City of St. Helena
Special Joint City Council and Planning
Commission Meeting
Tuesday, August 19, 2025 @ 5:30 PM
Vintage Hall Boardroom - 465 Main Street,
St. Helena
PLEASE NOTE: Any person who wishes to speak regarding an item on the agenda or make a comment under the "Oral Communication" portion of the agenda may do so, but please observe the time limit of four minutes.
The joint meeting will be live-streamed on Comcast Channel 28 and on the City’s website.
Public comment for joint meetings will be accepted via email to [email protected]. All public comments must be received three hours prior to the meeting. All other public comments received after the deadline will be attached to the item the next business day or soon thereafter. Public comments will not be read out loud but will be publicly available and attached to the on-line agenda.
Simultaneous Spanish interpretation services during meetings can be scheduled upon request. To ensure interpreters are available, requests must be made at least 72 hours in advance by calling the Office of the City Clerk at (707) 968-2640 or emailing [email protected].
The schedule of upcoming meetings and published meeting agendas can be found on the City of St. Helena website at https://sthelena.civicweb.net/portal/.
Servicios de interpretación en español durante la reunión pueden ser solicitados por el público. Para asegurar que los intérpretes estén disponibles, los servicios tienen que ser solicitados al menos 72 horas antes de la reunión llamando a la oficina de la Secretaria de la Ciudad al (707) 968-2640 o por correo electrónico a [email protected].
El horario de las reuniones publicadas y próximas puede ser localizado en el sitio de web de la Ciudad en https://sthelena.civicweb.net/portal/ .
Page
1. CALL TO ORDER
2. PLEDGE OF ALLEGIANCE
3. ADOPTION OF THE AGENDA
4. ROLL CALL
Mayor: Paul Dohring, Vice Mayor Michelle Deasy, City Council Members:
Aaron Barak, Kate Spadarotto, Billy Summers
Acting Chair: Chris Warner, Commissioners: Autumn Anderson, Michelle Covell, Sue Furdek, Hector Lopez
5. PUBLIC FORUM:
Under California law, public comments at special meetings are limited to subjects on the agenda only. Therefore public comment will take place during
consideration of the item. Each person’s comments shall be limited to 4 minutes.
6. NEW BUSINESS
6.1. Discussion on State Housing Legislation and its Impact on Local Housing Policies
Presentation
5 - 49
7. ADJOURNMENT
The next Regular City Council meeting is scheduled for August 26, 2025 at 6:00 p.m.
This agenda was posted at City Hall, 1088 College Avenue, and at Vintage Hall, 465 Main Street, St. Helena, California on August 14, 2025.
Erika Opp, Administrative Analyst
In Compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please call the City Clerk’s Office (707) 967-2792. Notification 72 hours prior to the meeting as required by Section 202 of the Americans with Disabilities Act will enable the City to make reasonable arrangements to ensure accessibility to this meeting
CHALLENGING DECISIONS OF CITY ENTITIES
The time limit within which to commence any lawsuit or legal challenge to any quasi-adjudicative decision made by the City of St. Helena is governed by Section 1094.6 of the Code of Civil Procedure, unless a shorter limitation period is specified by any other provision, including without limitation Government Code section 65009 applicable to many land use and zoning decisions, Government Code section 66499.37 applicable to the Subdivision Map Act, and Public Resources Code section 21167 applicable to the California Environmental Quality Act (CEQA). Under Section 1094.6, any lawsuit or legal challenge to any quasi-adjudicative decision made by the City must be filed no later than the 90th day following the date on which such decision becomes final. Any lawsuit or legal challenge, which is not filed within that 90-day period, will be barred. Government Code section 65009 and 66499.37, and Public Resources Code section 21167, impose shorter limitations periods and requirements, including timely service in addition to filing.
If a person wishes to challenge the above actions in court, they may be limited to raising only those issues they or someone else raised at the meeting described in this notice, or in written correspondence delivered to the City of St. Helena, at or prior to the meeting. In addition, judicial challenge may be limited or barred where the interested party has not sought and exhausted all available administrative remedies.
SUPPLEMENTAL MATERIAL RECEIVED AFTER THE POSTING OF THE AGENDA
Any supplemental writings or documents distributed to a majority of the City Council regarding any item on this Agenda, after the posting of the Agenda,
will be available for public review in the City Clerk’s Office located at 1088 College Avenue, St. Helena, California, during normal business hours. In addition, such writings or documents will be made available on the City’s web site at https://sthelena.civicweb.net and will be available for public review at the respective meeting.
Special City Council/
Planning Commission Meeting
August 19, 2025
State Housing Laws and Local
Control
Agenda Item #6.1.
AGENDA
• Purpose of Meeting
• Background on St. Helena Housing Growth
• Housing Pipeline
• Housing Policy
• Housing Accountability Act, Density Bonus, ‘By Right’ Approval, Budget Trailer Bills
• Litigation, HCD and the Courts
• What can cities do?
• Q&A/Public Comment
• Closing comments/discussion City Council and Planning Commission
Agenda Item #6.1.
Purpose of Meeting
•Educate Community about how current housing laws affect what a City can change about a Housing Development
• Discuss limitations on denial of a housing project
• Explain Density Bonuses and City process for ‘by right’ approval
• Allow for Question and Answer
• Receive feedback from City Council and Planning
Commission
• Session will not discuss any specific St. Helena housing projects
Agenda Item #6.1.
St. Helena General Plan 2019
Agenda Item #6.1.
Background on St. Helena Housing:
General Plan Land Use Categories
Agenda Item #6.1.
Background on St. Helena Housing
Growth:
Adopted Regional Housing Needs
Assessment (RHNA)
Agenda Item #6.1.
Projects in the Pipeline
Note: Housing Element Site 10 (1933 Spring St), while no application or plans have been received, the property owner has expressed interest in developing multi-family units on this site. The minimum density for the 4.4 acre site would be 71 units.
Location Lower
Income
Moderate
Income
Above
Moderate
Income
Total
Year
Expected
Complete
Hunter Subdivision Terminus of Adams and
Library Lane 13 2 60 75 2028
OTSH Multi-family 951 and 963 Pope St 8 2 10* 2026
OTSH Multi-Family (HE
Site 5)
Main St between Mills
Ln and Dowdell 39 40 2028
Spring Grove
Townhomes (HE Site 9) 1447 and 1515 Spring St 8 33 41 TBD TOTAL 60 12 93 156
*One unit is existing single family so net new housing units is 9 Agenda Item #6.1.
Housing Element Sites Map
(Figure 49)
Agenda Item #6.1.
State Housing Laws
Featured Speaker: Barbara Kautz
Attorney, Goldfarb and Lipman LLP
Agenda Item #6.1.
California’s Housing
Laws
Barbara E. Kautz
Goldfarb & Lipman LLP
City of St. Helena Joint City Council and
Planning Commission Meeting
August 19, 2025
Agenda Item #6.1.
Presentation Overview
• Introduction: State Housing Policy
• The Housing Accountability Act
• Density Bonuses
• “By Right” Approval in St. Helena
• New! 2025 Budget Trailer Bills
• Litigation, HCD, and the Courts
• What Can Cities Do?
11 Agenda Item #6.1.
State Housing Policy
12 Agenda Item #6.1.
Making It Hard to Deny Housing Projects
“The Legislature’s intent in enacting this section in
1982 and in expanding its provisions since then was to
significantly increase the approval & construction of
new housing for all economic segments of California’s
communities by meaningfully and effectively curbing
the capability of local governments to deny,
reduce the density of, or render infeasible housing
development projects. This intent has not been
fulfilled.”
13 Agenda Item #6.1.
The Housing Accountability Act
14 Agenda Item #6.1.
Preliminary Applications
“Preliminary application” freezes development
standards as of date all required info was submitted
• But project must meet these timelines:
• Project application must be filed within 180 days
• Applicant must complete application within 90 days of receiving incomplete letter
• Can be submitted for ANY housing project.
15 Agenda Item #6.1.
Five-Meeting Limit for Housing Projects
City cannot hold more than 5 public meetings on
any housing project after project is “complete”
• Includes appeals and continuances
• Includes any meeting organized by the City
• Applies to single-family homes
16 Agenda Item #6.1.
Key Provisions
Denial only if:
• Project doesn’t comply with “objective
standards” OR
• Results in “specific adverse impact” on public
health & safety
• A “significant, quantifiable, direct, and unavoidable impact, based on objective, identified, written public
health or safety standards” that can’t be mitigated
17 Agenda Item #6.1.
“Affordable” Project
Includes housing projects with:
• 13% low income;
• 10 % very low income;
• 7 % extremely low income; and
• 10 or fewer units at density of at least 10
units/acre on a site smaller than one acre
18 Agenda Item #6.1.
Key Provisions – “Affordable” Project
Denial of “affordable” project only if:
• Doesn’t comply with both zoning and general plan
• “Specific adverse impact”
• Doesn’t comply with state or federal law
• Inadequate water or sewer
• Zoned for ag or resource preservation;
surrounded on two sides by sites used for that
19 Agenda Item #6.1.
What Is an “Objective Standard”?
“Involves no personal or subjective judgment by a public official and verifiable by referring to an external benchmark" 20 OBJECTIVE SUBJECTIVE
DENSITY REQUIREMENTS REFLECT THE LOOK AND FEEL OF THE
COMMUNITY
HEIGHT LIMITS SITE IS NOT PHYSICALLY SUITABLE FOR
THE PROPOSED USE
LOT COVERAGE MUST BE COMPATIBLE WITH ADJACENT
USES
SETBACKS
FAR REQUIREMENTS
Agenda Item #6.1.
What Is NOT an “Objective Standard”?
• “If height varies by more than one story between buildings, a transition or step in height is necessary.”
21 Agenda Item #6.1.
Why Isn’t This Standard “Objective”?
• Could be a “transition” of trees and a trellis
instead of a stepback
•Not clear how far upper floors must step back
•Not clear how far along building the stepback
must run
•Not clear how many floors must step back
22 Agenda Item #6.1.
Implications for Project Review
• Strict standard for “objective”
• Subjective standards adopted before 1-1-20 can
be used to apply conditions but cannot:
• Reduce density or effectively deny project.
• Make affordable project infeasible
• Cannot be used on ‘by right’ project.
• BUT: Developers can obtain waivers of most City
standards
23 Agenda Item #6.1.
California Environmental Quality Act
If project requires
discretionary approval,
CEQA may apply
• Many more exemptions –
no environmental
review
• Mitigation measures can
be imposed if project
not exempt
24 Agenda Item #6.1.
Density Bonuses
25 Agenda Item #6.1.
Density Bonus Law
• Eligible project: 5% to 100% affordable housing
• Eligible projects entitled to receive:
• A density bonus [20 – 100%, or unlimited];
• 1 – 7 “incentives / concessions” [reduce costs]
• Unlimited waivers of development standards
• Reduced parking requirements.
• Density Bonus project = consistent with City standards • So can qualify for many CEQA exemptions
26 Agenda Item #6.1.
Concessions and Waivers for Density Bonus
• Can only be denied if:
• “Specific, adverse impact”
• Violates state or federal law
• Adverse impact on project listed on California Register • Concessions may also be denied if they do not result in “identifiable and actual cost reductions”
27 Agenda Item #6.1.
Density Bonus Law
• Affordable units required by City can qualify project for density bonus (Latino Unidos v. County of Napa)
• Example:
• St. Helena requires 20% lower or moderate income
units
• All of these projects are eligible for a density bonus (plus parking reductions, one or more concessions,
and unlimited waivers)
28 Agenda Item #6.1.
29 https://www.hcd.ca.gov/policy-research/plansAgenda Item #6.1.
‘By Right” Approval in St.
Helena
30 Agenda Item #6.1.
‘By Right’ Approvals
•No CEQA review
•Only objective design review; may impose
conditions
• Applies to:
• Housing element sites designated for lower
income housing if project has 20% lower income
units and no subdivision is needed.
31 Agenda Item #6.1.
‘By Right’ Sites in St. Helena
• Rezoned sites:
• 1480 Main Street
• 1572 Railroad Avenue
• 905 Main Steet
• Main Street b/t Mills & Dowdell Lanes
• 882 -886 College Avenue
• 1637 Spring Street
• Spring Street b/t Hudson Avenue & Valley View Street
• Reused sites:
• 821 Pope Street
• 1447 and 1515 Spring Street
32 Agenda Item #6.1.
‘By Right’ Approval in St. Helena
• Subject only to minor design review (Section
17.05.080)
• Community Development Director reviews as
part of building permit application based on
objective design standards & findings
•Decision may be appealed to Planning
Commission and appealed from PC to City
Council
33 Agenda Item #6.1.
New!
2025 Budget Trailer Bills
34 Agenda Item #6.1.
Broad New Infill Exemption (AB 130)
Housing Projects in City Are Exempt from CEQA If:
• Site not more than 20 acres
• Previously developed with an urban use or 75%
surrounded by urban uses or near urban uses
• Consistent with general plan and zoning
• At least 10 du/acre
• Meets certain environmental standards
• Doesn’t demolish listed historic resource
35 Agenda Item #6.1.
Broad New Infill Exemption (AB 130)
Tribal Notification
• Tribes have 60 days to respond
• Consultation must be completed in 45 – 60 days
City Must Then Approve or Deny Project Within 30
Days after Tribal Notification Complete
• Appeals not included in 30-day limit
• 90-day extension possible
36 Agenda Item #6.1.
Litigation, HCD, and the Courts
37 Agenda Item #6.1.
HCD and Attorney General Enforcement
•HCD Housing Accountability Unit with at least 25
staff
• Broader and broader authority
• Letters of Technical Advice
• Notices of Violation
• Referral to Attorney General
• Attorney General has 12-person strike force that
acts independently
38 Agenda Item #6.1.
HCD Decertification & the Builder’s Remedy
•HCD has authority to “decertify” housing element
• Would subject St. Helena to the “builder’s
remedy”
• Any site could be built with “base density” of 65
du/acre; could be doubled with density bonus
• Project could qualify for new infill exemption
• Must be approved “as proposed by the applicant”
39 Agenda Item #6.1.
Third-Party Litigants & Aggressive Developers
Californians for Homeownership, YIMBY,
California Housing Defense Fund
• Have sued dozens of cities on housing elements
• Often join in, or are plaintiffs, in litigation
related to denials of housing development
Developers’ attorneys
• More & more aggressive, demanding, &
challenging
40 Agenda Item #6.1.
Housing Cases in General
•Courts:
• Generally very pro-housing
• Uphold housing approvals
• Overturn denials
•City risks:
• Significant attorneys fees exposure
• High defense costs
• Bill proposed with fine of $10,000/unit if ignore
letter from HCD or AG
41 Agenda Item #6.1.
What Can Cities Do?
42 Agenda Item #6.1.
Proactive Steps
• Adopt objective health & safety standards
• Examples: sidewalk & bikeway standards, street
design, “safe routes to school,” fire evacuation
standards, adequate sewer & water capacity, etc.
• Designate historic sites and buildings
• Adopt standards requiring studies of
environmental issues apart from CEQA
• Adopt environmental standards & mitigation
measures
• Contact your legislators
43 Agenda Item #6.1.
Project Review
• Review under CEQA, If Not Exempt
• Analysis of environmental issues required
• City may impose feasible mitigation measures
• Enforce Health & Safety Standards
• Enforce State & Federal Law
• Protect Some Historic Sites
44 Agenda Item #6.1.
Thank You and Q&A/Public
Comment
45 Agenda Item #6.1.