City of St. Helena
Special Joint City Council and Planning
Commission Meeting
Special Joint Meeting
Wednesday, November 16, 2022 @ 5:00 PM
Vintage Hall Board Room - Second Floor,
465 Main Street, St. Helena
PLEASE NOTE: Any person who wishes to speak regarding an item on the agenda or make a comment under the "Oral Communication" portion of the agenda may do so, but please observe the time limit of four minutes.
Simultaneous Spanish interpretation services during meetings can be scheduled upon request.
To ensure interpreters are available, requests must be made at least 72 hours in advance by calling the Office of the City Clerk at (707) 968-2640 or emailing [email protected].
The schedule of upcoming meetings and published meeting agendas can be found on the City of St. Helena website at https://sthelena.civicweb.net/portal/.
Servicios de interpretación en español durante la reunión pueden ser solicitados por el público.
Para asegurar que los intérpretes estén disponibles, los servicios tienen que ser solicitados al menos 72 horas antes de la reunión llamando a la oficina de la Secretaria de la Ciudad al (707) 968-2640 o por correo electrónico a [email protected] .
El horario de las reuniones publicadas y próximas puede ser localizado en el sitio de web de la Ciudad en https://sthelena.civicweb.net/portal/ .
Page
1. CALL TO ORDER
2. PLEDGE OF ALLEGIANCE
3. ADOPTION OF THE AGENDA
4. ROLL CALL
Mayor: Geoff Ellsworth, Vice Mayor: Paul Dohring, City Council Members: Anna Chouteau, Eric Hall and Lester Hardy
Chair: John Ponte, Vice Chair: Autumn Anderson, Commissioners: Rosaura Segura, Marika Rothfeld and Chris Warner
5. PUBLIC FORUM:
Under California law, public comments at special meetings are limited to subjects on the agenda only. Therefore public comment will take place during consideration of the item. Each person’s comments shall be limited to 4 minutes.
6. REPORTS BY STAFF AND CITY COUNCIL, FUTURE AGENDA ITEMS, AND AB 1234 REPORTS:
Reports by staff and/or Councilmembers on items of general interest. Brief questions for clarification may be posed and answered, and Councilmembers may request that items be placed on a future agenda. Except under certain circumstances, the Brown Act prohibits any other discussion or action by the City Council.
7. STAFF BRIEFING
8. CONSENT ITEMS
Members of the Council or the public may ask that any items be considered individually for purposes of considering alternative action, for extended discussion, or for public comment. Unless that is done, one motion may be used to adopt all recommended actions. (Roll Call Vote)
9. NEW BUSINESS
9.1. Comprehensive Zoning Code Update-Public Meeting #2 CEQA Determination: CEQA will be completed before formal adoption.
Prepared By: Maya DeRosa, Community Development Director Recommendation:
No action is required.
Staff Report - Pdf
3. Public Comment_TreasuryWineEstate
PPT. Presentation_LWC_111622
4. Public Comment_Susan Kenward
5. Public Comment_Steve Goldfarb
6. Public Comment_OTSH
7. Public Comment_Geoff Ellsworth
5 - 431
10. ADJOURNMENT
The next Regular City Council meeting is scheduled for November 22, 2022 at 6:00 p.m.
This agenda was posted at City Hall, 1572 Railroad Avenue, and at Vintage Hall, 465 Main Street, St. Helena, California on November 9, 2022.
Cindy Tzafopoulos, City Clerk
In Compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please call the City Clerk’s Office (707) 967-2792. Notification 72 hours prior to the meeting as required by Section 202 of the Americans with Disabilities Act will enable the City to make reasonable arrangements to ensure accessibility to this meeting
CHALLENGING DECISIONS OF CITY ENTITIES
The time limit within which to commence any lawsuit or legal challenge to any quasi-adjudicative decision made by the City of St. Helena is governed by Section 1094.6 of the Code of Civil Procedure, unless a shorter limitation period is specified by any other provision, including without limitation Government Code section 65009 applicable to many land use and zoning decisions, Government Code section 66499.37 applicable to the Subdivision Map Act, and Public Resources Code section 21167 applicable to the California Environmental Quality Act (CEQA). Under Section 1094.6, any lawsuit or legal challenge to any quasi-adjudicative decision made by the City must be filed no later than the 90th
day following the date on which such decision becomes final. Any lawsuit or legal challenge, which is not filed within that 90-day period, will be barred.
Government Code section 65009 and 66499.37, and Public Resources Code section 21167, impose shorter limitations periods and requirements, including timely service in addition to filing.
If a person wishes to challenge the above actions in court, they may be limited to raising only those issues they or someone else raised at the meeting described in this notice, or in written correspondence delivered to the City of St.
Helena, at or prior to the meeting. In addition, judicial challenge may be limited or barred where the interested party has not sought and exhausted all available administrative remedies.
SUPPLEMENTAL MATERIAL RECEIVED AFTER THE POSTING OF THE AGENDA
Any supplemental writings or documents distributed to a majority of the City Council regarding any item on this Agenda, after the posting of the Agenda, will be available for public review in the City Clerk’s Office located at 1480 Main Street, St. Helena, California, during normal business hours. In addition, such writings or documents will be made available on the City’s web site at https://sthelena.civicweb.net and will be available for public review at the respective meeting.
Report to the City Council
Special Joint City Council and Planning
Commission Meeting - 16 Nov 2022
Agenda Section: NEW BUSINESS
Subject: Comprehensive Zoning Code Update-Public Meeting #2 CEQA
Determination:
CEQA will be completed before formal adoption.
Prepared By: Maya DeRosa, Community Development Director Reviewed By: Anil Comelo, City Manager
Approved By: Anil Comelo, City Manager
BACKGROUND
On June 2019, the City of St. Helena adopted a new General Plan. The comprehensive update to the 1993 General Plan included a number of implementation actions which indicated a new zoning ordinance would be needed to bring the zoning into compliance with the new General Plan. The City hired the consulting firm of Lisa Wise Consulting in December 2019 to lead the code update effort.
On May 5, 2020, the City held a joint City Council and Planning Commission Special meeting to discuss a summary of the stakeholder input received in February and March of 2020. Key issues that were discussed include:
• Discretionary Review Process: there is a lack of predictability for applicants; Design Review findings need to be less subjective.
• Housing: there is a need for more creative housing types, density and strategic infill.
• Neighborhood Character: new residential rebuilds are out of context with neighborhood scale and mass; floor area ratio (FAR) should be reduced; design review findings are unclear.
• Downtown: the list of permitted uses in the downtown should be expanded to create economic stimulus.
• Format: the current use-based format of the code should be maintained instead of switching to a form based code.
Agenda Item #9.1.
Some key objectives of this work effort by the City include a more user friendly code, clear standards attracting high quality development, addressing current legislation and ensuring that new development is compatible with neighborhood character.
Following the May 5, 2020 meeting, the consultant compiled a Recommendations Memo which was presented to the Planning Commission at meeting on August 24, 2020. A meeting with a group of Downtown Stakeholders occurred on June 23, 2021 to solicit feedback on constraints with the current code and additional uses that should be added to the code, particularly in the CB, Central Business District. As a result of this input, the new code now includes a broader array of permissible uses including creative maker spaces, brewpubs and public markets (see Table
17.17.020).
The City Council created a three-member Zoning Code Subcommittee (Council members Hardy and Hall and Chair Ponte) to work with staff and the consultant in the review of the draft code and provide feedback prior to release to the public. The Subcommittee conducted 12 meetings starting on March 10, 2021 and concluding on August 30, 2022.
The Public Review Draft of the new zoning code was released on October 18, 2022 and the first of three proposed public meetings to receive comments was held on October 26th as a special joint City Council and Planning Commission meeting. The focused discussion topics of that meeting were sections of the code pertaining to review authority, new permit processes and residential development and design standards. Comments were received from the City Council, Planning Commission and members of the public. Staff is preparing a tracking table of all comments received and responses with references to the code section. This tracking table will be published with the December 7th staff report and note areas of the code from public meetings number 1 and 2 that staff desires to confirm direction. Additionally with the December report, staff will attach a prior study conducted by LWC of a comparison of buildout scenarios in the A-20, LR, MR and HR zones.
DISCUSSION
Topics of Discussion for Public Meeting #2 on 11-16-2022 Central Business (CB) District Amendments
After receiving broad input from a meeting with downtown stakeholders, the City was advised to explore adding new uses to that add both opportunities for housing and more diversity of uses in the downtown. Further adding the ability to allow more businesses to open with a staff level review instead of discretionary Planning Commission review was encouraged. Staff and LWC consultant conducted a more focused analysis at what are the highest and best uses on Main Street that will maximize both pedestrian activity and downtown economic revitalization which resulted in a number of uses that are now either not allowed on Main Street or must be on upper floors.
Agenda Item #9.1.
New added uses:
• Live/Work (CUP)
• Single Room Occupancy (CUP)
• Brewpub (Permitted)
• Micro-brewery (CUP)
• Mobile Food Vendor (CUP)
• Public Market (CUP)
• Maker Spaces (candle-making, ceramics, pottery, glassblowing, jewelry) • Food and beverage manufacturing (to be clarified if requires food and beverage service)
• Amphitheater
• Cultural Institution and Museum
• Low Barrier Navigation Center
Some examples of changes to existing uses:
• Banks not allowed on Main Street
• Parking facilities not allowed on Main Street
• Restaurants now Minor Use Permit (not CUP)
• Outdoor dining now Minor Use Permit (not CUP)
• Massage establishment now Minor Use Permit on upper floors only (not CUP) Development Standard Changes:
• Building frontage standards added based on location in district to promote urban form
• Added reduced height standard if facing Oak Avenue
• Established maximum front setback on both Main Street and Oak Avenue MU District
This is a new zoning district that has been implemented as a result of the 2019 General Plan creating a new land use designation "Mixed Use". This zoning district establishes residential densities from 12 to 20 units per acre and the floor area ratio maximum is
1.0, inclusive of residential uses which is consistent with the General Plan EIR assumptions for this land use category.
This district allows for a range of residential uses (see Table 17.17.020), including live/work, single room occupancy and multi-family development in conjunction with nonresidential development. The non-residential use list mirrors the CB uses in many respects.
A list of the proposed development standards is found in Table 17.17.030. This zoning district implements many goals in the proposed Housing Element by encouraging higher density development with adjacent services for residents.
Service Commercial (SC) District Amendments
Agenda Item #9.1.
The following are new added uses:
• Brewpub (Permitted)
• Mobile Food Vendor (CUP)
• Public Market (CUP)
• Maker Spaces (candle-making, ceramics, pottery, glassblowing, jewelry) • Food and beverage manufacturing (to be clarified if requires food and beverage service) (CUP)
• Amphitheater (CUP)
• Cultural Institution and Museum (MUP)
• Large Wineries (CUP)
Some examples of changes to existing uses that are now Minor Use Permit and Not CUP:
• Restaurants
• Outdoor dining
• Massage establishment
Development Standard Changes:
• Added maximum FAR of .50
• Increased maximum floor area per building from 10,000 SF to 15,000 SF • Created minimum building frontage of 60% of lot width • Added accessory building height maximum of 16 feet
Winery District Changes
There were not any substantial use or development standard changes. • Primary use changes in Table 17.19.020 involves: 1) requiring the construction of new tanks to have conditional use permit approval; and 2) clarification that accessory uses within an enclosed building are permitted uses but outdoor uses and outdoor equipment accessory of a winery may require a CUP. (see footnote 8)
• Please also see Part V of the code where new definitions have been added for wine production, wine marketing event, winery (large and small), winery event center and winery visitor center.
Design Standards for Commercial and Mixed Use
Section 17.17.040 includes new design standards (many with illustrations) for projects in the CB, SC and MU zoning districts. The design standards include but are not limited to:
• Building orientation and articulation
• Exterior building materials and color
Agenda Item #9.1.
• Refuse enclosures
• Building transparency
• Off-street parking
Formula Business Regulations
On April 26, 2022, the City Council had a discussion item related to proposed changes to the current formula business restrictions in the zoning code. The Economic Development Strategy presented to the City Council in 2021 recommended that the City consider methods to allow for economic revitalization, including having less restrictive formula retail restrictions. In response, the City Council recommended that the new zoning code set a cap of no more than four formula retail businesses in the Central Business (CB), Mixed Use (MU)and Service Commercial (SC) zones and continue to prohibit formula restaurants. Additionally, the new code still requires a conditional use permit in the CB and MU Districts but in the SC zone, formula retail is a permitted use.
Additionally, the new code establishes specific findings for formula business conditional use permits in Section 17.22.120.
Short -Term Rental Ordinance Changes
The existing short-term rental (STR) ordinance has some proposed minor refinements to add more clarity in the regulations. A summary of the key changes include:
• Adding that a third party may file an appeal of an approval of a STR permit • Adding that the permit holder is responsible for providing verification of the TOT tax payments
• Clarifying that the Community Development Director has the discretion to determine whether a complaint is valid
• Requiring that the address of the local contact person must be kept on file with the City and adding that the City reserves the right to reject a local contact person if their location is out of the area
• Revising the number of days from 30 to 14 days for the timeframe property owners receiving a notice may file a written protest against the STR use Next Steps
The City will conduct one additional joint City Council and Planning Commission public meeting which at this time is tentatively scheduled for December 7th. Public comment and feedback are requested at these meetings and the anticipated topics are below:
December 7, 2022 Code Topics: (Part III and IV of Code) • Citywide Standards (parking, signs, affordable housing) Agenda Item #9.1.
• Overlay Zones (Parking Exemption, Historic Preservation, Planned Development)
At the conclusion of the zoning code public meetings in 2022, staff and the consultant will consider all the comments received. It is important to note that there is limited budget in the current zoning code contract to make significant changes to code content or add substantial new content. Upon receiving clear, unified direction from the City Council and Planning Commission, the consultant will make revisions to the draft code in advance of presenting the updated Public Review Draft Code for adoption in the first quarter of 2023. There will be formal public hearings both by the Planning Commission and City Council to consider the updated code and additional public comment will be received at those meetings.
RECOMMENDED ACTION
No action is required.
ATTACHMENTS
Public Review Draft Zoning Code October 2022
Draft Zoning Map
1. Public Comment_Rue
2. Public Comment_Min
Agenda Item #9.1.
Prepared by:
Prepared for:
City of St. Helena
1572 Railroad Avenue
St. Helena, CA 94574
Lisa Wise Consulting, Inc.
983 Osos Street
San Luis Obispo, CA 93401
Public Review Draft
October 2022
Agenda Item #9.1.
This page intentionally left blank.
Agenda Item #9.1.
Table of Contents
October 2022 Public Review Draft | St. Helena Zoning Code | i Table of Contents
PART I: GENERAL PROVISIONS
Title, Authority, and Purpose................................................................... 1 Title ...............................................................................................................................1 Authority............................................................................................................................1 Purpose .............................................................................................................................1 Applicability.......................................................................................................................2 Relationship to the General Plan ...................................................................................2 Interpretation of the Zoning Code.................................................................................3 Zoning Map .......................................................................................................................3 Interpretation of District Boundaries ............................................................................3 Severability........................................................................................................................4 Reserved ..................................................................................................... 5 PART II: ADMINISTRATION AND PROCEDURES
Zoning Code Administration .................................................................... 1
17.03.010 Purpose .............................................................................................................................1
17.03.020 Approval Authorities........................................................................................................1
17.03.030 Summary of Approval Authorities for Decisions and Appeals...................................2
17.03.040 Approvals to Conform to Code.......................................................................................4 Common Procedures................................................................................. 5
17.04.010 Purpose .............................................................................................................................5
17.04.020 Application Process..........................................................................................................5
17.04.030 Fees ...............................................................................................................................6
17.04.040 Review of Planning Applications ....................................................................................7
17.04.050 Determination of Similar Use .........................................................................................9
17.04.060 Interim Zoning Ordinance...............................................................................................9
17.04.070 Environmental Review...................................................................................................10
17.04.080 Public Hearing Notice ....................................................................................................10 Agenda Item #9.1.
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ii | St. Helena Zoning Code | October 2022 Public Review Draft
17.04.090 Continuance of Public Hearing.....................................................................................11
17.04.100 Timing and Notice of Action..........................................................................................11
17.04.110 Authority to Apply Conditions of Approval.................................................................11
17.04.120 Effect of Approvals .........................................................................................................12
17.04.130 Terms of Approvals........................................................................................................12
17.04.140 Extension of Permits and Approvals ...........................................................................14
17.04.150 Modifications to an Approval........................................................................................14
17.04.160 Effect of Denials..............................................................................................................14
17.04.170 Appeals ............................................................................................................................15 Planning Permits and Approvals ........................................................... 16
17.05.010 Purpose ...........................................................................................................................16
17.05.020 Conditional Use Permit (CUP).......................................................................................16
17.05.030 Demolition Permit..........................................................................................................18
17.05.040 Historic Demolition Permit ...........................................................................................19
17.05.050 Development Agreement..............................................................................................21
17.05.060 Home Occupation Permit .............................................................................................24
17.05.070 Major Design Review......................................................................................................25
17.05.080 Minor Design Review .....................................................................................................28
17.05.090 Minor Use Permit...........................................................................................................29
17.05.100 Short-Term Rental Permit.............................................................................................31
17.05.110 Temporary Use Permit ..................................................................................................37 Amendments to the General Plan......................................................... 39
17.06.010 Purpose ...........................................................................................................................39
17.06.020 Initiation of Amendment...............................................................................................39
17.06.030 Applications.....................................................................................................................39
17.06.040 Public Hearing.................................................................................................................40
17.06.050 Considerations................................................................................................................40
17.06.060 Modifications by City Council........................................................................................40
17.06.070 Annual review .................................................................................................................41 Amendments to the Zoning Map and Text........................................... 42
17.07.010 Purpose ...........................................................................................................................42
17.07.020 General Plan Conformance Required..........................................................................42 Agenda Item #9.1.
Table of Contents
October 2022 Public Review Draft | St. Helena Zoning Code | iii
17.07.030 Pre-Zoning for Annexation............................................................................................42
17.07.040 Initiation of Amendment...............................................................................................42
17.07.050 Application ......................................................................................................................43
17.07.060 Public Hearings...............................................................................................................43
17.07.070 Considerations................................................................................................................43
17.07.080 Modifications by City Council........................................................................................43 Specific Plans............................................................................................ 45
17.08.010 Purpose ...........................................................................................................................45
17.08.020 Applicability.....................................................................................................................45
17.08.030 Pre-Application Review Required.................................................................................45
17.08.040 Application ......................................................................................................................46
17.08.050 Public Hearing.................................................................................................................46
17.08.060 Modifications by City Council........................................................................................46 Nonconforming Provisions..................................................................... 47
17.09.010 Purpose ...........................................................................................................................47
17.09.020 Continuation and Maintenance....................................................................................47
17.09.030 Nonconforming Uses.....................................................................................................47
17.09.040 Nonconforming Lots ......................................................................................................51
17.09.050 Nonconforming Buildings or Structures .....................................................................51
17.09.060 Illegal Nonconforming Uses and Structures...............................................................52
17.09.070 Nonconforming Signs ....................................................................................................52 Historic Designation................................................................................ 54
17.10.010 Purpose ...........................................................................................................................54
17.10.020 Designation Process ......................................................................................................54
17.10.030 Amendment or Rescission ............................................................................................55
17.10.040 Local Register..................................................................................................................56 Minor Modifications and Variances ...................................................... 57
17.11.010 Minor Modifications to Development Standards.......................................................57
17.11.020 Variances .........................................................................................................................59 Procedures for Appeals........................................................................... 61
17.12.010 Purpose ...........................................................................................................................61 Agenda Item #9.1.
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iv | St. Helena Zoning Code | October 2022 Public Review Draft
17.12.020 Procedure........................................................................................................................61 Enforcement............................................................................................. 63
17.13.010 Purpose ...........................................................................................................................63
17.13.020 Determination of Violation ...........................................................................................63
17.13.030 Penalty .............................................................................................................................63
17.13.040 Issuance of Stop Orders................................................................................................63
17.13.050 Administrative Enforcement Proceedings ..................................................................64
17.13.060 Remedies.........................................................................................................................65 Reserved ................................................................................................... 66 PART III: DISTRICT REGULATIONS
Chapter 17.15 Establishment of Base Zoning Districts .................................................. 1
17.15.010 Purpose .............................................................................................................................1
17.15.020 Establishment of Base Zoning Districts.........................................................................1 Chapter 17.16 Residential Zoning Districts ..................................................................... 2
17.16.010 Purpose and Applicability ...............................................................................................2
17.16.020 Use Regulations................................................................................................................2
17.16.030 Development Standards .................................................................................................4
17.16.040 Design Standards .............................................................................................................6 A. Design Standards for All Residential Development Types…………………………………6 B. Design Standards Specific to Small Lot Development…………………………………….10 C. Design Standards Specific to Multi-Family Development………………………………..14 Chapter 17.17 Commercial and Mixed-Use Districts.................................................... 20
17.17.010 Purpose and Applicability .............................................................................................20
17.17.020 Use Regulations..............................................................................................................20
17.17.030 Development Standards ...............................................................................................26
17.17.040 Design Standards ...........................................................................................................28 Chapter 17.18 Business and Industrial Districts........................................................... 35
17.18.010 Purpose and Applicability .............................................................................................35
17.18.020 Use Regulations..............................................................................................................35
17.18.030 Development Standards ...............................................................................................40 Agenda Item #9.1.
Table of Contents
October 2022 Public Review Draft | St. Helena Zoning Code | v
17.18.040 Design Standards ...........................................................................................................41 Chapter 17.19 Community Agricultural and Natural Resource Districts .................. 45
17.19.010 Purpose and Applicability .............................................................................................45
17.19.020 Use Regulations..............................................................................................................45
17.19.030 Development Standards ...............................................................................................48
17.19.040 Supplemental Standards...............................................................................................50 Chapter 17.20 Public and Open Space Districts ............................................................ 53
17.20.010 Purpose and Applicability .............................................................................................53
17.20.020 Use Regulations..............................................................................................................53
17.20.030 Development Standards ...............................................................................................55
17.20.040 Supplemental Standards...............................................................................................55 Chapter 17.21 Overlay Districts ...................................................................................... 57
17.21.010 Flood Plain Overlay (FP).................................................................................................57
17.21.020 Mobile Home Park Overlay (MHP) ...............................................................................59
17.21.030 Parking Exemption District (PED) .................................................................................61
17.21.040 Historic Preservation Overlay (HP)...............................................................................61
17.21.050 Planned Development Overlay (PD) ............................................................................69 Chapter 17.22 Specific to Uses ........................................................................................ 75
17.22.010 Purpose and Applicability .............................................................................................75
17.22.020 Accessory Uses ...............................................................................................................75
17.22.030 Accessory Dwelling Units ..............................................................................................75
17.22.040 Adult-Oriented Businesses ...........................................................................................82
17.22.050 Alcoholic Beverage Sales...............................................................................................83
17.22.060 Animal Keeping...............................................................................................................84
17.22.070 Beekeeping......................................................................................................................86
17.22.080 Bed and Breakfast Inns .................................................................................................87
17.22.090 Cannabis Uses ................................................................................................................88
17.22.100 Community Gardens......................................................................................................90
17.22.110 Cottage Food Operations..............................................................................................90
17.22.120 Formula Businesses.......................................................................................................92
17.22.130 Home Occupations ........................................................................................................93
17.22.140 Live/Work Units ..............................................................................................................94 Agenda Item #9.1.
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vi | St. Helena Zoning Code | October 2022 Public Review Draft
17.22.150 Mobile Food Vendors.....................................................................................................97
17.22.160 Mobile Homes.................................................................................................................98
17.22.170 Outdoor Dining and Seating .........................................................................................98
17.22.180 Outdoor Display and Sales......................................................................................... 100
17.22.190 Service Stations ........................................................................................................... 102
17.22.200 Short-Term Rentals ..................................................................................................... 103
17.22.210 Single-Room Occupancy Units .................................................................................. 106
17.22.220 Small Recycling Facilities ............................................................................................ 108
17.22.230 Small Wineries ............................................................................................................. 109
17.22.240 Solar Energy Systems.................................................................................................. 112
17.22.250 Temporary Uses .......................................................................................................... 113
17.22.260 Time Share Uses.......................................................................................................... 115
17.22.270 Wireless Telecommunication Facilities..................................................................... 119 Chapter 17.23 Reserved ................................................................................................. 134 PART IV: CITYWIDE STANDARDS
Chapter17.24 General Site Standards ............................................................................. 1
17.24.010 Purpose .............................................................................................................................1
17.24.020 Accessory Buildings and Structures...............................................................................1
17.24.030 Encroachments into Required Setbacks .......................................................................2
17.24.040 Height Exceptions.............................................................................................................3
17.24.050 Fences, Walls, and Hedges..............................................................................................3
17.24.060 Flag Lots.............................................................................................................................4
17.24.070 Lighting and Illumination ................................................................................................5
17.24.080 Refuse and Recycling Areas ............................................................................................9
17.24.090 Screening.........................................................................................................................10
17.24.100 On-Site Storage...............................................................................................................11 Chapter 17.25 Landscaping.............................................................................................. 12
17.25.010 Purpose ...........................................................................................................................12
17.25.020 Applicability.....................................................................................................................13
17.25.030 Xeriscape Principles .......................................................................................................13
17.25.040 Areas to be Landscaped................................................................................................13 Agenda Item #9.1.
Table of Contents
October 2022 Public Review Draft | St. Helena Zoning Code | vii
17.25.050 Requirements .................................................................................................................14 Chapter 17.26 Parking and Loading................................................................................ 17
17.26.010 Purpose ...........................................................................................................................17
17.26.020 Definitions .......................................................................................................................17
17.26.030 Applicability.....................................................................................................................18
17.26.040 Required Parking Spaces...............................................................................................19
17.26.050 Parking Area and Access Design Standards ...............................................................21
17.26.060 Parking Reductions ........................................................................................................25
17.26.070 General Provisions .........................................................................................................25
17.26.080 Bicycle Parking................................................................................................................26
17.26.090 Electric Vehicle Charging Station..................................................................................28
17.26.100 On-Site Loading and Unloading ...................................................................................29 Chapter 17.27 Signs........................................................................................................... 31
17.27.010 Purpose ...........................................................................................................................31
17.27.020 Sign Definitions...............................................................................................................31
17.27.030 Applicability.....................................................................................................................36
17.27.040 Minor Sign Permit ..........................................................................................................38
17.27.050 Major Sign Permit...........................................................................................................39
17.27.060 General Standards for All Signs....................................................................................42
17.27.070 Standards for Permanent Signs ...................................................................................51
17.27.080 Standards for Temporary Signs....................................................................................67
17.27.090 Nonconforming Signs ....................................................................................................71
17.27.100 Enforcement ...................................................................................................................71
17.27.110 Severability......................................................................................................................71 Chapter 17.28 Performance Standards.......................................................................... 72
17.28.010 Purpose ...........................................................................................................................72
17.28.020 Applicability.....................................................................................................................72
17.28.030 Prohibited Uses ..............................................................................................................72
17.28.040 Measurement of Impacts..............................................................................................72
17.28.050 Dust and Fumes .............................................................................................................72
17.28.060 Electromagnetic Interference.......................................................................................72
17.28.070 Fire and Explosive Hazards ...........................................................................................73 Agenda Item #9.1.
Table of Contents
viii | St. Helena Zoning Code | October 2022 Public Review Draft
17.28.080 Hazardous and Extremely Hazardous Materials .......................................................73
17.28.090 Heat and Humidity .........................................................................................................73
17.28.100 Waste Disposal ...............................................................................................................73
17.28.110 Vibration..........................................................................................................................74 Chapter 17.29 Density Bonus .......................................................................................... 75
17.29.010 Purpose ...........................................................................................................................75
17.29.020 Applicability.....................................................................................................................75
17.29.030 Project Requirements....................................................................................................75
17.29.040 Application ......................................................................................................................76
17.29.050 Waiver or Reduction of Development Standards ......................................................78
17.29.060 Affordable Housing Concessions or Incentives..........................................................79
17.29.070 Land Donation ................................................................................................................79
17.29.080 Parking.............................................................................................................................80
17.29.090 Priority for Water and Sewer Services.........................................................................80 Chapter 17.30 Affordable Housing Program.................................................................. 81
17.30.010 Purpose ...........................................................................................................................81
17.30.020 Housing Impact Fees .....................................................................................................81
17.30.030 Inclusionary Housing Requirements ...........................................................................82
17.30.040 Inclusionary Housing Compliance Procedures ..........................................................88
17.30.050 Administration and Enforcement of Affordable Housing Program.........................89 Chapter 17.31 Two-Unit Projects .................................................................................... 93
17.31.010 Purpose ...........................................................................................................................93
17.31.020 Definition.........................................................................................................................93
17.31.030 Application ......................................................................................................................93
17.31.040 Approval ..........................................................................................................................93
17.31.050 Requirements .................................................................................................................93 PART V: DEFINITIONS AND RULES OF MEASUREMENT
Definitions of Terms.................................................................................. 1 Definitions of Uses................................................................................... 24 Agenda Item #9.1.
Table of Contents
October 2022 Public Review Draft | St. Helena Zoning Code | ix Rules of Measurement ............................................................................ 36
17.34.010 Measuring Fractions ......................................................................................................36
17.34.020 Measuring Distances .....................................................................................................36
17.34.030 Measuring Height...........................................................................................................37
17.34.040 Measuring Lots ...............................................................................................................40
17.34.050 Measuring Floor Area and Floor Area Ratio ...............................................................40
17.34.060 Measuring Lot Coverage ...............................................................................................42
17.34.070 Determining Lot Frontage.............................................................................................43
17.34.080 Measuring Setbacks.......................................................................................................43
17.34.090 Measuring Signs .............................................................................................................44 Agenda Item #9.1.
Table of Contents
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Agenda Item #9.1.
Part I: General Provisions
October 2022 Public Review Draft | St. Helena Zoning Code | Part I, Page 1 Title, Authority, and Purpose
Title
Title 17 of the City of St. Helena Municipal Code shall be known and cited as the “Zoning Code” or “Code.”
The Zoning Map that is a part of the Zoning Code shall be known as the “City of Helena Official Zoning Map” or “Zoning Map” (see Section 17.01.070, Zoning Map).
The Zoning Code and the Zoning Map shall be subject to change from time to time as may be determined by the City Council.
Authority
The St. Helena Zoning Code is adopted pursuant to the authority contained in § 65850 of the California Government Code.
Purpose
The purpose of this Zoning Code is to:
Protect and promote the public health, safety, peace, comfort, and general welfare; Encourage orderly, compatible and beneficial uses of land; Minimize conflicts which might result from incompatible and inappropriate land uses; Maintain and enhance the desirable character of the City and its various neighborhoods and areas;
Lessen congestion on streets;
Prevent and lessen the human and property loss resulting from natural and manmade hazards;
Facilitate the provision of adequate community facilities such as schools, parks, streets, fire protection and other public requirements;
Provide open space for light and air;
Protect agricultural soils, vegetation, wildlife and other natural resources from incompatible and deleterious activities;
Preserve, protect and enhance the environment of the City; Provide for a variety of housing types and housing opportunities; and Otherwise promote the general community welfare in accord with the City’s General Plan.
Protect the City’s historic resources.
Agenda Item #9.1.
Part I: General Provisions
Part 1, Page 2 | St. Helena Zoning Code | October 2022 Public Review Draft Applicability
The provisions of this Title shall apply to all land and all owners of land within the incorporated limits of the City and shall be applicable not only to private persons, agencies, and organizations, but also to all public agencies and organizations to the full extent that such provisions may now or hereafter be enforceable in connection with the activities of any such public agency or organization. In their interpretation and application, the provisions of this Title shall be held to be minimum requirements.
Compliance with Use Regulations. No land, building, structure or premises shall be used, designated or intended to be used for any purpose or in any manner other than that which is permitted by this Title, the regulations of the applicable zoning district in which such land, building, structure and premises is located, and any conditions of approval imposed upon any permit authorized by this Title.
Compliance with Development Standards. No building or part thereof or structure shall be erected, constructed, reconstructed, structurally altered, enlarged, rebuilt or removed except in conformity to the yard, setback, building location and height regulations of this Title, the regulations of the applicable zoning district in which such building or part thereof or structure is located, and any conditions of approval imposed upon any permit authorized by this Title.
Conflicting Regulations. Where conflict occurs between the regulations of this Title and the Building Code or other regulations effective within the City, the more restrictive regulation shall apply except in areas subject to discretionary design review provisions.
Limitations. Except as otherwise authorized by the City Council, the City shall not process any application for a permit, approval or clearance that is sought pursuant to this Title (including, without limitation, a Conditional Use Permit, variance, zoning amendment, or General Plan amendment) for any property found in violation of this Title until the violation is corrected.
Relationship to the General Plan
It is the policy of the City as expressed in the General Plan that the Zoning Code be consistent with the General Plan. For this purpose, consistency is achieved when the various land uses authorized by this Title are compatible with the objectives, policies, general land uses and programs specified in the General Plan.
In accord with this policy, the Zoning Code is intended to implement the General Plan of the City as expressed in the text, maps and diagrams of all elements of the General Plan taken together. In determining consistency, the compatibility and timing of proposed developments and other uses of land shall be considered pursuant to the policies of the General Plan.
This Title recognizes the supremacy of the General Plan. If an inconsistency between the Zoning Code and the General Plan should for whatever reason arise, the General Plan shall prevail over the Zoning Code; the City, shall, in good faith, make every effort to resolve the inconsistency within a reasonable period of time. Any amendment of this Title shall be consistent with the General Plan.
Agenda Item #9.1.
Part I: General Provisions
October 2022 Public Review Draft | St. Helena Zoning Code | Part I, Page 3 Interpretation of the Zoning Code
No matter how carefully constructed, the Zoning Code will require interpretation in its day-to-day administration. In adopting the Zoning Code, it is the intent of the City to interpret and administer the Zoning Code in a reasonable fashion consistent with the public interest of the residents of the City. In their interpretation and application, the provisions of this Title shall be held to be the minimum requirements guided by the following:
Where this Title imposes a greater restriction than is imposed or required by other rules, regulations or ordinances, the provisions of this Title shall control.
Where other rules, regulations, or ordinances impose greater restrictions or more specific standards than those of this Title, the more specific shall control.
Where provisions of this Title are in conflict, the more specific regulations shall apply over the more general; where provisions of this Title remain in conflict, the more restrictive provisions shall apply.
Zoning Map
The designations, locations and boundaries of the base districts and overlays established in this Title shall be shown on the Zoning Map or maps of the City. The Zoning Map accompanying and incorporated into this Title by reference shall govern the administration and enforcement of all regulations, standards and permits. The Zoning Map as amended or changed from time to time, together with all notations, references, data and other information, is adopted and made a part of this Title. Any amendment or rezoning of a property or properties from one zoning district to another zoning district shall constitute an amendment to this Title and shall be so referenced in the amending zoning ordinance.
Interpretation of District Boundaries
All areas within the incorporated boundaries of the City whether land or water, public or private shall be considered to be zoned and shall be governed by the regulations of this Title. Where uncertainty exists as to the boundaries of any district as shown on the Zoning Map, the Planning Commission, upon written application or upon its own motion, shall determine the location of such boundaries. In its determination, the Planning Commission shall be guided by the following rules:
The legal description of the lot or lots referenced by the assessor’s parcel number of any prior rezoning and/or the existing Zoning Map;
Unless otherwise clearly indicated on the Zoning Map, zoning district boundaries shall coincide with property lines, sectional lines, center lines of blocks and/or the boundaries of publicly owned lands;
Where the location of the zoning district boundaries cannot be determined by the above rules, the boundaries shall be located by the use of the scale on the Zoning Map.
Agenda Item #9.1.
Part I: General Provisions
Part 1, Page 4 | St. Helena Zoning Code | October 2022 Public Review Draft Severability
If any section, sentence, clause, phrase, word, portion, or provision of this Chapter is held invalid or unconstitutional by any court of competent jurisdiction, such decision shall not affect, impair, or invalidate any other section, sentence, clause, phrase, word, portion, or provision of this Title which can be given effect without the invalid provision. The invalidation of the application of any section, sentence, clause, phrase, word, portion, or provision of this Title to a particular property or structure, or any particular properties or structures, by any court of competent jurisdiction shall not affect the application of such section, sentence, clause, phrase, word, portion or provision to any other property or structure not specifically included in said invalidation.
Agenda Item #9.1.
Part I: General Provisions
October 2022 Public Review Draft | St. Helena Zoning Code | Part I, Page 5 Reserved
Agenda Item #9.1.
Part I: General Provisions
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Agenda Item #9.1.
Part II: Administration and Procedures
October 2022 Public Review Draft | St. Helena Zoning Code | Part II, Page 1 Zoning Code Administration
17.03.010 Purpose
The purpose of this Chapter is to identify and establish the powers and duties of the Approval Authorities with responsibilities as defined in this Code. Subsequent Sections provide detailed information regarding procedures, applications, permits, and enforcement.
17.03.020 Approval Authorities
The following Approval Authorities are established under this Chapter:
Community Development Director. The Community Development Director shall have such duties assigned by this Code as may be required to fulfill the purposes of this Title. These duties shall be in addition to those contained in Government Code §§ 65900 et seq., as amended. References to the Community Development Director shall also mean any employee(s) of the Community Development Department authorized by the Community Development Director to act in the director’s behalf.
Public Works Director. The Public Works Director shall have such duties assigned by this Code as may be required to fulfill the purposes of this Title. References to the Public Works Director shall also mean any employee(s) of the Public Works Department authorized by the Public Works Director to act in the director’s behalf.
Building Official. The Chief Building Official shall have such duties assigned by this Code as may be required to fulfill the purposes of this Title. References to the Chief Building Official shall also mean any employee(s) of the building division of the Community Development Department authorized by the Chief Building Official to act in the Chief Building Official’s behalf.
Planning Commission. The Planning Commission is established for the purpose of taking final action on certain applications and recommending actions on other applications to the City Council. References to the Planning Commission shall also mean any employee(s) of the Community Development Department when acting in the Planning Commission’s behalf while carrying out specific tasks which have been delegated to staff by the Planning Commission.
The powers and duties of the Planning Commission shall include:
Authority to hear and decide:
a. Applications for Conditional Use Permit;
b. Applications for Variances.
c. Applications for Major Design Review;
d. Adoption of negative declarations or EIR certification and findings when associated with another application acted upon by the Planning Commission.
Authority to review and make recommendations to the City Council on:
Agenda Item #9.1.
Part II: Administration and Procedures
Part II, Page 2 | St. Helena Zoning Code | October 2022 Public Review Draft a. Applications for ordinance amendments and zoning map changes; b. Applications for tentative subdivision maps;
c. Applications for General Plan Amendments;
d. Environmental documentation where the final permit approvals above are made by the City Council;
e. Any other action that state law requires the Planning Commission to consider and recommend before Council consideration.
Authority to hear an appeal taken from any determination made by an administrative or appointed official, such as the Community Development Department staff, Community Development Director or Zoning Administrator in the administration or enforcement of this Title.
The Planning Commission shall adopt rules necessary for the conduct of its affairs in keeping with the provisions of this Title. All meetings shall be open to the public. The Planning Commission shall keep minutes of all proceedings, showing the vote of each member upon each question, or, if absent or failing to vote, indicating such fact, and shall keep records of its own examinations and other official actions, all of which shall be a public record and be immediately filed with the Community Development Department.
City Council. The City Council is established through the incorporation of the City and has final review of matters relating to planning and zoning, subject to delegation of such authority as provided in this Title. These duties shall be in addition to those contained in Government Code §§ 65900 et seq., as amended. References to the City Council shall also mean any employee of the City who acts in the City Council’s behalf while carrying out specific tasks that have been expressly delegated to staff by the City Council.
17.03.030 Summary of Approval Authorities for Decisions and Appeals The Community Development Department shall provide the coordination of review for all planning applications for the establishment of uses and development. Table 17.03.030.A: Approval Authorities identifies the types of applications authorized by this Code and the Approval Authority responsible for recommending and making decisions on each type of application.
Table 17.03.030.A: Approval Authorities
Type of Action
Chapter/
Section
Recommending
Authority Approval Authority Appeal Authority
Planning Permits and Approvals
Conditional Use Permit 17.05.020
Community
Development Director Planning Commission City Council
Demolition Permit 17.05.030
Community
Development Director Planning Commission City Council
Development Agreement 17.05.050 Planning Commission City Council N/A Agenda Item #9.1.
Part II: Administration and Procedures
October 2022 Public Review Draft | St. Helena Zoning Code | Part II, Page 3 Table 17.03.030.A: Approval Authorities
Type of Action
Chapter/
Section
Recommending
Authority Approval Authority Appeal Authority
Historic Demolition Permit 17.05.040
Community
Development Director Planning Commission City Council
Home Occupation Permit 17.05.060 N/A
Community
Development Director Planning Commission
Major Design Review 17.05.070
Community
Development Director Planning Commission City Council
Major Sign Permit 17.27.050
Community
Development Director Planning Commission City Council
Minor Design Review 17.05.080 N/A
Community
Development Director Planning Commission
Minor Sign Permit 17.27.040 N/A
Community
Development Director Planning Commission
Minor Use Permit 17.05.090 N/A
Community
Development Director Planning Commission
Short-Term Rental Permit 17.05.100
Community
Development Director Planning Commission City Council
Short Term Rental Renewal 17.05.100 N/A
Community
Development Director Planning Commission
Temporary Use Permit 17.05.110 N/A
Community
Development Director Planning Commission
Amendments
General Plan Amendments 17.06 Planning Commission City Council N/A Zoning Map Amendments 17.07 Planning Commission City Council N/A Zoning Text Amendments 17.07 Planning Commission City Council N/A Other Actions
Pre-Zoning for Annexation 17.07.030
Community
Development Director Planning Commission City Council
Specific Plans 17.08
Community
Development Director Planning Commission City Council
Reestablishment of an
Abandoned Nonconforming Use 17.09.030Community
Development Director Planning Commission N/A
Minor Modifications 17.11.010 N/A
Community
Development Director Planning Commission
Variance 17.11.020
Community
Development Director Planning Commission City Council
Agenda Item #9.1.
Part II: Administration and Procedures
Part II, Page 4 | St. Helena Zoning Code | October 2022 Public Review Draft
17.03.040 Approvals to Conform to Code
All permits, approvals, clearances, or licenses shall conform to the provisions of this Code. If any issued permit, approval, clearance, or license is in conflict with the provisions of this Code, it shall be null and void.
When carrying out their assigned duties and responsibilities, all Approval Authorities shall interpret and apply the provisions of this Code as minimum requirements adopted for the promotion of the General Plan.
The City shall refuse to issue any permit, approval, or clearance that is sought pursuant to this Title, where the existing or proposed use, building or structure has been found to be in violation of this Code, except as otherwise authorized by the City Council.
Agenda Item #9.1.
Part II: Administration and Procedures
October 2022 Public Review Draft | St. Helena Zoning Code | Part II, Page 5 Common Procedures
17.04.010 Purpose
The purpose of this Chapter is to establish common procedures and requirements for preparation, filing, and processing of development applications required by this Title. The development review process is designed to provide a consistent and efficient method for the City to implement its General Plan and other adopted goals, policies, and standards. For procedures specific to individual permit types, refer to Chapter 17.05, Planning Permits and Approvals.
17.04.020 Application Process
Applicant. Application for any permit shall be made by the property owner, or his or her authorized agent, to the Community Development Director.
Applications.
Application Forms. Application for permits or amendments shall be made with the Community Development Director on a prescribed form and shall include information that is necessary for adequate review of the application, such as plans, elevations, facts, and information deemed by the Community Development Director to be necessary to show details of the proposed use or development. Applications shall include the property owner’s written authorization for any permit, permit amendment or permit extension to be recorded against the property.
Supplemental Materials and Information. The Community Development Director may require the submission of supplemental materials and information as part of an application submittal, including statements, photographs, plans, drawings, renderings, models, material samples, special studies, and other items necessary to describe existing conditions and the proposed project, and to determine the level of environmental review pursuant to the California Environmental Quality Act (CEQA).
Filing Date. The filing date for an application shall be the date an application is certified by the City to be complete pursuant to Government Code § 65943 et seq.
Concurrent Permit/Approval Processing. The following provisions shall apply to multiple permit/approval processing and action by Approval Authorities:
If a project requires more than one discretionary permit or other approval, all permits or other approvals shall be processed concurrently. The concurrent processing of other discretionary permits and approvals associated with but not required for the development of the project (e.g., development agreement) is encouraged.
When more than one permit or other discretionary approval is required and Approval Authority rests with both the Planning Commission and City Council, the final action on all discretionary permits or other approvals shall be taken by the City Council. In such cases, the Planning Commission’s actions shall consist of recommendations to the City Council.
Agenda Item #9.1.
Part II: Administration and Procedures
Part II, Page 6 | St. Helena Zoning Code | October 2022 Public Review Draft When a subdivision is proposed, the provisions of the Subdivision Ordinance and this Title shall apply. Approval Authorities may combine in a single action or review such approvals as are required by this Title and the single approval shall have the same effect as though each action were taken individually, provided each separate approval required is appropriately entered in the record.
Withdrawn Applications. An application may be withdrawn by the applicant prior to the opening of the public hearing or thereafter with the consent of the Approval Authority. A request to withdraw an application must be submitted by the applicant in writing. Withdrawal of an application shall terminate all further action on the application. Where an application has been withdrawn, an application for the same or substantially similar project may be filed within one year from the date of withdrawal. Any such subsequent application shall be considered a new application and be processed accordingly.
17.04.030 Fees
This Section is intended to ensure that the City is reimbursed for its costs of providing services to applicants for development projects and provide uniformity with respect to such provisions. The provisions listed below apply to all such projects except to the extent that more specific state or local regulations preempt its application.
Filing Fee. Fees for processing applications shall be set by resolution of the City Council and shall be representative of the actual costs incurred by the City for processing the application.
Billing Rates. The hourly rate to be billed by the City staff shall be periodically set by resolution of the City Council; other processing costs shall be at rates set by resolution of the City Council (e.g., costs of reproduction) or at direct cost to the City (e.g., postage). Such rates shall not exceed the costs (direct and indirect) of the services provided. Consultants shall be billed at the rate and for the expenses charged to the City plus any allocable overhead.
Billing Records. All processing costs associated with the investigation, processing, inspection or review of development projects, or the enforcement of applicable regulations and conditions to development projects shall be recorded and charged to each project.
Payment of Processing Fees.
The City may, when the Community Development Director deems it appropriate, require an applicant to deposit funds with the City from which the costs described in this Section will be paid. Any remaining unused balance will be returned to the applicant within a reasonable time after a final decision on the application has been made.
No development application may be filed without a deposit in an amount estimated to cover processing costs unless payment of processing fees has been waived by action of the City Council, or the applicant is a public entity exempted from payment of such fees. The City shall make subsequent periodic invoices to ensure that the balance in the project account remains sufficient to cover anticipated processing costs, and it shall be the responsibility of those liable for payment to make such payments.
Agenda Item #9.1.
Part II: Administration and Procedures
October 2022 Public Review Draft | St. Helena Zoning Code | Part II, Page 7 Each applicant for, or operator of, a development project, as well as the owner of the subject property, if different, shall be liable for payment of all processing fees associated with the development project.
Failure to Pay Processing Fees.
Any City body with the authority to approve or conditionally approve or deny a development project may deny such project with leave to amend if after notice the responsible party or parties fail to comply with this Section. The applicant shall be given no less than 10 calendar days’ mailed notice of the City’s intent to take such action.
The Community Development Director, Public Works Director, or Chief Building Official may issue a stop work order if the job site has previously been posted with a notice of intent to issue a stop work order for failure to comply with this Section.
An action may be brought in the name of the City, in any court of competent jurisdiction to enforce a lien. In such action, reasonable attorney’s fees shall be awarded to the prevailing party.
The Finance Director may bring a civil action in the name of the City to collect the fees owing pursuant to this Section. In such action, reasonable attorney’s fees shall be awarded to the prevailing party.
Lien on Subject Property.
The Finance Director may notify an applicant or operator and, if different, the owner of the subject property, of the failure to comply with this Section, the amount outstanding and of the fact that if not paid, the processing fees shall become a lien against the property. Such notice shall be given by registered or certified mail upon the owner or owner’s agent, as shown on the last equalized assessment roll. Service on one property owner in multiple ownership shall be deemed in compliance with this Section. If an address for an owner cannot be reasonably obtained, the notice required by this Section may be given by posting the subject property.
Within 10 days from the date of posting, or date of registered or certified mail service, the applicant or operator, and if different, the owner or any person interested in the property may appeal the decision to file a lien under subsection F.1 to the City Council by filing a written appeal with the City Clerk, setting forth in detail the reasons for appeal. The Council shall hear from the appellant and subsequently approve or deny the appeal. The City Council’s decision shall be final and conclusive.
At the expiration of the time set for appeal or upon determination of the City Council upon appeal, the processing fees due and any outstanding amounts owed become a lien upon the subject property.
17.04.040 Review of Planning Applications
Initial Completeness Review. The Community Development Director shall determine whether an application is complete within 30 days of the date the application is filed and required fee received.
Agenda Item #9.1.
Part II: Administration and Procedures
Part II, Page 8 | St. Helena Zoning Code | October 2022 Public Review Draft Incomplete Application. Permits authorizing the use, construction, reconstruction, or alteration of any structure may be withheld when information submitted is inadequate or incomplete. If an application is deemed incomplete, the Community Development Director shall provide a written notification to the applicant listing information necessary to complete the application.
Zoning Code Violations. An application shall not be found complete if conditions exist on the site in violation of this Title or any permit or other approval granted in compliance with this Title, unless the proposed project includes the correction of the violations.
Appeal of Application Completeness Determination. Determinations of incompleteness are subject to the provisions of Chapter 17.12, Procedures for Appeals, except there shall be a final written determination on the appeal no later than 60 days after receipt of the appeal.
Submittal of Additional Information. A determination will be made whether the permit may be issued or if the applicant must supply additional information to complete the permit application. The applicant shall provide the additional information within the time limit specified by the Community Development Director, which shall be no sooner than 30 days. The Community Development Director may grant one extension of up to 90 days.
Expiration of Application. If an applicant fails to submit the information identified on the written notification of an application that is determined to be incomplete within 180 days, the application shall expire and be deemed withdrawn. After the expiration of an application, a new, complete application, along with all required fees, shall be submitted for review.
Complete Application. In compliance with the California Permit Streamlining Act §65920, when a planning application is deemed complete, the Community Development Director must make a record of that date and proceed with processing the application. If an application requires a public hearing, the Community Development Director shall schedule a hearing and notify the applicant of the date and time, pursuant to Section 17.04.080, Public Hearing Notice.
Procedure for Zoning Compliance. Prior to approval of the following land use activities the Community Development Director shall first establish compliance with the provisions contained in this Title:
Business license requests;
Issuance of building permits;
The first and subsequent nonresidential occupancies or uses of any land, lot, building or structure;
Any full or partial change in the nonresidential occupancy or use of any land, lot, building or structure; or
The expansion of any nonresidential occupancy or use of any land, lot, building or structure.
Agenda Item #9.1.
Part II: Administration and Procedures
October 2022 Public Review Draft | St. Helena Zoning Code | Part II, Page 9 The Community Development Director shall confirm if the use, building or structure complies with all applicable City ordinances and the General Plan, and compliance with any conditions of approval imposed on any permit authorized by this Title. Actions of the Community Development Director taken in regard to the provisions of this Section may be appealed to the Planning Commission and City Council pursuant to Chapter 17.12, Procedures for Appeals.
Referral of Application.
When the Community Development Director is the Approval Authority, the Community Development Director has the discretion to refer the application to the Planning Commission.
At the discretion of the Community Development Director, or where otherwise required by this Title, state or federal law, any application filed in compliance with this Title may be referred to any City department, public agency, or interest group that may be affected by or have an interest in the proposed land use project for review and comment on the application.
Extensions for Review of Application. The Community Development Director may, upon written request, grant extensions of any time limit for review of applications imposed by this Title.
17.04.050 Determination of Similar Use
Each zoning district establishes a list of primary uses and accessory uses which are permitted, permitted with a Minor Use Permit (MUP), or permitted with a Conditional Use Permit (CUP).
Occasionally, uses may be proposed which are not specifically listed in the Use Tables of chapters
17.16 through 17.20. This Section provides procedures that shall be observed when an unlisted use is proposed in a zoning district. A use determined to be similar shall apply to the zoning district uniformly regardless of location.
Community Development Director. The Community Development Director may administratively determine that the proposed uses are similar to those of the appropriate use category where the uses are clearly similar in character to those uses listed and consistent with the purposes of the zoning district and General Plan.
Planning Commission. The Planning Commission’s determination of similar use is subject to appeal to the City Council pursuant to the provisions of Chapter 17.12, Procedures for Appeals.
17.04.060 Interim Zoning Ordinance
Without following the procedures otherwise required prior to the adoption of a Zoning Ordinance, the City Council may adopt an interim ordinance as an urgency measure to prohibit any use which may be in conflict with a contemplated zoning proposal which the City Council, Planning Commission, or the Community Development Director is considering, studying, or intends to study within a reasonable time. The interim Zoning Ordinance shall require a four-fifths vote of the City Council for adoption and comply with the provisions of Government Code § 65858.
Agenda Item #9.1.
Part II: Administration and Procedures
Part II, Page 10 | St. Helena Zoning Code | October 2022 Public Review Draft
17.04.070 Environmental Review
The California Environmental Quality Act of 1970 (CEQA) and City guidelines, as amended, require environmental review of all projects which must obtain discretionary approval from the City. The intent of the review process is to evaluate and make publicly known the possible impacts of proposed projects on the environment and to mitigate significant adverse impacts. Each project is evaluated by the Community Development Director according to CEQA guidelines and a determination made whether additional environmental review is required.
17.04.080 Public Hearing Notice
Applicability. Public hearing notices are required for all applications subject to a public hearing.
Noticing Procedures. The following noticing procedures shall be observed when a public hearing is required by this Title:
Notice shall include:
a. The date, time and place of the hearing;
b. The identity of the hearing body;
c. A brief description of the matter to be considered and permits required; d. A description (text or diagram) of the location of the property involved; e. The following statement: “If you challenge the City’s decision on this matter in Court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice or in written correspondence delivered to the City at, or prior to, the public hearing.” Notice shall be given not less than 10 calendar days prior to the public hearing.
Notice shall be given by the following, except as provided below in subsection C, Special Provisions:
a. Mailed notice to the applicant, the owner of the property, persons who have requested notice of a hearing for a specific project, and all property owners within 300 feet of the proposed project site.
b. Publication of legal notice in a newspaper determined to be a newspaper of general circulation in St. Helena.
Notice for all applications considered by the City Council at a public hearing which have been considered previously by the Planning Commission shall consist of the same notice required for the Planning Commission hearing.
Special Provisions. The following special public hearing notice provisions shall apply to the adoption of a General Plan, General Plan element, substantive text amendment of the General Plan, substantive text amendment of the Zoning Ordinance and any project, including General Plan land use map amendment, for which the number of property owners who would be sent a public hearing notice pursuant to this Title is greater than 1,000:
Agenda Item #9.1.
Part II: Administration and Procedures
October 2022 Public Review Draft | St. Helena Zoning Code | Part II, Page 11 Placing a display advertisement of at least one-eighth page in a newspaper determined to be a newspaper of general circulation in St. Helena; or Placing an insert with any generalized mailing sent by the county or City to property owners in the area affected by the proposed ordinance or amendment, such as billing for City services.
The public hearing notice required pursuant to this Section shall be in lieu of that required by subsection B, Noticing Procedures, except for the applicant and property owner.
17.04.090 Continuance of Public Hearing
The hearing body, on its own motion, may continue a hearing from time to time. No additional notice shall be required for the continuance of a noticed public hearing to a specific date. At their own discretion, applicants may request that their project be acted upon rather than continued.
17.04.100 Timing and Notice of Action
When making a decision to approve, approve with conditions, modify, revoke or deny any discretionary permit under this Title, the responsible authority shall issue a Notice of Action and make any findings that are required by the Zoning Code.
Time of Action.
A decision shall be deemed to have been made at the time action is taken by the City Council.
A decision of the Planning Commission shall be deemed to be made 10 days following the Commission’s action on a Conditional Use Permit.
A decision shall be deemed to have been made on the date of issuance of a Notice of Action by the Community Development Director.
Notice of Action. When a final decision is made by Notice of Action, the decision made and the findings or conditions that were the basis for the decision shall be described. The Community Development Director shall mail the Notice of Action to the applicant at the mailing address stated in the application and to any other person or entity requesting the notification in writing.
17.04.110 Authority to Apply Conditions of Approval
In considering an application for a permit or other discretionary approval authorized by this Title, final Approval Authorities may require changes to applications and impose conditions of approval in order to effect the policies of the General Plan and the purpose of this Title. Conditions of approval, which may include dedication of land, installation of specific improvements, size, design and placement of buildings or structures, landscaping, and limitations on use and hours of operation, shall be reasonably related to the type of impacts caused by the use of the property for which the permit or other discretionary approval is requested.
Agenda Item #9.1.
Part II: Administration and Procedures
Part II, Page 12 | St. Helena Zoning Code | October 2022 Public Review Draft
17.04.120 Effect of Approvals
Issuance of Approval. The issuance of a permit or approval requirement described in this Title authorizes the holder to proceed in compliance with the terms of the permit. The applicant must follow the procedures of this Title for any additional applicable permits or approvals in order to complete the development and occupancy requirements for the subject property.
Conditions of Approval. All conditions of approval shall be binding upon the applicant, their successors, and assigns; shall run with the land; shall limit and control the issuance and validity of Certificates of Occupancy; and shall restrict and limit the construction, location, use, and maintenance of all land and structures within the development.
Ownership and Transferability of Permits and Approvals. An approved permit or other discretionary approval applies to the subject property and runs with the land, except as specifically provided in this Title. Once vested, an approved permit or other discretionary approval remains effective unless terminated, abandoned, revoked or modified even if the subject property is subsequently rezoned. An approved permit or other discretionary approval is transferable to any future owner of the subject property.
Inspections. All approvals may be subject to periodic review to determine compliance with the permit and applicable conditions. If a condition specifies that activities or uses allowed under the permit are subject to periodic reporting, monitoring or assessments, it shall be the responsibility of the permit holder, the property owner, or successor property owners to comply with such conditions.
17.04.130 Terms of Approvals
Term of Permits and Approvals.
A discretionary approval authorized by this Title shall expire one year from the date that such approval becomes effective unless the applicant has established a vested right to proceed, or a subdivision map that was concurrently approved for the project remains valid.
A discretionary approval takes effect the day following the expiration of the appeal period if no appeal is filed or the day following the denial of an appeal.
Validity of Permits. The following shall establish the validity of permits or other discretionary approvals:
Establishment of Use. A permit or other discretionary approval shall remain valid as long as the use authorized by the permit is lawfully established prior to the expiration of the permit, or the holder of the permit or other discretionary approval has established to the satisfaction of the Community Development Director a good faith, diligent effort to lawfully establish the use pursuant to the procedures set forth by this Section.
Valid Building Permit. A permit or other discretionary approval shall remain valid as long as there is a valid building permit for construction authorized by the permit. If the building permit expires, or if no building permit has been issued for construction Agenda Item #9.1.
Part II: Administration and Procedures
October 2022 Public Review Draft | St. Helena Zoning Code | Part II, Page 13 authorized by the permit or other discretionary approval during the one year that the permit is valid, the permit or other discretionary approval shall expire unless an extension of time has been granted pursuant to Section 17.04.140, Extension of Permits and Approvals, or the holder of the permit or other discretionary approval has established to the satisfaction of the Community Development Director a good faith, diligent effort to lawfully establish the use pursuant to the procedures set forth by this Section.
Expiration of Permits. The following establish the expiration of permits or other discretionary approvals.
Failure to Establish Use. Any permit or discretionary approval that allows for the establishment of a use shall be revoked by the Community Development Director if it is determined that the use has not been established within a period of six consecutive months from the date the permit was issued or the discretionary approval was granted.
Failure to Continue Use. Any permit or discretionary approval that allows for the establishment of a use shall be revoked by the Community Development Director if it is determined that the use has been abandoned, ceased operations, or has been vacated for a period of six consecutive months from the date the permit was issued or the discretionary approval was granted, unless the holder of the permit or other discretionary approval has confirmed to the satisfaction of the Community Development Director a good faith, diligent effort to continue the use pursuant to the procedures set forth by this Section.
Incompletion of a Project. If only a portion of a project is completed pursuant to a permit authorizing its development, the permit or other discretionary approval for the balance of the project shall expire if no substantial action is taken toward completion of the balance of the project in a one-year period.
Determination of Expiration or Extension. The following provides for determination of the expiration or extension of permits or other discretionary approvals.
Notification of Determination of Expiration. If the Community Development Director determines that the holder of the permit or other discretionary approval has not attempted to establish or continue the approved use diligently and in good faith, the Community Development Director shall notify the holder of the permit or other discretionary approval in writing of that determination, and that the permit or other discretionary approval is expired, lapsed and null and void. The Community Development Director’s determination that the permit or other discretionary approval has expired may be appealed to the Planning Commission by the holder of the permit or other discretionary approval.
Notification of Determination of Extension. If the Community Development Director determines that the holder of the permit or other discretionary approval has attempted to establish or continue the approved use diligently and in good faith, the Community Development Director shall notify the holder of the permit or other discretionary approval in writing of that determination, and that the permit or other discretionary approval has been extended for an additional period. Any such extension shall be for a period of one year and shall be subject to the requirements Agenda Item #9.1.
Part II: Administration and Procedures
Part II, Page 14 | St. Helena Zoning Code | October 2022 Public Review Draft set forth in subsections B of this Section for establishing the use within that time period and the requirements set forth in subsection D.1 for submitting additional information prior to the expiration of any such extension. The Community Development Director’s determination to extend the permit or other discretionary approval shall be final.
17.04.140 Extension of Permits and Approvals
A permit or other discretionary approval may be extended for not more than two, one-year periods, or for as long as any subdivision concurrently approved is extended, whichever is longer, provided that an application is filed at least 30 days prior to its expiration date.
The Community Development Director may grant an extension of an approval where there has been no proposed change in the original permit or approval. Extensions may be granted subject to additional conditions or amendments; however, if the permit or other discretionary approval is no longer in conformance with this Title, General Plan, or other City regulations, no extension shall be granted. A permit or other discretionary approval shall remain valid during the time an application for an extension is processed and considered by the appropriate Approval Authority.
17.04.150 Modifications to an Approval
Minor Modifications to an Approval. At the discretion of the Community Development Director, a minor modification to a discretionary approval may require only administrative review and approval, but no minor modification may change the approved use, density, or intensity.
Major Modifications to an Approval. Any modification to a discretionary approval that is not a minor modification under subsection A above is a major modification and must be approved by the Approval Authority that issued the discretionary approval.
17.04.160 Effect of Denials
Denial with Leave to Amend. If an application for a permit or other discretionary approval is denied with leave to amend, an application for the same or a substantially similar project may be filed within one year from the date of the denial without being considered a new application. A denial without leave to amend must be accompanied by a statement that no right or privilege of the applicant is waived or lost by the denial if an amended application is resubmitted within one year from the denial.
Denial without Leave to Amend. If an application for a permit or other discretionary approval is denied without leave to amend, in compliance with subsection A, no new application for the same or a substantially similar project may be filed for a period of one year from the date of the denial.
If an application for a permit or discretionary approval on the same property is received within one year from the date of denial, the Community Development Director shall make the threshold decision whether the project is substantially similar to the rejected project and therefore cannot be filed for processing.
Agenda Item #9.1.
Part II: Administration and Procedures
October 2022 Public Review Draft | St. Helena Zoning Code | Part II, Page 15 The Community Development Director shall provide the applicant, each member of the Approval Authority and any person who has submitted a written request for notice a copy of the Community Development Director’s proposed decision. Unless an appeal is filed, the proposed decision shall become final 15 days after notice is given by mail and provided to the Approval Authority.
Upon request of Community Development Director, the matter shall be placed on the agenda for a decision whether the project is substantially similar.
17.04.170 Appeals
Any person, firm, or corporation aggrieved by a decision of the Approval Authority in interpreting, applying, or enforcing this Chapter may file an appeal in compliance with the appeal provisions established in Chapter 17.12, Procedures for Appeals.
Agenda Item #9.1.
Part II: Administration and Procedures
Part II, Page 16 | St. Helena Zoning Code | October 2022 Public Review Draft Planning Permits and Approvals
17.05.010 Purpose
This Chapter provides the procedures for the preparation, filing, and processing of applications for planning permits and other entitlements required by this Title.
17.05.020 Conditional Use Permit (CUP)
Purpose. The purpose of a Conditional Use Permit (CUP) is to allow the proper integration in the City of essential or desirable uses while ensuring that such uses are and will continue to be compatible with surrounding existing and planned uses. The purpose is also to establish conditions as necessary to ensure the harmonious integration and compatibility of uses in the neighborhood and with surrounding areas.
Applicability. Part III, District Regulations and Overlays, identifies land uses and activities that require a CUP.
Application.
Application. An application for a CUP shall be prepared, filed, and processed in compliance with Section 17.04.020, Application Process.
Responsibility. It is the responsibility of the applicant to provide support for the findings required by subsection E.
Public Hearing and Procedure.
Public hearings shall be property noticed in compliance with Section 17.04.080, Public Hearing Notice.
The Planning Commission shall hold a public hearing on the CUP application and shall, at the conclusion of the public hearing, approve (with or without conditions), or deny the application in compliance with the requirements for conditional uses and other applicable Sections of this Code.
Findings. The Planning Commission may approve the CUP only after making the following findings:
The proposed use is consistent with the goals and policies of the General Plan and any applicable Specific Plan;
The proposed use is appropriate for the zoning district in which it is located, compatible with uses allowed in the zoning district, and complies with all other applicable provisions of the Zoning Code;
The proposed use will not be materially detrimental to the health, safety, and welfare of the public or the property and residents in the vicinity; The subject site is physically suitable for the use and compatible with existing and future land uses, buildings and structures in the vicinity; Agenda Item #9.1.
Part II: Administration and Procedures
October 2022 Public Review Draft | St. Helena Zoning Code | Part II, Page 17 For formula businesses, the proposed use is consistent with the findings of Section
17.22.120, Formula Businesses; is consistent with the unique and historic character of St. Helena; will preserve the distinctive visual appearance and shopping experience of St. Helena for its residents and visitors; and will be compatible with existing uses in the zoning district;
The subject site is served by streets adequate in width and improvement to carry the kind and quantity of traffic the proposed use would likely generate or that the streets in question are physically or financially impossible to be improved and that the proposed use is deemed to be beneficial to the City; and The project is categorically exempt under CEQA or other applicable Environmental Documents have been certified as complete and adequate.
Conditions of Approval.
The Planning Commission may attach conditions of approval to a CUP as are necessary to carry out the purposes of the General Plan, other adopted plans, or findings of subsection E. Some of the conditions may include limitations on size, bulk, and location; requirements for additional landscaping or buffers; mitigation of adverse environmental impacts; and other conditions such as the duration of the permit, hours of operation, and time limits on construction.
Conditions of approval will only be imposed if they are necessary to ensure:
a. The intent and purpose of the General Plan and this Code are met; b. Compatible and complementary development and operation of the property; and
c. The provision of appropriate off-site improvements.
Master Use Permit.
Purpose and Applicability. A Master Use Permit is a special type of Conditional Use Permit which authorizes more than one conditional use, including future uses, from the list of conditional uses of the zoning district in which a property is located. The Planning Commission may approve a Master Use Permit on properties with one or more buildings which are occupied or designed for occupancy by multiple nonresidential uses.
Application Requirements. See subsection C above for application requirements.
Public Hearing and Procedure. The procedure and findings for a Master Use Permit shall be the same as that of a CUP as described above. Following approval of a Master Use Permit, any uses so authorized may be established subject only to compliance with any conditions of approval. Each Master Use Permit shall list all of the conditional uses authorized by the Permit and may be subject to conditions or requirements over and above those which might be applied for any particular use.
Notice of Action, Appeals, Expiration, Extensions, and Modifications.
Notice of Action. Notice of Action shall be provided pursuant to Section 17.04.100, Timing and Notice of Action.
Agenda Item #9.1.
Part II: Administration and Procedures
Part II, Page 18 | St. Helena Zoning Code | October 2022 Public Review Draft Appeals. A decision of the Planning Commission may be appealed to the City Council as provided in Chapter 17.12, Procedures for Appeals.
Expiration, Extensions and Modifications. Conditional Use Permits may only be extended or modified as provided for in Section 17.04.140, Extension of Permits and Approvals and Section 17.04.150, Modifications to an Approval.
17.05.030 Demolition Permit
Purpose. The purpose of this Section is to provide the procedure for processing a demolition permit for non-historic structures.
Applicability. This Section applies to all buildings and structures less than 50 years old that are proposed for demolition.
Application Requirements.
Application. An application for a Demolition Permit shall be prepared, filed, and processed in compliance with Section 17.04.020, Application Process. If the structure is 50 years or older, a historic resource determination report may be needed from a qualified architectural historian. Applicants should contact the Community Development Department to verify requirements.
Responsibility. It is the responsibility of the applicant to provide information regarding the findings described by subsection D.
Findings. No permit authorizing the demolition of any building within any zoning district shall be issued until approved by the Planning Commission in accordance with the following findings:
The building is determined not to be a significant architectural or historical building based on the public record and testimony presented at a public hearing; The demolition would not eliminate elements that are required to maintain the essential character of the neighborhood;
Design review of the proposed replacement structure is approved prior to, or in conjunction with, approval of the demolition of a structure; and The building to be demolished does not reflect neglect by the owner.
Notice of Action, Appeals, Expiration, Extensions, and Modifications.
Notice of Action. Notice of Action shall be provided pursuant to Section 17.04.100, Timing and Notice of Action.
Appeals. A decision of the Planning Commission may be appealed to the City Council as provided in Chapter 17.12 Procedures for Appeals.
Expiration, Extensions and Modifications. Demolition Permits may only be extended or modified as provided for in Section 17.04.140, Extension of Permits and Approvals and Section 17.04.150, Modifications to an Approval.
Agenda Item #9.1.
Part II: Administration and Procedures
October 2022 Public Review Draft | St. Helena Zoning Code | Part II, Page 19
17.05.040 Historic Demolition Permit
Purpose. The purpose of this Section is to provide procedures for the processing of a demolition permit for potential historic structures.
Applicability. This Section applies to:
All structures over 50 years old within the Historic Preservation Overlay District or determined to be a historic resource by a qualified architectural historian; and Any structure listed on the City’s Historic Resources Master List (Local Register).
Exemptions. The following are exempt from the Historic Demolition Permit requirement:
a. Buildings and structures determined by the Chief Building Official to pose a serious and immediate threat to the public health, safety or general welfare. b. A building or structure included in the City’s Local Register but whose listing is determined by the Community Development Department to be based on erroneous information, based on evidence in the record. c. The structure or building is determined by the Community Development Department to not meet criteria for historical significance as defined by Public Resources Code § 5020.1 or 5024.1, based on evidence in the record. d. Demolition of interior partitions, walls, or any other demolition that will not modify the exterior appearance of the structure or building.
Application Requirements.
Application. An application for an Historic Demolition Permit shall be prepared, filed, and processed in compliance with Section 17.04.020, Application Process. Specific requirements unique to the Historic Demolition Permit are listed on the Application.
Responsibility. It is the responsibility of the applicant to provide information regarding the findings described by subsection F.
Environmental Review. Environmental review of a historic demolition permit application shall be conducted in accordance with CEQA.
Public Hearing and Procedures.
Public hearings shall be property noticed in compliance with Section 17.04.080, Public Hearing Notice.
The Planning Commission shall hold a public hearing on a Historic Demolition Permit application and shall, at the conclusion of the public hearing, approve (with or without conditions), or deny the application in compliance with the provisions of Chapter
17.04, Common Procedures.
Findings. In order to approve an application for a historic demolition permit, the Planning Commission must make at least three of the following findings:
The building or structure does not represent a unique and irreplaceable historic or architectural resource.
Agenda Item #9.1.
Part II: Administration and Procedures
Part II, Page 20 | St. Helena Zoning Code | October 2022 Public Review Draft The adaptive reuse of the structure is infeasible or inappropriate, due to economic considerations, structural conditions or land use incompatibility.
The relocation of the structure is infeasible due to cost, structural conditions or lack of an interested party.
Restoration of the building or structure is not feasible or practical using current building codes including, but not limited to, the Historic Building Code provisions of the California Building Standards Code.
No public or other funding is available for financing renovation or purchase of the property on which the building or structure is located.
The characteristics of the building or structure that originally supported its inclusion in a cultural resources survey are no longer present and such absence is not a result of:
a. Willful or negligent acts by the owner that resulted in structural deterioration, b. Failure to perform normal maintenance and repairs,
c. Failure to diligently solicit and retain tenants, and d. Failure to secure and board the structure if vacant.
The base zoning of the site is incompatible with the intended reuse of the existing structure.
The structure cannot be restored without repairs that would exceed 50 percent of the value of the structure itself. This finding shall be supported by 1) an appraisal prepared by a certified appraiser to determine the value of the structure and 2) at least two bids from qualified contractors to determine the cost of repairs to the structure.
The historic resource must be removed from the site in order for the property to be utilized for a structure or use that substantially benefits the public.
Demolition of the structure will not have a significant impact on the historic integrity of the designated or potential historic district.
Notice of Action, Appeals, Expiration, Extensions, and Modifications.
Notice of Action. Notice of Action shall be provided pursuant to Section 17.04.100, Timing and Notice of Action.
Appeals. A decision of Planning Commission may be appealed to the City Council as provided in Chapter 17.12, Procedures for Appeals.
Expiration, Extensions and Modifications. Historic Demolition Permits may only be extended or modified as provided for in Section 17.04.140, Extension of Permits and Approvals and Section 17.04.150, Modifications to an Approval.
Conditions of Approval. Potential conditions of approval that may be adopted by the Planning Commission in approving a historic demolition permit include, but are not limited to, the following:
Agenda Item #9.1.
Part II: Administration and Procedures
October 2022 Public Review Draft | St. Helena Zoning Code | Part II, Page 21 Prior to demolition, the applicant shall provide archival quality photographs, floor plans and elevation drawings, as appropriate, to record the building(s) or structure(s) being demolished.
Prior to issuance of the Historic Demolition Permit, the Planning Commission shall approve a design review application for new construction for the site of the demolished structure(s) and a building permit shall be issued for the replacement structure(s). In addition to the findings required under Section 17.05.070, Major Design Review, the Planning Commission shall find that the proposed design is compatible with the historic character of the surrounding historic neighborhood, if applicable.
The applicant shall donate to the St. Helena Historical Society any artifact or other architectural element identified by the preservation consultant or Planning Commission. The artifact or architectural element shall be carefully removed and delivered to the St. Helena Historical Society in good condition to be used in future conservation work.
The applicant shall offer any reputable firm, group or individual, the opportunity to move the building to another site for restoration.
The applicant shall bond for no less that 25 percent of the estimated construction cost of the replacement structure or structures approved under subsection 2.
17.05.050 Development Agreement
Purpose. The purpose of this Section is to provide procedures for the processing of development agreements.
Applicability. The City may enter into an agreement with a qualified applicant for the development of real property as provided in this Chapter under the authority of Government Code §§ 65864 through 65869.5.
Qualifications. Only a qualified applicant may file an application to enter into a development agreement. A qualified applicant is a person who has legal or equitable interest in the real property that is the subject of the development agreement. The Community Development Director may require an applicant to submit proof of his or her interest in the real property and of the authority of the agent to act for the applicant. Before processing the application, the Community Development Director shall obtain the opinion of the City Attorney to confirm the sufficiency of the applicant’s interest in the real property to enter into the agreement.
Application Requirements.
Application. An application for a development agreement shall be prepared, filed, and processed in compliance with Section 17.04.020, Application Process.
Form of Agreement. Each application shall be accompanied by the form of development agreement proposed by the applicant. This requirement may be met by designating the City’s standard form of development agreement and including specific proposals for changes in, or additions to, the language of the standard form.
Agenda Item #9.1.
Part II: Administration and Procedures
Part II, Page 22 | St. Helena Zoning Code | October 2022 Public Review Draft Public Hearing and Procedures.
A public hearing on an application for a development agreement shall be held by the Planning Commission and the City Council. Notice of intention to consider adoption of a development agreement shall be given as provided in Government Code §§ 65100 and 65110. These notice requirements are declaratory of existing law. If state law prescribes a different notice requirement, notice shall be given in that manner.
The failure of any person entitled to notice required by law or this Chapter to receive such notice does not affect the authority of the City to enter into a development agreement.
The failure of any person entitled to notice required by law or this Chapter to receive such notice does not affect the authority of the City to enter into a development agreement.
No action, inaction or recommendation regarding the proposed development agreement shall be held void or invalid or be set aside by a court by reason of any error, irregularity, informality, neglect or omission (“error”) as to any matter pertaining to petition, application, notice finding, record, hearing, report, recommendation or any matters of procedure whatever unless after an examination of the entire case, including the evidence, the court is of the opinion that the error complained of was prejudicial and that by reason of the error the complaining party sustained and suffered substantial injury, and that a different result would have been probable if the error had not occurred or existed. There is no presumption that error is prejudicial or that injury was done if error is shown.
Planning Commission Determination. After the hearing by the Planning Commission, the Planning Commission shall make its recommendation in writing to the City Council. The recommendation shall include the Planning Commission’s determination whether or not the development agreement proposed:
Is consistent with the objectives, policies, general land uses and programs specified in the General Plan and any applicable Specific Plan;
Is compatible with the uses authorized in, and the regulations prescribed for, the land use district in which the real property is located;
Is in conformity with public convenience, general welfare and good land use practice; Will be detrimental to the health, safety and general welfare; Will adversely affect the orderly development of property or the preservation of property values. The recommendation shall include the reasons for the recommendation; and
Will have a sufficient water supply for subdivisions pursuant to the requirements of Government Code § 66473.7 and new non-residential development City Council Decision.
After the City Council completes its public hearing, it may accept, modify, or disapprove the recommendation of the Planning Commission. The City Council may refer matters not previously considered by the Planning Commission during its Agenda Item #9.1.
Part II: Administration and Procedures
October 2022 Public Review Draft | St. Helena Zoning Code | Part II, Page 23 hearing back to the Planning Commission for report and recommendation. The Planning Commission may hold a public hearing on matters referred back to it by the City Council.
The City Council may not approve the development agreement unless it finds that the provisions of the agreement are consistent with the General Plan and any applicable specific plan.
If the City Council approves the development agreement, it shall do so by the adoption of an ordinance. When the ordinance approving the development agreement takes effect, the City may enter into the agreement.
Amendment or cancellation. Either party, by mutual consent, may propose an amendment to or cancellation in whole or in part of the development agreement previously entered into.
Minor Amendments. At the discretion of the Community Development Director, a minor amendment to a Development Agreement requires only administrative review and approval.
Major Amendments or Cancellations. The procedure for proposing and adoption of a major amendment to or cancellation in whole or in part of the development agreement is the same as the procedure described in subsection E.
Recordation.
Within 10 days after the City enters into the development agreement, the City Clerk shall have the agreement recorded with the county recorder.
If the parties to the agreement or their successors in interest amend or cancel the agreement as provided in subsection H, or if the City terminates or modifies the agreement as provided in subsection K for failure of the applicant to comply in good faith with the terms or conditions of the agreement, the City Clerk shall have notice of such action recorded with the county recorder.
Periodic Review. The City shall review the development agreement every 12 months from the date the agreement is entered.
The time for review may be modified either by agreement between the parties or by initiation in one or more of the following ways:
a. Recommendation of the Community Development Director; b. Affirmative vote of at least three members of the City Council.
The Community Development Director shall begin the review proceeding by giving notice that the City intends to undertake a periodic review of the development agreement to the property owner. The notice shall be given at least 15 days in advance of the time at which the matter will be considered. The review shall be conducted by the City Council.
The City Council shall conduct a public hearing at which the property owner must demonstrate good faith compliance with the terms of the agreement. The burden of proof on this issue is upon the property owner.
Agenda Item #9.1.
Part II: Administration and Procedures
Part II, Page 24 | St. Helena Zoning Code | October 2022 Public Review Draft The City Council shall determine upon the basis of substantial evidence whether or not the property owner has, for the period under review, complied in good faith with the terms and conditions of the agreement.
If the City finds and determines on the basis of substantial evidence that the property owner has complied in good faith with the terms and conditions of the agreement during the period under review, the review for that period is concluded.
If the City finds and determines on the basis of substantial evidence that the property owner has not complied in good faith with the terms and conditions of the agreement during the period under review, the City may modify or terminate the agreement.
Modification or termination. If, upon a finding under subsection J, the City determines to proceed with modification or termination of the agreement, the City shall give notice to the property owner of its intention to do so. The notice shall contain:
The time and place of the hearing;
A statement as to whether or not the City proposes to terminate or to modify the development agreement;
Other information that the City considers necessary to inform the property owner of the nature of the proceeding.
At the time and place set for the hearing on modification or termination, the property owner shall be given an opportunity to be heard. The City Council may refer the matter back to the Planning Commission for further proceedings or for report and recommendation. The City Council may impose conditions to the action it takes as it considers necessary to protect the interests of the City. The decision of the City Council is final.
17.05.060 Home Occupation Permit
Purpose. The purpose of the Home Occupation Permit is to allow for the conduct of a business in the residential districts and to prescribe the conditions under which limited nonresidential activities may be conducted when incidental to residential activities.
Applicability. Section 17.22.130, Home Occupations, identifies uses and activities that require a Home Occupation Permit.
Application.
Application. An application for a Home Occupation Permit shall be prepared, filed, and processed in compliance with Section 17.04.020, Application Process.
Responsibility. It is the responsibility of the applicant to comply with the standards identified in Section 17.22.130, Home Occupations and the findings of subsection D.
Findings. The Community Development Director or the Planning Commission after an appeal shall approve a Home Occupation Permit if it is determined that the proposed home occupation would:
Be consistent with the General Plan, any applicable Specific Plan, and the development and design standards of the subject residential zoning district; Agenda Item #9.1.
Part II: Administration and Procedures
October 2022 Public Review Draft | St. Helena Zoning Code | Part II, Page 25 Be consistent with the home occupation criteria and standards of this Section
17.22.130, Home Occupations;
Be consistent with all other municipal codes and applicable laws.
Conditions of Approval. In approving an application for a Home Occupation Permit, the Approval Authority may impose additional conditions (e.g., buffers, hours of operation, landscaping and maintenance, lighting, parking, performance guarantees, property maintenance, surfacing, time limits, traffic circulation, etc.) deemed reasonable and necessary to ensure that the approval would be in compliance with the provision of Section 17.22.130, Home Occupations.
Notice of Action, Appeals, Expiration, Extensions, and Modifications Notice of Action. Notice of Action shall be provided pursuant to Section 17.04.100, Timing and Notice of Action.
Expiration, Extensions and Modifications. Home Occupation Permits may only be extended or modified as provided for in Section 17.04.140, Extension of Permits and Approvals and Section 17.04.150, Modifications to an Approval.
17.05.070 Major Design Review
Purpose. This Section establishes procedures for the review and approval or denial of development applications requiring Major Design Review. The purpose of Major Design Review is:
To promote those qualities in the environment that bring value to the community; To foster the attractiveness and functional utility of the community as a place to live and work;
To preserve the character and quality of our heritage by maintaining the integrity of those areas that have a discernible character or are of special historic significance; To protect certain public investments in the area;
To ensure that new residential development within existing neighborhoods is respectful of the existing scale of development and promotes harmonious design; To encourage, where appropriate, a permissible mix of uses; and To raise the level of community expectations for the quality of its environment.
Applicability. Major Design Review shall be required for the following:
Any new commercial, industrial, or agricultural building or exterior modification to an existing commercial, industrial, or agricultural building that involves the construction of 500 square feet or more, is visible from a public street or alley and is not subject to Minor Design Review as stipulated in Section 17.05.080.B, Applicability.
Any new public facility or modification to an existing public facility, excluding structures for utilities.
New construction and additions to structures in the Historic Preservation Overlay district. Exterior façade changes that are consistent with the standards in Section Agenda Item #9.1.
Part II: Administration and Procedures
Part II, Page 26 | St. Helena Zoning Code | October 2022 Public Review Draft
17.21.040, Historic Preservation (HP) Overlay District are not subject to Major Design Review.
Any development within an approved PD Overlay district.
Any new structure or exterior modification to an existing structure where a Conditional Use Permit is required, excluding multi-family residential projects.
The construction of a new single-family home (Enacted by Ord. 87-8 effective 06-26- 1987).
Additions to a single-family home that create a second or third floor, story, or living space in an upper story where one does not currently exist including an addition to an existing second or third story.
Any residential and residential mixed-use buildings that do not comply with the applicable design standards of Chapters 17.16, Residential Zoning Districts and Chapter 17.17, Commercial and Mixed-Use Zoning Districts.
Application.
Application. An application for a Major Design Review shall be prepared, filed, and processed in compliance with Section 17.04.020, Application Process.
Responsibility. It is the responsibility of the applicant to provide support for the design review findings criteria required by subsection E.
Public Hearing and Procedures.
Public hearings shall be property noticed in compliance with Section 17.04.080, Public Hearing Notice.
The Planning Commission shall hold a public hearing on an application requiring a Major Design Review and shall, at the conclusion of the public hearing, approve (with or without conditions), or deny the application in compliance with this Code.
The Community Development Director may, on a case by case basis, require the applicant to erect story poles on the project site to illustrate the height and or scale of a two story (or more) proposal, particularly when there are adjacent neighboring structures.
Findings. The Planning Commission may approve the Major Design Review only after making the following findings:
Nonresidential Projects.
a. The project is in conformance with the General Plan and applicable design standards in the Zoning Code;
b. The proposed siting, form and architectural style are appropriate for the project site and with the surrounding sites and structures; c. In the CB district, the façade composition, door placement and design, and building fenestration encourage urban design which provides a connection to the street;
Agenda Item #9.1.
Part II: Administration and Procedures
October 2022 Public Review Draft | St. Helena Zoning Code | Part II, Page 27 d. The roof design, building massing, and building articulation are reflected on all sides of the building that together create a visually engaging structure; e. Project details including materials and colors are used in a manner that creates a visually cohesive design;
f. The building design and landscaping support public safety and security by allowing for a visual connection between the building frontages and the rightof-way, common open spaces, and other buildings on the site; and g. In a National Register Historic District, the proposed work complies with the Secretary of the Interior's standards and guidelines.
New Single-Family Dwellings and Additions of Second or Third Stories to Existing Single-Family Dwellings.
a. Consistency and compatibility with applicable elements of the General Plan (Enacted by Ord. 87-8 effective 06-26-1987); and
b. Whether the materials, textures, colors and details of construction are an appropriate expression of its design concept and function and whether they are compatible with the adjacent and neighboring structures and functions (Enacted by Ord. 87-8 effective 06-26-1987).
Review Limitations.
The Planning Commission shall not design or assist in the design of any buildings or projects submitted for approval except as requested by an applicant. The Planning Commission shall restrict its considerations to a reasonable and professional review of the proposal and plans, leaving full responsibility for the design and development to the applicant.
Individual initiative and experimentation by the applicant are to be encouraged.
Only the applicant’s failure to take reasonable account of the items discussed in subsections A and E shall justify the Planning Commission’s disapproving a proposal solely on the basis of design.
In its endeavor to improve the quality of a design, the Planning Commission shall keep considerations of cost in mind. However, consideration of cost shall not override the other objectives of this Title.
The Planning Commission shall not use the Major Design Review process to intentionally or inadvertently exclude housing for minority groups or housing for lowand moderate-income persons.
The Planning Commission shall not use the Major Design Review process to intentionally or inadvertently to prohibit or unduly restrict building types, materials, or methods or to vary the specific allowances or other development controls.
Exemptions. This Community Development Director has the discretion to exempt a proposal from Design Review upon finding that the proposal:
Is clearly consistent with the findings of this Section and the remaining requirements of this Title and the General Plan; or
Agenda Item #9.1.
Part II: Administration and Procedures
Part II, Page 28 | St. Helena Zoning Code | October 2022 Public Review Draft Consists of the replacement of existing architectural features that do not involve substantial design changes or changes in materials.
Involves a conforming residential dwelling where less than 50 percent of the gross floor area has been destroyed by a natural disaster and the proposal to reconstruct uses the same materials and design, is located on the same footprint, and does not increase the gross floor area of the previously existing structure.
Notice of Action, Appeals, Expiration, Extensions, and Modifications Notice of Action. Notice of Action shall be provided pursuant to Section 17.04.100, Timing and Notice of Action.
Appeals. A decision of the Planning Commission may be appealed to the City Council as provided in Chapter 17.12, Procedures for Appeals.
Expiration, Extensions and Modifications. Major Design Review approval expires after one year. Major Design Review approval may only be extended or modified as provided for in Section 17.04.140, Extension of Permits and Approvals and Section
17.04.150, Modifications to an Approval.
17.05.080 Minor Design Review
Purpose. The purpose of the Minor Design Review process is to allow for the administrative review and approval of development applications that do not have site or architectural design impacts.
Applicability. The following activities are subject to all design criteria of the City of St. Helena; however the review shall be conducted administratively by City Planning Staff as a component of the building permit review:
Those activities not described in Section 17.05.070.B.
Any form of repair or maintenance where the work solely involves the replacement of materials in like kind and form or to any such work in areas not visible to the public from the public right-of-way or areas accessible to the public.
The alteration, modification or addition to an existing single-family or multi-family residential structure or building except as identified in Section 17.05.070.B.
The construction of an accessory structure in keeping with all development criteria of the zoning district in which the structure is proposed.
Minor changes to the exterior of existing non-historic nonresidential buildings that require a building permit. This includes, but is not limited to, facade changes, relocation of storefront doors, and relocation of windows.
Changes to a nonresidential site not involving major structural or site changes or changes of use. This includes site alterations such as construction of parking shade structures or other accessory structures; and
The intentional destruction and removal of less than 50 percent of the finished floor within the exterior walls of a non-historic structure in conjunction with a remodel or addition.
Agenda Item #9.1.
Part II: Administration and Procedures
October 2022 Public Review Draft | St. Helena Zoning Code | Part II, Page 29 Application Requirements. No permit application is required for a Minor Design Review.
Findings. In approving a Minor Design Review, the Community Development Director shall find that:
The project is in conformance with the General Plan and Zoning Ordinance; The project is in conformance with applicable design and development standards; The project’s operating characteristics minimize potential negative impacts and land use conflicts;
Adequate utilities, access roads, drainage, sanitation and other necessary facilities will be in place;
The project is categorically exempt under CEQA or other applicable Environmental Documents have been certified as complete and adequate; and The project will not be detrimental to the public health, safety and general welfare.
Review and Final Decision.
The Community Development Director shall review the project types described in subsection B for conformance with the development criteria of the General Plan, the appropriate zoning district and all other development criteria established by the City as an element of the Minor Design Review process.
A determination shall be issued by the Community Development Director as part of the building permit review that verifies that the design meets all applicable development and design standards and findings for Minor Design Review approval.
Appeals, Expiration, Extensions and Modifications.
Appeals. A decision of the Community Development Director may be appealed to the Planning Commission as provided in Chapter 17.12, Procedures for Appeals.
Extensions and Modifications. Minor Design Review approval may only be extended or modified as provided for in Section 17.04.140, Extension of Permits and Approvals and Section 17.04.150, Modifications to an Approval.
17.05.090 Minor Use Permit
Purpose. The purpose of a Minor Use Permit (MUP) is to provide an administrative review process for proposed uses and activities to ensure that they are compatible with locational, use, structural, traffic, and the character of neighboring properties.
Applicability. Part III, District Regulations and Overlays, identifies the uses and activities that require an MUP.
Application Requirements.
Application. An application for a Minor Use Permit shall be prepared, filed, and processed in compliance with Section 17.04.020, Application Process.
Responsibility. It is the responsibility of the applicant to provide information on the proposed use that support the findings described in subsection D.
Agenda Item #9.1.
Part II: Administration and Procedures
Part II, Page 30 | St. Helena Zoning Code | October 2022 Public Review Draft Findings. The Community Development Director may approve a MUP upon making the following findings:
The proposed use is consistent with the goals and policies of the General Plan and any applicable Specific Plan;
The proposed use is appropriate for the zoning district in which it is located, compatible with uses allowed in the zoning district, and complies with all other applicable provisions of the Zoning Code;
The proposed use will not be materially detrimental to the health, safety, and welfare of the public or the property and residents in the vicinity; The subject site is physically suitable for the use and compatible with existing and future land uses, buildings and structures in the vicinity; The subject site is served by streets adequate in width and improvement to carry the kind and quantity of traffic the proposed use would likely generate; and The project is categorically exempt under CEQA or other applicable Environmental Documents have been certified as complete and adequate.
Review and Hearing Procedures.
The Community Development Director shall review the projects described in subsection B for conformance with the development criteria of the General Plan, the appropriate zoning district and all other development criteria established by the City as an element of the Minor Use Permit review process. Each application shall be reviewed by the Community Development Director to ensure that the proposal complies with all applicable requirements of this Title.
Prior to a decision on a Minor Use Permit, the City shall provide notice of a public hearing in compliance with Section 17.04.080.
a. Public Notice. The notice shall state that the director will decide whether to approve or disapprove the Minor Use Permit application on a date specified in the notice, and that a public hearing will be held only if requested in writing by any interested person prior to the specified date for the decision. b. Hearing. When a hearing is requested, notice of the hearing shall be provided in compliance with Section 17.04.080, and the Community Development Director shall conduct the public hearing prior to a decision on the application in compliance with Chapter 17.04, Common Procedures.
Notice of Action, Appeals, Expiration, Extensions, and Modifications.
Notice of Action. Notice of Action shall be provided pursuant to Section 17.04.100, Timing and Notice of Action.
Appeals. A decision of the Community Development Director may be appealed to the Planning Commission as provided in Chapter 17.12, Procedures for Appeals.
Expiration, Extensions and Modifications. Minor Use Permits may only be extended or modified as provided for in Section 17.04.140, Extension of Permits and Approvals and Section 17.04.150, Modifications to an Approval.
Agenda Item #9.1.
Part II: Administration and Procedures
October 2022 Public Review Draft | St. Helena Zoning Code | Part II, Page 31
17.05.100 Short-Term Rental Permit
Purpose.
The City Council finds that unregulated transient occupancy uses (i.e. short term rentals) in residential and agricultural district present a threat to the public welfare..
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; 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.
The short term rental regulations are not intended to regulate hotels and bed and breakfast inns that do not qualify as short-term rentals.
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.
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 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 Provide for robust enforcement remedies and penalties to prevent and deter violations of this Section and unjust enrichment by those who violate this Section.
Application Requirements.
Application. An application for a Short-Term Rental Permit shall be prepared, filed, and processed in compliance with Section 17.04.020, Application Process.
Responsibility. It is the responsibility of the applicant to provide information on the proposed use that support the findings described in subsection D.
Agenda Item #9.1.
Part II: Administration and Procedures
Part II, Page 32 | St. Helena Zoning Code | October 2022 Public Review Draft Public Hearing and Procedures.
The public hearing notice shall:
a. Contain a description of the proposed short-term rental operation, parking on the site, and number of bedrooms to be used for short-term rental use, together with a location map identifying the short-term rental dwelling lot in relationship to all other lots within a 300-foot distance. b. State that the noticed owners may file a written protest against the proposed short-term rental use with the Community Development Director provided that the protest is postmarked or received within 14 days of the mailing of the notice of application.
The Planning Commission shall hold a public hearing on an application for a ShortTerm Rental Permit and shall, at the conclusion of the public hearing, approve (with or without conditions), or deny the application in compliance with this Code.
Findings. The Planning Commission shall review and either approve or deny the application pursuant to the requirements of this Section after considering the effects the proposed use would have on surrounding uses and the cumulative impacts within the community. In approving a Short-term Rental Permit application, the Planning Commission must make the following findings:
The short-term rental complies with applicable standards identified in Section
17.22.200, Short-Term Rentals;
The establishment of a short-term rental at the subject property is consistent with the purpose of the General Plan, including policies regarding the displacement of rental units in the housing stock;
The establishment of a short-term rental at the subject property will not be detrimental to a building, structure or feature of significant aesthetic, cultural, architectural, or engineering interest or value of a historical nature; The establishment of a short-term rental at the project site is compatible with and will not be detrimental to the character of the neighborhood and surrounding land uses; The establishment of a short-term rental at the project site will provide an enhanced visitor experience and accommodation as an alternative to the hotel, motel, and bed and breakfast accommodations currently existing in the City and will help to ensure the collection and payment of transient occupancy taxes; and There exists no substantial evidence of operation of an unpermitted short-term rental on the part of the applicant anywhere within the City.
Conditions of Approval. The Community Development Director may recommend, and the Planning Commission may impose, conditions on the granting of an application for a ShortTerm Rental Permit to mitigate the impacts of the proposed land use.
Permit Availability. If no Short-Term Rental Permits are available pursuant to the limitation on short-term rentals described in Section 17.22.200.D, the Community Development Director shall place interested property owners on a waiting list in the order in which they were received. If a permit becomes available, applications shall be accepted and reviewed in the Agenda Item #9.1.
Part II: Administration and Procedures
October 2022 Public Review Draft | St. Helena Zoning Code | Part II, Page 33 order that they are listed on the waiting list subject to the local preference policy established in Section 17.22.200.D.15.
Notice of Action, Appeals, Term of Permit, and Conditions Subsequent to Short-Term Rental Permit Approval.
Notice of Action. Notice of Action shall be provided pursuant to Section 17.04.100, Timing and Notice of Action.
Appeals. Any person whose application for a short-term rental permit has been denied by the Planning Commission, or whose permit has been suspended or revoked by the Community Development Director, may appeal pursuant to Chapter 17.12, Procedures for Appeals. A third party may also file an appeal of an approval of a ShortTerm Rental Permit.
Term of Permit. Short-term rental permits shall be valid for a period of two years.
Conditions Subsequent to Approval. Short-Term Rental Permits shall be subject to any changes to this Section approved by the City Council and conditions that the Council may impose subsequent to the issuance of the permit.
Renewals Procedure.
The permit holder shall submit a short-term rental permit renewal application and pay applicable fees to the City a minimum of 30 days prior to the expiration of a current Short-Term Rental Permit.
Upon receipt of a renewal application, the Community Development Director will confirm with the Finance Department that the applicant’s business license is current and that all required Transient Occupancy Taxes (TOT) have been reported and paid (see Chapter 5.08, Business License Generally, for the requirements related to business licenses).
The Community Development Director will refer the application to the St. Helena Police Department to request all police calls for services and complaints lodged against the property over the course of the two-year permit.
If the permit holder has a current business license, has rented their property on a short-term basis for an average of 60 days per year (as applicable), has been properly reporting and paying TOT, and has fewer than three valid complaints or confirmed Code violations related to Short-Term Rental Permits filed over the two years, the Community Development Director may administratively approve the renewal which shall be valid for an additional two years. The Community Development Director has the discretion to determine whether a complaint is valid. If all of these provisions are not met, the renewal shall be referred to the Planning Commission for action at a public hearing. The Community Development Director also has discretion to refer the renewal application to the Planning Commission for a decision pursuant to the process and standards set forth in Section D.
No renewal shall be approved without written verification of tax payments by the permit holder, and no permit shall be approved if the operation of the short-term rental has created adverse impacts on the neighborhood as specified in 17.05.100.K, Agenda Item #9.1.
Part II: Administration and Procedures
Part II, Page 34 | St. Helena Zoning Code | October 2022 Public Review Draft in which it is situated or has otherwise caused the loss of the character of that neighborhood.
The Community Development Director may deny the renewal if the applicant has violated any provision of this Section.
Notice of Action, Appeals, Term of Permit, and Conditions Subsequent to Approval of a Short-Term Rental Permit Renewal.
a. Notice of Action. Notice of Action shall be provided pursuant to Section
17.04.100, Timing and Notice of Action.
b. Appeals. Any person whose application for a short-term rental permit renewal has been denied by the Community Development Director may appeal to the Planning Commission pursuant to Chapter 17.12 Procedures for Appeals. A third party may also file an appeal of an approval of a short-term rental permit renewal.
c. Conditions Subsequent to Approval. Short-Term Rental Permit Renewals shall be subject to any changes to this Section approved by the Planning Commission and conditions that the Commission may impose subsequent to the issuance of the permit.
Inspections.
The Community Development Director has the right to enter upon any property at any reasonable time to make inspections and examinations for the purpose of enforcement of this Section, subject to the provisions of Code of Civil Procedure § 1822.50 et seq.
The Fire Department shall annually inspect the dwelling used as a short-term rental and submit the inspection report to the Community Development Department.
The Community Development Director shall have the right to inspect any records related to the use and occupancy of the short-term rental to determine that the objectives and conditions of this Section are being fulfilled.
Revocation.
The Community Development Director may revoke a Short-Term Rental Permit pursuant to Chapter 17.13, Enforcement, if the Community Development Director determines that:
a. The owner-applicant gave false or misleading information during the application process;
b. There has been a violation of any of the terms, conditions and restrictions on the use of the dwelling unit for short-term rental use; c. The owner-applicant has violated any provision of this Section; or d. The owner-applicant has failed to timely pay the transient occupancy tax as required by this Code.
Agenda Item #9.1.
Part II: Administration and Procedures
October 2022 Public Review Draft | St. Helena Zoning Code | Part II, Page 35 If an owner-applicant’s short-term rental permit is revoked, the owner-applicant may not reapply for another permit for two years after the date of revocation. If there is a waiting list to receive a permit, the owner-applicant will be added to the list.
Violations, Enforcement, and Civil Penalties.
Any property owner or responsible person who uses, or allows the use of, or advertises or causes to be printed, published, advertised, or disseminated in any way, the availability of residential property in violation of this Section is guilty of a misdemeanor for each day in which such residential property is used, or allowed to be used, in violation of this Section. Such violation shall be punishable pursuant to Chapter 1.20, General Penalty. For purposes of this Section, “responsible person” shall mean and include any manager or other person responsible for allowing property to be used for short-term rental in violation of this Section.
Short-term rental use, and advertisement for use, of a residential property in violation of this Section 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 or restored by the enforcement official and also may be abated pursuant to 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.
Any property owner or responsible person who violates this Section 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 property owner or responsible person that such a reduction is warranted by mitigating factors including, without limitation, lack of culpability or inability to pay. Provided, however, that in exercising its discretion the court should consider the purpose of this Section 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 Section. In any such civil action the City also may abate or enjoin any violation of this Section.
b. Where the City proceeds by administrative citation, the City shall provide the property owner or 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 property owner or responsible person has 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 property owner or 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.
Agenda Item #9.1.
Part II: Administration and Procedures
Part II, Page 36 | St. Helena Zoning Code | October 2022 Public Review Draft 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 culpability or inability to pay. Provided, however, that in exercising its discretion the hearing officer should consider the purpose of this Section 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 Section.
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 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.
Any violation of this Section may also be abated or restored by the enforcement official and also may be abated pursuant to Chapter 1.12, Enforcement Procedures except that the civil penalty under Chapter 1.12 for a violation shall be $1,000.00.
Each day the violation of this Section occurs shall constitute a separate offense.
Any property owner who uses, or allows the use of, residential property as a shortterm rental without a permit shall be liable for the transit occupancy tax that would have been owed under Chapter 3.28, Transient Occupancy Tax had the use been legal, including the penalty and interest provisions of Section 3.28.070.
The remedies under this Section are cumulative and in addition to any and all other remedies available at law and equity.
Agenda Item #9.1.
Part II: Administration and Procedures
October 2022 Public Review Draft | St. Helena Zoning Code | Part II, Page 37
17.05.110 Temporary Use Permit
Purpose. This Section establishes the procedures for granting of administrative Temporary Use Permits for short-term activities on privately or publicly owned property with appropriate regulations so that such activities will be compatible with surrounding areas.
Applicability. A Temporary Use Permit allows for the short-term activities described in Section 17.22.250, Temporary Uses, 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 are not subject to design review or the standard parking requirements otherwise required by this Code.
Application Requirements.
Application Requirements. A Temporary Use Permit application submittal shall include information identified in Section 17.04.020, Application Process.
Responsibility. It is the responsibility of the applicant to provide information on the proposed use that supports the considerations described in subsection D and findings listed in subsection F.
Considerations. In the review a Temporary Use Permit application, the Community Development Director shall consider the type and duration of the proposed temporary activity; input from other departments (Police, Fire, Public Works, etc.); the requirements and development criteria of the applicable zoning district and use standards established in Chapter 17.24, General Site Standards; and the following considerations:
Floor areas, heights, hours of operation, nuisance controls, off-street parking, setbacks, and other structure and property development features; Measures for removal of the activity and site restoration, to ensure that no changes to the site would limit the range of possible future land uses otherwise allowed by this Zoning Code;
The project’s compliance with the requirements of Chapter 17.27, Signs; The applicable zoning standards pertaining to the outdoor storage, display and sale of merchandise; and
Limitation on duration of proposed temporary structures to a maximum of 12 months, to ensure that the structure does not become permanent or long-term.
Conditions. In reviewing the Temporary Use Permit, the Community Development Director may attach any conditions governing access, hours of operation, parking, and circulation, fencing and other temporary structures, drainage, dust control, trash/litter control, public safety, and other items as necessary to assure compatibility with surrounding uses and minimize potential adverse effects.
Findings. The Community Development Director may approve the Temporary Use Permit only after finding that:
The temporary activity complies with applicable standards identified in Section
17.22.250, Temporary Uses; and
Agenda Item #9.1.
Part II: Administration and Procedures
Part II, Page 38 | St. Helena Zoning Code | October 2022 Public Review Draft Maintenance, or operation of the temporary activity would not be detrimental to the public health, safety, or welfare of persons residing or working in the neighborhood of the proposed temporary activity.
Notice of Action, Appeals, Expiration, and Modifications.
Notice of Action. Notice of Action shall be provided pursuant to Section 17.04.100, Timing and Notice of Action.
Appeals. A decision of the Community Development Director may be appealed to the Planning Commission as provided in Chapter 17.12, Procedures for Appeals.
Modifications. Temporary Use Permits may only be modified as provided for in Section 17.04.150, Modifications to an Approval.
Post Approval Procedures. Procedures specific to temporary use Permits include the following:
Condition of the Site Following Temporary Activity. Each site occupied by a temporary activity shall be cleaned of debris, litter, or any other evidence of the temporary activity upon completion or removal of the activity and shall thereafter be used in compliance with the provisions of this Zoning Code. A performance security (including a bond or financial deposit) in a form and amount acceptable to the Community Development Director may be required before initiation of the activity to ensure cleanup after the activity is finished.
Performance Security for Temporary Structures. Before issuance of Temporary Use Permit the applicant shall provide performance security in a form and amount acceptable to the director to guarantee removal of all temporary structures within 30 days following the expiration of the Temporary Use Permit.
Extensions of Temporary Use Permits Prohibited. The term of a Temporary Use Permit may not be extended. Applicants for activities that would exceed the allowed terms identified in Section 17.22.250.D, Allowed Temporary Activities, shall file for a Conditional Use Permit, rather than a Temporary Use Permit, in compliance with Section 17.05.020, Conditional Use Permit, and all other applicable zoning standards.
Required Lapse of Time for Temporary Use Permits. Except for seasonal sales lots, a minimum of 30 days shall pass between the expiration of a Temporary Use Permit and the issuance of a new and similar Temporary Use Permit for the same property, or the actual removal of the materials and structures associated with the former activity, whichever last occurs.
Agenda Item #9.1.
Part II: Administration and Procedures
October 2022 Public Review Draft | St. Helena Zoning Code | Part II, Page 39 Amendments to the General Plan
17.06.010 Purpose
The City Council finds that the community is best served by having a General Plan that is stable, widely understood and accepted; and that such stability, understanding, and acceptance is jeopardized by too-frequent amendment of the General Plan. While recognizing that the General Plan evolves over time, the City Council intends to limit the rate and manner of amendment to the General Plan so that the community, individually and collectively, may make its own plans in reliance on a reasonable constancy of the General Plan. The purpose of this Chapter is to establish the procedures required for the adoption or amendment of the City’s General Plan, including the General Plan land use map and Specific Plan(s).
17.06.020 Initiation of Amendment
A General Plan amendment may be initiated by:
A majority vote of the Planning Commission or of the City Council. Generally, initiation by the City Council shall be a direction to the Planning Commission to initiate such an action; The Community Development Director; and
An application filed by a property owner or the owner’s authorized agent. All General Plan amendments initiated by property owners must be processed for preliminary review pursuant to the provisions of Section 17.06.030, Applications.
Individuals or groups seeking to change the General Plan land use classification independent of an application should contact the City Council.
17.06.030 Applications
Application. A completed application for a General Plan amendment shall be submitted on a form provided by the Community Development Department accompanied by the required fee at least 30 days prior to the scheduled review date.
Application Review. Complete applications received for a General Plan amendment shall be presented to the City Council for preliminary review at the Council’s first regularly scheduled meetings in March and September of each year. Following the review, the City Council, at its discretion, may order the application to be further processed or may direct staff to cease processing the application. Any authorization to proceed does not imply in any way ultimate approval or disapproval of an application.
If the City Council authorizes the application to be processed, it shall refer the matter to the Planning Commission, which shall hold public hearings pursuant to state law after the necessary environmental review process and staff analysis have been completed.
In the event the City Council directs staff to cease processing an application pursuant to the provisions of this Section, a new application for a General Plan amendment Agenda Item #9.1.
Part II: Administration and Procedures
Part II, Page 40 | St. Helena Zoning Code | October 2022 Public Review Draft involving substantially the same request for a parcel or area shall not be reviewed by the City Council for at least one year after such direction.
Exemptions. Applications for General Plan amendments shall be exempt from the provisions of this Section if:
a. The application proposes only residential development and at least 60 percent of the planned residential units shall be affordable as defined in Chapter 17.32, Definitions of Terms; or
b. The City Council finds for reasons documented in writing that it is in interest of the public health, safety, or welfare to allow the processing of the General Plan Amendment to proceed.
17.06.040 Public Hearing
The Planning Commission shall hold a public hearing on all proposed amendments and make a recommendation to the City Council, where a public hearing shall also be held prior to a final decision by the City Council. The Planning Commission may recommend the approval, modified approval or denial of the proposed amendment.
17.06.050 Considerations
In reviewing General Plan amendments, the Planning Commission and City Council shall:
Allow for consideration of elements not initially considered at the time of approval of the General Plan;
Reflect changes in goals, policy, physical, social, or economic conditions; Acknowledge when, due to naturally occurring physical constraints or changes, the anticipated land usage per the General Plan is no longer feasible;
Take into consideration the consistency of the proposed amendment with the goals, policies and programs of the General Plan, adopted Planning Commission (where applicable) and other existing City policies;
When considering the reduction of residential density, ensure compliance with Government Code § 65863 by either finding that the remaining sites identified in the housing element are adequate to accommodate the City’s share of the regional housing need or by identifying sufficient additional, adequate, and available sites with an equal or greater density so that there is no net loss in residential density.
Ensure that there is no net loss of potential housing units.
17.06.060 Modifications by City Council
The following provisions shall be observed when the City Council determines to modify any proposed amendment to the General Plan:
The City Council may modify any proposed amendment by making non-substantive changes in the wording of a proposed text amendment. However, any substantive change proposed Agenda Item #9.1.
Part II: Administration and Procedures
October 2022 Public Review Draft | St. Helena Zoning Code | Part II, Page 41 by the City Council that was not discussed by the Planning Commission shall be referred back to the Planning Commission for a report and recommendation.
When the City Council has referred a matter back to the Planning Commission, it shall report back to the City Council within 30 days after the date of the City Council referral unless the City Council specifically allows for a longer period of time for the Planning Commission report and recommendation. Where action cannot be taken within 30 days by the Planning Commission, a longer period of time may be requested and the City Council may at its discretion grant such a request. Although no additional public hearing shall be required, the Planning Commission may at its discretion hold a public hearing prior to a report and recommendation on any matter referred to it by the City Council.
17.06.070 Annual review
At least once a year, generally in January, the Planning Commission shall conduct a comprehensive review of the General Plan map and text and report its findings to the City Council.
Agenda Item #9.1.
Part II: Administration and Procedures
Part II, Page 42 | St. Helena Zoning Code | October 2022 Public Review Draft Amendments to the Zoning Map and Text
17.07.010 Purpose
The purpose of this Section is to establish procedures to amend the Zoning Code text and to amend the City’s Official Zoning Map, commonly referred to as a “rezone” or “rezoning.” The purpose of text amendments is to reflect a change in policy, adopted plans such as the General Plan, or whenever the public necessity, the general community welfare and good zoning practice warrant such amendment.
All amendments to this Title or Zoning Map shall be consistent with the General Plan, any adopted Specific Plan, and other appropriate City policies.
17.07.020 General Plan Conformance Required
The Community Development Director shall make an initial determination of General Plan applicability to a specific parcel or proposal. When made verbally, such determination shall be advisory only. A formal determination in writing may be obtained upon written request of the City and payment of a fee as set forth by resolution of the City Council. Such a formal determination may be appealed in writing to the Planning Commission and ultimately the City Council pursuant to Chapter
17.12, Procedures for Appeals.
17.07.030 Pre-Zoning for Annexation
Purpose. The purpose of Pre-zoning property is to determine the zoning designation that will apply to property upon subsequent annexation to the City.
Applicability. The Pre-zoning process applies to unincorporated territory adjoining the City that is subject to a pending annexation.
All properties that have been pre-zoned in such manner shall be annexed with the retention of their pre-zoning classifications.
All properties that have not been pre-zoned in accordance with the provisions of this Chapter shall automatically be zoned A-20, agriculture district upon annexation.
Initiation. Pre-zoning shall be initiated by City Council.
17.07.040 Initiation of Amendment
Amendments may be initiated by the City Council, Planning Commission, Community Development Director, or the owner or authorized agent of the owner of the property included in any proposed change. Individuals or groups seeking to change the zoning of an area independent of an application should contact the City Council.
Agenda Item #9.1.
Part II: Administration and Procedures
October 2022 Public Review Draft | St. Helena Zoning Code | Part II, Page 43
17.07.050 Application
Application. An application for a zoning amendment shall be prepared, filed, and processed in compliance with Section 17.04.020, Application Process.
Responsibility. It is the responsibility of the applicant to provide information regarding the findings described by Section 17.07.020, General Plan Conformance Required, and 17.07.070, Considerations.
17.07.060 Public Hearings
The Planning Commission shall hold a public hearing on all proposed Zoning Map and text amendments and make a recommendation to the City Council. The Planning Commission may recommend the approval, modified approval, or denial of the proposed text or Zoning Map amendment. Following the Planning Commission hearing, the City Council shall hold a public hearing prior to a final decision.
17.07.070 Considerations
When considering an ordinance amending any of the provisions of this Title, including an amendment to the Zoning Map, the Planning Commission and City Council shall:
Take into consideration the consistency of the proposed amendment with the goals, policies and programs of the General Plan, adopted Planning Commission (where applicable) and other existing City policies;
When considering the reduction of residential density, ensure compliance with Government Code § 65863 by either finding that the remaining sites identified in the housing element are adequate to accommodate the City’s share of the regional housing need or by identifying sufficient additional, adequate, and available sites with an equal or greater density so that there is no net loss in residential density; and
Ensure that there is no net loss of potential housing units.
17.07.080 Modifications by City Council
The following provisions shall be observed when the City Council considers a modification to a proposed amendment:
The City Council may modify any proposed amendment by making non-substantive changes in the wording of a proposed text amendment; or in the case of a rezoning, by reducing the area involved, or by adopting a more restrictive zoning classification without first referring the matter to the Planning Commission for a report and recommendation. However, any substantive change proposed by the City Council that was not discussed by the Planning Commission shall be referred back to the Planning Commission for a report and recommendation.
When the City Council has referred a matter back to the Planning Commission, it shall report back to the City Council within 30 days after the date of the City Council referral unless the City Council specifically allows for a longer period of time for the Planning Commission report Agenda Item #9.1.
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Part II, Page 44 | St. Helena Zoning Code | October 2022 Public Review Draft and recommendation. Where action cannot be taken within 30 days by the Planning Commission, a longer period of time may be requested and the City Council may at its discretion grant such a request. Although no additional public hearing shall be required, the Planning Commission may at its discretion hold a public hearing prior to a report and recommendation on any matter referred to it by the City Council.
Agenda Item #9.1.
Part II: Administration and Procedures
October 2022 Public Review Draft | St. Helena Zoning Code | Part II, Page 45 Specific Plans
17.08.010 Purpose
The purpose of this Chapter is to establish provisions for the preparation, adoption, and implementation of Specific Plans, pursuant to Government Code §§ 65450 et seq.
Specific Plans are established to implement the policies of the General Plan that call for the preparation and adoption of Specific Plans in certain areas of the City.
Specific Plans can address a wide variety of situations including:
Large-scale projects;
Projects proposed on sites that have multiple development constraints; Projects that require significant coordination among a number of properties; Projects in that the phasing or timing is critical;
Projects that will generate significant infrastructure needs; and Projects that have important and broadly based community-wide implications.
17.08.020 Applicability
The Specific Plan shall govern the use and development of any properties included in an area to which an adopted Specific Plan applies without regard for adopted zoning regulations and standards unless the Specific Plan contains specific provisions designed to rely on the Zoning Ordinance in certain situations not covered in the Specific Plan.
17.08.030 Pre-Application Review Required
The Pre-Application Review is required prior to preparation of a Specific Plan to determine which goals, policies and programs of the General Plan are applicable and need to be reflected in the proposed Specific Plan. A Pre-Application Review consists of the following:
The applicant shall submit a letter of intent and a concept plan showing the general arrangement and design of the land uses and major elements of the proposed development to the Community Development Director for review.
The Community Development Director shall forward the pre-application to the City Council for a determination of which goals, policies and programs of the General Plan are applicable and need to be reflected in the proposed Specific Plan.
The Public Works Director shall determine the scope of the infrastructure improvements to be analyzed in conjunction with the Specific Plan. The scope of infrastructure to be analyzed shall be based on a review of the project impacts and a nexus of improvements necessitated by the project.
Agenda Item #9.1.
Part II: Administration and Procedures
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17.08.040 Application
Following the Pre-Application Review described in Section 17.08.030, the applicant shall submit an application in compliance with the provisions of Section 17.04.020, Application Process. The proposed Specific Plan and application shall:
Contain enough information to clearly demonstrate how the proposed Specific Plan will implement the applicable General Plan goals, policies and programs. This includes detailed regulations, conditions, programs, and proposed legislation necessary or convenient for the systematic implementation of the General Plan.
Be prepared under the supervision of the City with all costs of the planning document including the CEQA analysis paid by the property owners unless the Community Development Director determines that all or a portion of the costs will be paid by the City.
17.08.050 Public Hearing
The Planning Commission shall conduct a public hearing and issue a recommendation to the City Council for decision.
17.08.060 Modifications by City Council
The following provisions shall be observed when the City Council considers a modification to a Specific Plan:
The City Council may modify any Specific Plan by making non-substantive changes without first referring the matter to the Planning Commission for a report and recommendation.
However, any substantive change proposed by the City Council that was not discussed by the Planning Commission shall be referred back to the Planning Commission for a report and recommendation.
When the City Council has referred a matter back to the Planning Commission, it shall report back to the City Council within 30 days after the date of the City Council referral unless the City Council specifically allows for a longer period of time for the Planning Commission report and recommendation. Where action cannot be taken within 30 days by the Planning Commission, a longer period of time may be requested and the City Council may at its discretion grant such a request. Although no additional public hearing shall be required, the Planning Commission may at its discretion hold a public hearing prior to a report and recommendation on any matter referred to it by the City Council.
Agenda Item #9.1.
Part II: Administration and Procedures
October 2022 Public Review Draft | St. Helena Zoning Code | Part II, Page 47 Nonconforming Provisions
17.09.010 Purpose
This Chapter provides regulations for nonconforming uses, lots, developments, and signs that were lawful at the time of their construction or establishment, but which no longer conform to the regulations of the Zoning Code. The intent of this Chapter is to:
Encourage improvements for appearance, maintenance, and safety, while limiting the extent to which nonconforming uses and structures may continue to be used, altered, expanded, moved, or replaced. Unless specified otherwise, this Chapter is intended to be administered in a manner that encourages the eventual elimination of nonconformities.
Ensure that nonconformities shall not be reestablished after abandonment or discontinuance or restored after involuntary destruction, except in compliance with this Chapter.
17.09.020 Continuation and Maintenance
Any nonconforming use, building, structure, or other physical features may be continued, used, and maintained indefinitely in compliance with this Chapter.
Any nonconforming lot may be used, developed, and maintained in compliance with this Chapter.
A nonconforming use, lot, structure, building, or other physical feature may be transferred or sold, provided that no such use or structure, building, or other physical feature shall be enlarged or altered except as otherwise provided in this Chapter.
17.09.030 Nonconforming Uses
A nonconforming use is a legally established use of land that is not permitted in the zoning district in which it is located, or a use that is permitted with a CUP or MUP but for which no CUP or MUP has been obtained, because the use was established prior to the application of the existing zoning district due to rezoning, annexation or a change in the regulations of the Zoning Code. Legally established nonconforming uses shall be governed by the following regulations:
Extension of Use. A nonconforming use may not be extended to other parts of a building, or other physical feature except that on a site where existing residential uses are nonconforming, other buildings on the same site may be expanded or enlarged upon approval of a Conditional Use Permit by the Planning Commission consistent with the procedures established in Section
17.05.020, Conditional Use Permit.
Change of Use. Consistent with the procedures of Chapter 17.04, Common Procedures and Section 17.05.020, Conditional use Permit, the Planning Commission may grant a Conditional Use Permit for a change of use from a nonconforming use to another nonconforming use provided the following:
The Planning Commission determines that the resultant use is more consistent with the uses permitted in the district than the former use.
Agenda Item #9.1.
Part II: Administration and Procedures
Part II, Page 48 | St. Helena Zoning Code | October 2022 Public Review Draft The new use is less intensive in terms of hours of operation, number of employees, occupancy capacity, energy consumption, volume of traffic or noise generated by the use, or amount of parking is required.
The Planning Commission establishes an amortization schedule for the nonconforming use, by setting a date after which the nonconforming use must be discontinued or replaced with a conforming use.
Reestablishment of a Nonconforming Use. When a nonconforming use has been changed to a conforming use, the nonconforming use shall not be reestablished thereafter.
Reestablishment of an Abandoned Nonconforming Use.
A residential or non-residential nonconforming use that has been given up, closed, surrendered, interrupted, terminated or discontinued for a period of 60 continuous days, regardless of intent to surrender the nonconforming use, is considered an abandoned nonconforming use.
Public Hearing and Procedures. The Planning Commission shall hold a public hearing, noticed in compliance with Section 17.04.080, on an application for the reestablishment of an abandoned nonconforming use and shall, at the conclusion of the public hearing, approve (with or without conditions), or deny the application in compliance with the following criteria:
a. Abandonment with an Approved Conditional Use Permit. An abandoned nonconforming use that has been operating in conformance with a previously approved Conditional Use Permit may be resumed, reestablished, or reopened within a six-month time period from the date of abandonment in accordance with the following criteria:
i. The use is the same use which previously existed.
ii. Written notice of the date of reestablishment shall be given to the Community Development Director prior to reestablishment of the use. iii. A City business license shall be obtained.
iv. All permits/approvals from any agency regulating the nonconforming use shall be obtained.
v. A fictitious business name shall be filed with Napa County if required by state regulations.
vi. All required information shall be filed with the State Board of Equalization.
vii. If a building permit is requested to remodel the existing building, the Conditional Use Permit remains vested, provided the building permit has been issued, construction consistent with the building permit has commenced, and construction is actively pursued toward completion prior to the six-month time period defining abandonment.
When it has been determined that the use has been resumed, reestablished, or reopened consistent with the criteria above, the use is deemed vested.
Agenda Item #9.1.
Part II: Administration and Procedures
October 2022 Public Review Draft | St. Helena Zoning Code | Part II, Page 49 b. Abandonment Without an Approved Conditional Use Permit where a Conditional Use Permit is Required. An abandoned nonconforming use that requires but has not been granted a Conditional use Permit may be reestablished in accordance with the following criteria:
i. The permit application is submitted within 60 days of written notice provided by the Community Development Director of the need for reestablishment of the Conditional Use Permit;
ii. The Planning Commission makes findings required of a Conditional Use Permit as defined in Section 17.05.020; and
iii. If the operation is substantially changed, the new use is either a permitted use in the district or a Conditional Use Permit is first be approved by the Planning Commission to allow the change in the operation of the same type of business previously established. Change in the operation of the business shall include, but not be limited to expansion of floor area, substantial modification of the type of business, change in type of merchandise which results in a different type of business, change in hours of operation which results in a different type of business (i.e., restaurant use to nightclub use) or changes to the business which will result in increased traffic, water use, or wastewater generation impacts.
c. Abandonment Without an Approved Conditional Use Permit where the Use Is Not Permitted. An abandoned nonconforming use that is not permitted and has not been granted a Conditional use Permit may not be reestablished unless the Planning Commission finds that all of the following criteria are met:
i. The use complies with the findings required of a Conditional Use Permit as defined in Section 17.05.020;
ii. The building or structure was specifically designed or modified for a nonconforming use;
iii. The structural alterations necessary to bring the building or structure into conformance with the standards of the Municipal Code are estimated by the Chief Building Official to cost more than 50 percent of the current market value of building or structure; and iv. The proposed reestablishment of a nonconforming use will not be detrimental to any existing or potential permitted use in the area in which the nonconforming use is located.
If the operation is substantially changed, the new use is either a permitted use in the district or the change in operation does not increase the degree of nonconformity. Change in the operation of the business shall include, but not be limited to expansion of floor area, substantial modification of the type of business, change in type of merchandise (one type of business to another type of business), change in hours of operation which results in a different type of business (i.e., restaurant use to nightclub use) or changes to the business Agenda Item #9.1.
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Part II, Page 50 | St. Helena Zoning Code | October 2022 Public Review Draft which will result in increased traffic, water use, or wastewater generation impacts.
Extension. The reestablishment of a legal nonconforming use may be extended for one year upon the approval of the Community Development Director, for uses which have been closed because of seismic retrofit construction authorized by a City building permit.
Certificate of Present Extent of Legal Nonconforming Use.
The owner of a legal nonconforming use:
a. At any time may apply for a certificate determining the present extent of a legal nonconforming use; or
b. Upon notification by the Community Development Director in the event of a dispute over voluntary abandonment, entitlement to issuance of a building or other permit, or the intensity and/or scope of the nonconforming use, shall apply for a certificate determining the present extent of the legal nonconforming use.
The application shall be filed with the Community Development Department in the form prescribed by the Department and shall be accompanied by all required fees.
Public Hearing.
a. The Planning Commission shall hold a public hearing to determine the present extent of the legal nonconforming use. The hearing shall be held in accordance with the procedures set forth in Chapter 17.04, Common Procedures. The owner has the burden of proof to establish the original legal nonconforming status of the use and the extent of any repair, maintenance, restoration, rebuilding, rehabilitation, remodeling, redesign or rearrangement which has occurred which conforms to the standards set forth in subsection 17.09.030.A, Extension of Use.
b. For residential projects, the public hearing may be waived and the Community Development Director is authorized to render an administrative decision in writing if, after providing notice of the intended decision and right to request a public hearing to property owners within 300 feet of the subject property, the Community Development Director finds that no member of the public has requested said hearing, and that no additional information is required to render a decision.
At the conclusion of the hearing, the Planning Commission shall determine the present extent of the legal nonconforming use and issue a certificate setting forth such determination.
The determination of the Planning Commission may be appealed to the City Council in accordance with the procedures set forth in Chapter 17.12, Procedures for Appeals.
Within 30 calendar days of issuance of the certificate or, in the event of appeal, within 30 calendar days of the final decision of the City Council on appeal, the Community Development Director shall file a true and correct copy of the certificate with the Napa County assessor.
Agenda Item #9.1.
Part II: Administration and Procedures
October 2022 Public Review Draft | St. Helena Zoning Code | Part II, Page 51 The procedure set forth in this Section shall also be used to determine the present extent of those certain winery and winery-related uses permitted without a Use Permit pursuant to Part III, District Regulations. For purposes of such determination, all references in this Section to "legal nonconforming" shall be replaced by the term "uses permitted pursuant to Part III, District Regulations.”
17.09.040 Nonconforming Lots
A nonconforming lot is a legally established lot that does not conform to the regulations regarding area, width, frontage or other such standard for the zoning district in which it is located because of rezoning, annexation or change in the regulations of the Zoning Code, Subdivision Ordinance or Subdivision Map Act. Legally created nonconforming lots shall be governed by the following regulations:
Change in Nonconforming Lots. A nonconforming lot shall not be changed in any way that would increase the degree of nonconformity unless there is a corresponding decrease in the degree of nonconformity of an adjoining lot and no new lot(s) or additional density permitted will result.
Uses on Nonconforming Lots. Any conforming use or conforming building, structure or other physical feature may be established on any nonconforming lot provided the use, building, structure or other physical feature conforms to the standards and regulations of the zoning district in which it is located and the provisions of this Title.
Single-family Dwellings on Nonconforming Lots. A nonconforming lot to be used for residential purposes shall be subject to the density requirements of the zoning district and General Plan designation in which it is located. However, one single-family dwelling and customary accessory buildings may be permitted on any nonconforming lot in any zoning district in which a single-family dwelling is permitted, provided the single-family dwelling and accessory buildings shall conform to the design standards and regulations of the zoning district in which they are located and the provisions of this Title.
17.09.050 Nonconforming Buildings or Structures
A nonconforming building, structure or other physical feature is a legally established building, structure or other physical feature that does not meet the standards of the zoning district in which it is located. It can also be a building, structure or other physical feature for which a Conditional Use Permit, variance or other similar permit is required but for which no such permit has been obtained because the building, structure or other physical feature was established prior to the application of the existing zoning district due to rezoning, annexation or change in the regulations of the Zoning Code. Legally established nonconforming buildings, structures and physical features shall be governed by the following regulations:
Expansion and Enlargement. A nonconforming building, structure or other physical feature shall not be reconstructed, except as provided for in subsection C of this Section, expanded, or enlarged unless the new work will be in conformance with the regulations and standards of the zoning district in which it is located and the provisions of the Zoning Code. Nor shall any nonconforming building, structure or other physical feature be absorbed, remodeled into or Agenda Item #9.1.
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Part II, Page 52 | St. Helena Zoning Code | October 2022 Public Review Draft made part of, all or in part, any other building, structure or other physical feature unless all nonconforming portions, items or aspects are brought into conformance.
Remodel, Rehabilitation, and Alteration. A nonconforming building, structure or physical feature may be remodeled, rehabilitated, or structurally altered if the new work does not increase the degree of nonconformity.
Repair, Maintenance, and Reconstruction.
A nonconforming building, structure or physical feature damaged or destroyed by any means except demolition or intentional removal, may be reconstructed to its original condition if the Chief Building Official determines that no more than 50 percent of the gross floor area has been lost. If more than 50 percent of the building structure, or physical feature is damaged or destroyed, then it must be rebuilt in compliance with current development standards.
If the Chief Building Official determines that the extent of destruction exceeds 50 percent of the gross floor area, the nonconforming building, structure or physical feature may be reconstructed to its original or other nonconforming condition only upon the approval of a Conditional Use Permit pursuant to the provisions of Section
17.05.020 provided the application for the Conditional Use Permit is submitted within one year of the damage or destruction. The Planning Commission may require as a condition of approval that the building is thereafter devoted to a conforming use.
Seismic Retrofitting, Building and Construction Code Compliance. Repairs, alterations, or reconstruction to improve seismic safety or necessary to comply with Building Code and Construction Code requirements shall be allowed, provided that the work is exclusively to comply with applicable earthquake safety standards, and the Building Code and Construction Code, as determined by the Chief Building Official.
17.09.060 Illegal Nonconforming Uses and Structures
Any building or structure set up, erected, built or moved and any use of property contrary to the provisions of this Title are unlawful and a public nuisance. Action shall be immediately commenced for abatement, removal and enjoinment in the manner provided by law; other steps shall be taken to apply to such court or courts as may have jurisdiction to grant such relief as will abate and remove such building or structure and restrain and enjoin any person from setting up, erecting, building or moving any such building or using any property contrary to the provisions of this Title. All applicable remedies shall be cumulative and not exclusive.
17.09.070 Nonconforming Signs
The following provisions shall apply to all permanent signs, mounted or freestanding:
Continuance of Legally Nonconforming Sign or Billboard. A legally nonconforming sign or billboard may be continued for up to five years after the Effective Date or seven years from date of erection, whichever is shorter.
Abandonment, Destruction, or Discontinuance. Any nonconforming sign that is abandoned, destroyed to less than one-half of the value as determined by the Chief Building Agenda Item #9.1.
Part II: Administration and Procedures
October 2022 Public Review Draft | St. Helena Zoning Code | Part II, Page 53 Official, or discontinued for a period of six months or more shall be removed by the owner of the property on which the sign is located. Historic signs are exempt.
Enlargement, Alteration, Reconstruction, or Replacement. No nonconforming sign or billboard shall be enlarged, altered, reconstructed, or replaced except for reasonable repair or maintenance.
Subsections A through C shall also apply to nonconforming signs. Any time limit for the suspension of a nonconforming sign shall date from the enactment of this Title or any amendment of district boundaries that may make the signs nonconforming.
Sign Removal. It shall be the duty of the owner of any nonconforming sign and the duty of the owner of any premises upon which a nonconforming sign is located, to remove the sign or to bring sign into conformance, pursuant to the provisions of this Title.
If such owners fail to perform such duty, the City Council shall direct the Chief Building Official to notify such owners in writing, registered mail, postage prepaid, to their last known addresses, to cause such removal or conformance within 30 days after mailing of such notice.
The owners shall have the right, upon owner’s request, to a public hearing at any City Council meeting following receipt of the notice and prior to the expiration of the 30- day period on the issue of whether or not the owner is obligated to perform such duty.
If the owners fail to perform such duty within the 30-day period as described in Section E.2, the City Council, in addition to other available remedies, may cause the removal of such signs to be done by the City or its contractor and assess the cost and expense of the same against the property on which the sign was located. Such costs and expenses may be a lien upon such property and if not paid, payment may be enforced against the property by any appropriate action in a court.
Agenda Item #9.1.
Part II: Administration and Procedures
Part II, Page 54 | St. Helena Zoning Code | October 2022 Public Review Draft Historic Designation
17.10.010 Purpose
The purpose of this Chapter is to provide processes for the nomination and designation of locally significant historic resources and districts in an effort to recognize and promote the preservation of sites, structures, and areas important to the history of St. Helena. Historic designation allows for inclusion in the Historic Preservation Overlay as established in Section 17.21.040 and shown on the Zoning Map.
17.10.020 Designation Process
Local Historic Resources. Local historic resources shall be designated by the Planning Commission in the following manner:
Initiation of Designation. Designation of an historical resource may be initiated by the Planning Commission or by the owner of the property that is proposed for designation. Applications for designation originating from outside the Planning Commission must be accompanied by such historical and architectural information prepared by a qualified architectural historian as is required by the Planning Commission to make an informed recommendation concerning the application, together with the fee set by the City Council.
Review, Notice and Hearing. The Planning Commission shall conduct a public hearing on a nomination for local historic resource designation. Notice of the public hearing shall be provided, and the hearing shall be conducted in compliance with Section
17.04.080, Public Hearing Notice, including mailed notice to the owners of any property proposed for such designation.
Findings, Decision. Following a public hearing, the Planning Commission may approve or disapprove a nomination for designation as a local historic resource. The commission shall record the decision and the findings upon which the decision is based. Approved designations will be added to the City’s Local Register. The Planning Commission may approve such designation only if it finds that the resource meets at least one of the following criteria:
a. It is associated with events that have made a significant contribution to St.
Helena’s history and cultural heritage; or
b. It is associated with the lives of persons important in St. Helena’s past; or c. It embodies the distinctive characteristics of a type, period, region, or method of construction, or represents the work of an important creative individual, or possesses high artistic values; or
d. It has yielded, or may be likely to yield, information important in St. Helena’s prehistory or history.
Local Historic Districts. Local historic districts shall be designated by the City Council upon the recommendation of the Planning Commission in the following manner:
Agenda Item #9.1.
Part II: Administration and Procedures
October 2022 Public Review Draft | St. Helena Zoning Code | Part II, Page 55 Initiation of Designation. The designation of a local historic district may be initiated by the City Council or the Planning Commission.
Requirements for Designation. The designation of a local historic district is subject to evaluation by a qualified architectural historian and a finding by the Approval Authority that all of the following requirements are met:
a. The proposed district is a geographically definable area; b. The proposed district possesses either a significant concentration or continuity of buildings unified by past events or aesthetically by plan or physical development;
c. Considered as a whole, a sufficient concentration of buildings within the proposed district demonstrates integrity of design, setting, materials, workmanship and association;
d. The collective historic value of the buildings and structures in the proposed district is greater than the historic value of each individual building or structure; and
e. The designation of the area as a historic district is reasonable, appropriate and necessary to protect, promote and further the goals and purposes of this Chapter and is not inconsistent with other goals and policies of the City.
Planning Commission Hearing and Recommendation. The Planning Commission shall conduct a public hearing on a nomination for local historic resource district. Notice of the public hearing shall be provided, and the hearing shall be conducted in compliance with Section 17.04.080, Public Hearing Notice, including mailed notice to the owners of any property proposed for such designation. Following the public hearing, the commission shall recommend approval in whole or in part or disapproval of the application for designation in writing to the City Council, setting forth the reasons for the decision. The Planning Commission may approve a recommendation for a local historic district only if it makes the findings set forth in subsection B.2 of this Section.
City Council Hearing and Decision. The City Council shall conduct a public hearing on a nomination for local historic district. Notice of the public hearing shall be provided, and the hearing shall be conducted in compliance with Section 17.04.080, Public Hearing Notice, including mailed notice to the owners of any property proposed for such designation. Following the public hearing, the City Council shall by resolution approve the recommendations in whole or in part shall by motion disapprove them in their entirety. The City Council may approve a designation as a local historic district only if it makes the findings set forth in subsection B.2 of this Section. If the City Council approves a local historic district, notice of the decision shall be sent to property owners within the district. Properties identified as contributors to a local historic district shall be added to the HP Overlay.
17.10.030 Amendment or Rescission
The Planning Commission and the City Council may amend or rescind any designation of an historical resource or historic district in the same manner and procedure as are followed for designation.
Agenda Item #9.1.
Part II: Administration and Procedures
Part II, Page 56 | St. Helena Zoning Code | October 2022 Public Review Draft
17.10.040 Local Register
The sites and structures previously designated by the City Council as having local historic significance through the adoption of Resolution 2019-54 (Specifically Appendix A, Historic Resources List of General Plan and as amended pursuant to the properties noted in the HP Overlay on the Zoning Map) are hereby designated as local historic resources as defined in this Chapter and hereby included in the Local Register.
The Planning Commission shall maintain a register of designated local historic resources and districts (Local Register).
Agenda Item #9.1.
Part II: Administration and Procedures
October 2022 Public Review Draft | St. Helena Zoning Code | Part II, Page 57 Minor Modifications and Variances
17.11.010 Minor Modifications to Development Standards
Purpose. The purpose of this Section is to enable the Community Development Director to approve minor deviations from the Code standards when such requests constitute a reasonable use of property but are not otherwise permissible under the strict application of this Code. An authorization to approve a Minor Modification does not extend to making any changes in the uses permitted in any zoning district.
Applicability. The Community Development Director may grant a Minor Modification Permit from the requirements of this Code for the following types of modifications:
Table 17.11.010.A: Types of Minor Modifications
Types of Minor Modifications Maximum Modification
An increase in lot coverage. 10%
A reduction of a designated setback. 20% or 1 foot, whichever is greater
An increase in allowable building height. 5% or 2 feet, whichever is greater
Reduction in required open space on a lot. 10%
An increase of the allowed maximum height of a fence or wall located within a designated setback area.
10% or 1 foot, whichever
is greater
Where a majority of lots are developed with single-family residences with non-conforming setbacks, new buildings or structures may conform to the pattern established by the majority of the existing buildings or structures in the same block. This is most likely to occur in older historic neighborhoods.
Determined on a caseby-case basis
To encourage the development of housing units for disabled persons with limited mobility, the Director may allow deviation from the prescribed standards of Division II or IV (Zones) where necessary to install features that facilitate access and mobility for disabled persons.
Determined on a caseby-case basis
Minor deviation from Façade Design Standards for those situations where a project is requesting exception from objective or other design standards
Determined on a caseby-case basis
Calculation of Modification. For example, if a site is 5,000 square feet in area, and it is required to provide 20 percent open space of a lot area, the site would be required to provide 1,000 square feet. A 10 percent deviation would equate to a reduction of 100 square feet of open space (1,000 x 10 percent = 100). As a result, the site would need to provide 900 square feet of open space.
Agenda Item #9.1.
Part II: Administration and Procedures
Part II, Page 58 | St. Helena Zoning Code | October 2022 Public Review Draft Precedents. Each Minor Modification application shall be reviewed on an individual case-bycase basis and the approval of a Minor Modification in one situation is not relevant to the City’s consideration of the approval of a Minor Modification in a new situation.
Application Requirements. An application for a Minor Modification shall be prepared, filed, and processed in compliance with Section 17.04.020, Application Process.
Responsibility. It is the responsibility of the applicant to comply with the findings of subsection G below.
Findings. The Community Development Director shall approve, with or without conditions, a Minor Modification application, only after the following findings are made:
The deviation is necessary due to the physical characteristics of the property and the proposed use or structure or other circumstances.
The Minor Modification is the minimum departure from the requirements of this Code necessary to grant relief to the applicant and would not be detrimental to the public welfare or injurious to the property or improvements in the vicinity or the zone in which the subject property is located.
Granting the requested deviation will not detract from the overall appearance of the neighborhood or immediate vicinity and will not impair the provision of adequate light, air, circulation, or visual openness.
The deviation, as proposed and conditioned, will achieve the general purposes of this Code or the specific purposes of the zoning district in which the project is located.
Review and Hearing Procedures.
The Community Development Director shall review the projects described in subsection B for conformance with the development criteria of the General Plan, the appropriate zoning district and all other development criteria established by the City as an element of the Minor Modification review process. Each application shall be reviewed by the Community Development Director to ensure that the proposal complies with all applicable requirements of this Title.
Prior to a decision on a Minor Modification, the City shall provide notice of a public hearing in compliance with Section 17.04.080, Public Hearing Notice. a. Public Notice. The notice shall state that the director will decide whether to approve or disapprove the Minor Modification application on a date specified in the notice, and that a public hearing will be held only if requested in writing by any interested person prior to the specified date for the decision. b. Hearing. When a hearing is requested, notice of the hearing shall be provided in compliance with Section 17.04.080, Public Hearing Notice, and the Community Development Director shall conduct the public hearing prior to a decision on the application in compliance with Chapter 17.04, Common Procedures.
Agenda Item #9.1.
Part II: Administration and Procedures
October 2022 Public Review Draft | St. Helena Zoning Code | Part II, Page 59 Notice of Action, Appeals, Expiration, Extensions, and Modifications.
Notice of Action. Notice of Action shall be provided pursuant to Section 17.04.100, Timing and Notice of Action.
Appeals. A decision of the Community Development Director may be appealed to the Planning Commission as provided in Chapter 17.12, Procedures for Appeals.
Expiration, Extensions and Modifications. Minor Use Permits may only be extended or modified as provided for in Section 17.04.140, Extension of Permits and Approvals and Section 17.04.150, Modifications to an Approval.
17.11.020 Variances
Purpose. In compliance with Government Code § 65900 et seq., this Section allows for variances from the development standards of this Code only when, because of special circumstances applicable to the property including size, shape, topography, location or surroundings, the strict application of this Code deprives such property of privileges enjoyed by other properties in the vicinity and under the identical zoning district.
Applicability.
The Planning Commission may grant a Variance from the requirements of this Code in compliance with this Chapter and state law. The power to approve Variances does not extend to use regulations in compliance with Government Code § 65906.
A Variance shall not be granted to permit a use or a density otherwise permitted in the zoning district in which the property in question is situated.
Nonconforming uses or developments on adjacent properties shall not be considered grounds for issuance of a variance.
If the variance pertains to a new structure or building, or an addition to a structure or building, design review of the structure or building must be approved pursuant to Section 17.05.070, Major Design Review, prior to or simultaneous to the approval of the variance.
Application Requirements. An application for a Variance shall be prepared, filed, and processed in compliance with Section 17.04.020, Application Process.
Public Hearing and Procedures.
Precedents. A previous variance shall not be considered to have set a precedent for the granting of further variances; each case must be considered on its individual merits.
Notice. Public hearings shall be property noticed in compliance with Section
17.04.080, Public Hearing Notice.
Public Hearing. The Planning Commission shall hold a public hearing on the Variance application and shall, at the conclusion of the public hearing, approve (with or without conditions), or deny the application in compliance with the requirements for conditional uses and other applicable Sections of this Code.
Agenda Item #9.1.
Part II: Administration and Procedures
Part II, Page 60 | St. Helena Zoning Code | October 2022 Public Review Draft Findings. In approving a Variance, the Planning Commission must make the following findings:
There are special circumstances applicable to the property, including size, shape, topography, location, or surroundings, such that the strict application of this Code deprives the property of privileges enjoyed by other property in the vicinity and under the identical zoning district;
The special circumstances applicable to the property were not created by an act of the property owner (e.g., a Variance shall not be granted for a self-imposed hardship; Granting the Variance would not authorize a use or activity that is not otherwise expressly authorized by the zoning district governing the property; Granting the Variance will not be materially detrimental to the public health, safety, or welfare and will not impair an adequate supply of light and air to adjacent properties; and will not materially impair the purpose and intent of this Title or the public interest, nor adversely affect the General Plan; and
The Variance is consistent with the General Plan and any applicable Specific Plan or the potentially adverse effects of the Variance in relation to the General Plan are exceeded by the individual hardship which would be relieved by granting the Variance.
Notice of Action and Appeals.
Notice of Action. Notice of Action on a Variance shall be provided pursuant to Section
17.04.100, Timing and Notice of Action.
Appeals. For all decisions of the Planning Commission may be appealed to the City Council as provided in Chapter 17.12, Procedures for Appeals.
Agenda Item #9.1.
Part II: Administration and Procedures
October 2022 Public Review Draft | St. Helena Zoning Code | Part II, Page 61 Procedures for Appeals
17.12.010 Purpose
This Chapter establishes procedures for appeals of determinations and decisions rendered by the Community Development Director and the Planning Commission.
17.12.020 Procedure
Filing An Appeal. Any applicant or other interested person dissatisfied with any action taken under this Title may appeal such action and decision, in compliance with the following provisions:
Appeals from the decision of the Community Development Director or any other administrative official in taking any of the actions authorized by this Title shall be made to the Planning Commission through the Community Development Director, unless otherwise indicated.
Appeals from the decision of the Planning Commission in taking any of the actions authorized by this Title shall be made to the City Council through the City Clerk.
Fourteen-Day Appeal Period.
All appeals shall be made in writing and be accompanied by the appropriate fee, in accordance with the provisions of Section 17.04.030, Fees, unless otherwise indicated.
Appeals must be received by the Community Development Director or City Clerk not later than 14 calendar days following the date of action from which such appeal is being taken. If the fourteenth calendar day is a weekend or a City holiday, the deadline will be extended to the next working day of the City.
No appeal is allowed or shall be heard, and the decision shall be final, after the lapse of the 14-day appeal period.
The appeal period shall commence the day following the date of action or decision.
Appeal Letter. The letter of appeal must state:
The specific action being appealed;
The action which the appellant requests the Planning Commission or City Council to take;
The reason for the appeal; and
The name, address, and telephone number of the appellant or contact person if there are multiple appellants.
Appeal Review. Within three working days of receipt of the appeal, the Community Development Director or City Clerk shall examine the appeal, and if it is found to be incomplete, return it by certified mail to the appellant for revision. Appellant shall have five working days to file an amended appeal. Upon failure to file an amended appeal within the five days, the appeal shall be deemed withdrawn.
Agenda Item #9.1.
Part II: Administration and Procedures
Part II, Page 62 | St. Helena Zoning Code | October 2022 Public Review Draft Receipt of Appeal. The receipt of a written appeal shall stay all actions or put all permits or other discretionary approvals that may have been granted in suspension, pending the effective date of the Approval Authority hearing the appeal.
Motion for Appeal.
The Planning Commission or the City Council may, by motion adopted by majority vote, initiate an appeal on that Approval Authority body’s behalf. A motion for appeal must be passed within 14 days following rendering of the decision appealed; provided, however, that if no regularly scheduled meeting of the Planning Commission or City Council occurs within such 14-day time period, the time for such appeal shall be extended through the date of the next succeeding regularly scheduled meeting. No grounds for appeal need be stated nor must a letter of appeal be submitted.
Appeals shall be scheduled for the earliest regular meeting of the hearing body, not less than 10 days or more than 60 days after the date of filing a complete appeal application or passing a motion for appeal, consistent with the agenda preparation procedures and schedule of the hearing body.
All appeals shall be considered in a public hearing if a public hearing was required for the decision appealed, consistent with the procedures set forth in 17.04, Common Procedures. All Approval Authorities hearing appeals shall consider the project in its entirety, or de novo. The Planning Commission or the City Council may affirm, reverse, or modify the decision appealed as deemed just and equitable, provided such action is not contrary to any provisions set forth in this Title.
Agenda Item #9.1.
Part II: Administration and Procedures
October 2022 Public Review Draft | St. Helena Zoning Code | Part II, Page 63 Enforcement
17.13.010 Purpose
This Chapter establishes provisions for enforcement of this Code and any conditions of a permit or approval, to promote the City’s planning efforts, and for the protection of the public health, safety, and welfare of the City. This Chapter puts all persons on notice of the proceedings and penalties involved if any provision of this Code is violated.
17.13.020 Determination of Violation
The Community Development Director, Fire Chief, Chief Building Official or other Code enforcement official may conduct any investigation necessary to determine whether persons are complying with this Title, including the terms, conditions, mitigation measures, or project descriptions incorporated into any permit, approval or clearance issued pursuant to this Title.
17.13.030 Penalty
Declaration of Public Nuisance. The following is unlawful and may be declared a public nuisance:
Violation of, or noncompliance with, any term, condition, mitigation measure or project description incorporated into any permit, approval or clearance granted pursuant to this Title.
Any building set up, erected, built, or moved, and any use of property contrary to the provisions of this Title.
Action. When any building or any use of property is contrary to the provisions of this Title, the City may immediately commence any action or proceeding for the abatement, removal, and enjoinment thereof pursuant to Chapter 1.12, Enforcement Procedures or state law.
Penalty. Any persons, whether as principal, agent, employee or otherwise, violating any of the provisions of this Title shall be guilty of an infraction, and upon conviction shall be punishable by a fine not to exceed $500.00. Such persons shall be deemed guilty of a separate offense for each and every day, considered to be any time period within a day when a violation of this Title is committed, continued, or permitted by such person.
17.13.040 Issuance of Stop Orders
Serving of Stop Order. If the Community Development Director, Fire Chief, Chief Building Official or other Code enforcement official determines that a violation of this Title exists, each such official is authorized to issue stop orders to prohibit further construction or use of any land, building, or premises that are in violation of this Title. The stop order shall be served by posting a copy on the premises which is the location of the violation or which is the subject of the permit or approval issued by the City. In addition, a copy of such stop order shall be personally served on the owner or responsible person or mailed to the owner or responsible person at the address shown on the current Community Development Department records Agenda Item #9.1.
Part II: Administration and Procedures
Part II, Page 64 | St. Helena Zoning Code | October 2022 Public Review Draft or on the current records in the office of the Napa County Assessor. Such order shall become effective immediately upon posting.
Correction of Violation. After service of a stop order, no person shall perform any act in violation of the terms of the stop order, except such actions as are determined by the Community Development Director, Fire Chief, Chief Building Official, or other Code Enforcement Official to be necessary to correct the violation or to render the premises safe and secure, until such violation has been corrected to the satisfaction of the person serving the stop order.
Appeal of Stop Order. Within 10 days after the posting of a copy of the order on the premises, any person adversely affected by the terms of the stop order may appeal such order to the City Council, which shall hold a hearing and make such decisions as may be appropriate in accordance with the provisions of Chapter 1.12, Enforcement Procedures.
Responsibility of Stop Order Appeal. The property owner and responsible person shall be liable for all processing costs, including attorney fees, incurred by the City in carrying out this Section, pursuant to the procedures set forth in Chapter 17.04, Common Procedures.
17.13.050 Administrative Enforcement Proceedings
Whenever the Community Development Director or Chief Building Official determines that a violation of this Title exists or where the operation of a use is detrimental to the public health, safety or general welfare, they may refer the matter to the Planning Commission for a public hearing for the revocation or modification of any permit, approval or clearance, or such determination or enforcement as may be appropriate under the circumstances. The following provisions shall be observed in the conduct of administrative enforcement proceedings:
Public Notice. Notice of any administrative enforcement hearing shall be given to the public in the same manner as generally provided for public hearings pursuant to Section 17.04.080, Public Hearing Notice.
Demonstration of Violation.
If an enforcement proceeding has been commenced by the City, the City has the burden of demonstrating that a violation has occurred or that the operation of the use is detrimental to the public health, safety, or general welfare.
Where the party against whom the enforcement proceeding has been directed raises a defense, that party has the burden of proving the defense.
Final Decision. If the Planning Commission determines that there has been a violation of this Title or that the use has been conducted in such a way as to be detrimental to the public’s health, safety or welfare, the Planning Commission may make any order it deems appropriate under the circumstances, including the revocation or modification of permits or approvals previously issued or the referral of the matter to the City Attorney for the initiation of any criminal or civil proceeding that may be deemed appropriate. Any action taken by the Planning Commission shall set forth the following:
Agenda Item #9.1.
Part II: Administration and Procedures
October 2022 Public Review Draft | St. Helena Zoning Code | Part II, Page 65 The Municipal Code section, permits, or approvals violated; A statement describing the detrimental effect found upon public health, safety or welfare;
The ultimate facts upon which the determination or violation or detrimental effect is based;
The action(s) ordered to be taken; and
In the event the Planning Commission chooses to modify a permit or approval, the modifications including any new conditions to be imposed to ensure that violation or the detrimental effect will cease and will not be repeated.
Appeal. The acts and determination of the Planning Commission or designated hearing officer shall be appealable to the City Council pursuant to the terms of Chapter 17.12, Procedures for Appeals.
Responsibility. The property owner and responsible person shall be liable for all processing costs, including attorney fees, incurred by the City in carrying out this Section, pursuant to the procedures set forth in Chapter 17.04, Common Procedures.
17.13.060 Remedies
All remedies provided for herein shall be cumulative and not exclusive. In addition, the remedies set forth in Chapter 1.12, Enforcement Procedures are available.
Agenda Item #9.1.
Part II: Administration and Procedures
Part II, Page 66 | St. Helena Zoning Code | October 2022 Public Review Draft Reserved
Agenda Item #9.1.
Part III: District Regulations
October 2022 Public Review Draft | St. Helena Zoning Code | Part III, Page 1 Chapter 17.15 Establishment of Base Zoning Districts
17.15.010 Purpose
This Chapter establishes the zoning districts that are applied to property within the City. These zoning districts, or zones, ensure conformity with the General Plan and determine where, how, and under what conditions new or modified development is allowed. The application of zoning districts to private property is guided by and shall be consistent with the General Plan pursuant to Section 17.01.050, Relationship to the General Plan.
17.15.020 Establishment of Base Zoning Districts
The City shall be classified into districts or zones, the designation and regulation of which are set forth in this Title as follows:
Table 17.15.020.A: Base Zoning Districts
Abbreviation Name
LR Low Density Residential
MR Medium Density Residential
HR High Density Residential
CB Central Business
SC Service Commercial
MU Mixed-Use
BPO Business and Professional Office
I Industrial
A-20 Twenty-Acre Agriculture
W Winery
WW Woodlands and Watershed
PQP Public and Quasi-Public
PR Parks and Recreation
OS Open Space
Agenda Item #9.1.
Part III: District Regulations
Part III, Page 2 | St. Helena Zoning Code | October 2022 Public Review Draft Chapter 17.16 Residential Zoning Districts
17.16.010 Purpose and Applicability
This Chapter regulates the development of residential dwellings that are suitable to the character of St. Helena’s residential neighborhoods. This Chapter establishes use regulations, development standards, and design standards for the Low Density One Acre Minimum, Low Density Residential, Medium Density Residential, and High Density Residential Zoning Districts as follows:
Low Density Residential (LR). The LR Zone is intended to provide areas for single-unit dwellings and duplexes. Residential densities are from 1.0 to 5.0 units per gross acre. This Zone implements the Low-Density Residential General Plan Land Use Designation.
Medium Density Residential (MR). The MR Zone is intended to protect existing patterns of development for a range of residential development types, accessory dwelling units, and compatible uses in areas. Types of dwelling units include attached and detached single-unit dwellings, duplexes, and triplexes. Residential densities are from 5.1 to 16 dwelling units per acre. This Zone implements the Medium Density Residential General Plan Land Use Designation.
High Density Residential (HR). The HR Zone is intended to provide for multi-family residential units, group quarters and compatible uses. Residential densities are from 16.1 to 28 dwelling units per acre. This Zone implements the High Density Residential General Plan Land Use Designation.
17.16.020 Use Regulations
Table 17.16.020: Use Regulations – Residential Zoning Districts, lists the uses permitted, permitted with a Minor Use Permit granted by staff-level review, and permitted with a Conditional Use Permit granted at a public hearing. A Conditional Use Permit is also required for any business which consists of two or more permitted uses. The right-hand column provides references to other Sections of this Title where additional regulations are located.
Table 17.16.020: Use Regulations – Residential Zoning Districts Use Classification LR MR HR Additional Regulations
“P” = Permitted; “MUP” = Minor Use Permit; “CUP” = Conditional Use Permit; “―” = Use Not Allowed Residential Uses
Single-family dwelling P P ―
Multi-family dwelling ― P P
Single room occupancy ― ― P Sec. 17.22.210, Single Room Occupancy Units
New small lot development ― CUP CUP
Mobile home CUP CUP CUP
Sec. 17.22.160, Mobile Homes
and Sec. 17.21.020, Mobile
Home Park Overlay
Agenda Item #9.1.
Part III: District Regulations
October 2022 Public Review Draft | St. Helena Zoning Code | Part III, Page 3 Table 17.16.020: Use Regulations – Residential Zoning Districts Use Classification LR MR HR Additional Regulations
“P” = Permitted; “MUP” = Minor Use Permit; “CUP” = Conditional Use Permit; “―” = Use Not Allowed Commercial Uses
Lodging
Bed and Breakfast Inn CUP CUP ― Sec. 17.22.080, Bed and Breakfast Inns
Boarding house CUP CUP CUP
Short-term rental P P P Sec. 17.22.200, Short-term
Rentals
Model Home Sales Office MUP MUP MUP
Transportation, Communications and Utilities
Public services, major CUP CUP CUP
Public services, minor MUP MUP MUP
Solar energy system Sec. 17.22.240, Solar Energy Systems Telecommunication Facilities Sec. 17.22.270, Wireless Telecommunication Facilities Agricultural and Extractive
Community garden P P MUP Sec. 17.22.100, Community
Gardens
Public/Institutional Uses
Child day care facility
Seven or more persons CUP MUP MUP
Six or fewer persons P P P
Accessory Uses – See also Sec. 17.22.020, Accessory Uses Accessory dwelling unit Sec. 17.22.030, 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
Family day care, large P P P
Family day care, small P P P
Garage, carport, workshop,
pool house, gazebo, patio
cover, and other accessory
structure
P1 P1 P1 Sec. 17.24.020, Accessory
Buildings and Structures
Agenda Item #9.1.
Part III: District Regulations
Part III, Page 4 | St. Helena Zoning Code | October 2022 Public Review Draft Table 17.16.020: Use Regulations – Residential Zoning Districts Use Classification LR MR HR Additional Regulations
“P” = Permitted; “MUP” = Minor Use Permit; “CUP” = Conditional Use Permit; “―” = Use Not Allowed Home occupation P P P Sec. 17.22.130, Home
Occupations
Swimming pool P P P
Notes:
1 Indoor plumbing and indoor cooking facilities not permitted.
17.16.030 Development Standards
Table 17.16.030, Development Standards – Residential Zoning Districts establishes the development standards for the Residential Zoning Districts. The numbers in the figure below to corresponding regulations in the table.
Table 17.16.030: Development Standards – Residential Zoning Districts Standard LR MR HR Key
Density 1 to 5 du/ac3 5.1 to 16 du/ac 16.1-28 du/ac
Lot Size
Min. Lot Area 7,000 sq ft; 3,000 sq ft
for new small lot
development
6,000 sq ft; 3,000 sq ft
for new small lot
development
7,000 sq ft; 3,000 sq ft
for new small lot
development
Min. Lot Width 70 ft 45 ft; 32 ft for small lot
development
45 ft; 32 ft for small lot
development ❶
Max. Lot Coverage
(includes accessory
structures)
35%
Lot widths ≤45 ft: Max.
35%; Lot widths >45 ft:
Max. 40%
55%
Agenda Item #9.1.
Part III: District Regulations
October 2022 Public Review Draft | St. Helena Zoning Code | Part III, Page 5 Table 17.16.030: Development Standards – Residential Zoning Districts Standard LR MR HR Key
Max. Primary Building
Footprint (excludes
accessory structures)
Max. 2,400 sq ft for
lots ≤15,000 sq ft;
Max. 4,800 sq ft for
lots >15,000 sq ft;
1,400 sq ft for
detached small lot
development
1,800 sq ft for lot
widths ≤45 ft;
2,000 sq ft for lot
widths >45 ft;
1,400 sq ft for
detached small lot
development
None;
1,400 sq ft for
detached small lot
detached
❷
Max. Building Frontage 60% of lot width
Lot widths ≤45 ft: Max.
25 ft; Lot widths >45 ft:
Max. 36 ft
None ❸
Max. Building Height
Principal Structure 30 ft/2 stories 30 ft/2 stories 42 ft/3 stories; 30 ft/2 stories for small lot
development
Accessory Structure 16 ft 16 ft 16 ft
Setbacks
Min. Front Setback
20 ft for structures ≤25
ft; 30 ft for structures
>25 ft
20 ft; 12 feet for small
lot development
15 ft; 25 ft for 3rd floor
and above; 10 ft for
small lot development
❹
Min. Garage or
Carport Setback from
Building Façade
None 10 ft None ❺
Min. Street Side
Setback
20 ft for structures ≤25
ft; 30 ft for structures
>25 ft
15 ft for structures ≤25
ft; 20 ft for structures
>25 ft
15 ft ❻
Min. Interior Side
Setback, ground floor
10 ft for structures ≤25
ft; 15 ft for structures
>25 ft
5 ft; combined interior
side setbacks: 15 ft for
structures ≤25 ft; 20 ft
for structures >25 ft
10 ft ❼
Min. Interior Side
Setback, upper floors
10 ft for structures ≤25
ft; 15 ft for structures
>25 ft
10 ft when adjacent to
an LR or MR district 10 ft ❼
Min. Rear Setback
20 ft for structures ≤25
ft; 30 ft for structures
>25 ft
20 ft for structures ≤25
ft; 30 ft for structures
>25 ft
10 ft ❽
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. ❾
Landscaping and Open Space
Agenda Item #9.1.
Part III: District Regulations
Part III, Page 6 | St. Helena Zoning Code | October 2022 Public Review Draft Table 17.16.030: Development Standards – Residential Zoning Districts Standard LR MR HR Key
Private Open Space
for Multi-Family
Development
n/a Min. 120 sq ft/unit Min. 120 sq ft/unit
Min. Dimension for
Private Open Space n/a 6 ft 6 ft
Common Usable Open
Space for Multi-Family
Development
n/a
Lot widths ≤45 ft: Min.
150 sq ft/lot.
Lot widths >45 ft: Min.
200 sq ft/lot
Min. 150 sq ft/lot ❿
Min. Dimension for
Common Usable Open
Space
n/a 15 ft; 20 ft for small lot
development
15 ft; 20 ft for small lot
development ⓫
Max. Paved/
Hardscaped Area
25% of a front setback
area
30% of a front setback
area
30 % of a front setback
area
Min. Landscaped
Area2
35% of lot area; 25%
for small lot
development
Min. 25% of lot area. Min. 25% of lot area.
Required Buffer
Abutting Agricultural
Use
A landscaped buffer min. 15 ft width with street trees at 30 ft on center Notes:
1 Parcels created by lot line adjustments may be less than 1 acre provided the number of parcels does not increase and that no lots are less than 7,000 square feet. 2 Landscaped setbacks areas count toward this requirement. 3 Densities existing as of January 1, 2023, are permitted to remain.
17.16.040 Design Standards
The standards in this Section apply to all development within the residential zones. These design standards supplement the development standards of Table 17.16.030: Development Standards – Residential Zoning Districts.
A. Design Standards for All Residential Development Types.
1. General Standards. All development is subject to the provisions of Part IV, Citywide Standards.
2. Required Second Story Step-backs in the LR and MR districts. Second stories both in new construction and additions must be stepped back 10 feet from the ground floor front façade and five feet from the ground floor interior side and rear facades.
3. Building Orientation.
a. Buildings must be oriented toward public rights-of-way or internal walkways.
Agenda Item #9.1.
Part III: District Regulations
October 2022 Public Review Draft | St. Helena Zoning Code | Part III, Page 7 b. Window, balcony, and deck placement must be a minimum of 12 horizontal feet from window areas of existing facing residences (on-site or off-site).
4. Building Transparency. At least 20 percent of the area of each street-facing facade of a residential building must consist of windows, doors, or other openings. No wall that faces a sidewalk, pedestrian walkway, or publicly accessible outdoor space may run in a continuous plane of more than 10 feet without a window, door, or other opening. In the MR district, the front door of any primary single-family unit must be visible to the public street.
Figure 17.16.040.A: Façade Transparency
5. Roofline and Roof Design.
a. Roofs must be either flat or have a pitch of no less than 5:12. b. Ground floor street-facing plate height must not exceed 12 feet on the front one-third of the building.
c. Second story plate height must not exceed 20 feet.
Figure 17.16.040.B: First and Second Story Plate Height d. The minimum dimension (depth, length, or length at ridge) for any shingle roof form visible from the public right-of-way is six feet.
Max. 20’
Second Floor
Plate Height
Agenda Item #9.1.
Part III: District Regulations
Part III, Page 8 | St. Helena Zoning Code | October 2022 Public Review Draft
6. Exterior Building Materials and Colors.
a. Vinyl siding, aluminum siding, artificial stone finishes, plywood (including particle board and oriented strand board), corrugated metal, and common concrete block are prohibited.
b. Bright colors must only be used for trim or for accents. c. A consistent palette of materials and colors must be used on all sides of buildings.
7. Landscaping. The entire front and street side required setbacks, exclusive of permitted driveways or parking areas, must be landscaped. See Section 17.25, Landscaping.
8. Site Circulation and Access.
a. A system of pedestrian walkways must connect the primary entryways of all on-site buildings, all on-site automobile and bicycle parking areas, to any onsite open space areas or pedestrian amenities, to all shared trash enclosure areas, and to the public sidewalk on the perimeter street frontage. b. Where a required walkway crosses parking areas or loading areas, it must be clearly identifiable with a raised crosswalk, a different paving material, or similar method.
c. New streets or drive aisles must form a continuous pedestrian network from the primary right-of-way and within the development.
d. Walkways must be a minimum of four feet wide, must be hard-surfaced, and paved with concrete, stone, tile, brick, or comparable material. e. The minimum distance from the back of any drive aisle or walkway interior to a site must be 10 feet to the garage door and five feet to any living area or covered porch.
Figure 17.16.040.C: Distance to Interior Drive Aisle or Walkway f. Automobile and pedestrian access points into multi-family residential developments must not be gated or closed off to the public.
Agenda Item #9.1.
Part III: District Regulations
October 2022 Public Review Draft | St. Helena Zoning Code | Part III, Page 9 g. Where individual driveways are accessed by a private or shared drive, a maximum of one driveway curb cut is allowed for each 50 feet of perimeter street frontage.
9. Parking Frontage. The total width of parking areas visible from the street, including open parking, carports, and garages, but excluding parking located behind buildings, must not exceed 30 percent of any street frontage. This limitation does not apply to or rowhouses or frontages along alleys.
Figure 17.16.040.D: Parking Frontage
10. Private Outdoor Open Space. For multi-story dwelling units, private outdoor open space must be provided by a combination of balconies, porches, decks, or private ground floor open space (for ground floor units).
11. Required Play Areas. Single-family and multi-family developments that include 15 or more dwelling units must include at least one play area for children. The play area must:
a. Have a minimum dimension of 15 feet in any direction and a minimum area of 600 square feet.
b. Contain play equipment, including equipment designed for children aged five years and younger.
c. Be visible from multiple dwelling units within the project. d. Be protected from any adjacent streets or parking lots with a fence or other barrier at least four feet in height.
e. Include safe material under play equipment that provides protection from falls.
f. The play area requirement does not apply to any development that is agerestricted to senior citizens or located within 300 feet of a public park.
Agenda Item #9.1.
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Part III, Page 10 | St. Helena Zoning Code | October 2022 Public Review Draft Figure 17.16.040.E: Required Play Area
12. Sustainability and Energy Efficiency.
a. All development must be consistent with the standards of the California Green Building Standards Code (CalGreen) applicable mandatory measures. b. All new construction must incorporate landscaping and fenestration to passively cool the building; energy-efficient HVAC; and energy efficient lighting. c. All energy generation devices must blend in with the building color. d. All on-site landscaping must be drought-resistant and require minimal irrigation.
B. Design Standards Specific to Small Lot Development. In addition to the standards listed in subsection 17.16.040.A, small lot development is subject to the standards below.
1. Small Lot Size. Detached or attached single-unit residential development is permitted on lots less than the minimum lot size established for zoning districts allowing singlefamily or multi-family residential uses, in accordance with Table 17.16.030:
Development Standards – Residential Zoning Districts.
2. Small Lot Configurations. Small lot development types may include but are not limited to drive courts or cottage courts abutting a local roadway. Figures 17.16.040.F and
17.16.040.G and show potential configurations of small lot development within a perimeter lot line. Interior lot line placement varies by development and is not regulated by this Title.
Agenda Item #9.1.
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October 2022 Public Review Draft | St. Helena Zoning Code | Part III, Page 11 Figure 17.16.040.F: Cottage Court with Alley Access (Example Configuration) Figure 17.16.040.G: Cottage Court with Perimeter Drive Aisle and Detached or Attached Garages (Example Configuration)
3. Small Lot Perimeter Setbacks. The minimum setbacks for the primary structures from the perimeter property lines of small lot single unit development are the same as the required setbacks of the underlying zoning district.
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Part III, Page 12 | St. Helena Zoning Code | October 2022 Public Review Draft
4. Small Lot Entrances.
a. The primary entry of units located in the interior of the development must be oriented towards and visible from a pedestrian pathway that is connected to a public right-of-way or private street.
b. Each unit must have a primary covered or recessed entry that is generally oriented to the common central open space.
c. The primary entry of units located along the right-of-way must be oriented toward the right-of-way.
d. A minimum 12-foot separation is required between the primary entryway of a unit and the adjacent building wall of a neighboring unit. e. Each primary entrance must incorporate a front porch that provides a minimum five-foot clear depth and that faces either the common open space or abutting right-of-way.
Figure 17.16.040.H: Small Lot Entrance Orientation Adjacent to Right-of-Way
5. Small Lot Interior Setbacks for Detached Units. The interior building separation for detached units is a minimum 10 feet.
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October 2022 Public Review Draft | St. Helena Zoning Code | Part III, Page 13 Figure 17.16.040.I: Small Lot Building Separation for Detached Units
6. Small Lot Parking and Access.
a. Garages may not be oriented to face perimeter streets. b. Required parking must be provided on each small lot, within a common parking area, or in a combination of the two.
c. Parking must be designed and located such that it is not be visible from public rights-of-way.
7. Small Lot Landscaping.
a. A minimum 25 percent of the total site area must be landscaped. b. Lots with units facing a common open space must have at least five feet of landscaping between the entrance and any interior walkway.
8. Small Lot Private Open Space.
a. Minimum of 200 square feet ground-level private open space must be provided for each small lot unit. This space may take the form of a porch, deck, patio, or garden.
b. The minimum allowed dimensions for required private open space is six feet.
Agenda Item #9.1.
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Part III, Page 14 | St. Helena Zoning Code | October 2022 Public Review Draft C. Design Standards Specific to Multi-Family Development. In addition to the standards listed in subsection 17.16.040.A, multi-family development is subject to the standards below.
1. Design.
a. The roof line at each elevation shall demonstrate an offset of at least 18 inches for each one to three units exposed on that elevation.
Figure 17.16.040.J: Roofline, Attached Single Unit and Multi-Unit Development b. Building height must vary such that the building has at least one change in height of at least six feet. This may be achieved through changes in pitch, plane, orientation, or a change in the number of stories. c. Exterior building walls must vary in depth through a pattern of offsets, recesses, or projections a minimum of two feet every 25 horizontal feet.
Patterns may be established through changes in plane, balconies, bay windows, dormers, or other façade features.
Figure 17.16.040.K: Façade Articulation
d. All visible building facades shall incorporate details, such as window and door trim, window recesses, cornices, changes in materials, or other design elements. Each side of a building that is visible from a public right-of-way shall be designed with a complementary level of detailing and quality of materials. e. A minimum of two features such as balconies, cantilevers, dormers, bay windows, patios, individualized entries, and accent materials shall be incorporated into each project building.
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October 2022 Public Review Draft | St. Helena Zoning Code | Part III, Page 15 f. At least two materials shall be used on any building frontage, in addition to glazing and railings. Any one material must comprise at least 20 percent of the building frontage.
g. Buildings over two stories must provide a ground floor elevation that is distinguished from the upper stories through a material change along at least 75 percent of building façades facing rights-of-way or public open space. h. Dwelling units facing common open space areas must include a minimum of two windows providing a direct view onto the common area. i. A unified palette of materials with at least two complementary colors shall be used on all sides of buildings.
j. Where a new multifamily development is built adjacent to existing lowerscaled residential development, the façade opposite the existing lower-scaled residential development shall incorporate at least one full-height recess a minimum two feet in depth.
Figure 17.16.040.L: Full-Height recesses, Attached Single Unit and Multi-Unit Development k. Windows, balconies, and other private open spaces shall be offset to avoid direct sightlines into and from neighboring properties.
Agenda Item #9.1.
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Part III, Page 16 | St. Helena Zoning Code | October 2022 Public Review Draft Figure 17.16.040.M: Window and Balcony Placement, Attached Single Unit and Multi-Unit Development
l. Each unit shall have at least 200 cubic feet of enclosed, weather-proofed, and lockable private storage space with a minimum horizontal dimension of four feet. The required private storage space may be used for bicycle parking. m. Affordable units and market rate units in the same development shall be constructed of the same or similar exterior materials and details such that the units are not distinguishable.
2. Attached Rowhouse Design.
a. Attached rowhouse development may be configured with vehicular access provided via an on-site drive aisle, from an abutting alley, or from the primary building frontage.
b. Blocks of attached rowhouses must be a minimum of three units and a maximum of eight units.
c. For attached rowhouse units, a minimum separation of 12 feet must be provided between blocks of units.
Agenda Item #9.1.
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October 2022 Public Review Draft | St. Helena Zoning Code | Part III, Page 17 Figure 17.16.040.N: Separation at End of Row
3. Entry Design.
a. Shared entrances to multi-family developments must be visible from the rightof-way. Direct pedestrian access must be provided between the public sidewalk and all shared entrances.
b. Individual ground floor entrances to units within a multi-family development must:
i. Be visible and directly accessible form the right-of-way or a shared pathway; and
ii. Incorporate usable outdoors areas such as patios, porches, stoops, terraces, or forecourts.
c. Exterior entrances to units in multi-family developments may be either individual or shared. Exterior entrances to individual units on upper floors are permitted; however, shared exterior access corridors located above the ground floor and visible from the street may provide access to a maximum of three units.
d. Duplexes, triplexes, and fourplexes abutting single-family neighborhoods shall include individual front doors and interior stairs (when stairs are needed). e. Exterior entrances serving multiple units must have a roofed projection or recess with a minimum depth of five feet and a minimum horizontal area of 60 square feet.
Agenda Item #9.1.
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Part III, Page 18 | St. Helena Zoning Code | October 2022 Public Review Draft Figure 17.16.040.O: Entrances Serving Multiple Units
f. Exterior entrances serving a single unit must have a roofed projection or recess with a minimum depth of at least five feet and a minimum horizontal area of at least 25 feet.
4. Common Outdoor Recreation Space. Common open space must meet the following requirements:
a. Use. Common outdoor recreation space must be available for passive and active outdoor recreational purposes for the enjoyment of all residents of each project. Outdoor recreation space types include but is not limited to picnic areas, tot lots, sports courts, swimming pools, and community gardens. b. Slope. The slope of the common outdoor recreational space must not exceed a slope of 10 percent and must be easily accessible for all residents. c. Accessibility. Common outdoor recreation spaces must be visible from primary living spaces of all units and be accessible and be to all residents of the project for which the space is provided.
d. Precluded Areas. Common outdoor recreation space must not include driveways, public or private streets, or utility easements where the ground surface may not be appropriate for recreational space.
5. Parking.
a. Location for All Multi-Family Residential. Off-street parking serving multi-family residential development must be located in one of the following facilities:
i. Surface parking lots, garages, or carports located to the side or rear of residential buildings in relation to adjacent streets. If a site fronts on two or more streets, this standard applies to the front of the lot. ii. Garages with side entries, in which the face of the garage door is generally perpendicular to the street.
iii. Attached individually secured garages.
b. Rowhouse Garages Frontage. Rowhouse garages with doors that face the street must be recessed from the primary façade and may not occupy more than 50 percent of the width of any street-facing building façade.
Agenda Item #9.1.
Part III: District Regulations
October 2022 Public Review Draft | St. Helena Zoning Code | Part III, Page 19 Figure 17.16.040.P: Rowhouses Garages
6. Universal Design. For residential projects with at least 10 dwelling units, 10 percent of the units must adhere to the following principles of Universal Design:
a. At least one entrance without steps and a flat threshold. b. Living space on one floor or stair landings big enough to accept lifts. c. Wide interior doors (32-inch clear, typically provided with 36-inch door), hallways, and alcoves with 60 by 60-inch turning space at doors, in kitchens, and dead ends.
d. A 30 by 48-inch clear space at appliances and fixtures in bathrooms and kitchens.
Agenda Item #9.1.
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Part III, Page 20 | St. Helena Zoning Code | October 2022 Public Review Draft Chapter 17.17 Commercial and Mixed-Use Districts
17.17.010 Purpose and Applicability
This Chapter enables commercial and mixed-use development that is suitable to the character of St.
Helena and that supports the daily needs of residents. The commercial and mixed-use districts, which are located generally along the SR29 corridor, serve tourists, City residents, and residents of the unincorporated agricultural areas who have traditionally traveled to St. Helena to shop for goods and services. In the downtown, the zoning districts support higher-density, mixed-use development that expand housing options while supporting retail and commercial services. Included in this Chapter are use regulations, development standards, and design standards for the following commercial and mixed-use districts:
Central Business (CB). The CB Zone is intended to provide for retail, personal service uses, offices, restaurants, hotels/motels, service stations, public and quasi-public uses, and similar and compatible uses that serve local residents’ day-to-day needs, as well as the needs of the surrounding area and tourists. Emphasis is on pedestrian-oriented retail and service uses on the ground floor level, with office and residential uses on the upper levels. This Zone implements the Central Business General Plan Land Use Designation.
Service Commercial (SC). The SC Zone is intended to provide for service and retail uses, restaurants, service stations, hotels, motels, public and quasi-public uses and similar and compatible uses. The designation is intended primarily for service and retail uses that are automobile-oriented or whose operational characteristics and space needs are not considered appropriate for the Central Business District. The intent is for the SC Zone to be primarily local resident-serving in character. Strictly touristserving retail uses are prohibited within this designation. This Zone implements the Service Commercial General Plan Land Use Designation.
Mixed-Use (MU). The MU Zone is intended to provide areas for a mix of medium- and high-density residential unit types and commercial retail, office, restaurant, and open space uses. The Zone supports both vertical and horizontal residential mixed-use development. Residential densities are from 12 to 20 dwelling units per acre and non-commercial FAR is between 0.8 and 1.0, inclusive of residential uses. This Zone implements the Mixed-Use General Plan Land Use Designation.
17.17.020 Use Regulations
Table 17.17.020, Use Regulations – Commercial and Mixed-Use Zoning Districts, lists the uses permitted, permitted with a Minor Use Permit granted by 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 17.17.020: Use Regulations – Commercial and Mixed-Use Zoning Districts Use Classification CB SC MU Additional Regulations
“P” = Permitted; “MUP” = Minor Use Permit; “CUP” = Conditional Use Permit; “―” = Use Not Allowed Residential Uses
Live/work CUP ― MUP Sec. 17.22.140, Live/Work Units
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October 2022 Public Review Draft | St. Helena Zoning Code | Part III, Page 21 Table 17.17.020: Use Regulations – Commercial and Mixed-Use Zoning Districts Use Classification CB SC MU Additional Regulations
“P” = Permitted; “MUP” = Minor Use Permit; “CUP” = Conditional Use Permit; “―” = Use Not Allowed Multi-family dwelling CUP1 ― CUP2, 13
Single room occupancy CUP1 ― P2 Sec. 17.22.210, Single Room Occupancy Units
Commercial Uses
Adult entertainment ― CUP ― Sec. 17.22.040, Adult-Oriented Businesses
Agricultural supply sales ― P ―
Animal boarding facility/kennel ― CUP ―
Automobile/Vehicle sales and services
Auto rental ― CUP CUP
Auto sales ― CUP ―
Auto service and repair ― CUP ―
Car wash ― CUP ―
Service station CUP CUP ― Sec. 17.22.190, Service Stations Banks and financial institution P3 P P
Business services
Cleaning and janitorial
services ― P P
Equipment rental and leasing ― CUP CUP
General business service P P P
Printing and copy service P P P
Security service ― P P
Cinema/Theater CUP CUP CUP
Eating and drinking establishments
Bar4 CUP CUP CUP Sec. 17.22.050, Alcoholic
Beverage Sales
Brewpub P P P Sec. 17.22.050, Alcoholic
Beverage Sales
Micro-brewery CUP CUP CUP Sec. 17.22.050, Alcoholic
Beverage Sales
Mobile food vendor CUP CUP CUP Sec. 17.22.150, Mobile Food Vendor
Restaurant, full service4, 12 MUP MUP MUP Sec. 17.22.050, Alcoholic Beverage Sales
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Part III, Page 22 | St. Helena Zoning Code | October 2022 Public Review Draft Table 17.17.020: Use Regulations – Commercial and Mixed-Use Zoning Districts Use Classification CB SC MU Additional Regulations
“P” = Permitted; “MUP” = Minor Use Permit; “CUP” = Conditional Use Permit; “―” = Use Not Allowed Restaurant, limited counter
service P P P
Food and beverage sales
Farmers’ market MUP MUP MUP
Fruit and vegetable market P P P
Grocery store MUP5 MUP6 MUP6
Liquor store CUP CUP CUP
Public market CUP CUP CUP
Winery tasting room CUP CUP CUP Sec. 17.22.050, Alcoholic Beverage Sales
Wine shop MUP MUP MUP
Food preparation ― P CUP
Formula business CUP11 P CUP11 Sec. 17.22.120, Formula
Businesses
Funeral home and mortuary ― MUP MUP
Health club and fitness center ― MUP MUP
Indoor recreation CUP CUP CUP
Lodging
Bed and breakfast MUP ― MUP Sec. 17.22.080, Bed and
Breakfast Inns
Boarding house ― ― CUP3
Hotel CUP7 CUP CUP
Short-term rental ― ― P Sec. 17.22.200, Short Term
Rentals
Time share CUP CUP ―
Maker’s space
Candle-making P P P
Ceramics/pottery MUP MUP MUP
Glass blowing MUP MUP MUP
Jewelry P P P
Multi-media P P P
Model Home Sales Office ― ― MUP
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October 2022 Public Review Draft | St. Helena Zoning Code | Part III, Page 23 Table 17.17.020: Use Regulations – Commercial and Mixed-Use Zoning Districts Use Classification CB SC MU Additional Regulations
“P” = Permitted; “MUP” = Minor Use Permit; “CUP” = Conditional Use Permit; “―” = Use Not Allowed Offices
Business, professional, and
technology P2 P P
Medical and dental P2 P P
Walk-in clientele P3 P P
Winery offices (off-site) ― P/CUP8 P/CUP8
Personal services
Hair salon/nail salon/spa P3 P P
Dry cleaners, drop-off and
pick-up
P3 P P
Laundromat, self-service ― P P
Massage establishment MUP2 MUP MUP
Tanning salon ― P2 P2
Tattoo and piercing CUP ― P
Retail
Art gallery CUP CUP CUP
Building materials and supply ― P ―
Firearm sales ― MUP ―
Furniture store P P P
General retail and
merchandise P P P
Health care equipment ― P P
Nursery, lawn, and garden
supply store ― CUP CUP
Saddle and equestrian store
and repair ― P P
Tobacco/smoke shop CUP CUP CUP
Used merchandise store ― P ―
Reupholstery and furniture
repair ― P P
Veterinary clinic ― P9 ―
Industrial Uses
Contractor’s yard ― CUP ―
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Part III, Page 24 | St. Helena Zoning Code | October 2022 Public Review Draft Table 17.17.020: Use Regulations – Commercial and Mixed-Use Zoning Districts Use Classification CB SC MU Additional Regulations
“P” = Permitted; “MUP” = Minor Use Permit; “CUP” = Conditional Use Permit; “―” = Use Not Allowed Contractor’s shop ― P ―
Custom and artisan
manufacturing ― MUP MUP
Food and beverage
manufacturing/brewery CUP CUP CUP
Transportation, Communications, and Utilities
Communication facilities
Audio/video recording studio ― P P
Telecommunication facility Sec. 17.22.270, Wireless Telecommunication Facilities Emergency services ― CUP ―
Public services, major CUP CUP
Public services, minor ― MUP MUP
Solar energy system Sec. 17.22.240, Solar Energy Systems Transit station and terminal CUP CUP CUP
Agricultural and Extractive Uses
Community garden ― MUP MUP Sec. 17.22.100, Community
Gardens
Winery, large ― CUP ―
Public/Institutional Uses
Amphitheater CUP CUP CUP
Colleges and trade schools ― MUP MUP
Community assembly MUP MUP MUP
Church ― P ―
Cultural institution and museum CUP MUP MUP
Day care facility
Seven or more persons ― P MUP
Six or fewer persons ― P P
Government office P P P
Instructional services CUP P P
Low barrier navigation center p ― P
Parking facilities CUP3 CUP CUP
Senior center P3 P ―
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October 2022 Public Review Draft | St. Helena Zoning Code | Part III, Page 25 Accessory Uses – See also Sec. 17.22.020, Accessory Uses Accessory dwelling unit Sec. 17.22.040, Accessory Dwelling Units Catering P P P
Cottage food operations P P P Sec. 17.22.110, Cottage Food Operations
Family day care, large ― ― MUP
Family day care, small ― ― P
Music/entertainment, live or
amplified P/CUP10 P P/CUP10
On-site storage facilities ― CUP ―
Outdoor dining MUP MUP MUP Sec. 17.22.170, Outdoor Dining and Seating
Outdoor display and sales Sec. 17.22.180, Outdoor Display and Sales Small recycling facility ― MUP MUP Sec. 17.22.220, Small Recycling Center
Notes:
1 Permitted on upper floors only.
2 Permitted on upper floors only for properties fronting onto Main Street. 3 Not permitted on Main Street.
4 The following are not permitted:
• Establishments serving customers within their vehicles on the premises or preparing beverages or food intended for consumption within their vehicles on the premises. • Establishments primarily preparing beverages or food for consumption off the premise. • Music or entertainment which is not accessory to the approved use and/or audible beyond the confines of the building in which such music or entertainment is being performed. • Drive-in or walk-up window for take-out service.
5 Seating is not permitted.
6 Limited to 10,000 gross square feet.
7 Rental of rooms limited to upper floors only for properties fronting onto Main Street. 8 A CUP is required for nonpublic wine tasting, offered to wine distributors and wine merchants only. 9 Overnight boarding of animals is not permitted.
10 A CUP is required for live or amplified music/entertainment outdoors. 11 A maximum of four formula retail businesses are permitted in any one zoning district. 12 Formula and take-out restaurant establishments are not permitted. 13 Must be part of a mixed-use development.
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Part III, Page 26 | St. Helena Zoning Code | October 2022 Public Review Draft
17.17.030 Development Standards
Table 17.17.030, Development Standards – Commercial and Mixed-Use Zoning Districts, establishes the development standards for the Commercial Business, Service Commercial and MixedUse Zoning Districts. The numbers in each illustration refer to corresponding regulations in the table.
Table 17.17.030: Development Standards– Commercial and Mixed-Use Zoning Districts Standard CB SC MU Key
Density/Intensity
Density n/a n/a up to 20 du/ac
FAR Max. 2.0 (inclusive of
residential uses) Max. 0.50 Max. 1.0 (inclusive of residential uses) Lot Size
Min. Lot Area 5,000 sq ft 10,000 sq ft 5,000 sq ft
Min. Lot Width None None 45 ft ❶
Floor Area for Individual
Buildings Max. 10,000 sq ft Max. 15,000 sq ft Max. 15,000 sq ft Floor Area per Use Min. 200 sq ft;
Max. 10,000 sq ft
Min. 200 sq ft;
Max. 10,000 sq ft None
Building Frontage
Main Street: 100%
between Spring Street
and Adams Street
alignment; 85%
Min. 60% of lot width Min. 50% of lot width ❷
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October 2022 Public Review Draft | St. Helena Zoning Code | Part III, Page 27 Table 17.17.030: Development Standards– Commercial and Mixed-Use Zoning Districts Standard CB SC MU Key
elsewhere on Main
Street;
All other streets: 60%
Max. Height
Principal Structure 35 ft; 30 ft within 25
feet of a residential
district and facing Oak
Street
35 ft Pitched roof: 45 ft/3
stories; 30 ft/2 stories
within 20 feet of a
residential district.
Flat roof: 40 ft/3
stories; 26 ft/2 stories
within 20 feet of a
residential district
Accessory Structure 16 ft 16 ft 16 ft
Ground Floor Finished
Floor Elevation
Max. 2 ft above
adjacent right-of-way
Max. 2 ft above
adjacent right-of-way
Nonresidential: Max. 2
ft above adjacent
right-of-way;
Residential: Min. 2.5 ft
above adjacent rightof-way.
Ground Floor Ceiling
Height
Min. 12 ft Min. 12 ft Nonresidential: Min.
12 ft; Residential: Min.
10 ft.
Setbacks
Front Setback
Main Street: Max. 5 ft,
Max 8 ft where active
frontage is provided
Oak Street: Max. 8 ft
Min. 25 ft
Nonresidential: Max.
10 ft;
Residential: No
setback allowed north
of Mitchell Dr.; 5-15 ft
everywhere else
❸
Min. Street Side
Setback 0 ft 25 ft1 0 ft ❹
Min. Interior Side
Setback
0 ft; 10 ft abutting a
residential district 10 ft per floor1 0 ft; 10 ft. abutting a residential district ❺ Min. Rear Setback 0 ft; 10 ft. abutting a
residential district
15 ft; yards abutting a
residential property
must have a minimum
of 20 feet.1
0 ft; 10 ft. abutting a
residential district ❻
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. ❼
Landscaping and Open Space
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Part III, Page 28 | St. Helena Zoning Code | October 2022 Public Review Draft Table 17.17.030: Development Standards– Commercial and Mixed-Use Zoning Districts Standard CB SC MU Key
Private Open Space for
Multi-Family
Development2
Min. 80 sq ft per unit n/a Min. 120 sq ft per unit
Min. Dimension for
Private Open Space 6 ft n/a 6 ft ❽
Common Usable Open
Space for Multi-Family
Development2
Min. 150 sq ft per lot n/a Min. 150 sq ft per lot.
Min. Dimension for
Common Usable Open
Space
8 ft n/a 15 ft ❾
Paved/Hardscaped
Area n/a n/a Max. 30% of front setback area
Landscaped Area3 Min 5% of lot area Min. 15% of lot area Min. 10% of lot area Required Buffer
Abutting Agricultural
Use
A landscaped buffer min. 15 ft width with min. 15-gallon street trees at 30 ft on center
Notes:
1 Properties within the Highway 29 Specific Plan must comply with any additional required interior side and rear setbacks established in the Highway 29 Specific Plan EIR. 2 May not include pedestrian access, required landscaped areas, on-site parking or driveway areas, and may not have a slope greater than 10 percent.
3 Landscaped setbacks areas count toward this requirement.
17.17.040 Design Standards
The design standards in this Section apply to all development within the commercial and mixed-use zones. These design standards supplement the development standards of Table 17.17.030:
Development Standards – Commercial and Mixed-Use Zoning Districts.
A. General Standards. All development is subject to the provisions of Part IV, Citywide Standards.
B. Highway 29 Specific Plan Applicability. Properties within the Highway 29 Specific Plan area shall meet the requirements of the Highway 29 Specific Plan as well as the design standards of this Section 17.17.040.
C. Residential Development in the Mixed-Use Zoning District. 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, as well as those of this Section 17.17.040.
D. Building Orientation.
1. Buildings must be oriented toward public rights-of-way or internal walkways.
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October 2022 Public Review Draft | St. Helena Zoning Code | Part III, Page 29
2. Building design must prevent direct visual access into adjacent residential properties.
Where a new or existing primary interior residential space has an uninterrupted line of sight to windows of a primary interior space at the same floor level within 20 horizontal feet, the glazing of the new windows shall be offset horizontally from the existing glazing by a minimum of 24 inches.
E. Building Articulation. Any building over 125 feet in width shall be broken down to read as a series of buildings no wider than 75 feet each.
17.17.040.A: Building Articulation
F. Building Facades Visible from a Public Street.
1. Horizontal articulation must include a differentiated base, a roof cornice line or parapet, and an eave, awning, overhang, transom feature, belt course, or other architectural element that frames the middle section of the building.
2. Buildings or portions of buildings over two stories must include articulation for the top story of the building. This may be accomplished through a change in color, change in material, a cornice/belt course at the bottom of the uppermost floor, change in roof pitch, such as a gable, or an upper-story step-back.
Figure 17.17.040.B: Building Façade Visible from Public Street Agenda Item #9.1.
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Part III, Page 30 | St. Helena Zoning Code | October 2022 Public Review Draft
3. Awnings must be of a durable, commercial grade fabric, canvas or similar material having a matte finish.
4. Canopies must be constructed of wood or other natural materials in keeping with materials used historically in the City.
G. Upper-Story Window Design.
1. Upper-story windows must have a height equal to or greater than their width.
2. Trim at least one-half inch in depth must be provided around all windows, or windows must be recessed at least ¾ inches from the plane of the surrounding exterior wall.
Foam is not a permitted trim material.
Figure 17.17.040.C: Upper-Story Window Design
H. Exterior Building Materials and Colors.
1. Vinyl siding, aluminum siding, artificial stone finishes, plywood (including particle board and oriented strand board), and common concrete block are prohibited.
2. Bright colors may only be used as trim or for accents.
3. A unified palette of materials and colors must be used on all sides of buildings.
4. A palette of contrasting colors is required along Main Street within the CB and MU Districts.
I. Universal Design. For residential projects with at least 10 dwelling units, 10 percent of the units must adhere to the following principles of Universal Design:
1. At least one entrance without steps and a flat threshold;
2. Living space on one floor or stair landings big enough to accept lifts; and
3. Wide interior doors (32-inch clear, typically provided with 36-inch door), hallways, and alcoves with 60 by 60-inch turning space at doors, in kitchens, and dead ends.
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October 2022 Public Review Draft | St. Helena Zoning Code | Part III, Page 31
4. A 30 by 48-inch clear space at appliances and fixtures in bathrooms and kitchens.
J. Front and Street Side Setback Improvements. Where front or street side setbacks are required, these areas must be improved with planters, paving, low walls, climbing vines, outdoor dining/seating areas, or other features that:
1. Visually distinguish parking areas from pedestrian areas;
2. Emphasize the building entrance and any on-site open space; and
3. Frame required building transparency.
K. Refuse and Recycling Area Enclosures.
1. Container Materials. Containers used for the collection and storage of refuse and recyclable materials shall 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 shall be of a capacity sufficient to accommodate materials collected between collection schedules.
2. 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 of such materials as to be opaque and of sufficient size to permit the storage, removal, and replacement of standard commercial size refuse containers. 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.
3. Drainage. The floor of the enclosure shall have a drain that connects to the sanitary sewer system.
L. Design Standards in the CB and MU Districts Only.
1. Building Transparency/Required Openings on Main Street in the CB and MU Districts.
Exterior walls facing and within 40 feet of a street facing lot line or pedestrian walkway must include windows, doors, or other openings for at least 70 percent of the building wall area located between two and seven feet above the level of the sidewalk or walkway. These walls may run in a continuous plane for no more than 10 feet without transparency or an opening.
Figure 17.17.040.D: Façade Transparency on Main Street in the CB and MU District
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Part III: District Regulations
Part III, Page 32 | St. Helena Zoning Code | October 2022 Public Review Draft a. Design of Openings. Openings fulfilling this requirement must have transparent glazing and provide views into work areas, display areas, sales areas, lobbies, or similar active spaces, or into window displays that are at least three feet deep.
b. Exceptions for Parking Garages. Multi-level garages are not required to meet the ground-floor transparency requirement.
c. Reductions. The building transparency requirement may be reduced or waived upon finding that:
i. The proposed use has unique operational characteristics with which providing the required windows and openings is incompatible; and ii. Street-facing building walls will exhibit architectural relief and detail and will be enhanced with landscaping in such a way as to create visual interest at the pedestrian level.
2. Buildings with Main Street Frontage in the CB and MU Districts. a. Buildings must be oriented to face Main Street with the primary entrance on Main Street.
b. Building entrances must be either covered or recessed a minimum of four feet from the building façade.
c. Buildings on corner parcels must be placed at the intersection of the front and side setback lines for a minimum of 30 feet along both setback lines.
Figure 17.17.040.E: Buildings with Main Street Frontage
3. Off-Street Parking in the MU District.
a. Off-street parking spaces may not be accessed from the front of the lot.
Agenda Item #9.1.
Part III: District Regulations
October 2022 Public Review Draft | St. Helena Zoning Code | Part III, Page 33 b. Off-street parking spaces may not be located within 40 feet of a street-facing property line. Exceptions may be granted through Design Review upon finding that:
i. The design incorporates habitable space built close to the street frontage to the maximum extent feasible;
ii. The site is small and constrained such that underground parking or surface parking located more than 40 feet from the street frontage is not feasible; and
iii. A screen wall designed to match the building materials of the primary building or a row of landscaping screens any off-street parking located within 40 feet of the street frontage.
M. Design Standards in the SC District Only.
1. Frontages.
a. Building design must emphasize active frontages and establish a connection to the right-of-way street.
b. Frontages must feature at least one entry.
c. 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.
d. The width of the recessed entry must be appropriate relative to the size of the building, with the maximum ratio of building height to entry recess 2.5:1 (height less than 2.5 x width).
2. Building Transparency/Required Openings. Exterior walls facing and within 40 feet of a street facing lot line or pedestrian walkway must include windows, doors, or other openings for at least 40 percent of the building wall area located between two and seven feet above the level of the sidewalk or walkway. These walls may run in a continuous plane for no more than 15 feet without transparency or an opening.
Figure 17.17.040.F: Building Transparency for SC District a. Design of Openings. Openings fulfilling this requirement must have transparent glazing and provide views into work areas, display areas, sales areas, lobbies, or similar active spaces.
Agenda Item #9.1.
Part III: District Regulations
Part III, Page 34 | St. Helena Zoning Code | October 2022 Public Review Draft b. Reductions. The building transparency requirement may be reduced or waived upon finding that:
i. The proposed use has unique operational characteristics with which providing the required windows and openings is incompatible; and ii. Street-facing building walls will exhibit architectural relief and detail and will be enhanced with landscaping in such a way as to create visual interest at the pedestrian level.
3. Off-Street Parking Areas in the SC District.
a. Off-street parking spaces may not be located within 10 feet of a street-facing property line. For properties within the Highway 29 Specific Plan area, please refer to that Plan for location and design of proposed parking areas. b. Curb cuts are limited to one per 80 linear feet of any one street-facing frontage.
Agenda Item #9.1.
Part III: District Regulations
October 2022 Public Review Draft | St. Helena Zoning Code | Part III, Page 35 Chapter 17.18 Business and Industrial Districts
17.18.010 Purpose and Applicability
This Chapter encourages business and industrial uses by providing areas exclusively for development subject to regulations necessary to ensure the protection of adjoining uses. This Chapter establishes use regulations, development standards, and design standards for the Business and Professional Office and Industrial Zoning Districts as follows:
Business and Professional Office (BPO). The BPO Zone is intended to provide for professional and administrative offices, medical and dental offices, research and development uses, financial institutions, public and quasi-public uses and similar and compatible uses. Residential uses in this designation can be considered for upper floor areas. This Zone implements the Office General Plan Land Use Designation.
Industrial (I). The I Zone is intended to provide for industrial parks, warehouses, light manufacturing, auto and farm-related equipment sales and repairs, viticulture, and winery support services and similar and compatible uses. This Zone implements the Industrial General Plan Land Use Designation.
17.18.020 Use Regulations
Table 17.18.020, Use Regulations – Business and Industrial Zoning Districts lists the uses permitted, permitted with a Minor Use Permit granted by 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 17.18.020: 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 Residential Uses
Live/Work MUP CUP Sec. 17.22.140, Live/Work Units
Multi-family dwellings P1 ―
Single room occupancy MUP1 ― Sec. 17.22.210, Single Room Occupancy Units
Commercial Uses
Agricultural supply sales ― P
Animal care and service
Animal boarding facility/kennel ― CUP
Veterinary clinic ― P
Automobile/Vehicle sales and services
Farm/Agricultural equipment sales,
service, and rental ― P
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Part III: District Regulations
Part III, Page 36 | 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 Towing and impound yard ― CUP
Banks and financial institutions P ―
Business services
Equipment rental and leasing ― P
General business services P P
Printing and copy services P P
Security services ― P
Eating and Drinking Establishments
Brewpub ― CUP See Sec. 17.22.050, Alcoholic
Beverage Sales
Maker’s space
Candle-making MUP P
Ceramics/pottery MUP P
Glass blowing MUP P
Jewelry P P
Multi-media MUP P
Mobile food vendor CUP CUP Sec. 17.22.160, Mobile Food
Vendors
Food preparation ― P
Funeral homes and mortuaries ― P
Health clubs and fitness centers MUP P
Heavy equipment repair ― P
Indoor recreation ― CUP
Offices
Business, professional, and
technology P ―
Medical and dental P ―
Walk-in clientele P ―
Wholesale offices P2 ―
Winery offices (off-site) P/CUP3 ―
Agenda Item #9.1.