cultivating marijuana for non-medical use under the following circumstances:
a. The individual and/or patient maintains no more than six mature or 12 immature marijuana/cannabis plants at a single private residence, or upon the grounds of that residence; and
Agenda Item #9.1.

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October 2022 Public Review Draft | St. Helena Zoning Code | Part III, Page 89 b. The individual, patient or primary caregiver cultivates marijuana/cannabis for a patient’s or individual’s personal use and does not sell, distribute, donate, transmit, or provide marijuana/cannabis to any other person or entity; and c. The location of all cultivation activities is located indoors, and housed completely within a structure with no external indication of cultivation activities (this limitation does not preclude the use of a greenhouse for cultivation); and
d. The property on which an individual is cultivating medical or recreational marijuana/cannabis has no more than 100 square feet devoted to the cultivation of marijuana/cannabis (the area used to cultivate marijuana/cannabis must be measured by the aggregate area of vegetative growth of live marijuana plants on the premises).

Notwithstanding this exception, an individual and/or patient cultivating marijuana may not create or cause a nuisance condition and the City may abate, in any manner permitted by law, a nuisance condition created or caused by, associated with, or arising from marijuana cultivation by a qualified patient.

4. All forms of commercial cannabis activities are prohibited in all zoning districts in the City with the exception of delivery services and must not be established or operated anywhere in the City. The City must not issue, approve or grant any permit, license or other entitlement for the establishment or operation of a commercial cannabis activity including any and all license classifications established in the Adult Use of Marijuana Act, California Health and Safety Code § 26050, as it may be amended. No person may be the lessor of property where a commercial cannabis activity is located. No person may participate as an employee, contractor, agent, volunteer, or in any manner or capacity in any commercial cannabis activity in the City.

5. No person and/or entity may deliver or transport medical marijuana from any fixed or mobile location, either inside or outside the City, to any person in the City, except that a person may deliver or transport marijuana to a qualified patient (with an identification card, as those terms are defined in Health and Safety Code § 11362.7, for whom he or she is the primary caregiver within the meaning of Health and Safety Code §§ 11362.5 and 11362.7(d)) or individual up to the maximum allowable amounts under current state regulations for the transportation of medical and recreational marijuana.

6. Nothing contained in this Section must be deemed to permit or authorize any use or activity which is otherwise prohibited by any state or federal law.

D. Enforcement. The City may enforce this Section in any manner permitted by law. The violation of this Section must be and is hereby declared to be a public nuisance and contrary to the public interest and must, at the discretion of the City, create a cause of action for injunctive relief.

Agenda Item #9.1.

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17.22.100 Community Gardens
Community gardens must be located, developed, and operated in compliance with the following standards:

A. Management. A manager must be designated for each garden who must serve as liaison between gardeners, property owner(s), and the City.

B. Hours of Operation. Gardens must only be tended between dawn and dusk.

C. Buildings and Structures. Accessory buildings, such as sheds, greenhouses, hoophouses, or farm stands are allowed and must comply with the property development standards of the zoning district.

D. Equipment. Only household garden tools and equipment, applicators and products, may be used. This includes soil preparation, cultivation, planting, application of chemicals, dust control, harvesting, etc. Pull-behind equipment is prohibited.

E. Operational Plan. The applicant must submit to the Community Development Director an operational plan that identifies roles and responsibilities, contact information, and operations.

F. Maintenance.

1. The operator must be responsible for the overall maintenance of the site and must remove weeds, debris, etc. in a timely manner.

2. Soil amendments, composting, and waste material must be managed and must not attract nuisance flies or support growth of flies.

G. Sale of Produce. Incidental sales of items grown on-site are permitted.

H. Composting. Composting is limited to the materials generated on-site and must be used onsite.

I. Utilities. The land must be served by a water supply sufficient to support the cultivation practices used on the site.

J. Restrooms. If proposed, restrooms must be connected to public utilities. Portable restrooms are not permitted.

17.22.110 Cottage Food Operations
A. Purpose. This Section has been adopted to:

1. Implement the requirements of Assembly Bill 1616 which amended State law to require municipalities to allow for cottage food operation within residences;

2. Establish reasonable standards allowed by state law to provide that cottage food operations within residences do not create unreasonable impacts or endanger public health, safety or welfare; and

3. Ensure compatibility of cottage food operations with the residential character of the neighborhoods in which cottage food operations are located.

Agenda Item #9.1.

Part III: District Regulations
October 2022 Public Review Draft | St. Helena Zoning Code | Part III, Page 91 B. Applicability. A cottage food operation is an accessory use permitted in any legally established dwelling, subject to standards in subsections C and D and is a distinct use from a home occupation as defined in Section 17.22.130, Home Occupations.

C. Standards. Cottage food operations are permitted accessory uses to residences provided that all of the following standards are met:

1. The use must be conducted within the kitchen of the subject dwelling unit except for attached rooms within the dwelling that are used exclusively for storage or bookkeeping. No greater than 25 percent of the dwelling may be used for the cottage food operations, and it must not be conducted within an accessory building.

2. The use is carried on only by a family member or household member occupying the dwelling, with no other person employed.

3. The cottage food operation must not invite customers to the residence and the operation must not transact business with customers at the residence.

4. No signage or advertisement identifying the cottage food operation is permitted at the premises.

5. There must be no change in the outside appearance of the dwelling unit or premises, or other visible evidence of the conduct of such cottage food operation.

6. Except for vehicle parking, no outdoor portions of the premises may be utilized for cottage food operation.

7. Vehicles displaying advertising or signs must be parked inside a garage at all times while at the premises.

8. The cottage food operation must be registered or permitted by the Napa County Environmental Health Officer in accordance with § 114365 of the California Health and Safety Code. Cottage food operations must comply with all California Health and Safety Code requirements.

9. The cottage food operator must furnish to the City evidence of the application for or issuance of the necessary permits and/or registration of cottage food operations from the county of Napa.

D. Expanded Cottage Food Operations. Exceptions to the standards established in subsections C.2 and C.3 may be granted with the approval of a Minor Use Permit for an expanded cottage food operation; provided, that all of the following standards are met:

1. The applicant for the cottage food operation permit must be the individual who conducts the cottage food operation from his or her private dwelling unit and is the owner of the cottage food operation. The permit is not transferable to another operator, nor transferable to another site.

2. The use must be conducted within the kitchen of the subject dwelling unit except for attached rooms within the dwelling that are used exclusively for storage or bookkeeping. No greater than 25 percent of the dwelling may be used for the cottage food operations, and it must not be conducted within an accessory building.

Agenda Item #9.1.

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3. One cottage food employee, as defined by California Health and Safety Code § 113758(b)(1), is permitted to be employed by the cottage food operation in addition any family member or household member occupying the dwelling.

4. Except for vehicle parking, no outdoor portions of the premises may be utilized for cottage food operation including outdoor sales and visitation.

5. Direct sales of products from the site of the cottage food operation must be conducted by prior appointment only and must not exceed more than 10 visitors in any single day. No customers of the cottage food operation are permitted to dine at the premises.

6. No greater than one visitor’s vehicle and one non-resident employee’s vehicle must be parked on site at any time.

7. Vehicles displaying advertising or signs must be parked inside a garage at all times while at the premises.

8. Direct sales and cottage food operation related deliveries must not occur between the hours of 6:00 PM and 8:00 AM.

9. The cottage food operation must be registered or permitted by the Napa County Environmental Health Officer in accordance with § 114365 of the California Health and Safety Code. Cottage food operations must comply with all California Health and Safety Code requirements.

10. The applicant must furnish to the City evidence of the application for or issuance of the necessary permits and/or registration of cottage food operations from the County of Napa.

11. A business license is required for all cottage food operators.

12. The Community Development Director shall notify all property owners within 300 feet of the cottage food operation upon issuance of a Minor Use Permit.

17.22.120 Formula Businesses
A. Permits Required. The establishment or expansion of a formula business shall be in accordance with the zoning locations and permit requirements identified in Table 17.17 020, Use Regulations – Commercial and Mixed-Use Zoning Districts.

B. Findings Required. When a Conditional Use Permit review is required, the Planning Commission shall approve, with or without conditions, the establishment or expansion of a formula business only if all of the following findings can be made, in addition to those identified in Section 17.05.020, Conditional Use Permits:

1. The formula business establishment will promote diversity and variety to assure a balanced mix of commercial uses available to serve both resident and visitor populations;

2. The proposed use, together with its design and improvements, is consistent with the unique and historic character of St. Helena and will preserve the distinctive visual Agenda Item #9.1.

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October 2022 Public Review Draft | St. Helena Zoning Code | Part III, Page 93 appearance and shopping/dining experience of St. Helena for its residents and visitors;

3. Any formula business establishment located within the CB district will be compatible with existing uses in the zone and will promote the zone’s economic vitality as the downtown commercial core of St. Helena.

C. Prohibited Formula Businesses. No formula restaurants are allowed.

17.22.130 Home Occupations
A. Permit. A home occupation permit must be required prior to the establishment of a home occupation whenever a business license is required and the home is the principal place of business. A business may be conducted at locations other than the site of the home occupation, as long as that part of the business conducted at the site of the home occupation complies with the standards of this Section.

B. Standards. Home occupations are permitted in conjunction with a residential use of a dwelling and must be issued a home occupation permit, provided the home occupation:

1. Does not change the residential character of the dwelling unit.

2. Is confined to a cumulative area of not more than 600 square feet in the principal dwelling, attached garage and/or detached accessory buildings. An attached or detached garage may be used for storage or workspace as long as one garage parking space is maintained at all times for the dwelling and as long as sufficient parking spaces are available on the property to meet the current Code requirements;

3. Does not occupy any open space or setback;

4. Is carried on by the resident members of the household and a maximum of one employee in addition to residents of the dwelling;

5. Does not generate customer or client traffic, deliveries by commercial vehicles other than pickup trucks or panel delivery trucks, or have any customers or clients coming to the premises as a place of business, with the following exceptions:
a. Delivery to the customer or client of merchandise produced on the premises, b. No more than two clients may visit the premises on any one day, c. Lessons to no more than two persons at any one lesson with no more than six lessons in any one week,
d. Other uses which are similar to the above uses with the same or similar restrictions listed in this Section;

6. Creates no noise, odor, glare, dust, vibrations, fumes or smoke readily discernible at the exterior boundaries of the parcel on which the home occupation is situated;

7. Produces no advertising or evidence of its existence except for a post office box, a telephone listing and signs limited to a total of four square feet permanently affixed to a vehicle. No advertising, telephone listing, signs or printed material may list the street address of the dwelling;
Agenda Item #9.1.

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8. Involves the on-site parking or storage of no more than one commercial vehicle, as long as the commercial vehicle parks inside the garage or covered parking at all times.

C. Prohibited Home Occupations. The following businesses are not permitted as home occupations:

1. Automobile/vehicle sales and services;

2. Animal care, sales, and services;

3. Cannabis retail;

4. Eating and drinking establishments;

5. Hotels and motels; and

6. Personal services.

D. Exceptions. Exceptions to the above standards may be granted by the Planning Commission with the approval of a Conditional Use Permit for an expanded type of home occupation. In approving the Conditional Use Permit for an expanded home occupation the Planning Commission shall make the following findings:

1. The establishment of an expanded home occupation is compatible with and will not be detrimental to the residential character of the neighborhood and surrounding uses;

2. The establishment of an expanded home occupation will not result in or contribute to an unacceptable concentration of nonresidential uses in the neighborhood where it has been proposed; and

3. The establishment of an expanded home occupation will not result in excessive noise, traffic, and parking congestion.

E. Exemptions. Telecommuting, or the use of telephones, computers, or other similar technology to permit an employee to eliminate a commute trip and work from home, is not considered a home occupation and is exempt from the regulations of this Section.

17.22.140 Live/Work Units
A. Purpose. This Section is intended to provide standards for the location, development and operation of integrated live/work units and for the reuse of existing residential, commercial, and industrial structures to accommodate live/work opportunities.

B. Establishment. Live/work units may be established through the conversion of existing buildings or by new construction, permitted or conditionally permitted as specified in the underlying zoning district.

C. No Separate Sale or Rental of Portions of Unit. No portion of a live/work unit may be separately rented or sold as a commercial space for a person or persons not living in the premises or as a residential space for a person or persons not working in the same unit.

D. Occupancy Requirement. The residential space within a live/work unit must be occupied by at least one individual employed in the business conducted within the live/work unit.

Agenda Item #9.1.

Part III: District Regulations
October 2022 Public Review Draft | St. Helena Zoning Code | Part III, Page 95 E. Business License Required. The occupant of a live/work unit is required to hold a valid business license for the on-site business.

F. Limitations on Use. The nonresidential component of a live/work development must be a use allowed within the applicable zone. A live/work unit must not be established or used in conjunction with any of the following activities:

1. Automobile/Vehicle sales and services; or

2. Cannabis retail.

G. Limitation on Outside Employees. No more than one person other than residents of the live/work unit shall be employed in the conduct of the work, except that additional employees may be allowed subject to the approval of a Conditional Use Permit in compliance with Section

17.05.020.

H. Design Standards.

1. Nonresidential Area. A minimum of 50 percent of the ground level of a live/work development, or a minimum 300 square feet, whichever is greater, must function predominantly as workspace. All floor area other than that reserved for living space must be reserved for and regularly used for workspace. Potential configurations for live/work developments include but are not limited to those shown below:

Agenda Item #9.1.

Part III: District Regulations
Part III, Page 96 | St. Helena Zoning Code | October 2022 Public Review Draft Figure 17.22.140.A: Live/Work Configurations

2. Ground Floor Design. The ground floor of a live/work development must comply with the standards for ground floor commercial uses established in Chapter 17.17, Commercial and Mixed-use Districts, or Chapter 17.18, Business and industrial Districts, as applicable.

3. Non-Residential Amenities. The ground floor of a live/work development must be designed to accommodate commercial or service uses as evidenced by the provision of flooring, interior storage, ventilation, and other physical improvements of the type commonly found in exclusively commercial or service facilities used for the same work activity.

4. Separation and Access. Access to each live/work unit must be provided from a public street or common access areas, corridors, or halls. The access to each unit must be clearly separate from other live/work units or other uses within the structure.

Agenda Item #9.1.

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17.22.150 Mobile Food Vendors
Mobile food vendors must be located and operated in accordance with the following provisions:

A. Location and Applicability. Mobile vendors may only operate on private property in nonresidential zoning districts. Mobile vendor vehicles are not permitted as a permanent or proprietary location on any property within the City. Vehicles must not be left unattended at any time, or be left onsite when inactive, or stored overnight. The regulations of this Section do not apply to mobile food vendors operating within the public right-of-way.

B. Licenses and Permit Required. Mobile food trucks operating in the City shall obtain a business license from the City. The owner and operator of a mobile food truck is responsible for obtaining all necessary licenses and permits required for the service of food and beverages, including a permit for food service from the Napa County Department of Health.

The mobile food vehicle must be in compliance with State motor vehicle laws.

C. Duration. Maximum four hours per day per lot, including set-up and clean-up. No lot may have a mobile vendor onsite for more than 90 days total in any 12-month period.

D. Allowed Products. Operations are limited to the sales of food and non-alcoholic beverages for immediate consumption.

E. Vehicle and Parking Requirements.

1. Allowed Vehicles. Operations must only be conducted from a motor vehicle, or vehicle with a trailer consistent with State law and County Health Department approvals.

Other types of food vending from a temporary structure such as a pushcart, standalone trailer, or kiosk are not allowed under this Title.

2. Required Parking. No dedicated parking spaces are required for a mobile vendor that meets the standards of this Section.

3. Overnight Parking. No overnight parking of mobile food trucks is allowed on the permitted vending site.

4. Displaced Parking. Mobile vendors may displace up to three required non-residential parking spaces for a maximum of four hours per day per parking lot, provided that no more than 10 percent of the total number of parking spaces on site are displaced.

Required parking spaces for an existing non-residential use may be displaced if the existing non-residential use is not open during the event.

5. Lighting. Mobile food truck operators must provide adequate lighting on the vehicle to ensure customer safety during business hours.

6. Paving. Mobile vendor vehicles must only be stopped or parked on a surface paved with concrete, asphalt, or another surface approved by the Community Development Director.

F. Obstructions. Mobile vendor location and operations, including customers, seating, and equipment, must not obstruct the right-of-way, sight distances, or otherwise create hazards for vehicle or pedestrian traffic. The location must comply with applicable accessibility requirements and the Americans with Disabilities Act.

Agenda Item #9.1.

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Part III, Page 98 | St. Helena Zoning Code | October 2022 Public Review Draft G. Nuisance.

1. Mobile vendors must be responsible for keeping the area clean of any litter or debris and must provide trash receptacles for customer use on site. All litter generated within a minimum of a 100-foot radius of the site must be collected prior to closure of the mobile food truck operations.

2. Mobile food trucks must not idle vehicle engines for more than five minutes during any one-hour time period.

3. Mobile food truck operators are responsible for controlling smoke and odors caused by food preparation so as to avoid a public nuisance.

4. No vendor must ring bells, play chimes, play an amplified musical system, or make any other notice to attract attention to its business while operating within City limits.

5. Separate refuse and recycling containers must be provided on site during all hours of mobile food truck operations.

6. The use of prohibited or unpermitted signs for mobile food vendors is not allowed.

H. Modifications. Modifications to the standards of this Section may be approved pursuant to Section 17.11.010, Minor Modifications to Development Standards.

17.22.160 Mobile Homes
The installation of mobile homes constructed and/or purchased after October 1976, and certified under the National Mobile Home Construction of Safety Standards Act of 1974 (42 U.S.C. § 5401 et seq.) on a foundation system pursuant to § 18551 of the Health and Safety Code must be permitted in accordance with the following conditions:

A. To be occupied only as a single-family residential use.

B. To be subject to all provisions of the zoning ordinance applicable to conventionally built dwellings.

C. To be attached to a permanent foundation system in compliance with all applicable building regulations.

D. To be covered with an exterior material customarily used on conventionally built dwellings extending to the top of the foundation.

E. To have parapet walls or roofs which utilize shingle or other materials customarily used on conventionally built dwellings.

17.22.170 Outdoor Dining and Seating
A. Permit. Administrative approval of a sidewalk dining permit is required to establish outdoor seating for dining.

1. Outdoor dining for seating that results in an increase in the number of seats must be reviewed by the Community Development Director for compliance with parking Agenda Item #9.1.

Part III: District Regulations
October 2022 Public Review Draft | St. Helena Zoning Code | Part III, Page 99 standards and by Napa County Environmental Management for compliance with regulations pertaining to food storage, health and safety.

2. For those restaurants that wish to serve alcohol outside, the licensee must obtain approval for premises expansion from the California Department of Alcoholic Beverage Control.

B. Standards. To establish outdoor seating for dining on a sidewalk, the following are required:

1. All entrances and emergency exits must be kept free of obstructions to ingress and egress.

2. A one-and-one-half-foot “recovery zone” from the edge of curb that must be kept free of obstructions, per CalTrans requirements.

3. A four-foot clear path of travel, which clearly maintains ADA compliance along the sidewalk, must be maintained to provide disabled access.

4. Tables and chairs must be brought indoors when the restaurant is closed.

5. Entertainment is not allowed on the sidewalk as part of the restaurant service.

6. An encroachment permit must be obtained from the City. The application must include documentation of required liability insurance. The City maintains the preeminent right to use the sidewalk and suspend the right to encroach whenever the sidewalk is needed for another public use or for repair.

7. No more than 20 percent of total restaurant seating may be located on the sidewalk or other public property.

8. If dogs are desired in the outdoor dining area, the following regulations must be enforced:
a. Employees and patrons must not allow dogs to come into contact with serving dishes, utensils, tableware, linens or any other items involved with food service operations.
b. Patrons must keep dogs in their charge on a leash at all times and under control.
c. Dogs must not be allowed on chairs, tables, or other furnishings. d. All table and chair surfaces must be cleaned and sanitized between seating of patrons.
e. Dog waste must be removed immediately and the area immediately cleaned and sanitized with an appropriate product.
f. Dogs must not be permitted to travel through indoor portions of the public food service establishment.

Agenda Item #9.1.

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17.22.180 Outdoor Display and Sales
A. Primary Uses. Uses that may include outdoor commercial displays and sales are limited to the following:

1. Auto dealers.

2. Bicycle sales, repair, and rentals.

3. Farmers’ markets.

4. Parking and loading areas.

5. Plant nurseries.

6. Portable shoeshine stands when the business is conducted in conjunction with an approved use, provided the shoeshine stand conducts business during the same business hours as the approved primary use.

7. Seasonal sales (Christmas trees, pumpkins, etc.).

8. Service stations.

9. Storage of building materials and supplies accessory to an approved use.

10. Any other uses which, in the opinion of the Community Development Director, require outside display or storage.

B. Standards. Provided the use is allowed (either as a permitted or conditional use) by the zoning district regulations for the zoning district in which the property is located, the following provisions apply to the incidental placement, storage, display, sale, or offer for sale of any merchandise out-of-doors or outside any completely enclosed building:

1. The merchandise or activity must be incidental and adjacent to any lawfully established business that normally sells the merchandise inside the building.

2. The merchandise or activity must not present a hazard to pedestrians or vehicles.

3. The merchandise or activity must not occupy the space formed by extending the width of any required or existing building exit, whichever is wider, to the public right-of-way.

4. The display of merchandise must not be located within the public right-of-way.

5. The merchandise or activity must not occupy any required parking spaces.

6. The storage, display or sales area is limited to 200 square feet or 10 percent of the gross floor area of the business, whichever is less.

7. Along Main Street, between Mitchell Street and Pine Street on the west side, and Pope Street to Pine Street on the east side, planter boxes and plants must not encroach more than 12 inches into the public right-of-way; must have a maximum height of four feet zero inches; and a minimum clearance of six feet of sidewalk must be kept clear for pedestrian use. These standards also apply elsewhere in the Central Business District outside of the area designated; however, the City Council may waive these standards on a case-by-case basis.

Agenda Item #9.1.

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8. Bicycle sales, repairs and rentals. Storage or display of rental vehicles is not permitted within the public right-of-way, except where the City has jurisdiction over the sidewalks and as may be allowed with a Conditional Use Permit with the following conditions:
a. One-and-one-half-foot “recovery zone” from the edge of curb that must be kept free of obstructions, per CalTrans requirement.
b. A four-foot clear path of travel along the sidewalk must be maintained to provide disabled access.
c. Bicycles/scooters must be brought indoors when the business is closed. d. An encroachment permit must be obtained from the City.

C. Use of Street or Sidewalk. Nothing in this Section may authorize the placement, storage, display, sale or offer for sale of any merchandise on any street or on any sidewalk or any other portion of the public right-of-way, with the exception of sidewalk sales permitted by subsection D.7.

D. Exceptions. No Conditional Use Permit for the outdoor storage, display or sale of the following merchandise is required for:

1. Fruits and vegetables.

2. Plants and other growing vegetation, with the limitation in subsection B.6 not applicable to nurseries.

3. Cut flowers (planter boxes subject to the standards specified in subsection B.7).

4. Gasoline pumps, oil racks and accessory items when located on pump islands.

5. Vehicles, including automobiles, trucks, motorcycles, trailers and recreational vehicles, with the limitation in subsection B.6 not applicable.

6. Areas within a completely roofed street alcove or entryway; provided, that the merchandise is inside the line of the building face.

7. Parking lot and sidewalk sales and other promotional events that involve retail sales, as long as they do not exceed 12 days total during any 12-month period with no more than three days being consecutive, regardless of the number of businesses located on the property, with the limitations in subsection B.5 and B.6 not applicable.

8. Nonpromotional events conducted by or for recognized nonprofit or charitable community groups, with the limitations in subsection B.1, B.5, and B.6 not applicable.

9. Garage and yard sales, provided they are conducted on property used for residential purposes by a resident and do not exceed three days during any six-month period, with the limitations in subsection B.1, B.5, and B.7 not applicable.

10. Merchandise associated with hardware stores and building supply stores.

11. Activities similar to the above, as determined by the Planning Commission.

Agenda Item #9.1.

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17.22.190 Service Stations
A. Approval Criteria. The following criteria must be met prior to approval of a service station:

1. The site is not closer than 100 feet to any R zoning district;

2. No block would have more than two service station sites;

3. No intersection would have more than two service station sites;

4. All operations and display of merchandise would be kept within an approved structure, except those directly required for the dispensing of gasoline, water and air, and the replenishment of oil;

5. The proposed use will not create increased traffic hazards to pedestrians when located near a church, school, theater, or other place of assembly; and

6. That the minimum landscaping requirements established in the zoning district in which the use is located have been incorporated into the design of the proposed use; and

7. The use does not include the sale of staple grocery items nor does it include a mini market, but may include the sale of snack foods, drinks, and convenience foods.

B. Public Service Facilities. All service stations must:

1. Provide restrooms on-site, at no charge, for public use during normal business hours.

The restrooms shall be continuously maintained in compliance with the standards of the county health department.

2. Provide and maintain, in usable and good working order, an air pump and radiator water hose for public use.

3. Provide petroleum and solvent waste dispensers, at no or a minimum charge, for use by customers to dispose of their used petroleum product liquids and shall accept used oil and containers during normal business hours.

4. Provide petroleum and solvent waste containers, at no or a minimal charge, for use by customers to return and to recycle their oil and other used petroleum product liquids.

5. Recycle all oil collected and make every effort to recycle the returned containers and other used petroleum product liquids.

C. Standards. The following provisions apply to the establishment and operation of service stations:

1. Service stations must be designed to maintain the scale, appearance and character of the surrounding area.

2. The location of service station islands, pumps, underground and aboveground tanks must meet the requirements of the City Fire Department and Uniform Fire Code.

3. Minimum Side and Rear Setbacks. Structures shall be set back at least 10 feet from the side and rear property lines where the adjoining parcels are located in a residential district.

Agenda Item #9.1.

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4. Vehicular Access Points. There shall be no more than two vehicular access points to/from each public right-of-way and a minimum distance of 30 feet between curb cuts along a public right-of-way.

5. Driveway Widths. The width of a driveway shall not exceed 25 feet, measured at the sidewalk.

6. Pump Island Location. Pump islands shall be set back a minimum of 15 feet from any property line to the nearest edge of the pump island. A canopy or roof structure over a pump island may encroach up to 10 feet within this distance.

7. Canopies. Canopy height shall be limited to a maximum of 18 feet.

8. Restroom Screening. Restroom entrances viewable from adjoining rights-of-way or properties shall be concealed from view by planters or screening subject to the approval of the Community Development Director.

9. Peripheral Wall.
a. Where a service station adjoins property in a residential zoning district, a solid decorative masonry wall shall be constructed along the common property line.

The height of the wall, which shall be at least six feet, shall be measured from the finished grade of the residential property. Colors, design, materials, and textures of the wall shall be compatible with on-site development and adjoining properties and subject to the approval of the City planner. b. When the wall reaches the established front setback line of a residentially zoned parcel adjoining the service station, the wall shall decrease to a maximum height of 42 inches.

D. Accessory Uses. Accessory uses of a service station which are customarily incidental and clearly subordinate to the principal use (i.e., a car wash, motor vehicle and trailer rental, sale of food and beverage items, video rental, motor vehicle fleet maintenance, etc.) may be permitted with the approval of a separate Conditional Use Permit by the Planning Commission.

17.22.200 Short-Term Rentals
A. Purpose.

1. The City Council hereby finds that unregulated transient occupancy uses in residential and agricultural district present a threat to the public welfare.

2. The purposes of the short-term rental regulations are to:
a. Establish a permitting process and appropriate restrictions and standards for short-term rental of single-family dwellings;
b. Provide a visitor experience and accommodation as an alternative to the hotel, motel, and bed and breakfast accommodations currently existing in the City; c. Ensure the collection and payment of transient occupancy taxes; Agenda Item #9.1.

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Part III, Page 104 | St. Helena Zoning Code | October 2022 Public Review Draft d. Minimize the negative secondary effects of short-term rental use on surrounding residential neighborhoods; and
e. Retain the character of the neighborhoods in which any such use occurs.

3. The short-term rental regulations are not intended to regulate hotels and bed and breakfast inns that do not qualify as short-term rentals.

4. The short-term rental regulations are not intended to provide any owner of residential property with the right or privilege to violate any private conditions, covenants and restrictions applicable to the owner’s property that may prohibit the use of such owner’s residential property for short-term rental purposes as defined in this Section.

5. The City Council also finds that the adoption of a comprehensive ordinance regulating the issuance of and operating conditions attached to Short-Term Rental Permits (refer to Section 17.05.100, Short-Term Rental Permit), is necessary to protect the public health, safety and welfare. The purposes of the short-term rental permit regulations are to:
a. Provide a permit system and to impose operational requirements in order to minimize the potential adverse impacts of transient uses in residential neighborhoods and zoning districts on traffic, noise and density; b. Ensure the health, safety and welfare of renters and guests patronizing shortterm rentals; c. Impose limitations on the total number of permits issued in order to ensure the long-term availability of the affordable housing stock; and

6. Provide for robust enforcement remedies and penalties to prevent and deter violations of this Section and unjust enrichment by those who violate this Section.

B. Short-Term Rental Permit Required. No person must use or maintain, nor must any person authorize, aid, facilitate or advertise the use of, any single-family dwelling on any parcel in any zoning district for short-term rental without a short-term rental permit. See Sec. 17.05.100, Short-Term Rental Permit.

C. Permitted Locations. Short-term rentals must be permitted in accordance with the provisions established in each zoning district and as provided in this Section.

D. Restrictions and Standards. Short-term rentals are subject to the following restrictions and standards:

1. The short-term rental use is permitted in no more than one single-family dwelling per lot.

2. The short-term rental permit must be in the name of the owner-applicant, who must be an owner of the real property upon which the short-term rental use is to be permitted. One person may hold no more than one short-term rental permit. The permit is not transferable.

3. Short-term rental uses are limited to single-family dwellings existing and constructed as of the date of application for the short-term rental permit.

Agenda Item #9.1.

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4. The total number of permits for short-term rental dwellings in the City must not exceed 25 at any time.

5. The maximum number of bedrooms used for short-term rental use in the short-term rental dwelling must be no greater than five. The total number of guests staying in the short-term rental dwelling at any one time must be no greater than two times the number of bedrooms plus two persons, up to a maximum of 12 persons.

6. Short-term rental dwellings must meet all applicable building, health, fire and related safety Codes at all times and shall be inspected by the Fire Department before any short-term rental activity can occur.

7. A minimum of two on-site parking spaces must be provided for use by the short-term rental occupants.

8. The owner-applicant must keep on file with the City the name, address, telephone number, cell phone number, and e-mail address of a local contact person who shall be responsible for responding to questions or concerns regarding the operation of the short-term rental. This information must be posted in a conspicuous location within the short-term rental dwelling. The local contact person shall be available 24 hours a day to accept telephone calls and respond physically to the short-term rental within 30 minutes when the short-term rental is rented and occupied. The City shall post the name and contact information of the local contact person associated with each shortterm rental on the City’s webpage. The City reserves the right to reject a local contact person if their location is out of the area.

9. The owner-applicant must post “house policies” within each guest bedroom. The house policies must be included in the rental agreement, which must be signed by the renter and must be enforced by the owner-applicant or the owner-applicant’s designated contact person. The house policies at a minimum must include the following provisions:
a. Quiet hours must be maintained from 10:00 P.M. to 7:00 A.M., during which noise within or outside the short-term rental dwelling must not disturb anyone on a neighboring property.
b. Outdoor amplified sound is prohibited.
c. Except as permitted by the Community Development Director, vehicles must be parked in the designated on-site parking area and must not be parked on the street overnight.
d. Parties or group gatherings which exceed the maximum number of allowed guests and/or which have the potential to cause traffic, parking, noise or other problems in the neighborhood are prohibited from occurring at the short-term rental property, as a component of short-term rental activities. e. Guests must not leave any waste or trash outside the house.

10. Auctions, weddings, commercial functions, and any other similar events which have the potential to cause traffic, parking, noise or other problems in the neighborhood are prohibited.

Agenda Item #9.1.

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11. The owner-applicant must ensure that the occupants and/or guests of the short-term rental use do not create unreasonable noise or disturbances, engage in disorderly conduct, or violate provisions of this Code or any state law pertaining to noise, disorderly conduct, the consumption of alcohol, or the use of illegal drugs or be subject to fines and penalties levied by the City up to and including revocation of the short-term rental permit.

12. The owner-applicant, upon notification that occupants and/or guests of his or her short-term rental use have created unreasonable noise or disturbances, engaged in disorderly conduct or committed violations of this Code or state law pertaining to noise, disorderly conduct, the consumption of alcohol or the use of illegal drugs, must prevent a recurrence of such conduct by those occupants or guests or be subject to fines and penalties levied by the City up to and including revocation of the short-term rental permit.

13. All advertising for any short-term rental, including electronic advertising on short-term rental websites, must include the number of the short-term rental permit granted to the owner-applicant.

14. The owner-applicant must maintain City business licenses and pay all transient occupancy taxes in accordance with St. Helena Municipal Code Chapter 3.28, Transient Occupancy Tax, as required.

15. Preference for the review and issuance of new short-term rental permits must be given to current residents of St. Helena over nonresident applicants. Applicants whose primary residence is within the City must be reviewed and acted on ahead of other nonresident applications to implement the local preference policy for short-term rental permits.

16. Applicants for short-term rental permits are required to have owned their homes for a minimum of three years prior to applying for and being issued a short-term rental permit.

17. Short-term rental permit holders are required to rent their properties on a short-term basis for a minimum (average) of 60 days per year. Individual permit holders who do not meet this minimum rental activity may (at the determination of the Community Development Director) have their renewal denied and/or reviewed by the Planning Commission at a noticed public hearing. Short-term rental permit holders who utilize their primary residence for short-term rental activities are exempted from this requirement.

17.22.210 Single-Room Occupancy Units
Single room occupancy (SRO) units must be located, developed, and operated in compliance with the following standards:

A. Maximum Occupancy. Each SRO living unit must be designed to accommodate a maximum of two persons.

B. Minimum Size. An SRO living unit must have at least 150 square feet of floor area, excluding closet and bathroom. No individual unit may exceed 400 square feet.

Agenda Item #9.1.

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October 2022 Public Review Draft | St. Helena Zoning Code | Part III, Page 107 C. Minimum Width. A one room SRO must not be less than 12 feet in width.

D. Entrances. All SRO units must be independently accessible from a single main entry, excluding emergency and other service support exits.

E. Cooking Facilities. Cooking facilities must be provided either in individual units or in a community kitchen. Where cooking is in individual SRO units, SRO units must have a sink with hot and cold water; a counter with dedicated electrical outlets and a microwave oven or properly engineered cook top unit pursuant to Building Code requirements; a small refrigerator; and cabinets for storage.

F. Bathroom. An SRO unit is not required to but may contain partial or full bathroom facilities.

A partial bathroom facility must have at least a toilet and sink; a full facility must have a toilet, sink and bathtub, shower or bathtub/shower combination. If a full bathroom facility is not provided, common bathroom facilities must be provided in accordance with the Building Code for congregate residences with at least one full bathroom per floor.

G. Closet. Each SRO unit must have a separate closet.

H. Common Area. Common area in an amount equal to 10 square feet per living unit must be provided, excluding janitorial storage, laundry facilities and common hallways. At least 200 square feet in area of interior common space must be provided as a ground floor entry area that provides a central focus for tenant social interaction and meetings. The common area must provide wi-fi for tenants.

I. Income Restriction. One hundred percent of units must be designated as affordable at the low-income level or very-low income level.

J. Tenancy. Tenancy of SRO units are limited to 30 or more days.

K. Facility management. An SRO facility with 10 or more units must provide full-time on-site management. An SRO facility with less than 10 units must provide a management office onsite.

L. Management Plan. A management plan must be submitted with the minor use permit application for all SRO projects. At minimum, the management plan must include the following:

1. Security/Safety. Proposed security and safety features such as lighting, security cameras, defensible space, central access, and user surveillance;

2. Management Policies. Management policies including desk service, visitation rights, occupancy restrictions, and use of cooking appliance;

3. Rental Procedures. All rental procedures, including weekly and monthly tenancy requirements;

4. Staffing and Services. Information regarding all support services, such as job referral and social programs; and

5. Maintenance. Maintenance provisions, including sidewalk cleaning and litter control, recycling programs, general upkeep, and the use of durable materials.

Agenda Item #9.1.

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17.22.220 Small Recycling Facilities
A Minor Use Permit for the establishment of a small recycling center shall be conditioned upon compliance with the following requirements:

A. Location. A small recycling center must not be located in any required setback.

B. Screening. Small recycling centers must be screened from the public right-of-way by landscaping (fences or walls fence may be used if located outside a required setback). The landscaping must generally be planned and installed in accordance with the Chapter 17.25, Landscaping. Any impairment of existing landscaping or landscaping required pursuant to this Title must be mitigated by installing a similar amount of landscaping.

C. Operations.

1. May not exceed 500 square feet including mobile recycling units, nonprofit drop-off facilities and reverse vending machines.

2. Only glass, metals, plastic containers and paper may be accepted at a small recycling center. Motor oil must not be collected for recycling at a small recycling center.

3. No power-driven processing equipment is allowed except for reverse vending machines.

4. Containers used for the collection and storage of recyclable materials must be constructed of a durable waterproof and rustproof material, covered when the site is not attended, secured from unauthorized entry or removal of material and must have a capacity sufficient to accommodate materials collected between collection schedules.

5. Containers must be clearly marked to:
a. Identify the type of material which may be deposited in each container; b. The name and telephone number of the operator and hours of operation; and c. Shall display a notice stating that no material is to be left outside the recycling enclosure or containers.

6. Attended facilities located within 100 feet of property zoned or occupied for residential use must operate only during the hours between 9 AM and 7 PM. Containers for the 24-hour donation of materials must be located at least 500 feet from any property zoned or occupied for residential use unless there is acoustical shielding between the containers and residential use. In no event must the containers for the 24-hour donation of materials be located less than 30 feet from property zoned for residential use.

D. Maintenance. The site must be maintained free of litter and any other undesirable materials and must be picked up and cleaned on a daily basis.

E. Signs. Signs on recycling containers must comply with the following:

1. The maximum sign area allowed must be 35 percent per side of the container or nine square feet (whichever is less) with a total sign area of 40 square feet for all containers.

These may be in addition to the informational signs required by subsection C.5. In the Agenda Item #9.1.

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October 2022 Public Review Draft | St. Helena Zoning Code | Part III, Page 109 case of a wheeled container, the side will be measured from the pavement to the top of the container.

2. On-site directional signs may be allowed to facilitate traffic circulation or if the facility is not visible from the public right-of-way.

3. These regulations are in addition to the sign standards established in Chapter 17.27, Signs.

F. Parking.

1. No additional parking spaces are required for a small recycling center, over and above those required for the principal use. Mobile recycling units must have an area clearly marked to prohibit other vehicular parking during the hours mobile unit is to be present.

2. Occupation of parking spaces by the facility and by the attendant may not reduce available parking spaces below the minimum number required for the principal use unless the facility is located in a convenience zone as designated by the California Department of Conservation.

G. Permit.

1. The Minor Use Permit for a small recycling center is valid for a period of time not to exceed five years, after which time it may be reviewed for another five years. If at any time the small recycling center is not in use for six months or more, it must be immediately removed from the site and the Community Development Director notified.

2. Applicants seeking approval for a small recycling center shall submit plans and other information sufficient to demonstrate compliance with the above requirements including the name, address and telephone number of the person responsible for the daily maintenances and periodic collection of recyclable materials and written approval from the property owner.

3. The above requirements may be waived or modified by the Community Development Director if the result is to improve the overall function, site operation or appearance of the small recycling center; or that the design and/or location of the small recycling center makes the above unnecessary.

17.22.230 Small Wineries
A. Purpose. The purpose of the small winery regulations is to:

1. Promote and implement the policies of the General Plan to preserve agricultural land uses within the City;

2. Support the economic feasibility of continuing agricultural use of the land where individual property owners can process grape crop into wine within a privately owned facility; and

3. Support the establishment of smaller, locally owned and operated wineries where an existing residential use exists.

Agenda Item #9.1.

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Part III, Page 110 | St. Helena Zoning Code | October 2022 Public Review Draft B. Applicability.

1. The reestablishment of pre-prohibition wineries may be permitted within any zoning district, except the W (Winery) zoning district, in compliance with the regulations in Section D.

2. The reestablishment of pre-prohibition wineries in the W (Winery) zoning district must comply with the winery district regulations in Chapter 17.19, Community Agriculture and Natural Resource Districts.

C. Uses Prohibited.

1. Events which are open to members of the general public who are not members of the wine trade or who do not have pre-established business relationships with the Small Winery or its owner/operator are not permitted.

2. Facilities for assembly, public sales or entertaining including retail sales rooms, visitor centers, dining rooms separate from that within the residential unit, kitchens or food service facilities are prohibited.

D. Pre-prohibition Wineries.

1. The reestablishment of a pre-prohibition winery may be permitted with approval of a Conditional Use Permit.

2. The following findings must be made in order to approve a Conditional Use Permit for the reestablishment of a pre-prohibition winery:
a. There is substantial evidence proving that the subject structure was used as a winery building prior to January 16, 1920.
b. More than 50 percent of the exterior of the original historic structure remains standing.

3. The appearance of the renovated building must be consistent with the original appearance of the building, as documented by photographs or as recommended by a qualified architectural historian.

4. Pre-prohibition winery status may allow modification of regulations of the underlying zoning district to preserve the historic nature of the structure.

5. Pre-prohibition wineries are not automatically entitled to the prior annual production capacity, or type or intensity of prior social or marketing activities. Pre-prohibition winery operations must be consistent with all small winery regulations contained in subsections E through G.

6. Conditions of approval for a Conditional Use Permit to reestablish a pre-prohibition winery must provide for the continued preservation of the historic nature of the structure through rezoning to include an Historic Preservation Overlay or other means deemed suitable.

7. Construction must comply with the California Uniform Building Code and/or the State Historic Building Code, as amended and adopted by the City.

Agenda Item #9.1.

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October 2022 Public Review Draft | St. Helena Zoning Code | Part III, Page 111 E. Development and Use Standards.

1. Parcel size.
a. Small wineries are allowed only on parcels of five acres or greater in size; however, exceptions may be granted if it can be demonstrated that there will be minimal impact upon surrounding properties.
b. Small wineries that host tastings or other are allowed only on parcels 10 acres or greater in size; however, exceptions may be granted if it can be demonstrated that there will be minimal impact upon surrounding properties.

2. Small wineries must be an accessory use to a residential use. The residential use must be the primary residence of the winery owner.

3. The development of small wineries must be consistent with the development standards for accessory buildings for the zoning district in which the small winery is located, except that more restrictive standards may be applied if it is determined that the winery building or operations will have a negative impact upon other properties in the vicinity.

4. Only one small winery is permitted per parcel.

5. A minimum of 85 percent of the grape source utilized for the wine produced at the small winery must be grown on the premises, on parcels whose property lines adjoin the parcel upon which the small winery is located, or on any parcel that is immediately adjacent to or across any public or private street, excluding Highway 29, from that parcel upon which the small winery is located.

6. There must be a direct correlation between the yearly production limit of the small winery and the anticipated tonnage of grapes. A general guideline for establishing the production limit is 1,000 gallons per acre of vineyard planted on the property where the small winery is located; however, the general guideline can vary depending upon the crop yield of the particular vineyard.

7. Pursuant to Section 13.04.100(f), no municipal water may be utilized for the small winery operations or vineyard irrigation.

8. A minimum of three parking spaces (two standard parking spaces and one accessible parking space) must be provided with the winery use. Additional parking spaces may be required depending upon the number of employees employed at the winery. All employees must park on-site.

F. CUP Requirements and Conditions.

1. All private visitor and event parking, including employee parking, must be provided on-site.

2. Wine marketing events are limited to a maximum of one event per calendar month.

3. The maximum number of guests allowed at any private wine marketing event must not exceed the Fire Code occupancy of the small winery building. This maximum capacity shall be posted in a conspicuous place in the small winery building.

Agenda Item #9.1.

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4. Conditional Use Permit conditions shall state the maximum number of guests per event and may impose stricter limitations if residential development on adjoining parcels is within 400 feet of the new small winery use.

5. Amplified music outdoors is not permitted within 500 feet of a residence.

6. There can be no advertising in publications produced for general distribution for private wine marketing events and all attendees must have been specifically invited to participate in the private wine marketing event by the small winery owner/operator.

Because facilities for assembly or entertaining are prohibited, all private wine marketing events must be held within the confines of the on-site residential unit, the production area of the small winery building, or outside.

7. The establishment of on-premises wine sales will be determined during the process for consideration of a Conditional Use Permit. If wine sales are to be allowed, they must be restricted only to wine that is produced on the parcel on which the small winery is located. No merchandise must be sold.

8. The hours of sales must be by appointment only as reviewed during the process for consideration of a Conditional Use Permit.

G. Inspection, Fees, and Licenses.

1. A business license is required prior to the commencement of operation of a small winery.

2. The Building and Community Development Director must inspect small wineries as often as necessary to ensure compliance with this Article and Conditional Use Permit conditions. An inspection fee must be set by resolution of the City Council.

17.22.240 Solar Energy Systems
Solar energy systems must be located, developed, and operated in compliance with the following standards:

A. Height.

1. Ground-Mounted Solar Energy Systems. The maximum height of a ground-mounted solar energy collector system is 25 feet or the maximum height allowed in the underlying zoning district, whichever is less.

2. Roof-Mounted Solar Energy System. Solar energy systems may extend up to five feet above the roof surface on which they are installed and are excluded from the maximum height limit of the zone in which they are located.

B. Required Setback. Solar energy systems less than six feet in height may be installed within a required side and rear setback, but no closer than three feet to any property line. All other solar energy systems must meet the required setback of the underlying zoning district.

Agenda Item #9.1.

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17.22.250 Temporary Uses
A. Purpose. This Section establishes regulations to ensure that short-term activities on privately or publicly owned property will be compatible with surrounding areas.

B. Permit. A Temporary Use Permit allows the short-term activities listed in subsection D (Allowed Temporary Activities) that may not comply with the normal development or use standards of the applicable zoning district but may otherwise be acceptable because of their temporary nature. Temporary Use Permits, issued in accordance with Section 17.05.110, Temporary Use Permit, are not subject to design review or standard parking requirements otherwise restricted by this Code.

C. Exempt Temporary Activities. The following allowed temporary activities are exempt from the requirement for a Temporary Use Permit. Activities that do not fall within the categories defined below must comply with subsection D (Allowed Temporary Activities).

1. Construction Yards—On-Site. On-site contractors’ storage yards of less than one acre, including a work trailer, only in conjunction with an approved construction project located on the same site. The contractor’s storage yard must be removed immediately upon completion of the construction project, or the expiration of the companion building permit authorizing the construction project, whichever first occurs.

2. Emergency Facilities. Emergency public health and safety needs/activities, as determined by City Council or City Manager.

3. Location Filming. The temporary use of a specific site for the location filming of commercials, movies, videos, etc., as regulated and approved by the City Manager pursuant to St. Helena Municipal Code Chapter 5.24, Film Permits.

4. Garage Sales or Similar Sales Activities. The sale of personal goods which are owned by the household, or neighboring households located on residentially zoned property, for up to three consecutive days and three times within a 12-month period.

5. Public Property. Activities conducted on public properties that are approved by the City Council.

6. Nonprofit Special Events. Special events (such as carwashes, bake sales, rummage sales or flea markets) conducted by or for a recognized nonprofit or charitable community group may be conducted on the grounds of a religious institution, commercial property, school or other permanent place of public assembly up to three days during any six-month period provided they meet the following standard or provisions:
a. Event activities do not block a building exit, present a hazard to pedestrians or vehicles, reduce the width of a pedestrian walkway to less than required ADA access dimensions, significantly reduce on-site parking or occupy a fire lane. b. If the merchandise or activity is proposed for location on any street, sidewalk or public right-of-way, an encroachment permit must be secured from the public works department.

Agenda Item #9.1.

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Part III, Page 114 | St. Helena Zoning Code | October 2022 Public Review Draft c. If any commercial vendors are involved in the event, they must secure a business license from the Finance Department pursuant to Title 5, Business Licenses and Regulations.
d. Nonprofit special events occurring more frequently than three days during any six-month period must require a Conditional Use Permit or Temporary Use Permit.

D. Allowed Temporary Activities. The following temporary activities may be allowed within the specified time limits, but in no case for more than 12 months, subject to the issuance of a Temporary Use Permit by the Community Development Director. Other temporary or shortterm activities that do not fall within the categories defined below must instead comply with the Temporary Use Permit requirements and development standards that otherwise apply to the property.

1. Events. Arts and crafts exhibits, carnivals, concerts, fairs, farm stands, festivals, flea markets, food events, outdoor entertainment/sporting events, and swap meets for up to 14 consecutive days, or six two-day weekends, within a 12-month period, when conducted on nonresidential properties. Decisions on large scale temporary uses such as concerts or festivals which are intended to draw large numbers of individuals (i.e., 400 or more people) to the temporary use in a single day may be elevated to the Planning Commission at the discretion of the Community Development Director.

2. Pop-Up Uses. Retail sales, museums, outdoor movies for commercial profit, outdoor dining in junction with a restaurant, art exhibits, restaurants or cafes for up to 12 months when conducted on nonresidential properties.

3. Formula Pop-Up Uses. Pop-up uses meeting the definition of a “formula business” are limited to 90 days of operation when conducted on nonresidential properties.

4. Seasonal Sales Lots. Seasonal sales activities (e.g., Halloween, Thanksgiving, Christmas, etc.) including temporary residence/security trailers, on nonresidential properties, for up to 30 days and four times within a 12-month period.

5. Temporary Structures. A temporary classroom, office, or similar structure, including a manufactured or mobile unit, may be approved for a maximum of 12 months from the date of approval without Design Review, to accommodate an existing approved primary or accessory use, or as the first phase of a development project. The type of temporary use must be allowed within the base zoning district.

6. Temporary Off-site Storage. Temporary off-site storage requires a Minor User Permit and is limited to a period of one year, with an extension at the discretion of the Director.

7. Similar Temporary Activities. Similar temporary activities that the Community Development Director determines are compatible with the zoning district and surrounding land uses.

Agenda Item #9.1.

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17.22.260 Time Share Uses
A. Purpose and Findings.

1. There is a critical shortage of permanent, long-term housing in St. Helena.

2. A limited supply of suitable vacant land, land values, and market demand for land for other uses, including but not limited to use of property for vineyards, have limited the construction of additional housing in the City.

3. St. Helena is a popular tourist destination known for its scenic Napa Valley location, exceptional wineries and restaurants, historic Main Street and small town agricultural character.

4. St. Helena stands out in the Napa Valley for its ability to attract visitors while also supporting the needs of its resident population. Maintaining the balance between the quality of life for residents and those who work in the City and the visitors who help to sustain the City’s tourist economy is key to maintaining a sustainable community and a stable economy.

5. Time-share uses are not an appropriate land use in the City’s residential districts due to the multiple occupancy of time-share properties, the short-term, tourist oriented use of such property and commercial management of time-share facilities, all of which create increased traffic generation, excessive noise, disruption to residential communities through commercial-level maintenance of the time-share facilities, and therefore are appropriately confined to commercial zoning districts.

6. Conversion of permanent housing to time-share facilities removes existing housing units from the City’s existing stock and exacerbates an already severe housing shortage.

7. It is, therefore, in the public interest to prohibit conversions of existing housing units into time-share facilities, as to do so eliminates needed housing stock by diverting those units to a tourist-oriented, commercial use. (Ord. 22-5 § 2) B. Definitions. For purposes of this Chapter, the following words and phrases shall have the meaning respectively ascribed to them by this Section:

1. “Accommodation” means any dwelling unit, apartment, condominium or cooperative unit, hotel or motel room, or other structure constructed for residential use and occupancy, including but not limited to a single-family dwelling, or unit within a two family dwelling, three family dwelling, multiple family dwelling, or townhouse dwelling as defined in Chapter 17.33, Definitions of Uses.

2. “Building” shall have the meaning ascribed to it by Chapter 17.32, Definitions of Terms.

3. “Dwelling unit” shall have the meaning ascribed to it by Chapter 17.32, Definitions of Terms.

4. “Managing entity” means the person who undertakes the duties, responsibilities and obligations of the management of a time-share plan.

Agenda Item #9.1.

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5. “Person” means a natural person, corporation, limited liability company, partnership, joint venture, association, estate, trust, or other legal entity, or any combination thereof.

6. “Time-share instrument” means one or more documents, by whatever name denominated, creating or governing the operation of a time-share plan and includes the declaration dedicating accommodations to the time-share plan.

7. “Time-share interest” means the right to exclusively occupy a time-share property for a period of time on a recurring basis pursuant to a time-share plan, regardless of whether or not such right is coupled with a property interest in the time-share property or a specified portion thereof.

8. “Time-share plan” means any arrangement, plan, scheme, or similar device, whether by membership agreement, bylaws, shareholder agreement, partnership agreement, sale, lease, deed, license, right to use agreement, or by any other means, whereby a purchaser, in exchange for consideration, receives the right to exclusive use of an accommodation or accommodations, whether through the granting of ownership rights, possessory rights or otherwise, for a period of time less than a full year during any given year, on a recurring basis for more than one year, but not necessarily for consecutive years.

9. “Time-share property” means one or more accommodations subject to the same timeshare plan, together with any other property or rights to property appurtenant to those accommodations.

10. “Time-share use” means the use of one or more accommodations or any part thereof, as a time-share property pursuant to a time-share plan.

C. Time-share Uses Restricted to Service Commercial (SC) and Central Business (CB) Districts. Time-share uses are conditional uses within the City’s Service Commercial (SC) District and Central Business (CB) District, subject to approval of a conditional use permit applied for and approved in conformance with this Chapter. Time-share uses are not permitted in all other Zoning Districts in the City.

D. Application Process and Development Standards.

1. Application Process. Approval of a conditional use permit for time-share uses in the SC or CB Zoning Districts.. In addition to the application requirements contained in Chapter 17.04, Common Procedures, and Chapter 17.05, Planning Permits and Approvals, an application for a time-share use shall be accompanied by the following documents which shall be subject to the approval of the Community Development Director:
a. Management Plan. A management plan shall describe the methods employed by the applicant to guarantee the future adequacy, stability, and continuity of a satisfactory level of management and maintenance of the time share use. b. Application Requirements. In addition to any application requirements established by this Section and any other applicable requirements of this Code, the following information shall be submitted as part of any application to develop or establish a time-share use:

Agenda Item #9.1.

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October 2022 Public Review Draft | St. Helena Zoning Code | Part III, Page 117 i. Typical floor plans for each accommodation.
ii. The phasing of the construction of the accommodations on the timeshare property, if applicable. iii. A description of any ancillary uses which are proposed in conjunction with the time share use.
iv. A description of the method of management of the time share use and indication of the management entity for the time-share property. v. Any restrictions on the use or occupancy of the accommodations. vi. Any other information or documentation the applicant, City staff or commission deems reasonably necessary to the consideration of the time-share use, including any required environmental documents.

2. Development Standards and Operational Requirements. Notwithstanding any other provision of this Chapter, the following conditions must be met by any time-share use in any conditionally permitted zone. Additional requirements may be attached to a Conditional Use Permit or development agreement if found to be necessary to assure that the time-share use meets the intent of this Chapter:
a. Time-share uses developed in the SC or CB Zoning District shall be limited to accommodations in upper floors in conjunction with a mixed-use project. b. No existing residential use in the SC or CB Zoning District shall be converted to a time-share use.
c. Development Standards. The time-share use shall comply with all development standards for the zone in which it is located.
d. Parking. Parking shall be provided as follows:
i. For accommodations of two or fewer bedrooms, one parking space shall be provided for each accommodation.
ii. For accommodations of three or more bedrooms, two parking spaces shall be provided for each accommodation.
e. Modification or Waiver of Standards. The planning commission may modify or waive one or more of the regulations contained in this Section if it determines that strict compliance is not necessary to achieve the purpose and intent of this Section.

E. Violations, Enforcement and Civil Penalties.

1. Any responsible person, including but not limited to an owner of a time-share interest, management entity, agent, or broker who uses, or allows the use of, or advertises or causes to be printed, published, advertised or disseminated in any way and through any medium, the availability for sale or use of an accommodation in violation of this Chapter is guilty of a misdemeanor for each day in which such accommodation is used, allowed to be used, or advertised for sale or use in violation of this Chapter. Such violation shall be punishable pursuant to St. Helena Municipal Code Chapter 1.20, General Penalties.

Agenda Item #9.1.

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2. Time-share use, and/or advertisement for time-share use, of an accommodation in violation of this Chapter is a threat to public health, safety or welfare and is thus declared to be unlawful and a public nuisance. Any such nuisance may be abated and/or restored by the enforcement official and also may be abated pursuant to St.

Helena Municipal Code Chapter 1.12, Enforcement Procedures, except that the civil penalty for a violation shall be $1,000.00. Each day the violation occurs shall constitute a separate offense.

3. Any responsible person who violates this Chapter shall be liable and responsible for a civil penalty of $1,000.00 per violation per day such violation occurs. The City may recover such civil penalty by either civil action or administrative citation. Such penalty shall be in addition to all other costs incurred by the City, including without limitation the City’s staff time, investigation expenses and attorney’s fees. a. Where the City proceeds by civil action, the court shall have discretion to reduce the civil penalty based upon evidence presented by the responsible person that such a reduction is warranted by mitigating factors including, without limitation, lack of culpability and/or inability to pay. Provided, however, that in exercising its discretion the court should consider the purpose of this Chapter to prevent and deter violations and whether the reduction of civil penalties will frustrate that purpose by resulting in the responsible person’s enrichment or profit as a result of the violation of this Chapter. In any such civil action the City also may abate and/or enjoin any violation of this Chapter.
b. Where the City proceeds by administrative citation, the City shall provide the responsible person notice of the right to request an administrative hearing to challenge the citation and penalty, and the time for requesting that hearing. i. The responsible person shall have the right to request the administrative hearing within 45 days of the issuance of the administrative citation and imposition of the civil penalty. To request such a hearing, the responsible person shall notify the City Clerk in writing within 45 days of the issuance of the citation. The appeal notification shall include all specific facts, circumstances and arguments upon which the appeal is based.
ii. The City manager is hereby authorized to designate a Hearing Officer to hear such appeal. The City Hearing Officer shall conduct a hearing on the appeal within 90 days of the request for the hearing unless one of the parties requests a continuance for good cause. The Hearing Officer shall only consider those facts, circumstances or arguments that the property owner or responsible person has presented in the appeal notification.
iii. The Hearing Officer shall render a decision in writing within 30 days of the conclusion of the hearing. The Hearing Officer shall have discretion to reduce the civil penalty based upon evidence presented by the property owner or responsible person that such a reduction is warranted by mitigating factors including, without limitation, lack of Agenda Item #9.1.

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October 2022 Public Review Draft | St. Helena Zoning Code | Part III, Page 119 culpability and/or inability to pay. Provided, however, that in exercising its discretion the Hearing Officer should consider the purpose of this Chapter to prevent and deter violations and whether the reduction of civil penalties will frustrate that purpose by resulting in the property owner’s or responsible person’s enrichment or profit as a result of the violation of this Chapter.
iv. Any aggrieved party to the Hearing Officer’s decision on the administrative appeal may obtain review of the decision by filing a petition for writ of mandate with the Napa County superior court in accordance with the timelines and provisions set forth in Government Code § 53069.4.
v. If, following an administrative hearing, appeal, or other final determination, the owner of the property is determined to be the responsible person for the civil penalty imposed by this Section, such penalty, if unpaid within 45 days of the notice of the final determination, shall become a lien to be recorded against the property on which the violation occurred pursuant to St. Helena Municipal Code Chapter 1.12, Enforcement Procedures. Such costs shall be collected in the same manner as county taxes, and thereafter the property upon which they are a lien shall be sold in the same manner as property now is sold for delinquent taxes.

4. Any violation of this Chapter may also be abated and/or restored by the enforcement official and also may be abated pursuant to St. Helena Municipal Code Chapter 1.12, except that the civil penalty under St. Helena Municipal Code Chapter 1.12, Enforcement Procedures, for a violation shall be $1,000.

5. Each day the violation of this Chapter occurs shall constitute a separate offense.

6. The remedies under this Chapter are cumulative and in addition to any and all other remedies available at law and equity.

17.22.270 Wireless Telecommunication Facilities
A. Purpose. The purpose and intent of this Section is to provide uniform and comprehensive standards for the approval and design of telecommunication facilities. These regulations are designed to protect and promote public health, safety, and community welfare while at the same time not unduly restricting the development of needed telecommunication facilities.

They have been also developed to further the policies of the General Plan. It is intended that these regulations specifically accomplish the following:

1. Ensure that new telecommunication facilities are installed in a manner that minimizes their visual impact on the community;

2. Protect the environmental resources of the City;

3. Create telecommunication facilities that will serve as an important and effective part of the City’s emergency response network; and
Agenda Item #9.1.

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4. Simplify and shorten the process for obtaining necessary permits for telecommunication facilities while protecting the legitimate interests of the City’s citizens.

B. Applicability and Exemptions. The requirements of this Section apply to all telecommunication facilities on private property and public property not including the public right-of-way that transmit and/or receive electromagnetic signals, including but not limited to personal communications services (cellular and paging) and radio and television broadcast facilities. The requirements apply to telecommunication facilities that are the primary use of a property and those that are accessory facilities, except that the following accessory facilities are exempt:

1. Licensed amateur (ham) radio and citizen band operations.

2. Hand-held, mobile, marine, and portable radio transmitters and/or receivers.

3. Public safety communications radio.

4. Radio and television mobile broadcast facilities.

5. Antennas and equipment cabinets or rooms completely located inside of permitted structures.

6. A temporary telecommunication facility mounted on a trailer or a portable foundation, with approval of the City Manager for an emergency for a period of up to one year.

7. A single ground- or building-mounted dish antenna not exceeding the maximum height permitted by this Section, including any mast, subject to the following restrictions:
a. Satellite Dish 39.37 inches (one meter) or less. A satellite dish antenna 39.37 inches (one meter) or less in diameter and (a) intended for the sole use of a person occupying the same parcel to receive direct broadcast satellite service, including direct-to-home satellite service, or to receive or transmit fixed wireless signals via satellite or (b) a hub or relay antenna used to receive or transmit fixed wireless services that are not classified as telecommunications services, is permitted anywhere on a lot provided it does not exceed the height of the ridgeline of the primary structure on the same parcel. b. Non-Satellite Dish 39.37 inches (one meter) or Less. A dish antenna 39.37 inches (one meter) or less in diameter or diagonal measurement and (a) intended for the sole use of a person occupying the same parcel to receive video programming services via multipoint distribution services, including multichannel multipoint distribution services, instructional television fixed services, and local multipoint distribution services, or to receive or transmit fixed wireless signals other than via satellite or (b) a hub or relay antenna used to receive or transmit fixed wireless services that are not classified as telecommunications services, is permitted anywhere on a lot.

8. An antenna that is less than 25 feet in height and that is mounted on any existing building or other structure. The antenna shall be for the sole use of a person occupying Agenda Item #9.1.

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October 2022 Public Review Draft | St. Helena Zoning Code | Part III, Page 121 the same parcel on which the antenna is located to receive television broadcast signals.

9. Any antenna or wireless communications facility that is exempt from local regulation pursuant to the rules and regulations of the Federal Communications Commission (FCC) or a permit issued by the California Public Utilities Commission (CPUC). The owner or operator of such facility shall provide the Community Development Director with a copy of a current FCC or CPUC permit or a copy of applicable FCC regulations prior to its installation.

10. Minor modifications to existing wireless facilities as determined by the Community Development Director that replace existing equipment in-kind or with smaller or less visible equipment, that meet the standards set forth in this Section, and will have little or no change in the visual appearance of the facility.

C. Definitions of Telecommunications Terms.

1. Antenna. Any system of wires, poles, rods, reflecting discs, or similar devices used for the transmission or reception of electromagnetic waves when such system is operated or operating from a fixed location.

2. Base Station. A structure or equipment at a fixed location that enables FCC-licensed or authorized wireless communications between user equipment and a communications network. The term does not encompass a tower as defined in this subpart or any equipment associated with a tower.
(i) The term includes, but is not limited to, equipment associated with wireless communications services such as private, broadcast, and public safety services, as well as unlicensed wireless services and fixed wireless services such as microwave backhaul.
(ii) The term includes, but is not limited to, radio transceivers, antennas, coaxial or fiber-optic cable, regular and backup power supplies, and comparable equipment, regardless of technological configuration (including distributed antenna systems and small-cell networks).
(iii) The term includes any structure other than a tower that, at the time the relevant application is filed with the State or local government under this Section, supports or houses equipment described in subsections (i) and (ii) of this definition that has been reviewed and approved under the applicable zoning or siting process, or under another State or local regulatory review process, even if the structure was not built for the sole or primary purpose of providing such support. (iv) The term does not include any structure that, at the time the relevant application is filed with the State or local government under this Section, does not support or house equipment described in subsections (i)-(ii).

3. Collocation. (1) Mounting or installing a wireless telecommunication facility on a preexisting structure; and/or (2) Modifying a structure for the purpose of mounting or installing a wireless telecommunications facility on that structure. For the purposes of Agenda Item #9.1.

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Part III, Page 122 | St. Helena Zoning Code | October 2022 Public Review Draft Eligible Facilities Requests, collocation means the mounting or installation of transmission equipment on an existing tower or base station.

4. Eligible Facilities Request. Any request for modification of an existing tower or base station that does not substantially change the physical dimensions of such tower or base station, involving:
(i) Collocation of new transmission equipment;
(ii) Removal of transmission equipment; or
(iii) Replacement of transmission equipment.

5. Fixed wireless signal. Any commercial non-broadcast communications signals transmitted via wireless technology to and/or from a fixed customer location. Fixed wireless signals do not include, among other things, AM radio, FM radio, amateur (“HAM”) radio, CB radio, and Digital Audio Radio Service (DARS) signals.

6. Hub or relay antenna. Any antenna that is used to receive or transmit fixed wireless signals for the distribution of fixed wireless services to multiple customer locations as long as the antenna serves a customer on whose premises it is located but excludes any hub or relay antenna that is used to provide any telecommunications services or services that are provided on a commingled basis with telecommunications services.

7. Lattice tower. A sub-type of tower; a three or more legged structure designed and erected on the ground to support wireless telecommunication antennas and connecting appurtenances.

8. Monopole. A sub-type of tower; a structure of single pole (non-lattice) design and erected on the ground to support wireless telecommunications antennas and connecting appurtenances.

9. Satellite dish or Non-satellite dish. A sub-type of antenna incorporating a reflective surface that is solid, open mesh, or bar configured that is shallow dish, cone, horn, or cornucopia shaped and is used to transmit and/or receive electromagnetic signals.

This definition is meant to include, but is not limited to, what are commonly referred to as satellite earth stations, TVROs and satellite microwave antennas.

10. Small wireless facilities. Facilities that meet each of the following conditions:
(1) The facilities -
(i) Are mounted on structures 50 feet or less in height including their antennas as defined in this Section
(ii) Are mounted on structures no more than 10 percent taller than other adjacent structures; or
(iii) Do not extend existing structures on which they are located to a height of more than 50 feet or by more than 10 percent, whichever is greater; (2) Each antenna associated with the deployment, excluding associated antenna equipment (as defined in the definition of antenna), is no more than three cubic feet in volume;
Agenda Item #9.1.

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October 2022 Public Review Draft | St. Helena Zoning Code | Part III, Page 123 (3) All other wireless equipment associated with the structure, including the wireless equipment associated with the antenna and any pre-existing associated equipment on the structure, is no more than 28 cubic feet in volume; (4) The facilities do not require antenna structure registration under CFR Part 17; (5) The facilities are not located on Tribal lands, as defined under 36 CFR 800.16(x); and
(6) The facilities do not result in human exposure to radiofrequency radiation in excess of the applicable safety standards specified in 47 CFR § 1.1307(b).

11. Stealth design. Improvements or treatments added to a wireless telecommunication facility which are intended to make the facility look like something other than a wireless tower or base station or to mask or blend the proposed facility into the existing structure or visual backdrop in such a manner as to render it minimally visible to the casual observer.

12. Tower. Any structure built for the sole or primary purpose of supporting any FCClicensed or authorized antennas and their associated facilities, including structures that are constructed for wireless communications services including, but not limited to, private, broadcast, and public safety services, as well as unlicensed wireless services and fixed wireless services such as microwave backhaul, and the associated site.

13. Wireless telecommunication facility, or telecommunication facility. A facility that transmits and/or receives electromagnetic signals. It includes antennas, microwave dishes, horns and other types of equipment for the transmission or receipt of such signals, equipment, switches, wiring, cabling, power sources, shelters or cabinets associated with an antenna, telecommunication towers or similar structures supporting said equipment, equipment buildings, parking area and other accessory development. a. Telecommunication facility – major. Any new stand-alone facility, excluding stand-alone small wireless facilities up to 35 feet in height. b. Telecommunication facility – minor. Collocations and small wireless facilities up to 35 feet in height. If a facility does not meet these criteria then it is considered a major telecommunications facility.

D. Permits Required.

1. Collocation Facilities (Gov. Code § 65850.6). Collocation facilities are allowed by right when proposed on a wireless telecommunications collocation facility that was subject to a discretionary permit issued and an environmental impact report was certified, or a negative declaration or mitigated negative declaration was adopted for the wireless telecommunication collocation facility in compliance with the California Environmental Quality Act and the collocation facility incorporates required mitigation measures specified in that environmental impact report, negative declaration, or mitigated negative declaration.

2. Eligible Facilities Request (EFR). For Eligible Facilities Requests, collocation of new transmission equipment, removal of transmission equipment, or the replacement of Agenda Item #9.1.

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Part III, Page 124 | St. Helena Zoning Code | October 2022 Public Review Draft transmission equipment is allowed by right provided the modification of an existing tower or base station that does not substantially change the physical dimensions of such tower or base station.

3. Telecommunication Facility, Major. Non-exempt major telecommunication facilities are permitted subject to Conditional Use Permit.

4. Telecommunication Facility, Minor. Non-exempt minor telecommunication facilities are permitted subject to a Minor Use Permit.

E. Application Requirements and Review Process. The following are the minimum criteria applicable to all telecommunication facilities. In the event that a project is subject to discretionary and/or environmental review, mitigation measures, more restrictive criteria than presented in this Chapter, or other conditions of approval may also be necessary. All telecommunication facilities shall comply with:

1. Minimum Application Requirements. The Community Development Director or shall establish and maintain a list of information that must accompany every application for the approval of a telecommunication facility. Requirements are found on the Telecommunication Facility Application on file with the Community Development Department.

2. Expert Review. The Community Development Director is explicitly authorized to employ on behalf of the City an independent technical expert to review any technical materials submitted including, but not limited to, those required under this Section and in those cases where a technical demonstration of feasibility or unavailability of alternatives is required. The applicant shall pay all the costs of said review, including any administrative costs incurred by the City. Any proprietary information disclosed to the City or the expert hired shall remain confidential and shall not be disclosed to any third party.

3. Approval Authority.
a. Major telecommunications facilities. The Planning Commission shall be the hearing authority for major telecommunications facilities. All major telecommunications facilities require a public hearing. b. Minor telecommunications facilities. Minor telecommunication facilities may be approved by the Community Development Director through a Minor Use Permit application. The director may refer an application for a minor telecommunication facility to the Planning Commission in his or her discretion based on comments received in response to public notice. c. Collocation facilities requests and eligible facilities requests, in compliance with Section D.1 and D.2. Collocation facilities requests and eligible facilities requests may be approved by the Community Development Director through a Minor Use Permit application.

4. Public Notice. In addition to the public notice required under Part II, the following special noticing shall be provided:

Agenda Item #9.1.

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October 2022 Public Review Draft | St. Helena Zoning Code | Part III, Page 125 a. Notice of a public hearing on a Conditional Use Permit application under this Section shall be provided to the operators of all telecommunication facilities within one mile of the subject parcel via mailing of the standard legal notice. b. Notice of any application for a telecommunication facility shall be mailed to all adjacent property owners within 300 feet. The notice shall include the date by which public comments regarding the application shall be submitted for consideration and the date of the scheduled public hearing or date that the Community Development Director shall make a determination on the application.

5. Required Findings.
a. General Findings. In approving any telecommunication facility except for a collocation facility request or an eligible facilities request, the Approval Authority shall make the following findings:
i. The proposed use conforms with the specific purposes of this Section and any special standards applicable to the proposed facility; ii. The applicant has made good faith and reasonable efforts to locate the proposed facility on a support structure other than a new groundmounted antenna or to accomplish collocation; iii. The proposed site results in fewer or less severe environmental impacts than any feasible alternative site; and
iv. The proposed facility uses a stealth design.
b. Additional Findings for a Major Facility. To approve a major telecommunication facility, the Approval Authority shall find that a minor telecommunication facility is not feasible because of technical, aesthetic, or legal consideration including that such siting:
i. Would have more significant adverse effects on views or other environmental considerations;
ii. Is not permitted by the property-owner;
iii. Would impair the quality of service to the existing facility; or iv. Would require existing facilities at the same location to go off-line for a significant period of time.
c. Findings for Collocation Facilities Requests
i. The proposed collocation facility meets the requirements of Section

17.22.270(D)(1).
d. Findings for Eligible Facilities Requests:
i. The proposed collocation or modification meets each and every one of the applicable criteria for an eligible facilities request stated in 47 C.F.R.

1.6100(b)(3)-(9), or any successor provisions, after application of the Agenda Item #9.1.

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Part III, Page 126 | St. Helena Zoning Code | October 2022 Public Review Draft definitions in 47 C.F.R. 1.6100(b). The Approval Authority shall make an express finding for each criterion;
ii. The proposed facility complies with conditions associated with the siting approval of the construction or modification of the eligible support structure or base station equipment, except to the extent preempted by 47 C.F.R. 1.6100(b)(7)(i) through (iv), or any successor provisions; and
iii. That the proposed facility will comply with all generally applicable laws. e. Additional Findings for Setback Reductions. Except for a collocation facility request or an eligible facilities request, to approve a reduction in setback, the Approval Authority shall make one or more of the following findings:
i. The facility will be collocated onto or clustered with an existing, legally established telecommunication facility; and/or
ii. The reduced setback enables further mitigation of adverse visual and other environmental impacts than would otherwise be possible. f. Additional Findings for Any Other Exception to Standards. The Planning Commission may waive or modify requirements of this Section upon finding that strict compliance would result in noncompliance with applicable federal or State law. Requirements may be waived or modified only to the minimum extent required to avoid the noncompliance. An applicant seeking an exception must provide all supporting evidence for the request at the time of application submittal.

6. Conditional Use Permit Conditions of Approval. In addition to compliance with the requirements of this Chapter, all facilities shall be subject to each of the following conditions of approval, as well as any modification of these conditions or additional conditions of approval deemed necessary by the Approval Authority:
a. The Conditional Use Permit expires 10 years from approval and must be renewed in order to continue the use.
b. The permittee shall not place any facilities that will deny access to, or otherwise interfere with, any public utility, easement, or right-of-way located on the site. The permittee shall allow the City reasonable access to, and maintenance of, all utilities and existing public improvements within or adjacent to the site, including, but not limited to, pavement, trees, public utilities, lighting and public signage.
c. At all times, all required notices and signs shall be posted on the site as required by the FCC and CPUC, and as approved by the City. The location and dimensions of a sign bearing the emergency contact name and telephone number shall be posted pursuant to the approved plans.
d. At all times, the permittee shall ensure that the facility complies with the most current regulatory and operational standards, including, but not limited to, radio frequency emissions standards adopted by the FCC.

Agenda Item #9.1.

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October 2022 Public Review Draft | St. Helena Zoning Code | Part III, Page 127 e. The permittee and owner of any site on which a telecommunication facility is located shall cooperate and exercise good faith in collocating telecommunication facilities on the same support structures or site. Good faith shall include sharing technical information to evaluate the feasibility of collocation and may include negotiations for erection of a replacement support structure to accommodate collocation. A competitive conflict to collocation or financial burden caused by sharing information normally will not be considered as an excuse to the duty of good faith.
i. No collocation may be required where it can be shown that the shared use would or does result in significant interference in the broadcast or reception capabilities of the existing telecommunication facilities or failure of the existing facilities to meet federal standards for emissions. ii. Failure to comply with co-location requirements when feasible or cooperate in good faith as provided for in this Section is grounds for denial of a permit request or revocation of an existing permit. f. Within one month after construction of the wireless communications facility, the permittee shall verify compliance with FCC radio frequency emissions standards. The verification shall be submitted to the Community Development Director. If at any time while the permit is in effect the Community Development Director determines there is good cause to believe that the facility may emit RF emissions that are likely to exceed FCC standards, the Community Development Director may require the permittee to submit a report described by this Section. Failure to comply with this Section shall be grounds for revocation of the Conditional Use Permit.
g. Within 60 calendar days after the applicant commences full, unattended operations of the permitted facility, the applicant shall provide the Community Development Director with documentation that the permitted facility has been installed and/or constructed in compliance with the approved construction drawings and photo simulations and a technically sufficient written report by a qualified radio frequency emissions engineer certifying that the facility is in compliance with the radio frequency emissions guidelines or standards of the FCC.

7. Conditions of Approval for Collocation Facilities Requests. In addition to compliance with the requirements of this Chapter, all facilities shall be subject to each of the following conditions of approval, as well as any modification of these conditions or additional conditions of approval deemed necessary by the Approval Authority:
a. Permit subject to conditions of underlying permit. Any permit granted in response to an application qualifying as a collocation facility request shall be subject to the terms and conditions of the underlying permit. b. No permit term extension. The City’s grant or grant by operation of law of a collocation facility permit will not extend the permit term for the underlying wireless telecommunication collocation facility permit or any other underlying regulatory approval, and its term shall be coterminous with the underlying Agenda Item #9.1.

Part III: District Regulations
Part III, Page 128 | St. Helena Zoning Code | October 2022 Public Review Draft permit or other regulatory approval for the subject wireless telecommunication collocation facility.

8. Eligible Facilities Requests Conditions of Approval. In addition to compliance with the requirements of this Chapter, all facilities shall be subject to each of the following conditions of approval, as well as any modification of these conditions or additional conditions of approval deemed necessary by the Approval Authority:
a. Permit subject to conditions of underlying permit. Any permit granted in response to an application qualifying as an eligible facilities request shall be subject to the terms and conditions of the underlying permit. b. No permit term extension. The City’s grant or grant by operation of law of an eligible facilities request permit constitutes a federally mandated modification to the underlying permit or approval for the subject tower or base station.

Notwithstanding any permit duration established in another permit condition, the City’s grant or grant by operation of law of a eligible facilities request permit will not extend the permit term for the underlying permit or any other underlying regulatory approval, and its term shall be coterminous with the underlying permit or other regulatory approval for the subject tower or base station.

9. Life of Approvals.
a. A Conditional Use Permit or issued pursuant to this Section authorizing establishment of a telecommunication facility must be renewed every 10 years through the approval process specified in Section 17.05.020, Conditional Use Permit. The grounds for non-renewal shall be limited to a showing that one or more of the situations listed below exist:
i. The use involved is no longer allowed in the applicable zoning district, ii. The facility fails to comply with the relevant requirements of this Section as they exist at the time of renewal and the permittee has failed to supply assurances acceptable to the Community Development Director that the facility will be brought into compliance within 120 days, and
iii. The permittee has failed to comply with the conditions of approval imposed.
b. The grounds for appeal of issuance of a renewal shall be limited to a showing that one or more of the situations listed above does in fact exist or that the notice required under subsection D.4 was not provided.

10. Standard Agreement Required.
a. The property owner(s) and the permittee shall enter into a performance and maintenance agreement with the City. The terms of the agreement shall:
i. Ensure compliance with this Chapter and all applicable conditions of approval.
ii. Require the facility to be appropriately maintained.

Agenda Item #9.1.

Part III: District Regulations
October 2022 Public Review Draft | St. Helena Zoning Code | Part III, Page 129 iii. Ensure new landscaping is installed and existing landscaping is maintained, preserved and protected, as indicated on the plans, and iv. Require the property owners to defend, indemnify, and hold harmless the City.
b. The agreement shall be signed and notarized and submitted to the Community Development Department when located on private property. The agreement shall run with the property to ensure that future property owner(s) are aware of the requirement for ongoing maintenance of the existing and approved landscaping.

F. Design and Location Standards. Telecommunication facilities shall be located, developed, and operated in compliance with all of the following standards and with applicable standards of the zoning district in which they are located.

1. Location and Siting.
a. No new freestanding facility, including a tower, shall be located within 1,000 feet of another freestanding facility, unless mounting on an existing building or existing pole or tower is not feasible.
b. All wireless telecommunication facilities shall meet the building setback standards of the district which they are to be located unless findings for a setback reduction are made in accordance with Section E.5.e above. c. Major telecommunication facilities are not permitted in the LR, MR, and HR districts.
d. Major and minor telecommunication facilities are not permitted on properties within the Historic Preservation Overlay District.

2. Support Structures. Support structures for telecommunication facilities may be any of the following subject to owner approval:
a. An existing nonresidential building.
b. An existing structure other than a building, including, but not limited to, light poles, electric utility poles, water towers, smokestacks, billboards, lattice towers, and flag poles. This term includes an electric utility pole erected to replace an existing electric utility pole, if the replacement pole will serve both electric and wireless communications functions, and if the replacement pole is substantially equivalent to the predecessor pole in placement, height, diameter and profile.
c. An alternative tower structure such as a clock tower, steeple, functioning security light pole, functioning recreational light pole, or any similar alternative-design support structure that conceals or camouflages the telecommunication facility to achieve a stealth design. The term "functioning" as used herein means the light pole serves a useful and appropriate lighting function as well as a wireless communications function. d. Existing publicly owned and operated tower exceeding the maximum height limit.

Agenda Item #9.1.

Part III: District Regulations
Part III, Page 130 | St. Helena Zoning Code | October 2022 Public Review Draft e. A single pole (monopole) sunk into the ground and/or attached to a foundation. Any new monopole shall be constructed to allow for collocation of at least one other similar communications provider.

3. Height Limitations.
a. Freestanding Wireless Telecommunications Facility. A freestanding wireless telecommunications facility shall not exceed a height of 15 feet above the height limit of the district in which it is located.
b. Building-Mounted Facilities. Building-mounted telecommunication facilities shall not exceed a height of 15 feet above the height limit of the district or 15 feet above the existing height of a legally established building, whichever is lower, measured from the top of the facility to the highest (lowest?) point of attachment to the building.
c. Facilities Mounted on Structures. Telecommunication facilities mounted on an existing structure shall not exceed the height of the existing structure unless camouflaged as part of the structure design, except antennas may extend up to 15 feet above the height of an electric utility pole. d. Facilities Mounted on Light Poles. A functioning security light pole or functioning recreational light pole shall have a height consistent with existing poles in the surrounding area or height usually allowed for such light poles. e. Height Determination. A telecommunication tower shall be measured from the natural undisturbed ground surface below the center of the base of the tower to the top of the tower itself or, if higher, to the tip of the highest antenna or piece of equipment attached thereto. In the case of building-mounted towers, the height of the tower includes the height of the portion of the building on which it is mounted and to the tip of the highest antenna or piece of equipment attached thereto. In the case of “crank-up” or other similar towers whose height can be adjusted, the height of the tower shall be the maximum height to which it can be raised including any antenna or other equipment attached thereto.

4. Design and Screening. All telecommunication facility structures and equipment shall be located, designed and screened to blend with the existing natural or built surroundings, as well as any existing support structures, so as to reduce visual impacts.
a. Minimum Functional Height. All free-standing wireless telecommunications facilities shall be designed to be the minimum functional height and width required to support the proposed antenna installation, unless it can be demonstrated that a higher facility will facilitate collocation. b. Stealth Design. State of the art stealth design technology shall be utilized as appropriate to the site and type of facility. Telecommunication facilities that are mounted on buildings or structures shall be designed to match existing architectural features, incorporated in building design elements, camouflaged, or otherwise screened to achieve a stealth design in a manner that is Agenda Item #9.1.

Part III: District Regulations
October 2022 Public Review Draft | St. Helena Zoning Code | Part III, Page 131 compatible with the architectural design of the building or structure. All finishes shall be non-reflective.
c. Equipment Cabinets. Equipment cabinets shall be located within the building upon which antennas are placed, if technically feasible. Otherwise, equipment cabinets and buildings, and associated equipment such as air conditioning units and emergency generators, shall be screened from view by a wall or landscaping, as approved by the City. Any wall shall be architecturally compatible with the building or immediate surrounding area. d. Vegetation Protection and Facility Screening. All telecommunication facilities shall be installed in such a manner so as to maintain and enhance existing native vegetation and to install suitable landscaping to screen the facility where necessary. To this end the following measures shall be implemented:
i. Existing trees and other vegetation in the vicinity of the facility and along the access roads and power/telecommunication line routes involved shall be protected from damage, both during the construction period and thereafter.
ii. Where mature trees exist near the construction site, a tree protection plan shall be submitted with building permit or improvement plan submittal. This plan shall be prepared by a certified arborist and give specific measures to protect trees during project construction. iii. No actions shall be taken subsequent to project completion with respect to the vegetation present that would increase the visibility of the facility itself or the access road and power/telecommunication lines serving it.
e. Lighting. Artificial lighting of a telecommunication facility, including its components, is prohibited, unless required by the Federal Aviation Administration. A motion-sensor light may be used for security purposes if the beam is directed downwards, shielded from adjacent properties, and kept off except when personnel are present at night.
f. Advertising. No advertising shall be placed on telecommunication facilities, equipment cabinets, or associated structures.
g. Collocation of additional wireless facilities on an approved major telecommunications facility.
i. All facilities shall make available unused space for co-location of other telecommunication facilities, including space for these entities providing similar, competing services. Collocation is not required if the host facility can demonstrate that the addition of the new service or facilities would impair existing service or cause the host to go offline for a significant period of time. In the event a dispute arises as to whether a permittee has exercised good faith in accommodating other users, the City may require the applicant to obtain a third-party technical study at applicant's expense. The City may review any Agenda Item #9.1.

Part III: District Regulations
Part III, Page 132 | St. Helena Zoning Code | October 2022 Public Review Draft information submitted by applicant and permittee(s) in determining whether good faith has been exercised.
ii. All collocated and multiple-user telecommunication facilities shall be designed to promote facility and site sharing. Telecommunication towers and necessary appurtenances, including but not limited to parking areas, access roads, utilities and equipment buildings, shall be shared by site users whenever possible.

5. Security Features. All facilities shall be designed to minimize opportunities for unauthorized access, climbing, vandalism, graffiti, and other conditions that would result in hazardous conditions, visual blight, or attractive nuisances. a. Fencing. Security fencing, if any, shall not exceed the fence height limit of the base district. Fencing shall be effectively screened from view through the use of landscaping. No chain link fences shall be visible from public view. b. Maintenance. The permittee shall be responsible for maintaining the site and facilities free from graffiti.

6. Roads and Parking. All telecommunication facilities shall be served by the minimum roads and parking areas necessary. To this end, existing roads shall be used for access whenever possible, and be upgraded the minimum amount necessary to meet standards specified by the Fire Chief and City Engineer.

7. Radio Frequency Emissions Standards, Interference, and Noise. a. Radio Frequency. Telecommunication facilities shall comply with federal standards for radio frequency emissions and interference. Failure to meet federal standards may result in termination or modification of the permit. b. Interference. Telecommunications facilities shall not interfere with public safety radio communications.
c. Noise. Telecommunication facilities and any related equipment, including backup generators and air conditioning units, shall not generate continuous noise in excess of 40 decibels (dBa) measured at the property line of any adjacent residential property, and shall not generate continuous noise in excess of 50 dBa during the hours of 7:00 AM to 10:00 PM and 40 dBa during the hours of 10:00 PM to 7:00 AM measured at the property line of any nonresidential adjacent property. Backup generators shall only be operated during power outages and for testing and maintenance purposes. Testing and maintenance shall only take place on weekdays between the hours of 8:00 AM and 5:00 PM.

8. Fire Prevention. All telecommunication facilities shall be designed and operated in a manner that will minimize the risk of igniting a fire or intensifying one that otherwise occurs.
a. At least one-hour fire resistant interior surfaces shall be used in the construction of all buildings.

Agenda Item #9.1.

Part III: District Regulations
October 2022 Public Review Draft | St. Helena Zoning Code | Part III, Page 133 b. The exterior walls and roof covering of all above-ground equipment shelters and cabinets shall be constructed of materials rated as non-flammable in the Building Code.
c. Monitored automatic fire extinguishing systems shall be installed in all equipment buildings and enclosures.
d. Openings in all above-ground equipment shelters and cabinets shall be protected against penetration by fire and wind-blown embers to the extent feasible.

G. Vacation and Removal of Facilities. The service provider shall notify the Community Development Director of the intent to vacate a site at least 30 days prior to the vacation. The operator of a telecommunications facility shall remove all unused or abandoned equipment, antennas, poles, or towers within 60 days of discontinuation of the use and the site shall be restored to its original, pre-construction condition.

Agenda Item #9.1.

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Part III, Page 134 | St. Helena Zoning Code | October 2022 Public Review Draft Chapter 17.23 Reserved
Agenda Item #9.1.

Part IV: Citywide Standards
October 2022 Public Review Draft | St. Helena Zoning Code | Part IV, Page 1 Chapter 17.24 General Site Standards

17.24.010 Purpose
This Chapter prescribes site regulations that apply, except where specifically stated, to development in all zoning districts. These standards shall be used in conjunction with the standards for each zoning district established in Part III, Zoning District Regulations. In any case of conflict, the standards specific to the zoning district shall control.

17.24.020 Accessory Buildings and Structures
Accessory buildings or structures that do not have toilet plumbing or cooking facilities are subject to the following provisions:

A. Location.

1. An accessory building or structure must not be located in any required setback fronting a public or private street nor in that portion of a required side setback adjacent to the main building on the adjacent parcel(s).

2. No more than one accessory building or structure may be located in front of the most forward portion of the front elevation of the primary structure. The intent of this provision is to discourage the construction of walls and accessory buildings or structures that obscure the visibility of the main house from the street.

3. An accessory building or structure attached to the main building with a trellis, breezeway or similar structure must conform to the setbacks of the main building.

4. An accessory building or structure may be located in a required rear setback and that portion of a side setback not adjacent to the main building on the adjacent parcel(s) subject to the following provisions:
a. The maximum coverage of a required setback must not exceed 50 percent. b. A minimum distance of four feet must be provided from the property line to the accessory building or structure.

B. Building Separation. An accessory building or structure must be separated from a principal building on the same lot subject to the following provisions:

1. A minimum separation of eight feet if any portion of an accessory building or structure is located within a required setback.

2. If no portion of an accessory building or structure is located within a required setback no minimum separation is required subject to the following conditions:
a. Drainage and fire containment are addressed to the satisfaction of the Public Works Director and the Fire Chief.
b. If the Chief Building Official determines that the separation between an accessory building or structure that is habitable as defined by this Code and a Agenda Item #9.1.

Part IV: Citywide Standards
Part 1V, Page 2 | St. Helena Zoning Code | October 2022 Public Review Draft principal building may be reduced to zero feet, then the accessory building or structure must be connected to the principal building by a doorway providing direct access between the accessory building or structure and the principal building.
c. If the Chief Building Official determines that the separation between an accessory building or structure that is habitable as defined by this Code and a principal building may be reduced to less than three feet but more than zero feet, then approval of a Conditional Use Permit must be required prior to the issuance of a building permit.

17.24.030 Encroachments into Required Setbacks
Buildings may encroach into required setbacks according to the standards of this Section, subject to all applicable requirements of the Building Code. These limitations shall not apply to patios, walks, or other similar types of surfaced areas when constructed at grade.

A. Architectural Features.

1. Architectural features such as bay windows, fireplaces, chimneys, and sills less than 15 feet in length may encroach into any required setback for a distance of not more than two feet.

2. Eaves may encroach into any required setback for a distance of not more than two feet.

B. Open Floor Space Areas Over 18 Inches Above Finished Grade. Open decks, unenclosed porches, unenclosed balconies, fire escapes, landings, steps, and other open floor space areas with a floor elevation over 18 inches above finished grade may extend into any required front setback or side setback for a distance of not more than six feet.

C. Open Floor Space Areas 18 Inches or Less above Finished Grade. Open floor space areas with a floor elevation 18 inches or less above finished grade may extend into the required setback for a distance of not more than one-half the width of the setback required by the zoning district requirements.

D. Exemptions. The following structures and features are exempt from the regulations of this Section when approved by the Community Development Director.

1. Ramps, railings, lifts and other similar open floor space areas or facilities used for handicapped access;

2. Ornamental gate archways up to eight feet in height and 12 feet in width;

3. Trellises and pergolas up to eight feet in height and covering less than 60 square feet; and

4. Planters, light standards, windbreaks, sun screens, outdoor fireplaces, ponds, ornamental fixtures, flagpoles, arbors, trees, shrubs, and similar features.

Agenda Item #9.1.

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October 2022 Public Review Draft | St. Helena Zoning Code | Part IV, Page 3

17.24.040 Height Exceptions
The following provisions shall apply to the modification of the height limitations of this Code.

A. Height Exceptions Allowed By-Right. The following buildings and structures may exceed the height limitations specified in this Title by up to five feet:

1. Cupolas, belfries, domes, chimneys, and flagpoles, television and radio receiving antennae, excluding “satellite antennas” as defined by Section 17.22.270, Wireless Telecommunications Facilities.

2. Roof screening structures for elevators, stairways, tanks, ventilating fans, air conditioning, or similar equipment used solely to operate and maintain a building.

B. Height Exceptions Permitted with a CUP. The following buildings and structures may exceed the height limitations specified in this Title with the approval of a Conditional Use Permit:

1. Church spires and smoke stacks;

2. Radio and television transmitting antennas pursuant to Section 17.22.270, Wireless Telecommunications Facilities, excluding “satellite antennas” as defined by the same Section;

3. Freestanding water tanks and support structures;

4. Electric power transmission and distribution lines, poles and towers;

5. Other buildings, structures and appurtenances which, in the opinion of the Planning Commission, are similar to the above types of buildings and structures.

17.24.050 Fences, Walls, and Hedges
A. Fences, Walls, and Hedges in the LR, MR, HR, PQP, PR, WW, A-20, and OS Districts. The following standards shall apply to walls, fences, and hedges located in the LR, MR, HR, PQP, PR, WW, A-20 and OS districts:

1. Within the Required Front or Side Setback: Maximum three and one-half feet. a. Exceptions: A six-foot fence, wall, or hedge is allowed in a side setback when it :
i. Is at least 50 feet from the front street curb or 40 feet from the front property line on a street without a curb; and
ii. Is at least 20 feet from the side street curb or 10 feet from the side property line on a street without a curb.

2. Outside of the Required Front or Side Setback: Maximum six feet. a. Exceptions:
i. A two-foot open lattice extension above the fence is permitted with a building permit.
ii. Up to 12 feet for tennis courts may be permitted with an MUP.

Agenda Item #9.1.

Part IV: Citywide Standards
Part 1V, Page 4 | St. Helena Zoning Code | October 2022 Public Review Draft

3. Vehicular Gates. Vehicular gates must be set back a minimum of 30 feet from the front street curb or 20 feet from the property line on a street without a curb.

B. Height Within the Visibility Triangle in All Districts.

1. Fences, hedges or dense planting in the form of a hedge shall not exceed two feet in height when located in the visibility triangle as defined in Part V, Definitions and Rules of Measurement.

2. Trees shall be maintained so as to provide a clearance of seven and one-half feet from the ground to the lowest branches.

C. Temporary Security Fences in All Districts. With the approval of the Public Works Director, temporary security fences may be erected around construction sites during the time a valid building permit is in effect for construction on the premises. Temporary security fences need not comply with the above regulations and must be immediately removed upon completion of the construction authorized by the building permit. Any temporary fences within public rights-of-way must also secure an encroachment permit.

17.24.060 Flag Lots
Many residential properties with the potential for additional dwelling units are difficult to develop under conventional zoning standards. This Section provides standards for residential development on flag lots to ensure effective utilization of the property. These standards supplement the base zone standards; where standards in this Section conflict with those of the base zone, the standards of this Section shall apply. In those cases where the flag lot is also substandard in area for the zone, the small lot standards shall also apply.

A. Flag lots shall be permitted in the A-20, LR, MR, HR, and WW districts only. Review of flag lots will be subject to Conditional Use Permit approval as well as the provisions of the St. Helena Subdivision Ordinance.

B. The density and development standards of the zoning district in which a property is located shall apply to a flag lot development with the following exceptions:

1. The narrow strip of land (or panhandle portion of the lot) connecting the lot with a public or private street shall have a minimum width and frontage of 20 feet (16 foot access drive plus four feet for landscaping). The minimum width and requirement may be increased in higher density situations that permit multiple units to be constructed, or where an additional landscape buffer is necessary.

2. A panhandle may provide access to two lots.

3. The panhandle portion of the lot connecting with a public or private street shall be included when calculating residential densities but shall be excluded when determining the compliance with minimum lot width and lot size standards.

4. A grading and drainage plan shall be submitted to and reviewed by the Public Works Director to determine the impacts of the flag lot on adjacent properties. Finished building pad elevations shall not be significantly different from those of adjoining properties.

Agenda Item #9.1.

Part IV: Citywide Standards
October 2022 Public Review Draft | St. Helena Zoning Code | Part IV, Page 5 C. The standards for residential driveways or access drives as set forth in Chapter 17.26, Parking and Loading, shall be observed in the provision of access to a flag lot. The access drive to the flag lot shall be inspected annually by the Fire Chief to ensure that landscaping or other obstructions do not hinder emergency vehicle access.

D. The provision of gates, turnarounds, clearance, road grades, and distance to fire hydrants shall be reviewed and approved by the Fire Chief. The site address of each flag lot shall be placed on a sign in the panhandle of the lot so as to be clearly visible to police, fire and other emergency services personnel from the public or private street.

E. On-site parking shall be provided pursuant to Chapter 17.26, Parking and Loading. Additional on-site parking spaces for guests may be required, if the on-street parking provided in the area of the proposed flag lot is inadequate.

F. Landscaping in the panhandle portion of a flag lot alongside the driveway shall be required.

Improvements such as curb and gutter may also be required by the public works director for an access drive in the panhandle portion of a flag lot depending upon such factors as the number of homes served, drainage characteristics, terrain, and soil conditions.

G. Fences which meet the standards of Section 17.24.050, Fences, Walls, and Hedges, may be placed in the panhandle portion of the lot connecting the lot with a public or private street; provided, that the fence height shall not exceed three and one-half feet in that portion of the panhandle within the front or side setback established for a lot with normal width and frontage.

H. Easements across adjoining property may not be used to provide the panhandle portion of the lot, unless the lots were lots of record existing prior to January 28, 1956, or legally created pursuant to the State Subdivision Map Act and the subdivision ordinance of the City prior to April 11, 1994.

17.24.070 Lighting and Illumination
A. Applicability.

1. Existing Buildings and Uses. The standards of this Section apply to all new development and to exterior alterations and additions that involve replacement light fixtures. Any new outdoor lighting installed on a building or parcel must meet the requirements of this Code for shielding and lamp type.

2. Change of Use.
a. For a change of use or major addition or modification that requires an increase of 25 percent of the number of: required onsite parking spaces, additional dwelling units, gross floor area, seating capacity, or other units of measurement, all lighting must be brought into compliance with the requirements of this Code.
b. For a change of use or minor addition or modification that requires an increase in the number of onsite parking spaces, additional dwelling units, gross floor area, seating capacity, or other units of measurement that is less than 25 Agenda Item #9.1.

Part IV: Citywide Standards
Part 1V, Page 6 | St. Helena Zoning Code | October 2022 Public Review Draft percent, the applicant must comply with the requirements of this Section for any new outdoor lighting provided.

3. Conformance with Applicable Codes. All outdoor lighting fixtures must be installed and maintained in conformance with the provisions of this Section and all applicable Building Codes.

4. Conformance after Abandonment/Damage. In the event that an outdoor lighting fixture is abandoned or is damaged and requires repairs for safe operation, the repaired or replacement fixture must comply with the provisions of this Section.

5. Exemptions. The following lighting is exempt from the provisions of this Section. a. Public and private street lighting.
b. Athletic field lights used within a school campus or public or private park. c. Safety and security lighting for public facilities.
d. State and federal facilities
e. Construction and emergency lighting, provided such lighting is temporary and discontinued immediately upon completion of the construction work or abatement of the emergency.
f. Temporary seasonal lighting installed between September 1 and January 15 is exempt from the provisions of this Division.
g. Underwater lighting used for the illumination of swimming pools and decorative water fountains
B. General Requirements.

1. Lighting Classes.
a. Class 1. Class 1 Lighting is permitted where accurate color rendition is required to preserve the effectiveness of an activity listed below. Lighting sources used for Class 1 lighting must have a Correlated Color Temperature (CCT) of 2700 Kelvin (K) or less. Uses not included in the list below require an interpretation by the Community Development Director of the essential nature of accurate color rendition to preserve the effectiveness of the activity. Class 1 lighting applications include:
i. Primary customer building entry/exit areas (does not include service or emergency entry/exits);
ii. Outdoor seating areas at restaurants;
iii. External and internal lighting for signs, excluding neon; iv. Outdoor sales areas, including service station canopies; v. Outdoor assembly or repair areas and vineyards and wineries where assembly, repair or farm work occurs at night on a regularly scheduled basis; and
vi. Outdoor recreational field/track/arena areas.

Agenda Item #9.1.

Part IV: Citywide Standards
October 2022 Public Review Draft | St. Helena Zoning Code | Part IV, Page 7 b. Class 2. Class 2 Lighting is used for general illumination for utility, safety, or security purposes. Examples of Class 2 Lighting include:
i. Pedestrian walkways, driveways, and roadways;
ii. Parking lots;
iii. Equipment yards; and
iv. Outdoor security.
c. Class 3. Class 3 Lighting is used for decorative purposes. Examples of Class 3 Lighting include:
i. Architectural illumination;
ii. Flag and monument lighting;
iii. Neon incorporated on signs; and
iv. Landscape lighting.

2. Lamp Source and Shielding. The standards provided in Table 17.24.070.B, Lamp Type and Shielding Standards, shall apply:

Table 17.24.070.B: Lamp Type and Shielding Standards
Lamp Type and Lightning Class Required Shielding
Non-Residential1
Class I Lighting (Color Rendition):

All lamp types and outputs Allowed; only fully shielded fixtures permitted Class 2 Lighting (General Illumination):

All lamp types and outputs Allowed; only fully shielded fixtures permitted Class 3 Lighting (Decorative):

All lamp types 2500 lumens or above per fixture Prohibited All lamp types below 2500 lumens Allowed; only fully shielded fixtures permitted Residential1
All Lighting Classes
All lamp types 1000 lumens or above per fixture Allowed; only fully shielded fixtures permitted All lamp types 1000 lumens or above per fixture Allowed; fully shielded fixtures preferred, partially shielded fixtures permitted2
Notes:

1. For purposes of this Section, residential refers to property developed primarily for residential purposes. Non-residential uses include all other uses.

2. The acceptance of a fixture as “Partially Shielded” is subject by the Community Development Director.

3. Maximum Height.

Agenda Item #9.1.

Part IV: Citywide Standards
Part 1V, Page 8 | St. Helena Zoning Code | October 2022 Public Review Draft a. Within 100 feet of a Residential District: 16 feet.
b. Parking Lot Illumination: 15 feet.
c. Other Locations: 25 feet.
d. Exceptions: The Planning Commission may allow additional height for activities, uses, or development with unique lighting needs; accentuating historic architectural features of a building; accentuating signage and/or landscape features; or for security purposes.

4. Effective Shielding. All light fixtures that are required to be fully shielded must be installed in a manner that satisfies the definition of a fully shielded fixture.

5. Light Trespass Standard.
a. All light fixtures must be located, aimed, and shielded so that the direct illumination from the fixture shall be confined to the property boundaries of the source.
b. Any light fixture located within 50 feet of a residential zone or public right-ofway must utilize an internal or external shield, with the light fixture and shield oriented to minimize light trespass onto adjacent property or right-of-way line.

If an external shield is used, its surface must be painted black to minimize reflections.

Figure 17.24.070.B.1: Shielding Configurations.

No Shield Internal Shield External Shield

6. Motion Sensing Light Fixtures. All motion sensing light fixtures must conform to all applicable standards of this Division, including the shielding standards of Table

17.24.060.B, Lamp Type and Shielding Standards.

7. Lighting that Changes Color. Decorative lighting that changes colors is only permitted to change color every two minutes.

8. Time Limits for Outdoor Lighting. All Class 1 and Class 3 lighting (including Class 2 lighting located more than 50 feet from any building or outdoor product display or storage area) must be turned off by 11:00 PM and/or no later than 30 minutes after the business closes, whichever is later, and remain off for the remainder of the night or until the business reopens.

Agenda Item #9.1.

Part IV: Citywide Standards
October 2022 Public Review Draft | St. Helena Zoning Code | Part IV, Page 9

9. Sign Illumination. Standards for external and internal sign illumination are provided in Section 17.27.060.F, Sign Illumination.

10. Architectural/Landscape Lighting. Architectural lighting used to illuminate a building or landscape lighting used to illuminate trees or other landscape elements is permitted subject to all applicable standards of this Division.

C. Prohibited Outdoor Lighting. The following types of outdoor lighting are prohibited:

1. Outdoor floodlighting.

2. Search lights, flood lights, strobe lights, laser lights, or similar high intensity light, except as necessary for official emergency services or for meteorological data gathering purposes.

3. Any lighting device located on the exterior of a building or on the inside of a window which is visible beyond the property boundaries of the lot or parcel with intermittent fading, flashing, blinking, rotating, or strobe light illumination.

4. Lighting that results in glare to motor vehicles on public rights-of-way.

17.24.080 Refuse and Recycling Areas
This Section establishes design and location criteria for the construction and placement of refuse, solid waste, and recycling, compost, and green waste storage areas. Refuse, solid waste, recycling, compost, and green waste are collectively referred to as “refuse and recycling.” A. General Requirements. All refuse and recycling materials shall be placed in an appropriate receptable. All garbage cans, mobile refuse bins, receptacles, and all recycling materials and containers shall be maintained and stored pursuant to this Section.

B. Location. The waste and recycling containers shall not be located within any required front setback, street side setback, any required parking and landscaped areas, or any other area required to remain unencumbered, according to fire and other applicable building and public safety codes.

C. Visibility. The refuse and recycling containers shall not be visible from the public right-of-way and shall be screened by landscaping (fences or walls may be used if located outside a required setback).

D. Accessibility. Waste and recycling storage areas shall be accessible so that trucks and equipment used by the contracted waste and recycling collector has sufficient maneuvering area.

E. Clear Zone. An area of five feet in front of and surrounding all enclosure types shall be kept clear of obstructions, and shall be painted, striped, and marked “No Parking.” F. Maintenance. The site must be maintained free of litter and any other undesirable materials and must be picked up and cleaned on a daily basis.

G. Container Materials. Containers used for the collection and storage of refuse and recyclable materials shall be constructed of a durable, waterproof, and rustproof material and with a cover secured from unauthorized entry or removal of material and shall be of a capacity sufficient to accommodate materials collected between collection schedules.

Agenda Item #9.1.

Part IV: Citywide Standards
Part 1V, Page 10 | St. Helena Zoning Code | October 2022 Public Review Draft H. Enclosure Materials. Unless specifically waived by the design review processes described in Chapter 17.05, Planning Permits and Approvals, all development projects shall have a refuse enclosure constructed with a wall of such materials as to be opaque and of sufficient size to permit the storage, removal and replacement of standard commercial size refuse containers.

The trash enclosure must utilize colors/materials found on the primary building and have a roof integrated into the design. Trash enclosures must be located so that the enclosure is slightly elevated from its surroundings. The location must ensure that run-off drains to the sewer system. No collection, storage or stacking of refuse is permitted outside the refuse enclosure. This requirement does not preclude the placement of individual refuse containers within the I, PQP, PR, and OS districts.

I. Drainage. The floor of the enclosure shall have a drain that connects to the sanitary sewer system.

17.24.090 Screening
A. Uses and Equipment that Require Screening. The following uses and equipment must be screened from view:

1. Ground-Mounted Equipment. All ground mounted equipment must be screened from surrounding properties and the public right-of-way streets or enclosed within a building. Equipment to be screened includes but is not limited to commercial air conditioners, heating units, commercial generators, utility meters, cable equipment, telephone entry boxes, backflow preventions, irrigation control valves, electrical transformers, pull boxes, and all ducting for air conditioning, heating, and blower systems.

2. Roof-Mounted Equipment in the CB, SC, MU, BPO, and I Districts. In the CB, SC, MU, BPO, and I zoning districts, rooftop mounted mechanical and electrical service equipment must be entirely screened from surrounding properties and the public right-of-way. Exceptions may be granted by the Community Development Director where screening is infeasible due to health and safety or utility requirements.

3. Outdoor Storage Areas. Outdoor storage areas shall be screened from view from any public right-of-way; existing or residential areas; or publicly accessible open space area, parking area, access driveway, or similar thoroughfare.

4. Other Outdoor Use Areas. Any use not conducted entirely within an enclosed structure shall be screened from view from any public right-of-way; existing or planned residential area; or publicly accessible open space area, parking area, access driveway, or similar thoroughfare where the Community Development Director finds that the use without screening would have a detrimental effect on adjacent properties.

Outdoor dining areas and patios may remain unscreened.

B. Screening Height. Screening fences and walls must not exceed the maximum allowable fence heights as established in Section 17.24.050, Fences, Walls and Hedges, unless allowed with approval of a Minor Use Permit.

Agenda Item #9.1.

Part IV: Citywide Standards
October 2022 Public Review Draft | St. Helena Zoning Code | Part IV, Page 11 C. Screening Materials. Screening materials shall be architecturally compatible with the exterior colors and materials of the primary building. Screen walls may be stucco, decorative block, or concrete panel, wood, or other substantially equivalent material.

D. Maintenance of Screening. Screen walls shall be maintained in good repair, including painting, if required, and shall be kept free of litter or advertising. Where hedges are used as screening, trimming or pruning shall be employed as necessary to maintain the maximum allowed height.

17.24.100 On-Site Storage
This Section provides regulations for the placement of material objects on a site for any period exceeding seven consecutive days.

A. Applicability. This Section applies to the storage of building supplies, discarded or salvaged materials, motor vehicle parts, mechanical equipment or other material objects or equipment as determined by the Community Development Director except as provided for elsewhere in this Title. This Section does not apply to self-storage facilities.

B. Restrictions.

1. On-site storage shall be prohibited within any front or side setback of any property.

2. On-site storage is not permitted on vacant lots.

3. Materials or equipment shall not be stored to a height greater than the height of the screening fence or wall required in Section 17.24.090, Screening.

C. Exceptions. The regulations set forth in this Section shall not be applicable to the following types of storage:

1. The storage within a dwelling of objects normally found within a home;

2. The placement upon the premises within any residential zoning district of equipment or goods normally found in a yard such as toys, play equipment, yard or lawn furniture, minor yard maintenance tools and equipment, and similar objects;

3. The inventory of any retail or wholesale business, warehouse, parts house, industrial or commercial activity when such storage is the principal activity of the use or is incidental to the use and enclosed entirely within a building;

4. The temporary placement of building materials on a site of a City-approved construction project during the time a valid building permit is in effect for construction on the premises. The Community Development Director may approve the placement of a temporary mobile office (designed solely for such use) at an approved construction site for a maximum one-year period or for the duration of the construction, whichever period if shorter;

5. The storage of vehicles as regulated by Chapter 17.26, Parking and Loading.

Agenda Item #9.1.

Part IV: Citywide Standards
Part 1V, Page 12 | St. Helena Zoning Code | October 2022 Public Review Draft Chapter 17.25 Landscaping

17.25.010 Purpose
This Section establishes minimum standards for the provision, installation, and maintenance of landscape areas by the following means:

A. Promote the conservation of potable and non-potable water by encouraging the preservation of existing plant communities, implementing xeriscape principles, encouraging the use of sitespecific plant materials, and establishing techniques for the installation and maintenance of landscape materials and irrigation systems.

B. Improve the appearance of all open areas through the incorporation of open space into development in ways that harmonize and enhance the natural and built environment.

C. Improve environmental quality by recognizing the numerous beneficial effects of landscaping upon the environment, including:

1. Improving air and water quality through such natural processes as photosynthesis and mineral uptake;

2. Maintaining permeable land areas essential to surface water management and aquifer recharge;

3. Reducing and reversing air, noise, heat and chemical pollution through the biological filtering capabilities of trees and other vegetation;

4. Promoting energy conservation through the creation of shade;

5. Reducing heat gain in or on buildings or paved areas;

6. Reducing the temperature of the microclimate through the process of evapotranspiration; and

7. Encouraging the conservation of limited fresh resources through the use of sitespecific plants and various planting and maintenance techniques.

D. Maintain and increase the value of land by requiring landscaping to be incorporated into development, thus becoming by itself a valuable capital asset.

E. Minimize or eliminate conflicts between potentially incompatible uses through landscaping.

F. Provide direct and important physical and psychological benefits to human beings through the use of landscaping to reduce heat and glare, and to break up the monotony and soften the harsher aspects of urban development.

G. Preserve existing natural vegetation and promote the incorporation of native plants, plant communities, and ecosystems into landscape design, where possible.

H. Promote innovative and cost-conscious approaches to the design, installation and maintenance of landscaping, encouraging water and energy conservation.

I. Establish procedures and standards for the administration and enforcement of this Section.

Agenda Item #9.1.

Part IV: Citywide Standards
October 2022 Public Review Draft | St. Helena Zoning Code | Part IV, Page 13

17.25.020 Applicability
A. The provisions of this Chapter shall apply to the following:

1. New construction and rehabilitated landscapes for public agency projects and private development projects with a landscape area equal to or greater than 2,500 square feet requiring a building permit or Major Design Review;

2. New construction and rehabilitated landscapes which are developer-installed in single-family and multi-family projects with a landscape area equal to or greater than 2,500 square feet requiring a building permit, landscape permit or Major Design Review;

3. New construction landscapes which are homeowner-provided or homeowner-hired in single-family and multi-family residential projects with a total project landscape area equal to or greater than 5,000 square feet requiring a building permit or Major Design Review; or

4. Existing landscapes over one acre in size.

B. This Chapter does not apply to:

1. Registered local, state or federal historical sites;

2. Ecological restoration projects that do not require a permanent irrigation system;

3. Mined-land reclamation projects that do not require a permanent irrigation system; or

4. Plant collections, as part of botanical gardens and arboretums open to the public.

17.25.030 Xeriscape Principles
The following xeriscape principles serve as the primary means of achieving water conservation:

A. Design of the landscape by dividing it into high-, moderate,- and low-water use zones and by taking advantage of microclimates caused by the different conditions of sun, slope, moisture and air movement (hydrozones);
B. Efficient irrigation systems;
C. The use of soil amendments to improve the water-holding capacity of the soil; D. Limiting turf to locations where it provides functional benefits; E. The use of mulches, where appropriate;
F. Selection of appropriate plants; and
G. Maintaining the landscape appropriately (monitor the irrigation system and water according to needs).

17.25.040 Areas to be Landscaped
The following areas shall be landscaped and may count toward the total area of the site required to be landscaped by the zoning district regulations.

Agenda Item #9.1.

Part IV: Citywide Standards
Part 1V, Page 14 | St. Helena Zoning Code | October 2022 Public Review Draft A. Required Setbacks. All required front and street-facing side setbacks, except for areas used for exit and entry, shall be landscaped.

B. Interior Property Lines Abutting Residential Districts. Whenever a nonresidential use is located adjacent to a residential district or use, a landscape buffer planted with a mix of trees and shrubs shall be provided along interior property lines. At least one tree of at least 15- gallon size shall be planted per 20 linear feet or as appropriate to create a tree canopy over the buffer. In addition, at least three shrubs shall be planted per 20 linear feet.

1. SC, BPO, and I Districts. Landscaped buffer six feet in width.

2. Other Non-residential Uses. Landscaped buffer four feet in width.

C. Building Perimeters. The portions of a nonresidential building that front a public street shall have one or more landscape planters installed along a minimum 20 percent of that building face. The minimum width of the planter shall be three feet. This standard does not apply to buildings facing Main Street within the Historic Overlay District and buildings located on the front or corner side property line.

D. Landscaping Requirements on Flag Lots. Landscaping is required in the panhandle portion of a flag lot alongside the driveway.

E. Unused Areas. All areas of a project site not intended for a specific use, including areas planned for future phases of a phased development, shall be landscaped or hydroseeded. The Community Development Director may waive this requirement for areas planned for future development.

17.25.050 Requirements
A. Model Water Efficient Landscaping Ordinance (MWELO). Landscaping shall be consistent with the State of California’s MWELO, which is found at Sections 490 to 495 of Chapter 2.7, Division 2, Title 23, of the California Code of Regulations.

B. General Requirements. In all areas where landscaping is required in accordance with Section

17.25.040, Areas to be Landscaped, landscaping shall be permanently maintained by the property owner in accordance with the following standards:

1. Shade Tree Species. Shade trees shall be of a variety approved by the City that will, under ordinary circumstances and growing conditions, provide shade upon reaching maturity.

2. Tree Distribution. Distribution of trees shall generally be in a grid or similar pattern or exhibit a regular spacing within off-street parking lots, required setbacks, and other open spaces and landscaped areas.

3. Incidental features. Landscaping may include incidental features such as stepping stones, benches, fountains, sculptures, decorative stones, or other ornamental features, placed within a landscaped setting.

4. Gardens. Garden areas and other areas dedicated to edible plants are considered landscaped areas and count toward required landscaping.

Agenda Item #9.1.

Part IV: Citywide Standards
October 2022 Public Review Draft | St. Helena Zoning Code | Part IV, Page 15

5. Turf. No more than 25 percent of the landscaped area may be turf. If the turf is irrigated with reclaimed or greywater, this percentage may be exceeded, as determined by the Public Works Director.

6. Gravel Surfaces and Pavers. Landscaped areas may include graveled surfaces and surfaces paved with pavers, provided they do not cover more than 30 percent of the area required to be landscaped.

7. Invasive Plants Prohibited. Plant species that are listed by California Invasive Plant Council (Cal-IPC) as invasive are prohibited. Existing invasive plants and noxious weeds shall be removed.

C. Specific Requirements.

1. CB and MU with Main Street frontage. The following standards apply to all parcels with frontage on Main Street in the CB and MU districts. a. Dimension of Landscaped Areas. No landscaped area smaller than two feet in any horizontal dimension shall count toward required landscaping. b. Parking Areas. Unless otherwise specified in this Chapter or under the conditions of an approved permit, planted areas shall have a width of not less than four feet and shall be protected from vehicles where necessary through the provision of barriers or tire stops.

2. All Other Areas. The following standards apply to all areas not described in

17.25.050.C.1.
a. Dimension of Landscaped Areas. No landscaped area smaller than three feet in any horizontal dimension shall count toward required landscaping. b. Parking Lot Trees. All trees in parking lots shall be a minimum 15 gallon can size and shall conform to the National Association of Nurserymen’s adopted standards for growth, condition and development of nursery-supplied materials. Modification of these standards for equivalent quality of tree or shade plant may be permitted depending on the species. The following minimum number of trees in Table 17.25.050, Parking Lot Trees Required, shall be required in any parking lot:

Table 17.25.050: Parking Lot Trees Required
Parking Lot Size Number of Trees
15 spaces or fewer 1 tree/4 spaces (minimum of 2 trees) 16 spaces or more
20 trees/acre if canopy is 40 feet or greater
24 trees/acre if canopy is less than 40 feet
c. Planters. Where a parking lot abuts a public right-of-way, there shall be provided a landscaped planter that is a minimum three feet in width and parallel to the right-of-way.
d. Curbing. In all areas where vehicular circulation is permitted, landscaping and shade trees shall be contained in planters and tree wells bordered by a sixinch-high concrete curb or equivalent barrier approved by the City.

Agenda Item #9.1.

Part IV: Citywide Standards
Part 1V, Page 16 | St. Helena Zoning Code | October 2022 Public Review Draft e. Width and Protection. Unless otherwise specified in this Chapter or under the conditions of an approved permit, planters and tree wells shall have a width of not less than five feet and shall be protected from automobile overhang where necessary through the provision of barriers, tire stops, or additional width.

D. Maintenance. All planting and other landscape elements shall be maintained in good growing condition. Such maintenance shall include, where appropriate, pruning, mowing, weeding, cleaning, fertilizing, and regular watering. Wherever necessary, plantings shall be replaced with other plant materials to ensure continued compliance with applicable landscaping requirements.

E. Irrigation. Landscaped areas and planters shall be served by an irrigation system approved by the City and shall be kept in a weed-free condition.

F. Landscape Documentation Package. For any project subject to this Section, a landscape documentation package shall be submitted to, reviewed by, and approved by the Community Development Director prior to the issuance of any building permit or the replacement of landscaping. The landscape documentation package shall include all required information as established in the State MWELO guidelines or successor regulations.

G. Amendment of Approved Plan. Any significant change of plant material, size or design from that contained in an approved landscaping plan shall require the approval of a revised landscaping plan reviewed in the same manner as the original plan. The Community Development Director may determine on a case-by-case basis what is a significant change to an approved landscaping plan.

Agenda Item #9.1.

Part IV: Citywide Standards
October 2022 Public Review Draft | St. Helena Zoning Code | Part IV, Page 17 Chapter 17.26 Parking and Loading

17.26.010 Purpose
The purpose of this Chapter is to:

A. Require parking spaces and loading spaces for all land uses that are sufficient in number, size, and arrangement;
B. Minimize the negative environmental and urban design impacts of parking lots, driveways, and drive aisles within parking lots;
C. Ensure the provision of adequate off-street bicycle parking; D. Establish standards and regulations for safe and well-designed parking, loading and unloading, and vehicle circulation areas that minimize conflicts between pedestrians and vehicles, and where appropriate, create buffers from surrounding land uses; E. Minimize the amount of area devoted to parking by allowing reductions in the number of required spaces, shared parking facilities, and other methods to lower vehicle parking demand;
F. Encourage modal shift; and
G. Reduce urban run-off and heat island effect through reduced parking footprints.

17.26.020 Definitions
As used in this Chapter:

A. Access drive. A paved way located outside of the public right-of-way that provides vehicular access between the public street and the required parking for more than one lot, or for one lot if necessary for emergency vehicle access. Within a parking lot, that portion providing access other than aisles.

B. Aisle. The portion of a parking lot which is contiguous to a parking space and provides direct access to the parking space.

C. Bicycle Parking Space. A space dedicated to the parking of bicycles that typically includes supports to which the bicycle may be attached.

D. Bicycle Locker. A locker or box in which up to 2 bicycles can be placed and locked to prevent theft, shelter bicycles from the weather, and deter casual vandalism.

E. Driveway approach. That portion of a residential driveway which connects a residential driveway to the street is a driveway approach, typically located in the right-of-way.

F. Electric Vehicle Charging Station. An electric vehicle supply equipment station designed and built in compliance with California Electrical Code Article 625 that delivers electricity from a source outside an electric vehicle into a plug-in electric vehicle.

G. Off-street loading space. A parking space or portion of a parking lot marked and designated for temporary parking for purposes of loading and unloading.

Agenda Item #9.1.

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 #9.1.

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 #9.1.