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Agenda, regular meeting

St. Helena City Council
February 24, 2026

Document
Agenda, regular meeting
Meeting
February 24, 2026
Body
St. Helena City Council
Pages
377
Original file
45.6 MB
Text extracted from the city's file for reading and search. Open the original on sthelenaca.api.civicclerk.com. That file is the official record.

TO BE COMPLETED FOLLOWING CLOSE OF PUBLIC PARTICIPATION PERIOD Appendix 6: Public Participation Checklist
Pursuant to Sections 6601, 6602, and 6605, applicants are required to demonstrate how they have engaged in a “Diligent Public Participation Process.” Please complete this checklist, and sign, to confirm that the applicant has complied with this requirement. Attach and reference any comments you received during the process.

Regulation Text Explanation Yes No
Outreach through a
variety of methods and
languages to ensure
access to the public
process and provide
opportunities for public
input.

Applicant should use methods such as newspaper
ads, email, social media, fliers, etc., to inform the
public that an application has been drafted and
posted for public comment. Language access
should reflect languages spoken in your local
community and should be available in multiple
languages in print media or upon request for digital
media.
☐ ☐
Specific effort to engage
all segments of the
community, including
individuals or
representatives of lowerincome and special
needs households, forprofit and non-profit
developers, and special
needs service providers.

Individuals and organizations representing lowerincome and special needs households, for-profit and non-profit developers, and special needs
service providers should be engaged, informed of,
and offered an opportunity to comment on the
application. Outreach lists utilized for Housing
Element compliance would suffice.
☐ ☐
Availability of the draft
document to the public,
including notification to
interested parties and all
segments of the
community, for thirty (30)
calendar days and
subsequent versions for
seven (7) calendar days.

Applicants should post the application in print and
digital forms, collect comments, and incorporate
those comments into the application if necessary.

Making the application available to the public could
be satisfied by posting the application online and/or
announcements through other mediums (e.g., local
newspapers) so long as these forums include
diverse segments of the community, including
individuals or representatives of lower-income and
special needs households, for-profit and non-profit
developers, and special needs service providers.
☐ ☐
Agenda Item #10.7.

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TO BE COMPLETED FOLLOWING CLOSE OF PUBLIC PARTICIPATION PERIOD Public hearings and
informative meetings.

For the purposes of satisfying this requirement, a
City Council or Board of Supervisors meeting
informing the public of the jurisdiction's intent to
submit a Prohousing Designation Program
application, in addition to any subsequent meetings
necessary to make revisions in response to public
comment, will satisfy this requirement.
☐ ☐
Consideration of
comments, including
incorporation of
comments into a
jurisdiction's application
and Prohousing Policies
as appropriate.

Provide all comments received with a description
of how the comment was incorporated into the
application. If the comment is not appropriate for
incorporation, please describe why.
☐ ☐
Certification and Authorization:

Signature of Authorized Representative Date
Agenda Item #10.7.

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Prohousing Incentive Program
Guidelines
State of California
Governor Gavin Newsom
Tomiquia Moss, Secretary
Business, Consumer Services and Housing Agency
Gustavo Velasquez, Director
California Department of Housing and Community
Development
Megan Kirkeby, Deputy Director
Division of Housing Policy Development
651 Bannon Street, Suite 400
Sacramento, CA 95811
Website: https://www.hcd.ca.gov/grants-and-funding/programs-active/prohousing-incentive-program Email: [email protected]
September 2025
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Contents
Section 100: Introduction........................................................................................................... 1 Section 101: Scope and Authority................................................................................................... 1 Section 200: Eligibility................................................................................................................ 2 Section 201: Eligible Applicants ...................................................................................................... 2 Section 202: Threshold Requirements........................................................................................... 2 Section 300: Application Requirements ................................................................................... 3 Section 301: Application Content.................................................................................................... 3 Section 302: Application Submittal................................................................................................. 4 Section 400: Application Review............................................................................................... 4 Section 401: Application Process.................................................................................................... 4 Section 402: Base Award and Bonus Award Calculation ......................................................... 5 Section 403: Scoring – Tie Breaker................................................................................................. 5 Section 404: Geographic Categories.............................................................................................. 5 Section 500: Eligible Award Calculation................................................................................... 6 Section 600: Uses of Funds ....................................................................................................... 7 Section 601: Eligible Uses................................................................................................................. 7 Section 700: Administration ...................................................................................................... 8 Section 701: Fiscal Administration ................................................................................................. 8 Section 702: Accounting Records, Audits, Remedies of Non-performance, and Reporting.............................................................................................................................................. 10 Section 800: Right to Modify or Suspend and Final Decision-making ................................14 Attachment A: Enabling Legislation ......................................................................................... 1 Attachment B: Required Resolution Template ........................................................................ 1 Attachment C: Definitions.......................................................................................................... 0 Agenda Item #10.7.

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1 Prohousing Incentive Program
Section 100: Introduction
The California Department of Housing and Community Development (Department/HCD) is pleased to release program guidelines (Guidelines) for funding through the Prohousing Incentive Program (Program). The Prohousing Incentive Program is designed to encourage cities and counties to obtain Prohousing Designation.

The Program is funded through Chapter 364, Statutes of 2017 (SB 2, Atkins), which established the Building Homes and Jobs Trust Fund (Fund). The Fund utilizes real estate transaction fees collected at a county level to establish a permanent source of funding. Five percent of annual collections are deposited in a fund to be used for an incentive program.

The Program awards funds based on the Eligible Applicant’s Prohousing Designation Program Score (as codified in the California Code of Regulations Title 25 Housing and Community Development, Division 1, Chapter 6, Subchapter 6.6, Sections 6600 through 6608, Consecutive Prohousing Designation Program). This round of Program funding provides awards for Eligible Applicants to use towards planning and implementation activities related to housing and community development. The content and structure of future rounds of Program funding is subject to change at the Department’s sole discretion.

Section 101: Scope and Authority
These Guidelines are authorized pursuant to Chapter 2.5 of Health and Safety Code (Sections 50470 to 50475). The Guidelines implement, interpret, and make specific provisions for purposes of implementing an incentive program pursuant to Health and Safety Code section 50470, subdivision (b)(2)(C)(i), (hereinafter “Prohousing Incentive Program” or “PIP”).

The Guidelines provide the Department’s plan for the expenditure of PIP funds and the administration of the Program. As such, these Guidelines establish terms, conditions, forms, procedures, and other mechanisms as the Department deems necessary to exercise the powers and perform the duties conferred by Chapter 2.5.

The matters set forth herein are regulatory mandates, and are adopted in accordance with the authorities set forth below:

Section 50470 (d) of the Health and Safety Code states “In consultation with stakeholders, the department may adopt guidelines to implement this section, including to determine allocation methodologies. Any guideline, rule, policy, or standard of Agenda Item #10.7.

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2 general application employed by the department in implementing this chapter shall not be subject to the requirements of the Administrative Procedures Act.” These guidelines are mandated and have the dignity of statutes. (Ramirez v. Yosemite Water Co., 20 Cal. 4th 785, 800 (1999) [stating "“Quasi-legislative regulations … have the dignity of statutes … [and]… delegation of legislative authority includes the power to elaborate the meaning of key statutory terms…”].

Ramirez v. Yosemite Water Co., 20 Cal. 4th 785, 800 (1999) The Department reserves the right, at its sole discretion, to suspend or amend the provisions of these Guidelines, including, but not limited to, grant award amounts.

Section 200: Eligibility
Section 201: Eligible Applicants
(A) Eligible Applicants are limited to cities, counties, and cities and counties. (B) Only Eligible Applicants may submit an application. (C)Eligible Applicants may partner through legally binding agreements with other forms of governments or entities. This includes, but is not limited to, partnerships with other localities, regional governments, housing authorities, school districts, special districts, community-based organizations, Tribal Entities, or any duly constituted governing body of an Indian Reservation or Rancheria. (D)Eligible Applicants in partnerships may determine the amount of incentive payments between Eligible Applicants participating in the partnership in consultation with the Department.
(E) Eligible Applicants forming partnerships must submit separate, completed, and signed application packages, including resolutions and a copy of the signed agreement between partners to the Department to be awarded funds.

Section 202: Threshold Requirements
Eligible Applicants must meet all of the following threshold requirements for participation in the Program:
(A) An adopted housing element in substantial compliance, as determined by the Department, pursuant to Housing Element Law (Article 10.6 of Gov. Code) in accordance with Government Code section 65585, subdivision (h).

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3 1. Applicants that do not meet housing element requirements may be considered to meet this threshold requirement at the discretion of the Department on a case-by-case basis. Criteria for consideration include but are not limited to significant progress in meeting housing element requirements (e.g., a draft found to meet statute, rezoning near completion), proposing activities to meet housing element requirements (e.g., rezoning to accommodate housing needs pursuant to Gov. Code § 65583(c)(1)), and adoption of a compliant element prior to the award of funds.
(B) Housing Element Annual Progress Report submittal pursuant to Government Code section 65400 for the current or prior year, as applicable. (C)Prohousing Designation: A Prohousing Designation (per the regulations codified in the California Code of Regulations Title 25, Division 1, Chapter 6, Subchapter

6.6, Sections 6600 through 6608), as determined by the Department, must be achieved by the PIP application due date.
(D)A complete application as determined by the Department. (E) A resolution authorizing submittal of the application to the Program that materially comports with the Program’s requirements and is legally sufficient as determined at the Department’s reasonable discretion, including an authorized representative. See Attachment B for required resolution format. (F) Compliance with state and federal housing laws as determined at the sole discretion of HCD.
(G)Demonstration of meeting threshold criteria shall be determined by the Department at its sole and absolute discretion. No documentation of meeting threshold requirements is required in the application unless requested by the Department. At the sole discretion of HCD, failure to maintain a Prohousing Designation, housing element compliance, compliance with state and federal housing laws, or other threshold requirements may result in revocation of award, or delay in disbursement until the issue is resolved to the satisfaction of HCD.

Section 300: Application Requirements
Section 301: Application Content
(A) Eligible Applicants may request an allocation of funds by submitting a complete application to the Department.
(B) Eligible Applicants must utilize the forms and manner prescribed in the Department’s application.

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4 (C)The application can be found on the Department’s website at https://www.hcd.ca.gov/grants-and-funding/programs-active/prohousingincentive-program. (D)Eligible Applicants must submit a Government Agency Taxpayer Identification Form for an application to be considered complete.
(E) The Department may request additional information and documentation as appropriate.
(F) The Department may consult with and gather relevant information from any individual, entity, or public agency.

Section 302: Application Submittal
(A) An applicant must submit a complete, signed original application in electronic form.
(B) The Department encourages early applications and will accept applications up to the date and time noted on the cover letter of the Notice of Funding Availability (NOFA).
(C)All applications must be submitted by email to: [email protected].

Section 400: Application Review
Section 401: Application Process
(A) Applications will be reviewed for completeness, eligibility, and for meeting threshold requirements.
(B) Eligible Applicants will have until the date specified in the NOFA to obtain Prohousing Designation. After the specified date, HCD will rank Eligible Applicants that met threshold requirements according to their Prohousing Designation Score, as determined by the Department.
(C)Ranked applications will be sorted by geographic category, as described in Section 404 of these Guidelines.
(D)Priority will be given to Eligible Applicants that have not received PIP funds in prior funding rounds. Eligible Applicants awarded in prior funding rounds will only be eligible to receive an award once all previously unfunded Eligible Applicants receive an award.

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5 Section 402: Base Award and Bonus Award Calculation
(A) Eligible Applicants will receive a base award according to population size (see Section 500). In addition, Eligible Applicants may receive a bonus award up to $500,000.
(B) For the purpose of calculating the bonus award, an Eligible Applicant’s Prohousing Designation Score will be multiplied by 10,000. For example, an Eligible Applicant with a Prohousing Designation Score of 35 points will be eligible to receive up to a $350,000 bonus award in addition to the base award.

The bonus award amount shall not exceed $500,000.

Section 403: Scoring – Tie Breaker
(A) Eligible Applicants that submit complete applications that meet threshold requirements will be awarded in order of rank and priority, as described in Section 401(D), until funding is depleted.
(B) In the event of a tie (i.e., two or more Eligible Applicants have the same Prohousing Designation Score), the Eligible Applicant with the smaller population size will receive funding first.

Section 404: Geographic Categories
(A) Ranked applications will be considered for awards according to six geographic categories, as follows:

1. Southern California: Counties of Imperial, Los Angeles, Orange, Riverside, San Bernardino, Ventura, and San Diego

2. Bay Area: Counties of Alameda, Contra Costa, Marin, Napa, San Mateo, Santa Clara, Solano, Sonoma, and the City and County of San Francisco

3. San Joaquin Valley: Counties of Fresno, Kern, Kings, Madera, Merced, San Joaquin, Stanislaus, and Tulare

4. Sacramento Area: Counties of Amador, El Dorado, Placer, Sacramento, Sutter, Yolo, and Yuba

5. Central Coast: Counties of Monterey, San Benito, San Luis Obispo, Santa Barbara, and Santa Cruz
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6 6. North State and Sierra Nevada: Counties of Alpine, Butte, Calaveras, Colusa, Del Norte, Glenn, Humboldt, Inyo, Lake, Lassen, Mariposa, Mendocino, Modoc, Mono, Nevada, Plumas, Shasta, Sierra, Siskiyou, Tehama, Trinity, and Tuolumne
(B) Funds are made available to each geographic category based upon the percentage of 2030 population projections, as determined by the Department of Finance (see NOFA).
(C)The total proportion of available funds in geographic categories will not exceed 75 percent of the total amount of NOFA.
(D) Awards will be funded from each geographic category’s total available funding amount until the funds for that category are depleted. If Eligible Applicants’ awards exceed the funding available to a geographic category, Eligible Applicants may qualify to fulfill their eligible award from the 25 percent residual set-aside in ranking order.

1. In the event that funds from a geographic category are depleted such that only a partial award is available, the residual set-aside may be utilized to enhance the award at the discretion of the Department.
(E) If both an Eligible Applicant’s geographic category and the residual set-aside have been depleted, that Eligible Applicant may be eligible for remaining funds at the sole discretion of the Department. Remaining funds will come from unutilized money from geographic categories only after Eligible Applicants located in those geographic categories have been awarded.
(F) When all funds have been depleted, the final Eligible Applicant in the ranking will only be eligible for the award amount that remains in the coffer. Eligible Applicants in this position may opt to pull their PIP application until additional funds are made available to fulfill their eligible award amount in potential future funding rounds.
(G)The Department reserves discretion to alter funding amounts and the distribution methodology to advance Program goals and achieve an equitable outcome.

Section 500: Eligible Award Calculation
(A) This Program will make funding available to jurisdictions as Prohousing Incentive grants as determined by NOFA.
(B) Maximum total award amounts will be no greater than $2 million per Eligible Applicant. Total potential award amounts are determined by adding an Eligible Applicant’s base award amount with an Eligible Applicant’s bonus award amount, as established by the criteria described in Section 402 of these Guidelines.

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7 (C)Base award amounts are based on population estimates as of January 1 of the NOFA year1. See the NOFA for the maximum base award amount that a jurisdiction may receive pursuant to this subdivision2. (D)Eligible Applicants in partnerships with other cities or counties, as allowed by section 201(C) of these Guidelines, may qualify for up to the sum of individual Eligible Applicant base and bonus award amounts.

Section 600: Uses of Funds
Section 601: Eligible Uses
Eligible Applicants must use award funds towards planning or implementation activities related to housing and community development and limited to activities that conform with eligible uses pursuant to Health and Safety Code section 50470(b)(2)(D):

1. The predevelopment, development, acquisition, rehabilitation, and preservation of multifamily, residential live-work, rental housing that is affordable to extremely low-, very low-, low-, and moderate-income households, including necessary operating subsidies.

2. Affordable rental and ownership housing that meets the needs of a growing workforce earning up to 120 percent of area median income, or 150 percent of area median income in high-cost areas.

3. Matching portions of funds placed into local or regional housing trust funds.

4. Matching portions of funds available through the Low- and Moderate-Income Housing Asset Fund pursuant to Health and Safety Code section 34176(d).

5. Capitalized reserves for services connected to the creation of new permanent supportive housing, including, but not limited to, developments funded through the Veterans Housing and Homelessness Prevention Bond Act of 2014.
1 Population estimates are based on the Department of Finance E-1 report:
https://dof.ca.gov/Forecasting/Demographics/estimates-e1/. 2 Maximum and minimum award amounts may be adjusted by the Department based on demand for the Program.

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8 6. Assisting persons who are experiencing or at risk of homelessness, including providing rapid rehousing, rental assistance, navigation centers, emergency shelters, and the new construction, rehabilitation, and preservation of permanent and transitional housing.

7. Accessibility modifications.

8. Efforts to acquire and rehabilitate foreclosed or vacant homes.

9. Homeownership opportunities, including, but not limited to, down payment assistance.

10. Fiscal incentives or matching funds to local agencies that approve new housing for extremely low, very low, low-, and moderate-income households.

Section 700: Administration
Section 701: Fiscal Administration
(A) Grant Execution and Term

1. The Department will notify the grantee if they have been selected for a grant award:
i. After the Standard Agreement has been drawn, the grantee will be provided instructions for signing all required
documents. The grantee must submit all supporting materials and a signed Standard Agreement within the timeline provided in the instructions, or risk forfeiting the grant award; ii. The grant term begins on the day the Department and the grantee have fully executed the Standard Agreement. The Department will notify the grantee and partners when work may proceed under the agreement. However, eligible activities that are approved by the Department may be retroactively reimbursed to the date of the NOFA; and
iii. The end of the grant term will be determined by the state based on the availability of grant funds and the administrative requirements for liquidation.
(B) Payment and Accounting of Grant Funds

1. Grant funds cannot be reimbursed until the Standard Agreement has been fully executed.

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9 2. The grantee will be responsible for compiling and submitting all invoices and reporting documents. Invoices must be accompanied by reporting materials where appropriate. Invoices without the appropriate reporting materials will not be paid. Failure to provide requested documentation to HCD could result in exclusion from consideration for grants in future Program years.

3. The grantee will submit documentation to the Department detailing actual costs incurred, which must be based on clear and completed objectives and deliverables as outlined in the PIP application, Exhibit E of the Standard Agreement, and any other supplemental forms prescribed by the Department.

4. Supporting documentation may include, but is not limited to, receipts, progress payments, subcontractor invoices, timecards or any other documentation as deemed necessary by the Department to support the reimbursement to the grantee for expenses in accordance with the grantee’s PIP application and these PIP Guidelines.

5. The grantee must bill the state based on clear deliverables outlined in the Standard Agreement or budget timeline. Only approved and eligible costs incurred for work after the NOFA date, and completed and processed prior to the expenditure deadline, will be reimbursable. Approved and eligible costs incurred prior to the NOFA date are ineligible.

6. Work must be completed prior to requesting reimbursement, unless otherwise approved by the Department.

7. Grant fund payment will be made on a reimbursement basis. Project invoices will be submitted to the Department by the grantee on a quarterly basis or, if earlier, upon completion of deliverables.

8. In unique and/or unusual circumstances, the Department may consider alternative arrangements (e.g., disbursements in advance of activity initiation) to reimbursement and payment methods.

Unusual circumstances include but are not limited to feasibility, unavailable funds or lack of resources and substantial progress in expenditure.

9. The Department recognizes that budgeted deliverable amounts are based upon estimates. Grantees may request, in writing, a budget adjustment across deliverables subject to written approval by the Department, as long as the total budget does not exceed the maximum amount awarded to the grantee.

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10 10.The Department may withhold grant funds until grant terms have been fulfilled.

11. The Department may withhold eligible Program grants in future Program years until terms of the Standard Agreement have been fulfilled to the satisfaction of the Department.

12.Each recipient of funds under the Program shall expend those funds no later than the deadline specified in the Standard Agreement. Final invoices shall be submitted to the Department three months prior to the expenditure deadline.

Section 702: Accounting Records, Audits, Remedies of Non-performance, and Reporting
(A) Accounting Records

1. The contractor is responsible for maintaining records which fully disclose the activities funded by the grant. Adequate documentation of each transaction shall be maintained to permit the determination, through an audit if requested by the state, of the accuracy of the records and the allowability of expenditures charged to grant funds. If the allowability of an expenditure cannot be determined because records or documentation are inadequate, the expenditure may be disallowed, and the state shall determine the reimbursement method for the amount disallowed. The state’s determination of the allowability of any expense shall be final.

2. The grantee, its staff, contractors, and subcontractors shall establish and maintain an accounting system and reports that properly accumulate incurred project costs by line. The accounting system shall conform to Generally Accepted Accounting Principles (GAAP), enable the determination of incurred costs at interim points of completion, and provide support for payment vouchers and invoices.

3. The grantee must establish a separate ledger account for receipts and expenditures of grant funds and maintain expenditure details in accordance with the scope of work, project timeline and budget. Separate bank accounts are not required.

4. The grantee shall maintain documentation of its normal procurement policy and competitive bid process (including the use of sole source purchasing), and financial records of expenditures incurred during the project in accordance with GAAP.

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11 5. The grantee agrees that the Department or its designee shall have the right to review, obtain, and copy any records and supporting documentation pertaining to the performance of the Standard Agreement.

The grantee agrees to provide the Department or its designee with any relevant information requested.

6. The grantee agrees to permit the Department or the Department’s designee access to its premises, upon reasonable notice, during normal business hours for the purpose of interviewing employees who might reasonably have information related to such records and inspecting and copying such books, records, accounts, and other material that may be relevant to a matter under investigation for the purpose of determining compliance with statutes, Program Guidelines, and the Standard Agreement.

7. Subcontractors employed by the grantee and paid with moneys under the terms of the Standard Agreement shall be responsible for maintaining accounting records as specified above. The grantee shall monitor and enforce subcontracts accordingly.
(B) Audits

1. At any time during the term of the Standard Agreement, the Department may perform or cause to be performed a financial audit of all phases of the award. At the Department’s request, the grantee shall provide, at its own expense, a financial audit prepared by a certified public accountant. The State of California has the right to review project documents and conduct audits during and over the project life.

2. The grantee agrees that the Department or the Department’s designee shall have the right to review, obtain, and copy all records and supporting documentation pertaining to performance of the Standard Agreement.

3. If a financial audit is required by the Department, the audit shall be performed by an independent certified public accountant. Selection of an independent audit firm shall be consistent with procurement standards contained in Exhibit D, Section 8 of the Standard Agreement.

4. The grantee shall notify the Department of the auditor’s name and address immediately after the selection has been made. The contract for the audit shall allow access by the Department to the independent auditor’s working papers.

5. The grantee is responsible for the completion of audits and all costs of preparing audits.

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12 6. If there are audit findings, the grantee must submit a detailed response acceptable to the Department for each audit finding within 90 days from the date of the audit finding report.

7. The grantee agrees to maintain such records for possible audit after the final payment pursuant to Exhibit D, Sections 8 and 9 of the Standard Agreement, unless a longer period of records retention is stipulated.

8. The grantee shall include in any contract that it enters in an amount exceeding $10,000, the Department’s right to audit the contractor’s records and interview their employees.

9. The grantee shall comply with the caveats and be aware of the penalties for violation of fraud and for obstruction of investigation as set forth in California Public Contracts Code Section 10115.10.

10.The grantee shall retain all books and records relevant to the Standard Agreement for a minimum of five years after the end of the term of the Standard Agreement. Records relating to any and all audits or litigation relevant to the Standard Agreement shall be retained for five years after the conclusion or resolution of the matter.
i. If any litigation, claim, negotiation, audit, monitoring, inspection, or other action has been started before the expiration of the required record retention period, all records must be retained until completion of the action and resolution of all issues which arise from it.
(C)Remedies of Non-Performance

1. In the event that it is determined, at the sole discretion of the Department, that the grantee is not meeting the terms and conditions of the Standard Agreement, the grantee shall cease all work under the Standard Agreement immediately upon receiving a written notice from the Department. The Department has the sole discretion to determine that the grantee meets the terms and conditions after a stop work order, and to deliver a written notice to the grantee to resume work under the Standard Agreement.

2. Both the grantee and the Department have the right to terminate the Standard Agreement at any time upon 30 days written notice. The notice shall specify the reason for early termination and may permit the grantee or the Department to rectify any deficiency(ies) prior to the early termination date. The grantee will submit any requested documents to the Department within 30 days of the early termination notice.

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13 3. At any time, if the Department finds the applicant falsely proposed information in the application or as part of the application review, including documentation related to incentive payments (e.g., affordability, enhancements), the Department may require the repayment of funds or decline reimbursement.

4. The Department may, as it deems appropriate or necessary, require the repayment of funds from a grantee, or pursue any other remedies available to it by law for failure to comply with Program requirements (Health and Safety Code section 50515.04(e).
(D)Reporting

1. At any time during the term of the Standard Agreement, the Department may request a performance report that demonstrates satisfaction of all requirements identified in the Standard Agreement with emphasis on eligible activities, eligible uses, ineligible uses, and expenditures, according to timelines and budgets referenced in the Standard Agreement.

2. Grantees shall submit a report, in the form and manner prescribed by the Department, by April 1 of the year following the receipt of funds, and annually thereafter until funds are expended. The annual report shall contain a detailed report which must include, at a minimum:
i. Identification of the eligible activities to which the Grantee committed Program funds, and the income levels of households assisted;
ii. Amounts awarded to Subrecipients with the activity(ies) identified; iii. Identification of the eligible activities upon which the contractor expended Program funds, and the income levels of households assisted and the affordability level for any units assisted; and iv. Close out report for contracts that were fully expended and in which all activities funded were completed during the fiscal year.

3. The Department may request additional information, as needed.

4. Upon completion of all deliverables within the Standard Agreement and prior to processing final invoicing, the awardee shall submit a closeout report.

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14 Section 800: Right to Modify or Suspend and Final Decisionmaking The Department reserves the right, at its sole discretion, to suspend, amend, or modify the provisions of these Guidelines at any time, including, without limitation, the amount of funds available hereunder. If such an action occurs, the Department will notify all interested parties and will post the revisions to the Department’s website. You may subscribe to the Department’s email list here:
http://www.hcd.ca.gov/HCD_SSI/subscribe-form.html.

The Department’s decision to approve or deny an application or request for funding pursuant to the Program, and its determination of the amount of funding to be provided, shall be final.

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1 Attachment A: Enabling Legislation
Building Homes and Jobs Act
Chapter 2.5 of the Health and Safety Code (Sections 50470 – 50475) (Chapter 364, Statutes of 2017)
Health and Safety Code 50470.
(a) (1) There is hereby created in the State Treasury the Building Homes and Jobs Trust Fund. All interest or other increments resulting from the investment of moneys in the fund shall be deposited in the fund, notwithstanding Section 16305.7 of the Government Code.
(2) Moneys in the Building Homes and Jobs Trust Fund shall not be subject to transfer to any other fund pursuant to any provision of Part 2 (commencing with Section 16300) of Division 4 of Title 2 of the Government Code, except to the Surplus Money Investment Fund.
(b) Moneys in the Building Homes and Jobs Trust Fund shall be appropriated either through the annual Budget Act, or as provided in this subdivision, in accordance with the following:
(1) Moneys collected on and after January 1, 2018, and until December 31, 2018, shall, upon appropriation by the Legislature, be allocated as follows:
(A) Fifty percent of deposits into the fund shall be made available for local governments to update planning documents and zoning ordinances in order to streamline housing production, including, but not limited to, general plans, community plans, specific plans, sustainable communities strategies, and local coastal programs. Eligible uses also include new environmental analyses that eliminate the need for project-specific review and local process updates that improve and expedite local permitting. (i) Five percent of the funds specified by this subparagraph shall be available for technical assistance to jurisdictions updating specified planning documents. Technical assistance shall be provided by the department and the Governor’s Office of Planning and Research. (ii) The funds to be allocated pursuant to this subparagraph shall be held by the department until a local government submits a request for use. The request shall include a description of the proposed use of the funds in the interest of accelerating housing production. The proposed use of these funds shall be included in the local government’s funding plan and annual reports pursuant to subclauses (II) and (III) of clause (ii) of subparagraph (B) of paragraph (2). Each recipient of funds under the program shall encumber the funds by December 31, 2020, and shall expend those funds no later than December 31, 2023. Any of these funds not allocated by the department within the first two years that those funds are available shall be made available by the department for the Multifamily Housing Program (Chapter 6.7 (commencing with Section 50675)).
(B) Fifty percent of deposits into the fund shall be made available to the department to assist persons experiencing or at risk of homelessness, Agenda Item #10.7.

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2 including, but not limited to, providing rapid rehousing, rental assistance, navigation centers, and the new construction, rehabilitation, and preservation of permanent and transitional rental housing. (C) The department shall ensure geographic equity in the distribution and expenditure of funds allocated pursuant to this paragraph. (2) Moneys collected on and after January 1, 2019, shall be allocated as follows:
(A) Twenty percent of all moneys in the fund shall, upon appropriation by the Legislature, be expended for affordable owner-occupied workforce housing.
(B) (i) Seventy percent of moneys deposited in the fund shall, upon appropriation by the Legislature, be made available to local governments as follows:
(I) Ninety percent of the moneys specified in this
subparagraph shall be allocated based on the formula
specified in Section 5306 of Title 42 of the United States Code, in accordance with the distribution of funds pursuant to that formula for the federal Fiscal Year 2017, except that the portion allocated to nonentitlement areas pursuant to that section shall be distributed through a competitive grant program, administered by the department, as follows:
(ia) The department shall award priority points to a
county that has a population of 200,000 or less within
the unincorporated areas of the county, to a local
government that did not receive an award based on
the formula specified in Section 5306 of Title 42 of the United States Code in 2016, and to a local
government that pledges to use the money awarded
pursuant to a competitive grant under this subclause
to assist persons experiencing or at risk of
homelessness, including, but not limited to, providing
rapid rehousing, rental assistance, navigation centers, and the new construction, rehabilitation, and
preservation of permanent and transitional rental
housing.
(ib) Moneys awarded to a local government pursuant
to the competitive grant program shall be used for the
purposes specified in subparagraph (D).
(II) The remaining 10 percent of the moneys specified in this subparagraph shall be allocated equitably among local
jurisdictions that are nonentitlement areas pursuant to the formula specified in Section 5306 of Title 42 of the United States Code for federal Fiscal Year 2017.
(ii) To receive moneys pursuant to this subparagraph, local governments shall document minimum standards including the following:
(I) Submit a plan to the department detailing the manner in which allocated funds will be used by the local government Agenda Item #10.7.

Page 258 of 377 ends

3 in a manner consistent with this paragraph and to meet the local government’s unmet share of the regional housing
needs allocation.
(II) Have a compliant housing element with the state and submit a current annual report pursuant to Section 65400 of the Government Code.
(III) Submit an annual report to the department that provides ongoing tracking of the uses and expenditures of any
allocated funds.
(IV) Funds may be expended for the uses listed in
subparagraph (D). Two or more local governments that
receive an allocation pursuant to this subparagraph may expend those moneys on a joint project that is an authorized use under subparagraph (D).
(V) Prioritize investments that increase the supply of housing to households that are at or below 60 percent of area
median income, adjusted for household size.
(VI) If a local government does not have a documented plan to expend the moneys allocated to it pursuant to this
subparagraph within five years of that allocation, those moneys shall be exempt from the allocation requirements in this paragraph and shall revert to, and be paid and deposited in, the Housing Rehabilitation Loan Fund established
pursuant to Section 50661 to be used for the Multifamily Housing Program (Chapter 6.7 (commencing with Section
50675)) or for technical assistance for local governments. (VII) A local government may petition the department to return any moneys allocated to it pursuant to this
subparagraph. Any moneys returned pursuant to this clause shall be used for the Multifamily Housing Program (Chapter

6.7 (commencing with Section 50675)).
(C) Thirty percent of moneys deposited in the fund shall be made available to the department for use as follows:
(i) Five percent of the moneys deposited in the fund shall, upon appropriation by the Legislature, be used for state incentive programs, including loans and grants administered by the department. If the department receives insufficient funding applications for incentive programs financed pursuant to this clause, the department shall make those funds available for the Multifamily Housing Program (Chapter 6.7 (commencing with Section 50675)).
(ii) (I) Subject to subclause (II), 10 percent of the moneys deposited in the fund shall, upon appropriation by the Legislature, be used to address affordable homeownership and rental
housing opportunities for agricultural workers and their families.

Agenda Item #10.7.

Page 259 of 377 ends

4 (II) On and after January 1, 2020, housing funded pursuant to this clause shall not be rented, sold, or subleased to an agricultural employer, as defined in Section 1140.4 of the Labor Code, or its agent, or a farm labor contractor, as defined in Section 1682 of the Labor Code, or its agent, who employs at least one H-2A worker, as defined in Section 50205, until the expiration of the regulatory agreement or affordability covenant, as applicable. A person or entity who receives funds made available pursuant to this clause on or after January 1, 2020, and expends any of those funds for the purpose of funding predevelopment of, developing, or operating any housing that is rented, sold, or subleased to an agricultural employer, as defined in Section 1140.4 of the Labor Code, or its agent, or a farm labor contractor, as defined in Section 1682 of the Labor Code, or its agent, and who employs at least one H-2A worker, as defined in Section 50205, until the expiration of the regulatory agreement or affordability covenant, as applicable, shall reimburse the department or other state agency that provided those funds, as provided in paragraph (2) of subdivision (b) of Section 50205. This subclause shall not apply to any contract
entered into or any financial assistance provided pursuant to this clause prior to January 1, 2020.
(III) A person or entity who receives funds made available pursuant to this section on and after January 1, 2020, and expends any of those funds for the purpose of funding
predevelopment of, developing, or operating any housing shall submit a declaration to the department declaring the following:
(ia) (Ia) The person or entity is not an agricultural
employer, as defined in Section 1140.4 of the
Labor Code, or its agent, or a farm labor
contractor, as defined in Section 1682 of the
Labor Code, or its agent, who employs at least
one H-2A worker, as defined in Section 50205.
(Ib) The person or entity will not rent, sell, or
sublease any housing funded pursuant to this
chapter to an agricultural employer, as defined
in Section 1140.4 of the Labor Code, or its
agent, or a farm labor contractor, as defined in
Section 1682 of the Labor Code, or its agent,
who employs at least one H-2A worker, as
defined in Section 50205, until the expiration of
the regulatory agreement or affordability
covenant, as applicable.
(ib) The declaration described in sub-subclause (ia)
can be met through the inclusion in a regulatory
Agenda Item #10.7.

Page 260 of 377 ends

5 agreement or affordability covenant, as applicable,
with the department that is signed by the person or
entity receiving funds pursuant to this chapter.
(iii) Fifteen percent of the moneys deposited in the fund shall, notwithstanding any other provision of this section or Section 13340 of the Government Code, be continuously appropriated to the California Housing Finance Agency for the purpose of creating mixed income multifamily residential housing for lower to moderateincome households pursuant to Chapter 6.7 (commencing with Section 51325) of Part 3.
(D) The moneys in the fund allocated to local governments may be expended for the following purposes:
(i) The predevelopment, development, acquisition, rehabilitation, and preservation of multifamily, residential live-work, rental housing that is affordable to extremely low, very low, low-, and moderateincome households, including necessary operating subsidies. (ii) Affordable rental and ownership housing that meets the needs of a growing workforce earning up to 120 percent of area median income, or 150 percent of area median income in high-cost areas. (iii) Matching portions of funds placed into local or regional housing trust funds.
(iv) Matching portions of funds available through the Low- and Moderate-Income Housing Asset Fund pursuant to subdivision (d) of Section 34176 of the Health and Safety Code.
(v) Capitalized reserves for services connected to the creation of new permanent supportive housing, including, but not limited to, developments funded through the Veterans Housing and
Homelessness Prevention Bond Act of 2014.
(vi) Assisting persons who are experiencing or at risk of homelessness, including providing rapid rehousing, rental assistance, navigation centers, emergency shelters, and the new construction, rehabilitation, and preservation of permanent and transitional housing.
(vii) Accessibility modifications.
(viii) Efforts to acquire and rehabilitate foreclosed or vacant homes. (ix) Homeownership opportunities, including, but not limited to, downpayment assistance.
(x) Fiscal incentives or matching funds to local agencies that approve new housing for extremely low, very low, low-, and moderate-income households.
(3) A state or local entity that receives an appropriation or allocation pursuant to this chapter shall use no more than 5 percent of that appropriation or allocation for costs related to the administration of the housing program for which the appropriation or allocation was made.
(c) Both of the following shall be paid and deposited in the fund:
(1) Any moneys appropriated and made available by the Legislature for purposes of the fund.

Agenda Item #10.7.

Page 261 of 377 ends

6 (2) Any other moneys that may be made available to the department for the purposes of the fund from any other source or sources.
(d) In consultation with stakeholders, the department may adopt guidelines to implement this section, including to determine allocation methodologies. Any guideline, rule, policy, or standard of general application employed by the department in implementing this chapter shall not be subject to the requirements of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code).

Agenda Item #10.7.

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1 Attachment B: Required Resolution Template
RESOLUTION NO. [insert resolution number]
A RESOLUTION OF THE [INSERT EITHER “CITY COUNCIL” OR “COUNTY BOARD OF
SUPERVISORS”] OF [INSERT THE NAME OF THE CITY OR COUNTY] AUTHORIZING APPLICATION FOR, AND RECEIPT OF, Prohousing Incentive Program funds.

WHEREAS, pursuant to Health and Safety Code 50470 et. Seq, the California Department of Housing and Community Development (Department) is authorized to issue Guidelines as part of an incentive program (hereinafter referred to by the Department as the Prohousing Incentive Program or “PIP”); and
WHEREAS the [insert either “City Council” or “County Board of Supervisors”] of [insert the name of the City or County] desires to submit a PIP grant application package (“Application”), on the forms provided by the Department, for approval of grant funding for eligible activities toward planning and implementation activities related to housing and community development as a result of meeting eligibility criteria including but not limited to Prohousing Designation; and
WHEREAS, the Department has issued Guidelines and Application on XXXXXXXXXXXXX in the amount of $xxxxxxxx for PIP;
Now, therefore, the [insert either “City Council” or “County Board of Supervisors”] of [insert the name of the city or county] (“Applicant”) resolves as follows:

SECTION 1. The [insert the authorized designee’s TITLE ONLY] is hereby authorized and directed to submit an Application to the Department in response to the NOFA, and to apply for the PIP grant funds in a total amount not to exceed $__________; SECTION 2. In connection with the PIP grant, if the Application is approved by the Department, the [insert the authorized designee’s TITLE ONLY] of the [insert the name of the City or County] is authorized and directed to enter into, execute, and deliver on behalf of the Applicant, a State of California Agreement (Standard Agreement) for the amount of [$ enter the dollar amount of the Applicant’s request], and any and all other documents required or deemed necessary or appropriate to evidence and secure the PIP grant, the Applicant’s obligations related thereto, and all amendments thereto; and
SECTION 3. The Applicant shall be subject to the terms and conditions as specified in the Guidelines, and the Standard Agreement provided by the Department after approval.

The Application and any and all accompanying documents are incorporated in full as part of the Standard Agreement. Any and all activities funded, information provided, and timelines represented in the Application will be enforceable through the fully executed Standard Agreement. Pursuant to the Guidelines and in conjunction with the terms of the Standard Agreement, the Applicant hereby agrees to use the funds for eligible uses and Agenda Item #10.7.

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2 allowable expenditures in the manner presented and specifically identified in the approved Application.

ADOPTED ON [insert the date of adoption], by the [insert either “City Council” or “County Board of Supervisors”] of [insert the name of the City or County] by the following vote count:

AYES: NAYS: ABSENT: ABSTAIN:

ATTEST: APPROVED AS TO FORM:
[Signature of Attesting Officer]
___________________________________________APPROVED
[Signature of approval]
Agenda Item #10.7.

Page 264 of 377 ends

Attachment C: Definitions
Capitalized terms shall have the meanings set forth below:

A. “Department” means the California Department of Housing and Community Development.

B. “Designated Program Year” means the designated time period as indicated in the Notice of Funding Availability (“NOFA”) issued by the Department for each funding round.

C. “Eligible Applicant” means a city, county, or city and county that is in compliance with applicable housing laws as described in section 202(F) herein.

D. “Extremely Low-Income Households” has the meaning set forth in Health and Safety Code Section 50106.

E. “Low-Income Households” has the meaning set forth for lower-income households in Health and Safety Code Section 50079.5.

F. “Preserved” means units preserved at affordable housing costs to lower-income households by acquisition of the units or the purchase of affordability covenants and restrictions as described in paragraph (2) of subdivision (c) of Section 65583.1 of the Government Code, except that the city, county, or city and county may have committed assistance at any time during the projection period.

G. “Program” means the Prohousing Incentive Program implemented by these Guidelines.

H. “Prohousing Designation” means the Eligible Applicant has fulfilled the criteria codified at CCR Title 25 Division 1, Chapter 6, Subchapter 6.6, Sections 6600 through 6607, available at prohousing-regulation-text.pdf (ca.gov).

I. “Prohousing Designation Score” means the number of points allocated to a jurisdiction as part of the Prohousing Designation Program for the purpose of determining whether the jurisdiction receives designation, per the regulations codified in the California Code of Regulations Title 25 Housing and Community Development, Division 1, Chapter 6, Subchapter 6.6, Sections 6600 through 6607, Consecutive Prohousing Designation Program.

J. “Substantially Rehabilitated” means units at imminent risk of loss to the housing stock which are substantially rehabilitated and therefore represent a net increase in the community’s affordable housing stock as described in paragraph (2) of subdivision (c) of Section 65583.1 of the Government Code, except that the city, county, or city and county may have committed assistance at any time during the projection period.

K. “Very Low-Income Households” has the meaning set forth in Health and Safety Code Section 50105.

Agenda Item #10.7.

Page 265 of 377 ends
Page 266 of 377 ends

Agenda Report to the City Council
Agenda Section: PUBLIC HEARINGS
Department: Finance
DATE: February 24, 2026
FROM: Martin Beltran, Finance Manager
SUBJECT: Public Hearing to report on activities related to the St.

Helena Community Wellness & Mental Health Program
funded through the Housing and Community Development
(HCD) Community Development Block Grant (CDBG)
Program grant agreement 21-CDBG-NH-20007 and
closeout of the project.

RECOMMENDED
ACTION:

Receive a report summarizing the accomplishments
performed under the State Community Development Block
Grant Agreement 21-CDBG-NH-20007; conduct a public
hearing to solicit public input regarding expenditures and accomplishments of the funding received under this
contract; and direct staff to proceed with submitting
required documents for closeout.

PREVIOUS COUNCIL
ACTION:

February 23, 2021 - City Council approved a resolution to submit a grant application to CDBG under Non-housing
community development activities: Public Services
April 27, 2021 - City Council approved a resolution
approving a Subrecipient Agreement with Aldea Children & Family Services for a total amount not-to-exceed $500,000 and authorizing the City Manager to execute a
subrecipient agreement upon award of CDBG grant.

STATEMENT OF THE
PURPOSE:

Hold a public hearing to solicit input on expenditures and accomplishments related to CDBG funding to support the
submission of required documentation to HCD.

FINANCIAL IMPACT: There is no fiscal impact for the closeout of the grant programs.

BACKGROUND:

On January 29, 2021, the California Department of Housing and Community Development (Department) announced the availability of approximately $30 million in funding available through the federal Small Cities Community Development Block Grant Program (CDBG) for the 2021 funding year. CDBG funds are provided as grants to Non-Entitlement Jurisdictions. The objectives of the CDBG program are to develop viable communities by the provision of decent affordable housing, by a suitable living Agenda Item #11.1.

Page 267 of 377 ends

environment, and to expand economic opportunities, principally for the benefit of lowand moderate-income persons, families, households, and neighborhoods.

On February 23, 2021, City Council approved a resolution to submit a grant application to CDBG under Non-housing community development activities: Public Services requesting funding to assist with mental health services.

On April 27, 2021, City Council approved a resolution authorizing a Subrecipient Agreement with Aldea Children & Family Services to meet the requirements of the CDBG program.

DISCUSSION:

On October 21, 2022, the City received notification of award (21-CDBG-NH-20007) of $498,281 through the CDBG - Non-Housing 2021 Notice of Funding Availability (NOFA) for the St. Helena Community Wellness & Mental Health Program.

Upon grant award, the City of St. Helena partnered with Aldea Children & Family Services to administer the program and assist with development of a mental health services program that would meet the requirements of the CDBG program. The program provided mental health services, including outreach, case management, therapy, and prevention activities to income-qualified families. Program staff, including bilingual providers, supported families with practical education about trauma and mental health, created a safety net that promotes early identification and intervention, built resilience through treatment and services, and destigmatized treatment for mental health and substance use.

During the grant period, Aldea provided 297 treatment services, including treatment plan development, assessments, individual therapy, family therapy, and individual rehabilitation. Grant funds supported services for a total of twenty (20) clients.

Due to initial staffing shortages and the expiration of the 36-month expenditure and liquidation period, the City of St. Helena was unable to fully expend the awarded funds.

As a result, $374,231.28 of the total award was utilized, and the remaining $124,049.72 in 21-CDBG-NH-20007 funds will be disencumbered and returned to HCD.

Funding awarded through this Notice of Funding Availability (NOFA) included a 36- month expenditure and liquidation period. The St. Helena Community Wellness & Mental Health Program has now reached the end of its 36-month grant term with the State. Staff have submitted final reimbursement requests for all eligible expenses and will begin preparing and submitting the required closeout documentation to formally initiate the grant closeout process.

Grant Closeout
Agenda Item #11.1.

Page 268 of 377 ends

In order to officially close out a contract, the City is required to first conduct a public hearing to solicit input regarding expenditures and accomplishments of the funding received under the contract and then submit required documents to HCD.

ENVIRONMENTAL REVIEW: None.

GOAL:

Goal 5: Enhance Quality of Life
Agenda Item #11.1.

Page 269 of 377 ends
Page 270 of 377 ends

Agenda Report to the City Council
Agenda Section: PUBLIC HEARINGS
Department: Public Works
DATE: February 24, 2026
FROM: Rebecca White, Administrative Assistant
SUBJECT: Consideration and proposed approval of a resolution approving the annexation of the property known as
Assessor's Parcel Number 009-391-035-000, located on
Spring Street in St. Helena, CA, into the St. Helena
Municipal Sewer District No. 1. MSD Annexation No. 154.

RECOMMENDED
ACTION:

Staff recommends the City Council adopt a Resolution
approving the annexation of the territories into the St.

Helena Municipal Sewer District No. 1 MSD.

PREVIOUS COUNCIL
ACTION:

City Council approved Resolution 2026-002 on January
13, 2026, requesting to set a public hearing for February 24, 2026, to consider objections to the proposed
annexation as required by state law.

STATEMENT OF THE
PURPOSE:

Commence a public hearing to consider objections to the proposed annexation into the St. Helena Municipal Sewer District No. 1. Consideration and approval of a Resolution approving the proposed annexation if the proposed
annexation is found to be beneficial for the properties.

FINANCIAL IMPACT: None.

BACKGROUND:

Any property that wishes to connect and utilize the sanitary sewer system in the City of St. Helena must be annexed into the Municipal Sewer District No. 1. All applications for annexations shall be approved by the City Council pursuant to the requirements of state law (SHMC § 13.20.040). State law details the requirements in Health and Safety Code Section 4600. City Council approval of the annexation is the formal administrative process to change the property’s tax rate area code from septic to sanitary sewer. The process for a property to be annexed requires that a resolution be adopted ordering a public hearing by an affirmative vote of at least two-thirds of all the members of the City Council (HSC § 4643). The resolution is required to contain the following information and finding:
(a) Describe the boundaries of the territory proposed to be annexed. (b) Designate the proposed annexation by an appropriate number. (c) Declare that the area to be annexed to the district will be benefited by such annexation.

Agenda Item #11.2.

Page 271 of 377 ends

(d) Name the time and place for the hearing of objections by any person interested in the proposed annexation, to the inclusion in the district of any land described in the resolution.

Once adopted, the resolution, together with the names of the members of the City Council voting for and against it, must be published for two successive weeks in a newspaper of general circulation and published in the City. The first publication shall not be more than 60 days nor less than 30 days prior to the date fixed for the hearing.

At the time established for the public hearing, the City Council will hear and consider any objections to the annexation and exclude any territory which in the Council’s opinion will not be benefited by the annexation. After making changes to the boundaries of the area to be annexed, if any, the City Council may then adopt a resolution approving the annexation of the Property into the District which will require at least four affirmative votes. Upon a determination by the Council that the Property will be benefited by the annexation, certified copies of the resolution will then be recorded and filed in the manner and with the same force and effect as provided in Section 4613. Upon recordation of the resolution, the Property annexed becomes a part of the District and is subject to all the liabilities and entitled to all the benefits of the District.

If the City Council approves the resolution following the public hearing on February 24, 2026, City staff will then process the annexation with Napa County and the State Board of Equalization to change the tax rate area code for the property. Staff will work with the applicant to collect outstanding fees and obtain required permits.

DISCUSSION:

The public hearing notices to consider objections to the proposed annexation on February 24, 2026, were first published in the Press Democrat on January 23, 2026, and the second on January 30, 2026. Additionally, notices of the public hearing and the Resolution were distributed within the area to be annexed not earlier than the 60th day or later than the 30th day prior to the hearing.

At the time established for the hearing, City Council will hear and consider any objections to the annexation and exclude any territory which in the Council’s opinion will not be benefited by the annexation. After making changes to the boundaries of the area to be annexed, if any, the City Council may then adopt a Resolution approving the annexation of the property into the District, which will require at least four affirmative votes. Upon a determination by the Council that the property will be benefited by the annexation, certified copies of the Resolution will then be recorded (HSC § 4613). Upon recordation of the Resolution, the property annexed becomes a part of the District and is subject to all the liabilities and entitled to all the benefits of the District (HSC § 4648).

City Council is requested to consider the annexation from the following party into the District:

Agenda Item #11.2.

Page 272 of 377 ends

Anthony Cartlidge, Assessor's Parcel Number 009-391-035, Spring Street, St. Helena, CA, into the St. Helena Municipal Sewer District No. 1, MSD Annexation No.154.

The location map for the property is attached. Staff request City Council to consider the applicant's annexation request and consider a Resolution approving the annexation. If the City Council approves the Resolution following the hearing, City staff will then process the annexation with Napa County and the State Board of Equalization to change the tax rate area code for the property. Properties will then become eligible to connect to the City's sanitary sewer system.

ENVIRONMENTAL REVIEW:

Properties that are annexed into the District and connect to the sanitary sewer system will be required to abandon the existing septic system in accordance with Napa County Environmental Health Services.

GOAL:

Goal 2: Improve Infrastructure & Further Environmental Sustainability Goal 3: Pursue Water Security & Sustainable Management of Water Resources DOCUMENTS ATTACHMENTS:

Exhibit A
Resolution
Agenda Item #11.2.

Page 273 of 377 ends

1. N75'00'W 117.05'

2. S7J'00'W 87.49'

3. WSLY 12.00':t

4. N0TJ5'W 152.00'

5. N0T00'E 135.00':t

6. N82"J0'W 55.00':t

7. S0TJ5'E 155.00':t

8. SJ0"21'W 97.00'

9. S09'15'E 104.00'

10. N0J"OO'W 264.68'

11. N05"J7'E 146.87'

12. N01"56'E J0.98'

13. S40"29'E 205.79'

14. SJ0"15'W 90.00'

15. N59"45'W 78.88'

16. N59'45'W 117.J7'

17. N#'J0'E 110.00'

18. N28"50'E 71.00'

19. SJ9"54'W 84.20'

20. N28"00'E 7J.66'

21. S55"48'58"W 60J.01'

22. S5J'19'06"W 2J0.89'

23. SJ4'08'10"W 20J.90'

24. N4J'J7'J0'W . 047'

25. R=100' L=71.J2'

26. N84"29'10"W 259.59'

27. R=200' L=40.70'

28. S84"29'10"E 259.59'

29. S58"56'W 94.76'

30. N62"00'W 8J.9J'

31. N28"00'E 97.59'

32. N62"02'J1"W 231.25'

33. N5T51 'J4"W 82.J8'

34. N2T57'29"E 91.81'

35. N62"00'W 51.20'
SCALE: 1"=100'
NOTE: This Map Was Prepared For
Assessment Purposes Only , No
Liability Is Assumed For The
Accuracy Of The Data Delineated
Hereon.

36. N4J"J0'E

37. N61"00'E

38. N14'J0'E

39. N51'00'E

40. N60'45'E

41. N4TJ0'E

42. N75"J0'E

43. N65"00'E

44. N65"00'E

45. N75"15'E

46. N40"J0'E

47. N59"15'E

48. N59"15'E

49. N75'00'E

50. S62'00'E

51. N60"24 '50"W

52. SJ4"06'24 "W

53. N64'41'J4"W

54. N5TJ0'44"W

55. N60"42'W

56. S29"18'W

57. SJJ"08'08"W

58. SJ8"20'27"W
59 . SJ5"04 'J0"W

60. SJ5"04'J0"W

61. S20"57'54"W

62. SJ8"47'J2"W

63. S50"06'19"W

64. N2J'45'J9"W

65. N60'42'W

66. N29"55'29"E

67. N29"55'J1 "E

68. N29"55'20"E
~
'0!V

95.04'
J9.60'

75.90'

95.04'
4J.56'

41.58'
J9.60'

7.51'

58.68'

51.48'
151.80'

29.70'

22.96'
J9.64'

28.J8'
160.49'

27.48'

11.J9'
17J.91'

92.90'

40.0J'

68.07'

14.02'

74.97'

11.85'

27.2J'

25.01'

65.15'
J9.94'

20.77'
107.95'
112.44'
100.J1'

14.31 Ac.±

COUNTY ASSESSOR'S PARCEL MAP
PTN. RANCHO CARNE HUMANA
25P/M87-2

DETAIL C
SCALE: 1 "=200'
~
'0!V
R.M. D OF PAT., PG. 127
@)

14.58 Ac.

25.28 Ac.±
Tax
21P/M54
REM @

26.90 Ac.
(44)
Area Code 9-39
3000
3002

DETAIL A
1"=100'
391-32 & 33 LLA 6-1-05
392-38,39,40 PM 4-17-07
391-34 & 35 PM 10-26-07
392-41,42,43 LLA 9-8-08
392-44 & 45 GD 3-12-09
392-45 RS 9-3-15

REVISION DATE
9-39
APN 009-391-035
Agenda Item #11.2.

Page 274 of 377 ends

CITY OF ST. HELENA
RESOLUTION NO. 2026-__
Resolution Authorizing the Annexation of the Property Known as Assessor’s Parcel Number 009-391-035-000, Spring Street, St.

Helena, CA, Into the St. Helena Municipal Sewer District No. 1, MSD Annexation No. 154

RECITALS
A. The property known as APN 009-391-035, Spring Street, St. Helena, CA, will benefit from annexation into the St. Helena Municipal Sewer District No. 1, MSD Annexation No. 154; and
B. A public hearing regarding this proposed annexation was ordered on January 13, 2026, and was duly noticed and held on February 24, 2026, at a regular meeting of the City Council of the City of St. Helena; and
C. All annexation fees have been paid; and
D. The City has complied with all laws applicable to these annexation proceedings, including without limitation Health & Safety Code Section 4641.

RESOLUTION
NOW, THEREFORE, the City Council of the City of St. Helena resolves as follows:

1. The territory described in the attached Exhibit A, commonly known as APN 009-391-035, Spring Street, St. Helena, CA, is hereby ordered annexed.

2. The City Clerk shall cause a certified copy of this Resolution to be recorded with the official records of the County of Napa, pursuant to Section 4647 of the Health & Safety Code.

Approved at a Regular Meeting of the St. Helena City Council on February 24, 2026, by the following vote:

Mayor Dohring:

Vice Mayor Deasy:

Council Member Barak:

Council Member Spadarotto:

Council Member Summers:

Agenda Item #11.2.

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APPROVED: ATTEST:
________________________ ________________________
Paul Jamison Dohring, Mayor Andrew Bradley, City Clerk
Agenda Item #11.2.

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City Council
February 24, 2026
Agenda Item 11.2
Public Hearing – Sewer Annexation
APN -009-391-035-005, Spring Street
Joe Leach, PE, Director of Public Works
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• Public Hearing for the purposes of annexing parcels into the St Helena Municipal Sewer District No. 1.
• Consistent with St Helena Municipal Code 13.20.040
• Once approved, filing with Napa County and State Board of Equalization • Initial step to connect to sewer system
- applicants responsible for all connection costs
- may be eligible for reimbursement for mainline extension - may be required to reimburse another property owner for previous mainline extension.

Scope of Action
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APN 009-391-035-000, Spring Street
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Adopt Resolution of the City Council of the City of St. Helena to approve the annexation of the property known as:
• 009-391-035-000, Spring Street, St. Helena, CA, into the St. Helena Municipal Sewer District No. 1, MSD Annexation No. 154, Applicant: Antony Cartlidge Recommended Action
Agenda Item #11.2.

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Agenda Report to the City Council
Agenda Section: CONSENT ITEMS
Department: Administration/Planning
DATE: February 24, 2026
FROM: Philip Henry, Chief Building Official
SUBJECT: Proposed waiver of second reading and adoption of an Ordinance to implement the Triannual California Building Standards Code Adoption and Modifying Chapter 15 of the St Helena Municipal Code to Make Certain Local
Amendments.

RECOMMENDED
ACTION:

The Community Development Department, Building
Division recommends the City Council:

1. Find the proposed amendments to the Building Code is exempt from CEQA under Section 15061 (b) (3) the
‘General Rule’; and

2. Conduct a second reading and adopt by title only and waive further reading of Ordinance titled “Amendments to St. Helena Municipal Code Title 15 Buildings and
Construction, Adopt and Amend in full the 2025 California Building Standards Code, Title 24.

PREVIOUS COUNCIL
ACTION:

The City Council held and approved the first reading of the proposed ordinance at the regular City Council meeting of January 13, 2026.

STATEMENT OF THE
PURPOSE:

To adopt the Triannual California Building Standards Code with local amendments.

FINANCIAL IMPACT: There is no direct impact to the City fiscal resources from adoption of the proposed ordinance.

BACKGROUND:

The State of California routinely updates building standards with the goal of making the habitable structures more energy efficient and to address climate change. The changes being proposed by the attached amendments are intended to continue that practice and will result in habitable structures being more energy efficient with the goal of reducing greenhouse gas (GHG) emissions.

The State has updated and adopted the California Building Standards Code, which became effective on January 1, 2026. The proposed ordinance and resolution would adopt the California Building Standards Code as required by State law, as well as make local amendments to the Building Standards Code justified by local conditions in the Agenda Item #12.1.

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City of St. Helena. Pursuant to State law, none of the local amendments may be less restrictive than the States Building Standards Codes.

The California Energy Commission (CEC) is the state’s primary energy policy and planning agency with a mission to lead the state to a 100 percent clean energy future.

The CEC develops policy to reduce energy usage and costs, limit the environmental impacts of energy generation and use, and ensure a safe, resilient, and reliable supply of energy. There is a direct correlation between the CEC and the Building Code. Homes and businesses use nearly 70 percent of California’s electricity and are responsible for a quarter of California’s greenhouse gas (GHG) emissions. As California’s energy policy agency, the CEC was mandated by the Warren Alquist Act to periodically update and adopt building standards to increase energy efficiency of buildings and reduce GHGs.

Part 6 of Title 24 implemented this mandate so that every three years the CEC presents Building Energy Efficiency Standards (Energy Code) updates for new construction and renovations to existing buildings. After the CEC adopts these standards, they are submitted to the California Building Standards Commission for approval and inclusion with other changes to the building code. The Energy Code is designed to be costeffective so that implementation is affordable while helping California manage energy demand and advance the state’s climate and clean air goals.

New and more efficient technologies are being developed all the time, with many supported by funding from state programs that bring these energy innovations to markets and consumers. The 2025 Energy Code builds on California’s technology innovations, encouraging inclusion of market-ready electric products in new construction, such as heat pumps for climate control and water heating. The update also requires all new homes be electric-ready. That means buildings with gas stoves have the electrical panels and wiring to support a switch to electric stoves. Further advancements and cost reductions will continue to expand electric options for heating, cooking, laundering, and EV charging to meet all Californians’ needs. These are crucial steps in the state’s progress toward 100 percent clean electricity and carbon neutrality by midcentury, or earlier.

The City of St. Helena has a commitment to sustainability. The Countywide Climate Action committee’s recent GHG inventory update illustrates the need for action to be taken to have an appreciable impact on climate change. In the discussion below, specific code changes are summarized which will help reduce the carbon footprint of St.

Helena and implement many of the Climate Action implementation actions of our General Plan.

The City Council held and approved the first reading of the proposed ordinance at the regular City Council meeting of January 13, 2026.

DISCUSSION:

The California Building Standards Commission (CBSC) is responsible for developing and adopting State Building, Fire and other related codes. Over the last Agenda Item #12.1.

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three (3) years, the CBSC has gone through a planning process and adopted the 2025 California Building Standards Code, California Code of Regulations, Title 24, 12 Parts (Standards Code). The Standards, which include some changes to the code currently in effect, became effective on January 1, 2026.

Every three (3) years the California Building Standards Commission reviews the available model codes. On July 1, 2025 the State of California adopted the 2025 California Building Standards Code, which became effective on January 1, 2026.

The State has given local jurisdictions until the end of the year to adopt the new code and any local amendments.

SUMMARY OF KEY-CODE CHANGES
Municipal Code Title 15, Buildings and Construction, contains either by reference or amendment the rules and regulations which comprise the “City of St. Helena Building Code”. The last update of this Title was in November of 2022 when the 2022 California Building Standards Code was adopted.

The attached “Exhibit A, Title 15, Buildings and Construction” includes the chapters of the Municipal Code that are proposed for amendment and adoption. The California Codes are adopted by reference and are available in the Community Development Department, Building Division for review. The following is a summary of the key code changes (both State and local amendments) beginning in January 2026:
2025 California Building Code
New occupancy classifications for buildings storing lithium-ion batteries. 2025 California Fire Code:
 Amendment to the fire sprinkler section 903.2.1 requiring construction documents for fire protection systems be submitted for review and approval prior to the issuance of a building permit will be deleted from the local amendment. This change will align with the current State Code standard and allow for deferred submittal of fire sprinkler documents.  Language in the Fire Access Roads and Gate section has been revised in the local amendment to the California Fire Code.
2025 California Energy Code:

The most significant changes in the 2025 Building Energy Efficiency Standards (Energy Code) affecting single-family residential buildings is the expansion of heatpump technology in new residential construction, electric readiness, strengthening Agenda Item #12.1.

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of ventilation standards, and more. There are also new requirements for additions and alterations of existing single-family dwellings. These and other significant changes include:
 Single-fuel baseline with the heat-pump being prescriptively required for both water heating and space heating.
 Increased mandatory required minimum insulation for 2 X 4 walls from R-13 to R-15; (R-21 is required for 2 X 6 wall assemblies).
 The prescriptive maximum U-factor has been reduced from 0.30, to 0.27 for CZ 1 through 5.
 Long-term system cost (LSC) and source energy metrics used for compliance through the performance approach.
 For altered space-conditioning systems, refrigerant charge verification is required for heat-pumps in all Climate Zones, and for air-conditioners in CZ2.

With the new 2025 Energy Code, electric is in and gas installations are discouraged. While a gas appliance may be installed under the 2025 code, a penalty will be incurred that will need to be made up in another area within the building envelope. The goal is to build all electric homes with heat-pump technology, thereby reducing Greenhouse gas emissions (GHG). In addition, new homes are envisioned to have PV-solar with battery storage to allow for all energy used by these new homes to be generated and stored on-site without a need to draw from the power grid.

More information is available on the California energy Commission’s (CEC) website @ https://www.energy.ca.gov/data-reports/tracking-progress Specific Proposed Amendments to Building Electrical, Mechanical, Plumbing, Wildland-Urban Interface and Fire Codes:

The new code includes building, electrical, mechanical, plumbing codes, wildlandurban interface code, fire code, the energy code, the historical building code, the green building code, and the residential code as follows:

I. Errata for the 2025 Title 24 Codes:
 Based on the 2024 International Building Code for the 2025 California Building Code, Part 2;
 Based on the 2024 International Residential Building Code for the 2025 California Residential Code, Part 2.5;
 Based on the 2023 National Electrical Code for the 2025 California Electrical Code, Part 3;
 Based on the 2024 Uniform Mechanical Code for the 2025 California Mechanical Code, Part 4;
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 Based on the 2024 Uniform Plumbing Code for the 2025 California Plumbing Code, Part 5;
 Based on the 2024 International Fire Code for the 2025 California Fire Code, Part 9;
 Based on the 2024 International Existing Building Code for the 2025 California Existing Code, Part 10;
II. Updates for the following parts authored by the State of California:
 The 2025 California Administrative Code. Part 1;
 The 2025 California Green Building Standards (CAL Green) Code, Part 11;  The 2025 California Referenced Standards Code, Part 12;  The 2025 California Energy Code, Part 6;
 The 2025 California Wildland-Urban Interface Code, Part 7; and  The 2025 California Historical Building Code, Part 8.

III. The following list highlights the corrected and/or new amendments specific to the State of California Codes and the St. Helena Municipal Code:

1. Municipal Code, Section 15.04.050, is changed to show correct date of the new code.

2. Municipal Code, Section 15.04.140, item C, is changed to show correct date of the new code.

3. Municipal Code, Section 15.08.010, is changed to show the correct date of new code.

4. Municipal Code, Section 15.08.020, item C, is changed to show correct date of the new code.

5. Municipal Code, Section 15.12.010, is changed to show correct date; add adoption of Appendix I, Patio Covers.

6. Municipal Code, Section 15.12.020, is changed to show the correct date of the new code. Correct reference to code section numbering in items A & B.

7. Municipal Code, Section 15.12.040, is changed to clarify language of Appendix J, Grading and clarify deletion of certain exceptions.

8. Municipal Code, Section 15.16.010 is changed to show the correct date of the new code.

9. Municipal Code, Section 15.18.010, is changed to show correct date of the new code, and add the following: The 2025 Edition of the California Building Standards Code, known as the California Code of Regulations, Title 24, Part 6, published by the International Code Council, is hereby adopted including all appendices, and without amendments.

10.Municipal Code, Section 15.20.010 is changed to show the correct date of the new code.

11.Municipal Code, Section 15.24.010, is changed to show the correct date of the new code.

12.Municipal Code, Section 15.24.020 is changed to reference correct code section in the California Electrical Code and capitalize title of section for consistency.

13.Municipal Code, Section 15.28.010, is changed to show the correct date of the new code.

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14.Municipal Code, Section 15.28.020 is changed to reflect the new code section numbering for automatic fire sprinkler systems in the California residential Code has changed from R313 to R309.

15.Municipal Code, Section 15.32. 010, is changed to show the correct date of the new code.

16.Municipal Code, Section 15.48.030, is changed to remove incorrect reference to Municipal Code, Section 17.136.090; and add the following language: All trailers when occupied or used for living or sleeping purposes shall be kept within approved trailer camps or farm labor camps, except when a temporary permit is issued by the building department for habitation on a temporary basis for a dwelling or overnight sleeping by the building official. The permit shall state the name of the owner of the vehicle, state the number of occupants of the vehicle, include the signature and address of the owner of the property where the vehicle will be parked and the dates of the visit. One copy of the permit shall be provided to the police department, and one copy shall be displayed on the vehicle so that it is visible from the public right-of-way. Only one permit per property shall be in effect at a time and no more than two permits shall be issued to a property owner within a twelve (12) month period.
a. A permit may authorize the habitation of a self-contained recreational vehicle or recreational trailer on residential property for periods not to exceed fourteen days (14), provided that the vehicle is parked on the residential driveway and no portion of the vehicle overhangs the public sidewalk or public right-of-way. The vehicle used for habitation shall not be parked adjacent to the main residential unit on the adjacent property unless authorization from the adjacent property owner is provided at the time the permit is requested from the building official
b. A permit may authorize habitation of a self-contained recreational vehicle or recreational trailer on the public street fronting the parcel on which the permit is requested for periods not to exceed five days, provided that the vehicle does not block access to residential driveway nor extend into the street frontage of adjacent parcels. No hookups for water or utilities are allowed to a vehicle located on the public street and no furniture associated with the recreational vehicle shall be located outside the vehicle within the public right-of-way.

c. A permit may be authorized for the parking and habitation of a recreational vehicle or recreational trailer on land upon which the occupant is constructing a residence or remodeling a residence for a period not to exceed six months. The permit may be extended for a period of one additional six-month period if the construction is not completed.

17. Municipal Code, Section 15.53.010, is changed to show correct date of the new code.

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18. Municipal Code, Section 15.54.010, is changed to show the correct date of the new code.

19. Municipal Code, Section 15.55.010, is changed to show the correct date of the new code

20. Municipal Code, Section 15.56.010 is added to adopt the 2025 California Wildland-Urban Interface Code
A. Municipal Code, Section 15.56.020 is added for amendments to the California Wildland-Urban Interface Code as follows: Section 604.6, Defensible Space for Structures and Roads, is added to read as follows:

A. General. Persons owning, leasing, controlling, operating or maintaining buildings or structures in, upon or adjoining hazardous fire areas, and persons owning, leasing or controlling land adjacent to such buildings or structures, shall at all times:

1. Maintain an effective fuel break by removing and clearing away flammable vegetation and combustible material from areas within 150 feet of buildings and structures;
Exception: Single specimen trees, ornamental shrubbery or similar plants used as ground covers, provided they do not form a means of rapidly transmitting fire from the native growth to any structure.

2. Remove portions of trees which extend within 10 feet of the outlet of a chimney;

3. Maintain trees adjacent to or overhanging a building free of deadwood; and

4. Maintain the roof of a structure free of leaves, needles or other dead vegetative growth.

5. Remove all limbs from trees up to no less than 6 feet from the ground.

B. Roadways. The Fire Code Official is authorized to cause areas within 10 feet on each side of portions of all roads, driveways and fire department access roads which are improved, designed or ordinarily used for vehicular traffic to be cleared of flammable vegetation and other combustible growth. The Fire Code Official is authorized to enter upon private property to do so.

Exception: Single specimens of trees, ornamental shrubbery or cultivated ground cover provided they do not form a means of readily transmitting fire.

21. C. Corrective Actions. The Fire Code Official is authorized to give notice to the owner of the property upon which conditions regulated by this section exist to correct such conditions. If the owner fails to correct such conditions, the Fire Code Official is authorized to cause the same to be done and make the expense of such correction a lien upon the property where such condition exists Municipal Code, Section 15.36 (Fire Code)
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22. Municipal Code, Section 15.36.020, is changed to show the correct date of the new code.

23. Municipal Code, Section 15.36.040 is updated to correct the date of new code.

24. Municipal Code Section 15.36.050, Section 503.4.1 is changed to show correct date of the new code. Section 503 Fire Apparatus Access Roads amended to add for Multi-family and Nonresidential properties shall comply with SHMC Section 17.26.050 D. Section 503.4.1 Traffic Calming Devises added the following language: unless specifically approved on a case by case basis by the Fire Chief.

25. Municipal Code, Section 15.36.060 A, is changed by deleting the requirement for fire sprinkler systems to be reviewed and approved prior to issuance of the building permit.

26. Municipal Code, Section 15.36.080, is changed to correct date of new code.

27. Municipal Code, Section 15.36.090, is updated for correct date of the new code.

28. Municipal Code, Section 15.36.100, is updated for correct date of the new code.

Section D has also been deleted from this section.

ENVIRONMENTAL REVIEW: The proposed amendments to the Building Code are exempt from CEQA under Section 15061 (b) (3) the ‘General Rule’.

DOCUMENTS ATTACHMENTS:

Exhibit A- Municipal Code Title 15 Buildings and Construction Amendments-With Out Section 15.36 Fire Code
Exhibit B – Municipal Code Title 15.36 Buildings and Construction Amendments-Fire Code
Exhibit C - Ordinance
Agenda Item #12.1.

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Chapter 15.36

CALIFORNIA FIRE CODE ADOPTED
Sections:

15.36.010 General findings.

15.36.020 Codes adopted.

15.36.030 Specific findings for code amendments.

15.36.040 Administration.

15.36.050 Fire Service Features.

15.36.060 Fire Protection Systems.

15.36.070 Establishment of Limits

15.36.080 Requirements for Wildland-Urban Interface Areas

15.36.090 Fire Flow Requirements for Building

15.36.100 Fire Apparatus Access Roads

15.36.110 Modifications.

15.36.120 Appeals.

15.36.010 General findings.

A. The fire and hazardous materials section of the public health and safety element of the city general plan recommends that on-site fire mitigation should include use of fire-resistant materials, sprinklers, and early warning systems; and provides that factors which contribute to the potential for fire are vegetation and distance from fire stations;
B. Because response time of fire suppression units has a critical impact on the ability to protect life and property in case of fire or other emergencies, buildings must be provided with built-in fire protection systems to offset the negative impact of excessive response time;
C. The residential growth management system section of the land use element of the city general plan prescribes that density and population shall not exceed that which can be served by adequate public facilities and service; D. The fire department has increasing incidence of simultaneous demands for service that completely deplete our resources; and provides that fire protection requirements for new construction and remodeled buildings shall be strengthened to reduce planned growth on fire department capabilities and to provide a reasonable degree of fire and life safety at minimum fire suppression cost; and
E. The City Council desires to enhance the adequate protection of buildings and structures by the adoption of this chapter.

15.36.020 Codes adopted.

The 20225 California Fire Code, known as the California Code of Regulations, Title 24 part 9, based on the International Fire Code, 20225 Edition, published by the International Code Council in its entirety, including Appendices: Appendix Chapter 4, Agenda Item #12.1.

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Appendix B and Appendix BB (Fire Flow Requirements for Buildings), Appendix C and Appendix CC (Fire Hydrant Locations and Distribution), Appendix D (Fire Apparatus Access Roads), Appendix E (Hazard Categories), Appendix F (Hazard Ranking), Appendix G (Cryogenic fluids-Weight and Volume Equivalents), Appendix H (Hazardous Materials Management Plans and Hazardous Inventory Statement), Appendix I (Fire Protection Systems Noncompliant Conditions), Appendix J (Building Signage), Appendix K (Temporary Haunted Houses, Ghost Walks and Similar Amusement Uses) and referred to as the “International Fire Code” or “IFC” is adopted as amended and made a part of this code by reference per findings as set forth in Section 15.36.030.

15.36.030 Specific findings for code amendments.

Each amendment to the California Fire Code adopted by this chapter, is reasonably necessary because of the following determinations due to local climatic, geological, or topographic conditions pursuant to Health and Safety Code, Section 17958.5:

A. The city is characterized by a narrow valley floor surrounded and intermingled with steep hill terrain, containing areas which are very susceptible to wildland fires. Wildland fires are considered a significant threat in St. Helena. Native vegetation of brush, woodland, grassland and forest become extremely flammable during summer and remain so if drought conditions prevail during the winter months. Drought cycles appear in this area every seven (7) through eleven (11) years.

B. Earthquake is considered to be one of the most potentially destructive threats to life and property in the city. A moderate to severe seismic incident on any of the several fault zones in relatively close proximity to St. Helena is expected to cause extensive property damage, disruptions to communications systems, and damage to public utility systems.

C. St. Helena is divided geographically into two parts by the north to south flow of the Napa River. Significant damaging flooding occurs in portions of the city approximately every five (5) to ten (10) years. Warnings are usually given several hours to a few days before such floods. This natural barrier can serve as a severe impediment to public safety services because of the severity of slopes, and the existence of natural barriers such as the Napa River, Sulphur Creek, and York Creek. (Prior code § 5A.12)
D. Some areas of the forested hillside terrain that border the city have been designated as a Woodlands and Watershed area. These are areas that are Local Responsibility areas (LRA) for fire response and as such fall under the Wildland Urban Interface (WUI) guidelines set forth in chapter 49 of the Fire Code and chapter 7A of the Building Code.

15.36.040 Administration
A. Section 105.4.4.1 Phased Approval, is repealed in its entirety Agenda Item #12.1.

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B. Section 109.3 Violation penalties, California Fire Code 20225, Chapter 1 is amended to read as follows:

Persons who shall violate a provision of this fire code or shall fail to comply with any of the requirements thereof or who shall erect, install, alter, repair or do work in violation of the approved construction documents or directive of the Fire Code Official, or of a permit or certificate used under provisions of this fire code, shall be subject to penalties as prescribed by law. In addition to potential civil and/or criminal penalties, any person, individual, group of individuals, firm, trust, corporation, partnership association, or business concern responsible for an unauthorized release of hazardous material, a malicious false alarm, excessive unintentional false alarms, or igniting and/or maintaining an illegal fire, shall be liable for reimbursing the City of St. Helena for all costs incurred resulting from the City’s emergency response and mitigation activities involving these incidents. Incurred costs may include such activities as firefighting, rescue, evacuation, hazardous material containment, control and/or disposal, incident investigation, report writing, administrative costs, and additional mitigation activities that may be contracted by the City.

C. 110.5 Unsafe Building or Property, is added to Section 110 to read in full as follows:

Unsafe building or property. It shall be unlawful to leave or maintain any building or property in an unsafe condition or maintain any building or property in a manner that is a public nuisance, a threat to life, safety, or property, or a fire hazard. The Fire Code Official may order or cause the abatement of such nuisance, threat, or hazard as specified in Section 109 of the fire code. All grass and weeds shall be cut to a maximum of 4 inches in length and all dead, dying, and/or decaying vegetation shall be removed by June 1st each year. Upon discovery of any public nuisance as defined by this code, the city administrator, or his or her designee, may notify the owner and any responsible person that the nuisance shall be abated by the city at such person’s expense unless they appear at the stated time and place to show cause why there should be no abatement, pursuant to Sections 1.12.140 through 1.12.200. (Prior code § 1.24) If the owner fails to correct such conditions, the Fire Code Official is authorized to cause the same to be done and make the expense of such correction a lien upon the property where such condition exists.

D. Section 111.4, Failure to comply, California Fire Code 20225, Chapter 1 is amended to read as follows:

Any person who shall continue any work after having been served with a stop work, except such work as that person is directed to perform to remove a violation or unsafe condition, shall be subject to penalties as prescribed by law.

E. Section 307.1 is amended to read as follows:

Agenda Item #12.1.

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307.1 General. A person shall not kindle or maintain or authorize to be kindled or maintained any open burning unless conducted for agricultural operations, approved in accordance with this section and a permit obtained from the Fire code official.

F. Section 304.1.2 is amended to read as follows:
304.1.2 Vegetation. Weeds, grass, vines or other growth that is capable of being ignited and endangering property, shall be cut down and removed by the owner or occupant of the premises. All grass and weeds shall be cut to a maximum of 4 inches in length and all dead, dying, and/or decaying vegetation shall be removed by June 1st each year.

15.36.050 Fire Service Features
Chapter 5
Section 501 General is amended to read as follows:

A. Section 501.3 is amended to read as follows:
501.3 Construction documents. Construction documents for proposed fire apparatus access, security gates across fire apparatus access, location of fire lanes, construction documents, hydraulic calculations for fire hydrant systems and all fire protection system plans shall be submitted and approved prior to the issuance of a building permit.

Section 503 Fire Apparatus Access Roads is amended to read as follows:

Driveways and access roads for Multifamily and Nonresidential Properties shall be as defined in Municipal Code Sec. 17.26.050 D, Standards for driveways and access drives.

Section 503.4.1 Traffic calming devices, California Fire Code 20225, Chapter 503.4.1 is amended to read as follows:

Traffic calming devices including, but not limited to, speed bumps, speed humps, speed tables, speed depressions, shall not be allowed on public or private roadways, driveways or fire apparatus access routes unless specifically approved on a case by case basis by the Fire Chief..

Section 506.1 Where required, California Fire Code 20225, Chapter 5 is amended to read as follows:

Key boxes are required on all commercial buildings and multi-family residential housing units within the city limits. The key box shall be on an approved type and shall contain Agenda Item #12.1.

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keys to gain necessary access and a building site plan as required by the Fire Code Official.

Chapter 6 Building services and systems
A. Section 603.8 is amended to read as follows:
603.8 Incinerators. Commercial, industrial and residential type incinerators and chimneys are prohibited within the City of St. Helena.

B. 609.2 Is amended to read as follows:
609.2 Where required. A Type 1 hood shall be installed at or above all commercial cooking appliances and domestic cooking appliances used for commercial purposes that produces grease laden vapors. Cooking facilities in assembly occupancies and congregate residences shall be considered commercial operations.

15.36.060 Fire Protection Systems
A. Chapter 9, subsection 901.1 is hereby amended to read. Approved automatic sprinkler systems in new buildings, structures and qualified additions and remodels shall be provided in the locations described as follows. 903.2.1 Construction Documents. The Fire Code Official shall have the authority to require construction documents and calculations for all fire protection systems and to require permits be issued for the installation, rehabilitation or modification of any fire protection system. Construction documents for fire protection systems shall be submitted for review and approval prior to the issuance of a building permit.

B. Chapter 9, subsection 903.2 is amended by repealing the entire subsection 903.2 (with the exception of subsections 903.2.12, 903.2.17 and tables 903.2.11.6 and 903.2.5.2, which shall remain in effect), and replacing it with the following:
903.2 Where Required. Approved automatic sprinkler systems in new and existing buildings shall be provided in the locations described in this section. 903.2.1 Required installations. An automatic fire sprinkler system shall be installed and maintained in all newly constructed buildings or structures, fire sprinkler systems shall be installed in new manufactured homes and multifamily manufactured homes with two dwelling units in accordance with Title 25 of the California Code of Regulations.

Exception:

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1. When approved by the Fire Code Official spaces or areas in telecommunications buildings used exclusively for telecommunications equipment, associated electrical power distribution equipment, batteries and standby engines, provided those spaces or areas are equipped throughout with an automatic fire alarm system and are separated from the remainder of the building by fire barriers consisting of no less than 1- hour fire-resistance-rated wall and 2-hour fire-resistance-rate floor/ceiling assemblies.

2. Automatic fire sprinkler protection for fixed guideway transit systems shall be as per Section 903.2.17.

3. Detached Group U private garages and carports accessory to a Group R3 occupancy and less than 1,000 square feet., and more than 10 feet from adjacent structures, unless all exterior walls provide 2-hour fire protection.

4. Detached pool houses, workshops, barns and similar structures, built in conjunction with existing non-sprinkled single-family residences and provided the new structure is less than 1,000 square feet, is not intended for use as a dwelling unit and complies with the separation distances and exterior fire protection ratings of the Building Code.

5. Detached non-combustible, limited combustible materials or fire retarded treated wood canopies less than 3,000 square feet in roof area used exclusively for vehicle washing facilities or vehicle fuel dispensing stations.

6. Group B or M occupancies less than 500 square feet.

7. Detached, unenclosed gazebos or shade structures less than 1,000 square feet.

8. Detached restroom facilities associated with golf courses, parks and similar uses.

9. Shipping containers used for storage purpose and located not closer than 5 feet to a building, property line or other container. 903.2.2 Additions. An automatic sprinkler system shall be installed throughout any existing commercial or residential building when the floor area of the addition (including mezzanines) within any three year period exceeds 50% of the existing floor area of the building (excluding attached garages or unconditioned spaces in the floor area calculation of the addition) or when an additional story is added. 903.2.3 Alterations or Repairs. For alterations or repairs to existing buildings involving demolition of more than 50% of the existing floor area or removal of 50% or more of the existing ceiling covering (i.e. sheetrock, lath and plaster, suspended ceiling etc.), or removal of 50% or more of the existing roof structure or roof substructure (excluding roof covering material) the building shall meet the sprinkler requirements for a newly constructed building.

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Exception: One-time alterations made solely for the purpose of complying with the Americans with Disabilities Act.
903.2.4 Change of Occupancy. Any change of occupancy when the proposed new occupancy classification is more hazardous based on a fire and life safety evaluation by the Fire Code Official and Building Code Official, including conversion of buildings to single-family residences, accessory dwelling units, bed and breakfast, inns, lodging houses or congregate residences or other similar uses an automatic fire sprinkler system shall be installed throughout.

Section 907.1
Section 907.1.6 is added to read as follows:
907.1.6 False Alarms. A false alarm shall mean the receipt by the fire department an audio or visual alarm or signal from an automatic fire alarm device set off by causes other than the occurrence of a fire. Alarm users are allowed three (3) false alarms in a 365-day period. A service charge of $100 shall be imposed for the fourth false alarm, a $250 service charge shall be imposed for the fifth false alarm and a service charge of $500 for each subsequent false alarm shall be assessed.

Appendix C
Amend Appendix C Fire Hydrant Locations and Distribution.

Section C102 Location by adding the following:

C 102.2 Fire Department Connections
A Fire Hydrant shall be located within 50 feet of all Fire Department connections (FDC), or approved by the Fire Code Official.

15.36.070 Establishment of Limits
A. Establishments of Limits of Districts in which Storage of Flammable or Combustible Liquids in Outside Aboveground Tanks is Prohibited: The limits referred to in Chapter 57 of the California Fire Code, in which the storage of flammable or combustible liquids is restricted, are hereby established as follows: Storage of 16 gallons or more is prohibited in all areas unless a permit is issued by the Fire Code Official.

B. Establishment of Districts of Limits in which Storage of Liquefied Petroleum Gasses is prohibited: The limits referred to in Chapter 57 of the California Fire Code, in Agenda Item #12.1.

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which storage of liquefied petroleum gas is prohibited, are hereby established as follows: Storage is prohibited in all areas of the City unless a permit is issued by the Fire Code Official.

C. Establishment of Limits of Districts in which Storage of Explosives and Blasting Agents is Prohibited: The limits referred to in Chapter 56 of the California Fire Code, in which storage of explosives and blasting agents is prohibited, are hereby established as follows: Storage is prohibited in all areas of the City, unless a permit is issued by the Fire Code Official.

D. Establishment of Limits of Districts in which the Storage of Compressed Gases is Prohibited: The limits referred to in Chapter 53 of the California Fire Code in which the storage of compressed gases is prohibited, are hereby established as follows:

Storage of 16 gallons or more is prohibited in all areas of the City unless a permit is issued by the Fire Code Official.

E. Establishment of Limits of Districts in which the Storage of Stationary Tanks of Flammable Cryogenic Fluids is Prohibited: The limits referred to in Chapter 58 of the California Fire Code in which the storage of flammable cryogenic fluids in stationary containers is prohibited, are hereby established as follows: Storage is prohibited in all areas of the City unless a permit is issued by the Fire Code Official.

F. Establishment of Limits of Districts in which the Storage of Hazardous Materials is prohibited: The limits referred to in Chapter 50 of the California Fire Code in which the storage of hazardous materials is prohibited, are hereby established as follows:

Storage is prohibited in all areas of the City unless a permit is issued by the Fire Code Official.

15.36.080 Requirements for Wildland-Urban Interface Areas Chapter 49, California Fire Code 20225, Requirements for Wildland-Urban Interface Areas, is amended by adding Section 4908 to read as follows:

Defensible Space for Structures and Roads
A. General. Persons owning, leasing, controlling, operating or maintaining buildings or structures in, upon or adjoining hazardous fire areas, and persons owning, leasing or controlling land adjacent to such buildings or structures, shall at all times:

1. Maintain an effective fuel break by removing and clearing away flammable vegetation and combustible material from areas within 150 feet of buildings and structures;
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Exception: Single specimen trees, ornamental shrubbery or similar plants used as ground covers, provided they do not form a means of rapidly transmitting fire from the native growth to any structure.

2. Remove portions of trees which extend within 10 feet of the outlet of a chimney;

3. Maintain trees adjacent to or overhanging a building free of deadwood; and

4. Maintain the roof of a structure free of leaves, needles or other dead vegetative growth.

4.5. Remove all limbs from trees up to no less than 6 feet from the ground.

B. Roadways. The Fire Code Official is authorized to cause areas within 10 feet on each side of portions of all roads, driveways and fire department access roads which are improved, designed or ordinarily used for vehicular traffic to be cleared of flammable vegetation and other combustible growth. The Fire Code Official is authorized to enter upon private property to do so.

Exception: Single specimens of trees, ornamental shrubbery or cultivated ground cover provided they do not form a means of readily transmitting fire.

C. Corrective Actions. The Fire Code Official is authorized to give notice to the owner of the property upon which conditions regulated by this section exist to correct such conditions. If the owner fails to correct such conditions, the Fire Code Official is authorized to cause the same to be done and make the expense of such correction a lien upon the property where such condition exists.

15.36.090 Fire Flow Requirements for Building
Section 507 Fire Protection Water Supplies
507.1 Required Water Supply. An approved water supply capable of supplying the required fire flow for fire protection of portions of buildings that are hereafter constructed or moved onto or within the jurisdiction. Such water supply shall be connected to the Municipal Water Supply if available within 1,000 ft. of the subject property.

A. Section B105.1 Fire-Flow Requirements for Buildings, California Fire Code 20225, Appendix B is amended to include to read as follows:

1. One and Two-Family Dwellings Under 2500 Square Feet and not served by a Public Water System, the minimum water storage shall be 5,000 gallons of capacity dedicated for fire protection.

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Exception: A reduction in fire flow of 50% is allowed when the building is protected with an approved automatic fire sprinkler system.

2. One and Two-Family Dwellings Over 2500 Square Feet and Not Served by a Public Water System. The minimum water storage shall be in accordance with Table B105.1 of Appendix B.

15.36.100 Fire Apparatus Access Roads
A. Section D103.2 Grade, California Fire Code 20225, Appendix D is amended to read as follows:

Fire apparatus access roads shall not exceed 16% in grade.

Exception: Lots of record established prior to January 1, 2014 the grade shall not exceed 20%. All grades exceeding 10% shall be AC pavement; all grades exceeding 16% shall be Portland cement scored concrete.

B. Section D103, Figure D103.1, California Fire Code 2019, Appendix D is amended to include the following drawings in the City of St. Helena Street, Storm Drain & Sidewalk Standards:

Drawings: 1, 1.1R, 1.2R, 2, 2R, 3, 3.1, 3.2, 3.3, 3.4, 4, 5, 6, 7, 8, & 9.

C. Section D103.5 Fire Apparatus access road gates, California Fire Code 20225 Appendix B is amended to read as follows:

Gates securing the fire apparatus access roads or private driveways shall comply with the following:

1. The minimum gate width shall be 16 feet for residential or 20 feet for commercial occupancies.

2. Gates shall be of the swinging or sliding type.

3. Construction of gates shall be of materials that allow manual operation by one person.

4. Gate components shall be maintained in an operative condition at all times and replaced or repaired when defective.

5. Electric gates shall be equipped with a means of opening the gate by fire personnel for emergency access. An approved key system will be installed approved by the Fire Code Official.

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6. Manual opening gates shall not be locked with a padlock or chain unless they are capable of being opened by means of forcible entry tools or when the key box containing the key(s) to the lock is installed at the gate location.

7. All locking devices shall be approved by the Fire Code Official.

8. Electric gate operators, where provided, shall be listed in accordance with UL 325.

9. Gates intended for automatic operation shall be designed, constructed and installed to comply with requirements of ASTM F 2200.

10. Gates shall comply with Section 17.124.070 c. of the St. Helena Municipal Code 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 thirty (30) feet of the edge of pavement of the access drive, drive aisle or property line, including residential driveways or location as determined by the Public Works Director in conjunction with the Fire Code Official.

D. Section D107.1 One or two-family dwelling residential developments, California Fire Code 2022, Appendix B is amended to read as follows:

Developments of one, two-family or multi- family dwellings where the number of dwelling units exceeds thirty (30) shall be provided with two separate and approved fire apparatus access roads, and shall meet the requirements of Section D104.3.

E. Gated entrances.

Gates on driveways.

Gates may be installed on driveways provided they comply with the following standards:

1. All gated entrances must be issued a building permit before construction begins, each gate entrance shall be at least two (2) feet wider than the width of the traveled way serving the gate and a minimum width of sixteen (16) feet unobstructed horizontal clearance and unobstructed vertical clearance of fourteen (14) feet.

2. All gates providing access from a road to a driveway shall be located at least thirty (30) feet from the roadway edge and shall open away from the roadway or be of the sliding type and shall meet all above operational requirements specified for apparatus access gates. (Ord.).

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Final Inspection.

As a condition precedent to the granting of a Building Permit, the applicant must demonstrate that the Gate Entrance requirements as set forth in Chapter 17.124.070 of the Municipal Code, can be met and constructed to meet the requirements set forth herein. As a condition precedent to the granting of a “Final Inspection,” the applicant must demonstrate that the gate entrance is constructed in a manner that meets these standards.

3. Replacement Dwellings. In cases where Building Permits are for replacement dwellings or additions to existing dwelling units and increased use is not anticipated, these requirements may be waived by the authority having jurisdiction (AHJ).

4.Existing Gates. In cases where a gated access is already existing and the alteration or removal of the existing gated entrance cannot be designed and installed to meet these requirements due to topographic or geologic conditions, upon request by the applicant or his/her authorized representative, exceptions to the standards within this subsection may be allowed by the authority having jurisdiction (AHJ), where the exception provides for the same overall practical effect as these regulations towards providing a safe area for occupants or users of the property and for emergency vehicles to park while trying to gain gate access to the applicants parcel.

Exceptions. Request for an exception shall be made in writing to the authority having Jurisdiction (AHJ) by the applicant or the applicant’s authorized representative. The request shall state the specific section(s) for which an exception is requested, material facts supporting the contention of the applicant, the details of the exception, and a map showing the proposed location and citing of the exception or alternative measures.

5. Historic or significant architectural existing gates, may be replaced with materials of like quality to restore these gated entrances to their original historic specifications.

No modifications or upgrades to the original specifications will be allow for the Historic gated entrance to avoid compliance with Sec. 15.36.100 of the St. Helena Fire Code and Sec. 17.124.070 of the St. Helena Municipal Code.

15.36.110 Modifications.

The City Manager, the Fire Chief and the Fire Code Official shall act as a committee and shall have power to modify any of the provisions of the California Fire Code upon application in writing by the owner or lessee, or his or her duly authorized agent, when there are practical difficulties in the way of carrying out the strict letter of the fire code, provided that the spirit of the fire code shall be observed, public safety secured, and substantial justice done. The particulars of such modification when granted or allowed and the decision of the committee thereon shall be entered upon the records of the department and a signed copy shall be furnished the applicant. (Prior code § 5A.20) Agenda Item #12.1.

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15.36.120 Appeals.

Whenever the Chief of the Fire Department shall disapprove an application or refuse to grant a permit applied for, or when it is claimed that the provisions of this fire code do not apply or that the true intent and meaning of the fire code have been misconstrued or wrongly interpreted, the applicant may appeal from the decision of the Chief of the Fire Department to the board of appeals within thirty (30) days from the date of the decision appealed. (Prior code § 5A.21)
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Exhibit A
Title 15

BUILDINGS AND CONSTRUCTION
Chapters:

15.04 General Provisions

15.08 Administration of the California Building
Standards Code

15.12 California Building Code Adopted

15.16 California Mechanical Code Adopted

15.18 California Energy Code Adopted

15.20 California Plumbing Code Adopted

15.24 California Electrical Code Adopted

15.28 California Residential Code Adopted

15.32 California Existing Building Code

15.36 California Fire Code Adopted

15.40 Retrofitting of Unreinforced Masonry
Buildings

15.44 Building Numbering System

15.48 Trailers and Trailer Camps

15.52 Flood Damage Prevention

15.53 California Green Building Standards Code
Adopted

15.54 California Administrative Code Adopted

15.55 California Referenced Standards Code
Adopted

15.5515.56 California Wildland-Urban Interface
Code Adopted
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Chapter 15.04

GENERAL PROVISIONS
Sections:

15.04.010 Short title.

15.04.020 Purpose.

15.04.030 Authority.

15.04.040 Building division—Created.

15.04.050 Building Official—Powers and duties generally.

15.04.060 Building Official—Recordkeeping duties.

15.04.070 Jurisdiction.

15.04.080 Permits required.

15.04.090 Inspections—Authority—Concealment prohibited.

15.04.100 Violations of other ordinance.

15.04.110 Conformance with zoning ordinance.

15.04.120 Copies of codes.

15.04.130 Specific findings for code amendments.

15.04.140 Violations—Penalties.

15.04.010 Short title.

The provisions codified in this title shall be known as the “St. Helena Building Code,” may be cited as such, and will be referenced to in this title as “this building code.” (Prior code § 4.1)

15.04.020 Purpose.

The city council expressly finds that the purpose of this building code is to provide minimum standards to safeguard life or limb, health, property, and public welfare by regulating and controlling the design, construction, quality of materials, use and occupancy, location, and maintenance of all buildings and structures within the city, and certain equipment specifically regulated in this building code. (Prior code § 4.2)

15.04.030 Authority.

This building code is adopted pursuant to the authority granted by Section 11 of Article XI of the State Constitution to a city to make and enforce within its limits all such local police, sanitary, and other regulations as are not in conflict with general laws. It is further adopted in conformity with the provisions of Sections 50022.1 to 50022.10, inclusive, of the California Government Code relating to the adoption of codes by reference. (Prior code § 4.3)

15.04.040 Building division—Created.

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There is contained within the city the building division, which shall be under the jurisdiction of the Building Official designated by the appointing authority. (Prior code § 4.4)

15.04.050 Building Official— - Powers and duties generally.

Section 104.1, General, California Building Code 20225 Chapter 1, is amended to read as follows:

The Building Official is authorized and directed to enforce all of the provisions of this building code and of the codes adopted by reference by this building code.

The Building Official is authorized to consult experts that he or she deems to be qualified in all fields related to the subject matter of this building code and of the codes adopted by reference by this building code to the extent that he or she deems it reasonably necessary to assist him or her in carrying out his or her duties hereunder. The decision of the Building Official in enforcing the provisions of this building code or of the codes adopted by reference by this building code or in interpreting the provisions thereof or in exercising the authority delegated thereby shall be final, subject to appeal as provided in Section 113 of the 20225 California Building Code Chapter 1.

15.04.060 Building Official—Recordkeeping duties.

The Building Official shall cause a permanent record to be kept of all pertinent transactions of the building division under this building code and the codes adopted by this building code and to render a monthly report to the city council of all permits issued and fees collected. (Prior code § 4.6)

15.04.070 Jurisdiction.

This building code shall apply within all of the territory of the city. (Prior code §

4.7)

15.04.090 Inspections—Authority—Concealment prohibited.

A. All work for which a permit is required shall be subject to inspection by the Building Official to ensure compliance with all requirements of this building code.

B. It shall be the responsibility of the owner or person doing work authorized by a permit to notify the Building Official orally or in writing when such work is ready for inspection. Such notification shall be given at least twenty-four (24) hours before the work is to be inspected.

C. No portion of any building, structure, wiring, plumbing or equipment which is required to be inspected shall be permanently covered or concealed without approval of the Building Official.

D. The Building Official shall have authority to remove or require the removal of any obstruction which prevents the required inspection of any portion of a building, structure, wiring, plumbing, electrical or mechanical equipment. (Prior code § 4.9)
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15.04.100 Violations of other ordinance.

No permit shall be issued pursuant to this title if at time of issuance there exists in respect to the premises for which the permit is to be issued any violation of the city’s zoning ordinance, the city’s subdivision ordinance, or of any other ordinance of the city whether such violation was committed by the then owner of the premises or his or her predecessors or by anyone claiming under the owner or his or her predecessors. (Prior code § 4.10)

15.04.110 Conformance with zoning ordinance.

No building permit shall be issued which is inconsistent with the St. Helena zoning ordinance. (Prior code § 4.11)

15.04.120 Copies of codes.

The Building Official shall make available in the offices of the building division, for review by the general public, at least one copy of all uniform codes or state building standards adopted by Sections 15.08.010, 15.12.010, 15.16.010,

15.20.010, 15.24.010, 15.28.010, 15.32.010, 15.36.010, 15.53.010, and

15.54.010, as well as local amendments and any other state regulations relating to buildings or structures, building service equipment published in Titles 8, 19, 20, 24, and 25 of the California Code of Regulations. (Prior code § 4.12)

15.04.130 Specific findings for code amendments.

Each amendment to the California Building Standards Code, California Code of Regulations, Title 24, adopted by this title, is reasonably necessary because of the following determinations due to local climatic, geological, or topographic conditions pursuant to Health and Safety Code, Section 17958.5:

A. The city is characterized by a narrow valley floor surrounded and intermingled with steep hill terrain, containing areas which are very susceptible to wildland fires. Wildland fires are considered a significant threat in St. Helena. Native vegetation of brush, woodland, grassland and forest become extremely flammable during summer and remain so if drought conditions prevail during the winter months. Drought cycles appear in this area every seven to eleven (11) years.

B. Earthquake is considered to be one of the most potentially destructive threats to life and property in the city. A moderate to severe seismic incident on any of the several fault zones in relative close proximity to St.

Helena is expected to cause extensive property damage, disruptions to communications systems, and damage to public utility systems.

C. St. Helena is divided geographically into two parts by the north to south flow of the Napa River. Significant damaging flooding occurs in portions of the city approximately every five to ten (10) years. Warnings are usually given several hours to a few days before such floods. This natural barrier Agenda Item #12.1.

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can serve as a severe impediment to the delivery of public safety services in time of flood.

D. Several areas within the city offer poor access for the delivery of public safety services because of the severity of slopes, and the existence of natural barriers such as the Napa River, Sulphur Creek, and York Creek. (Prior code § 4.13)

15.04.140 Violations—Penalties.

Section 114.4, Violation Penalties, California Building Code Chapter 1, is amended to read as follows:

A. Generally. No person whether as owner, lessee, sub-lessee or occupant, shall erect, construct, enlarge, alter, repair, move, improve, remove, convert or demolish, equip, use, occupy, or maintain any building or structure in the city, or cause the same to be done, contrary to or in violation of any of the provisions of this title. Maintenance of equipment which was unlawful at the time it was installed and which would be unlawful under this title, shall constitute a continuing violation of this title.

B. Misdemeanor. Any person violating any of the provisions of this title shall be deemed guilty of a misdemeanor, and each such person is guilty of a separate offense for each day or portion thereof during which any violation of any of the provisions of this title is committed, continued, or permitted.

C. Consistent with Section 109.4 and 114.4, of the 20225 California Building Code, any person who violates a provision of this building code or fails to comply with any of the requirements thereof or who erects, constructs, alters or repairs a building or structure in violation of the approved construction documents or directive of the Building Official, or of a permit or certificate issued under the provisions of this building code, shall be subject to penalties as prescribed by law. An investigation fee, in addition to the permit fee, shall be collected whether or not a permit is then or subsequently issued. The investigation fee shall be at least equal to, and not to exceed three times the amount of the permit fee required by this code. The payment of such investigation fee shall not exempt any person from compliance with all other provisions of this building code nor from any penalty prescribed by law.

D. Authority to File. Where a public nuisance exists, the city may immediately commence action or actions, proceedings at law and in equity, for the abatement, removal and enjoinment thereof in the manner provided by law; and shall take such other steps and shall apply to such court or courts as may have jurisdiction to grant such relief as will abate and remove such public nuisance and restrain and enjoin any person from maintaining such nuisance. (Ord. 02-5 § 4 (part): prior code § 15.04.140) Agenda Item #12.1.

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Chapter 15.08

ADMINISTRATION OF THE CALIFORNIA

BUILDING STANDARDS CODE
Sections:

15.08.010 California Building Standards Code 20225 Chapter 1 Administration —Adopted.

15.08.020 California Building Standards Code 20225 Chapter 1 Administration—Amendments.

15.08.030 Section 116, California Building Standards Code 20225 Chapter 1, Unsafe Structures and Equipment.

15.08.040 Adoption of the International Property Maintenance Code, 2018 Edition, with Amendments—Adoption.

15.08.050 Amendments to the International Property Maintenance Code—Amendments.

15.08.060 Enforcement and Penalties.

15.08.010 California Building Standards Code 20225 Chapter 1 Administration —Adopted.

For the purpose of establishing proper regulations for the administration of the various codes covered in this building code, each of Chapter 1 of the California Building Code of the State of California, Chapter 1 of the Plumbing Code, Chapter 1 of the Mechanical Code, and Annex H of the Electrical Code, 20225 edition, is adopted in its entirety excepting additions, revisions and omissions listed in Section 15.08.020.

15.08.020 California Building Code 20225 Chapter 1 Administration— Amendments.

A. Section 105.2, Work Eexempt from Ppermit, California Building Code 20225 Chapter 1, items 1-5 only, is are amended to read as follows:

1. One-story residential detached accessory buildings used as tool and storage sheds, playhouses and similar uses, provided the floor area does not exceed 120 square feet, not over 12 feet in height, and the structure contains no plumbing, electrical, or heating systems or appliances. It is permissible that these structures still be regulated by Section 710A, despite exemption from permit.

2. Fences not over 6 feet (1829 mm) high.

3. Oil derricks (subject to approval of Napa County Environmental Management).

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4. Retaining walls that are not over 4 feet (1219 mm) in height measured from the bottom of the footing to the top of the wall, unless supporting a surcharge or impounding Class I,II,III A liquids.

5. Water tanks supported directly on grade if the capacity does not exceed 200 gallons.

B. Section 109.2, Schedule of Ppermit Ffees, California Building Code 20225 Chapter 1, is amended to read as follows:

On buildings, structures, electrical, gas, mechanical and plumbing systems or alterations requiring a permit, a fee for each permit shall be paid as required, in accordance with the schedule as established by the most current City Council fee resolution.

C. Section 109.6, Refunds, California Building Code 20225 is amended to read as follows:

The Building Official is authorized to establish a refund policy.

1. The Building Official may authorize refunding of the permit fee paid, less the hourly rate set forth by the most current City Council fee resolution, when no work has been done under a permit issued in accordance with this building code.

2. The Building Official may authorize refunding the plan review fee paid, less the hourly rate set forth by the most current City Council fee resolution, when an application for a permit for which a plan review fee has been paid is withdrawn or canceled before any examination time has been expended.

3. The Building Official shall not authorize the refunding of any fee paid except upon written application filed by the original permittee not later than one hundred eighty days after the date of fee payment.

15.08.040 Adoption of the International Property Maintenance Code, 2018 Edition—Adoption, with Amendments.

For the purpose of regulation and governing the conditions and maintenance for all property, buildings and structures; by providing the standard for supplied utilities and facilities and other physical conditions essential to ensure that structures are safe, sanitary and fit for occupation and use; that certain code known as the International Property Maintenance Code, 2018 Edition including Appendix A, as published by the International Code Council, hereinafter referred to as the “Property Maintenance Code,” save and except such portions as are hereinafter changed, added to or amended by Section 15.08.060 of this chapter.

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15.08.050 Amendments to the International Property Maintenance Code— Amendments,
The International Property Maintenance Code is amended to read as follows; A. Section 101.1 These regulations shall be known as the Property Maintenance Code of the City of St. Helena (hereinafter referred to as “the code”).

B. Section 102.7 Where the term “International Building Code” appears in this code, it shall mean the California Building Code as adopted by this jurisdiction with amendments. Where the term “International Fire Code appears, it shall mean the California Fire Code as adopted by the City Council with amendments. Where the term “International Existing Building Code” appears, it shall mean the California Existing Building Code as adopted by City Council with amendments. Where the term “International Fuel Gas Code” appears, it shall mean the California Plumbing Code as adopted by the City Council with amendments. Where the term “International Mechanical Code” appears, it shall mean the California Mechanical Code as adopt6ed by the City Council with amendments.

Where the term “International Plumbing Code” appears, it shall mean the California Plumbing Code as adopted by the City Council with amendments. Where the term” International Zoning Code” appears, it shall mean the St. Helena Municipal Code, Title 17
C. Section 103 is hereby deleted.

D. Section 104.3 is amended to add the following phrase to the end of the last sentence; “including the warrant provisions of Section 1822.50 et seq. of the Code of Civil Procedure of the State of California.” E. Section 106.2, 106.3, 106.4, and 106.5 are hereby deleted.

F. Section 107.1 Notice to person responsible. Whenever the Code Official determines that there has been a violation of this code or has grounds to believe that a violation has occurred, notice may be given in the manner prescribed in the St. Helena Municipal Code Section 1.12.

G. Sections 107.2, 107.3, 107.4, 107.5, and 107.6 are hereby deleted.

H. Section 108.3 Whenever the Code Official has condemned a structure or equipment under the provisions of this section, notice shall be posted in a conspicuous place in or about the structure affected by such notice and served on the owner or the person or persons responsible for the structure or equipment in accordance with Section 1.12 of the St. Helena Municipal Code. The notice shall be in the form prescribed in Section 1.12.150 of the St. Helena Municipal Code.

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I. Sections 109.2 Temporary safeguards. Notwithstanding other provisions of this code, whenever, in the opinion of the Code Official, there is imminent danger due to an unsafe condition, the Code Official may order the necessary work be to be done, including the boarding up of openings, to render such structure temporarily safe whether or not the legal procedure herein described has been instituted; and shall cause such other action to be taken as the Code Official deems necessary to meet such emergency.

J. Section 109.3 Closing streets. When necessary for public safety, the Code Official may temporarily close structures and close or order the authority having jurisdiction to close, sidewalks, streets, public ways and places adjacent to unsafe structures, and prohibit the same from being utilized.

K. Section 109.4 Emergency repairs. For the purposes of this section, the Code Official may employ the necessary labor and materials to perform the required work as expeditiously as possible.

L. Sections 109.5 and 109.6 are hereby deleted.

M. Sections 110.2 Notices and Orders. All notices and orders shall comply with the St. Helena Municipal Code Chapter 1.12.150.

N. Section 110.3 Failure to comply. If the owner of a premises fails to comply with a demolition order within the time prescribed, the Code Official may cause the structure to be demolished and removed, either through an available public agency or by contract or arrangement with private persons, and the cost of such demolition and removal shall be charged against the real estate upon which the structure is located and shall be in lien upon such real estate.

O. Section 111.2 is amended by adding the following sentence: Nothing contained in this section shall prevent the Mayor or City Council from appointing the Mayor and City Council as the Board of Appeals.

P. Section 112.4 Failure to comply. Any person who shall continue any work after having been served with a stop work order, except such work as that person is directed to perform to remove a violation or unsafe condition, shall be in violation of this code.

Q. Section 202 definition of CODE OFFICIAL. Where used in this code, the term Code Official shall refer to the Chief Building Official, and his or her designated agents or representatives.

R. Section 302.4 Weeds. All premises and exterior property shall be maintained free from weeds or plant growth in excess of 6 inches tall. All noxious weeds shall be prohibited. Weeds shall be defined as all grasses, Agenda Item #12.1.

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annual plants and vegetation, other than trees or shrubs, provided however, this term shall not include cultivated flowers and gardens.

S. Section 304.14 Insect Screens. Every door, window and other outside opening required for ventilation on habitable rooms, food preparation areas, food service areas, or any areas where products to be included or utilized in food for human consumption are processed, manufactured, packaged or stored shall be supplied with approved tightly fitting screens of not less than 16 mess per inch (16 mesh per 25 mm), and every screed door used for insect control shall have a self-closing device in good working condition. (The exceptions in the code are not amended.) T. Section 308.2.2 Refrigerator. Refrigerators and similar equipment not in operation shall not be discarded, abandoned or stored on premises without first removing the doors.

U. Section 308.3.1 Garbage facilities. The owner of every dwelling shall supply an approved leak proof, covered, outside garbage container and a recycling container. Every person maintaining or using any solid waste can or receptacle shall keep the same clean and sanitary.

V. Section 308.3.1.1. Within all residential districts in the city, no person shall use, locate or maintain (store) any solid waste can, garbage container or waste receptacle within the public right of way other than on the day of removal service. Containers shall be stored out of public view on non-service dates whenever practical; or stored nearest the main structure.

W. Section 602.3 Heat supply. Every owner and operator of any building who rents, leases or lets one or more dwelling units or sleeping units or terms, either expressed or implied, to furnish heat to the occupants thereof shall supply heat in order to maintain a temperature of not less than 68F (18C) during the period the spaces are occupies. (The exceptions in the code are not amended.)

15.08.0670 Enforcement and Penalties.

A. In addition to the enforcement powers and/or remedies provided in this chapter, the Chief Building Official shall have the power to enforce the provisions of this chapter as provided in Chapter 15.04.030.

B. The violations of the International Property Maintenance Code as adopted in this chapter are misdemeanors/infractions and are subject to the penalties set forth in Section 1.12 of the St. Helena Municipal Code.

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Chapter 15.12

CALIFORNIA BUILDING CODE ADOPTED
Sections:

15.12.010 California Building Code—Adopted.

15.12.020 California Building Code—Amendments.

15.12.040 Appendix J—Amendments.

15.12.010 California Building Code—Adopted.

The 20225 California Building Code, known as the California Code of Regulations, Title 24, Part 2 Volumes 1 and 2, Appendix I – Patio Covers, and Appendix J- Grading, Based on 20214 International Building Code, Published by the International Code Council, and the amendments set forth in section

15.12.020 is adopted.

15.12.020 California Building Code—Amendments.

Based upon the findings set forth in Section 15.04.130, the following sections and/or subsections of the 20225 California Building Code, are amended to read as follows:

A. Chapter 5, General Buildings Heights and Areas, Section 502.1, Address Identification, is amended to read as follows:.

Approved numbers or addresses shall be placed on all new and existing buildings in such a position as to be plainly visible and legible from the street or road fronting the property. Numbers shall contrast with their background and shall not be less than 4" in height. House numbers shall not be obstructed by vegetation. Any building located more than 50 feet from the street shall have its address posted at the driveway entrance and shall be visible from both directions of travel along the road. In new construction, the address shall be posted at the beginning of construction and shall be maintained thereafter, and the address shall be visible and legible from the road on which the address is located.

Where multiple addresses are required at a single driveway, they shall be mounted on a single post, and additional signs shall be posted at locations where driveways divide.

Where a roadway provides access solely to a single commercial or industrial business, the address sign shall be placed at the nearest road intersection providing access to that site.

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B. Chapter 31, Special Construction, Section 3109.2, California Swimming Pool Safety Act (statewide), is amended to read as follows:Enclosures and Safety Devices, Barrier Height and Clearances:

The top of the barrier shall be at least 60 inches above grade measured on the side of the barrier that faces away from the swimming pool. The maximum vertical clearance between grade and the bottom of the barrier shall be 2 inches measured on the side of the barrier that faces away from the swimming pool.

Where the top of the pool structure is above grade, the barrier is authorized to be at ground level or mounted on top of the pool structure, and the maximum vertical clearance between the top of the pool structure and the bottom of the barrier shall be 4 inches.

15.12.040 Appendix J—Amendments. Amended
Appendix J, Grading, is adopted in its entirety with the following amendmentsamended as follows:

A. Where the term “building official” is used in this appendix, change to “City Engineer.”
B. Section J103.1, Permits Rrequired, is amended to read as follows:.

Except as exempted in Section J103.2, no grading shall be performed without first having obtained a permit therefore from the Building Official with approval from the City Engineer for minor grading activities which do not require a grading permit. A grading permit issued by the City Engineer is required for any one of the following:

1. Grading of more than 50 cy of material (includes pools);

2. Disturbance of an area or more than 10,000 sq ft;

3. Cut or fill more than three feet;

4. Alter or add any drainage facilities or courses
C. Section J103.2, Exemptions, is amended to read as follows:.

Except as stated in J103.1 above, a grading permit shall not be required for the following:

1. Cemetery graves.

2. Refuse disposal sites controlled by other regulations.

3. Excavations for wells, or trenches for utilities.

4. Mining, quarrying, excavating, processing or stockpiling rock, sand, gravel, aggregate or clay controlled by other regulations, provided such operations do not affect the lateral support of, or significantly increase stresses in, soil on adjoining properties

5. Exploratory excavations performed under the direction of a registered design professional.

D. Section J106.1, Maximum Slope, is deletedamended to read as follows:..

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The slope of cut surfaces shall not be steeper than is safe for the intended use, and shall not be more than one unit vertical in two units horizontal (50-percent slope unless the owner or the owner’s authorized agent furnishes a geotechnical report justifying a steeper slope.

Repeal exceptions.

E. Section J108.3 Slope Protection, is amended to read as follows:

Change “approved by the building official” to “approved by the City Engineer”.

Where required to protect adjacent properties at the toe of a slope from adverse effects of the grading, additional protection, approved by the City Engineer, shall be included. Examples of such protection include but are not limited to:

1. Setbacks greater than those required by Figure J108.1.

2. Provisions for retaining walls or similar construction.

3. Erosion protection of the fill slopes.

4. Provision for the control of surface waters.

EF. Section J109.1 Drainage and Terracing, General, is amended to read as follows:

Unless otherwise recommended by a registered design professional, drainage facilities and terracing shall be provided in accordance with requirements of this section and the latest state and local storm water quality requirements and ordinances.”
Repeal exceptions.

G. Section J109.3, Interceptor Ddrains, is amended to read as follows:

Interceptor drains shall be installed along the top of cut slopes receiving drainage from a tributary width greater than 40 feet (12 192 mm), measured horizontally. They shall have a minimum depth of 1 foot (305 mm) and a minimum width of 3 feet (915 mm). The slope shall be approved by the City Engineer, but shall not be less than 50 horizontal to 1 vertical (2 percent). The drain shall be paved with concrete not less than 3 inches (76 mm) in thickness, or by other materials suitable to the application. Discharge from the drain shall be accomplished in a manner to prevent erosion and shall be approved by the City Engineer.

H. Section J109.4, Drainage Aacross Pproperty Llines, is amended to read as follows:

Drainage across property lines shall not exceed that by volume and flow that existed prior to grading. Excess or concentrated drainage shall be contained on site or directed to an approved drainage facility. Erosion of the ground in the area of discharge shall be prevented by installation of non-erosive down drains or other devices such as infiltrator and dissipater Agenda Item #12.1.

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basins, riprap or cobble surrounds, and gravel or rock infiltration trenches/pits.

I. Section J110.1, General, is amended to read as follows:

The faces of cut and fill slopes shall be prepared and maintained to control erosion.

Erosion control for the slopes shall be installed as soon as practicable and prior to calling for final inspection.

Repeal exceptions.

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Chapter 15.16

CALIFORNIA MECHANICAL CODE ADOPTED
Sections:

15.16.010 California Mechanical Code— Adopted.

15.16.010 California Mechanical Code—Adopted.

The 20225 Edition of the California Building Standards Code, known as the California Code of Regulations, Title 24, Part 4, incorporating the Uniform Mechanical Code, 20214 Edition, published by the International Association of Plumbing and Mechanical Officials, is hereby adopted including all appendices, and without amendments.

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Chapter 15.18

CALIFORNIA ENERGY CODE ADOPTED
Sections:

15.18.010 California Energy Code—Adopted.

15.18.010 California Energy Code — Adopted.

The 20225 Building Energy Efficiency Standards, comprising Title 24, Parts 1 and 6, of the California Code of Regulations, is mandatory statewide. Local government agencies may adopt and enforce energy efficiency standards for newly constructed buildings, additions, alterations, and repairs provided the California Energy Commission finds that the standards will require buildings to consume no more energy than permitted by Title 24, Part 6. Such local standards may include adopting the requirements of Title 24, Part 6 before their effective date, requiring additional energy conservation measures, or setting stricter energy budgets.

The 2025 Edition of the California Building Standards Code, known as the California Code of Regulations, Title 24, Part 6, published by the International Code Council, is hereby adopted including all appendices, and without amendments.

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Chapter 15.20

CALIFORNIA PLUMBING CODE ADOPTED
Sections:

15.20.010 California Plumbing Code— Adopted.

15.20.010 California Plumbing Code—Adopted.

The 20225 Edition of the California Building Standards Code, known as the California Code of Regulations, Title 24, Part 5, incorporating the Uniform Plumbing Code, 20214 Edition, published by the International Association of Plumbing and Mechanical Officials, with amendments set forth in section

15.20.020, including Appendices, (A),(B),(D), (G) and (L), is hereby adopted and without amendments.

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Chapter 15.24

CALIFORNIA ELECTRICAL CODE ADOPTED
Sections:

15.24.010 California Electrical Code— - Adopted.

15.24.020 California Electrical Code— - Amendments.

15.24.010 California Electrical Code— – Adopted.

The 20225 Edition of the California Building Standards Code, known as the California Code of Regulations, Title 24, Part 3, incorporating the National Electrical Code, 20203 Edition, published by the National Fire Protection Association and Annex H of the Electrical Code, with amendments set forth in section 15.24.020, is hereby adopted.

15.24.20 California Electrical Code— - Amendments.

A. Article 230 Services, Section 230.70(A)(1), Readily Accessible Location, is amended to read as follows:

Electrical disconnecting equipment in structures served by a remote or detached electrical service shall be readily accessible to fire fighting personnel. The disconnecting equipment shall be installed on the exterior of the building and identified for fire fighting personnel.

C. Section 702.5, Transfer Equipment. Section 702.5, Transfer Equipment is amended to read as follows:

Connection to premises wiring for buildings or well-pumps served by commercial power shall be made by means of a manual or automatic transfer switch. The transfer switch shall be listed and labeled to UL 1008, and shall comply with the provisions of this code, and Section 1204 of the California Fire Code. Interlock kits of any type shall be prohibited as a means of preventing inadvertent interconnection of normal and alternate power sources.

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Chapter 15.28

CALIFORNIA RESIDENTIAL CODE ADOPTED
Sections:

15.28.010 California Residential Code— Adopted.

15.28.020 California Residential Code Adopted —Amendments.

15.28.010 California Residential Code—Adopted
The 20225 Edition of the California Building Standards Code, known as the California Code of Regulations, Title 24, Part 2.5, incorporating the International Residential Code, 20214 Edition, is hereby adopted including all appendices, and with amendments set forth in Section 15.28.020.

15.28.020 California Residential Code Adopted —Amendments.

A. Section R309.2, One and Ttwo-Ffamily Ddwellings Aautomatic Ssprinkler Ssystems, is amended to read as follows:

An automatic sprinkler system shall be installed in one- and two-family dwellings, and qualified additions and remodels as prescribed in Section 903.2 of the 2025 California Fire Code., and by repealing exception 1.

Exceptions

1. An automatic sprinkler system shall not be required for Accessory Dwelling Unit, provided that all of the following are met:
a. The unit meets the definition of an Accessory Dwelling Unit as defined in the Government Code Section 64852.2.
b. The existing primary residence does not have automatic fire sprinklers.
c. The accessory dwelling unit does not exceed 1,200 square feet in size.
d. The unit is on the same lot as the primary residence.

Section R313.1, Maximum Height, is amended by addingto read as follows:;
Habitable space, hallways and portions of basements containing these spaces shall have a ceiling height of not less than 7 feet (2134 mm).

Bathrooms, toilet rooms and laundry rooms shall have a ceiling height of not less than 6 feet 8 inches (2032 mm). “aAnd qualified additions and remodels as prescribed in the amended section 903.2 of the 2025 CFC”. and by repealing the exception.

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Section R313.2 is amended by adding; “and qualified additions and remodels as prescribed in the amended section 903.2 of the 2025 CFC” and by repealing the exception.

Section R337.1.3.1 is amended by adding “land designated by cities and other local agencies including”:

2.1 Moderate Fire Hazard Severity Zones

2.2 High Fire Hazard Severity Zones

2.3 Very high Fire hazard Severity Zones
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Chapter 15.32

CALIFORNIA EXISTING BUILDING CODE
Sections:

15.32.010 California Existing Building Code—Adopted.

15.32.020 California Existing Building Code—Amendments.

15.32.010 California Existing Building Code—Adopted.

The 20225 edition of the California Existing Building Standards Code, known as the California Code of Regulations, Title 24, Part 10, incorporating the 20214 International Existing Building Code, published by the International Code Council, with amendments set forth in section 15.32.020 is adopted.

15.32.020 California Existing Building Code —Amendments.

Based upon the findings set forth in Section 15.04.130, Chapter A1, Seismic Strengthening Provisions for Unreinforced Masonry Bearing Wall Buildings, Section A106 Materials Requirements, A106.2.3.5 Number of tests, is amended to read as follows:

A. The minimum number of tests per class for brick or hollow clay tile masonry walls shall be as follows:

1. At each of both the first and top stories, not less than two tests per wall or line of wall elements providing a common line of resistance to lateral forces.

2. At each of all other stories, not less thant one test per wall or line of wall elements providing a common line of resistance to lateral forces.

3. In any case, not less than one test per 1,500 square feet of wall surface and not less than a total of eight tests.

B. The minimum number of tests for stone masonry walls shall be as follows:

1. One test per wall per story, except that storefront walls not used to resist lateral forces, need not be tested.

2. Not less than one test per 2,500 square feet (232.3m2) of wall surface.

Part 10, Chapter 14 Relocated or Moved Buildings
A. Section 1401.3, Moved Structures, is amended added to read as follows to include:

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Buildings, structures and their building service equipment moved into or within this jurisdiction shall comply with the provisions of the technical codes for new building or structures and their building service equipment.

A. Permits required. Before any building or structure is moved on or along any street within the city, a permit shall first be obtained from the Building Official for such moving. The permit application shall describe the streets and route over which the building will travel, the location of final installation if within the city, and the hours during which building will be moved. The Building Official will collect a fee of one hundred dollars ($100.00) for required investigations and inspections. This fee shall be separate from any construction permit related fees.

B. Prior to issuance of permit, the applicant shall obtain an encroachment permit from the city engineer. The Building Official shall notify all affected city officials and, in the event that any such officials object to route or time of travel, changes shall be made to meet such objections.

C. Bond Required. In addition to all other requirements of the building code relating to the moving of buildings and structures, no permit for such moving shall be issued until the applicant shall have filed with the Building Official a corporate surety bond in favor of the city or a cash deposit in lieu of such bond. The bond shall be conditioned that the applicant will strictly comply with all provisions of the Building Code relating to the moving of buildings and structures and that the applicant will pay for any and all damage which may result by reason of such moving to any fence, hedge, tree, pavement of streets or sidewalks, pipes, poles and wires, or to any public or private property, and to hold harmless the city against any costs or expense which may accrue in consequence of such moving. The bond shall be in such amount as determined by the Building Official and approved by the city attorney, but in no case less than one thousand dollars ($1,000.00). At the option of the applicant, a cash deposit in the same amount may be deposited with the city treasurer.

D. Time limited during which building may be left standing on one city block. No person owning, or having charge of the removal of, any building being moved over any street shall permit such building to be, or stand, on any street within the limits of one block for a period of more than twenty-four hours.

E. Moving buildings—Prevention of injury to street or property. No person owning or having charge of the moving of any building or structure over any street shall allow or cause injury to any fence, hedge, tree, pavement, sidewalk, gas pipe, water pipe, sewer pipe, electric wires or the poles supporting them, or any other public or private property by reason of such removal.

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Appendix A, Seismic Strengthening Provisions for Unreinforced Masonry Bearing Wall Buildings, is adopted in its entirety with the following amendments:

A. Section A106.2.3.5, Number of Tests, is amended to read as follows:

A. The minimum number of tests per class for brick or hollow clay tile masonry walls shall be as follows:

1. At each of both the first and top stories, not less than two tests per wall or line of wall elements providing a common line of resistance to lateral forces.

2. At each of all other stories, not less than one test per wall or line of wall elements providing a common line of resistance to lateral forces.

3. In any case, not less than one test per 1,500 square feet of wall surface and not less than a total of eight tests.

B. The minimum number of tests for stone masonry walls shall be as follows:

1. One test per wall per story, except that storefront walls not used to resist lateral forces, need not be tested.

2. Not less than one test per 2,500 square feet (232.3m2) of wall surface.

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Chapter 15.40

RETROFITTING OF UNREINFORCED MASONRY

BUILDINGS
Sections:

15.40.010 Short title.

15.40.020 Purpose.

15.40.030 Scope.

15.40.040 Authority.

15.40.050 Definitions.

15.40.060 Future retrofitting legislation.

15.40.070 Change of occupancy.

15.40.080 Addition, alteration or repair.

15.40.090 Penalties for noncompliance.

15.40.100 Appeals process.

15.40.110 Recovery of penalties.

15.40.120 Remedies.

15.40.010 Short title.

This chapter shall be known as the “unreinforced masonry building (URM) ordinance.” (Prior code § 4B.1)

15.40.020 Purpose.

It is generally acknowledged that the city will experience earthquakes in the future due to its proximity to the Rodgers Creek, Hayward and San Andreas faults, and may reasonably be expected to experience moderate to severe ground shaking during a significant earthquake. Such ground shaking may result in serious injury or death or impaired economic value due to damage or collapse of buildings in St. Helena. Buildings constructed of unreinforced masonry have been widely recognized for experiencing life safety hazardous damage including partial or total collapse during moderate to strong earthquakes. The purpose of this chapter is to provide alternative construction regulations designed to reduce the risk of death or injury resulting from earthquake hazards in existing unreinforced masonry buildings in a timely and economically feasible manner while preserving the historic character of the community. (Prior code § 4B.2)

15.40.030 Scope.

The provisions of this chapter contain procedures for the systematic review and reconstruction of all existing unreinforced masonry buildings within the city to improve their safety during an earthquake. This chapter does not require alteration of existing electrical, plumbing or mechanical systems unless the conditions or defects endanger the life, health, property or safety of the public or the building’s occupants. Access for the physically disabled shall be provided to the extent required by the latest edition of the California Building Code and/or the Agenda Item #12.1.

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State Historical Building Code. The requirements of this chapter shall apply to all buildings or portions of buildings constructed with unreinforced masonry walls with the following exceptions:

A. A building which has been seismically retrofitted since 1980, which complies with the strengthening standards in effect at the time as determined by the Building Official;
B. A detached group R division 3 occupancy or a detached group R division 1 occupancy having four living units or fewer;
C. Accessory buildings serving group R division 3 occupancies or accessory buildings serving group R division 1 occupancies having four living units or fewer;
D. Public schools;
E. Hospitals; or
F. State or federally owned buildings.
(Prior code § 4B.3)

15.40.040 Authority.

A. The Building Official or designee is authorized and directed to enforce all provisions of this chapter.

B. Unless otherwise noted, the provisions of the current code shall apply; however, this chapter shall not preclude the enforcement of any federal, state or other local codes, laws or ordinances.

C. The Building Official shall have the power to render interpretations of this chapter and to adopt and enforce rules and regulations supplemental to this chapter as he or she may deem necessary in order to clarify the application of the provisions of this chapter. Such interpretations, rules and regulations shall be in conformity with the intent and purpose of this chapter. (Prior code § 4B.4)

15.40.050 Definitions.

For the purposes of this chapter, certain words, phrases, terms and their derivatives shall be construed as specified in this section. Words, phrases, and terms that are used in this chapter, but not specifically defined, shall have the meanings set forth in the applicable local, state or federal code, if appropriate.

Other such words, phrases and terms shall be accorded their ordinary meanings.

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“Architect” means a person who is licensed to practice architecture in this state.
“Architectural and engineering fees” means all design and analysis costs, not repair costs.
“Building,” for the purpose of determining occupant load, means any contiguous or interconnected structure; for purposes of engineering evaluation, shall mean the entire structure or portion thereof which will respond to seismic forces as a unit.
“Current code” or current “CBC” means the current edition of the California State Building Code, as amended from time to time and as amended by the city. “Current California Existing Building Code” or “current CEBC” means the seismic provision for unreinforced masonry bearing wall buildings in the current edition of the International Existing Building Code as adopted and amended by the city.
“Engineer” means any professional, civil or structural engineer who is licensed to practice engineering in this state.
“Owner” means any individual or group of individuals or firm or any other entity holding legal or equitable title to the real property.
“Prevailing code” means the “regular building regulations” as that term is used in the California Health and Safety Code, which govern the design and construction of non-historical buildings within the city. “Qualified historical building” means any building, structure or collection of structures deemed of importance to the history, architecture, or culture of an area by an appropriate local, state, or federal governmental jurisdiction. This shall include structures on existing or future national, state or local historical registers or official inventories of historical or architecturally significant sites, places, historic districts, or landmarks.
“Unreinforced masonry building” or “URM building” means any building or structure containing one or more walls constructed wholly or partly with unreinforced masonry walls.
“Unreinforced masonry wall” or “URM wall” means a masonry wall in which the area of reinforcing steel is less than twenty-five percent (25%) of the minimum steel ratios required by the current CEBC for reinforced masonry. “Upgrading” means all work necessary to comply with the requirements of this chapter.
“Valuation” means the total value of all construction work determined in accordance with prevailing code, except structural and fire upgrading work required by this chapter, for which a building permit is issued as well as finish work, roofing, mechanical systems, elevators, disabled access, and any other permanent equipment. (Ord. 02-5 § 5 (part); prior code § 4B.5)

15.40.060 Future retrofitting legislation.

No URM building which has been seismically retrofitted to the standards required in this chapter shall, within a period of fifteen (15) years after completion of the work required for such retrofit, or such other period as the state may from time to time adopt, be identified as a “seismic hazard to life” pursuant to any other seismic mitigation building standard adopted by the city, unless: (a) such building Agenda Item #12.1.

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no longer meets the structural upgrade standards under which it was retrofitted; or (b) the occupancy classification for such building is changed. (Prior code § 4B.7)

15.40.070 Change of occupancy.

A URM building shall be retrofitted to the applicable standard upon a change of occupancy as defined in the current CBC, if the Building Official determines that the change will create an increased occupancy load or a hazardous condition. (Prior code § 4B.8)

15.40.080 Addition, alteration or repair.

A. Whenever addition, alteration or repair work to a URM building involves any one of the following conditions, the building shall be upgraded to comply with the applicable retrofit standards prior to the approval of the addition, alteration, or repair work:

1. The total cost for all addition, alteration and repair work exceeds fifty percent (50%) of the total replacement cost of the existing building.

The valuation of the work and the replacement cost of the existing building shall be determined by the Building Official.

2. Dead and live vertical or horizontal loading is increased by five percent on the affected supporting elements of the roof or floor of a building.

3. More than fifty percent (50%) of the total floor areas of the building is involved in substantial structural alteration as determined by the Building Official.

4. The cumulative area of additions, excluding basement additions, exceeds thirty percent (30%) of the existing total floor area of the building excluding basement.

B. Addition, alteration or repair work shall mean the cumulative addition, alteration or repair work performed on the building within any four year period.

C. When the owner believes the Building Official has made an error in his or her application of this section, the owner may appeal the determination to the building conservation appeals board in accordance with Section

15.40.110 of this chapter. (Prior code § 4B.9)

15.40.090 Penalties for noncompliance.

A. It is unlawful for the owner of a potentially hazardous URM building subject to this chapter to fail to comply with the provisions of this chapter.

After written notification thereof from the city to the owner, each owner who fails to complete the building upgrades required by this chapter r, for such building shall, in addition to any other penalty or remedy which may be assessed pursuant to this chapter or other applicable law, be guilty of an infraction. Each day or portion thereof during which any violation of any Agenda Item #12.1.

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of the provisions of this chapter is committed, continued, or permitted shall be a separate offense. This penalty shall attach the day following the last day of the period during which the owner is to complete the upgrades. The maximum penalty under this subsection shall be ten thousand dollars ($10,000.00) per building.

B. In addition to the penalty authorized by subsection (A) of this section, the Building Official may take the following actions in the event of any failure to comply with the requirements of this chapter within the specified time period:

1. Notify all parties with a financial interest in the property (such as mortgage lenders, lienholders, insurance bearers) and the tenants that the building is a hazardous URM building and is in violation of this chapter;

2. File a statement with the county recorder’s office describing the potential hazards of the building and the violations of this chapter.

Upon correction of the violation of this chapter the Building Official will file a release of any order of unreinforced masonry building hazard mitigation that may have been recorded;

3. Post a sign on the building to designate it as a hazardous URM building. The signs shall be located at well-lighted locations, readily visible by the occupants and public when entering the building and shall be protected from damage. Location, form and content of the sign is subject to the Building Official’s approval. The building owner shall be responsible for installing and maintaining the signs and immediately replacing them, at the owner’s expense, as necessary.

When the owner corrects all violations of this chapter to the satisfaction of the Building Official, the posting of the building required by this section shall be removed. However, if the owner violates any aspect of this chapter after the posting has been removed, the Building Official will repost the building immediately;

4. The city council may cause any building not abated within the time limits set forth herein, to be vacated, strengthened, repaired, rehabilitated, remodeled, demolished or upgraded in accordance with the provisions of this chapter and place a lien on the property for all costs incurred.

C. The owner may appeal any action or penalty for noncompliance in accordance with Section 15.40.110 of this chapter. (Ord. 02-5 § 5 (part); prior code § 4B.10)

15.40.100 Appeals process.

A. Exemption from URM Program. If the owner believes that his or her building is not a potentially hazardous URM building or is otherwise exempted from the provisions of this chapter, the owner shall submit evidence, such as original drawings or test results, to substantiate the Agenda Item #12.1.

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claim. The Building Official will review the evidence submitted by the owner and will remove the building from the city’s list of potentially hazardous URM buildings if the Building Official determines that the building is exempted or in compliance with this chapter. Any decision of the Building Official pursuant to this subsection may be appealed first to the building conservation appeals board and finally to the city council, in accordance with the procedures set forth in this section.

B. Appeal of Addition, Alterations, or Repair. When the owner believes the Building Official made an error in his or her determination regarding additions, alterations or repairs, the owner may appeal the determination to the building conservation appeals board. Such appeal shall be made within thirty (30) days after the date of the Building Official’s written decision.

1. Such appeal shall be made in the form specified by this section and be filed with the Building Official. The appeal shall state specifically the alleged error or abuse of discretion by the Building Official. The appeal will be heard by the building conservation appeals board within thirty (30) days of the date of receipt of the appeal by the city. Not less than seven days prior to the hearing date, the Building Official shall give notice to the appellant of the date, time and place of the hearing. The board shall be authorized to continue the hearing from time to time.

In considering the appeal, the board shall determine whether, based upon the record, the Building Official erred or abused his or her discretion. Error or abuse of discretion is shown if it is established that the Building Official failed to follow the provisions of this chapter.

2. The decision of the board shall be in writing and a copy of the board’s decision shall be mailed or otherwise delivered to the appellant by the Building Official within seven days of the date of the board’s decision.

The applicant may appeal the board’s decision to the city council in the form specified by this section. The appeal shall be made to the city clerk within thirty (30) days of the date of receipt of the board’s final action notice.

C. Appeal of Noncompliance Penalties and Actions. Any decision by the Building Official to impose penalties or take actions in the event of any failure to comply with the requirements of this chapter may be appealed by the owner or the owner’s agent to the city council. Any such appeal shall be made within thirty (30) days of the date of the Building Official’s mailing of notification. The appeal shall be made on a form approved by the Building Official and shall state specifically how the Building Official has either committed an error or has abused his or her discretion. In considering the appeal, the council shall determine whether, based upon the record, the Building Official erred or abused his or her discretion. The decision of the council shall be in writing and shall be final. Revocation of a certificate of occupancy, if appealed, will not become effective until the decision of the council is final and in writing.

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D. Written Appeal Required. The written appeal and filing fee shall be submitted to the city clerk. The written appeal shall contain the following:

1. The names of the appellants;

2. A brief statement setting forth the legal interest of each of the appellants in the land and/or building involved;

3. A brief statement in ordinary and concise language of the specific order or action protested, together with any material facts claimed to support the contentions of the appellants;

4. A brief statement in ordinary and concise language of the relief sought and the reasons why it is claimed the protested order or action should be reversed, modified or otherwise set aside;

5. The submittal of any documents, sworn statements or other written material claimed to have value on the contentions made in support of the appeal;

6. The signatures of all parties named as appellants and their mailing addresses;

7. The verification (by declaration under penalty of perjury) of at least one appellant as to the truth of the matters stated in the appeal. (Prior code § 4B.11)

15.40.110 Recovery of penalties.

A. The penalties imposed on the building owner shall be assessed against the real property subject to this chapter and shall, in addition, be an obligation of the owner of the subject property. If the owner of a building is a group of individuals, firms, or other entities or any combination thereof, the obligation imposed by this section shall be joint and several. The Building Official shall give the owner of the building a written notice showing the amount of the penalty and requesting payment thereof. If the amount of such penalty is not paid to city within thirty (30) days after the date of such notice, the Building Official shall forward a report of the penalties to the city council for confirmation.

B. The property owner shall be given at least fifteen (15) days’ written notice of the confirmation hearing before the city council. The amount of the penalties shall be confirmed by the city council, unless the city council finds, based upon evidence in the record, that the Building Official erred in imposing or in computing the amount of the penalty. If such error is found, the city council may modify the amount of the penalty, as warranted.

C. Upon confirmation of the penalty, the city council shall direct the Building Official to record in the office of the county recorder, a certificate substantially in the following form:

NOTICE OF SPECIAL ASSESSMENT LIEN
Pursuant to Section 15.40.100, of the St. Helena Municipal Code, the penalty of $ _____ was assessed by the Building Official, and confirmed by the St. Helena City Council, against the described real property and such amount has not been paid, in full, and the City of St. Helena does hereby claim a special assessment lien upon the hereinafter described real property in said amount; the same shall be a lien upon the real Agenda Item #12.1.

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property until such sum has been paid in full. The real property herein above mentioned and upon which a lien is claimed is that certain parcel of land lying and being in the City of St. Helena, County of Napa, State of California and particularly described as follows, to wit:
(Insert description of property)
Dated _______________
___________________________
Building Official
Such lien attaches upon recordation of the notice of special assessment lien.

The description of the parcel in the notice of lien shall be that used for the same parcel as the county assessor’s map book for the current year. The county assessor shall enter each assessment on the county tax roll opposite the affected parcel of land. The amount of the assessment shall be collected and shall be subject to the same penalties and the same procedures for foreclosure and sale, in case of delinquencies, as provided for ordinary municipal taxes. (Prior code § 4B.12)

15.40.120 Remedies.

In addition to the penalties in Section 15.40.100 of this chapter, the following remedies are available to the city and may be imposed independently or in combination with each other at the sole discretion of the Building Official, unless otherwise noted herein:

A. Maintenance of a URM building beyond the time specified in Section

15.40.060(E) of this chapter for completion of upgrades to such building is declared a public nuisance.

B. The city may seek injunctive relief on behalf of the public to enjoin a building owner’s violation of this chapter.

C. The city may withhold the issuance of any building permit and/or may suspend the existing building permits on the subject building unless otherwise authorized by the Building Official for emergency repairs.

D. The Building Official, after written notice to the owner, may revoke or suspend the occupancy permit for any structure for which the owner violates any of the provisions of this chapter. The notice of revocation or suspension shall provide the owner the right to provide the Building Official with evidence that the occupancy permit should not be revoked or suspended either because the structure is not subject to the provisions of this chapter or because the Building Official did not follow the provisions of this chapter.

E. Any person violating any provision of this chapter shall be guilty of an infraction.

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F. These remedies are not exclusive and the city may utilize any other remedies available at law or equity. (Prior code § 4B.13) Agenda Item #12.1.

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Chapter 15.44

BUILDING NUMBERING SYSTEM
Sections:

15.44.010 Plan generally—Odd and even numbers.

15.44.020 Method of assignment of numbers.

15.44.030 Use of numbers consecutively.

15.44.040 Record of numbers assigned.

15.44.050 Duty of property owners to provide and affix numbers.

15.44.060 Size of number—Where numbers are to be placed.

15.44.010 Plan generally—Odd and even numbers.

All buildings fronting on streets in the city shall be numbered in accordance with the following system:

A. The base or initial point on all streets running in a northwesterly and southeasterly course shall be the southeastern boundary line of the city running from Napa River to Crane Avenue, and the line projected northeasterly and southwesterly, and all such streets which run in a northwesterly direction from such base or initial point, shall be numbered from such base or initial point, and all streets which run in a northwesterly direction, but do not run from such base or initial point shall be theoretically projected southeasterly to such base or initial point and shall be numbered as if the same actually ran from such base, and in all such streets the odd numbers shall be placed on the southerly side of the street, and even numbers on the northerly side, opposite the next preceding odd numbers.

B. The base or initial point on all streets running in a northeasterly and southwesterly course shall be a line drawn at right angles to the aforesaid southeasterly boundary line of the city and intersecting the last-mentioned line at a point where it intersects the southern bank of Napa River, and all streets running in a southwesterly direction shall be theoretically projected northeasterly to such base or initial point and shall be numbered as if the same actually ran from such base or initial point, and on all such streets, the odd numbers shall be placed on the westerly side of the street and the even numbers on the easterly side, opposite the next preceding odd number. (Prior code § 13.36)

15.44.020 Method of assignment of numbers.

The lots shall be numbered starting from the southeasterly or northeasterly end of the block and the numbers shall be computed in the following manner: The number of lineal feet of property line in each block shall be divided by six and one number shall be appropriated to the space resulting from such division as the case may be. (Prior code § 13.37)
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15.44.030 Use of numbers consecutively.

Numbering of buildings shall be consecutively in the following manner:

Beginning the numbering for each street with the first block, at such base or initial point, allotting one hundred (100) numbers, or as many to each block as shall be required and using the numbers from one to one hundred (100), inclusive, in the first block, the numbers one hundred (100) and one to two hundred (200), inclusive, in the next block, and so on consecutively from such base or initial point the whole length of the street. (Prior code § 13.38)

15.44.040 Record of numbers assigned.

The superintendent of streets shall number the streets and shall keep complete records, plots and diagrams thereof, in his or her office, and shall inform, on request, the owners or occupants of each house to be numbered, of the numbers to be placed on the house by the owner or occupant. (Prior code § 13.39)

15.44.050 Duty of property owners to provide and affix numbers.

It shall be the duty of every person owning, occupying or controlling any building or store fronting on a public street or avenue in the city to number the same, or cause the same to be numbered correctly and in accordance with this chapter, and it shall be the duty of any person owning, occupying or controlling any building hereafter erected within the city to do so number the same within one month after its completion or occupancy, and it is unlawful for such owner or occupant to fail, neglect or refuse to do so. (Prior code § 13.40)

15.44.060 Size of number—Where numbers are to be placed.

The regulation number to be used in numbering buildings in the city shall be consistent with section 15.12.020 A. Numbers shall be placed upon some conspicuous place on the front of such building. (Prior code § 13.41) Agenda Item #12.1.

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Chapter 15.48

TRAILERS AND TRAILER CAMPS
Sections:

15.48.010 Definitions.

15.48.020 State law as to trailer camps adopted.

15.48.030 Trailers to be kept in approved camps—Exceptions when temporary permits are issued.

15.48.040 Application for temporary permits.

15.48.050 Temporary permit fees.

15.48.060 When trailers to be parked in parking spaces.

15.48.070 Unlawful locations.

15.48.010 Definitions.

For the purposes of this chapter, the following words and phrases shall have the meanings respectively ascribed to them by this section:
“Approved trailer camps or farm labor camps” means any places, areas or tracts offered to the public for accommodation of any trailer and approved by the city health inspector as conforming to state and county law. “Trailer” means any unit designed to be used for living or sleeping purposes, or both, and which is or was at some time equipped with wheels or similar devices for the purpose of transporting such unit from place to place, whether by motive power or other means. (Prior code § 16.1)

15.48.020 State law as to trailer camps adopted.

All of the provisions of the state law applicable to health, sanitation and safety of trailer camps or farm labor camps are adopted and made a part of this chapter as though fully set forth herein. (Prior code § 16.2)

15.48.030 Trailers to be kept in approved camps—Exceptions when temporary permits are issued.

All trailers when occupied or used for living or sleeping purposes shall be kept within approved trailer camps or farm labor camps, except when a temporary permit is issued by the Building Departmentas provided for in Section 17.136.090(C) for habitation on a temporary basis for a dwelling or overnight sleeping by the Building Official. The permit shall state the name of the owner of the vehicle, state the number of the occupants of the vehicle, include the signature and address of the owner of the property where the vehicle will be parked and the dates of the visit. One copy of the permit shall be provided to the police department, and one copy shall be displayed on the vehicle so that it is visible from the public right-of-way. Only one permit per property shall be in effect at a time and no more than two permits shall be issued to a property owner within a twelve (12) month period.
a. A permit may authorize the habitation of a self-contained recreational vehicle or recreational trailer on residential property for periods not to exceed Agenda Item #12.1.

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fourteen (14) days, provided that the vehicle is parked on the residential driveway and no portion of the vehicle overhangs the public sidewalk or public right-ofway. The vehicle used for habitation shall not be parked adjacent to the main residential unit on the adjacent property unless authorization from the adjacent property owner is provided at the time the permit is requested from the Building Official .
b. A permit may authorize
habitation of a self-contained recreational vehicle or recreational trailer on the public street fronting the parcel on which the permit is requested for periods not to exceed five days, provided that the vehicle does not block access to residential driveway nor extend into the street frontage of adjacent parcels. No hookups for water or utilities are allowed to a vehicle located on the public street and no furniture associated with the recreational vehicle shall be located outside the vehicle within the public right-of-way.
c. A permit may be authorized for the parking and habitation of a recreational vehicle or recreational trailer on land upon which the occupant is constructing a residence or remodeling a residence for a period not to exceed six months. The permit may be extended for a period of one additional six-month period if the construction is not completed.

15.48.040 Application for temporary permits.

Application for a temporary permit shall be made within forty-eight (48) hours from the time such trailer is located upon the property. (Prior code § 16.4)

15.48.050 Temporary permit fees.

Every person holding a temporary permit shall pay to the city building inspector the fee set forth by city council resolution. (Ord. 02-5 § 15 (part): prior code §

16.5)

15.48.060 When trailers to be parked in parking spaces.

All trailers when parked for more than twenty-four (24) continuous hours shall be parked in a parking space. (Prior code § 16.6)

15.48.070 Unlawful locations.

No person shall establish, maintain or locate any trailer in the city, except in conformance with the provisions of this chapter. (Ord. 02-5 § 15 (part): prior code § 16.7)
Agenda Item #12.1.

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Chapter 15.52

FLOOD DAMAGE PREVENTION
Sections:

15.52.010 Statutory authorization.

15.52.020 Findings of fact.

15.52.030 Statement of purpose.

15.52.040 Methods of reducing flood losses.

15.52.050 Definitions.

15.52.060 Lands to which this chapter applies.

15.52.070 Basis for establishing the areas of special flood hazard.

15.52.080 Compliance.

15.52.090 Abrogation and greater restrictions.

15.52.100 Interpretation.

15.52.110 Warning and disclaimer of liability.

15.52.120 Development permit.

15.52.130 Designation of floodplain administrator.

15.52.140 Duties and responsibilities of the floodplain administrator.

15.52.150 Standards of construction.

15.52.160 Standards for utilities.

15.52.170 Standards for subdivisions.

15.52.180 Standards for manufactured homes.

15.52.190 Floodways.

15.52.200 Appeal board.

15.52.210 Variances.
* Editor’s Note: The sections in this chapter have been renumbered from the designations given in Ord. 06-8 starting with Section 15.52.120.

15.52.010 Statutory authorization.

The Legislature of the State of California has, in Government Code Sections 65302, 65560, and 65800, conferred upon local government units authority to adopt regulations designed to promote the public health, safety and general welfare of its citizenry. Therefore, the city council does ordain as set forth in this chapter. (Ord. 06-8 § 3 (part); Ord. 02-5 § 8: prior code § 5B.1)

15.52.020 Findings of fact.

A. The flood hazard areas of the city are subject to periodic inundation which results in loss of life and property, health and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures for flood protection and relief, and impairment of the tax base, all of which adversely affect the public health, safety and general welfare.

B. These flood losses are caused by uses that are inadequately elevated, floodproofed or protected from flood damage. The cumulative effect of Agenda Item #12.1.

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obstructions in areas of special flood hazards which increase flood heights and velocities also contributes to flood losses. (Ord. 06-8 § 3 (part): prior code § 5B.2)

15.52.030 Statement of purpose.

It is the purpose of this chapter to promote the public health, safety and general welfare, and to minimize public and private losses due to flood conditions in specific areas by provisions designed to:

A. Protect human life and health;
B. Minimize expenditure of public money for costly flood-control projects; C. Minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public; D. Minimize prolonged business interruptions;
E. Minimize damage to public facilities and utilities such as water and gas mains, electric, telephone and sewer lines, streets and bridges located in areas of special flood hazard;
F. Help maintain a stable tax base by providing for the sound use and development of areas of special flood hazard so as to minimize future blighted areas caused by flood damage;
G. Ensure that potential buyers are notified that property is in an area of special flood hazard; and
H. Ensure that those who occupy the areas of special flood hazard assume responsibility for their actions. (Ord. 06-8 § 3 (part): prior code § 5B.3)

15.52.040 Methods of reducing flood losses.

In order to accomplish its purposes, this chapter includes regulations to:

A. Restrict or prohibit uses which are dangerous to health, safety and property due to water or erosion hazards, or which result in damaging increases in erosion or flood heights or velocities;
B. Require that uses vulnerable to floods, including facilities which serve such uses, be protected against flood damage at the time of initial construction;
C. Control the alteration of natural floodplains, stream channels and natural protective barriers, which help accommodate or channel floodwaters; D. Control filling, grading, dredging and other development which may increase flood damage;
E. Prevent or regulate the construction of flood barriers which will unnaturally divert floodwaters or which may increase flood hazards in other areas; and F. These regulations take precedence over any less restrictive conflicting local laws, ordinances and codes. (Ord. 06-8 § 3 (part): prior code § 5B.4)

15.52.050 Definitions.

Unless specifically defined below, words or phrases used in this chapter shall be so interpreted so as to give them the meaning they have in common usage and to give this chapter its most reasonable application.

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“A Zone.” See “Special flood hazard area.”
“Accessory structure, low-cost and small” means a structure that is solely for the parking of not more than two cars; or limited storage (small, low cost sheds).
“Accessory use” means a use which is incidental and subordinate to the principal use of the parcel of land on which it is located; “Alluvial fan” means a geomorphologic feature characterized by a cone or fan shaped deposit of boulders, gravel, and fine sediments that have been eroded from mountain slopes, transported by flood flows, and then deposited on the valley floors, and which is subject to flash flooding, high velocity flows, debris flows, erosion, sediment movement and deposition, and channel migration.
“Apex” means a point on an alluvial fan or similar landform below which the flow path of the major stream that formed the fan becomes unpredictable and alluvial fan flooding can occur.
“Appeal” means a request for a review of the floodplain administrator's interpretation of any provision of this chapter or a request for a variance.
“Area of shallow flooding” means a designated AO or AH Zone on the Flood Insurance Rate Map (FIRM). The base flood depths range from one to three feet; a clearly defined channel does not exist; the path of flooding is unpredictable and indeterminate; and velocity flow may be evident. Such flooding is characterized by ponding or sheet flow. “Area of special flood hazard.” See “Special flood hazard area.” “Area of special flood-related erosion hazard” is the land within a community which is most likely to be subject to severe flood-related erosion losses. The area may be designated as Zone E on the Flood Insurance Rate Map (FIRM).
“Base flood” means the flood having a one-percent chance of being equaled or exceeded in any given year (also called the “100 year flood”). Base flood is the term used throughout this chapter. “Base flood elevation (BFE)” means the elevation shown on the Flood Insurance Rate Map for Zones AE, AH, A1-A30, VE and V1-V30 that indicates the water surface elevation resulting from a flood that has a one-percent or greater chance of being equaled or exceeded in any given year.
“Basement” means any area of the building having its floor subgrade — i.e., below ground level— on all sides.
“Building.” See “Structure.”
“Crawl space” is an enclosed area below the BFE. Crawl space construction is subject to specific materials requirements and other constraints as described in Section 15.52.150(C)(2) of this chapter. “Development” means any man-made change to improved or unimproved real estate including, but not limited to, buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations or storage of equipment or materials.

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“Development permit” means the document issued by the city to confirm approval of the development proposed by the submittals required under Section 15.52.120 of this chapter.
“Encroachment” means the advance or infringement of uses, plant growth, fill, excavation, buildings, permanent structures or development into a floodplain which may impede or alter the flow capacity of a floodplain. “Existing manufactured home park or subdivision” means a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) was completed before May 27, 1980.
“Expansion to an existing manufactured home park or subdivision” means the preparation of additional sites by the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads). “Flood, flooding, or flood water” means:

1. A general and temporary condition of partial or complete inundation of normally dry land areas from the overflow of inland or tidal waters; the unusual and rapid accumulation or runoff of surface waters from any source; and/or mudslides (i.e., mudflows); and

2. The condition resulting from flood related erosion.
“Flood Boundary and Floodway Map (FBFM)” means the official map on which the Federal Emergency Management Agency or Federal Insurance Administration has delineated both the areas of special flood hazard and the floodway.
“Flood Insurance Rate Map (FIRM)” means the official map on which the Federal Emergency Management Agency or Federal Insurance Administration has delineated both the areas of special flood hazards and the risk premium zones applicable to the community. “Flood Insurance Study” means the official report provided by the Federal Insurance Administration that includes flood profiles, the FIRM, the Flood Boundary and Floodway Map, and the water surface elevation of the base flood.
“Floodplain or flood-prone area” means any land area susceptible to being inundated by water from any source - see “Flooding.”
“Floodplain administrator” is the community official designated by title to administer and enforce the floodplain management regulations. “Floodplain management” means the operation of an overall program of corrective and preventive measures for reducing flood damage, including, but not limited to, emergency preparedness plans, flood control works, floodplain management regulations, and open space plans.
“Floodplain management regulations” means this and other zoning ordinances, subdivision regulations, building codes, health regulations, special purpose ordinances (such as grading and erosion control) and other applications of police power which control Agenda Item #12.1.

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development in flood prone areas. This term describes federal, state or local regulations in any combination thereof which provide standards for preventing and reducing flood loss and damage. “FloodproofingFlood proofing” means any combination of structural and nonstructural additions, changes, or adjustments to structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures, and their contents.

For guidelines on dry and wet floodproofingflood proofing, see FEMA Technical Bulletins TB 1-93, TB 3-93, and TB 7-93.
“Flood-related erosion” means the collapse or subsidence of land along the shore of a lake or other body of water as a result of undermining caused by waves or currents of water exceeding anticipated cyclical level or suddenly caused by an unusually high water level in a natural body of water, accompanied by a severe storm, or by an
unanticipated force of nature, such as a flash flood or an abnormal tidal surge, or by some similarly unusually and unforeseeable event which results in flooding.
“Flood-related erosion area” or “flood-related erosion prone area” means a land area adjoining the shore of a lake or other body of water, which due to the composition of the shoreline or bank and high water levels or wind-driven currents, is likely to suffer flood-related erosion damage.
“Flood-related erosion area management” means the operation of an overall program of corrective and preventive measures for reducing flood-related erosion damage, including but not limited to emergency preparedness plans, flood-related erosion control works, and floodplain management regulations.
“Floodway” means the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot. Also referred to as “regulatory floodway.”
“Floodway fringe” is that area of the floodplain on either side of the “regulatory floodway” where encroachment may be permitted. “Fraud and victimization” as related to Section 15.52.210 of this chapter, means that the variance granted must not cause fraud on or victimization of the public. In examining this requirement, the city will consider the fact that every newly constructed building adds to government responsibilities and remains a part of the community for fifty (50) to one hundred (100) years. Buildings that are permitted to be constructed below the base flood elevation are subject during all those years to increased risk of damage from floods, while future owners of the property and the community as a whole are subject to all the costs, inconvenience, danger, and suffering that those increased flood damages bring. In addition, future owners may purchase the property, unaware that it is subject to potential flood damage, and can be insured only at very high flood insurance rates.

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“Functionally dependent use” means a use which cannot perform its intended purpose unless it is located or carried out in close proximity to water. The term includes only docking facilities, port facilities that are necessary for the loading and unloading of cargo or passengers, and ship building and ship repair facilities, and does not include long term storage or related manufacturing facilities.
“Governing body” is the city, empowered to adopt and implement regulations to provide for the public health, safety and general welfare of its citizenry.
“Hardship” as related to Section 15.52.210 of this chapter means the exceptional hardship that would result from a failure to grant the requested variance. The city requires that the variance be exceptional, unusual, and peculiar to the property involved. Mere economic or financial hardship alone is not exceptional.

Inconvenience, aesthetic considerations, physical handicaps, personal preferences, or the disapproval of one’s neighbors likewise cannot, as a rule, qualify as an exceptional hardship. All of these problems can be resolved through other means without granting a variance, even if the alternative is more expensive, or requires the property owner to build elsewhere or put the parcel to a different use than originally intended.
“Highest adjacent grade” means the highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure.
“Historic structure” means any structure that is:

1. Listed individually in the National Register of Historic Places (a listing maintained by the Department of Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register;

2. Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district;

3. Individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the Secretary of Interior; or

4. Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either by an approved state program as determined by the Secretary of the Interior or directly by the Secretary of the Interior in states without approved programs.
“Levee” means a man made structure, usually an earthen embankment, designed and constructed in accordance with sound engineering practices to contain, control or divert the flow of water so as to provide protection from temporary flooding.
“Levee system” means a flood protection system which consists of a levee, or levees, and associated structures, such as closure and Agenda Item #12.1.

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drainage devices, which are constructed and operated in accord with sound engineering practices.
“Lowest floor” means the lowest floor of the lowest enclosed area, including basement (see “Basement” definition).

1. An unfinished or flood-resistant enclosure below the lowest floor that is usable solely for parking of vehicles, building access or storage in an area other than a basement area, is not considered a building’s lowest floor provided it conforms to applicable non-elevation design requirements, including, but not limited to:
a. The flood openings standard in Section 15.52.150(C)(4) of this chapter;
b. The anchoring standards in Section 15.52.150(A) of this chapter; c. The construction materials and methods standards in Section

15.52.150(B) of this chapter; and
d. The standards for utilities in Section 15.52.160 of this chapter. “Manufactured home” means a structure, transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when connected to the required utilities. For floodplain management purposes, the term “manufactured home” also includes “recreational vehicles,” park trailers, travel trailers and other similar vehicles placed on a site for greater than one hundred eighty (180) consecutive days. “Market value” shall be determined by estimating the cost to replace the structure in new condition and adjusting that cost figure by the amount of depreciation which has accrued since the structure was constructed.

1. The cost of replacement of the structure shall be based on a square foot cost factor determined by reference to a building cost estimating guide recognized by the building construction industry.

2. The amount of depreciation shall be determined by taking into account the age and physical deterioration of the structure and functional obsolescence as approved by the floodplain administrator, but shall not include economic or other forms of external obsolescence.

3. Use of replacement costs or accrued depreciation factors different from those contained in recognized building cost estimating guides may be considered only if such factors are included in a report prepared by an independent professional appraiser and supported by a written explanation of the differences.
“Manufactured home park or subdivision” means a parcel (or contiguous parcels) of land divided into two or more manufactured home lots for sale or rent.
“Mean sea level (MSL)” means, for purposes of the National Flood Insurance Program, the National Geodetic Vertical Datum (NGVD) of 1929, North American Vertical Datum (NAVD) of 1988, or other datum, to which base flood elevations shown on a community’s Flood Insurance Rate Map are referenced.

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“New construction”, for floodplain management purposes, means structures for which the “start of construction” commenced on or after May 27, 1980, and includes any subsequent improvements to such structures. “New manufactured home park or subdivision” means a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed on or after May 27, 1980.
“Obstruction” includes, but is not limited to, any dam, wall, wharf, embankment, levee, dike, pile, abutment, protection, excavation, channelization, bridge, conduit, culvert, building, wire, fence, rock, gravel, refuse, fill, structure, vegetation or other material in, along, across or projecting into any watercourse which may alter, impede, retard or change the direction and/or velocity of the flow of water, or due to its location, its propensity to snare or collect debris carried by the flow of water, or its likelihood of being carried downstream. “One hundred year flood” or “100 year flood” - see “Base flood.” “Person” means an individual or his or her agent, firm, partnership, association or corporation, or agent of the aforementioned groups, or this state or its agencies or political subdivisions.
“Program deficiency” means a defect in a community’s floodplain management regulations or administrative procedures that impairs effective implementation of those floodplain management regulations. “Public safety and nuisance” as related to Section 15.52.210 of this chapter, means that the granting of a variance must not result in anything which is injurious to safety or health of an entire community or neighborhood, or any considerable number of persons, or unlawfully obstructs the free passage or use, in the customary manner, of any navigable lake, river, bay, stream, canal, or basin.
“Recreational vehicle” means a vehicle which is:

1. Built on a single chassis;

2. 400 square feet or less when measured at the largest horizontal projection;

3. Designed to be self propelled or permanently towable by a light duty truck; and

4. Designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use.
“Regulatory floodway” means the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot.
“Remedy a violation” means to bring the structure or other development into compliance with state or local floodplain management regulations, or, if this is not possible, to reduce the impacts of its noncompliance.

Ways that impacts may be reduced include protecting the structure or other affected development from flood damages, implementing the Agenda Item #12.1.

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enforcement provisions of this chapter or otherwise deterring future similar violations, or reducing state or federal financial exposure with regard to the structure or other development.
“Riverine” means relating to, formed by, or resembling a river (including tributaries), stream, brook, etc.
“Sheet flow area.” See “Area of shallow flooding.”
“Special flood hazard area (SFHA)” means an area in the floodplain subject to a one percent or greater chance of flooding in any given year. It is shown on an FHBM or FIRM as Zone A, AO, A1-A30, AE, A99, or AH.
“Start of construction” includes substantial improvement and other proposed new development and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition, placement, or other improvement was within one hundred eighty (180) days from the date of the permit. The actual start means either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufacture home on a foundation. Permanent construction does not include land preparation, such as clearing, grading, and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers, or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building.
“Structure” means a walled and roofed building that is principally aboveground; this includes a gas or liquid storage tank, or a manufactured home.
“Substantial damage” means:

1. Damage of any origin sustained by a structure whereby the cost of restoring the structure to its before-damaged condition would equal or exceed fifty percent (50%) of the market value of the structure before the damage occurred; or

2. Flood-related damages sustained by a structure on two separate occasions during a ten (10)-year period for which the cost of repairs at the time of each such event, on the average, equals or exceeds twenty-five percent (25%) of the market value of the structure before the damage occurred. This is also known as “repetitive loss.”
“Substantial improvement” means any reconstruction, rehabilitation, addition, or other improvement of a structure, the cost of which equals or exceeds thirty percent (30%) of the market value of the structure before the “start of construction” of the improvement. This term Agenda Item #12.1.

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includes structures which have incurred “substantial damage”, regardless of the actual repair work performed. The term does not, however, include either:

1. Any project for improvement of a structure to correct existing violations of state or local health, sanitary, or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions; or

2. Any alteration of a “historic structure,” provided that the alteration will not preclude the structure’s continued designation as a “historic structure.”
“Variance” means a grant of relief from the requirements of this chapter which permits construction in a manner that would otherwise be prohibited by this chapter.
“Violation” means the failure of a structure or other development to be fully compliant with the community’s floodplain management regulations. A structure or other development without the elevation certificate, other certifications, or other evidence of compliance required in this chapter is presumed to be in violation until such time as that documentation is provided.
“Water surface elevation” means the height, in relation to the National Geodetic Vertical Datum (NGVD) of 1929, North American Vertical Datum (NAVD) of 1988, or other datum, of floods of various magnitudes and frequencies in the floodplains of coastal or riverine areas.
“Watercourse” means a lake, river, creek, stream, wash, arroyo, channel or other topographic feature on or over which waters flow at least periodically. Watercourse includes specifically designated areas in which substantial flood damage may occur. (Ord. 06-8 § 3 (part): prior code § 5B.5)

15.52.060 Lands to which this chapter applies.

This chapter shall apply to all areas of special flood hazards within the jurisdiction of the city. (Ord. 06-8 § 3 (part): prior code § 5B.6)

15.52.070 Basis for establishing the areas of special flood hazard.

The areas of special flood hazard identified by the Federal Emergency Management Agency (FEMA) in the “Flood Insurance Study (FIS) City of St.

Helena, California, Napa County” dated January 7, 1998, with accompanying Flood Insurance Rate Maps (FIRMs) and Flood Boundary and Floodway Maps (FBFMs), dated January 7, 1998, and all subsequent amendments and/or revisions, are hereby adopted by reference and declared to be a part of this chapter. This FIS and attendant mapping is the minimum area of applicability of this chapter and may be supplemented by studies for other areas which allow implementation of this chapter and which are recommended to the city by the Agenda Item #12.1.

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floodplain administrator. The study, FIRMs and FBFMs are on file at City Hall, 1480 Main Street, St. Helena. (Ord. 06-8 § 3 (part): prior code § 5B.7)

15.52.080 Compliance.

No structure or land shall hereafter be constructed, located, extended, converted or altered without full compliance with the terms of this chapter and other applicable regulations. Violation of the requirements (including violations of conditions and safeguards) shall constitute a misdemeanor. Nothing herein shall prevent the city from taking such lawful action as is necessary to prevent or remedy any violation. (Ord. 06-8 § 3 (part): prior code § 5B.8)

15.52.090 Abrogation and greater restrictions.

This chapter is not intended to repeal, abrogate or impair any existing easements, covenants or deed restrictions. However, where this chapter and another ordinance, easement, covenant or deed restriction conflict or overlap, whichever imposes the more stringent restrictions shall prevail. (Ord. 06-8 § 3 (part): prior code § 5B.9)

15.52.100 Interpretation.

In the interpretation and application of this chapter, all provisions shall be:

A. Considered as minimum requirements;
B. Liberally construed in favor of the city; and
C. Deemed neither to limit nor repeal any other powers granted under state statutes. (Ord. 06-8 § 3 (part): prior code § 5B.10)

15.52.110 Warning and disclaimer of liability.

The degree of flood protection required by this chapter is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods can and will occur on rare occasions. Flood heights may be increased by manmade or natural causes. This chapter does not imply that land outside the areas of special flood hazard or uses permitted within such areas will be free from flooding or flood damages. This chapter shall not create liability on the part of the city, any officer or employee thereof, the state of California or the Federal Emergency Management Agency for any flood damages that result from reliance on this chapter or any administrative decision lawfully made hereunder. (Ord. 06-8 § 3 (part): prior code § 5B.11)

15.52.120 Development permit.

A development permit shall be obtained before construction or other development, including manufactured homes, within any area of special flood hazard established in Section 15.52.070 of this chapter. Applications for a development permit shall be made on forms furnished by the city. The applicant shall provide the following minimum information:

Agenda Item #12.1.

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A. Plans in duplicate, drawn to scale, showing:

1. Location, dimensions, and elevation of the area in question, existing or proposed structures, storage of materials and equipment and their location;

2. Proposed locations of water supply, sanitary sewer, and other utilities;

3. Grading information showing existing and proposed contours, any proposed fill, and drainage facilities;

4. Location of the regulatory floodway when applicable;

5. Base flood elevation information as specified in Section 15.52.070 or Section 15.52.150(C) of this chapter;

6. Proposed elevation in relation to mean sea level of the lowest floor (including basement) of all structures; and

7. Proposed elevation in relation to mean sea level to which any nonresidential structure will be flood proofed, as required in Section

15.52.150(C)(3) of this chapter and detailed in FEMA Technical Bulletin TB 3-93.

B. Certification from a registered civil engineer or architect that the nonresidential flood proofed building meets the flood proofing criteria in Section 15.52.150(C)(3) of this chapter.

C. For a crawl space foundation, location and total net area of foundation openings as required in Section 15.52.150(C)(2) of this chapter and detailed in FEMA Technical Bulletins 1-93 and 7-93.

D. Description of the extent to which any watercourse will be altered or relocated as a result of proposed development and evidence that any required state or federal permits for such alteration or relocation have been obtained.

E. All appropriate certifications listed in Section 15.52.150 of this chapter. (Ord. 06-8 § 3 (part): prior code § 5B.13)

15.52.130 Designation of floodplain administrator.

The city engineer is appointed to administer, implement and enforce this chapter by granting or denying development permits in accord with its provisions. (Ord. 06-8 § 3 (part): prior code § 5B.14)

15.52.140 Duties and responsibilities of the floodplain administrator.

The duties and responsibilities of the floodplain administrator shall include, but not be limited to:

A. Permit Review.

1. Review all development permit applications to determine that the permit requirements of this chapter have been satisfied, including determination of substantial improvement and substantial damage of existing structures;

2. All other required state and federal permits have been obtained;

3. The site is reasonably safe from flooding;

4. The proposed development does not adversely affect the carrying capacity of areas where base flood elevations have been determined Agenda Item #12.1.

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but a floodway has not been designated. This means that the cumulative effect of the proposed development when combined with all other existing and anticipated development will not increase the water surface elevation of the base flood more than one foot at any point within the city; and

5. All letters of map revision (LOMRs) for flood control projects are approved prior to the issuance of building permits. Building permits must not be issued based on conditional letters of map revision (CLOMRs). Approved CLOMRs allow construction of the proposed flood control project and land preparation as specified in the “Start of Construction” definition.

B. Development of Substantial Improvement and Substantial Damage Procedures.

1. Using FEMA publication FEMA 213, “Answers to Questions About Substantially Damaged Buildings,” develop detailed procedures for identifying and administering requirements for substantial improvement and substantial damage, to include defining “market value.”

2. Assure procedures are coordinated with other departments/divisions and implemented by community staff.

C. Review Use and Development of Other Base Flood Data. When base flood elevation data has not been provided in accordance with Section

15.52.070 of this chapter, the floodplain administrator shall obtain, review and reasonably utilize any base flood elevation and floodway data available from a federal, state or other source, in order to administer Sections 15.52.150 through 15.52.190 of this chapter. Any such information shall be submitted to the city council for adoption. NOTE: A base flood elevation may be obtained using one of two methods from the FEMA publication, FEMA 265, “Managing Floodplain Development in Approximate Zone A Areas – A Guide for Obtaining and Developing Base (100-year) Flood Elevations” dated July 1995.

D. Notification of Other Agencies.

1. Alteration or relocation of a watercourse.
a. Notify adjacent communities and the California Department of Water Resources prior to the alteration or relocation;
b. Submit evidence of such notification to the Federal Emergency Management Agency; and
c. Assure that the flood-carrying capacity of the altered or relocated portion of such watercourse is maintained.

2. Base flood elevation changes due to physical alterations:
a. Within six months of information becoming available or project completion, whichever comes first, the floodplain administrator shall submit or assure that the permit applicant submits technical or scientific data to FEMA for a letter of map revision (LOMR). b. All LOMR’s for flood control projects are approved prior to the issuance of building permits. Building permits must not be issued based on conditional letters of map revision (CLOMR’s).

Approved CLOMR’s allow construction of the proposed flood Agenda Item #12.1.

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control project and land preparation as specified in the “Start of Construction” definition.
c. Such submissions are necessary so that upon confirmation of those physical changes affecting flooding conditions, risk premium rates and floodplain management requirements are based on current data.

3. Changes in corporate boundaries:

Notify FEMA in writing whenever the corporate boundaries have been modified by annexation or other means and include a copy of a map of the community clearly delineating the new corporate limits.

E. Documentation of Floodplain Development.

Obtain and maintain for public inspection and make available as needed the following:

1. Certification required by Section 15.52.150(C)(1) of this chapter (lowest floor elevations);

2. Certification required in Section 15.52.150(C)(3) of this chapter (elevation or flood proofing of nonresidential structures);

3. Certification required in Section 15.52.150(C)(4) of this chapter (wet flood proofing standard);

4. Certification required in Section 15.52.170 of this chapter (subdivisions and other proposed development standards);

5. The certification required in Section 15.52.190(A) of this chapter (floodway encroachments); and

6. Maintain a record of all variance actions, including justification for their issuance, and report such variances issued in its biennial report submitted to the Federal Emergency Management Agency.

F. Map Determination. Make interpretations where needed, as to the exact location of the boundaries of the areas of special flood hazard, where there appears to be a conflict between a mapped boundary and actual field conditions. The person contesting the location of the boundary shall be given a reasonable opportunity to appeal the interpretation as provided in Section 15.52.200 of this chapter.

G. Remedial Action. Take action to remedy violations of this chapter as specified in Section 15.52.080 herein.

H. Biennial Report. Complete and submit biennial report to FEMA.

I. Planning. Assure community’s general plan is consistent with floodplain management objectives herein. (Ord. 06-8 § 3 (part): prior code § 5B.15)

15.52.150 Standards of construction.

In all areas of special flood hazards the following standards are required:

A. Anchoring.

1. All new construction and substantial improvements, including manufactured homes, shall be adequately anchored to prevent flotation, collapse or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy.

B. Construction Materials and Methods.

Agenda Item #12.1.

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1. All new construction and substantial improvements to structures, including manufactured homes, shall be constructed:
a. With flood-resistant materials, and utility equipment resistant to flood damage for areas below the base flood elevation;
b. Using methods and practices that minimize flood damage; c. With electrical, heating, ventilation, plumbing and air-conditioning equipment and other service facilities that are designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding; and d. Within Zone AH or AO, so that there are adequate drainage paths around structures on slopes to guide floodwaters around and away from proposed structures.

C. Elevation and Flood proofing.

1. New construction and substantial improvement of any residential structure shall have the lowest floor, including basement:
a. In AE, AH and A1-A30 Zones, elevated to eighteen (18) inches above the base flood elevation.
b. In an AO Zone, elevated above the highest adjacent grade to a height equal to or exceeding the depth number specified in feet on the FIRM, or elevated at least two feet above the highest adjacent grade if no depth number is specified.
c. Upon completion of the structure, the elevation of the lowest floor including basement shall be certified by a registered civil engineer or land surveyor to be properly elevated. Such certification shall be provided to the floodplain administrator.

2. Crawl Space Construction. Below-grade crawl space construction in accordance with the requirements listed below will not be considered basements.
a. The building must be designed and adequately anchored to resist flotation, collapse, and lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy. Crawl space construction is not allowed in areas with flood velocities greater than five feet per second unless the design is reviewed by a qualified design professional, such as a registered architect or professional engineer;
b. The crawl space is an enclosed area below the BFE and, as such, must have openings that equalize hydrostatic pressures by allowing for the automatic entry and exit of floodwaters. For guidance on flood openings, see FEMA Technical Bulletin 1-93; c. Crawl space construction is not permitted in V zones. Open pile or column foundations that withstand storm surge and wave forces are required in V zones;
d. Portions of the building below the BFE must be constructed with materials resistant to flood damage. This includes not only the foundation walls of the crawl space used to elevate the building, but also any joists, insulation, or other materials that extend below the BFE; and
Agenda Item #12.1.

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e. Any building utility systems within the crawl space must be elevated above BFE or designed so that floodwaters cannot enter or accumulate within the system components during flood conditions.
f. Requirements for all below-grade crawl space construction, in addition to the above requirements, to include the following:
i. The interior grade of a crawl space below the BFE must not be more than two feet below the Lowest Adjacent Exterior Grade (LAG), shown as D in figure 3 of Technical Bulletin 11-01;
ii. The height of the below-grade crawl space, measured from the interior grade of the crawl space to the top of the crawl space foundation wall must not exceed 4 feet (shown as L in figure 3 of Technical Bulletin 11-01) at any point;
iii. There must be an adequate drainage system that removes floodwaters from the interior area of the crawl space within a reasonable period of time after a flood event, not to exceed seventy-two (72) hours; and
iv. The velocity of floodwaters at the site should not exceed five feet per second for any crawl space. For velocities in excess of five feet per second, other foundation types should be used.

3. For any new construction or substantial improvement of a nonresidential structure, the entire structure shall either be elevated in conformance with subsection (C)(1) of this section or together with attendant utility and sanitary facilities:
a. Be flood proofed so that below the level required under subsection (C)(1) of this section the structure is watertight with walls substantially impermeable to the passage of water; b. Have structural components capable of resisting hydrostatic and hydrodynamic loads and effects of buoyancy; and
c. Be certified by a registered civil engineer that the standards of this subsection are satisfied. Such certification shall be provided to the floodplain administrator.

4. Require, for all new construction and substantial improvements, that fully enclosed areas below the lowest floor that are subject to flooding shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of flood waters.

Designs for meeting this requirement must either be certified by a registered civil engineer or meet or exceed the following minimum criteria:
a. Either a minimum of two openings having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding shall be provided. The bottom of all openings shall be no higher than one foot above grade. Openings may be equipped with screens, louvers, valves or other coverings or devices; provided, that they permit the automatic entry and exit of flood waters; or
Agenda Item #12.1.

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b. Be certified to comply with a local flood proof standard approved by the Federal Insurance Administration.

5. Manufactured homes shall also meet the standards in Section

15.52.180.

D. Non-conversion of Enclosed Areas Below the Lowest Floor. To ensure that the areas below the BFE shall be used solely for parking vehicles, limited storage, or access to the building and not be finished for use as human habitation without first becoming fully compliant with the floodplain management ordinance in effect at the time of conversion, the floodplain administrator shall:

1. Determine which applicants for new construction and/or substantial improvements have fully enclosed areas below the lowest floor that are five feet or higher;

2. Require that such applicants enter into a “NON-CONVERSION

AGREEMENT FOR CONSTRUCTION WITHIN FLOOD HAZARD
AREAS” or equivalent with the city. The agreement shall be recorded by the floodplain administrator with the Napa County Recorder as a deed restriction. The non-conversion agreement shall be in a form acceptable to the floodplain administrator and city attorney; and

3. Have the authority to inspect any area of a structure below the base flood elevation to ensure compliance upon prior notice of at least seventy-two (72) hours.

E. The floodplain administrator shall require permits for proposed construction and other development within all flood-related erosion-prone areas known to the community.

1. Permit applications shall be reviewed to determine whether the proposed site alterations and improvements will be reasonably safe from flood-related erosion, and will not cause flood-related erosion hazards or otherwise aggravate the existing hazard.

2. If a proposed improvement is found to be in the path of flood-related erosion or would increase the erosion hazard, such improvement shall be relocated or adequate protective measures shall be taken to avoid aggravating the existing erosion hazard.

3. Within Zone E on the Flood Insurance Rate Map, a setback is required for all new development from the ocean, lake, bay, riverfront or other body of water to create a safety buffer consisting of a natural vegetative or contour strip. This buffer shall be designated according to the flood-related erosion hazard and erosion rate, in relation to the anticipated “useful life” of structures, and depending upon the geologic, hydrologic, topographic, and climatic characteristics of the land. The buffer may be used for suitable open space purposes, such as for agricultural, forestry, outdoor recreation and wildlife habitat areas, and for other activities using temporary and portable structures only. (Ord. 06-8 § 3 (part): prior code § 5B.16)

15.52.160 Standards for utilities.

Agenda Item #12.1.

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A. All new and replacement water supply and sanitary sewage systems shall be designed to minimize or eliminate infiltration of flood waters into the system and discharge from systems into flood waters.

B. On-site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding. (Ord. 06-8 § 3 (part):
prior code § 5B.17)

15.52.170 Standards for subdivisions.

A. All preliminary subdivision proposals shall identify the flood hazard area and the elevation of the base flood.

B. All final subdivision plans will provide the elevation of proposed structure(s) and pads. If the site is filled above the base flood, the final pad elevation shall be certified by a registered civil engineer or land surveyor and provided to the floodplain administrator.

C. All subdivision proposals shall be consistent with the need to minimize flood damage.

D. All subdivision proposals shall have public utilities and facilities such as sewer, gas, electrical and water systems located and constructed to minimize flood damage.

E. All subdivisions shall provide adequate drainage to reduce exposure to flood hazards. (Ord. 06-8 § 3 (part): prior code § 5B.18)

15.52.180 Standards for manufactured homes.

All new and replacement manufactured homes and additions to manufactured homes shall:

A. Be elevated on a permanent foundation so that the lowest floor is at least eighteen (18) inches above the base flood elevation; and B. Be securely anchored to a permanent foundation system designed to resist flotation, collapse and lateral movement and approved by the Building Official.

C. All recreational vehicles placed in Zones A1-30, AH, and AE will either:

1. Be on the site for fewer than one hundred eight (180) consecutive days; or

2. Be fully licensed and ready for highway use. A recreational vehicle is ready for highway use if it is on its wheels or jacking system, is attached to the site only by quick disconnect type utilities and security devices, and has no permanently attached additions; or

3. Meet the permit requirements of Section 15.52.120 of this chapter and the elevation and anchoring requirements for manufactured homes in Section 15.52.180. (Ord. 06-8 § 3 (part): prior code § 5B.19)

15.52.190 Floodways.

Located within areas of special flood hazard established in Section 15.52.070 of this chapter are areas designated as floodways. Since the floodway is an Agenda Item #12.1.

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extremely hazardous area due to the velocity of flood waters which carry debris, potential projectiles, and erosion potential, the following provisions apply:

A. Prohibit encroachments, including fill, new construction, substantial improvements and other development unless certification by a registered civil engineer is provided demonstrating that encroachments shall not result in any increase in flood levels during the occurrence of the base flood discharge.

B. If subsection A of this section is satisfied, all new construction and substantial improvements shall comply with all other applicable flood hazard reduction provisions of Sections 15.52.140 through 15.52.180. (Ord. 06-8 § 3 (part))

15.52.200 Appeal board.

A. The planning commission, and on appeal, the city council shall hear and decide appeals when it is alleged there is an error in any requirement, decision, or determination made by the floodplain administrator in the enforcement or administration of this chapter.

B. The city council shall hear and decide requests for variance in the enforcement or administration of this chapter.

1. In passing upon requests for variances, the city council shall consider all technical evaluations, all relevant factors, standards specified in other sections of this chapter, and the:
a. Danger that materials may be swept onto other lands to the injury of others;
b. Danger of life and property due to flooding or erosion damage; c. Susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the existing individual owner and future owners of the property;
d. Importance of the services provided by the proposed facility to the community;
e. Necessity to the facility of a waterfront location, where applicable; f. Availability of alternative locations for the proposed use which are not subject to flooding or erosion damage;
g. Compatibility of the proposed use with existing and anticipated development;
h. Relationship of the proposed use to the comprehensive plan and floodplain management program for that area;
i. Safety of access to the property in time of flood for ordinary and emergency vehicles;
j. Expected heights, velocity, duration, rate of rise, and sediment transport of the flood waters expected at the site; and k. Costs of providing governmental services during and after flood conditions, including maintenance and repair of public utilities and facilities such as sewer, gas, electrical, and water system, and streets and bridges.

2. Variances shall only be issued upon a:
a. Showing of good and sufficient cause;
Agenda Item #12.1.

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b. Determination that failure to grant the variance would result in exceptional “hardship” to the applicant; and
c. Determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, or extraordinary public expense, create a nuisance (see “public safety and nuisance”*), cause “fraud and victimization”* of the public, or conflict with existing local laws or ordinances.

3. Variances may be issued for new construction, substantial improvement, and other proposed new development necessary for the conduct of a functionally dependent use provided that the provisions of subsections (B)(1) through (B)(2) of this section are satisfied and that the structure or other development is protected by methods that minimize flood damages during the base flood and does not result in additional threats to public safety and does not create a public nuisance.

4. Upon consideration of the factors of subsection B of this section and the purposes of this chapter, the city council may attach such conditions to the granting of variances as it deems necessary to further the purposes of this chapter. (Ord. 06-8 § 3 (part): prior code § 5B.21)
* Editor’s Note: See Section 15.52.050 for definition of this term.

15.52.210 Variances.

A. The issuance of a variance is for floodplain management purposes only.

Insurance premium rates are determined by statute according to actuarial risk and will not be modified by the granting of a variance.

B. The variance criteria set forth in this section are based on the general principle of zoning law that variances pertain to a piece of property and are not personal in nature. A variance may be granted for a parcel of property with physical characteristics so unusual that complying with the requirements of this chapter would create an exceptional hardship to the applicant or the surrounding property owners. The characteristics must be unique to the property and not be shared by adjacent parcels. The unique characteristic must pertain to the land itself, not to the structure, its inhabitants, or the property owners.

C. It is the duty of the city to help protect its citizens from flooding. This need is so compelling and the implications of the cost of insuring a structure built below flood level are so serious that variances from the flood elevation or from other requirements in this chapter are quite rare. The long term goal of preventing and reducing flood loss and damage can only be met if variances are strictly limited. Therefore, the variance guidelines provided in this section are more detailed and contain multiple provisions that must be met before a variance can be properly granted. The criteria Agenda Item #12.1.

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are designed to screen out those situations in which alternatives other than a variance are more appropriate.

D. Generally, variances may be issued for new construction, substantial improvement, and other proposed new development to be erected on a lot of one-half acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood elevation, providing that the procedures of Sections 15.52.150 through 15.52.190 of this chapter have been fully considered. As the lot size increases beyond onehalf acre, the technical justification required for issuing the variance increases.

E. Variances may be issued for the repair or rehabilitation of “Historic Structures” (as defined in Section 15.52.050 of this chapter) upon a determination that the proposed repair or rehabilitation will not preclude the structure’s continued designation as an historic structure and the variance is the minimum necessary to preserve the historic character and design of the structure.

F. Variances shall not be issued within any mapped regulatory floodway if any increase in flood levels during the base flood discharge would result.

G. Variances shall only be issued upon a determination that the variance is the “minimum necessary” considering the flood hazard, to afford relief. “Minimum necessary” means to afford relief with a minimum of deviation from the requirements of this chapter. For example, in the case of variances to an elevation requirement, this means the city need not grant permission for the applicant to build at grade, or even to whatever elevation the applicant proposes, but only to that elevation which the city believes will both provide relief and preserve the integrity of the local ordinance.

H. Any applicant to whom a variance is granted shall be given written notice over the signature of a city official that:

1. The issuance of a variance to construct a structure below the base flood level will result in increased premium rates for flood insurance up to amounts as high as twenty-five dollars ($25.00) for one hundred dollars ($100.00) of insurance coverage; and

2. Such construction below the base flood level increases risks to life and property. A copy of the notice shall be recorded by the floodplain administrator in the office of the Napa County recorder and shall be recorded in a manner so that it appears in the chain of title of the affected parcel of land.

I. The floodplain administrator will maintain a record of all variance actions, including justification for their issuance, and report such variances issued in its biennial report submitted to the Federal Emergency Management Agency. (Ord. 06-8 § 3 (part): prior code § 5B.22)
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83578.00000\44502623.1
Chapter 15.53

CALIFORNIA GREEN BUILDING STANDARDS CODE
Sections:

15.53.010 California Green Building Standards Code— – Adopted.

15.53.020 California Green Building Standards Code— – Amendments.

15.53.030 California Green Building Standards Code— – Voluntary Measures Made Mandatory.,

15.53.010 California Green Building Standards Code— – Adopted.

The 20225 Edition of the California Green Building Standards Code, known as the California Code of Regulations, Title 24, Part 11, with amendments set forth in section 15.53.020 is hereby adopted in its entirety with the following amendments.

15.53.020 California Green Building Standards Code— – Amendments.

A. Section 101.3, Scope, is amended to read as follows:

The provisions of this code shall apply to the planning, design, operation, construction, use and occupancy of every newly constructed building or structure, or an addition of 400 sq. ft. or more, or a remodel encompassing a bathroom or kitchen in an existing structure, unless otherwise indicated in this code, throughout the State of California.

B. Section 4.303.1, Indoor Water UseWater Conserving Plumbing Fixtures and Fittings, is amended to read as follows:
, Twenty percent savings. 2. In additions or remodels of existing structures, all new indoor plumbing fixtures shall meet the 20% reduction in use illustrated by Table 4.303.2.

C. Section 4.503, Fireplaces, is amended to read as follows:

Pursuant to Bay Area Air Quality Management District, Regulation 8, Particulate Matter and Visible Emissions, Rule 3, Wood-Burning Devices, the City of St. Helena hereby enforces the following:

1. Definitions:
“APCO” The Air Pollution Control Officer of the Bay Area Air Quality Management District or designee thereof.

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83578.00000\44502623.1
“Fireplaces”: Any installed masonry or factory-built wood-burning device designed to operate with an air-to-fuel ratio greater than or equal to 35-to1m a burn rate over 11 pounds per hour, or a weight over 1760 pounds. “Gas-fueled Heating Device”: Any device that utilizes natural gas as a fuel source supplied by a natural gas service utility, including, but not limited to, gas-fueled fireplaces, gas-fueled room heaters, gas-fueled inserts, or gas-fueled log sets.
“Masonry Heater”: Any site-build or site-assembled, solid-fueled heating device constructed mainly of masonry materials in which the heat from intermittent fires burned rapidly in its firebox is stored in its structural mass for slow release to the site. Such solid-fueled heating devices must meet the design and construction specifications set forth in ASTM E 1602-03, “Guide for Construction of Solid Fuel Burning Masonry Heaters.” “Pellet-fueled Device”: Any solid-fueled burning device which is operated on pellet-fuel and is either U.S. EPA Phase II certified or exempted under U.S. EPA requirements set forth in Title 40 Code of Federal Regulation (CFR), Part 60, Subpart AAA. Pellet fuel may be composed of compressed wood, corn or other biomass.
“Wood-burning Device”: Any wood-burning stove or heater, pellet-fueled device, fireplace, or any indoor permanently installed device used to burn any solid fuel for space-heating or aesthetic purposes. This definition does not include wood-burning devices intended exclusively for cooking food, such as wood-fired ovens or barbecues.

2. Criteria for Installation of Wood-burning Devices: No person shall install a new or used wood-burning device intended for use in the City of St.

Helena unless it is one of the following:

1. A U.S. EPA Phase II certified wood-burning device;

2. A pellet-fueled device;

3. A low mass fireplace, masonry heater or other wood-burning device of a make and model that meets EPA emission targets and has been approved in writing by the APCO.

This requirement does not apply if a wood-burning device is an installed fixture included in the sale or transfer of any real property.

Any gas-fueled heating device or electric-powered heating device is allowed under this standard.

3. Criteria for Wood-burning Devices in New Building Construction: No person or builder shall commence construction of a new building or structure permitted to contain or containing a wood-burning device, or install a new wood-burning device resulting from a remodel, or construct a free-standing outdoor fireplace that is not intended exclusively for cooking food, unless the device meets the requirements above. Any gas-fueled Agenda Item #12.1.

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83578.00000\44502623.1
heating device or electric-powered heating device is allowed under this standard.

15.53.030 California Green Building Standards Code— – Voluntary Measures Made Mandatory.,
The following sections in Appendix A4, Residential Voluntary Measures, isare adopted in its entirety with the following amendments:

A. Section A4.403.2, Reduction in Ccement Uuse, is amended to read as follows:.

As allowed by the enforcing agency, cement used in foundation mix design shall be reduced to not less than a 20 percent reduction in cement use.

B. Note: Products commonly used to replace cement in concrete mix designs include, but are not limited to:

1. Fly ash

2. Slag

3. Silica fume

4. Rice hull ash
C.B. Section A4.404.3, Building Systems, is amended to read as follows:
. All wood roof, wall and subfloor sheet goods shall be engineered, oriented strand board. Alternate equivalent materials maybe allowed by authority having jurisdiction.

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83578.00000\44502623.1
Chapter 15.54

CALIFORNIA ADMINISTRATIVE CODE ADOPTED
Sections:

15.54.010 California Administrative Code— Adopted.

15.54.010 California Administrative Code—Adopted.

The 20225 Edition of the California Administrative Code, known as the California Code of Regulations, Title 24, Part 1, published by the California Building Standards Commission, is hereby adopted including all appendices, and without amendments.

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83578.00000\44502623.1
Chapter 15.55

CALIFORNIA REFERENCED STANDARDS CODE

ADOPTED
Sections:

15.55.010 California Referenced Standards Code— Adopted.

15.55.010 California Referenced Standards Code—Adopted.

The 20225 Edition of the California Building Standards Code, known as the California Code of Regulations, Title 24, Part 12, published by the California Building Standards Commission, is hereby adopted including all appendices, and without amendments.

Agenda Item #12.1.

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83578.00000\44502623.1
Chapter 15.56

CALIFORNIA WILDLAND-URBAN INTERFACE CODE

ADOPTED
Sections:

15.56.010 California Wildland-Urban Interface Code—Adopted.

15.56.020 California Wildland-Urban Interface Code—Amendments.

15.56.010 California Wildland-Urban Interface Code—Adopted.

The 2025 Edition of the California Building Standards Code, known as the California Code of Regulations, Title 24, Part 7, published by the California Building Standards Commission, is hereby adopted in its entirety with the following amendments.

15.56.020 California Wildland-Urban Interface Code—Amendments.

A. Section 103.1.1., Application Date and Where Required, is amended by adding:
“land designated by cities and other local agencies including:

2.1 Moderate Fire Hazard Severity Zones

2.2 High Fire Hazard Severity Zones

2.3 Very high Fire hazard Severity Zones”
A. Section 604.6, Defensible Space for Structures and Roads, is added to read as follows:

A. General. Persons owning, leasing, controlling, operating or maintaining buildings or structures in, upon or adjoining hazardous fire areas, and persons owning, leasing or controlling land adjacent to such buildings or structures, shall at all times:

1. Maintain an effective fuel break by removing and clearing away flammable vegetation and combustible material from areas within 150 feet of buildings and structures;
Exception: Single specimen trees, ornamental shrubbery or similar plants used as ground covers, provided they do not form a means of rapidly transmitting fire from the native growth to any structure.

2. Remove portions of trees which extend within 10 feet of the outlet of a chimney;
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3. Maintain trees adjacent to or overhanging a building free of deadwood; and

4. Maintain the roof of a structure free of leaves, needles or other dead vegetative growth.

5. Remove all limbs from trees up to no less than 6 feet from the ground.

B. Roadways. The Fire Code Official is authorized to cause areas within 10 feet on each side of portions of all roads, driveways and fire department access roads which are improved, designed or ordinarily used for vehicular traffic to be cleared of flammable vegetation and other combustible growth. The Fire Code Official is authorized to enter upon private property to do so.

Exception: Single specimens of trees, ornamental shrubbery or cultivated ground cover provided they do not form a means of readily transmitting fire.

C. Corrective Actions. The Fire Code Official is authorized to give notice to the owner of the property upon which conditions regulated by this section exist to correct such conditions. If the owner fails to correct such conditions, the Fire Code Official is authorized to cause the same to be done and make the expense of such correction a lien upon the property where such condition exists.

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CITY OF ST. HELENA
ORDINANCE NO. _____
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ST. HELENA, CALIFORNIA, ADOPTING BY REFERENCE THE 2025 CALIFORNIA BUILDING CODE; THE 2025 CALIFORNIA MECHANICAL CODE; THE 2025 CALIFORNIA ENERGY CODE; THE 2025 CALIFORNIA PLUMBING CODE; THE 2025 CALIFORNIA ELECTRICAL CODE; THE 2025 CALIFORNIA RESIDENTIAL CODE; THE 2025 CALIFORNIA EXISTING BUILDING CODE; THE 2025 CALIFORNIA GREEN BUILDING STANDARDS CODE; THE 2025 CALIFORNIA ADMINISTRATIVE CODE; THE 2025 REFRENCED STANDARDS CODE; THE 2025 CALIFORNIA HISTORICAL BUILDING CODE; THE 2025 CALIFORNIA FIRE CODE; THE 2025 CALIFORNIA WILDLAND-URBAN INTERFACE CODE; INCLUDING APPENDICES IDENTIFIED HEREIN; TOGETHER WITH CERTAIN AMENDMENTS, ADDITIONS, DELETIONS, AND PENALTIES; AND AMENDING TITLE 15 OF THE ST. HELENA MUNICIPAL CODE.

WHEREAS, the California Building Standards Commission (“Commission”) adopts a comprehensive update to the California Building Standards Code (codified as Title 24 of the California Code of Regulations) every three years.

WHEREAS, the Commission adopted the 2025 California Building Standards Code which will go into effect on January 1, 2026.

WHEREAS, pursuant to California Government Code Section 50022.1 et seq., the City of St. Helena (City) may adopt by reference the California Building Standards Code 2025 Edition, with local amendments, as provided for in Title-24 of the California Code of Regulations; and
WHEREAS, the City is authorized pursuant to Health & Safety Code Sections 17958.5 and 18941.5 and California Government Code Section 50022.2 to adopt amendments to the 2025 Code in order to incorporate appendices, address unique administrative requirements of the City, and in order to modify building standards to the extent that the modifications are reasonably necessary because of local climatic, geological, or topographical conditions.

WHEREAS, notwithstanding the above, California Health & Safety Code Section 17958.5 (c) prohibits cities and counties from making any change or modification to the building standards in the California Building Standards Code that would affect residential units, unless a specified exception applies.

WHEREAS, the City has previously adopted local amendments to previous versions of the California Building Standards Code, and codified those local amendments in Title 15 of the St. Helena Municipal Code.

WHEREAS, the St. Helena Community Development Department and/or the Fire Chief Agenda Item #12.1.

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have recommended that changes and modifications be made to the California Building Standards Code, including modifications to certain building standards, in order to more fully safeguard life and property due to the local conditions in the City of St. Helena.

Other recommended changes and modifications are of an administrative or procedural nature or concern themselves with subjects not covered by the Codes.

WHEREAS, on January 13, 2026, the City Council held the first reading of the Ordinance to amend Title 15 of the St. Helena Municipal Code to adopt the 2025 California Building Standards Code (Title 24 of the California Code of Regulations), including the local amendments specific to the City of St. Helena (the “Ordinance”).

WHEREAS, on January 13, 2026, the City Council held a duly noticed public hearing to consider the Ordinance making findings and determinations that modifications to the California Building Standards Code and Fire Code are reasonably necessary to address unique administrative requirements of the City and because of local climatic, geological, or topographical conditions.

WHEREAS, the City Council finds that it is to the benefit of the City of St. Helena to adopt the 2025 California Building Standards Code, as amended by this Ordinance, because it provides minimum standards to safeguard life or limb, health, property, and public welfare by regulating and controlling the design, construction, quality of materials, use and occupancy, location, and maintenance of all buildings and structures within the City.

WHEREAS, any and all other legal prerequisites relating to the adoption of this Ordinance have occurred.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ST. HELENA DOES ORDAIN AS FOLLOWS:

SECTION 1: Findings. The City Council; hereby finds that the proposed amendments to the 2025 California Building Standards Code are reasonably necessary because of local climatic, geologic, or topographic conditions, and adopts the findings provided below to support the modifications to the 2025 California Building Standards Code.

I. The city is characterized by a narrow valley floor surrounded and intermingled with steep hill terrain, containing areas which are very susceptible to wildland fires. Wildland fires are considered a significant threat in St. Helena. Native vegetation of brush, woodland, grassland and forest become extremely flammable during summer months.

Drought cycles appear in this area every seven to eleven (11) years.

II. Earthquake is considered to be one of the most potentially destructive threats to life and property in the city. A moderate to severe seismic event on any of the several fault zones in relatively close proximity to St. Helena is expected to cause extensive property damage, disruptions to communications systems, and damage to public utility systems.

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III. St. Helena is divided geographically into two parts by the north to south flow of the Napa River. Significant damaging flooding occurs in portions of the city approximately every 5 to ten (10) years. Warnings are usually given several hours to a few days before such floods. This natural barrier can serve as a severe impediment to the delivery of public safety services because of the severity of slopes, and the existence of natural barriers such as the Napa River, Sulphur Creek, and York Creek.

IV. Administrative. This amendment is also necessary for administrative clarifications that do not modify a building standard pursuant to California Health & Safety Code Sections 17958, 17985.7, and/or 18941.5. This amendment establishes administrative standards in the City of St. Helena.

The findings above are applicable to amendments to the 2025 California Building Code, California Electrical Code, California Residential Code, California Existing Building code, California Green Building Standards Code, and the California Wildland-Urban Interface Code, as detailed in the following tables:

CODE

SECTION

CALIFORNIA BUILDING CODE LOCAL AMENDMENTS FINDINGS
104.1 General IV
114.4 Violation Penalties IV
105.2 Work Exempt from Permit I, II, III, IV
109.2 Schedule of Permit Fees IV
109.6 Refunds IV
502.1 Address Identification I, II, III, IV
3109.2 California Swimming Pool Safety Act (statewide) I, II, III, IV Appendix
J Grading I, II, III, IV
J103.1 Permits Required IV
J103.2 Exemptions I, II, III, IV
J106.1 Maximum Slope I, II, III, IV
J109.1 General I, II, III, IV
J109.3 Interceptor Drains I, II, III, IV
J109.4 Drainage Across Property Lines I, II, III, IV
J110.1 General I, II, III, IV
CODE

SECTION

CALIFORNIA ELECTRICAL CODE LOCAL AMENDMENTS FINDINGS
230.70(A)(1
)
Readily Accessible Location I, II, III, IV
Commented [1]: Please insert the appropriate findings for each local amendment.

Agenda Item #12.1.

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I. The city is characterized by a narrow valley floor surrounded and intermingled with steep hill terrain, containing areas which are very susceptible to wildland fires. Wildland fires are considered a significant threat in St. Helena. Native vegetation of brush, woodland, grassland and forest become extremely flammable during summer months.

Drought cycles appear in this area every seven to eleven (11) years.

II. Earthquake is considered to be one of the most potentially destructive threats to life and property in the city. A moderate to severe seismic event on any of the several fault zones in relatively close proximity to St. Helena is expected to cause extensive property damage, 702.5 Transfer Equipment I, II, III, IV
CODE

SECTION

CALIFORNIA RESIDENTIAL CODE LOCAL

AMENDMENTS

FINDINGS
R309.2 One and Two-Family Dwellings Automatic Sprinkler Systems I, II, III, IV
R313.1 Minimum Height I, II, III, IV
CODE

SECTION

CALIFORNIA EXISTING BUILDING CODE LOCAL

AMENDMENTS

FINDINGS
1401.3 Moved Structures I, II, III, IV
Appendix
A
Seismic Strengthening Provisions for Unreinforced
Masonry Bearing Wall Buildings I, II, III, IV
A106.2.3.5 Number of Tests I, II, III, IV
CODE

SECTION

CALIFORNIA GREEN BUILDING STANDARDS CODE

LOCAL AMENDMENTS

FINDINGS
101.3 Scope I, II, III, IV

4.303.1 Water Conserving Plumbing Fixtures and Fittings I, II, III, IV

4.503 Fireplaces I, IV
Appendix
A4 Residential Voluntary Measures I, II, III, IV
A403.2 Reduction in Cement Use I, II, III, IV
A404.4 Building Systems I, II, III, IV
CODE

SECTION

CALIFORNIA WILDLAND-URBAN INTERFACE CODE

LOCAL AMENDMENTS

FINDINGS
604.6 Defensible Space for Structures and Roads I, IV
Agenda Item #12.1.

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disruptions to communications systems, and damage to public utility systems.

III. St. Helena is divided geographically into two parts by the north to south flow of the Napa River. Significant damaging flooding occurs in portions of the city approximately every 5 to ten (10) years. Warnings are usually given several hours to a few days before such floods. This natural barrier can serve as a severe impediment to the delivery of public safety services because of the severity of slopes, and the existence of natural barriers such as the Napa River, Sulphur Creek, and York Creek.

IV. Administrative. This amendment is also necessary for administrative clarifications that do not modify a building standard pursuant to California Health & Safety Code Sections 17958, 17985.7, and/or 18941.5. This amendment establishes administrative standards in the City of St. Helena.

The findings above are applicable to amendments to the 2025 California Fire Code, as detailed in the following table:

CODE

SECTION

CALIFORNIA FIRE CODE LOCAL AMENDMENTS FINDINGS
113.4 Violation Penalties IV
110.7 Unsafe Buildings or Property I, IV
114.4 Failure to Comply IV
307.1 General I, IV
304.1.3 Vegetation I, IV
501.3 Construction Documents IV
503 Fire Apparatus Roads I, II, III, IV
503.4.1 Traffic Calming Devices I, II, III, IV
506.1 Where Required I, IV
605.7 Incinerators I, IV
606.2 Where Required I, IV
901.1 Scope I, II, III, IV
901.2.1 Construction Documents IV
903.2 Where Required I, II, III, IV
903.2.1 Group A I, II, III, IV
903.2.1.1 Group A-1 I, II, III, IV
903.2.1.2 Group A-2 I, II, III, IV
903.2.1.3 Group A-3 I, II, III, IV
903.2.1.4 Group A-4 I, II, III, IV
903.2.1.5 Group A-5 I, II, III, IV
903.2.1.5.1 Spaces Under Grandstands or Bleachers I, II, III, IV 903.2.1.6 Assembly Occupancies on Roofs I, II, III, IV
Commented [2]: Please insert the appropriate findings for this local amendment.

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903.2.1.7 Multiple Fire Areas I, II, III, IV
903.2.2 Group B I, II, III, IV
903.2.2.1 Ambulatory Care Facilities I, II, III, IV
903.2.2.2 Laboratories Involving Research and Development or Testing I, II, III, IV
903.2.3 Group E I, II, III, IV
903.2.4 Group F-1 I, II, III, IV
903.2.4.1 Woodworking Operations I, II, III, IV
903.2.4.2 Group F-1 Distilled Spirits I, II, III, IV
903.2.4.3 Group F-1 Upholstered Furniture or Mattresses I, II, III, IV 903.2.5 Group H I, II, III, IV
903.2.5.1 General I, II, III, IV
903.2.5.3 Pyroxylin Plastics I, II, III, IV
903.2.5.4 Group H Occupancies 11th Story and Above I, II, III, IV 903.2.6 Group I I, II, III, IV
903.2.6.1 Group I-2 I, II, III, IV
903.2.6.2 Group I-3 I, II, III, IV
903.2.7 Group M I, II, III, IV
903.2.7.1 High-Piled Storage I, II, III, IV
903.2.7.2 Group M Upholstered Furniture or Mattresses I, II, III, IV 903.2.7.3 Lithium-Ion or Lithium Metal Battery Storage I, II, III, IV 903.2.8 Group R I, II, III, IV
903.2.8.1 Group R-3 I, II, III, IV
903.2.8.3 Care Facilities I, II, III, IV
903.2.9 Group S-1 I, II, III, IV
903.2.9.1 Repair Garages I, II, III, IV
903.2.9.2 Bulk Storage of Tires I, II, III, IV
903.2.9.3 Group S-1 Distilled Spirits I, II, III, IV
903.2.9.4 Group S-1 Upholstered Furniture or Mattresses I, II, III, IV 903.2.10 Group S-2 Parking Garages I, II, III, IV
903.2.10.1 Commercial Parking Garages I, II, III, IV
903.2.10.2 Mechanical-Access Enclosed Parking Garages I, II, III, IV 903.2.11 Specific Buildings Areas and Hazards I, II, III, IV 903.2.11.1 Stories Without Openings I, II, III, IV
903.2.11.2 Rubbish and Linen Chutes I, II, III, IV
903.2.11.3 Buildings 55 Feet or More in Height I, II, III, IV 903.2.11.4 Ducts Conveying Hazardous Exhausts I, II, III, IV 903.2.11.5 Commercial Cooking Operations I, II, III, IV 903.2.14
Motion Picture and Television Production Studio Sound
Stages, Approved Production Facilities and Production
Locations

I, II, III, IV
903.2.14.1 Existing Sound Stages and Approved Production I, II, III, IV Agenda Item #12.1.

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SECTION 2: Compliance with CEQA. Pursuant to Section 15060(c)(2) of the California Environmental Quality Act (CEQA) Guidelines, the City Council finds that this Ordinance will not result in a direct or reasonably foreseeable physical change in the environment and therefore is not subject to the CEQA. Additionally, pursuant to Section 15060 (c)(3), Facilities
903.2.14.2 New Sound Stages I, II, III, IV
903.2.15 Automatic Sprinkler System – Existing High-Rise Buildings I, II, III, IV
903.2.15.1 Existing R-1 and R-2 High-Rise Buildings FireExtinguishing Systems I, II, III, IV 903.2.16 Group L Occupancies I, II, III, IV
903.2.16.1 Group L Occupancies Located on the 11th Story and Above I, II, III, IV
903.2.17 Automatic Sprinkler System I, II, III, IV
903.2.18 Group U Private Garages and Carports Accessory to Group R-3 Occupancies I, II, III, IV
903.2.19
Public School State-Funded Construction Projects for
Kindergarten Through 12th Grade – Automatic Sprinkler
System Requirements

I, II, III, IV
903.2.19.1 New Public School Campus I, II, III, IV
903.2.20 Public School Campuses I, II, III, IV
903.2.21 Required Exterior Entrance Covers I, II, III, IV 907.1.6 False Alarms IV
Appendix
C
Fire Hydrant Locations and Distribution I, II, III, IV
C102.2 Fire Department Connections I, II, III, IV
507.1 Required Water Supplies I, II, III, IV
Appendix
B
Fire Flow Requirements for Buildings I, II, III, IV
B105.1 One- and Two- Family Dwellings, Group R-3 and R-4 Buildings and Townhouses I, II, III, IV
Appendix
D
Fire Apparatus Access Roads I, II, III, IV
D103.2 Grade I, II, III, IV
D103.1 Access Road Width with a Hydrant I, II, III, IV
D103.5 Fire Apparatus Access Road Gates I, II, III, IV
D107.1 One or Two-Family Residential Developments I, II, III, IV D107.3 Gated Entrances I, II, III, IV
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the activity is not a “project” as defined in Section 15378 because it has no potential for resulting in physical change to the environment, directly or indirectly.

SECTION 3: Amendment of Title 15. Title 15 of the St. Helena Municipal Code is hereby amended to read in its entirety as shown on Exhibit A and Exhibit B, attached hereto and incorporated herein by reference.

SECTION 4: Severability. The City Council hereby declares every section, paragraph, sentence, clause and phrase is severable. If any section, paragraph, sentence, clause or phrase of this ordinance is for any reason found to be invalid or unconstitutional, such invalidity, or unconstitutionality shall not affect the validity or constitutionality of the remaining sections, paragraphs, sentences, clauses or phrases.

SECTION 5: Inclusion in the St. Helena Municipal Code. It is the intention of the St.

Helena City Council that the text in Exhibit A and Exhibit B of this Ordinance be made a part of the St. Helena Municipal Code and that the text may be renumbered or relettered and the word "Ordinance" may be changed to "Section," "Chapter," or such other appropriate word or phrase to accomplish this intention.

SECTION 6: Effective Date. This Ordinance and all codes referenced shall take effect the latter of 30 days from the adoption of this Ordinance, or January 1, 2026. Projects for which a building permit application and building plans have been submitted prior to the effective date of this Ordinance, and for which building permits have been obtained within 365 days from the effective date of this Ordinance, shall be exempt from the provisions of this Ordinance. Projects for which a building permit application and building plans have been submitted prior to the effective date of this Ordinance, and building permits have not been obtained within 365 days from the effective date of this Ordinance, shall be subject to all the provisions of this Ordinance and the codes referenced.

THE FOREGOING ORDINANCE was introduced at a regular meeting of the St. Helena City Council on the 13th day of January 2026, and was adopted at a regular meeting of the St. Helena City Council on the 24th day of February 2026, by the following vote:

Mayor Dohring: _____
Vice Mayor Deasy: _____
Councilmember Barak: _____
Councilmember Spadarotto: _____
Councilmember Summers: _____
Agenda Item #12.1.

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APPROVED:
___________________________________
Paul Jamison Dohring, Mayor
ATTEST:

CITY OF ST. HELENA
___________________________________
Andrew Bradley, City Clerk
I, Andrew Bradley, CITY CLERK of the City of St. Helena, California, do hereby certify that the foregoing Ordinance was regularly introduced and placed upon its first reading at a regular meeting of the City Council on the 13th day of January 2026. That thereafter said Ordinance was duly adopted and passed at a regular meeting of the City Council on the 24th day of February 2026, by the following vote:

Mayor Dohring: _____
Vice Mayor Deasy: _____
Councilmember Barak: _____
Councilmember Spadarotto:_____
Councilmember Summers: _____
Agenda Item #12.1.

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Public Comment on Item 12.1, Feb. 24 2026 City Council Meeting Dear Mayor and City Council,
I’m writing with concerns about the City’s adoption of the 2025 California Building Code. There are numerous complex changes to the Building Code, Fire Code, Energy Code, and others that are being proposed. Since these are major policy changes that affect safety and housing costs that will eventually fall on property owners, it is not clear why this needs to be rushed through now, as even the staff report states that the City has until the end of the year to adopt the updates. The proposed Energy Code changes that require heat pumps, solar panels, and battery storage will add considerably to the cost of a home. If the goal is to promote more housing development, then mandating these expensive improvements would seem to be at odds with this. The city should provide estimates of these additional costs so that impacted property owners can provide input. The new changes also appear to let builders get building permits before they submit sprinkler and fire safety plans. This is not sound policy since the city should verify that these plans are effective and workable before new structures are built. The Fire Access Roads section also appears to be revised to delete section D’s two-road requirements, but it doesn’t explain what that means or provide an explanation. Fire safety concerns certainly have not decreased since the 2022 Code, and if anything they have increased considerably in light of last year’s fires in LA and more relevant to St Helena, the recent Pickett fire at the edge of Calistoga. There also appear to be several significant changes to code sections addressing RV and trailer habitation, but it is unclear why these are necessary for St. Helena. If the city intends to allow more people to live in RVs and mobile homes there should be more public discussion. The staff report says the ordinance is exempt from environmental review under CEQA’s “General Rule,” but these changes clearly could have an impact, for example, reducing fire safety standards or adding new building energy requirements, or allowing for more trailer parks.

Thank you for your time and consideration.

Daniel Hale
1565 Pine Street.

Agenda Item #12.1.

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P.O. BOX 2 ♦ ST. HELENA ♦ CA ♦ TEL. 707.963-5461 ♦ www.leongarch.com ♦ [email protected] February 24, 2026
Via Email
Mayor Paul Dohring
Vice Mayor Michelle Deasy
Council Member Aaron Barak
Council Member Kate Spadarotto
Council Member Billy Summers
RE: St. Helena Fire 2025 Code Adoption
Dear Mayor Dohring, Vice Mayor Deasy, and Council Members Barak, Spadarotto, and Summers:

I want to address the proposed amendments to Chapter 15 concerning Appendix D of the California Fire Code.

Appendix B addresses fire flow and water supply. Appendix D governs fire apparatus access roads — the physical routes that allow emergency responders to enter a site and residents to evacuate during a fire. In prior code cycles, St. Helena adopted Appendix D as part of Chapter 15.36 and incorporated local modifications addressing access road requirements.

The staff report indicates that “Section D” has been deleted from §15.36.100. That is not a minor edit. It affects how the City regulates emergency access for larger residential developments.

I want to be very clear: I strongly oppose reducing fire code requirements in order to facilitate more housing production.

Fire access standards are life-safety standards. They are not discretionary design preferences. They determine whether fire apparatus can reach a structure during a wind-driven event, whether a blocked roadway leaves residents without a secondary exit, and whether responders have redundancy if one route is compromised.

Housing supply is an important public policy goal. But it should not be advanced by weakening fire protection requirements. Increased density without robust emergency access increases risk — particularly in a community with constrained geography and documented wildfire exposure.

If the City is moving back to less stringent access standards, that is a policy choice. It should be acknowledged as such. In my view, public safety should not be reduced to accommodate development pressure.

Respectfully,
Wayne Leong
Agenda Item #12.1.

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