St. Helena City Council
October 24, 2023

Part III: District Regulations
August 2023 Public Hearing Draft | St. Helena Zoning Code | Part III, Page 143 iii. Ensure new landscaping is installed and existing landscaping is maintained, preserved and protected, as indicated on the plans; and iv. Require the property owners to defend, indemnify, and hold harmless the City.
b. The agreement shall be signed and notarized and submitted to the Community Development Department when located on private property. The agreement shall run with the property to ensure that future property owner(s) are aware of the requirement for ongoing maintenance of the existing and approved landscaping.

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

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

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

Agenda Item #10.6.

Part III: District Regulations
Part III, Page 144 | St. Helena Zoning Code | August 2023 Public Hearing Draft e. A single pole (monopole) sunk into the ground and/or attached to a foundation. Any new monopole shall be constructed to allow for collocation of at least one other similar communications provider.

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

4. Design and Screening. All telecommunication facility structures and equipment shall be located, designed and screened to blend with the existing natural or built surroundings, as well as any existing support structures, so as to reduce visual impacts. a. Minimum Functional Height. All free-standing wireless telecommunications facilities shall be designed to be the minimum functional height and width required to support the proposed antenna installation, unless it can be demonstrated that a higher facility will facilitate collocation. b. Stealth Design. State of the art stealth design technology shall be utilized as appropriate to the site and type of facility. Telecommunication facilities that are mounted on buildings or structures shall be designed to match existing architectural features, incorporated in building design elements, camouflaged, or otherwise screened to achieve a stealth design in a manner that is Agenda Item #10.6.

Part III: District Regulations
August 2023 Public Hearing Draft | St. Helena Zoning Code | Part III, Page 145 compatible with the architectural design of the building or structure. All finishes shall be non-reflective.
c. Equipment Cabinets. Equipment cabinets shall be located within the building upon which antennas are placed, if technically feasible. Otherwise, equipment cabinets and buildings, and associated equipment such as air conditioning units and emergency generators, shall be screened from view by a wall or landscaping, as approved by the City. Any wall shall be architecturally compatible with the building or immediate surrounding area. d. Vegetation Protection and Facility Screening. All telecommunication facilities shall be installed in such a manner so as to maintain and enhance existing native vegetation and to install suitable landscaping to screen the facility where necessary. To this end the following measures shall be implemented:
i. Existing trees and other vegetation in the vicinity of the facility and along the access roads and power/telecommunication line routes involved shall be protected from damage, both during the construction period and thereafter.
ii. Where mature trees exist near the construction site, a tree protection plan shall be submitted with building permit or improvement plan submittal. This plan shall be prepared by a certified arborist and give specific measures to protect trees during project construction. iii. No actions shall be taken subsequent to project completion with respect to the vegetation present that would increase the visibility of the facility itself or the access road and power/telecommunication lines serving it.
e. Lighting. Artificial lighting of a telecommunication facility, including its components, is prohibited, unless required by the Federal Aviation Administration. A motion-sensor light may be used for security purposes if the beam is directed downwards, shielded from adjacent properties, and kept off except when personnel are present at night.
f. Advertising. No advertising shall be placed on telecommunication facilities, equipment cabinets, or associated structures.
g. Collocation of additional wireless facilities on an approved major telecommunications facility.
i. All facilities shall make available unused space for co-location of other telecommunication facilities, including space for these entities providing similar, competing services. Collocation is not required if the host facility can demonstrate that the addition of the new service or facilities would impair existing service or cause the host to go offline for a significant period of time. In the event a dispute arises as to whether a permittee has exercised good faith in accommodating other users, the City may require the applicant to obtain a third-party technical study at applicant's expense. The City may review any Agenda Item #10.6.

Part III: District Regulations
Part III, Page 146 | St. Helena Zoning Code | August 2023 Public Hearing Draft information submitted by applicant and permittee(s) in determining whether good faith has been exercised.
ii. All collocated and multiple-user telecommunication facilities shall be designed to promote facility and site sharing. Telecommunication towers and necessary appurtenances, including but not limited to parking areas, access roads, utilities and equipment buildings, shall be shared by site users whenever possible.

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

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

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

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

Agenda Item #10.6.

Part III: District Regulations
August 2023 Public Hearing Draft | St. Helena Zoning Code | Part III, Page 147 b. The exterior walls and roof covering of all above-ground equipment shelters and cabinets shall be constructed of materials rated as non-flammable in the Building Code.
c. Monitored automatic fire extinguishing systems shall be installed in all equipment buildings and enclosures.
d. Openings in all above-ground equipment shelters and cabinets shall be protected against penetration by fire and wind-blown embers to the extent feasible.

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

Agenda Item #10.6.

Part III: District Regulations
Part III, Page 148 | St. Helena Zoning Code | August 2023 Public Hearing Draft Chapter 17.23 Reserved
Agenda Item #10.6.

PART IV: CITYWIDE STANDARDS
Agenda Item #10.6.

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Agenda Item #10.6.

Part IV: Citywide Standards
August 2023 Public Hearing Draft | St. Helena Zoning Code | Part IV, Page 3 Chapter 17.24 General Site Standards

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

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

A. Location.

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

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

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

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

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

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

2. If no portion of an accessory building or structure is located within a required setback no minimum separation is required subject to the following conditions:
a. Drainage and fire containment are addressed to the satisfaction of the Public Works Director and the Fire Chief.
b. If the Chief Building Official determines that the separation between an accessory building or structure that is habitable as defined by this Code and a Agenda Item #10.6.

Part IV: Citywide Standards
Part 1V, Page 4 | St. Helena Zoning Code | August 2023 Public Hearing Draft principal building may be reduced to zero feet, then the accessory building or structure must be connected to the principal building by a doorway providing direct access between the accessory building or structure and the principal building.
c. If the Chief Building Official determines that the separation between an accessory building or structure that is habitable as defined by this Code and a principal building may be reduced to less than three feet but more than zero feet, then approval of a Conditional Use Permit must be required prior to the issuance of a building permit.

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

A. Architectural Features.

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

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

B. Open Floor Space Areas Over 18 Inches Above Finished Grade. Open decks, unenclosed porches, unenclosed balconies, fire escapes, landings, steps, and other open floor space areas with a floor elevation over 18 inches above finished grade may extend into any required front setback or side setback for a distance of not more than six feet and must cover no more than 50 percent of the setback area.

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

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

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

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

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

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

Agenda Item #10.6.

Part IV: Citywide Standards
August 2023 Public Hearing Draft | St. Helena Zoning Code | Part IV, Page 5

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

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

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

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

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

1. Church spires and smoke stacks;

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

3. Freestanding water tanks and support structures;

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

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

17.24.050 Fences, Walls, and Hedges
A. Fences, Walls, and Hedges in the LR-1A, LR, MR, HR, PQP, PR, WW, A-20, and OS Districts. The following standards shall apply to walls, fences, and hedges located in the LR1A, LR, MR, HR, PQP, PR, WW, A-20 and OS districts:

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

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

Agenda Item #10.6.

Part IV: Citywide Standards
Part 1V, Page 6 | St. Helena Zoning Code | August 2023 Public Hearing Draft

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

B. Height Within the Visibility Triangle in All Districts.

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

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

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

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

A. Flag lots shall be permitted in the A-20, LR-1A, LR, MR, HR, and WW districts only. Review of flag lots will be subject to Conditional Use Permit approval as well as the provisions of St.

Helena Municipal Code Title 16, Subdivisions.

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

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

2. A panhandle may provide access to two lots.

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

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

Agenda Item #10.6.

Part IV: Citywide Standards
August 2023 Public Hearing Draft | St. Helena Zoning Code | Part IV, Page 7 C. The standards for residential driveways or access drives as set forth in Chapter 17.26, Parking and Loading, shall be observed to provide access to a flag lot. The access drive to the flag lot shall be inspected annually by the Fire Chief to ensure that landscaping or other obstructions do not hinder emergency vehicle access.

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

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

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

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

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

H. Easements across adjoining property may not be used to provide the panhandle portion of the lot, unless the lots were lots of record existing prior to January 28, 1956, or legally created pursuant to the State Subdivision Map Act and St. Helena Municipal Code Title 16, Subdivisions, prior to April 11, 1994.

17.24.070 Lighting and Illumination
A. Applicability.

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

2. Change of Use.
a. For a change of use or major addition or modification that requires an increase of 25 percent of the number of: required onsite parking spaces, additional dwelling units, gross floor area, seating capacity, or other units of measurement, all lighting must be brought into compliance with the requirements of this Code.
b. For a change of use or minor addition or modification that requires an increase in the number of onsite parking spaces, additional dwelling units, gross floor area, seating capacity, or other units of measurement that is less than 25 Agenda Item #10.6.

Part IV: Citywide Standards
Part 1V, Page 8 | St. Helena Zoning Code | August 2023 Public Hearing Draft percent, the applicant must comply with the requirements of this Section for any new outdoor lighting provided.

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

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

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

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

Agenda Item #10.6.

Part IV: Citywide Standards
August 2023 Public Hearing Draft | St. Helena Zoning Code | Part IV, Page 9 b. Class 2. Class 2 Lighting is used for general illumination for utility, safety, or security purposes. Examples of Class 2 Lighting include:
i. Pedestrian walkways, driveways, and roadways;
ii. Parking lots;
iii. Equipment yards; and
iv. Outdoor security.
c. Class 3. Class 3 Lighting is used for decorative purposes. Examples of Class 3 Lighting include:
i. Architectural illumination;
ii. Flag and monument lighting;
iii. Neon incorporated on signs; and
iv. Landscape lighting.

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

Agenda Item #10.6.

Part IV: Citywide Standards
Part 1V, Page 10 | St. Helena Zoning Code | August 2023 Public Hearing Draft Table 17.24.070.A: Lamp Type and Shielding Standards
Lamp Type and Lightning Class Required Shielding
Non-Residential 1
Class I Lighting (Color Rendition):

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

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

All lamp types 2500 lumens or above per fixture Prohibited All lamp types below 2500 lumens Allowed; only fully shielded fixtures permitted Residential 1
All Lighting Classes
All lamp types 1000 lumens or above per fixture Allowed; only fully shielded fixtures permitted All lamp types 1000 lumens or above per fixture Allowed; fully shielded fixtures preferred, partially shielded fixtures permitted 2
Notes:

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

2. The acceptance of a fixture as “Partially Shielded” shall be determined by the Community Development Director.

3. Maximum Height.
a. Within 100 feet of a Residential District: 16 feet.
b. Parking Lot Illumination: 15 feet.
c. Other Locations: 25 feet.
d. Exceptions: The Planning Commission may allow additional height for activities, uses, or development with unique lighting needs; accentuating historic architectural features of a building; accentuating signage and/or landscape features; or for security purposes.

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

5. Light Trespass Standard.
a. All light fixtures must be located, aimed, and shielded so that the direct illumination from the fixture shall be confined to the property boundaries of the source.

Agenda Item #10.6.

Part IV: Citywide Standards
August 2023 Public Hearing Draft | St. Helena Zoning Code | Part IV, Page 11 b. Any light fixture located within 50 feet of a residential zone or public right-ofway must utilize an internal or external shield, with the light fixture and shield oriented to minimize light trespass onto adjacent property or right-of-way line.

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

Figure 17.24.070.B.1: Shielding Configurations.

No Shield Internal Shield External Shield

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

17.24.060.B, Lamp Type and Shielding Standards.

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

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

9. Sign Illumination. Standards for external and internal sign illumination are provided in Section 17.27.080.F.

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

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

1. Outdoor floodlighting.

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

3. Any lighting device located on the exterior of a building or on the inside of a window which is visible beyond the property boundaries of the lot or parcel with intermittent fading, flashing, blinking, rotating, or strobe light illumination.

Agenda Item #10.6.

Part IV: Citywide Standards
Part 1V, Page 12 | St. Helena Zoning Code | August 2023 Public Hearing Draft

4. Lighting that results in glare to motor vehicles on public rights-of-way.

17.24.080 Refuse and Recycling Areas
This Section establishes design and location criteria for the construction and placement of refuse, solid waste, and recycling, compost, and green waste storage areas. Refuse, solid waste, recycling, compost, and green waste are collectively referred to as “refuse and recycling.” A. General Requirements. All refuse and recycling materials shall be placed in an appropriate receptacle. All garbage cans, mobile refuse bins, receptacles, and all recycling materials and containers shall be maintained and stored pursuant to this Section.

B. Location. The waste and recycling containers shall not be located within any required front setback, street side setback, any required parking and landscaped areas, or any other area required to remain unencumbered, according to fire and other applicable building and public safety codes.

C. Visibility. The refuse and recycling containers shall not be visible from the public right-of-way and shall be screened by landscaping (fences or walls may be used if located outside a required setback).

D. Accessibility. Waste and recycling storage areas shall be accessible so that trucks and equipment used by the contracted waste and recycling collector has sufficient maneuvering area.

E. Clear Zone. An area of five feet in front of and surrounding all enclosure types shall be kept clear of obstructions, and shall be painted, striped, and marked “No Parking.” F. Maintenance. The site must be maintained free of litter and any other undesirable materials and must be picked up and cleaned on a daily basis.

G. Container Materials. Containers used for the collection and storage of refuse and recyclable materials shall be constructed of a durable, waterproof, and rustproof material and with a cover secured from unauthorized entry or removal of material and shall be of a capacity sufficient to accommodate materials collected between collection schedules.

H. Enclosure Materials. Unless specifically waived by the design review processes described in Chapter 17.05, Planning Permits and Approvals, all development projects shall have a refuse enclosure constructed with a wall of such materials as to be opaque and of sufficient size to permit the storage, removal and replacement of standard commercial size refuse containers.

The trash enclosure must utilize colors/materials found on the primary building and have a roof integrated into the design. Trash enclosures must be located so that the enclosure is slightly elevated from its surroundings. The location must ensure that run-off drains to the sewer system. No collection, storage or stacking of refuse is permitted outside the refuse enclosure. This requirement does not preclude the placement of individual refuse containers within the I, PQP, PR, and OS districts.

I. Drainage. The floor of the enclosure shall have a drain that connects to the sanitary sewer system.

Agenda Item #10.6.

Part IV: Citywide Standards
August 2023 Public Hearing Draft | St. Helena Zoning Code | Part IV, Page 13

17.24.090 Screening
A. Uses and Equipment that Require Screening. The following uses and equipment must be screened from view:

1. Ground-Mounted Equipment. All ground mounted equipment must be screened from surrounding properties and the public right-of-way streets or enclosed within a building. Equipment to be screened includes but is not limited to commercial air conditioners, heating units, commercial generators, utility meters, cable equipment, telephone entry boxes, backflow preventions, irrigation control valves, electrical transformers, pull boxes, and all ducting for air conditioning, heating, and blower systems.

2. Roof-Mounted Equipment in the CB, SC, MU, BPO, and I Districts. In the CB, SC, MU, BPO, and I zoning districts, rooftop mounted mechanical and electrical service equipment must be entirely screened from surrounding properties and the public right-of-way. Exceptions may be granted by the Community Development Director where screening is infeasible due to health and safety or utility requirements.

3. Outdoor Storage Areas. Outdoor storage areas shall be screened from view from any public right-of-way; existing or residential areas; or publicly accessible open space area, parking area, access driveway, or similar thoroughfare.

4. Other Outdoor Use Areas. Any use not conducted entirely within an enclosed structure shall be screened from view from any public right-of-way; existing or planned residential area; or publicly accessible open space area, parking area, access driveway, or similar thoroughfare where the Community Development Director finds that the use without screening would have a detrimental effect on adjacent properties.

Outdoor dining areas and patios may remain unscreened.

B. Screening Height. Screening fences and walls must not exceed the maximum allowable fence heights as established in Section 17.24.050, Fences, Walls and Hedges, unless allowed with approval of a Minor Use Permit.

C. Screening Materials. Screening materials shall be architecturally compatible with the exterior colors and materials of the primary building. Screen walls may be stucco, decorative block, or concrete panel, wood, or other substantially equivalent material.

D. Maintenance of Screening. Screen walls shall be maintained in good repair, including painting, if required, and shall be kept free of litter or advertising. Where hedges are used as screening, trimming or pruning shall be employed as necessary to maintain the maximum allowed height.

17.24.100 On-Site Storage
This Section provides regulations for the placement of material objects on a site for any period exceeding seven consecutive days.

A. Applicability. This Section applies to the storage of building supplies, discarded or salvaged materials, motor vehicle parts, mechanical equipment or other material objects or equipment Agenda Item #10.6.

Part IV: Citywide Standards
Part 1V, Page 14 | St. Helena Zoning Code | August 2023 Public Hearing Draft as determined by the Community Development Director except as provided elsewhere in this Title. This Section does not apply to self-storage facilities.

B. Restrictions.

1. On-site storage shall be prohibited within any front or side setback of any property.

2. On-site storage is not permitted on vacant lots.

3. Materials or equipment shall not be stored to a height greater than the height of the screening fence or wall required in Section 17.24.090, Screening.

C. Exceptions. The regulations set forth in this Section shall not be applicable to the following types of storage:

1. The storage within a dwelling of objects normally found within a home.

2. The placement upon the premises within any residential zoning district of equipment or goods normally found in a yard such as toys, play equipment, yard or lawn furniture, minor yard maintenance tools and equipment, and similar objects.

3. The inventory of any retail or wholesale business, warehouse, parts house, industrial or commercial activity when such storage is the principal activity of the use or is incidental to the use and enclosed entirely within a building.

4. The temporary placement of building materials on a site of a City-approved construction project during the time a valid building permit is in effect for construction on the premises. The Community Development Director may approve the placement of a temporary mobile office (designed solely for such use) at an approved construction site for a maximum one-year period or for the duration of the construction, whichever period if shorter.

5. The storage of vehicles as regulated by Chapter 17.26, Parking and Loading.

Agenda Item #10.6.

Part IV: Citywide Standards
August 2023 Public Hearing Draft | St. Helena Zoning Code | Part IV, Page 15 Chapter 17.25 Landscaping

17.25.010 Purpose
This Section establishes minimum standards for the provision, installation, and maintenance of landscape areas by the following means:

A. Promote the conservation of potable and non-potable water by encouraging the preservation of existing plant communities, implementing xeriscape principles, encouraging the use of sitespecific plant materials, and establishing techniques for the installation and maintenance of landscape materials and irrigation systems.

B. Improve the appearance of all open areas through the incorporation of open space into development in ways that harmonize and enhance the natural and built environment.

C. Improve environmental quality by recognizing the numerous beneficial effects of landscaping upon the environment, including:

1. Improving air and water quality through such natural processes as photosynthesis and mineral uptake;

2. Maintaining permeable land areas essential to surface water management and aquifer recharge;

3. Reducing and reversing air, noise, heat and chemical pollution through the biological filtering capabilities of trees and other vegetation;

4. Promoting energy conservation through the creation of shade;

5. Reducing heat gain in or on buildings or paved areas;

6. Reducing the temperature of the microclimate through the process of evapotranspiration; and

7. Encouraging the conservation of limited fresh resources through the use of sitespecific plants and various planting and maintenance techniques.

D. Maintain and increase the value of land by requiring landscaping to be incorporated into development, thus becoming by itself a valuable capital asset.

E. Minimize or eliminate conflicts between potentially incompatible uses through landscaping.

F. Provide direct and important physical and psychological benefits to human beings through the use of landscaping to reduce heat and glare, and to break up the monotony and soften the harsher aspects of urban development.

G. Preserve existing natural vegetation and promote the incorporation of native plants, plant communities, and ecosystems into landscape design, where possible.

H. Promote innovative and cost-conscious approaches to the design, installation and maintenance of landscaping, encouraging water and energy conservation.

I. Establish procedures and standards for the administration and enforcement of this Section.

Agenda Item #10.6.

Part IV: Citywide Standards
Part 1V, Page 16 | St. Helena Zoning Code | August 2023 Public Hearing Draft

17.25.020 Applicability
A. The provisions of this Chapter shall apply to the following:

1. New construction and rehabilitated landscapes for public agency projects and private development projects with a landscape area equal to or greater than 2,500 square feet requiring a building permit or Major Design Review;

2. New construction and rehabilitated landscapes in single-family and multi-family residential projects with a landscape area equal to or greater than 2,500 square feet requiring a building permit, landscape permit, or Major Design Review; or

3. Existing landscape areas over one acre in size.

B. This Chapter does not apply to:

1. Registered local, state or federal historical sites;

2. Ecological restoration projects that do not require a permanent irrigation system;

3. Mined-land reclamation projects that do not require a permanent irrigation system; or

4. Plant collections, as part of botanical gardens and arboretums open to the public.

17.25.030 Xeriscape Principles
The following xeriscape principles serve as the primary means of achieving water conservation:

A. Design of the landscape by dividing it into high-, moderate,- and low-water use zones and by taking advantage of microclimates caused by the different conditions of sun, slope, moisture and air movement (hydrozones);
B. Efficient irrigation systems;
C. The use of soil amendments to improve the water-holding capacity of the soil; D. Limiting turf to locations where it provides functional benefits; E. The use of mulches, where appropriate;
F. Selection of appropriate plants; and
G. Maintaining the landscape appropriately (monitor the irrigation system and water according to needs).

17.25.040 Areas to be Landscaped
The following areas shall be landscaped and may count toward the total area of the site required to be landscaped by the zoning district regulations.

A. Required Setbacks. All required front and street-facing side setbacks, except for areas used for exit and entry, shall be landscaped.

B. Interior Property Lines Abutting Residential Districts. Whenever a nonresidential use is located adjacent to a residential district or use, a landscape buffer planted with a mix of trees Agenda Item #10.6.

Part IV: Citywide Standards
August 2023 Public Hearing Draft | St. Helena Zoning Code | Part IV, Page 17 and shrubs shall be provided along interior property lines. At least one tree of at least 15- gallon size shall be planted per 20 linear feet or as appropriate to create a tree canopy over the buffer. In addition, at least three shrubs shall be planted per 20 linear feet.

1. SC, BPO, and I Districts. Landscaped buffer six feet in width.

2. Other Non-residential Uses. Landscaped buffer four feet in width.

C. Building Perimeters. The portions of a nonresidential building that front a public street shall have one or more landscape planters installed along a minimum 20 percent of that building face. The minimum width of the planter shall be three feet. This standard does not apply to buildings facing Main Street within the Historic Overlay District and buildings located on the front or corner side property line.

D. Landscaping Requirements on Flag Lots. Landscaping is required in the panhandle portion of a flag lot alongside the driveway.

E. Unused Areas. All areas of a project site not intended for a specific use, including areas planned for future phases of a phased development, shall be landscaped or hydroseeded. The Community Development Director may waive this requirement for areas planned for future development.

17.25.050 Requirements
A. Model Water Efficient Landscaping Ordinance (MWELO). Landscaping shall be consistent with the State of California’s MWELO, which is found at §§s 490 to 495 of Chapter 2.7, Division 2, Title 23, of the California Code of Regulations.

B. General Requirements. In all areas where landscaping is required in accordance with Section

17.25.040, Areas to be Landscaped, landscaping shall be permanently maintained by the property owner in accordance with the following standards:

1. Shade Tree Species. Shade trees shall be of a variety approved by the City that will, under ordinary circumstances and growing conditions, provide shade upon reaching maturity.

2. Tree Distribution. Distribution of trees shall generally be in a grid or similar pattern or exhibit a regular spacing within off-street parking lots, required setbacks, and other open spaces and landscaped areas.

3. Incidental features. Landscaping may include incidental features such as stepping stones, benches, fountains, sculptures, decorative stones, or other ornamental features, placed within a landscaped setting.

4. Gardens. Garden areas and other areas dedicated to edible plants are considered landscaped areas and count toward required landscaping.

5. Turf. No more than 25 percent of the landscaped area may be turf. If the turf is irrigated with reclaimed or greywater, this percentage may be exceeded, as determined by the Public Works Director.

Agenda Item #10.6.

Part IV: Citywide Standards
Part 1V, Page 18 | St. Helena Zoning Code | August 2023 Public Hearing Draft

6. Gravel Surfaces and Pavers. Landscaped areas may include graveled surfaces and surfaces paved with pavers, provided they do not cover more than 30 percent of the area required to be landscaped.

7. Invasive Plants Prohibited. Plant species that are listed by California Invasive Plant Council (Cal-IPC) as invasive are prohibited. Existing invasive plants and noxious weeds shall be removed.

C. Specific Requirements.

1. CB and MU with Main Street frontage. The following standards apply to all parcels with frontage on Main Street in the CB and MU districts. a. Landscaping not Required. Where buildings are located at the back of the sidewalk on the property line or within two feet of a property line, no landscaped areas are required. Instead the sidewalk must be extended to the front of the building and constructed with materials that match the surface of the existing sidewalk..
b. Parking Areas. Unless otherwise specified in this Chapter or under the conditions of an approved permit, planted areas shall have a width of not less than four feet and shall be protected from vehicles where necessary through the provision of barriers or tire stops.

2. All Other Areas. The following standards apply to all areas not described in

17.25.050.C.1.
a. Dimension of Landscaped Areas. No landscaped area smaller than three feet in any horizontal dimension shall count toward required landscaping. b. Parking Lot Trees. All trees in parking lots shall be a minimum 15 gallon can size and shall conform to the National Association of Nurserymen’s adopted standards for growth, condition and development of nursery-supplied materials. Modification of these standards for equivalent quality of tree or shade plant may be permitted depending on the species. The following minimum number of trees in Table 17.25.050.A: Parking Lot Trees Required, shall be required in any parking lot:

Table 17.25.050.A: Parking Lot Trees Required
Parking Lot Size Number of Trees
15 spaces or fewer 1 tree/4 spaces (minimum of 2 trees) 16 spaces or more
20 trees/acre if canopy is 40 feet or greater
24 trees/acre if canopy is less than 40 feet
c. Planters. Where a parking lot abuts a public right-of-way, there shall be provided a landscaped planter that is a minimum three feet in width and parallel to the right-of-way.
d. Curbing. In all areas where vehicular circulation is permitted, landscaping and shade trees shall be contained in planters and tree wells bordered by a sixinch-high concrete curb or equivalent barrier approved by the City.

Agenda Item #10.6.

Part IV: Citywide Standards
August 2023 Public Hearing Draft | St. Helena Zoning Code | Part IV, Page 19 e. Width and Protection. Unless otherwise specified in this Chapter or under the conditions of an approved permit, planters and tree wells shall have a width of not less than five feet and shall be protected from automobile overhang where necessary through the provision of barriers, tire stops, or additional width.

D. Maintenance. All planting and other landscape elements shall be maintained in good growing condition. Such maintenance shall include, where appropriate, pruning, mowing, weeding, cleaning, fertilizing, and regular watering. Wherever necessary, plantings shall be replaced with other plant materials to ensure continued compliance with applicable landscaping requirements.

E. Irrigation. Landscaped areas and planters shall be served by an irrigation system approved by the City and shall be kept in a weed-free condition.

F. Landscape Documentation Package. For any project subject to this Section, a landscape documentation package shall be submitted to, reviewed by, and approved by the Community Development Director prior to the issuance of any building permit or the replacement of landscaping. The landscape documentation package shall include all required information as established in the State MWELO guidelines or successor regulations.

G. Amendment of Approved Plan. Any significant change of plant material, size or design from that contained in an approved landscaping plan shall require the approval of a revised landscaping plan reviewed in the same manner as the original plan. The Community Development Director may determine on a case-by-case basis what is a significant change to an approved landscaping plan.

Agenda Item #10.6.

Part IV: Citywide Standards
Part 1V, Page 20 | St. Helena Zoning Code | August 2023 Public Hearing Draft Chapter 17.26 Parking and Loading

17.26.010 Purpose
The purpose of this Chapter is to:

A. Require parking spaces and loading spaces for all land uses that are sufficient in number, size, and arrangement;
B. Minimize the negative environmental and urban design impacts of parking lots, driveways, and drive aisles within parking lots;
C. Ensure the provision of adequate off-street bicycle parking; D. Establish standards and regulations for safe and well-designed parking, loading and unloading, and vehicle circulation areas that minimize conflicts between pedestrians and vehicles, and where appropriate, create buffers from surrounding land uses; E. Minimize the amount of area devoted to parking by allowing reductions in the number of required spaces, shared parking facilities, and other methods to lower vehicle parking demand;
F. Encourage modal shift; and
G. Reduce urban run-off and heat island effect through reduced parking footprints.

17.26.020 Definitions
As used in this Chapter:

A. Access drive. A paved way located outside of the public right-of-way that provides vehicular access between the public street and the required parking for more than one lot, or for one lot if necessary for emergency vehicle access. Within a parking lot, that portion providing access other than aisles.

B. Aisle. The portion of a parking lot which is contiguous to a parking space and provides direct access to the parking space.

C. Bicycle Parking Space. A space dedicated to the parking of bicycles that typically includes supports to which the bicycle may be attached.

D. Bicycle Locker. A locker or box in which up to 2 bicycles can be placed and locked to prevent theft, shelter bicycles from the weather, and deter casual vandalism.

E. Driveway approach. That portion of a residential driveway which connects a residential driveway to the street is a driveway approach, typically located in the right-of-way.

F. Electric Vehicle Charging Station. An electric vehicle supply equipment station designed and built in compliance with California Electrical Code Article 625 that delivers electricity from a source outside an electric vehicle into a plug-in electric vehicle.

G. Off-street loading space. A parking space or portion of a parking lot marked and designated for temporary parking for purposes of loading and unloading.

Agenda Item #10.6.

Part IV: Citywide Standards
August 2023 Public Hearing Draft | St. Helena Zoning Code | Part IV, Page 21 H. On-site parking. A space designated for parking a vehicle on the same property as the use it is required to serve.

I. Parking lot. A site or a portion of a site devoted to on-site parking of vehicles including parking spaces, aisles, access driveways and landscaped areas, and other areas providing ingress and egress to parking spaces.

J. Parking space. A permanently surfaced area for vehicular parking connected to a public street, alley or other public way by a permanently surfaced driveway or access or access drive.

K. Residential driveway. A drive which provides direct vehicular access from a public or private street to the required parking for an individual dwelling unit and accessory structures.

L. Secured bicycle parking. A lockable facility such as individual lockers or enclosed, locked, limited-access areas for parking of bicycles.

M. Shared parking. A parking area that provides required parking spaces for more than one use.

N. Tandem parking. Tandem parking means that two or more automobiles are parked on a driveway or in any other location on a lot, lined up behind one another.

17.26.030 Applicability
The requirements of this Chapter apply to all primary uses in all zoning districts at the time any building or structure is erected, enlarged, increased in capacity, or changed from a nonconforming use to a permitted use.

A. New Buildings and Uses. On-site parking and loading shall be provided in accordance with this Chapter at the time any main building or structure is erected or any new land use is established.

B. Existing Non-Residential Buildings.

1. When a change in use, expansion of a use, or expansion of floor area creates an increase of 15 percent or more in the number of required on-site parking or loading spaces, additional on-site parking and loading shall be provided for such addition, enlargement, or change in use and not for the entire building or site.

2. Existing parking and loading not in excess of the minimum requirements shall be maintained.

3. Parking and loading in excess of minimum requirements may be removed.

4. A change in tenancy or ownership is not considered a change in use unless the new occupant is in a different use classification than the former occupant.

5. If the number of existing parking and loading spaces is greater than the requirements for a proposed use, the number of excess parking spaces may be counted toward meeting the requirements for any change, expansion, or major alteration.

C. Existing Residential Buildings. Parking in accordance with this Chapter shall be provided where additional dwelling units are created through the alteration of an existing building or construction of an additional structure or structures.

Agenda Item #10.6.

Part IV: Citywide Standards
Part 1V, Page 22 | St. Helena Zoning Code | August 2023 Public Hearing Draft D. When Constructed. On-site parking and loading facilities required by this Chapter shall be constructed or installed prior to the issuance of a certificate of occupancy for the uses that they serve.

17.26.040 Required Parking Spaces
A. Required Spaces. The total number of required parking spaces are specified in Table

17.26.040.A: Minimum Off-Street Parking Requirements by Use. Fractional spaces of one-half or more shall be rounded off to require one additional space for the fractional space.

Table 17.26.040.A: Minimum Off-Street Parking Requirements by Use Residential Uses
Single-family and duplex
dwellings Min. 2 spaces per unit, may be covered or uncovered Multi-family dwellings (3 or
more units)
Studio and 1-BR units: Min. 1 space per unit, may be covered or uncovered.
2 BR or more: Min. 1.5 spaces per unit.,
Guest parking: 25% of total required spaces when 15 or more units constructed.

Family day care, small None beyond what is required for the residential use Family day care, large
In addition to required parking for the residential use, min. 1 space for each nonresident employee plus an area for loading and unloading children
Live/work One space per 300 sq ft of the area devoted to work space, plus one space for every four units.

Mobile homes
Min. 2 spaces per mobile home space. One must be located on the mobile home space and the other must be located within 150 feet of the mobile home space.

In addition, min. 1 guest space per 4 mobile home spaces Single-room occupancy
One uncovered parking space for every three units plus one uncovered parking space for an onsite manager unit.

In addition, min. 1 lockable bicycle parking space for each efficiency unit adjacent to the unit.

Commercial, Office, Industrial, and Winery Uses
Boarding house Min. 2 spaces for the resident owner plus 1 space for each guest room
Commercial, retail and office
uses
1 space per 300 sq ft of building floor area, in no cases less than 2 parking spaces for each building or tenant space
Eating and drinking
establishments 1 space per 4 seats
Hotel Min. 1 space per guest room, suite, sleeping or living unit plus one space for each three employees
Agenda Item #10.6.

Part IV: Citywide Standards
August 2023 Public Hearing Draft | St. Helena Zoning Code | Part IV, Page 23 Table 17.26.040.A: Minimum Off-Street Parking Requirements by Use Industrial uses, excluding
wine warehousing
1 space per 300 sq ft office area; plus
1 space per 650 sq ft industrial area; plus
1 space per 1,000 sq ft warehouse area.

Mixed-use
For mixed-use development with residential uses, apply the shared parking provisions of Section 17.26.060.C.

Wineries (large and small) 1 space per 4 tasting or tour visitors plus 1 space per 1,000 sq ft of floor area
Winery tasting room One space for each 300 sq. ft. of gross sales area. For outdoor seating, no off-street parking shall be required.

Wine warehouse 1 space per 300 sq ft of office floor area plus:

Up to 25,000 sq. ft. of
warehouse area 1 space per 5,000 sq ft of warehouse floor area 25,000 sq ft or more
warehouse area 5 spaces plus 1 space per 10,000 sq ft warehouse floor area.

Public and Institutional Uses
Community assembly with
fixed seating 1 space per 4 seats
Community assembly
without fixed seating 1 space per 50 sq ft of floor area Cultural institutions 1 space per 400 sq ft of floor area open to the public Day care facility 1 per each employee plus an area for loading and unloading Government offices 1 space per 300 sq ft of building floor area, in no cases less than 2 parking spaces for each building or tenant space.

Hospitals and clinics 1 space for every 4 beds or as required by the Planning Commission Instructional Services 1 space per 40 sq ft of classroom space Schools
3 spaces per classroom and other room used by students.

In addition, 1 space for each 350 sq ft devoted to office or administrative uses.

Accessory Uses
Accessory dwelling units Parking for accessory dwelling units shall be provided in compliance with subsection 17.22.030.F.6
B. Other Uses. For uses not specifically listed in Table 17.26.040.A, Minimum Off-Street Parking Requirements by Use, the Planning Commission shall determine the parking requirements. In determining such requirements, the Planning Commission shall use the above requirements as a rule and guide and any relevant information supplied by standard traffic engineering reference manuals on parking demand by use type.

C. Tenant Spaces with Multiple Functions. A site or building with multiple tenants (i.e. two or more) or multiple uses shall provide the aggregate number of parking spaces required for Agenda Item #10.6.

Part IV: Citywide Standards
Part 1V, Page 24 | St. Helena Zoning Code | August 2023 Public Hearing Draft each separate use (e.g. the sum of the separate requirements for each use) unless the Community Development Director approves a parking reduction in compliance with Section

17.26.060, Parking Reductions.

17.26.050 Parking Area and Access Design Standards
A. Residential Garages and Carports. Each residential garage or carport shall have the following minimum unobstructed interior dimensions:

1. Single car garage/carport: nine feet by 19 feet.

2. Double car garage: 19 feet by 19 feet.

B. Driveways to Residential Uses. A residential driveway that provides direct vehicular access from a public or private street to required parking for an individual dwelling unit is subject to the following standards:

1. Length: Minimum 24 feet as measured from the property line to a garage door; a minimum 20 feet if a roll-up garage door or carport is utilized.

2. Width: Between 10 and 20 feet as shown in the City of St. Helena Street, Storm Drain and Sidewalk Standards.

3. Material: New driveways shall use pervious materials and pavers to minimize storm water impacts.

4. Minimum Separation at Corners: Driveways shall be placed no less than 20 feet from the intersection of the front and street side property lines.

5. Exceptions.
a. Residential driveways in the Woodlands and Watershed zoning district, or elsewhere as deemed necessary by the Fire Chief.
b. Lots without public street frontages and lots greater than 100 feet in length shall meet the standards for an access drive as set forth in St. Helena Municipal Code Section 15.36.100, Fire Apparatus Access Roads.

C. Off-Street Parking Lot Design.

1. Design Standards. Standards for the design and layout of required off-street parking lots are provided in Table 17.26.050.B: Angled Parking Dimensions.

Agenda Item #10.6.

Part IV: Citywide Standards
August 2023 Public Hearing Draft | St. Helena Zoning Code | Part IV, Page 25 Table 17.26.050.B: Angled Parking Dimensions
Angle 90 75 60 45 30
Stall depth to wall (ft) 19 19.5 20 18.5 16
Aisle width (ft) 25 21 18 14 14
Wall to wall module (ft) 63 60 58 51 46
Stall width, parallel to aisle (ft) 9.5 9.32 10.39 12.73 18

2. Compact Spaces.
a. Up to 30 percent of the required number of off-street parking spaces may be designated for the parking of compact vehicles only.
b. Stall width may be reduced by a maximum of one foot. c. Stall length may be reduced by a maximum of three feet. d. “Compact parking only” shall be stenciled on the pavement at the entrance to each stall with 6-inch minimum height letters.
e. When provided, compact car space clusters shall be dispersed throughout the parking lot rather than concentrated in one area.

3. Parallel Spaces.
a. Parallel spaces along a wall, fence, or hedge shall be 10 feet in width. b. Parallel spaces having no obstruction or adjacent parking space within ten feet of one end may be reduced in length to 20 feet. If both ends are similarly clear, the space may be reduced in length to 18 feet.

4. Long Term Parking. Parallel stalls that are designated for long-term, or low turnover use, as allowed in this Code may be reduced as follows:
a. Stall width may be reduced by six inches. Small car stalls may not be reduced in width.
b. Stall length may be reduced by one foot (including small car spaces).

Agenda Item #10.6.

Part IV: Citywide Standards
Part 1V, Page 26 | St. Helena Zoning Code | August 2023 Public Hearing Draft

5. Landscaped Area. Stalls adjacent to a landscaped area shall be widened by six inches.

Stall adjacent to a fence wall or hedge shall be widened by one foot.

6. Aisles. The minimum aisle dimension for two-way traffic shall be 24 feet and for oneway traffic 14 feet.

7. Dimensions. The front two feet of the required parking stall dimension may be used to enlarge an adjacent landscaped area but may not be used to meet minimum landscaping requirements. Landscaping within this overhang area shall be limited to low-lying shrubs and ground cover and must be approved by the Community Development Director.

8. Circulation. Parking lots shall be designed with adequate circulation and turn around so that vehicles will not have to back into the street to exit.

9. Paving. Parking stalls shall be paved and shall comply with the design and construction standards for access drives.

10. Striping. Parking stalls shall be marked using four inches wide white paint stripes. All directional arrows and legends shall be white. Double lining of parking stalls may be used with specific approval of the Public Works Director.

11. Angled Spaces. All angled or 90-degree parking spaces shall be provided with a concrete wheel stop to prevent parked vehicles from encroaching into areas designed for other purposes, except as allowed in subsection 17.26.050.C.7. Continuous concrete curb is acceptable in lieu of individual wheel stops. Timber wheel stops can only be used with specific approval of the Public Works Director.

12. Alternative Dimensions. Where the location of existing structures or other significant features makes it impossible to obtain an acceptable parking layout using these dimensions, the Public Works Director may authorize the use of alternative dimensions.

13. Accessible Spaces. Handicapped parking shall be provided in accordance with the standards of the California Building Code, Part 2, Title 24.

14. Lighting. All lighting shall comply with the requirements of Section 17.24.070, Lighting and Illumination.

15. Screening. Where abutting a residential zoning district, parking lots in the rear of a site for more than five vehicles shall be screened, except for necessary driveway openings, by a six-foot high solid board fence, masonry wall, vegetative screen, or screened chain link fence. Screening fences or walls shall be maintained in good condition.

16. Location. Within any zoning district, except for necessary service or single-family access driveways, no portion of a parking lot shall be located in any required front or side setback adjacent to a street. No vehicles shall back out onto a public street except in residential zoning districts.

17. Material. Parking lot surfaces may be concrete, asphalt, grouted continuous brick, cobblestone, turf block, or any similar, durable, and dustless material. To reduce stormwater runoff, porous pavers may be used subject to approval by the Public Works Director.

Agenda Item #10.6.

Part IV: Citywide Standards
August 2023 Public Hearing Draft | St. Helena Zoning Code | Part IV, Page 27 D. Access Drives for Multi-Family and Non-residential Properties. An access drive that provides vehicular access between the public street and the required parking for more than one lot, or for one lot if the length of the drive is greater than 100 feet, is subject to the following standards:

1. Width. The minimum dimensions provided in Table 17.26.050.C: Standard for Access Drives, allow for the safe passage of emergency vehicles. Parking areas may not count toward the required access drive width.

Table 17.26.050.C: Standards for Access Drives
Nonresidential Minimum Width (fully paved width)
One-way access drive 16' paved
Two-way access drive 25' paved
Residential Minimum Width (includes two 2' shoulders)
One-way access drive:
1 unit 16' (12' paved)
Two-way access drives:
1 or 2 units 16' (12' paved)
3 to 10 units 20' (16' paved)
11 to 60 units 25' (21' paved)
More than 60 units 30' (26' paved)

2. Design for Two-Way Traffic. All access drives, except for driveways for single-family residence, shall be designed for two-way traffic unless specific approval is obtained from the Public Works Director and Fire Chief.

3. Setback from Front of Lot. To avoid congestion at the entrance of a property from the street or access drive, no on-site parking space or gate shall be allowed within the initial 30 feet of the edge of pavement of the access drive, drive aisle or property line, or location as determined by the Public Works Director in conjunction with the Fire Chief.

4. Vertical Clearance. The minimum vertical clearance shall be 14 feet at all points across the required width of the access drive.

5. Other Design Requirements. Emergency vehicle turnouts, firefighting operations areas, and grades shall be as prescribed in St. Helena Municipal Code Chapter 15.36, California Fire Code Adopted.

6. Inspection. Access drives shall be inspected annually by the Fire Chief/Fire Code Official to ensure that landscaping or other obstructions do not hinder emergency vehicle access.

E. Review. The design of all features relating to access drives is subject to review and approval of the Public Works Director and Fire Chief. Where the access is determined by the Public Works Director to serve traffic loads equivalent to those typically encountered on public streets, the Public Works Director shall require the design of the access drive to meet public Agenda Item #10.6.

Part IV: Citywide Standards
Part 1V, Page 28 | St. Helena Zoning Code | August 2023 Public Hearing Draft street standards. See Chapter 17.04, Common Procedures, for submittal requirements and procedures.

17.26.060 Parking Reductions
A. Parking Exemption Overlay District. Projects located within this District are not subject to onsite parking requirements. Please refer to Chapter 17.21.030, Parking Exemption District.

B. Density Bonus. Parking standards may vary for residential development projects receiving a density bonus pursuant to Chapter 17.29, Density Bonus, and California Government Code § 65915(p).

C. Reduction for Shared Parking. Where a shared parking facility serves more than one use, the Community Development Director may reduce the total number of required parking spaces up to 40 percent upon finding that:

1. The peak hours of use will not overlap or coincide to the degree that peak demand for parking spaces from all uses will be greater than the total supply of spaces;

2. The proposed shared parking provided will be adequate to serve each use;

3. A parking demand study prepared by an independent traffic engineering professional approved by the City supports the proposed reduction; and

4. In the case of a shared parking facility that serves more than one property, a parking agreement has been prepared consistent with the provisions of Section 17.26.070.B D. Reduction for Transportation Demand Management. Total required parking for commercial and office uses that incorporate one or more of the following Transportation Demand Measures may be reduced by 10 percent:

1. Designated car-share, vanpool, or carpool parking.

2. Showers and lockers.

3. Transit subsidies or reimbursement to residents and employees.

17.26.070 General Provisions
A. Change of Required Parking. When the required parking changes as a result of a change of use, expansion of use, increase in number of leaseholders or tenant spaces, or change from a nonconforming use to a permitted use, additional required parking spaces must be provided unless exempt as stipulated in Section 17.26.030, Applicability.

B. Location of Required Parking.

1. Required parking shall be located on the same lot with the use, building or structure for which the parking is required, or off-site not more than 300 feet away from the use, building or structure and in a zoning district which allows parking.

2. When parking is located off-site, the property owners involved in the joint use of parking facilities shall record an agreement, approved by the City Attorney, and filed with the County Recorder. A copy of the agreement shall be filed with the Planning Department.

Agenda Item #10.6.

Part IV: Citywide Standards
August 2023 Public Hearing Draft | St. Helena Zoning Code | Part IV, Page 29 C. Tandem Parking.

1. In Residential Districts. Tandem parking is permitted.

2. In Commercial and Mixed-Use Districts.
a. Up to 25 percent tandem parking is permitted and may be counted as part of the required parking as stipulated in Table 17.26.040.A: Minimum Off-Street Parking Requirements by Use.
b. Tandem parking that requires backing out onto a public street is prohibited.

17.26.080 Bicycle Parking
The Planning Commission may require the provision of bicycle parking facilities for any use which is required to provide 10 or more vehicular parking spaces dependent upon the use, size, and location of the property.

A. Short-Term Bicycle Parking. Short-term secure bicycle parking shall be provided to serve shoppers, customers, messengers, guests, and other visitors to a site who generally stay for a period of four hours or less.

1. Bicycle Parking Spaces Required. For the following uses, the number of short-term secure bicycle parking spaces shall be five percent of the parking spaces required in Table 17.26.040.A, Minimum Off-Street Parking Requirements by Use, with a minimum of four secure bicycle parking spaces provided per use. a. Multi-Unit Residential, Boarding House, and Single Room Occupancy. b. All Public/Semi-Public Uses.
c. All Commercial Uses, except Automobile/Vehicle Sales and Services, Shortterm Rentals, and Mobile Vendors. d. Exemptions. The following are exempt from the required bicycle parking spaces:
i. Uses located within the Parking Exemption Overlay District; ii. Uses within the CB district; and
iii. Uses located on properties where the required front setback is less than 10 feet.

2. Location.
a. Short-term secure bicycle parking shall be located outside of pedestrian walkways, and within 100 feet of the main entrance to the building it serves. b. Short-term secure bicycle parking shall be located outside of the public rightof-way except as allowed through an encroachment permit. c. Where the secure bicycle parking area is not visible from the main entrance of the buildings, signs located at the main entrance of the building shall identify the location of bicycle parking.

Agenda Item #10.6.

Part IV: Citywide Standards
Part 1V, Page 30 | St. Helena Zoning Code | August 2023 Public Hearing Draft

3. Anchoring and Security. For each short-term bicycle parking space required, a stationary, securely-anchored bicycle rack shall be provided to which a bicycle frame and one wheel (two points of contact) can be secured with a high-security U-shaped shackle lock if both wheels are left on the bicycle. One such bicycle rack may serve multiple bicycle parking spaces.

4. Size and Accessibility. Each short-term bicycle parking space shall be a minimum of two feet in width and six feet in length and shall be accessible without moving other bicycles. Two feet of clearance shall be provided between bicycle parking spaces and adjacent walls, poles, landscaping, street furniture, drive aisles, and pedestrian walkways. Five feet of clearance shall be provided from vehicle parking spaces.

B. Long-Term Bicycle Parking. Long-term bicycle parking shall be provided to serve employees, students, residents, commuters, and others who generally stay at a site for four hours or longer.

1. Bicycle Parking Spaces Required.
a. Multi-Unit Residential, Group Residential, and Single-Room Occupancy. A minimum of one long-term secured bicycle parking space shall be provided for every five dwelling units.
b. Parking Structures. Long-term bicycle parking shall be provided at a minimum ratio of one bicycle parking space per 25 vehicle parking spaces. c. Other Uses. Any establishment with 25 or more full-time equivalent employees shall provide long-term bicycle parking designated on a site plan at a minimum ratio of one bicycle parking space per 25 required vehicle parking spaces.

Parking areas with fewer than 25 spaces are encouraged but not required to provide long-term bicycle parking.

2. Location. Long-term bicycle parking must be located on the same lot as the use it serves and near a building entrance. In parking structures, long-term bicycle parking must be located near an entrance to the facility. Where the bicycle parking area is not visible from the entrance of the building, signs located at the entrance or in an entry lobby of the building shall identify the location of bicycle parking.

3. Anchoring and Security. Long-term bicycle parking must be located in:
a. An enclosed bicycle locker; or
b. Other secure areas approved by the Community Development Director.

4. Size and Accessibility. Each long-term bicycle parking space shall be a minimum of two feet in width and six feet in length and shall be accessible without moving other bicycles. Two feet of clearance shall be provided between bicycle parking spaces and adjacent walls, poles, landscaping, street furniture, drive aisles, and pedestrian walkways. Five feet of clearance shall be provided from vehicle parking spaces.

Agenda Item #10.6.

Part IV: Citywide Standards
August 2023 Public Hearing Draft | St. Helena Zoning Code | Part IV, Page 31

17.26.090 Electric Vehicle Charging Stations
Electric vehicle (EV) charging stations and EV-capable parking spaces shall be provided for all new buildings erected as required by this Section. All such spaces shall be included in the calculation of parking demands of Section 17.26.040, Required Parking Spaces.

A. Required EV Charging Stations. The total number of required EV charging stations spaces are specified in Table 17.26.090.A: Required EV Charging Stations.

Table 17.26.090.A: Required EV Charging Spaces
Total Number of Required Parking Spaces Minimum EV Charging Spaces 0 – 9 0
10 – 25 1
26 -50 2 for residential uses;
2 for nonresidential uses
51+ 6% of total
B. Exceptions. Exceptions to Table 17.26.090.A: Required EV Charging Spaces, may be made on a case-by-case basis where the Community Development Director and the Chief Building Official determine that EV charging infrastructure is not feasible based upon one or more of the following conditions:

1. There is insufficient electrical supply;

2. There is evidence that additional local utility infrastructure design requirements directly related to the implementation of this Section may adversely impact the construction cost of the project; or

3. Providing the EV charging infrastructure creates an economic hardship for an affordable housing project.

C. Size. The size of EV charging station parking spaces and EV-capable parking spaces shall be as specified in Section 17.26.050, Parking Area and Access Design Standards. EV supply equipment shall not reduce the size of the parking space.

D. Accessible EV Spaces. Where accessible parking requirements are required, at least one EV space or EV charging station shall meet current van accessible dimensions, as defined by the California Building Code, and be connected to a barrier-free accessible route of travel to the building. No accessible markings shall be made on the EV space or EV charging station with van accessible dimensions. The EV space with van accessible dimensions shall be the first EV charging station established on the property.

E. EV Charging Stations. EV charging stations shall be allowed within any zoning district subject to all applicable requirements of the Municipal Code in addition to the following:

1. EV parking spaces shall be equipped with electric vehicle supply equipment (EVSE), which shall be Level 2 or higher. All EVSE shall be installed in accordance with the requirements of the California Green Building Standards Code.

2. The EV charging station shall be protected as necessary to prevent damage by automobiles.

Agenda Item #10.6.

Part IV: Citywide Standards
Part 1V, Page 32 | St. Helena Zoning Code | August 2023 Public Hearing Draft

3. Any EV charger shall be listed and labeled by an approved testing agency.

4. The EV charging station shall have complete instructions and appropriate warnings posted in an unobstructed location next to each EV charging station.

5. EV Stations for Public Use. EV charging stations for public use must be visible from the right-of-way and illuminated during nighttime business hours. a. One standard non-illuminated sign, not to exceed four square feet in area and eight feet in height, may be posted for the purpose of identifying the location of each cluster of EV charging stations.
b. The EV charging station may be on a timer that limits the use of the station to the normal business hours of the use(s) that it serves to preclude unauthorized use after business hours.
c. The following information shall be posted at a public EV charging station:
i. Voltage and amperage levels;
ii. Hour of operations if time limits or tow-away provisions are to be enforced by the property owner;
iii. Usage fee;
iv. Safety information; and
v. Contact information for reporting when the equipment is not operating or other problems.

F. Construction and Installation. Construction shall comply with § 5.106.5.3.1 or § 5.106.5.3.2 of the California Green Building Standards Code to facilitate future installation of EVSE.

17.26.100 On-Site Loading and Unloading
A. Required On-Site Loading. The on-site loading standards in Table 17.26.100.A: Gross Floor Area Required for Loading Spaces, apply to all nonresidential buildings with floor area of 10,000 square feet or greater that include manufacturing, storage, warehouse, retail, wholesale or other similar use which requires the receipt or distribution by vehicles of material and merchandise.

Agenda Item #10.6.

Part IV: Citywide Standards
August 2023 Public Hearing Draft | St. Helena Zoning Code | Part IV, Page 33 Table 17.26.100.A: Gross Floor Area Required for Loading Spaces Gross Floor Area Required Off-Street Loading Spaces 1
Up to 10,000 sq ft 1 for industrial uses; 0 for all other use 10,000 to 24,999 sq ft 1
25,000 to 49,000 sq ft 2
Each additional 50,000 sq ft 1
Notes:

1. Additional loading dock and truck standing areas may be required as specific in a CUP.

B. Size of Loading Spaces. Each loading space shall be not less than 12 feet in width and 40 feet in length with a minimum overhead clearance of 14 feet.

C. Standards for Loading Areas:

1. Lighting. Refer to Section 17.24.070, Lighting and Illumination, for lighting requirements;

2. Loading Ramps. Plans for loading ramps or truck wells shall be accompanied by a profile drawing showing the ramp, ramp transitions and overhead clearances;

3. Location. Loading spaces shall be located and designed as follows:
a. As near as possible to the main structure and limited to the rear two-thirds of the parcel, if feasible;
b. Situated to ensure that the loading facility is screened from adjacent streets to the greatest degree possible;
c. Situated to ensure that loading and unloading takes place on-site and in no case within adjacent public rights-of-way or other on-site traffic circulation areas;
d. Situated to ensure that vehicular maneuvers occur on-site; and e. Situated to avoid adverse impacts upon neighboring residential properties;

4. Screening. Loading areas shall be screened from abutting parcels and streets with dense landscaping or solid walls or fences with a minimum height of six feet; and

5. Striping. Loading areas shall be striped indicating the loading spaces and identifying the spaces for “loading only.” The striping shall be permanently maintained by the property owner/tenant in a clear and visible manner at all times.

D. Upon adoption of a finding by the Planning Commission that a business is unreasonably blocking traffic or obstructing on-street parking spaces, the Planning Commission may review and amend that business’s Conditional Use Permit as needed to permit the street to function as it should.

E. Waivers and Modifications. The Planning Commission may waive the loading requirements or modify the standards if it can be demonstrated that the proposed use does not require loading facilities or that an alternative arrangement satisfies the need for loading facilities.

Agenda Item #10.6.

Part IV: Citywide Standards
Part 1V, Page 34 | St. Helena Zoning Code | August 2023 Public Hearing Draft Chapter 17.27 Signs

17.27.010 Purpose
This Chapter has been adopted to ensure that all signs installed in the City are compatible with the unique character and environment of the community, and in compliance with the General Plan. This Chapter promotes the public health, safety, and welfare through a comprehensive system of reasonable, effective, consistent, content neutral, and nondiscriminatory sign standards and requirements. More specifically, this Chapter is intended to:

A. Ensure that all signs are compatible with the unique character and environment of the City, and that they support the desired ambience and development patterns of the various districts and historic areas within the City;
B. Balance public and private objectives by allowing adequate avenues for both commercial and non-commercial messages;
C. Ensure pedestrian and traffic safety by promoting the free flow of traffic and the protection of pedestrians and motorists from injury and property damage caused by, or which may be fully or partially attributable to, cluttered, distracting, and/or illegible signage; D. Prevent property damage, personal injury, and litter caused by signs that are improperly constructed or maintained;
E. Protect and improve property values, the local economy, and quality of life by preserving and enhancing the appearance of the streetscape; and
F. Provide clear and unambiguous sign design standards that enable the fair and consistent enforcement of these sign regulations; and
G. Ensure that the constitutionally guaranteed right of free speech is protected.

17.27.020 Sign Definitions
A-Frame sign. A portable pedestrian-oriented sign that is not permanently affixed to a structure or the ground. May be known as an Upright Sign or Sandwich Board Sign.

Balloon. A brightly colored bag made of flexible material, inflated with air or other gas, and sealed, often to make it rise in the air.

Balloon Bobber. A reusable pre-formed balloon with regular air made of a durable PVC vinyl that does not need to be inflated, and typically attached to a short pole.

Building Element. The maximum lineal dimension of an exterior wall, excluding canopies and projections, measured on a straight line parallel to the site’s street frontage.

Building Frontage. A building frontage is the building façade that directly abuts a public street, private street, parking lot driveway, parking spaces, pedestrian mall, arcade, or walkway. The primary business frontage is one which contains a customer entrance or which includes a glass-enclosed showroom facing the street. If a building has more than one business, frontage is that portion of a building, which faces a street, parking lot, pedestrian mall, arcade or walkway. The primary business Agenda Item #10.6.

Part IV: Citywide Standards
August 2023 Public Hearing Draft | St. Helena Zoning Code | Part IV, Page 35 frontage is one which contains a customer entrance or which includes a glass-enclosed showroom facing the street.

Channel Letters. Three dimensional, individually manufactured letters or figures with an open back which may contain a light source to provide light onto the sign background against which the channel letters are silhouetted. See also reverse pan channel letters.

Commercial Message. A message conveyed by any sign that is solely intended to interest, entice, or solicit any person to participate in commercial transactions with a business, including offers of goods, cash, discounts on products or services, or other items, including the offering of free goods or services made in exchange for or with the intent to induce the recipient’s willingness to receive information relating to a possible commercial transaction.

Encroachment. The extension of any sign over a public right-of-way or private access way.

Flag. A fabric sheet of square, rectangular, or triangular shape that is typically mounted on a pole.

Fluorescent Colors. The range of colors created through a synthetic pigmentation process in which ultraviolet light is absorbed and emitted at a different range within the color spectrum of the individual colors.

Fully Shielded. Light fixture or luminous tube constructed and mounted such that all light emitted by the fixture or tube, either directly from the lamp, tube, or a diffusing element, or indirectly by reflection or refraction from any part of the light fixture, is projected below the horizontal. If the lamp or tube, any reflective surface, or lens cover (clear or prismatic) is visible when viewed from above or directly from the side, from any angle around the fixture or tube, the fixture or tube is not fully shielded.

Historical Plaque. A sign that memorializes a person, event, building, former use of a place, or something else of historical significance.

Illumination, External. Illumination resulting from the face of the sign reflecting light from an external light source intentionally directed upon it.

Illumination, Halo. A form of sign illumination in which neon tubing, LED, or similar lights are mounted within the letter to illuminate the mounting surface causing a halo of light around the letter Illumination, Internal. A form of sign illumination that includes single-color LED signs, signs constructed with pan channel letters (but not reverse pan channel letters), or indirect illuminated pan channel letters on an unlit or otherwise indistinguishable background on a freestanding sign or building wall.

Landscape Area. For purposes of sign regulation, an area surrounding the base of a freestanding sign, and containing living plant materials with or without a fixed border.

Laser Light Display. A display that emits light through the use of a laser beam(s).

LED (Light Emitting Diode). A semiconductor diode that emits light when a voltage is applied to it.

Maintenance. The upkeep of signs, and their support structures, in a condition of good repair. This includes the replacement or repainting of sign faces which have been damaged or have otherwise lost their ability to convey the message intended. Maintenance does not include the changing of location, orientation, size, or height of a sign.

Multi-tenant Building. A building in which two or more separate and independently owned, rented, leased, or operated occupancies are contained.

Agenda Item #10.6.

Part IV: Citywide Standards
Part 1V, Page 36 | St. Helena Zoning Code | August 2023 Public Hearing Draft Neon. An illumination source created when a glass tube filled with neon or other similar gas emits light when energized. The tube can be bent to form letters, symbols, or other shapes.

Nonprofit. Any person(s), partnership, association, corporation or other group whose activities are conducted for unselfish, civic, or humanitarian motives, or for the benefit of others, and not for the gain of any private individual or group and may include, patriotic, philanthropic, social service, welfare, benevolent, educational, civic, fraternal, cultural, charitable, scientific, historical, athletic, or medical activities.

Noncommercial Message. Any copy that communicates a message that is not a commercial message.

A noncommercial message does not directly or indirectly name, draw attention to, or advertise a business, product, good, service, or other commercial activity, or propose a commercial transaction.

Pan Channel Letters. A specific type of sign letter consisting of a metal pan enclosure fabricated in the shape of a letter, numeral, or other shape in which the metal pan enclosure is used to house the lighting and electrical components of the letter and can be mounted directly to a wall. The sign face is usually made of colored plastic attached to the metal pan so that the letters are illuminated and to seal it off from pests and harsh weather.

Primary Frontage. The side of a building facing a street or, in the case of a building having more than one side facing a street, the side so designated by planning department staff.

Professionally Crafted or Painted Sign. A temporary or permanent sign that is made to a high standard by a competent individual(s) skilled in sign design, fabrication, and installation.

Raceway. An enclosed conduit for electrical wiring.

Reverse Pan Channel Letter. A specific type of sign letter consisting of a metal pan enclosure fabricated in the shape of a letter, numeral, or other shape in which the metal pan enclosure is used to house the lighting and electrical components of the letter and can be mounted directly to a wall.

The sign face is made of the same solid opaque materials as the sides of the letters so that the front and sides of the sign letters do not emit light.

Roof line. The top edge of a roof or building parapet, whichever is higher, excluding any cupolas, pylons, chimneys, or minor projections.

Search Lights. Lights which disappear and reappear at periodic intervals, or are intermittently on and off, and which are placed so as to attract vehicular traffic with emphasis on the recurrence of lights.

Secondary Frontage. The sides of a building other than the primary frontage, which are visible from a public right-of-way or from adjacent private property or which provide secondary access to the use or activity.

Sign. A permanent or temporary structure, device, figure, display, message, placard or other contrivance, or any part thereof, situated outdoors or indoors, which is designed, constructed, intended or used to advertise, provide information in the nature of advertising, provide historical, cultural, archeological, ideological, political, religious, or social information, or direct or attract attention to an object, person, institution, business, product, service, message, event or location by any means, including words, letters, figures, designs, symbols, fixtures, colors, or illumination.

Sign Area. Area enclosed in the frame of the sign as measured from the outside of the frame and following the contour of the frame. In those instances where a sign is painted or otherwise affixed or attached to a wall or similar structure or portion thereof, the area of a sign shall be computed by Agenda Item #10.6.

Part IV: Citywide Standards
August 2023 Public Hearing Draft | St. Helena Zoning Code | Part IV, Page 37 measuring the overall length and width of the message. This computation shall also be utilized when raised or freestanding letters are affixed or attached to a structural surface.

Sign Face. The exterior surface of a sign, exclusive of structural supports, on which is placed the sign copy.

Sign, Abandoned. Sign that identifies a business, lessor, owner, product, service, or activity that is no longer on the premises where the sign is displayed.

Sign, A-Frame. A temporary pedestrian-oriented sign constructed with two sides attached at the top allowing the sign to stand in an upright position and with the sign display areas attached to the side supports (also known as a Sandwich Board Sign or an Upright Sign).

Sign, Awning. Any permanent sign that is part of or attached to an awning, or other fabric, plastic or structural protective cover located over a door, entrance, window, storefront, or outdoor service area.

Sign, Bandit. Any sign that is placed on public or private property without the consent of the property owner or as authorized in Chapter 17.27, Signs.

Sign, Billboard. A permanent structure for the display of a commercial or non-commercial message.

Sign, Blade. A permanent sign mounted to the wall of building by means of a bracket and which is typically hung perpendicular to the wall of the building.

Sign, Building Identification. A sign consisting of letters or numbers applied to a building wall, engraved into the building material or consisting of a sculptural relief which contains the name of the building or describes its function, but which does not advertise any individual tenant of the building or any products or services offered.

Sign, Building Mounted. A permanent sign attached, connected, painted, or erected on the wall, parapet, or fascia of a building or structure.

Sign Cabinet. A permanent building-mounted or freestanding sign with its text and/or logo symbols and artwork on a translucent face panel that is mounted within a metal frame or cabinet either that contains the lighting fixtures which illuminate the sign face from behind.

Sign, Canopy. A permanent sign that is painted, or mounted to a canopy, typically used to accent building entries.

Sign, Commemorative. Any sign containing words or figures commemorating a historical, cultural, or artistic event or location.

Sign, Copy. Any graphic, word, numeral, symbol, insignia, text, sample, model, device, or combination that is primarily intended to advertise, identify, or notify.

Sign, Directional. A permanent sign erected to inform the viewer of the approximate route, direction, or location of a facility or tenant.

Sign, Directory. A permanent sign on a multi-tenant site or building providing information including a list of tenants and occupants, addresses, and suite numbers or a map of the building or complex.

These signs are typically internal to a center, oriented to pedestrians, or motorists circulating in a parking lot rather than vehicles travelling on a public street.

Sign, Electronic Message. A permanent sign or portion of a sign that utilizes computer-generated messages or some other electronic means of changing its characters, letters, numbers, illustrations, Agenda Item #10.6.

Part IV: Citywide Standards
Part 1V, Page 38 | St. Helena Zoning Code | August 2023 Public Hearing Draft display, color, and/or light intensity, including animated graphics and video, by electronic or automatic means. An Electronic Message Sign is not a Single- or Two-Color LED Sign.

Sign, Feather Banner. A temporary sign that is taller than it is wide and made of a flexible material (typically cloth, nylon, or vinyl) and mounted to a pole.

Sign, Freestanding. A permanent sign that is erected or mounted on its own self-supporting permanent structure or base detached from any supporting elements of a building.

Sign, Fuel Pump Topper. A temporary sign affixed to the top of an operable fuel dispensing pump used to advertise goods offered for sale on the same parcel on which the fuel pump is located.

Sign, Government. Any sign, posting, notice or similar signs placed, installed, or required by law by a city, county, or a federal or state governmental agency in carrying out its responsibility to protect the public health, safety, and welfare.

Sign, Incidental. A sign which provides incidental information, including security, credit card acceptance, business hours, directions to services and facilities, or menus.

Sign, Individual Letter. A cut-out or etched letter or logo which is individually mounted on a building wall, or freestanding permanent sign.

Sign LED. A permanent or temporary sign consisting of light emitting diodes (electronic components that let electricity pass in only one direction) that emit visible light when electricity is applied.

Sign, Monument. A permanent freestanding sign, with a solid base that is equal to or larger than the width of the sign face.

Sign, Non-Conforming. Any sign legally established prior to the Effective Date that does not fully comply with the standards imposed by the individual Sections of this Code.

Sign, Off-Premise. Any sign for a business, commodity, service, entertainment, product, structure, use or property that is different from a structure or use existing on the property where the sign is located. Includes any sign on which space is rented, donated, or sold by the owner of said sign or property for the purpose of conveying a message.

Sign, On-Premise. Any sign directing attention to a business, commodity, service, or offered upon the same premises as those upon which the sign is maintained.

Sign, Painted Wall. A permanent or temporary sign painted directly onto the exterior wall of a building and having no sign structure.

Sign, Pennant. A temporary sign made of flexible materials and usually longer than it is wide, often triangular in shape, and frequently displayed with other pennants on a string.

Sign, Permanent. A sign constructed of durable materials and intended to exist for the duration of time that the use or occupant is located on the premises.

Sign, Post. A permanent sign mounted on either a single post or two or more posts.

Sign, Prohibited. Any sign not in accordance with or authorized in Chapter 17.27, Signs.

Sign, Projecting. A permanent sign that is perpendicular to the face of a building and projects outward from the building face.

Sign, Raised Letter. A sign containing copy, logo, and/or decorative embellishments in relief on the face.

Agenda Item #10.6.

Part IV: Citywide Standards
August 2023 Public Hearing Draft | St. Helena Zoning Code | Part IV, Page 39 Sign, Roof. Any permanent sign erected, painted, or attached to the sloped surface of a mansard or hip roof of a building. Excludes signs mounted on the top of a building’s roof.

Sign, Service Island Canopy. A sign mounted on the fascia of a service island canopy.

Sign, Single-Color or Two-Color LED. A permanent or temporary sign or portion of a sign composed of single-color or two-color LEDs that displays static or changeable sign messages using characters, letters, and numbers only. Examples of these signs include, “open” or “closed” signs”, ”time and temperature “ signs, “gas station price signs”, or signs indicating the number of available spaces in a parking facility.

Sign, Spinner. A lightweight, durable, and colorful device designed to be affected by the movement of air so that it spins or rotates in a manner to capture attention.

Sign Structure. The supports, uprights, bracing, and/or framework of a sign.

Sign, Temporary. A sign constructed of paper, cloth, vinyl, fabric, or similar material, which is intended for a definite and limited period of display and which is not permanently affixed to a structure, sign area, or window.

Sign, Upright. A pedestrian oriented sign that is not permanently affixed to a structure or the ground to advertise special goods, services, or products offered on the site.

Sign, Vehicle. Any sign on or affixed to a truck, van, automobile, trailer, or other vehicle.

Sign, Wall. A permanent sign affixed to or erected against the wall or fascia of a building or structure, with the exposed face of the sign parallel to the plane of the wall or the fascia to which it is affixed or erected.

Sign, Wall Banner. A temporary sign and constructed of cloth, bunting, plastic, paper, or similar nonrigid material, and securely attached to the wall or support structure for which it is advertising.

Flags are not considered temporary wall banners.

Sign, Walker. A person who wears, holds, or balances a sign.

Sign, Window. A permanent or temporary sign posted, painted, placed, or affixed in, on, or within a window, or otherwise exposed to public view through a window.

Sign, Yard, Type I. A small temporary sign typically constructed of corrugated plastic and supported on either an H-shaped wire frame or mounted so as to swing between two pairs of support legs, used for example, for advertising by local businesses or by election campaigns (Synonym: Lawn Sign). A type I yard sign is not an A-frame sign.

Sign, Yard, Type II. A temporary sign mounted on a single post installed securely in the ground with a small sign hanging from a cross bar mounted parallel to the ground.

Sign, Yard, Type III. A large temporary typically wooden sign mounted on two posts installed securely in the ground.

Static Display. A sign face that does not change within a 24 hour period.

Valance. The vertical front face of an awning that is parallel to the face of the building to which it is mounted.

Agenda Item #10.6.

Part IV: Citywide Standards
Part 1V, Page 40 | St. Helena Zoning Code | August 2023 Public Hearing Draft

17.27.030 Applicability
A. This Chapter applies to all signs within the City regardless of their nature or location, unless otherwise specifically exempted in Section 17.27.030.F.

1. Standards for permanent signs are found in Section 17.27.090, Standards for Permanent Signs.

2. Standards for temporary signs are found in Section 17.27.100, Standards for Temporary Signs.

B. The provisions of this Chapter shall be applied in a content-neutral manner.

Noncommunicative aspects of all signs, not related to the content of the sign, shall comply with the provisions of this Chapter. “Non-communicative aspects” include the time, place, manner, location, size, height, illumination, spacing, and orientation of signs.

C. Nothing in this Chapter shall be construed to prohibit a person from holding a sign while picketing or protesting on public property that has been determined to be a traditional or designated public forum, so long as the person holding the sign does not block ingress and egress from buildings, create a safety hazard by impeding travel on sidewalks, in bike or vehicle lanes, or on trails, or violate any other reasonable time, place, and manner restrictions adopted by the City.

D. Substitutions and Interpretations.

1. This Chapter is not intended to, and does not, restrict speech on the basis of its content, viewpoint, or message. No part of this Chapter shall be construed to favor commercial speech over non-commercial speech. A non-commercial message may be substituted for any commercial or non-commercial message displayed on a sign, or the content of any non-commercial message displayed on a sign may be changed to a different noncommercial message, without the need for any approval or permit, provided that the size of the sign is not altered and the sign otherwise complies with the provisions of this Chapter. To the extent any provision of this Chapter is ambiguous, the term will be interpreted not to regulate on the basis of the content of the message.

2. This Chapter applies to all signs within the City.

3. When there is any question regarding the interpretation of a provision of this Chapter, or its application to any specific case or situation, the Community Development Director shall interpret the intent of this Chapter.

4. All regulations included in this Chapter shall apply unless a master sign program is approved by the Community Development Director; see Section 17.27.060, Sign Program. Entry into agreement between the City and a developer for a master sign program may supersede this Chapter except for matters of public safety.

E. Conflicting Regulations. Exceptions to this Chapter may be made for signs subject to federal or state government regulations that may be in conflict with this Chapter.

F. Exempt Signs. The following are not regulated under this Chapter, do not count toward the maximum total sign area for all permanent signs, and do not require a Sign Permit:

Agenda Item #10.6.

Part IV: Citywide Standards
August 2023 Public Hearing Draft | St. Helena Zoning Code | Part IV, Page 41

1. Government Signs. Any sign, posting, notice or similar signs placed, installed, or required by law by a city, county, or a federal or state governmental agency in carrying out its responsibility to protect the public health, safety, and welfare, including the following:
a. Numerals and letters identifying an address from the street to facilitate emergency response and compliant with City requirements; b. Emergency and warning signs necessary to warn of dangerous and hazardous conditions and that serve to aid public safety or civil defense; c. Traffic signs erected and maintained by an authorized public agency; d. Signs required to be displayed by any applicable federal, state, or local law, regulation, or ordinance;
e. Signs directing the public to points of interest;
f. Signs showing the location of public facilities; and g. Signs identifying the department service or location of City facilities and operations subject to the location and size limitations in this Chapter.

2. Incidental signs. Incidental signs not to exceed a total of three-square feet in sign area for all permanent signs in all single-family residential zoning districts and six square feet in all other zoning districts;

3. Signs not readable from the public right-of-way. Signs not readable from the public right-of-way, including:
a. Signs or displays located entirely inside of a building, within a courtyard, openair pedestrian space or similar open area and not visible from the building’s exterior;
b. Signs intended to be readable from within a parking area or City park but not readable beyond the boundaries of the lot or parcel upon which they are located or from any public right-of-way; and

4. Historic Plaques and Commemorative Signs. Historic plaques, memorial signs or tablets either attached to or cut into the surface of buildings, provided that no such sign exceeds two square feet in area.

17.27.040 Minor Sign Permit
A. Purpose. The purpose of the Minor Sign Permit is to allow for ministerial review and approval of certain signs to ensure compliance with the applicable provisions of this Zoning Code.

B. Applicability.

1. The Minor Sign Permit applies to all new signs, additions to signs, alterations of a sign, or replacement of a sign allowed by Chapter 17.27, Signs, excluding illuminated signs.

2. It shall be unlawful for any person to erect, place, display, alter, repair, or relocate a permanent sign without first obtaining approval for a Minor Sign Permit from the Community Development Director.

Agenda Item #10.6.

Part IV: Citywide Standards
Part 1V, Page 42 | St. Helena Zoning Code | August 2023 Public Hearing Draft

3. A Minor Sign Permit is not required for the following:
a. Changes to the face or copy of an existing single-tenant or multi-tenant freestanding or building mounted sign from one business to another with no structural or lighting modifications to the sign; and
b. The normal repair and maintenance of conforming or legal nonconforming signs.

C. Application. An application for a Minor Sign Permit shall be prepared, filed, and processed in compliance with Section 17.04.020, Application Process.

D. Notice of Action, Appeals, Expiration, Extensions, and Modifications

1. Planning Commission Review. The Community Development Director may require Planning Commission approval of a Minor Sign Permit if it is determined there are special or unusual circumstances associated with the sign application.

2. Notice of Action. Notice of Action shall be provided pursuant to Section 17.04.100, Timing and Notice of Action.

3. Appeals. A decision of the Community Development Director may be appealed to the Planning Commission as provided in Chapter 17.12, Procedures for Appeals.

4. Expiration, Extensions and Modifications. Minor Sign Permits may only be extended or modified as provided for in Section 17.04.140, Extension of Permits and Approvals, and Section 17.04.150, Modifications to an Approval.

E. Inspections. All signs for which a Minor Sign Permit is required are subject to inspection to establish compliance with the provisions of this Chapter as well as the following additional inspections, unless waived in writing by the Chief Building Official:

1. Footing inspections on all freestanding signs, including the addition of additional sign area to existing signs;

2. Electrical inspections for all sign structure(s) prior to placement; and,

3. Final inspection to establish compliance with provisions of this Code and other applicable City Codes.

17.27.050 Major Sign Permit
A. Purpose. This Section establishes the permitting process for signs that require review and approval by the Planning Commission.

B. Applicability. The Major Sign Permit applies to:

1. Internally illuminated signs and permanent signs incorporating neon;

2. Neon signs or single- or two-color LED signs placed in a window (see Table 17.27.090.K:

Standards for Window Signs;

3. Monument signs in the A-20 zoning district (see Table 17.27.090.B: Standards for All Permanent Signs);
Agenda Item #10.6.

Part IV: Citywide Standards
August 2023 Public Hearing Draft | St. Helena Zoning Code | Part IV, Page 43

4. Signs, alterations of a sign, or replacement of a sign not in compliance with the standards of this Chapter, i.e., signs that are larger, signs of a unique design or location, or signs proposed in addition to those otherwise allowed; and

5. A Sign Program that addresses the needs for all businesses within a building with multiple tenants or a planned commercial development (see Section 17.27.060, Sign Programs).

C. Application Requirements.

1. Pre-Application Review. An optional Pre-Application Review with the Community Development Director is recommended for all applications in compliance with the procedures established in Section 17.04.040, Review of Planning Applications.

2. Application. An application for a Major Sign Permit shall be prepared, filed, and processed in compliance with Section 17.04.020, Application Process.

3. Responsibility. It is the responsibility of the applicant to provide information on the proposed sign which support the findings described in subsection E.

D. Public Hearing and Procedures.

1. Public hearings shall be noticed in compliance with Section 17.04.080, Public Hearing Notice.

2. The Planning Commission shall hold a public hearing on a Major Sign Permit application and shall, at the conclusion of the public hearing, approve (with or without conditions) or deny the application in compliance with the provisions of Chapter 17.04, Common Procedures.

E. Findings. In approving a Major Sign Permit, the Planning Commission shall make the following findings:

1. The sign is compatible with the site;

2. The sign materials are consistent with or complement those of the project;

3. The sign reflects the small-town character of St. Helena;

4. The sign will not negatively impact surrounding properties;

5. The sign does not obscure or detract from the architecture of a historic building or structure; and

6. The sign contributes to the historical or architectural character of the community.

F. Notice of Action, Appeals, Expiration, Extensions, and Modifications.

1. Notice of Action. Notice of Action shall be provided pursuant to Section 17.04.100, Timing and Notice of Action.

2. Appeals. A decision of the Planning Commission may be appealed to the City Council as provided in Chapter 17.12, Procedures for Appeals.

3. Expiration, Extensions and Modifications. Sign Permits may only be extended or modified as provided for in Section 17.04.140, Extension of Permits and Approvals and Section 17.04.150, Modifications to an Approval.

Agenda Item #10.6.

Part IV: Citywide Standards
Part 1V, Page 44 | St. Helena Zoning Code | August 2023 Public Hearing Draft

17.27.060 Sign Program
A. A Sign Program is required for all businesses within a multi-tenant building, or other types of planned commercial developments prior to the approval of any signs for an individual business within any of these developments.

B. The Planning Commission shall consider the cumulative visual effect of all signs and may reduce the overall number and/or area of signs allowed for each business or may require that directory signs be used instead of individual signs.

17.27.070 Sign Permits – Temporary Wall Banner Signs
A. Temporary Wall Banner Sign Permit Requirement. It is unlawful for any person to erect, place, display, or relocate a temporary wall banner sign without first obtaining approval for a Temporary Wall Banner Sign Permit from the Community Development Director.

B. Duration of Temporary Wall Banner Sign Permits. The Temporary Wall Banner Sign Permit will be valid for 60 days beginning with the date of issuance, provided the sign is not displayed for more than two weeks at any one time and for not more than four times per year (maximum of eight weeks of temporary signs being displayed per year).

C. Review and Approval.

1. Review. The Community Development Director shall review the Temporary Wall Banner Sign Permit application and supporting documentation for compliance with the standards of Section 17.27.100, Standards for Temporary Signs.

2. Determination. The Community Development Director shall determine whether the Temporary Wall Banner Sign Permit may be issued or if additional information is required from the applicant to complete the permit application. If the Temporary Wall Banner Sign Permit application is denied, the reason shall be stated in writing.

3. Authorization and Substitution. Issuance of a Temporary Wall Banner Sign Permit authorizes the holder to install a temporary wall banner sign(s) in compliance with the terms of the permit.
a. At any time after a Temporary Wall Banner Sign Permit is issued, a new owner, tenant, or lessee of record may be substituted for the original applicant if a record of the new interest is made with the City and the new interest assumes all obligations to be in compliance with the original permit. b. The change of interest shall not imply that any fees paid for the permit will be returned to either the interest which has been replaced or the substitute.

4. Inspections. All signs for which a Temporary Wall Banner Sign Permit is required are subject to inspection to establish compliance with the provisions of Section 17.27.100, Standards for Temporary Signs.

5. Violations. Any Temporary Wall Banner signs installed or displayed without a Temporary Wall Banner Sign Permit are in violation of this Chapter and is grounds for the Community Development Director to issue a correction notice and/or to cause Agenda Item #10.6.

Part IV: Citywide Standards
August 2023 Public Hearing Draft | St. Helena Zoning Code | Part IV, Page 45 removal of the Temporary Wall Banner sign until appropriate permits are obtained (See Section 17.27.120, Enforcement).

17.27.080 General Standards for All Signs
A. Sign Message. Any permitted sign may contain, in lieu of any other message or copy, any lawful non-commercial message, so long as the sign complies with the size, height, area, location, and other requirements of this Chapter.

B. Prohibited Location Standards. All signs may not be placed in the following locations or manner, except where specifically authorized in this Chapter:

1. Architectural Features. Areas where a sign would cover the architectural features of a building, such as dormers, insignias, pilasters, soffits, transoms, trims, or another architectural feature;

2. Accessory Structures. Tacked, painted, pasted or otherwise affixed, to the walls of any building, barn or shed, accessory structure, or on trees, poles, posts, fences, ladders or other structures that are visible from a public way. Permanent signs may be attached to a fence or freestanding wall only when a monument or post sign is not present in the development and must be maximum three square feet in sign area;

3. Clearance Standards. Within the horizontal or vertical clearance standards from communications lines and energized electrical power lines prescribed by the laws of the State of California;

4. Conflict with Traffic Signs. Any location that obstructs the view of any authorized traffic sign, signal, or other traffic control device or which by reason of shape, color, or position interferes with or could be confused with any authorized traffic signal or device;

5. Exits and Entrances. Any sign which is placed in a manner that would prevent or inhibit free ingress to or egress from any door, window, vent, or any exit way required by the Building Code, or by Fire Department regulations (currently in effect);

6. Fuel Tanks, Storage Containers, and Solid Waste Receptacles. Painted, attached or mounted on fuel tanks, storage containers and/or solid waste receptacles or their enclosures, except for a manufacturer’s or installer’s identification, appropriate warning signs and placards, and information required by law;

7. Intersections and Site Visibility Triangle. Any sign erected or maintained at or near any street intersection or within the site visibility triangle as defined in Section

17.24.050, Fences, Walls, and Hedges that will obstruct the free and clear vision of drivers and pedestrians;

8. Obstruction of Pedestrian Ways. Any sign mounted or displayed in such a manner that impede, obstruct or create hazards with respect to pedestrian traffic. A minimum width of four feet must be maintained on sidewalks at all times;

9. Off-premises. Off-premises signs, except those signs approved by a Major Sign Permit to be located on a legal easement for an access way through another property when such access is required for public use;
Agenda Item #10.6.

Part IV: Citywide Standards
Part 1V, Page 46 | St. Helena Zoning Code | August 2023 Public Hearing Draft

10. Public Utilities and Infrastructure. Any sign attached to any public utility pole, structure or streetlight, tree, fence, fire hydrant, bridge, curb, sidewalk, park bench, statue, memorial, or other location on public property, except those signs approved as part of a special event permit on City property or banner signs permitted by the City on light poles within the City;

11. Right-of-Way. Signs located within the public right-of-way including any sign or handbill attached to a utility pole or street sign pole except those required or permitted by federal, State or local law;

12. Vehicles. Mounted, attached, or painted on a trailer, boat, or motor vehicle when parked, stored, or displayed conspicuously on private premises in a manner intended to attract attention of the public for the purpose of advertising or identifying the business premises. This provision excludes signs indicating the name of the owner or business that are permanently painted or wrapped on the surface of the vehicle, adhesive vinyl film affixed to the interior or exterior surface of a vehicle window, or signs magnetically attached to motor vehicles or rolling stock that are actively used in the daily conduct of the business. Vehicles must be operable and parked in a lawful or authorized manner.

C. Prohibited Display Standards. This subsection regulates the manner in which signs convey their messages by specifying prohibited display features that create distractions to the traveling public and create visual clutter that mar the natural and architectural aesthetics of the City. Signs with the following display features are prohibited:

1. Devices Affected by Movement. Any sign animated by any means, including fixed aerial displays, airborne balloons, balloon bobbers, feather banners, pennants, propellers, spinners, streamers, lights, string of flags, tubes or other devices affected by movement of the air or other atmospheric or mechanical means;

2. Exposed Light Source. Any sign with an exposed light source, except for neon LED strip lights incorporated into the design of the sign;

3. Flashing Lights. Any sign or lighting device, whether on the exterior of a building or on the inside of a window which is visible beyond the boundaries of the lot or parcel, or from any public right-of-way, with intermittent, flashing, rotating, blinking, or strobe light illumination, including search lights;

4. Fluorescent Colors. Any sign which uses florescent colors;

5. Rotating Signs and Barber Poles. Any sign in which the sign body or any portion of the sign body or any portion of the sign rotates, moves up and down, or any other type of action involving a change in position of the sign body or any portion of the sign, whether by mechanical or any other means. Barber poles no larger than three feet high and 10 inches in diameter, and clocks, are excepted from this restriction;

6. Visible Matter and Motion Picture Projection. Any sign which emits sound, odor, smoke, laser light display, hologram lights, or other visible matter, including any sign that uses motion picture projection.

Agenda Item #10.6.

Part IV: Citywide Standards
August 2023 Public Hearing Draft | St. Helena Zoning Code | Part IV, Page 47 D. Prohibited Sign Types. The following signs are prohibited within the City:

1. Any sign which advertises a business that is a prohibited use or no longer in existence or a product or service no longer being sold, except landmark signs;

2. Bandit signs;

3. Billboards;

4. Cabinet signs;

5. Electronic message signs;

6. Pan channel letter signs;

7. Roof signs;

8. Sign walkers;

9. Signs which bear or contain statements, words, or pictures of an obscene nature;

10. Stuffed or inflated animals or characters used as signs; and

11. Any signs not specifically allowed in this Chapter.

E. Rules of Measurement.

1. Sign Area Measurement. Sign area is measured as follows:
a. Signs on Background Panel. Where the sign copy is mounted, affixed, or painted on a background panel or distinctively painted, textured, or constructed surface, the sign area is measured as the sum of the smallest rectangle(s) that will enclose both the sign copy and the background, as shown in Figure

17.27.080.A.

Figure 17.27.080.A: Signs on Background Panel
b. Signs with Individual Letters. Where the sign has individual letters or graphics mounted against a wall, fascia, mansard, parapet, or other building surface that has not been distinctively painted, textured or constructed as a Agenda Item #10.6.

Part IV: Citywide Standards
Part 1V, Page 48 | St. Helena Zoning Code | August 2023 Public Hearing Draft background panel, the sign area is measured as the smallest rectangle(s) that will enclose each word and each graphic in the sign as shown in Figure

17.27.080.B.

Figure 17.27.080.B: Signs with Individual Letters
c. Irregular Shaped Signs. Sign area for irregular shaped signs is determined by dividing the sign into the smallest squares or rectangles that will enclose each word or graphic in the sign as shown in Figure 17.27.080.C. If the square or rectangles overlap, the area of overlap is subtracted from the total sign area.

Figure 17.27.080.C: Irregular Shaped Signs
d. Multi-Face Signs. The sign area for multi-face signs, as shown in Figure

17.27.080.D, are measured as follows:
i. Two-Face Signs. Where the interior angle between the two sign faces is 45 degrees or less and the sign faces are less than 42 inches apart, the sign area is measured as the area of one sign face only. Where the angle between the two sign faces is greater than 45 degrees, the sign area is the sum of the areas of the two sign faces.
ii. Three- or Four-Face Signs. The allowable sign area is measured as 50 percent of the sum of the areas of all sign faces.

Agenda Item #10.6.

Part IV: Citywide Standards
August 2023 Public Hearing Draft | St. Helena Zoning Code | Part IV, Page 49 Figure 17.27.080.D: Multi-Face Signs

2. Sign Height Measurement.
a. Freestanding Signs. Sign height for freestanding signs is measured as the vertical distance from the finished grade to the top of the sign.

Figure 17.27.080.E: Freestanding Sign Height
i. Higher Than Adjacent Grade. Where the grade at the base of a sign is higher than the grade of the adjacent road right-of-way, sign height is measured from the base of the sign, as shown in Figure 17.27.080.F.

Agenda Item #10.6.

Part IV: Citywide Standards
Part 1V, Page 50 | St. Helena Zoning Code | August 2023 Public Hearing Draft Figure 17.27.080.F: Freestanding Sign Height, Higher Than Adjacent Grade ii. Lower Than Adjacent Grade. Where the grade at the base of a sign is lower than the grade of an adjacent road right-of-way, the height of the sign is measured from the top of curb elevation, as shown in Figure

17.27.080.G (the portion of the sign below the grade at the edge of the right of way shall not be included in determining the sign’s overall height).

Figure 17.27.080.G: Freestanding Sign Height, Lower Than Adjacent Grade b. Wall Signs. The height of building-mounted signs is the vertical distance measured from the base of the wall on which the sign is located to the top of the sign structure, as shown in Figure 17.27.080.H.

Agenda Item #10.6.

Part IV: Citywide Standards
August 2023 Public Hearing Draft | St. Helena Zoning Code | Part IV, Page 51 Figure 17.27.080.H: Wall Sign Height

3. Building Frontage.
a. The wall length and sign area shall be calculated separately for buildings with two or more frontages.
b. Projections and recesses on a building wall may not exceed 10 feet for a continuous building frontage.

F. Sign Illumination.

1. Internal Illumination.
a. Internally illuminated signs include single- or two-color LED signs, signs constructed with reverse pan channel letters (i.e. indirect halo illuminated channel letters) on an unlit or otherwise indistinguishable background on a freestanding sign or building wall.
b. Internally illuminated signs shall be illuminated only with steady, stationary, light sources.

2. External Illumination.
a. Externally illuminated signs shall be illuminated only with steady, stationary, fully shielded light sources directed solely onto the sign without causing glare. b. The light source for externally illuminated signs shall be arranged and shielded to substantially confine all direct light rays to the sign face and away from streets and adjacent properties as illustrated in Figure 17.27.080.J.

Agenda Item #10.6.

Part IV: Citywide Standards
Part 1V, Page 52 | St. Helena Zoning Code | August 2023 Public Hearing Draft Figure 17.27.080.J: External Illumination

3. Neon.
a. Exposed neon sign lighting on permanent signs is only allowed in the CB, MU and I zoning districts subject to review and approval by the Planning Commission.
b. Each business is only allowed one neon sign and it must be placed on the primary frontage of the building.
c. Neon is allowed on no more than 25 percent of the total sign area of a permanent building mounted sign.
d. Neon signs placed in a window are included in the total sign area limitations for all window signs (Refer to Table 17.27.090.K: Standards for Window Signs). e. Neon signs must be turned off daily at the close of business or 10:00 pm, whichever occurs last.

4. Single-Color or Two-Color LED Signs.
a. Single color or two-color LED signs are only allowed in commercial and industrial zoning districts subject to review and approval by the Planning Commission.
b. Single-color or two-color LED signs are exempt from the sign area limitations for wall signs and window signs established in Table 17.27.090.J: Standards for Wall Signs, and Table 17.27.090.K: Standards for Window Signs. c. Any individual single-color or two-color LED sign must not exceed two square feet in area and must be max. four square feet in total. d. Single-color or two-color LED signs must be turned off daily at the close of business or 10:00 pm, whichever occurs last.

G. Sign Structure and Installation.

1. The installation of signs shall be enforced and administered by the Chief Building Official. All signs and sign structures must be designed to comply with the provisions Agenda Item #10.6.

Part IV: Citywide Standards
August 2023 Public Hearing Draft | St. Helena Zoning Code | Part IV, Page 53 of this Chapter, the applicable provisions of Title 15, Building and Construction, and constructed to withstand wind loads, dead loads, and lateral forces. a. Any angle iron, bracing, guy wires, or similar features used to support a sign shall not be visible to the extent technically feasible. b. Where electrical service is provided to freestanding signs or landscape wall signs, the electrical service shall be placed underground and concealed.

Electrical service to building mounted signs, including conduit, housings, and wire, shall be concealed or, when necessary, painted to match the surface of the structure upon which they are mounted. A building permit shall be issued prior to installation of any new signs requiring electrical service. c. All permanent signs allowed by this Chapter shall be constructed of durable materials capable of withstanding continuous exposure to the elements and the conditions of a built-up environment, and shall be permanently attached to the ground, a building or another structure by direct attachment to a rigid wall, frame, or structure.

2. Raceway, as illustrated in Figure 17.27.080.K, shall only be used in building mounted signs when access to the wall behind the sign is not feasible, or when the Community Development Director determines that a benefit exists to preserve a historic or architectural feature of a building. In such cases, the raceway shall not extend in width and height beyond the area of the sign and shall match the color of the building to which it is attached.

Figure 17.27.080.K: Raceway

3. Signs shall be designed so that the support frameworks for the sign are an integral part of the design of the sign or within the structure of the building to which it is attached in such a manner as to not be visible.

Agenda Item #10.6.

Part IV: Citywide Standards
Part 1V, Page 54 | St. Helena Zoning Code | August 2023 Public Hearing Draft H. Sign Maintenance.

1. All signs must be maintained by the property owner, tenant, or permittee. In the event a sign becomes derelict for reasons of lack of maintenance the approval may be revoked and the sign subject to abatement.

2. All signs together with their supports and appurtenances shall be maintained in good structural condition, in compliance with applicable Building and Electrical Codes, and in conformance with this Chapter. Maintenance of a sign includes periodic cleaning, replacement of flickering, burned out or broken light bulbs or fixtures, repair or replacement of any faded, peeled, cracked, or otherwise damaged or broken parts of a sign, and any other activity necessary to restore the sign so that it continues to comply with the requirements and contents of the sign permit issued for its installation and provisions of this Chapter.

3. All signs and supporting structures shall be kept in repair and in proper state of preservation. The display surfaces of all signs shall be kept neatly painted and clean.

The immediate surrounding premises shall be maintained free of weeds and rubbish.

The Community Development Director is authorized to order the painting, cleaning or repair of signs which become dilapidated and the cleaning of the immediate premises.

Such maintenance shall be completed within 30 days of receiving written notice.

4. Required landscaped areas contained by a fixed border, curbed area, wall, or other perimeter structure shall receive regular repair and maintenance. Plant materials that do not survive after installation in required landscape areas are required to be replaced within three months.

5. The Chief Building Official has the authority to order the repair, maintenance, or removal of any sign or sign structure that has not been maintained and is dangerous or in disrepair, or which is erected or maintained contrary to the requirements of this Section.

6. Failure to maintain a sign constitutes a violation of this Chapter and will be subject to enforcement action, in which case the Chief Building Official may order the removal of any sign that is determined to be in disrepair or dangerous.

7. Any owner of a sign victimized by graffiti shall remove, repair, or repaint sign(s) within 10 days of the graffiti being applied or within 10 days of notification by the Planning Building Director, whichever event comes first, or the sign shall be subject to removal by the City at the owner's expense.

17.27.090 Standards for Permanent Signs
A. Applicability.

1. This Section establishes the standards for permanent building-mounted and freestanding signs that are applicable in all zoning districts as provided in Table

17.27.090.A: Allowed Sign Types by Zoning Districts. Standards for each allowed sign type are provided in Table 17.27.090.C to Table 17.27.090.O. All permanent signs must comply with the standards for sign area, height, number, type, and the other requirements provided in these tables.

Agenda Item #10.6.

Part IV: Citywide Standards
August 2023 Public Hearing Draft | St. Helena Zoning Code | Part IV, Page 55

2. A sign type not specifically included in this Section may be allowed by the Community Development Director provided the sign meets the intent of the zone in which it is proposed.

Agenda Item #10.6.

Part IV: Citywide Standards
Part 1V, Page 56 | St. Helena Zoning Code | August 2023 Public Hearing Draft Table 17.27.090.A: Allowed Sign Types by Zoning Districts Sign Type
LR/
LR1A
MR HR MU CB SC BPO I A-20 W WW 1 PQP PR OS
“•” = Permitted; “―” = Not Permitted
Building-Mounted Signs
Awning
Sign − − − • • • • − − • − • − −
Blade Sign − − − • • • • − − • − • − −
Canopy
Sign − − − • • • • − − − − • − −
Directional
Sign − • • • • • • • • • • • • •
Directory
Sign − • • • • • • • • • • • • −
Projecting
Sign − − − • • • − • − − − − − −
Service
Island
Canopy
Sign
− − − − • • • • − − − − − −
Wall Sign 2 • • • • • • • • • • • • • −
Window
Sign 2 − − − • • • • • − • − • − −
Freestanding Signs
Directional
Sign − − • • • • • • • • • • • −
Directory
Sign − • • • • • • • • • • • • •
Monument
Sign − • • • • • • • • 3 • • • − −
Post Sign • • • • • • • • • • • • − −
End Notes:
1 All signs in the WW zoning district shall be non-illuminated. 2 Neon is only allowed on wall mounted signs and window signs in the CB, MU, and I zoning districts. Refer to subsection 17.27.080.F.3.
3 Monument signs in A-20 require a Major Sign Permit as established in Section 17.27.050, Major Sign Permit.

B. Standards for Permanent Building-Mounted and Freestanding Signs.

Agenda Item #10.6.

Part IV: Citywide Standards
August 2023 Public Hearing Draft | St. Helena Zoning Code | Part IV, Page 57

1. The maximum total area for all building-mounted and freestanding signs is established in Table 17.27.090.B: Standards for All Permanent Signs.

2. The area of all signs mounted on a building is included in the maximum total sign area per business or development, except when specifically exempted.

3. All permanent building-mounted and freestanding signs must comply with the corresponding sign type standards provided in Tables 17.27.090.C to Table

17.27.090.O.

Agenda Item #10.6.

Part IV: Citywide Standards
Part 1V, Page 58 | St. Helena Zoning Code | August 2023 Public Hearing Draft Table 17.27.090.B: Standards for All Permanent Signs
Zoning
Districts
Max. Sign Height,
Building-Mounted
Max. Sign Height,
Freestanding Total Sign Area per Business or Development “sf” = square feet; “lf” = linear feet
LR, A-20 1 8 ft 5 ft
LR: Max. 4 sf
A-20: Max. 6 sf
MR 8 ft 5 ft Max. 16 sf
HR 8 ft 5 ft Max. 20 sf
MU, CB
20 ft 8 ft
Max. 1.0 sf per linear foot of business frontage; not to exceed 40 sf for the primary frontage and 20 sf for
secondary frontage
SC, I 2 20 ft 10 ft Primary frontage: Max. 60 sfSecondary frontage Max. 20 sf BPO
20 ft 10 ft Primary frontage: Max. 40 sf
Secondary frontage: Max. 20 sf
W, WW
8 ft 5 ft Primary frontage: Max. 20 sf
Secondary frontage: Max. 20 sf
PQP, PR, OS 1 12 ft 6 ft Primary frontage: Max. 20 sfSecondary frontage: Max. 20 sf Notes:
1 The Community Development Director may grant by Minor Use Permit an increase in the maximum total sign area for all permanent signs in these zoning districts for public parks and recreation facilities, public schools, governmental facilities, public cultural facilities, and nonprofit hospitals. 2 The Planning Commission may approve signs that exceed the height, size, and number of signs specified in the SC and I zoning districts for properties located along Main Street where the visibility of the sign is impaired due to any one of the following:

A) The building is set back from the street for a distance of 50 feet or more; B) The visibility of the building is obscured;
C) The speed limit on Main Street is greater than 35 miles per hour; or D) A sign meeting the standards of this Chapter world create a safety hazard by obscuring the vision of vehicles exiting the property.

C. Standards for Permanent Building-Mounted Signs

1. Awning Sign. Awning signs must comply with the standards provided in the table below.

Agenda Item #10.6.

Part IV: Citywide Standards
August 2023 Public Hearing Draft | St. Helena Zoning Code | Part IV, Page 59 Table 17.27.090.C: Standards for Awning Signs
Standards MU and CB SC, BPO, W, and PQP
“sf” = square feet; “lf” = linear feet
Sign Area
Max. 0.5 sf per lf of awning width Max. 1 sf per lf of awning width Included in the total allowable sign area for all building-mounted signs (see Table 17.27.090.B).

Mounting Height
Min. 7 ft 6 inches from the bottom of the awning to the nearest grade or sidewalk.

Max. 20 ft.

Sign Placement
Must only be placed above the doors and windows of the ground floor.

Sign width must not be greater than 40% of the width of the awning face or valance on which it is displayed.

May project into public right-of-way with approval of an Encroachment Permit.

Valance Height Max. 9 in.

Horizontal Distance from
Back of Curb Min. 2 ft.

Illumination Non-illuminated.

Agenda Item #10.6.

Part IV: Citywide Standards
Part 1V, Page 60 | St. Helena Zoning Code | August 2023 Public Hearing Draft

2. Blade Sign. Blade signs must comply with the standards provided in the table below.

Table 17.27.090.D: Standards for Blade Signs
Standards MU, CB, SC, BPO, W, and PQP
“sf” = square feet; “lf” = linear feet
Sign Area
Max. 4 sf per side.

Included in the total allowable sign area for all building-mounted signs (see Table 17.27.090.B).

Mounting Height
Min. 7 ft 6 inches from the bottom of the sign to the nearest grade or sidewalk.

Must be mounted perpendicular to the building face or at the corner of the building.

Number of Signs Max. 2 signs; 1 sign per frontage.

Sign Placement
Sign must not extend beyond the edge of the structure on which it is located if mounted below the walkway or overhead structure.

May project into public right-of-way with approval of an Encroachment Permit.

Horizontal Distance from
Back of Curb Min. 2 ft.

Illumination Non-illuminated, internal illumination, or external illumination.

Agenda Item #10.6.

Part IV: Citywide Standards
August 2023 Public Hearing Draft | St. Helena Zoning Code | Part IV, Page 61

3. Canopy Sign. Canopy signs must comply with the standards provided in the table below.

Table 17.27.090.E: Standards for Canopy Signs
Standards MU, CB, SC, BPO, and PQP
“sf” = square feet; “lf” = linear feet
Sign Area Max.1 sf per linear foot of canopy width.

Sign Height Min. 7 ft 6 inches from the bottom of the canopy to the nearest grade or sidewalk; Max. 20 ft.

Number of Signs 1 per business frontage.

Sign Placement
Must be placed above the doors and windows of the ground floor of a building.

Sign width must not be greater than 60% of the width of the canopy on which it is displayed.

If a canopy is placed on multiple store fronts, each business is permitted signage no greater than 60% of the store width or tenant space.

May project into public right-of-way with approval of an Encroachment Permit.

Horizontal Distance from
the Edge of the Canopy to
Back-of-Curb
Min. 2 ft.

Illumination Non-illuminated or internal illumination.

Agenda Item #10.6.

Part IV: Citywide Standards
Part 1V, Page 62 | St. Helena Zoning Code | August 2023 Public Hearing Draft

4. Directional Signs (Building-Mounted). Directional signs must comply with the standards provided in the table below.

Table 17.27.090.F: Standards for Directional Signs (Building-Mounted) Standards MR, HR, MU, CB, SC, BPO, I, A-20, W, WW, PQP, PR, and OS “sf” = square feet; “lf” = linear feet
Sign Area
Max. 3 sf.

Excluded from the total number of allowed signs for all buildingmounted signs.

Mounting Height Max. 6 ft.

Sign Placement Max. 1 per pedestrian walkway.

Illumination Non-illuminated or external illumination.

Agenda Item #10.6.

Part IV: Citywide Standards
August 2023 Public Hearing Draft | St. Helena Zoning Code | Part IV, Page 63

5. Directory Signs (Building-Mounted). Directory signs must comply with the standards provided in the table below.

Table 17.27.090.G: Standards for Directory Signs (Building-Mounted) Standards MR, HR, MU, CB, SC, BPO, I, A-20, W, WW, PQP, and PR “sf” = square feet; “lf” = linear feet
Sign Area
Max. 1 sf per tenant space; Max. 10 sf total sign area.

Excluded from the total number of allowed signs for all buildingmounted signs.

Mounting Height Max. 6 ft from nearest grade.

Number of Signs Max. 1 per primary building entrance.

Illumination Non-illuminated, internal illumination, or external illumination.

Agenda Item #10.6.

Part IV: Citywide Standards
Part 1V, Page 64 | St. Helena Zoning Code | August 2023 Public Hearing Draft

6. Projecting Signs. Projecting signs must comply with the standards provided in the table below.

Table 17.27.090.H: Standards for Projecting Signs
Standards MU and CB SC and I
“sf” = square feet; “lf” = linear feet
Sign Area
Max. 12 sf per side Max. 24 sf per side
Included in the total allowable sign area for all building-mounted signs (see Table 17.27.090.B).

Mounting Height Min. 7 ft 6 inches from the bottom of the sign to the nearest grade or sidewalk.

Sign Placement
Projecting signs shall not be permitted closer than 20 feet from each other.

May project into public right-of-way (but not public alleys) with approval of an Encroachment Permit.

May not extend vertically above the second floor window sill or when there is no second floor, may not extend above the parapet, eave, or roof line.

Max. 6 ft from the building wall to the outer edge of the sign.

Horizontal Distance from
Back of the Curb Signs may not project within two feet of the curb line.

Number of Signs
Max. 1 per business when neither a monument sign nor a roof sign is present in the development.

Not allowed if a monument sign or post sign is present.

Illumination Non-illuminated, internal illumination, or external illumination.

Agenda Item #10.6.

Part IV: Citywide Standards
August 2023 Public Hearing Draft | St. Helena Zoning Code | Part IV, Page 65

7. Service Island Canopy Signs. Service Island Canopy signs must comply with the standards provided in the table below.

Table 17.27.090.I: Standards for Service Island Canopy Signs Standards CB, SC, BPO, and I
“sf” = square feet; “lf” = linear feet
Sign Area
Max. 60 sf for the total area of all signs on the canopy.

Included in the total allowable sign area for all building-mounted signs (see Table 17.27.090.B).

Number of Signs Signs may only be displayed on max. 3 canopy facades.

Illumination Internal illumination.

Agenda Item #10.6.

Part IV: Citywide Standards
Part 1V, Page 66 | St. Helena Zoning Code | August 2023 Public Hearing Draft

8. Wall Signs. Wall signs must comply with the standards provided in the table below.

Table 17.27.090.J: Standards for Wall Signs
Standards LR-1A, LR, MR, HR, MU, CB, SC, BPO, I, A-20, W, WW, PQP, and PR “sf” = square feet; “lf” = linear feet
Sign Area
As provided in Table 17.27.090.B.

Included in the total allowable sign area for all building-mounted signs (see Table 17.27.090.B).

Number of Signs Unlimited, provided the maximum area allowed for wall signs is not exceeded.

Sign Placement
Refer to the illustration below for applicable standards.

Wall signs shall be placed to establish a facade rhythm, scale, and proportion between buildings.

The sign’s length shall not exceed the width of the framed portion of the storefront and shall not exceed 15 percent of the building facade.

Special Provisions Requirements
Painted Wall Signs
Painted wall signs are allowed on any exterior building wall of an individual tenant space or building.

Painted wall signs must be professionally painted.

The allowable area for painted wall signs will be increased by 10% over the normal allowable sign dimensions for the zone.

Painted wall signs are prohibited on historically designated buildings.

Illumination Non-illuminated, internal illumination, or external illumination.

Agenda Item #10.6.

Part IV: Citywide Standards
August 2023 Public Hearing Draft | St. Helena Zoning Code | Part IV, Page 67

9. Window Signs. Window signs must comply with the standards provided in the table below.

Table 17.27.090.K: Standards for Window Signs
Standards MU, CB, SC, BPO, I, W, and PQP
“sf” = square feet; “lf” = linear feet
Sign Area
The combined area of temporary and permanent window signs must not exceed 40% of the area of the window on which they are displayed.

Max. 25% of sign area may be neon or single-color or two-color LED signs.

Neon or single-color or two-color LED signs greater than 2 sf each or a total of 4 sf require Planning Commission approval.

Refer to subsection 17.27.080.F.3 and subsection 17.27.080.F.4.

Adhesive vinyl, gild-leaf, or screen printing is preferred over handpainted window signs.

Sign Placement
Must be mounted or displayed on the interior of the window.

Window signs shall only be mounted on the first or second floor windows of a building.

Agenda Item #10.6.

Part IV: Citywide Standards
Part 1V, Page 68 | St. Helena Zoning Code | August 2023 Public Hearing Draft D. Standards for Permanent Freestanding Signs.

1. Standards for each allowed permanent freestanding sign type are provided in tables with a supporting illustration of each sign type. All permanent signs must comply with the standards for sign area, height, number, type, and other requirements provided in these tables.

2. Directional Signs (Freestanding). Directional signs must comply with the standards provided in table below.

Table 17.27.090.L: Standards for Directional Signs (Freestanding) Standards HR, MU, CB, SC, BPO, I, A-20, W, WW, PQP, and PR “sf” = square feet; “lf” = linear feet
Sign Area
2 sided allowed; Max. 3 sf per sign face.

Excluded from the total number of allowed signs for all freestanding signs.

Sign Height Max. 6 ft; Max. 4 ft at driveway or drive-through lanes.

Number of Signs Max. 1 per driveway entrance or pedestrian walkway.

Illumination Non-illuminated, internal illumination, or external illumination.

Special Provisions May be mounted on either 1 or 2 posts.

Agenda Item #10.6.

Part IV: Citywide Standards
August 2023 Public Hearing Draft | St. Helena Zoning Code | Part IV, Page 69

3. Directory Signs (Freestanding). Directory signs must comply with the standards provided in the table below.

Table 17.27.090.M: Standards for Directory Signs (Freestanding) Standards MR, HR, MU, CB, SC, BPO, I, A-20, W, WW, PQP, PR, and OS “sf” = square feet; “lf” = linear feet
Sign Area Max. 10 sf; Max. 1 sf per tenant space. Excluded from the total number of allowed signs for all freestanding signs.

Sign Height Max. 6 ft from nearest grade.

Number of Signs Max. 1 per building.

Illumination Non-illuminated, internal illumination, or external illumination.

Special Provisions May be mounted on either 1 or 2 posts.

Agenda Item #10.6.

Part IV: Citywide Standards
Part 1V, Page 70 | St. Helena Zoning Code | August 2023 Public Hearing Draft

4. Monument Signs. Monument signs must comply with the standards provided in the table below.

Table 17.27.090.N: Standards for Monument Signs
Standards MR, HR, MU, CB, SC, BPO, I, A-20, W, WW, and PQP “sf” = square feet; “lf” = linear feet
Sign Area As provided in Table 17.27.090.B.

Sign Height
As provided in Table 17.27.090.B.

Elements to enhance the design of a sign structure may extend above the sign to a max of 20% of the sign’s allowed height, or 12 inches, whichever is greater.

Total Sign Width Elements to enhance the design of a monument sign structure may extend no more than 2 feet on either side of the sign.

Base Width The sign base must be at least 60% of the width of the sign.

Number of Signs Only one monument sign is allowed per building per frontage.

Not allowed if a post sign is present in the development.

Sign Placement
Only located on private property along a site frontage facing a public street.

Min. 5 ft setback from the front property line.

Illumination Non-illuminated, internal illumination, or external illumination.

Agenda Item #10.6.

Part IV: Citywide Standards
August 2023 Public Hearing Draft | St. Helena Zoning Code | Part IV, Page 71

5. Post Signs. Post signs must comply with the standards provided in the table below.

Table 17.27.090.O: Standards for Post Signs
Standards LR-1A, LR, MR, HR, MU, CB, SC, BPO, I, A-20, W, WW, and PQP “sf” = square feet; “lf” = linear feet
Sign Area As provided in Table 17.27.090.B
Sign Height
Max. 6 ft.

Elements to enhance the design of a sign structure may extend above the sign to a max of 20% of the sign’s allowed height, or 12 inches, whichever is greater.

Sign Placement Min. 5 ft setback from the front property line.

Number of Signs Max. 1 per property frontage.

Not allowed if a monument sign is present in the development.

Illumination Non-illuminated, internal illumination, or external illumination.

Special Provisions Post signs shall be located in a landscaping area defined by a vertical curb to protect the sign.

Agenda Item #10.6.

Part IV: Citywide Standards
Part 1V, Page 72 | St. Helena Zoning Code | August 2023 Public Hearing Draft

17.27.100 Standards for Temporary Signs
A. Purpose. The City Council finds that the proliferation of temporary signs is a distraction to the traveling public and creates aesthetic blight and litter that threatens the public’s health, safety, and welfare. In addition to the purpose provisions of Section 17.27.010, Purpose, these regulations ensure that temporary signs do not create a distraction to the traveling public by eliminating the aesthetic blight and litter caused by temporary signs and that certain types of temporary signs are allowed to ensure that residences are not left vacant for extended periods of time.

B. General to All Temporary Signs. Temporary signs are allowed only in compliance with the provisions of this Section.

1. Permits. A Temporary Wall Banner Sign Permit is required to display a temporary wall banner sign with a maximum area of 32 square feet. Wall Banners larger than 32 square feet in area requires Minor Sign Permit approval (see Section 17.27.040, Minor Sign Permit). All other temporary sign types do not require a Sign Permit. Each tenant in a multi-tenant building is entitled to a temporary wall banner sign in accordance with this Section.

2. Not Included in Permanent Sign Allowances. Temporary signs are not counted toward the maximum total sign area established in Section 17.27.090, Standards for Permanent Signs.

3. General Time, Place, and Manner Restrictions.
a. Prohibited Location Standards. Temporary signs must be placed in compliance with subsection 17.27.080.B, unless specifically exempted by this Section. b. Period of Use. There is no limit on the length of time that a temporary sign may be displayed, except for temporary wall banner signs (see Section 17.27.070.B. c. Prohibited Display Standards. Temporary signs must comply with Section

17.27.080.C.
d. Design and Construction. Temporary signs must be of sufficient weight and durability to withstand wind gusts, storms, etc. and must be professionally crafted.

Agenda Item #10.6.

Part IV: Citywide Standards
August 2023 Public Hearing Draft | St. Helena Zoning Code | Part IV, Page 73 C. Additional Standards for Temporary Signs.

1. Temporary signs are allowed in compliance with provisions in Table 17.27.100.A:

Standards for Temporary Signs.

Table 17.27.100.A: Standards for Temporary Signs
Standard Requirement
“sf” = square feet; “lf” = linear feet
LR-1A, LR, A-20, MR, HR, W, WW, PQP, PR, and OS Zoning Districts Total Area of all Temporary Signs at
Any One Time Max. 16 sf 1 2
Number of Signs Unlimited except that the total sign area of all temporary signs must not exceed 16 sf.

MU and CB Zoning Districts
Total Area of All Temporary Signs at
Any One Time
Max. 32 sf per business, with a total of max. 72 sf per lot.

Excludes the area of temporary wall banner signs.

Number of Signs
Unlimited except that the total sign area of all temporary signs (excludes area of temporary wall banner signs) must not exceed 32 sf per business.

Exception: Multi-tenant shopping centers or offices – Max. 2 temporary wall banner signs per 150 lf of property frontage not to exceed 64 sf combined.

SC, BPO, and I Zoning Districts
Total Area of All Temporary Signs at
Any One Time
Max. 40 sf per business, with a total of max. 90 sf per lot.

Excludes the area of temporary wall banner signs.

Number of Signs
Unlimited except that the total sign area of all temporary signs (excludes the area of wall banner signs) must not exceed 40 sf per business.

Exception: Multi-tenant shopping centers or offices – Max. 2 temporary wall banner signs per 150 linear feet of property frontage not to exceed 64 sf combined.

Notes:
1 The Community Development Director may grant with a Minor Use Permit an increase in the maximum total sign area for all temporary signs in these zoning districts for public parks and recreation facilities, public schools, governmental facilities, public cultural facilities, and nonprofit hospitals.
2 All temporary signs with commercial messages are prohibited in all residential zones, except that temporary signs with commercial messages advertising the sale or lease of real property are allowed in residential zones.

Agenda Item #10.6.

Part IV: Citywide Standards
Part 1V, Page 74 | St. Helena Zoning Code | August 2023 Public Hearing Draft

2. Standards for Specific Temporary Signs. Temporary signs must comply with the standards provided in Table 17.27.100.B: Standards for Specific Temporary Sign Types.

Table 17.27.100.B: Standards for Specific Temporary Signs Temporary
Sign Type 1
Standards
Height Other Requirements
(Max.)
Width
(Max.)
Area
(Max.)
“sf” = square feet; “lf” = linear feet
Allowed in Non-Residential Zones
A-Frame or
Upright Sign 4 ft 3 ft 6 sf
Must be located within 15 feet of the building in
which the business is located.

May be located on a sidewalk provided a
minimum width of at least four feet in compliance
with applicable ADA standards allows for
unimpeded pedestrian movement.

Only permitted during regular business hours in
non-residential zoning districts.

Wall Banner
25 ft to
top of
banner
― 32 sf
Prohibited in residential zoning districts. 2
Must be mounted on a building wall or on T-posts
or stakes installed ≤ 6” from a wall on which the
wall banner would be hung.

Window Sign ― ―
See
End
Note 3
Must be placed no higher than first story
windows.

Inside mounting required.

Not included in the total sign area for all
temporary signs.

Agenda Item #10.6.

Part IV: Citywide Standards
August 2023 Public Hearing Draft | St. Helena Zoning Code | Part IV, Page 75 Table 17.27.100.B: Standards for Specific Temporary Signs Temporary
Sign Type1
Standards
Height Other Requirements
(Max.)
Width
(Max.)
Area
(Max.)
“sf” = square feet; “lf” = linear feet
Allowed in all Zones
Yard Sign Type 1 4 ft 2 ft 6 sf
All yard signs must be installed securely in the
ground. Yard Sign Type 2 6 ft 2 ft 5 sf
Yard Sign Type 3 6 8 ft 32 sf
End Notes:
1 Other temporary sign types may be allowed (e.g., fuel pump topper signs or wraps around waste receptacles) provided the max. area limitation for all temporary signs is not exceeded. 2 Except, banners greater than 32 sf in area installed in residential zoning districts for new subdivisions require Major Sign Permit approval.
3 The area of temporary and permanent window signs combined (including signs constructed of perforated vinyl or painted on the window) must not exceed 40% of the area of the window on or within which they are displayed.

3. Temporary Signs Associated with Model Sales Office. All temporary signs associated with model sales office for new subdivisions require a Conditional Use Permit approval (see Section 17.05.020, Conditional Use Permit (CUP)).

Agenda Item #10.6.

Part IV: Citywide Standards
Part 1V, Page 76 | St. Helena Zoning Code | August 2023 Public Hearing Draft

17.27.110 Nonconforming Signs
Section 17.09.070, Nonconforming Signs, provides the standards and regulations for nonconforming signs.

17.27.120 Enforcement
It shall be unlawful for any person, firm, or corporation to erect, construct, enlarge, alter, repair, display, maintain or use a sign within the City contrary to, or in violation of, any provision of this Chapter. The requirements of this Chapter shall be enforced in compliance with the enforcement provisions of Chapter 17.13, Enforcement.

17.27.130 Severability
If any Section, sentence, clause, phrase, word, portion or provision of a Chapter is held invalid or unconstitutional by any court of competent jurisdiction, such decision shall not affect, impair, or invalidate any other Section, sentence, clause, phrase, word, portion, or provision of this Chapter which can be given effect without the invalid provision. The invalidation of the application of any Section, sentence, clause, phrase, word, portion, or provision of this Chapter to a particular property or structure, or any particular properties or structures, by any court of competent jurisdiction shall not affect the application of such Section, sentence, clause, phrase, word, portion or provision to any other property or structure not specifically included in said invalidation.

Agenda Item #10.6.

Part IV: Citywide Standards
August 2023 Public Hearing Draft | St. Helena Zoning Code | Part IV, Page 77 Chapter 17.28 Performance Standards

17.28.010 Purpose
This Chapter has been adopted to:

A. Establish permissible limits and permit objective measurement of nuisances, hazards, and objectionable conditions;
B. Ensure that all uses will provide necessary control measures to protect the community from nuisances, hazards, and objectionable conditions; and
C. Protect industry from arbitrary exclusion from the City.

17.28.020 Applicability
A. The standards of this Chapter shall apply to all uses and properties existing in the City at the time of adoption of this Title.

B. Activities that generate odor, fumes, vibration, glare, dust, water or air pollution, fire or explosive hazard, and visual impact shall be subject to Conditional Use Permit conditions (see Section 17.05.020, Conditional Use Permit), to ensure that the public health, safety, and welfare is not compromised.

17.28.030 Prohibited Uses
Uses constituting or resulting in public or private nuisance because of the emission of any smoke, dust, gas, odor, fumes, noise, vibration, radioactive or fissionable material, or refuse material are specifically prohibited in the City:

17.28.040 Measurement of Impacts
Measurements necessary for determining compliance with the standards of this Chapter shall be taken at the lot line of the establishment or use that is the source of a potentially objectionable condition, hazard, or nuisance.

17.28.050 Dust and Fumes
Uses, activities, and processes shall not operate in a manner that emits excessive dust, fumes, smoke, or particulate matter, unless authorized under federal, State, or local law. Sources of air emissions shall comply with all rules established by the Environmental Protection Agency (Code of Federal Regulations, Title 40), the California Air Resource Board, and the Bay Area Air Quality Management District.

17.28.060 Electromagnetic Interference
No use, activity or process shall cause electromagnetic interference with normal radio and television reception, or with the function of other electronic equipment beyond the lot line of the site in which Agenda Item #10.6.

Part IV: Citywide Standards
Part 1V, Page 78 | St. Helena Zoning Code | August 2023 Public Hearing Draft it is situated. All uses, activities and processes shall comply with applicable Federal Communications Commission regulations.

17.28.070 Fire and Explosive Hazards
All activities, processes and uses involving the use of, or storage of, flammable and explosive materials shall be provided with adequate safety devices against the hazard of fire and explosion. Firefighting and fire suppression equipment and devices standard in industry shall be approved by the Fire Chief.

All incineration is prohibited with the exception of those substances such as, but not limited to, chemicals, insecticides, hospital materials and waste products, required by law to be disposed of by burning and deemed a practical necessity by the Fire Chief.

17.28.080 Hazardous and Extremely Hazardous Materials
A. The use, handling, storage and transportation of hazardous and extremely hazardous materials shall comply with the provisions of the California Hazardous Materials Regulations and the California Fire and Building Codes, as well as the laws and regulations of the California Department of Toxic Substances Control and the County Environmental Health Agency.

B. Industrial (I) District.

1. No hazardous or flammable materials shall be stored outside of the building without a proper storage container.

2. A business plan shall be filed annually with the County of Napa Hazardous Material Section of the Department of Environmental Management. A copy of the approval by the County shall be submitted to the Community Development Director.

17.28.090 Heat and Humidity
Uses, activities, and processes shall not produce any emissions of heat or humidity that cause distress, physical discomfort, or injury to a reasonable person, or interfere with ability to perform work tasks or conduct other customary activities.

17.28.100 Waste Disposal
A. Discharges to Surface Water, Sewers or Ground. Liquids and solids of any kind shall not be discharged, either directly or indirectly, into a public or private body of water (surface waters), storm drain or sanitary sewage system, watercourse, or into the ground, except in compliance with applicable regulations of the California Regional Water Quality Control Board.

B. Containment. Wastes shall be handled and stored so as to prevent nuisances, health, safety and fire hazards, and to facilitate recycling. Closed containers shall be provided and used for the storage of any materials which by their nature are combustible, volatile, dust, or odor producing or edible or attractive to rodents, vermin, or insects.

C. Incineration. There shall be no rubbish or refuse incineration on the premises with the exception of those materials and disposal processes covered in Section 17.28.070, Fire and Explosive Hazards.

Agenda Item #10.6.

Part IV: Citywide Standards
August 2023 Public Hearing Draft | St. Helena Zoning Code | Part IV, Page 79 D. Winery (W) District. Winery operations shall generate no discernible odors of sewerage or putrefying organic material origin, other than normal fermentation odors, at the property lines. For additional waste disposal standards specific to the W district, see Section 17.19.040, Supplemental Standards.

17.28.110 Vibration
A. No vibration shall be produced that is transmitted through the ground and is discernible without the aid of instruments at the lot lines of the site. Vibrations from temporary construction, demolition, and vehicles that enter and leave the subject parcel (e.g., construction equipment, trains, trucks, etc.) are exempt from this standard.

B. An acoustic study shall be required for any proposed development within 200 feet or railroad track. Measures may be required to ensure that vibration impacts remain below acceptable levels.

Agenda Item #10.6.

Part IV: Citywide Standards
Part 1V, Page 80 | St. Helena Zoning Code | August 2023 Public Hearing Draft Chapter 17.29 Density Bonus

17.29.010 Purpose
This Chapter has been adopted to encourage the development of housing affordable to all segments of the community and to provide for incentives to defray the costs of providing affordable housing for very low, low, and moderate income households in the City. In enacting these provisions, the City expressly intends this Chapter to satisfy the requirements of:

A. California Government Code § 65915 and the City’s Housing Element by specifying how the City shall provide density bonuses and/or incentives or concessions for the construction of certain housing projects affordable to lower income, very low income, senior households, transitional foster youth, disabled veterans or homeless, lower income students, and for condominium and planned development projects affordable to moderate income households; and
B. California Government Code § 65589.7 and the City’s Housing Element by specifying how the City will grant priority for the provision of water and sewer services to developments that include housing units affordable to lower income households.

17.29.020 Applicability
An applicant may request a density bonus and concessions or incentives for a residential or residential mixed-use project of five or more units that satisfy one or more of the following criteria:

A. At least 10 percent of total units are designated for lower income households; B. At least five percent of the total units are designated for very low income households; C. A senior citizen housing development as defined in §§ 51.3 and 51.12 of the Civil Code; D. At least 10 percent of the total units are designated for transitional foster youth, disabled veterans or homeless as defined by federal McKinney-Vento Homeless Assistance Act (42 U.S.C. §11301 et seq.) with affordability at the same level as very low income units.

E. A student housing development with at least 20 percent of the units for lower income students that meets the requirements set forth in § 65915(b)(1)(F)(i).

F. For a condominium project or planned development project only, at least 10 percent of total units are designated for moderate income households.

17.29.030 Project Requirements
In addition to satisfying one or more of the criteria in Section 17.29.020, Applicability, the applicant requesting a density bonus and/or incentive or concession shall satisfy the following requirements:

A. The designated units shall be comparable to the non-designated units within the project.

B. The applicant and/or owner shall enter into an agreement with the City to ensure the continuing affordability of units designated for low and very low income households. Where the City grants a density bonus or concessions or incentives, such agreement shall be for a Agenda Item #10.6.

Part IV: Citywide Standards
August 2023 Public Hearing Draft | St. Helena Zoning Code | Part IV, Page 81 term of not less than 55 years for rental units and not less than 45 years for ownership units, or longer should the project financing so require.

C. The applicant and/or owner shall enter into an agreement with the City to ensure that the initial occupant of units in for sale projects directly related to the receipt of the density bonus shall be a person or family of moderate income. Upon resale, the seller of the unit shall retain the value of any improvements, the down payment, and the seller’s proportionate share of appreciation. The City Council shall adopt a resolution establishing the method for determining how the City will recapture its proportionate share of appreciation which shall then be used within three years for any of the purposes described in subdivision (e) of § 33334.2 of the Health and Safety Code that promote home ownership.

D. Except as otherwise provided in California Government Code § 65915, units designated for rent by lower income households shall be affordable at rents, including a utility allowance, that do not exceed 30 percent of 60 percent of area median income for Napa County. Units designated for rent by very low income households shall be affordable at rents, including a utility allowance, that do not exceed 30 percent of 50 percent of the area median income.

E. Units designated for purchase by low income or moderate income households shall be sold at an affordable housing cost according to limits established by the State Department of Housing and Community Development in accordance with Health and Safety Code § 50052.5.

F. The developer and/or property owner shall provide the City a yearly accounting of the total project units occupied and vacant, the total occupied and vacant units designated for low or very low income households, and rents charged.

17.29.040 Application
A. To apply for a density bonus consistent with the requirements in California Government Code § 65915 (f) (1-4) and/or incentives or concessions, the applicant may submit a proposal for specific incentives or concessions and may request a meeting with the City. The preliminary written proposal shall provide the following information:

1. Preliminary sketch plan showing at a minimum the context, location of buildings, and parking;

2. A narrative describing the proposed development including the number, type, and size of the housing units;

3. Any request for waiver of development standards;

4. Information satisfactory to the Community Development Director, such as capital costs, equity investment, debt service, projected revenues, operating expenses, and any other information deemed appropriate to enable the City to determine the project cost per unit and whether the waiver or modification of otherwise applicable standards that will result in identifiable and actual cost reductions to:
a. Provide for affordable housing costs, as defined in § 50052.5 of the Health and Safety Code;
b. Provide for rents for the targeted units to be set as specified in subdivision (c) of California Government Code § 65589.7; or
Agenda Item #10.6.

Part IV: Citywide Standards
Part 1V, Page 82 | St. Helena Zoning Code | August 2023 Public Hearing Draft c. Otherwise make the housing units economically feasible.

B. The City shall, within 120 days of receipt of an application deemed to be complete and consistent with Section 17.04.040, Review of Planning Applications, notify the developer in writing whether and in what manner the City shall grant a density bonus and incentives or concessions as stipulated in Table 17.29.040.A: Required Concessions and Incentives.

Table 17.29.040.A: Required Concessions and Incentives
Number of
Concessions/
Incentives 1
Percentage of Very
Low Income Units
Percentage Low
Income Units
Percentage of
Moderate Income
Units in a
Condominium or
Planned Development
1 5% 10% 10%
2 10% 17% 20%
3 15% 24% 30%
4 100% Low/Very
Low/Mod (up to 20%
Moderate Allowed)
100% Low/Very
Low/Mod (up to 20%
Moderate Allowed)
100% Low/Very
Low/Mod (up to 20%
Moderate Allowed)
End Notes:
1 A concession or incentive only applies if an application is submitted for a density bonus.

In addition to the requirements of this Section, any applicant who proposes to construct a housing development that conforms to the requirements of this Chapter and includes a child care facility that will be located on the premises of, as part of, or adjacent to the project shall also be entitled to either an additional density bonus or an additional concession or incentive in accordance with the provisions of California Government Code § 65915(h).

C. Alternatively, in a City Council meeting scheduled separately from the approval process and timeline for the housing development and within 120 days of receipt of an application deemed to be complete consistent with Section 17.04.040, Review of Planning Applications, the City Council shall preliminarily find that:

1. The concession or incentive would not result in actual and identifiable cost reductions in order to provide for affordable housing costs, as defined in § 50025.2 of the Health and Safety Code or for rents for the proposed density bonus units as required pursuant to this Chapter; or

2. The concession or incentive would have a specific, adverse impact upon public health and safety, or upon the physical environment, or upon real property listed in the California Register of Historical Resources and there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact without rendering the development unaffordable to low- and moderate-income households. For purposes of this subsection, “specific, adverse impact” means a significant, quantifiable, direct, and unavoidable impact, based on objective, identified written public health or safety standards, policies, or conditions as they existed on the date the application was deemed complete. Such notification shall represent the joint recommendation of the Community Development Director charged with implementing this Section; provided, Agenda Item #10.6.

Part IV: Citywide Standards
August 2023 Public Hearing Draft | St. Helena Zoning Code | Part IV, Page 83 however, that the City Council, in acting on the project, may modify such recommendation.

D. In accordance with the provisions of California Government Code § 65915(f), an applicant may elect to accept a lesser percentage of density bonus than the maximum specified in this Chapter, including but not limited to no increase in density.

E. In accordance with the provisions of California Government Code § 65915, the granting of a density bonus pursuant to this Chapter shall not be interpreted, in and of itself, to require a General Plan amendment, zoning change, or other discretionary approval.

F. If the applicant does not submit a written preliminary proposal, the applicant shall submit a request in writing for specific incentives along with information described in subsection A.4 (along with other materials required for application submittal) at the time a formal application is submitted. The Approval Authority shall either grant the density bonus and concessions/incentives requested by the applicant or make one of the findings, based on substantial evidence, described in subsection C.1 or C.2.

G. The applicant shall pay any fee(s) which shall be paid at the time directed by the Community Development Director but not later than prior to issuance of a building permit(s) unless otherwise established by resolution of the City Council to implement this Section, including, but not limited to:

1. Fees to process the request for a density bonus and/or other concessions or incentives;

2. Preparation of contracts and other documents; and

3. Monitoring contracts and documents for compliance.

H. Affordable units under this Section shall be constructed at the same time as the market-rate units. The right to a density bonus or concession under this Chapter shall not be transferred to another development. Where an applicant proposes to simultaneously develop two or more parcels in the City, nothing in this Section shall prohibit the City Council in its discretion from using a density bonus and/or concession/incentive granted for one of the parcels on another parcel proposed for development.

17.29.050 Waiver or Reduction of Development Standards
In addition to any density bonus and/or concessions or incentives granted pursuant to this Chapter, an applicant may also request that the City waive or reduce any development standard that has the effect of physically precluding the construction of a development meeting the criteria of this Chapter at the densities or with the concessions or incentives permitted pursuant to this Chapter in accordance with the provisions of California Government Code § 65915(e).

Agenda Item #10.6.

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Part 1V, Page 84 | St. Helena Zoning Code | August 2023 Public Hearing Draft

17.29.060 Affordable Housing Concessions or Incentives
A. For residential development projects which meet the requirements specified in Section

17.30.030, Inclusionary Housing Requirements, through the actual construction of affordable units, the City shall follow the procedures and provide the described concessions and/or those incentives identified in California Government Code §§ 65915 through 65918.

B. The City Council may consider, on a case-by-case basis, at its sole discretion, providing the following additional concessions or incentives in addition to those granted pursuant to California Government Code § 65915 which are consistent with State law and the Housing Element of the General Plan for projects which meet or exceed the requirements of this Chapter 17.29, Density Bonus.

1. An additional density bonus or other incentives of equal financial value subject to the City Council’s review and approval.

2. Direct financial assistance in the form of a loan or grant using trust fund or other appropriate available funds subject to the recommendation of the Community Development Director.

3. Payment deferral of applicable City fees on low-income units until the issuance of the certificate of occupancy for the unit.

17.29.070 Land Donation
A. When an applicant voluntarily offers to donate land to the City which is of sufficient developable acreage and with appropriate zoning classification to permit construction of units affordable to very low-income households in accordance with this Section, the applicant shall be entitled to a 15 percent increase above the otherwise maximum allowable residential density. For each one percent increase above the minimum land donation described in subsection B, the density bonus shall be increased by one percent, up to a maximum of 35 percent.

B. The voluntary donation of land shall comply with the following criteria:

1. The land is transferred no later than the date of approval of the final subdivision map, parcel map, or residential development application.

2. The developable acreage and zoning classification of the land being transferred are sufficient to permit construction of units affordable to very low-income households in an amount not less than 10 percent of the number of residential units of the proposed development. Housing units designated for very low-income households pursuant to this Chapter shall not be included when determining compliance with this Section.

3. The transferred land is at least one acre or of sufficient size to permit development of at least 40 units, has the appropriate General Plan designation, is appropriately zoned for development as affordable housing, and is or will be served by adequate public facilities and infrastructure.

4. The transferred land is within the boundary of the proposed development or, as approved by the City Council, within one-quarter mile of the boundary of the proposed development and located within the City limits.

Agenda Item #10.6.

Part IV: Citywide Standards
August 2023 Public Hearing Draft | St. Helena Zoning Code | Part IV, Page 85 C. An applicant for a tentative subdivision map, parcel map, or other residential development approval wishing to donate land pursuant to California Government Code § 65915(h) shall include in the application for development the following information:

1. The size of the parcel;

2. The amount of developable acreage;

3. A preliminary plan for the development of at least 40 units affordable to very lowincome households on the developable acreage;

4. A description of the public facilities and infrastructure that would serve the units; and

5. The name of the public or private entity to which the land will be donated.

D. The City Council shall approve, modify, or disapprove the application to donate land in accordance with the requirements of this Section and California Government Code § 65915(h).

E. Unless the construction of at least 40 units affordable to very low-income households on the donated land is the subject of a separate development application, the units shall be considered a part of the application for a tentative subdivision map, parcel map, or other residential development for purposes of review under the California Environmental Quality Act (CEQA) and other state and local laws and regulations.

17.29.080 Parking
A. This Section implements the provisions of California Government Code § 65915(p).

B. If a development is constructed consistent with the vehicular parking ratios described in California Government Code § 65915(p)(1), and the parking ratios are less than otherwise required by the City in Chapter 17.26, Parking and Loading, the applicant shall record a covenant against the property disclosing the difference between the parking ratios that have been used for the development and the City’s requirements.

17.29.090 Priority for Water and Sewer Services
In accordance with the provisions of California Government Code § 65589.7, the City shall grant priority for the provision of water and sewer services to developments that include housing units affordable to lower income households in accordance with a written policy adopted by resolution of the City Council.

Agenda Item #10.6.

Part IV: Citywide Standards
Part 1V, Page 86 | St. Helena Zoning Code | August 2023 Public Hearing Draft Chapter 17.30 Affordable Housing Program

17.30.010 Purpose
This Chapter establishes an affordable housing program, housing impact fees on developers of nonresidential development projects in the City, inclusionary housing requirements and alternative means of compliance, requirements for inclusionary units, and administration and enforcement measured for the program. The requirements of this Chapter do not replace other regulatory, development and processing fees or exactions; funding required pursuant to a development agreement or reimbursement agreement; or assessments charged pursuant to special assessments or benefit assessment district proceedings, unless so specified.

17.30.020 Housing Impact Fees
A. Applicability. A housing impact fee is imposed on all developers of nonresidential development projects and conversions, except for nonresidential projects that fall within one or more of the following categories:

1. Projects that are the subject of previously approved development agreements currently in effect with the City;

2. The nonresidential uses are described either in a building permit application accepted as complete by the City prior to the adoption of Resolution 2003-65 on May 27, 2003, or in a Minor or Conditional Use Permit or similar discretionary approval approved prior to the adoption of Resolution 2003-65 on May 27, 2003. However, any extension or modification of such approval or permit after such date shall not be exempt;

3. The portion of a project located on property owned by the State of California, the United States of America or any of its agencies used exclusively for governmental or educational purposes;

4. A project to the extent it has received a vested right to proceed without payment of housing impact fees pursuant to State law;

5. Projects operated by nonprofit organizations which provide food storage, meal service and/or temporary shelter to the homeless;

6. Projects for which no nexus can be established;

7. Any building which is damaged or destroyed by fire or natural catastrophes so long as the gross floor area of the building remains the same.

8. The following specific uses are exempt from the housing impact fee requirement; a. Child day care facilities serving six or fewer children; b. Non-profit organizations and schools;
c. Public elementary or secondary schools, colleges, or universities; d. Public library, art galleries, museums, or other nonrecreational public facilities:
e. Public parking lot;
Agenda Item #10.6.

Part IV: Citywide Standards
August 2023 Public Hearing Draft | St. Helena Zoning Code | Part IV, Page 87 f. Public works, major
g. Public works, minor;
h. Community assembly uses; and
i. Wineries, large and small.

B. Fee Payment. Unless otherwise preempted by law, the housing impact fee shall be paid according to the master fee schedule prior to the issuance of a building permit. For good cause shown, the City Council may allow for the fee to be paid at the time of a final inspection or prior to issuance of a certificate of occupancy.

C. Alternative to Payment of Housing Impact Fee. As an alternative to payment of the housing impact fee, a developer of a nonresidential development project may submit a request to mitigate the impacts of such development through the construction of residential units, the dedication of land, or mixed use or other resources. Such requests may be approved by the City Council, if the City Council determines that such alternative will further affordable housing opportunities in the City to an equal or greater extent than payment of the housing impact fee.

D. Processing Requirements.

1. Each discretionary permit for a project subject to this Section shall contain an express condition requiring compliance with this Section. Notwithstanding this subsection. failure to include the condition does not excuse compliance with this Chapter.

2. No application for building permits or discretionary permits for any project subject to this Section shall be deemed complete unless the application contains:
a. A statement of the number of gross square feet in a nonresidential development project to be constructed, added, or placed that are subject to the requirements of this Section, together with documentation sufficient to support the application;
b. The intended use or uses for the nonresidential development project by gross square feet; and
c. A statement of any exemptions applicable to the project.

3. The Community Development Director may require similar information for completeness of other City permits or licenses as necessary or convenient to implement this Section.

17.30.030 Inclusionary Housing Requirements
A. Inclusionary Requirement. At least 20 percent of all new dwelling units in a residential development project shall be affordable units, which shall be constructed and completed concurrently with the related market rate units. The affordable units developed pursuant to this Chapter shall be of the same tenure as the market rate units, meaning that affordable rental units shall be developed to satisfy the requirement for rental developments, and affordable owner-occupied units shall be developed to satisfy the requirement for owner occupied developments. In the event that a development is comprised of both rental and Agenda Item #10.6.

Part IV: Citywide Standards
Part 1V, Page 88 | St. Helena Zoning Code | August 2023 Public Hearing Draft owner-occupied units, the requirement to develop 20 percent the new dwelling units as affordable units shall be applied to the rental and owner-occupied components of the development project separately. The requirement to construct and complete affordable units pursuant to this Chapter shall not be satisfied by designating accessory dwelling units as affordable units, and accessory dwelling units constructed as part of the development project shall not be counted as dwelling units for purposes of calculating the required number of affordable units. The affordable units may be constructed in phases if the market rate units are constructed in phases, provided that the percentage of inclusionary units to be developed in each phase shall be equivalent to or greater than the total percentage of inclusionary units to be developed as part of the residential development until such time that all the inclusionary units have been built. For fractions of affordable units, including fractions resulting from construction of less than five dwelling units, the developer may elect, at his or her option, to construct the next higher whole number of affordable units, perform an alternative equivalent action which has received the approval of the City Council pursuant to subsection B, or pay the housing in-lieu fee specified in subsection E for such fraction. Notwithstanding the above, this Section shall not apply to projects which fall into one or more of the following categories:

1. A residential development project to the extent it has received a vested right to proceed without payment of housing impact fees pursuant to State law;

2. Building permits for residential development projects if compliance with this Section for such project has already been satisfied including, but not limited to, building permits on newly created lots where the subdivider has built affordable units or otherwise satisfied this Section;

3. Replacement or rehabilitation of any dwelling unit which is damaged or destroyed so long as the square footage and use of the building remains the same. Upon the remodeling or rebuilding of a residential dwelling to add additional square footage, the housing impact fee shall be paid on the additional square footage (except for a one-time exclusion of 850 square feet per residence);

4. The one-time remodeling of any dwelling unit for which the gross square floor area of the structure is increased by 850 square feet or less;

5. New dwelling units less than 850 square feet.

B. Alternative Equivalent Action Proposal.

1. A developer of any residential project may propose to meet the requirements of subsection A with an alternative equivalent action, subject to the review and approval of the City Council. Proposals for alternative equivalent actions may include, but are not limited to, dedication of vacant land, the construction of affordable units on another site, or acquisition and enforcement of required rental/sales price restrictions on existing standard dwelling units consistent with this Section. Any proposal shall show how the alternative equivalent action will further affordable housing opportunities in the City to an equal or greater extent than compliance with the express requirements of subsection A or payment of the appropriate housing in-lieu fee.

2. Alternative equivalent action proposals for single-family and multi-family residential developments shall be considered on a case-by-case basis by the City Council, and Agenda Item #10.6.

Part IV: Citywide Standards
August 2023 Public Hearing Draft | St. Helena Zoning Code | Part IV, Page 89 may be approved at the City Council’s sole discretion, if the City Council determines that such alternative will further affordable housing opportunities in the City to an equal or greater extent than compliance with the express requirements of subsection A.

C. In-Lieu Housing Fee. A developer of four or fewer residential dwelling units which are the whole of a residential development project may meet the requirements of subsection A through payment of a housing in-lieu fee.

A developer of any other residential project may propose to meet the requirements of subsection A through payment of a housing in-lieu fee by showing good cause that it is not feasible to construct the required units. A written request shall be submitted with the developer’s application for a discretionary approval or building permit, whichever comes first.

The request shall include: a statement identifying all overriding conditions that prevent the developer from meeting the requirement to construct the affordable units; sufficient independent data, including appropriate financial information, to support the developer’s claim that it is not feasible to construct the required affordable units; and a detailed analysis of why any concessions and incentives available to the developer pursuant to Chapter 17.29, Density Bonus, and California Government Code § 65915 cannot mitigate the conditions that are preventing the developer from constructing the affordable units. The Community Development Director shall review all such requests and prepare a recommendation for the City Council. Such requests shall be considered on a case-by-case basis by the City Council, and may be approved if the council determines that there are overriding conditions which prevent the developer of a multi-family residential project from meeting the requirement to construct affordable units, and that payment of the housing in-lieu fee will further affordable housing opportunities to an equal or greater extent.

D. Time of Payment of Housing In-Lieu Fee. Unless otherwise preempted by law, the housing in-lieu fee shall be paid prior to the issuance of a building permit. For good cause shown, the City Council may allow for the fee to be paid at the time of final inspection/certificate of occupancy.

E. Calculation of Housing In-Lieu Fee. The housing in-lieu fee shall be charged on a percentage basis of the projected construction costs of market rate dwelling units. The amount and calculation of the housing in-lieu fee shall be established by resolution of the City Council.

Construction costs of market rate dwelling units is determined in accordance with the definition in Section 17.32, Definitions of Terms. Construction costs shall be separately calculated for each dwelling unit in attached single-family residential and rental residential development projects, and the appropriate fee paid for each unit within the residential project. The housing in-lieu fee required by this Section may be satisfied either by cash payment or, upon the recommendation of the Community Development Director and approval of the City Council, by an alternative which will provide the City with a value equal to or greater than the amount of the required in-lieu fee.

F. Requirements for Rental Affordable Units.

1. If under subsection A, the developer is required to build three or fewer units of affordable rental housing, the following requirements apply:
a. If the developer is required to build only one affordable unit, that unit shall be affordable for a very low-income household.

Agenda Item #10.6.

Part IV: Citywide Standards
Part 1V, Page 90 | St. Helena Zoning Code | August 2023 Public Hearing Draft b. If the developer is required to build two affordable units, one unit shall be affordable for a very low-income household and one unit shall be affordable for a low-income household.
c. If the developer is required to build three affordable units, one unit shall be affordable for a very low-income household, one unit shall be affordable for a low-income household, and one unit shall be affordable for a moderateincome household. d. Notwithstanding the foregoing, if the City’s goals for providing its fair share of affordable housing as determined through the Regional Housing Needs Assessment and set forth in the Housing Element of the General Plan, have been met for the lowest income category, any required units shall be affordable in the next higher income category in which there is an unmet fair share requirement.

2. If under subsection A, the developer is required to build four or more units of affordable housing, the number of affordable units which are required to be constructed in very low, low or moderate units shall be determined by the ratio of units needed in each of those categories in order to satisfy the City’s fair share housing goals. Where the number of required affordable units in each category is a fractional number, the fractional units shall be carried to the category in which there is the greatest number of units needed. For instance, [as of March 17, 2022], the City’s fair share housing goals require the City to provide for 104 very low (55 percent), 59 low (31 percent), and 26 moderate (14 percent) units to satisfy its fair share requirements.

Therefore, a project that requires nine affordable units would be required to build five very low units, three low units and one moderate unit.

3. With respect to any particular rental residential project, the City Council may, upon the recommendation of the Community Development Director, forgive all or a portion of the affordability requirement set forth in subsection A upon a showing by the applicant that imposition of such requirement on the residential project will cause undue hardship and that such residential project will contribute significantly to affordable housing opportunities in the City.

G. Requirements for Owner-Occupied Affordable Units.

1. One-half of the affordable units that are required to be constructed in connection with the construction of market rate units, intended for owner-occupancy shall be available at affordable sales prices to households whose annual household income does not exceed 100 percent of median income. If one-half of the affordable units required are made available by the developer at affordable sales prices to households whose annual household income does not exceed 80 percent of median income, the developer shall be entitled to an additional density bonus of five percent for the proposed development, beyond any density bonus to which the developer would be entitled pursuant to Chapter 17.29, Density Bonus, and California Government Code Section 65915 et seq.

2. As an alternative to receiving an additional density bonus of five percent, a developer may submit a request for another incentive in lieu of the density bonus. Such requests shall be considered on a case-by-case basis by the City Council and shall be approved, Agenda Item #10.6.

Part IV: Citywide Standards
August 2023 Public Hearing Draft | St. Helena Zoning Code | Part IV, Page 91 at the City Council’s sole discretion, if the City Council determines that such alternative incentive will further affordable housing opportunities.

3. The remaining one-half of the required affordable units shall be available at affordable sales prices to moderate-income households. Where the number of required affordable units is an odd number, the number of units affordable to moderateincome households may be one greater than the number affordable at or below 100 percent of median income.

H. Basic Requirements for Owner-Occupied and Rental Affordable Units.

1. Affordable units shall be comparable in number of bedrooms, exterior appearance and overall quality of construction to market rate units in the same residential project.

2. The gross floor area of affordable units and interior features in affordable units need not be the same as or equivalent to those in market rate units in the same residential project, so long as they are of comparable quality and comply with applicable base and overlay zone objective standards.

3. Affordable units shall receive a certificate of occupancy at the same time as market rate units.

I. Continued Affordability.

1. If the affordable units are owner-occupied, prior to the issuance of certificates of occupancy or approval of the final inspection for affordable units, regulatory agreements or resale restrictions, deeds of trust and/or other documents, all of which must be in a form prepared and approved by the Community Development Director and City Attorney and consistent with the requirements of this Chapter, shall be recorded against parcels having such affordable units for the benefit of the City and shall be effective for a minimum of 45 years.

2. Resale restrictions shall be recorded upon each resale of an affordable unit, and the effective period shall be an additional 45 years from the date of resale.

3. Income eligibility of the owners and title in the affordable unit may change over time due to circumstances including death. Upon the death of one of the owners, title in the property may transfer to the surviving joint tenant without respect to the incomeeligibility of the household. Upon the death of a sole owner or all owners and inheritance of the affordable unit by a non-income-eligible child or stepchild of one or more owners, there will be a one-year compassion period between the time when the estate is settled and the time when the property must be sold to an income-eligible household. Inheritance of an affordable unit by any other person whose household is not income-eligible shall require resale of the unit to an income-eligible household as soon as is feasible, but not more than 180 days.

4. If the affordable units are rental units, prior to the issuance of certificates of occupancy or approval of the final inspection for affordable units, regulatory agreements, deeds of trust and/or other documents, all of which must be in a form prepared and approved by the Community Development Director and City attorney and consistent with the requirements of this Chapter, shall be recorded against parcels having such affordable units for the benefit of the City and shall be effective in perpetuity.

Agenda Item #10.6.

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Part 1V, Page 92 | St. Helena Zoning Code | August 2023 Public Hearing Draft

5. Notwithstanding any other provision in this Section:
a. The maximum sales price permitted on resale of an affordable unit intended for owner-occupancy shall not exceed the seller’s purchase price, adjusted for the percentage increase in median income since the seller’s purchase, plus the market value of substantial structural or permanent fixed improvements to the property as determined by an independent appraisal, plus the cost of reasonable seller’s broker fee as determined by the Housing Director. For purposes of this subsection, median income shall be calculated based upon the presumed occupancy levels used to determine affordable sales price. b. The resale restrictions shall provide that in the event of the sale of an affordable unit intended for owner-occupancy, the City shall have the right to purchase or assign its right to purchase such affordable unit at the maximum price which could be charged to an eligible household. In its sole discretion, the City shall also have the right to postpone its right to purchase without waiving that right.

6. No household shall be permitted to occupy an affordable unit, or purchase an affordable unit for owner-occupancy, unless the Housing Authority has approved the household’s eligibility or has failed to make a determination of eligibility within the time or other limits provided by a regulatory agreement or resale restrictions. If the Housing Authority maintains a list of eligible households, households selected to occupy affordable units shall be selected first from that list to the extent provided in the regulatory agreement or resale restrictions.

J. Annual Monitoring and Transfer Fees.

1. For each rental affordable unit provided hereunder, the current owner may be required to pay an annual monitoring fee for the term of required affordability. Such fee shall be specified in the regulatory agreement(s) required hereunder.

2. For each owner-occupied affordable unit provided under this Section, the current owner may be required to pay a transfer fee for any change of ownership during the term of required affordability. Such fee shall be specified in the resale restrictions required by subsection I.

K. Discretionary Permit Requirements. Every discretionary permit for a residential development project approved after the effective date of the ordinance codified in this Chapter shall contain a condition detailing the method of compliance with this Chapter. Every final and parcel map shall bear a note indicating whether compliance with the requirements of this Section must be met prior to issuance of a building permit for each lot created by such map. Notwithstanding this subsection, failure to include such condition or note does not excuse compliance with this Chapter.

L. Requirements for Certificate of Occupancy/Final Inspection.

1. No temporary or permanent certificate of occupancy shall be issued, final inspection approved or release of utilities authorized for any new market rate dwelling unit in a residential development project until the developer has satisfactorily completed the requirements hereunder, i.e., on-site construction of affordable units, alternative equivalent action(s) or payment of the housing in-lieu fee.

Agenda Item #10.6.

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August 2023 Public Hearing Draft | St. Helena Zoning Code | Part IV, Page 93

2. No temporary or permanent certificate of occupancy shall be issued, final inspection approved or release of utilities authorized for a dwelling unit described in subsection A.1 until the builder or owner has made a showing acceptable to the Housing Director that such an exemption is appropriate. The Housing Director shall develop and implement regulations designed to ensure that such initially exempt dwelling units remain in compliance with the terms of the exemption throughout the first two years of occupancy. A builder or owner of a dwelling unit found to be out of compliance at any time during such two-year period shall be required to pay 125 percent of the then current in-lieu fee for that dwelling unit, as specified by resolution of the City Council.

Such payment, however, shall not limit the City’s ability to proceed against any party pursuant to Section 17.30.050.C, or other applicable law.

17.30.040 Inclusionary Housing Compliance Procedures
A. Submittal of Inclusionary Housing Plan. The applicant for a residential project subject to this Chapter shall submit an Inclusionary Housing Plan in conjunction with its application for discretionary approvals required of the City for the residential development, or if no discretionary approvals are required, in conjunction with the application for the first administrative or ministerial permit or approval required for the residential development. The lnclusionary Housing Plan shall be in a form as required by the City, must include an Affordable Housing Agreement to implement the Inclusionary Housing Plan, and must include the following information as applicable based on the applicant's method of compliance with this Chapter:

1. How the inclusionary housing requirement will be satisfied pursuant to this Chapter;

2. The number, unit type, tenure, number of bedrooms, approximate location, size and design, construction, and completion schedule of all inclusionary units;

3. Phasing of inclusionary units in relation to market rate units;

4. The amount of in-lieu fees to be paid by the applicant, if applicable;

5. Any other information reasonably requested by the Community Development Director to assist with evaluation of the plan under the requirements of this ordinance; and

6. Acknowledgement that an instrument as specified by the City restricting the inclusionary unit(s) as affordable shall be recorded against every inclusionary unit and that a recordable affordable housing agreement shall be entered into by the applicant and any other necessary party, and/or that all required in-lieu fees shall be paid at the time set forth in Section 17.30.030, Inclusionary Housing Requirements.

B. Approval of Inclusionary Housing Plan.

1. In the event that the residential development requires discretionary approvals in order to be developed, the Inclusionary Housing Plan shall be considered with the application for such inclusionary approvals by the Approval Authority and may be appealed in accordance with the appeals procedures established for such approvals except as provided in subsection B.3.

Agenda Item #10.6.

Part IV: Citywide Standards
Part 1V, Page 94 | St. Helena Zoning Code | August 2023 Public Hearing Draft

2. In the event that the residential development does not require discretionary approvals in order to be developed, the Inclusionary Housing Plan shall be considered by the Community Development Director and must be approved prior to the issuance of any administrative or ministerial permits required for the residential development. The Community Development Director's decision is final unless a written appeal is filed with the Community Development Department within 10 days from the date of issuance of the Community Development Director’s decision. The City Council's decision on appeal shall be final.

3. In the event the applicant desires to comply with this Chapter by means of a method that specifically requires City Council approval pursuant to this Chapter, the Inclusionary Housing Plan shall be considered by the City Council either prior to or concurrently with consideration by the required Approval Authority for the approvals required for the residential development.

C. Form of Restrictions. The forms of the affordable housing agreement and any related declarations, resale restrictions, deeds of trust, and other documents authorized by this Section shall be in a general form as prescribed by the City, and shall be approved by the Community Development Director and approved as to form by the City Attorney prior to being executed for any residential development subject to this program.

D. Recording of Affordable Housing Agreements.

1. An affordable housing agreement in a form approved by the City Attorney must be recorded against inclusionary units or the residential development in its entirety, as deemed appropriate by the Community Development Director in consultation with the City Attorney, prior to the issuance of any building permit for the residential development. The affordable housing agreement shall ensure that the applicant develops the required inclusionary housing units and complies with all other terms of the approved Inclusionary Housing Plan and this Chapter.

2. Resale restrictions, deeds of trust, and/or other documents as deemed necessary or appropriate by the Community Development Director shall be recorded against forsale inclusionary units to ensure the continued affordability of the for-sale inclusionary units in compliance with this Chapter.

E. Building Permits. The City shall not issue a building permit for a residential development subject to the requirements of this Chapter without an affordable housing agreement executed by the owner, the applicant (if not the owner), and the Community Development Director, and approved as to form by the City Attorney, and recorded against the property, or payment of in-lieu fees in accordance with this Chapter.

17.30.050 Administration and Enforcement of Affordable Housing Program A. Affordable Housing Trust Fund Established. The City affordable housing trust fund (the “housing fund”) is established to increase and improve the supply of housing affordable to households of moderate, low and very low income households in the City. Separate accounts within the housing fund may be created from time to time to avoid commingling as required by law or as deemed appropriate to further the purposes of the housing fund.

Agenda Item #10.6.

Part IV: Citywide Standards
August 2023 Public Hearing Draft | St. Helena Zoning Code | Part IV, Page 95

1. Administration of Fund. The housing fund shall be administered by the Administrative Services Director who shall have the authority to govern the housing fund consistent with this Chapter, and to prescribe procedures for such purpose, subject to approval by the City Council.

2. Purposes and Use of Funds.
a. Monies deposited in the housing fund along with any interest earnings on such monies shall be used solely to increase and improve the supply of housing affordable to households of moderate, low and very low income households, including, but not limited to:
i. Acquisition of property and property rights;
ii. Cost of construction including costs associated with planning, administration, and design, as well as actual building or installation, as well as any other costs associated with the construction or financing of affordable housing;
iii. Reimbursement to the City for such costs if funds were advanced by the City from other sources; and
iv. Reimbursement of developers or property owners who have been required or permitted to install facilities which are beyond that which can be attributed to a specific development. To the maximum extent possible, all monies should be used to provide for additional affordable housing and services.
b. Monies may also be used to cover reasonable administrative expenses not reimbursed through processing fees, including reasonable consultant and legal expenses related to the establishment and/or administration of the housing fund and reasonable expenses for administering the process of calculating, collecting, and accounting for inclusionary fees and any deferred City fees authorized by this Section. No portion of the housing fund may be diverted to other purposes by way of a loan or otherwise. c. Monies in the housing fund shall be used to construct, acquire, rehabilitate or subsidize very low, low and moderate income housing and/or to assist other governmental entities, private organizations or individuals in the construction, rehabilitation, reimbursement of City advanced funds, reimbursement of developer supplied infrastructure capacity, location or subsidy of very low, low and moderate income housing. To the extent possible, as determined by the council, monies shall be targeted to benefit households identified as a need in the Housing Element of the General Plan. Monies in the housing fund may be disbursed, hypothecated, collateralized or otherwise employed for these purposes from time to time as the Community Development Director and City Attorney and City Council determine is appropriate to accomplish the purposes of the housing fund. These uses include, but are not limited to, assistance to housing development corporations, equity participation loans, grants, pre-home ownership co-investment, pre-development loan funds, participation leases, or other public/private partnership arrangements. The Agenda Item #10.6.

Part IV: Citywide Standards
Part 1V, Page 96 | St. Helena Zoning Code | August 2023 Public Hearing Draft housing fund monies may be extended for the benefit of rental or owneroccupied housing or housing services. d. Expenditures by the Finance Department from the housing fund shall be controlled, authorized, and paid in accordance with general City budgetary policies. Execution of contracts related to the use or administration of housing fund monies shall be in accordance with standard City Council policy.

3. Location of Housing Units and Housing Services to be Assisted with Housing Fund Monies. With respect to monies generated by the housing impact fee established by Section 17.30.020, Housing Impact Fees, these criteria shall also consider a reasonable geographical linkage between the nonresidential development projects subject to such fee and the housing assistance provided with the housing fund monies collected in connection with the projects, such that those receiving the housing assistance could reasonably commute to the commercial locations.

B. Bi-annual Review. The housing impact fee, housing in-lieu fee, and inclusionary requirements authorized by this Chapter and implementing resolution(s) shall be reviewed every two years by the City Council. Failure to perform the review does not excuse compliance with this Chapter.

C. Enforcement.

1. It is unlawful, a public nuisance, and a misdemeanor for any person to sell or rent an affordable unit at a price or rent exceeding the maximum allowed under this Chapter or to a household not qualified under this Chapter, and such person shall be subject to a fine for the first offense of $100.00 per day per unit from the date of original noncompliance until the affordable unit is in compliance with this Section. A second offense by the same owner for the same unit shall be subject to a fine of $1,000.00 per day per unit.

2. The City Attorney’s office or the Napa County district attorney, as appropriate, shall be authorized to abate violations of this Chapter and to enforce the provisions of this Chapter and all implementing regulatory agreements and resale controls placed on affordable units by civil action, injunctive relief, and any other proceeding or method permitted by law.

3. The remedies provided for in this Chapter shall be cumulative and not exclusive and shall not preclude the City from any other remedy or relief to which it otherwise would be entitled under law or equity.

D. Adjustment and Appeal.

1. A developer of any project subject to the requirements in this Chapter may appeal to the City Council for a reduction, adjustment, or waiver of the requirements based upon the absence of any reasonable relationship or nexus between the impact of the development and either the amount of the fee charged or the inclusionary requirement.

2. A developer subject to the requirements of this Chapter who has received an approved tentative subdivision or parcel map, Minor or Conditional Use Permit or similar discretionary approval and who submits a new or revised tentative subdivision Agenda Item #10.6.

Part IV: Citywide Standards
August 2023 Public Hearing Draft | St. Helena Zoning Code | Part IV, Page 97 or parcel map, Minor or Conditional Use Permit or similar discretionary approval for the same property may appeal for a reduction, adjustment or waiver of the requirements with respect to the number of lots or gross floor area of construction previously approved. No reduction, adjustment, or waiver shall be approved by the City Council for a new tentative subdivision or parcel map, Minor or Conditional Use Permit or similar discretionary approval on property with an approved tentative subdivision or parcel map, Minor or Conditional Use Permit or similar discretionary permit unless the City Council finds that the new tentative subdivision or parcel map, Minor or Conditional Use Permit or similar discretionary approval is consistent with the approved project both in its design and its mitigation of environmental impacts.

The decision of the City Council shall be final. If a reduction, adjustment, or waiver is granted, any change in use within the project shall invalidate the waiver, adjustment, or reduction of the fee or inclusionary requirement.

3. Any appeal under this Section shall be made in writing and filed with the City Clerk not later than 10 days before the first public hearing on any discretionary approval or permit for the development, or if no such discretionary approval or permit is required, or if the action complained of occurs after the first public hearing on such permit or approval, then the appeal shall be filed within 10 days after payment of the fees objected to. The appeal shall set forth in detail the factual and legal basis for the appeal. The City Council shall consider the appeal at the public hearing on the permit application or at a separate hearing within 60 days after the filing of the appeal, whichever is later. The appellant shall bear the burden of presenting substantial evidence to support the appeal including comparable technical information to support appellant’s position.

Agenda Item #10.6.

Part IV: Citywide Standards
Part 1V, Page 98 | St. Helena Zoning Code | August 2023 Public Hearing Draft Chapter 17.31 Two-Unit Projects

17.31.010 Purpose
The purpose of this Chapter is to allow and appropriately regulate two-unit projects in accordance with California Government Code § 65852.21. (Ord. 21-7 § 4 (Exh. B))

17.31.020 Definition
“Two-unit project” means the development of two primary dwelling units or, if there is already a primary dwelling unit on the lot, the development of a second primary dwelling unit on a legally subdivided lot in accordance with the requirements of this Chapter. (Ord. 21-7 § 4 (Exh. B))

17.31.030 Application
A. An application for a two-unit project must be submitted on the City’s approved form.

B. Only a complete application will be considered. The City will inform the applicant in writing of any incompleteness within 30 days after the application is submitted.

C. The City may establish a fee to recover its costs for adopting, implementing, and enforcing this Chapter of the Code, in accordance with applicable law. The City Council may establish and change the fee by resolution. The fee must be paid with the application. (Ord. 21-7 § 4 (Exh.

B))

17.31.040 Approval
A. An application for a two-unit project is approved or denied ministerially, by the Community Development Director, without discretionary review.

B. The ministerial approval of a two-unit project does not take effect until the City has confirmed that the required documents have been recorded, such as the deed restriction and easements.

C. The approval must require the owner and applicant to hold the City harmless from all claims and damages related to the approval and its subject matter.

D. The approval must require the owner and applicant to reimburse the City for all costs of enforcement, including attorneys’ fees and costs associated with enforcing the requirements of this Code. (Ord. 21-7 § 4 (Exh. B))

17.31.050 Requirements
A two-unit project must satisfy each of the following requirements:

A. Map Act Compliance. The lot upon which the two-unit project will be located must have been legally subdivided.

Agenda Item #10.6.

Part IV: Citywide Standards
August 2023 Public Hearing Draft | St. Helena Zoning Code | Part IV, Page 99 B. Zone. The two-unit project must be located in a single-family residential zone. For purposes of this Section, single-family residential zones include the following zoning districts in the City:

MR, LR, LR-1A, and WW.

C. Lot Location. The two-unit project may not be located on a site that is any of the following:

1. Prime farmland, farmland of statewide importance, or land that is zoned or designated for agricultural protection or preservation by the voters.

2. A wetland.

3. Within a very high fire hazard severity zone, unless the site complies with all fire hazard mitigation measures required by existing building standards.

4. A hazardous waste site that has not been cleared for residential use.

5. Within a delineated earthquake fault zone, unless all development on the site complies with applicable seismic protection Building Code standards.

6. Within a 100-year flood hazard area, unless the site has either:
a. Been subject to a letter of map revision prepared by the Federal Emergency Management Agency and issued to the local jurisdiction; or b. Meets Federal Emergency Management Agency requirements necessary to meet minimum floodplain management criteria of the National Flood Insurance Program.

7. Within a regulatory floodway, unless all development on the site has received a norise certification.

8. Land identified for conservation in an adopted natural community conservation plan, habitat conservation plan, or other adopted natural resource protection plan.

9. Habitat for protected species.

10. Land under conservation easement.

D. Not Historic. The two-unit project must not be located on a historic property or within a historic district that is included on the California Historical Resources Inventory. Further, the property upon which the two-unit project will be located also may not be or be within a site that is designated by ordinance to be within a historic preservation district, as a City or county landmark or as a historic property or district.

E. No Impact on Protected Housing. The two-unit project must not require or include the demolition or alteration of any of the following types of housing:

1. Housing that is income-restricted for households of moderate, low, or very low income.

2. Housing that is subject to any form of rent or price control through a public entity’s valid exercise of its police power.

3. Housing, or a lot that used to have housing, that has been withdrawn from rental or lease under the Ellis Act (California Government Code §§ 7060 through 7060.7) at any time in the 15 years prior to submission of the urban lot split application.

Agenda Item #10.6.

Part IV: Citywide Standards
Part 1V, Page 100 | St. Helena Zoning Code | August 2023 Public Hearing Draft

4. Housing that has been occupied by a tenant in the last three years. The applicant and the owner of a property for which a two-unit project is sought must provide a sworn statement as to this fact with the application for the parcel map. The City may conduct its own inquiries and investigation to ascertain the veracity of the sworn statement, including, but not limited to, surveying owners of nearby properties; and the City may require additional evidence of the applicant and owner as necessary to determine compliance with this requirement.

F. Unit Standards.

1. Floor Area Ratio, Height Limitations, Lot Coverage and Open Space Requirements. All existing standards in this Title related to floor area ratio, height limitations, lot coverage and open space requirements shall apply to units constructed pursuant to this Chapter, except to the extent that such standards would prevent two units of at least 800 square feet each to be constructed on the lot upon which the units will be located.

2. Demolition Cap. The two-unit project may not involve the demolition of more than 25 percent of the existing exterior walls of an existing dwelling unless the site has not been occupied by a tenant in the last three years.

3. Setbacks.
a. Generally. All setbacks must conform to those objective setbacks that are imposed in the underlying zone.
b. Exceptions. Notwithstanding subsection F.3.a of this Section:
i. Existing Structures. No setback is required for an existing legally established structure or for a new structure that is constructed in the same location and to the same dimensions as an existing legally established structure.
ii. The setbacks imposed by the underlying zone must yield to the degree necessary to avoid physically precluding the construction of up to two units on the lot or either of the two units from being at least 800 square feet in floor area; but in no event may any structure be less than four feet from a side or rear property line.
iii. Front Setback Area. Notwithstanding any other part of this Code, dwellings that are constructed pursuant to this Chapter must be consistent with the front setback requirements of the underlying zoning district.

4. Parking. Required parking as set forth below must be on the same lot as the residential unit served. Each new dwelling unit constructed pursuant to this Chapter must have at least one off-street parking space per unit unless one of the following applies:
a. The parcel is located within one-half mile walking distance of either:
i. A corridor with fixed route bus service with service intervals no longer than 15 minutes during peak commute hours; or
Agenda Item #10.6.

Part IV: Citywide Standards
August 2023 Public Hearing Draft | St. Helena Zoning Code | Part IV, Page 101 ii. A site that otherwise qualifies as a high-quality transit corridor as defined in § 21155(b) of the Public Resources Code, or a major transit stop as defined in § 21064.3 of the Public Resources Code. b. The parcel is located within one block of a permanent, marked location for carshare vehicle pick-up and drop-off.

5. Replacement Parking Required. When an existing garage, carport, or other covered parking structure is converted or demolished in order to construct a new unit, the required parking spaces that are displaced by the conversion or demolition shall be replaced on the same lot, and may be either covered or uncovered, in order to satisfy the automobile parking requirement of the existing residential unit.

6. Design Standards. Each new dwelling unit constructed pursuant to this Chapter shall comply with all objective standards as set forth in this Title as applicable in the underlying zoning district. Additionally, all units constructed pursuant to this Chapter shall comply with all of the following:
a. All exterior lighting must be limited to fully-shielded light fixtures. b. If a new dwelling is constructed pursuant to this Chapter and any portion of the dwelling is less than 30 feet from a property line that is not a public rightof-way line, then all windows and doors in that portion must either be (for windows) clerestory with the bottom of the glass at least six feet above the finished floor, or (for windows and for doors) utilize frosted or opaque glass. c. No rooftop decks shall be allowed on new dwelling units constructed pursuant to this Chapter.
d. Upper story unenclosed landings, decks and balconies greater than 20 square feet that face or overlook an adjoining property shall be located a minimum of 15 feet from the interior lot lines.
e. A two-unit residential project constructed pursuant to this Chapter may not include a request for an exception to any objective standards by applying for a variance, modification, exception, waiver or other discretionary approval for height, density, setbacks, open yard, land use, or similar development standard.
f. On a site already developed with an existing residential unit, the new unit shall be designed and constructed to match the existing paint color and exterior building materials, including but not limited to siding, windows, doors, roofing, and exterior light fixtures.
g. If a two-unit residential project is proposed on a lot where no residential units currently exist, the units shall be constructed using the same architectural style, exterior building materials, colors and finishes.

7. Landscaping. Evergreen landscape screening must be planted and maintained between each dwelling and adjacent lots along interior lot lines (but not rights-of-way) as follows:

Agenda Item #10.6.

Part IV: Citywide Standards
Part 1V, Page 102 | St. Helena Zoning Code | August 2023 Public Hearing Draft a. At least one 15-gallon size plant shall be provided for every five linear feet of exterior wall. Alternatively, at least one 24-inch box size plant shall be provided for every ten linear feet of exterior wall.
b. Plant specimens must be at least six feet tall when installed. As an alternative, a solid fence of at least six feet in height may be installed. All landscaping must be drought tolerant.
c. A complete landscaping and irrigation plan shall be submitted and approved by the Community Development Department prior to the issuance of building permits for a two-unit residential development.

8. Building Separation. Unless attached to and made part of another main building pursuant to the definition of accessory building in Chapter 17.32, Definition of Terms, no detached main building shall be closer than ten feet to any other main building on the same lot; and no detached accessory building shall be closer than five feet to any other main or accessory building on the same lot; provided, that the requirements of this subsection shall not apply if doing so would preclude the construction of two units of at least 800 square feet each on the lot upon which the units will be located.

9. Building and Safety. All two-unit residential projects must comply with all current local building standards.

10. Stormwater and Runoff Pollution Control. All construction activity or development that occurs in furtherance of a two-unit project shall comply with all requirements of St. Helena Municipal Code Chapter 13.32, Stormwater and Runoff Pollution Control.

G. Separate Conveyance.

1. Primary dwelling units on the lot may not be owned or conveyed separately from each other.

2. Condominium airspace divisions and common interest developments are not permitted within the lot.

3. All fee interest in the lot and all the dwellings must be held equally and undivided by all individual property owners.

H. Notice of Construction.

1. At least 30 business days before starting any construction of a two-unit project, the property owner must give written notice to all the owners of record of each of the adjacent residential parcels, which notice must include the following information:
a. Notice that construction has been authorized;
b. The anticipated start and end dates for construction; c. The hours of construction;
d. Contact information for the project manager (for construction-related complaints); and
e. Contact information for the Building Division.

Agenda Item #10.6.

Part IV: Citywide Standards
August 2023 Public Hearing Draft | St. Helena Zoning Code | Part IV, Page 103

2. This notice requirement does not confer a right on the noticed persons or on anyone else to comment on the project before permits are issued. Approval is ministerial.

Under State law, the City has no discretion in approving or denying a particular project under this Section. This notice requirement is purely to promote neighborhood awareness and expectation.

I. Deed Restriction. Prior to obtaining a building permit for a two-unit project pursuant to this Chapter, the owner must record a deed restriction, acceptable to the City, that does each of the following:

1. Expressly prohibits any rental of any dwelling on the property for a period of less than 30 days.

2. Expressly prohibits any nonresidential use of the lot.

3. Expressly prohibits any separate conveyance of a primary dwelling on the property, any separate fee interest, and any common interest development within the lot.

4. If the lot is not created by an urban lot split, expressly requires the individual property owners to live in one of the dwelling units on the lot as the owners’ primary residence and legal domicile.

5. States that the property is formed by an urban lot split and is therefore subject to the City’s urban lot split regulations, including all applicable limits on dwelling size and development.

J. Basis for Denial—Specific, Adverse Impacts.

1. Notwithstanding anything else in this Section, the City may deny an application for a two-unit project if the Chief Building Official makes a written finding, based on a preponderance of the evidence, that the project would have a “specific, adverse impact” on either public health and safety or on the physical environment and for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact.

2. “Specific, adverse impact” has the same meaning as in California Government Code § 65589.5(d)(2): “a significant, quantifiable, direct, and unavoidable impact, based on objective, identified written public health or safety standards, policies, or conditions as they existed on the date the application was deemed complete” and does not include (1) inconsistency with the zoning ordinance or general plan land use designation or (2) the eligibility to claim a welfare exemption under Revenue and Taxation Code Section 214(g).

3. The Chief Building Official may consult with and be assisted by planning staff and others as necessary in making a finding of specific, adverse impact.

K. Remedies. If a two-unit project violates any part of this Code or any other legal requirement:

1. The buyer, grantee, or lessee of any part of the property has an action for damages or to void the deed, sale, or contract.

2. The City may:
a. Bring an action to enjoin any attempt to sell, lease, or finance the property.

Agenda Item #10.6.

Part IV: Citywide Standards
Part 1V, Page 104 | St. Helena Zoning Code | August 2023 Public Hearing Draft b. Bring an action for other legal, equitable, or summary remedy, such as declaratory and injunctive relief.
c. Pursue criminal prosecution, punishable by imprisonment in county jail or state prison for up to one year, by a fine of up to $10,000.00, or both; or a misdemeanor.
d. Record a notice of violation.
e. Withhold any or all future permits and approvals.
f. Pursue all other administrative, legal, or equitable remedies that are allowed by law or the City’s Code. (Ord. 21-7 § 4 (Exh. B))
Agenda Item #10.6.

PART V: DEFINITIONS AND RULES OF MEASUREMENT
Agenda Item #10.6.

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Agenda Item #10.6.

Part V: Definitions and Rules of Measurement
August 2023 Public Hearing Draft | St. Helena Zoning Code | Part V, Page 3 Definitions of Terms
This chapter provides definitions for terms that are commonly used throughout this Title. Refer to Chapter 17.33, Definitions of Uses, for definitions of all uses established in the use tables in Part III, District Regulations.

Abutting. See “Adjacent.”
Access drive. See Section 17.26.020, Definitions.

Accessory dwelling unit (ADU). See Section 17.22.030, Accessory Dwelling Units.

Accessory structure. A structure that is accessory and incidental to a dwelling located on the same lot.

Accessory use. A use that is customarily associated with, and is incidental and subordinate to, a primary use and located on the same lotas a primary use.

Accessory use, commercial. Any customarily incidental and clearly subordinate element of a commercial business operation that; (a) is compatible with the purpose(s) for which the zoning district was established; and (b) is not listed as a prohibited use in that district. Customarily incidental uses are those commonly found with other, similar primary uses; for example: greeting cards are commonly found in pharmacies. Clearly subordinate uses shall encompass no more than 15 percent of the business floor area and shall generate no more than 15 percent of the gross revenue receipts.

A business may have more than one accessory use, but each accessory use must comply with the limitations on floor area space and gross receipts, and the total combined area of shall not exceed 30 percent of the business floor area and the total combined revenue from the accessory uses shall not exceed 30 percent of the gross receipts.

ADA. The Americans with Disabilities Act, as amended.

Addition. A building, structure, or floor area added to the original structure at some time after the completion of the original structure.

Adjacent. Directly adjoining, having a common boundary or property line, or contiguous to.

Affordable housing. Housing for which “affordable rent” or an “affordable sales price” is required to be charged.

Affordable housing agreement. A legally binding agreement between an applicant and the City, in a form and substance satisfactory to the City Manager and City Attorney and suitable for recording, setting forth those provisions necessary to ensure that the requirements of this Title are, and will continue to be, satisfied.

Affordable housing cost. The housing cost for for-sale inclusionary units as defined by California Health & Safety Code § 50052.5 for owner occupied housing, as applicable to the moderate-income households.

Agenda Item #10.6.

Part V: Definitions and Rules of Measurement
Part V, Page 4 | St. Helena Zoning Code | August 2023 Public Hearing Draft Affordable rent. The affordable rent for rental dwelling units as defined in California Health and Safety Code § 50053.

Affordable sales price. The maximum sales price for which a for sale inclusionary unit may be sold, that will result in the purchaser paying an affordable housing cost for the for sale inclusionary unit, assuming a benchmark mortgage interest rate and minimum down payment as may be established by the City from time to time.

Affordable unit. Dwelling units which are required to be rented at affordable rents or purchased at an affordable sales price to specified households.

Agency. An office or commercial establishment in which goods, materials or equipment is received for servicing, treatment or processing elsewhere.

Agent. Any authorized person acting for the property owner or applicant.

Agricultural employee. As defined in California Labor Code § 1140.4, an agricultural employee is one engaged in agriculture, as such term is defined in subdivision (a). However, nothing in this subdivision shall be construed to include any person other than those employees excluded from the coverage of the National Labor Relations Act, as amended, as agricultural employees, pursuant to § 2(3) of the Labor Management Relations Act (§ 152(3), Title 29, United States Code), and § 3(f) of the Fair Labor Standards Act (§ 203(f), Title 29, United States Code).

Alteration. Any change, addition or modification in construction.

Amendment. A revision, addition, or deletion in the wording of this Title, or the General Plan; or a change in the zone classification or zoning district boundary upon the Zoning Map, or a change in the land use designation upon the General Plan map.

Annexation. The addition of parcels into the City with a resulting change in the boundaries of the City.

Annual household income. The combined gross income for all adult persons living in a dwelling unit as calculated for the purpose of the Section 8 program under the United States Housing Act of 1937, as amended, or its successor.

Apartment. See “Multi-family dwelling in Chapter 17.33, Definitions of Uses.

Apiary. A place where one or more honeybee colonies are kept.

Applicant. Any person, firm, partnership, association, joint venture, corporation or any entity, combination of entities or consortium who seek approval of a City permit, license or other entitlement for use of property. Also includes an authorized agent of any of the above.

Application, complete. An application shall be deemed complete when it contains all maps, drawings and other information requested by the Community Development Department and, where necessary, an environmental assessment.

Arbor. A shade-providing structure with a roof and perhaps sides formed by trees or climbing plants trained over a framework.

Area Median Income. The annual median household for Napa County, adjusted for household size, as published periodically in the California Code of Regulations, Title 25, § 6932, or its successor provision.

Agenda Item #10.6.

Part V: Definitions and Rules of Measurement
August 2023 Public Hearing Draft | St. Helena Zoning Code | Part V, Page 5 Attic. A room or space immediately below the roof of a building that is not habitable and is utilized only for storage.

Awning. A roof-like cover that projects from the wall of a building, shielding a doorway or window from the elements.

Balcony. An open platform, enclosed by a parapet or railing and projecting from an exterior wall of a building.

Basement. Any floor level below the first story in a building in which the finished floor level directly above is less than four feet above finished grade on all sides. See Section 17.34.030, Measuring Height.

Bedroom. Any habitable room with no less than 70 square feet of floor area and no dimension less than seven feet in a dwelling other than bathroom(s), kitchen, living and dining room. Unless specifically designed to exclude its use as a bedroom (e.g., no closet, enlarged entryway without doors, no windows open to the exterior, etc.), any den, study or other room meeting the above definition of a bedroom shall be considered a bedroom for the purpose of meeting the regulations and standards of the code.

Beehive. A series of rectangular boxes stacked one on top of the other, which house a colony.

Standard dimensions of these boxes are 20 by 16.5 by nine and one-half inches.

Block. The collection of assessor’s parcels that share the same block number on the Napa County Assessor’s map.

Building. A structure intended for any use or occupancy with substantial walls and roof.

Building area or Building site. The portion of a lot where the principal building can be located.

Excludes the setbacks required by the zoning district.

Building face or Building façade. The outer surface of the main exterior wall of a building. For example, a building with a rectangular plan has four exterior walls and four building faces or facades.

Building permit. A permit issued pursuant to Title 15, Chapter 15.04 of the St. Helena Municipal Code.

Building, principal or Building, primary. A building in which the principal use of the lot is conducted.

Bulk storage. The storage of chemicals, petroleum products and other materials in aboveground containers for subsequent resale to distributors or retail dealers or outlets.

CalGreen. California Green Building Standards Code, Title 24, Part 11, of the California Code of Regulations.

Canopy. A structural, ornamental roof-like appendage, attached to a building or that may be freestanding, including roof overhangs, but excluding awnings or metallic hoods.

Carport. A roofed structure providing space for the parking or storage of motor vehicles and open on one or more sides.

Center line. See “Street, center line of.”
Certificate of Occupancy. The permit issued by the Community Development Department authorizing the initial occupancy of a residential unit or a nonresidential use, including a temporary certificate of occupancy.

Agenda Item #10.6.

Part V: Definitions and Rules of Measurement
Part V, Page 6 | St. Helena Zoning Code | August 2023 Public Hearing Draft Chief Building Official. The Chief Building Official of the City of St. Helena, or designee, charged with the administration and enforcement of the building, housing, plumbing, electrical and related codes, as provided by the St. Helena Municipal Code.

City. The City of St. Helena.

City Council. The Council of the City of St. Helena.

City Engineer. The Director of the City Engineering Department of the City of St. Helena, or designee.

Common usable open space. Land within or related to a development, not individually owned or dedicated for public use, which is designated and intended for the common use or enjoyment of the residents of the development. May be located on the ground, roof, deck or porch which is designed and used for outdoor living or recreation and may include such complimentary structures and improvements as are necessary.

Community Development Director. The Director of the Community Development Department of the City of St. Helena, or designee.

Concession or incentive. As defined in California Government Code § 65915, a concession or incentive means any of the following:

1. A reduction in site development standards or a modification of zoning code requirements or architectural design requirements that exceed the minimum building standards approved by the California Building Standards Commission as provided in Part 2.5 (commencing with § 18901) of Division 13 of the California Health and Safety Code, including, but not limited to, a reduction in setback and square footage requirements and in the ratio of vehicular parking spaces that would otherwise be required that results in identifiable and actual cost reductions, to provide for affordable housing costs, as defined in § 50052.5 of the California Health and Safety Code, or for rents for the targeted units to be set as specified in subdivision (c).

2. Approval of mixed-use zoning in conjunction with the housing project if commercial, office, industrial, or other land uses will reduce the cost of the housing development and if the commercial, office, industrial, or other land uses are compatible with the housing project and the existing or planned development in the area where the proposed housing project will be located.

3. Other regulatory incentives or concessions proposed by the developer or the City, county, or City and county that result in identifiable and actual cost reductions to provide for affordable housing costs, as defined in § 50052.5 of the California Health and Safety Code, or for rents for the targeted units to be set as specified in subdivision (c).

Conditional use. A use, structure or other development for which a Conditional Use Permit is required.

Conditional Use Permit. A discretionary permit which may be granted by the appropriate City authority to provide for the accommodation of land uses with special site or design requirements, operating characteristics, or potential adverse effects on surroundings, which are not permitted as of right, but which may be approved upon completion of a discretionary review process and, where necessary, the imposition of special conditions of approval. See Section 17.05.020, Conditional Use Permit.

Agenda Item #10.6.

Part V: Definitions and Rules of Measurement
August 2023 Public Hearing Draft | St. Helena Zoning Code | Part V, Page 7 Condominium project. As defined in subdivision (f) of § 1351 of the California Civil Code, a condominium project means a development consisting of condominiums. A condominium consists of an undivided interest in common in a portion of real property coupled with a separate interest in space called a unit, the boundaries of which are described on a recorded final map, parcel map, or condominium plan in sufficient detail to locate all boundaries thereof. The area within these boundaries may be filled with air, earth, or water, or any combination thereof, and need not be physically attached to land except by easements for access and, if necessary, support. The description of the unit may refer to (1) boundaries described in the recorded final map, parcel map, or condominium plan, (2) physical boundaries, either in existence, or to be constructed, such as walls, floors, and ceilings of a structure or any portion thereof, (3) an entire structure containing one or more units, or (4) any combination thereof. The portion or portions of the real property held in undivided interest may be all of the real property, except for the separate interests, or may include a particular three-dimensional portion thereof, the boundaries of which are described on a recorded final map, parcel map, or condominium plan. The area within these boundaries may be filled with air, earth, or water, or any combination thereof, and need not be physically attached to land except by easements for access and, if necessary, support. An individual condominium within a condominium project may include, in addition, a separate interest in other portions of the real property.

Construction costs. The estimated cost per square foot of construction, as established by the Building Department for use in the setting of regulatory fees and building permits, multiplied by the total square footage, minus the garage floor area, to be constructed.

Construction work. Any work for which a building permit is required, and also includes grading, landscaping and the erection, installation, or painting of signs or public art.

Conversion. Conversion of an existing residential building to a nonresidential use, excluding home occupations as defined in Chapter 17.33, Definitions of Uses, or 3,000 square feet of floor area or more of a nonresidential building from one use category to another.

Cooperative. A form of multiple ownership of real estate in which a corporation or business trust entity holds title to a property and grants occupancy rights to particular units to shareholders by means of proprietary leases or similar arrangements.

Cottage food products. Non-potentially hazardous foods, including foods that are limited to and described in State of California Health and Safety Code § 114365.5 and that are prepared for sale in the kitchen of a cottage food operation.

Cupola. A small, usually domed structure surmounting a roof for decorative purposes only. It does not contain flooring nor does it serve as a story.

Decibel (dB). A unit for measuring the amplitude of a sound, equal to 20 times the logarithm to the base of 10 of the ratios of the pressure of the sound measured to the reference pressure, which is 20 micro pascals.

Deck. A platform requiring ground supports usually extending from the main wall of the structure and used as exterior floor space.

Deed restriction. A restriction on the use of land set forth in the deed.

Demolition. The intentional removal of all or part of a building or structure when a building or structure is a designated historic landmark or located in a designated historic district. In all other areas of the City “demolition” means the intentional destruction and removal of 50 percent or more of the Agenda Item #10.6.

Part V: Definitions and Rules of Measurement
Part V, Page 8 | St. Helena Zoning Code | August 2023 Public Hearing Draft enclosing finished floor exterior walls and 50 percent of the roof structure of any building or structure. The percentage of this definition is determined using linear feet of finished floor.

Density. See “Residential density.”
Density bonus. Except as applied to a condominium project or a senior housing development, means a density increase of at least 20 percent unless a lesser percentage is elected by the developer, over the otherwise maximum allowable residential density for the site under the applicable zoning district and land use element of the General Plan. The amount of the density bonus to which the applicant is entitled shall vary according to the amount by which the percentage of affordable housing units exceeds the percentage established in Section 17.29.040, Application. For each one percent increase above 10 percent in the percentage of units affordable to lower income households, the density bonus shall be increased by one and one-half percent up to a maximum of 35 percent. For each one percent increase above five percent in the percentage of units affordable to very low income households, the density bonus shall be increased by two and one-half percent up to a maximum of 36 percent. All density calculations resulting in fractional units shall be rounded up to the next whole number.

Density bonus, Condominium project. For a condominium project in which at least 10 percent of total units are reserved for moderate income households, is a density increase of at least five percent, unless a lesser percentage is elected by the developer, over the otherwise maximum allowable residential density for the site under the applicable zoning district and land use element of the General Plan.

Density bonus, Senior housing development. For a senior housing development, as defined in §§

51.3 and 51.12 of the California Civil Code or any successor statutes, or a mobile home park that limits residency based on age requirements for housing for older persons pursuant to California Civil Code § 798.76 or § 799.5 or any successor statutes, shall be twenty percent of the number of senior housing units, unless a lesser percentage is elected by the developer.

Density bonus units. Dwelling units approved in a residential development pursuant to California Government Code § 65915 et seq. and Chapter 17.29, Density Bonus, that are in excess of the maximum residential density otherwise permitted by the City’s General Plan or this Title, and any applicable Specific Plan.

Development. Any manmade change to improved or unimproved real estate, including but not limited to the division of a parcel of land into two or more parcels; the construction, reconstruction, conversion, structural alteration, relocation, or enlargement of any structure; any mining, excavation, landfill or land disturbance; and any use or extension of the use of land.

Development project. Any project undertaken for the purpose of development, including the issuance of a permit or approval for construction, reconstruction, use or operation whether or not the permit or approval is ministerial or discretionary in nature.

Discretionary permit. Any permit or license issued by the City for a project which requires the exercise of judgment or deliberation wherein the City decides to either approve or disapprove a particular activity in accordance with applicable laws, including but not limited to use permits, and the approval or modification of tentative, or tentative parcel maps pursuant to St. Helena Municipal Code Title 15, Buildings and Construction.

District, Zoning District, or Zone. A portion of the territory of the City within which certain uniform regulations and requirements, or various combinations thereof, apply under the provisions of this Title.

Agenda Item #10.6.

Part V: Definitions and Rules of Measurement
August 2023 Public Hearing Draft | St. Helena Zoning Code | Part V, Page 9 Drive-through use. An establishment which by design, physical facilities, service or by packaging procedures encourages or permits customers to receive services, obtain goods including food, or be entertained while remaining in their motor vehicles is a drive-in use.

Driveway, residential. See Section 17.26.020, Definitions.

Duplex. A two-family dwelling designed or used exclusively as a residence. Includes two separate but attached dwelling units. Also known as a two-unit project.

Dwelling, attached. A single-family dwelling attached to one or more single-family dwellings by a common vertical wall.

Dwelling, detached. A single-family dwelling which is not attached to any other dwelling by any means.

Dwelling unit. A building or portion of a building including one or more rooms which is designed or used as a residence for one family or housekeeping unit with facilities for living, sleeping, cooking and dining.

Easement. A limited right of one person or class of persons to use real property owned or occupied by another, which right is described specifically as to location and entitlement to use.

Eave. The projecting lower edges of a roof overhanging the wall of a building.

Effective date. The date upon which this Zoning Code is in full force and effect from and after its adoption by the City Council.

Eligible household. Any household or applicant which the Community Development Department has determined meets the eligibility standards for affordable housing pursuant to the Section 8 program under the United States Housing Act of 1937, as amended, or its successor.

Employee. Each person engaged in the operation or conduct of any business, whether as owner, any member of the owner’s family, partner, agent, manager, solicitor and any and all other persons employed or working in such business.

Enlargement. An increase in the size of an existing building or structure or an increase in the physical area occupied by the use of land.

Erect. To construct, place, relocate, enlarge, substantially alter, attach, suspend, paint, post, or display.

Normal maintenance, including refinishing, is not included in this definition.

Erosion, soil. The detachment and movement of soil or rock fragments, or the wearing away of the land surface by water, wind, ice, and gravity.

Family. One or more persons living together as a single housekeeping unit in a dwelling unit.

Farmworker. See “Agricultural Employee”.

Feasible. Capable of being accomplished in a successful manner within a reasonable period of time, taking into account economic, environmental, social and technical factors.

Fence. A barrier enclosing or defining an area, as separating or screening areas, usually made of posts and wires or wood and including walls or like structures.

Finance Director. The Director of the Finance Department of the City of St. Helena, or designee.

Fire Chief or Official. The Chief of the St. Helena Fire Department, or designee.

Agenda Item #10.6.

Part V: Definitions and Rules of Measurement
Part V, Page 10 | St. Helena Zoning Code | August 2023 Public Hearing Draft Final inspection. An inspection performed by the Building Division of the Community Development Department to verify completion of the project per approved plans; a precondition to occupancy.

Flag lot. A lot in which the buildable portion of the lot is connected to and accessible from a public or private right-of-way by a narrow strip of land. The wider, buildable portion of the lot is situated behind adjoining lots which front on the same public or private street. Also known as a “panhandle lot.” Flea market. An occasional or periodic selling of goods held in an open area or structure where groups of individual sellers offer new and used goods for sale to the public.

Floor area. The sum of the gross horizontal floor areas of a building measured from the exterior face of exterior walls, or from the center line of a wall separating two buildings. See also Section 17.34.050, Measuring Floor Area and Floor Area Ratio.

Floor area ratio (FAR). The ratio of building gross floor area divided by net parcel area. For example, one building or a group of buildings with a total of 20,000 square feet of floor area on a 40,000 square foot lot would translate to a 0.50 FAR.

Figure 17.32.A: Floor Area Ratio (FAR)
For-sale. Any dwelling unit, including but not limited to a condominium, townhome, other attached or detached single family dwelling unit, for which a parcel or tentative and final map is required for the lawful subdivision of the parcel upon which the dwelling unit is located for the creation of the unit in accordance with the Subdivision Map Act (California Government Code §§ 66410 et seq.).

Frontage, building. The lineal dimension, parallel to the ground, of a building directly facing a rightof-way.

Garage. An accessory structure or portion of a main structure, enclosed on three or more sides and containing accessible and usable enclosed space designed, constructed, and maintained for the parking and storage of one or more motor vehicles.

General Plan. The General Plan of the City of St. Helena. This is a comprehensive, long-term plan for the orderly physical development of the land and the preservation of open space in the City according to California Government Code § 653009 et seq. The plan is an integrated, internally consistent and Agenda Item #10.6.

Part V: Definitions and Rules of Measurement
August 2023 Public Hearing Draft | St. Helena Zoning Code | Part V, Page 11 compatible statement of land use policies, consisting of maps and texts stating principles, standards, proposals, and objectives contained in the area plans, required elements, or other permitted elements.

Glare. The effect produced by brightness sufficient to cause annoyance, discomfort or loss in visual performance and visibility.

Grade. See “Slope.”
Grade, average. The average of the finished ground level (i.e. finished grade) at the outermost corners of a building or building segments of stepped or terraced buildings.

Grade, finished. The elevation of the ground surface in its final state, after manmade alterations.

Grade, natural. The elevation of the undisturbed natural surface of the ground adjoining a building or structure as determined by the site grading plan.

Gross floor area. The total horizontal area in square feet of each floor within the exterior walls of all buildings on a parcel, as measured at the exterior face of the enclosing walls.

Guest house. An accessory building or portion of an accessory building, used for living quarters, which is clearly subordinate and incidental to the principal building(s) on the same lot, without facilities for cooking, and which is not separately rented, let or leased for direct or indirect compensation.

Guest room. Any room or rooms used or intended to be used by a guest for sleeping purposes in a principal or detached accessory building, but without kitchen or cooking facilities.

Habitable. Meeting the requirements of the California Administrative Code, Title 24, including, but not limited to, insulation, heating, ventilation, and lighting (in relation to building construction).

Hardscape area. All exterior surfaces such as walkways, pools and pool decks, driveways, at-grade patios, or tennis courts that are constructed with non-porous materials such as asphalt or concrete.

Height. The vertical distance from a point on the ground below a structure to a point directly above.

See Section 17.34.030, Measuring Height.

Helipad. A landing area for helicopters on public or private lands or buildings, for the picking up and discharging of passengers or freight.

Honeybee colony. A cluster of worker-bees with a queen and drones.

Household pets. Small animals of the type generally accepted as pets, including dogs, cats, rabbits, domesticated pigs, pigeons, hens, and the like; but not including roosters, quacking ducks, geese, pea fowl, goats, hogs, apiaries, or the presence of animals for commercial purposes.

Household. One person living alone or two or more persons sharing residency.

Housing Authority. The Napa Valley Housing Authority.

Housing costs. The monthly mortgage principal and interest, property taxes, association fees, and required homeowner’s insurance, for ownership units and the monthly rent for rental units.

Housing impact fee. The fee established pursuant to Section 17.30.020, Housing Impact Fees, for nonresidential development projects.

Agenda Item #10.6.

Part V: Definitions and Rules of Measurement
Part V, Page 12 | St. Helena Zoning Code | August 2023 Public Hearing Draft Housing in-lieu fee. The fee established pursuant to Section 17.30.030, Inclusionary Housing Requirements, for residential development projects.

Housing unit. See “Dwelling unit.”
Hydrozone. A portion of the landscaped area having plants with similar water needs.

Inclusionary Housing Fund. The City of St. Helena Affordable Housing Trust Fund established pursuant to Section 17.30.050, Administration and Enforcement of Affordable Housing Program, and designated by the City to maintain and account for all funds received pursuant to this Title, including but not limited to all in-lieu fees.

Inclusionary Housing Plan. A plan containing all the information specified in and submitted in conformance with Section 17.30.040, Inclusionary Housing Compliance Procedures, specifying the manner in which inclusionary units will be provided in conformance with this Title. lnclusionary unit. A dwelling unit that is designated to meet the requirements set forth in this Code, and that must be made available at an affordable housing cost or an affordable rent to eligible moderate-, low- or very low-income households, as applicable to the unit.

Junior accessory dwelling unit (JADU). See Section 17.22.030.C.

Kitchen. An area within any structure, including, but not limited to, dwelling units, equipped to allow the storage, cooking, refrigeration of food and/or intended for the preparation of food.

Land disturbance. Any activity involving the clearing, cutting, excavating, filling or grading of land or any other activity which alters land topography or vegetative cover.

Landscaping. The use of land for permanent, planned planting with, for example, shrubs, trees, or ground cover plants.

Light fixture, fully-shielded. Light fixture or luminous tube constructed and mounted such that all light emitted by the fixture or tube, either directly from the lamp, tube, or a diffusing element, or indirectly by reflection or refraction from any part of the light fixture, is projected below the horizontal plane. If the lamp or tube, any reflective surface, or lens cover (clear or prismatic) is visible when viewed from above or directly from the side, from any angle around the fixture or tube, the fixture or tube is not fully shielded.

Light fixture, partially-shielded. A light fixture constructed and mounted such that most light emitted by the fixture, either directly from the lamp or a diffusing element, or indirectly by reflection or refraction from any part of the fixture, is projected below the horizontal plane. Light emitted at or above the horizontal direction (sideways or upwards) arises only from incidental decorative elements or strongly colored or diffusing materials such as "honey" or colored glass or plastic. Fixtures using spot or flood lamps are considered partially shielded.

Livestock. All domesticated horses, mules, donkeys, cows, pigs, sheep, goats and similar species.

Living quarters. An accessory structure without kitchen facilities designed and used exclusively by persons and families employed on the premises.

Loft. A floor space directly beneath the roof of a structure raised above the main floor. See Section,

17.34.030, Measuring Height.

Lot. A parcel, tract, or area of land whose boundaries have been established by a legal instrument, such as a deed or map recorded with the Napa County, and which is recognized as a separate legal Agenda Item #10.6.

Part V: Definitions and Rules of Measurement
August 2023 Public Hearing Draft | St. Helena Zoning Code | Part V, Page 13 entity for purposes of transfer of title, except public easements or rights-of-way. Lot types include the following:

Abutting Lot. A lot having a common property line or separated by a public path or lane, private street, or easement to the subject lot.

Corner Lot. A lot or parcel bounded by two or more adjacent street lines, or two parts of the same street, that have an angle of intersection of not more than 135 degrees.

Flag Lot. A lot so shaped that the main portion of the lot area does not have access to a street other than by means of a corridor having less than 20 feet of width.

Interior Lot. A lot bounded on one side by a street line and on all other sides by lot lines between adjacent lots or that is bounded by more than one street with an intersection greater than 135 degrees; a lot other than a corner lot.

Irregular Lot. A lot which is shaped in manner that it does not match the regular pattern of lots on a block, such as a lot with a shape that is not square or rectangular.

Through Lot. A lot having frontage on two parallel or approximately parallel streets.

Figure 17.32.B: Lot Types
Lot area. The gross area of the lot, measured horizontally between lot lines and including any public or private easements contained within the lot lines. See Section 17.34.040, Measuring Lots.

Lot coverage. The land area covered by all buildings or structures on a lot, including all projections excluding eaves, and except as provided in Section 17.34.060, Measuring Lot Coverage.

Lot depth. The horizontal distance between the front and rear property lines of a site measured midway between the side property lines. See also Section 17.34.040, Measuring Lots.

Lot line. The property line bounding the lot.

Front Lot Line, or Lot frontage. On an interior lot, the line separating the lot from the right-ofway, public plaza, or parking lot. On a corner lot, the shorter lot line abutting a right-of-way.

Agenda Item #10.6.

Part V: Definitions and Rules of Measurement
Part V, Page 14 | St. Helena Zoning Code | August 2023 Public Hearing Draft On a through lot, the lot line abutting the right-of-way providing the primary access to the lot.

On a flag lot, an interior lot line most parallel to and nearest the right-of-way from which access is obtained. In unusual cases, however, where the location and relationship of the lot to abutting public or private right-of-way (e.g., double frontage or narrow dimension located on local street while wide dimension located on arterial or collector) make it difficult to establish the front of the lot, the Community Development Department shall make a determination, subject to appeal and review by the Planning Commission.

Interior Lot Line. Any lot line that is not adjacent to a right-of-way.

Rear Lot Line. The lot line that is opposite and most distant from the front lot line. Where no lot line is within 45 degrees of being parallel to the front lot line, a line 10 feet in length within the lot, parallel to and at the maximum possible distance from the front lot line, will be deemed a rear lot line for establishing a minimum rear yard.

Side Lot Line. Any lot line that is not a front or rear lot line.

Street Side Lot Line. A side lot line of a corner lot that is adjacent to a right-of-way.

Figure 17.32.C: Lot Lines
Lot, substandard. Any lot in any district with less than the minimum dimensions or area for the district in which it is located, unless the reduction is specifically authorized under the provisions of this Title.

Lot width. The horizontal distance between the side lot lines, measured at right angles to the lot depth at the front setback line. See also Section 17.34.040, Measuring Lots. When not applicable due to irregularity of lot shape, lot width shall be determined by the Community Development Director, subject to appeal and review by the Planning Commission.

Low-income household. A household whose income does not exceed the qualifying limits for lower income families as established and amended from time to time for Napa County pursuant to Section Agenda Item #10.6.

Part V: Definitions and Rules of Measurement
August 2023 Public Hearing Draft | St. Helena Zoning Code | Part V, Page 15 8 of the United States Housing Act of 1937. The income limit for low-income households, adjusted for family size, is published periodically in the California Code of Regulations, Title 25, § 6932.

Low-income unit. A dwelling unit that is required to be sold or rented to a low-income household at an affordable sales price or an affordable rent, as applicable.

Lower income households. Defined by § 50079.5 of the California Health and Safety Code.

Lumen. The unit used to measure the actual amount of light which is produced by a lamp.

Manufacturing. The establishments engaged in the mechanical or chemical transformation of materials or substances into new products including the assembling or component parts, the manufacturing of products, and the blending of materials such as lubricating oils, plastics, resins, or liquors.

Manufactured housing. A residential building, dwelling unit or habitable room thereof which is either wholly manufactured or is in substantial part manufactured at an off-site location to be wholly or partially assembled on site, in accordance with regulations adopted by the Commission of Housing and Community Development of the state of California pursuant to California Health and Safety Code § 19990 et. seq.

Market-rate unit. A dwelling unit in a residential development that is not an inclusionary unit.

Marquee. A structural flat roof structure attached to and supported by a building and projecting over public property.

Median income. The median income, adjusted for family size, applicable to Napa County as published annually pursuant to Title 25 of the California Code of Regulations, § 6932 (or its successor provision) by the United States Department of Housing and Urban Development.

Minor Use Permit. An administrative permit which may be granted by the appropriate City authority to provide for the accommodation of land uses with special site or design requirements, operating characteristics, or potential adverse effects on surroundings, which are not permitted as of right, but which may be approved upon completion of an administrative review process and, where necessary, the imposition of special conditions of approval. See Section 17.05.090, Minor Use Permit.

Mixed-use development. The development of a tract of land or building or structure with two or more different uses with a residential use such as, but not limited to office, manufacturing, retail, public or entertainment, in a compact, integrated urban form. Uses can be arranged vertically in one building, or horizontally in one building or separate buildings.

Mobile home. See Chapter 17.33, Definitions of Uses.

Mobile home lot. As defined by § 18210 of the California Health and Safety Code, means any area or tract of land or portion of a mobile home park designated or used for the occupancy of one manufactured home, mobile home, or recreational vehicle.

Mobile home park. As defined in § 18214 of the California Health and Safety Code, means an area of land where two or more lots are rented or leased, held out for rent or lease, or were formerly held out for rent or lease and later converted to a subdivision, cooperative, condominium, or other form of resident ownership, to accommodate manufactured homes or mobile homes.

Mobile home space. A plot of ground within a mobile home park abutting one or more access drives, designed for the accommodation of one mobile home.

Agenda Item #10.6.

Part V: Definitions and Rules of Measurement
Part V, Page 16 | St. Helena Zoning Code | August 2023 Public Hearing Draft Mobile recycling unit. An automobile, truck, trailer or van, licensed by the Department of Motor Vehicles which is used for the collection of recyclable materials. A mobile recycling unit also shall mean the bins, boxes or containers transported by trucks, vans or trailers, and used for the collection of recyclable materials.

Mobile Vending Unit. A readily movable food service establishment such as a push cart, van, trailer, or a temporary/movable structure approved for mobile food vending by Napa County. It provides space for limited storage, handling, and/or dispensing of foods or other goods.

Modal shift. A change from one mode of transport to another mode of transport.

Moderate-income household. See definition for "persons and families of low or moderate-income” as set forth in California Health & Safety Code § 50093. The income limit for moderate-income households, adjusted for family size, is published periodically in the California Code of Regulations, Title 25, § 6932.

Moderate-income unit. A dwelling unit that is required to be sold or rented to a moderate income household, or a low-income unit that is able to qualify to rent or purchase the moderate income unit.

Monthly owner-occupied housing payment. The sum equal to the principal, interest, property taxes, homeowner’s insurance and homeowner’s association dues paid on an annual basis divided by 12.

Motor vehicle. Any automobile, truck, or motorcycle.

Multi-Family Dwelling. See Chapter 17.33, Definitions of Uses.

Muntin. A strip of wood or metal used to separate panes of glass within a window.

Neighborhood. An area of a community with characteristics that distinguish it from other community areas and which may include distinct ethnic or economic characteristics, schools or social clubs, or boundaries defined by physical barriers such as major highways and railroads or natural features such as rivers. Where none of the conditions or characteristics described above apply a neighborhood is assumed to be the area within a radius of approximately one-half mile of a specified site.

Net parcel area. The total horizontal area included within the property lines of a parcel, excluding area within vehicular rights-of-way and vehicular easements.

Nightclub. A commercial establishment which serves alcoholic beverages for on-site consumption and which provides entertainment, whether live or mechanical as its principal use or as an adjunct use to another use; provided, however, that no such commercial establishment shall be considered a nightclub unless dancing by patrons occurs.

Nonconforming lot. A legal parcel of land having less area, frontage, or dimensions than required in the zone in which it is located.

Nonconforming structure. A building or structure which was lawfully erected prior to the adoption of this Title, but which, under this Title, does not conform to the standards of coverage, yards, setbacks, height of buildings or structures, or distances between buildings or structures prescribed in the regulations for the district in which the building or structure is located.

Nonconforming use. A use of a structure or land, which was lawfully established and maintained prior to the adoption of this Title, but which, under this Title, does not conform with the use regulations for the district in which it is located.

Agenda Item #10.6.