Agenda packet, regular meeting — St. Helena City Council, May 12, 2026

City of St. Helena
City Council Regular Meeting
Tuesday, May 12, 2026 @ 6:00 PM
Vintage Hall Board Room - Second Floor
465 Main Street, St. Helena CA
PLEASE NOTE: Any person who wishes to speak regarding an item on the agenda or make a comment under the "Public Forum" portion of the agenda may do so, but please observe the time limit of four minutes.

The City Council meeting will be live-streamed on Comcast Channel 28 and on the City’s website.

Public comment for City Council meetings will be accepted via email via to [email protected]. All public comments must be received three hours prior to the meeting. All other public comments received after the deadline will be attached to the item the next business day or soon thereafter. Public comments will not be read out loud but will be publicly available and attached to the online City Council agenda.

To ensure interpreters are available, requests must be made at least 72 hours in advance by calling the Office of the City Clerk at (707) 968-2640 or emailing [email protected].

The schedule of upcoming meetings and published meeting agendas can be found on the City of St. Helena website at cityofsthelena.gov.

Servicios de interpretación en español durante la reunión pueden ser solicitados por el público.

Para asegurar que los intérpretes estén disponibles, los servicios tienen que ser solicitados al menos 72 horas antes de la reunión llamando a la oficina de la Secretaria de la Ciudad al (707) 968-2640 o por correo electrónico a [email protected].

El horario de las reuniones publicadas y próximas puede ser localizado en el sitio de web de la Ciudad en cityofsthelena.gov

1. CALL TO ORDER

2. ROLL CALL
Mayor: Paul Dohring, Vice Mayor: Michelle Deasy, City Council Members: Aaron Barak, Kate Spadarotto

3. PLEDGE OF ALLEGIANCE

4. ADOPTION OF THE AGENDA

5. APPROVAL OF THE MINUTES

5.1. Regular City Council Minutes of April 28, 2026

5.2. Special City Council Minutes of May 5, 2026

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6. PUBLIC FORUM
Members of the public are entitled to speak on matters of municipal concern not on the agenda during Public Forum. Each person’s comments shall be limited to 4 minutes. Each person is entitled to speak on any non-agendized item only once at any meeting. Brief questions by Council Members for clarifications may be posed and answered, and Council Members may make requests that items be placed on future agendas, but in accordance with state law, no substantive discussion or action may take place unless and until the matter properly appears on the agenda.

7. REPORTS BY STAFF AND CITY COUNCIL, FUTURE AGENDA ITEMS, AND AB 1234 REPORTS
Reports by staff and/or Council Members on items of general interest. Brief questions for clarification may be posed and answered, and Council Members may request that items be placed on a future agenda. Except under certain circumstances, the Brown Act prohibits any other discussion or action by the City Council.

Estimated start time: 6:15 p.m.

8. PRESENTATIONS AND PUBLIC RECOGNITIONS

9. STAFF BRIEFING AND PRESENTATIONS

9.1. Discussion Regardining A-Frame Signs - Policy Background, Current Regulations, and Council Options.

CEQA Determination: Not a CEQA Project (CEQA Guidelines §15378).

Prepared By: Jackie Oneal, Senior Planner
Recommendation: Receive the report, hear public comment, and provide direction to staff.

For Council discussion, a range of potential policy approaches is outlined below, including, but not limited to:
• Maintain the current regulations without modification • Modify existing standards to address location, number, or timing of Aframe signs • Limit A-frame signs to specific circumstances, such as new businesses or certain hours of operation
• Prohibit A-frame signs, consistent with the prior zoning code, with consideration of transition or phase-out options
Any direction to modify the current regulations would require a zoning code amendment and review by the Planning Commission prior to City Council adoption. Implementation timing and transition provisions may also be considered as part of any future action. Council direction will inform whether staff returns with a proposed zoning code amendment for Planning Commission review.

9.2. Proclaiming May 17-23, 2026 National Public Works Week

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10. CONSENT ITEMS
Members of the Council or the public (present at the meeting) may ask that any items be considered individually for purposes of considering alternative action, for extended discussion, or for public comment. Unless that is done, one motion may be used to adopt all recommended actions. (Roll Call Vote) Estimated start time: 6:30 p.m.

10.1.Consideration of Authorizing Additional Staffing Support and Budget Allocation to Assist the Office of the City Clerk in Managing Increasing Requests Under the California Public Records Act, Including Funding for Information Technology Support in the Amount of $22,500 Utilizing General Fund Reserves.

CEQA Determination: Not a CEQA Project (CEQA Guidelines §15378) Prepared By: Andrew Bradley, Program Manager (City Clerk) Recommendation: Adopt a Resolution to:

1. Authorize additional staffing support with Regional Government Services within the Office of the City Clerk to assist with the processing and management of Public Records Act requests.

2. Approve supplemental budget allocation to cover increased costs associated with Information Technology support related to Public Records Act responses with APEX.

3. Direct staff to include ongoing funding considerations for PRA response management in future budget discussions if the upward trend in requests continues.

10.2.Resolution authorizing a ceremonial flag recognizing LGBTQ+ Pride Month during the month of June 2026.

CEQA Determination: Not a CEQA Project (CEQA Guidelines §15378) Prepared By: Andrew Bradley, Program Manager (City Clerk) Recommendation: Approve a resolution authorizing the Progress Pride flag to be flown on the City's ceremonial flag pole during the month of June 2026.

11. PUBLIC HEARINGS

12. OLD BUSINESS

13. NEW BUSINESS
Estimated start time: 6:45 p.m.

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13.1.Referendum Petition Challenging a City Council Ordinance protesting a portion of Ordinance No. 2026-03
CEQA Determination: Not a CEQA Project (CEQA Guidelines §15378) Prepared By: Andrew Bradley, Program Manager (City Clerk) , Ethan Walsh, City Attorney, BBK
Recommendation: That the City Council:

1. Receive, file, and accept the certificate of sufficiency of referendum petition signatures as valid in all respects.

2. Select one of the following two options:

A. Repeal the challenged portion of the ordinance in its entirety; or B. Submit the challenged portion of the ordinance to St. Helena voters at the next regular municipal election that is not less than 88 days after the date of calling the election, which is November 3, 2026.

13.2.Consideration of Process for Appointment to Fill City Council Vacancy CEQA Determination: Not a CEQA Project (CEQA Guidelines §15378) Prepared By: Andrew Bradley, Program Manager (City Clerk) Recommendation: Fill the vacancy via an appointment (as opposed to an election) created by Council Member Summers after being absent for more than 60 days consecutively from the last regular meeting he attended. Utilize the proposed process and timeline Council for the appointment of a new City Council Member.

14. CITY COUNCIL REPORTS

15. ADJOURNMENT
The next Regular City Council meeting is scheduled for May 26, 2026 at 6 p.m.

This agenda was posted at City Hall, 1088 College Avenue, and at Vintage Hall, 465 Main Street, St. Helena, California on May 8, 2026.

Andrew Bradley, City Clerk
In Compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please call the City Clerk’s Office (707) 967-2792. Notification 72 hours prior to the meeting as required by Section 202 of the Americans with Disabilities Act will enable the City to make reasonable arrangements to ensure accessibility to this meeting.

CHALLENGING DECISIONS OF CITY ENTITIES
The time limit within which to commence any lawsuit or legal challenge to any quasi-adjudicative decision made by the City of St. Helena is governed by Section 1094.6 of the Code of Civil Procedure, unless a shorter limitation period is specified by any other provision, including without limitation Government Code section 65009 applicable to many land use and zoning decisions, Government Code section 66499.37 applicable to the Subdivision Map Act, and Public Resources Code section 21167 applicable to the California Environmental Quality Act (CEQA).

Under Section 1094.6, any lawsuit or legal challenge to any quasi-adjudicative decision made by the City must be filed no later than the 90th day following the date on which such decision

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becomes final. Any lawsuit or legal challenge, which is not filed within that 90-day period, will be barred. Government Code section 65009 and 66499.37, and Public Resources Code section 21167, impose shorter limitations periods and requirements, including timely service in addition to filing.

If a person wishes to challenge the above actions in court, they may be limited to raising only those issues they or someone else raised at the meeting described in this notice, or in written correspondence delivered to the City of St. Helena, at or prior to the meeting. In addition, judicial challenge may be limited or barred where the interested party has not sought and exhausted all available administrative remedies.

SUPPLEMENTAL MATERIAL RECEIVED AFTER THE POSTING OF THE AGENDA Any supplemental writings or documents distributed to a majority of the City Council regarding any item on this Agenda, after the posting of the Agenda, will be available for public review in the City Clerk’s Office located at 1088 College Avenue, St. Helena, California, during normal business hours and by appointment. In addition, such writings or documents will be made available on the City’s website at cityofsthelena.gov and will be available for public review at the respective meeting.

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MINUTES
City of St. Helena
Regular City Council Meeting
Tuesday, April 28, 2026 @ 6:00 PM
Vintage Hall Board Room - Second Floor
465 Main Street, St. Helena CA
A complete video recording of this meeting, except for closed session, can be found at cityofsthelena.gov or by calling the City Clerk at (707) 968-2742. The City Council video is the official record of the Council meeting.

Present: Mayor Paul Dohring, Vice Mayor Michelle Deasy, City Council Member Aaron Barak, City Council Member Kate Spadarotto

Absent:

1. CALL TO ORDER
Mayor Dohring called the meeting to order at 6:06 p.m.

2. ROLL CALL
Mayor: Paul Dohring, Vice Mayor: Michelle Deasy, City Council Members: Aaron Barak, Kate Spadarotto

3. PLEDGE OF ALLEGIANCE
Mayor Dohring led the Pledge of Allegiance.

4. ADOPTION OF THE AGENDA
City Council Member Aaron Barak moved to adopt the agenda. The motion was seconded by Vice Mayor Michelle Deasy and on roll call carried by the following vote:

AYES: Mayor Paul Dohring, Vice Mayor Michelle Deasy, City Council Member Aaron Barak, City Council Member Kate Spadarotto
NOES: None
ABSENT: None
ABSTAIN: None
RECUSE: None

5. APPROVAL OF THE MINUTES

5.1. Regular City Council Meeting Minutes of April 14, 2026

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City Council Member Aaron Barak moved to approve the Regular City Council meeting minutes of April 14, 2026. The motion was seconded by Vice Mayor Michelle Deasy and on roll call carried by the following vote:

AYES: Mayor Paul Dohring, Vice Mayor Michelle Deasy, City Council Member Aaron Barak, City Council Member Kate Spadarotto
NOES: None
ABSENT: None
ABSTAIN: None
RECUSE: None

6.1. Public Comment
No public comment was received.

Interim City Manager Jim McCann congratulated staff, volunteers, and all participants in the Sesquicentennial Parade. He also provided comments on the budget and announced the appointment of Lieutenant Justin Tharp as Interim Chief of Police.

8. PRESENTATIONS AND PUBLIC RECOGNITIONS

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9. STAFF BRIEFING AND PRESENTATIONS
City Attorney Ethan Walsh reported on the Special Closed Session meeting of April 28, 2026, regarding existing litigation involving the Saint Helena Neighborhood Association. The City Council unanimously directed the City Attorney to respond to the lawsuit.

Assistant City Manager/Director of Public Works Joe Leach announced a Special City Council meeting for Tuesday, May 5th at 4:00 p.m.to consider the adoption of the Streets Master Plan.

10.1.Consideration and approval of a resolution authorizing a temporary closure of a portion of Hunt Avenue on Saturday, June 20, 2026, from 6:00a.m. to 8:00p.m., for a Pride Celebration event; and (2) authorizing mobile vendors to park and operate on the closed portion of Hunt Avenue during the event; and (3) a permit allowing the possession of open alcoholic beverages on the closed portion of Hunt Avenue for the event.

CEQA Determination: Not a CEQA Project (CEQA Guidelines §15378) Prepared By: Rebecca White, Administrative Assistant
Recommendation: Staff recommends approval of the attached resolution.

10.2.Consideration and approval of a resolution authorizing a temporary closure of Adams Street and Library Lane on Sunday, June 21, 2026, from 6:00a.m. to 6:00p.m.; and (2) mobile vendors to park and operate on Library Lane during the car show event; and (3) a permit allowing the possession of open alcoholic beverages on the closed portions of Adams Street and Library Lane for the Rianda House Car Show event.

CEQA Determination: Not a CEQA Project (CEQA Guidelines §15378) Prepared By: Rebecca White, Administrative Assistant
Recommendation: Staff recommends approval of the attached resolution.

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10.3.March 2026 Review and Forecasting of City Water Supply Availability CEQA Determination: Not a CEQA Project (CEQA Guidelines §15378) Prepared By: Rebecca White, Administrative Assistant
Recommendation: Receive and file.

10.4.Consideration and approval of a Public Utility Easement Deed between the City of St. Helena and PG&E and authorization to record the Easement Deed with the County of Napa.

CEQA Determination: Not a CEQA Project (CEQA Guidelines §15378) Prepared By: Eric Janzen, Asst. PW Director
Recommendation: Staff recommends City Council approve the attached Resolution and approve the Public Utility Easement Deed between PG&E and the City of St. Helena.

City Council Member Aaron Barak moved to approve the consent calendar.

The motion was seconded by Vice Mayor Michelle Deasy and on roll call carried by the following vote:

AYES: Mayor Paul Dohring, Vice Mayor Michelle Deasy, City Council Member Aaron Barak, City Council Member Kate Spadarotto
NOES: None
ABSENT: None
ABSTAIN: None
RECUSE: None

11. PUBLIC HEARINGS

12. OLD BUSINESS

13. NEW BUSINESS
Estimated start time: 6:30 p.m.

13.1.Water Treatment Plant Condition Assessment Report Acceptance CEQA Determination: Not a CEQA Project (CEQA Guidelines §15378) Prepared By: Bruce Zaeni, Project Manager
Recommendation: Receive and file the report.

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Interim City Manager Jim McCann introduced the item. Assistant City Manager/Director of Public Works Joe Leach, presented on the item. Project Manager Bruce Zaeni and Andy Smith from West Yost Associates were available for questions.

Mayor Dohring asked for questions from the Council. Questions and comments were made.

Mayor Dohring opened the public comment. No public comment was made.

Council received and accepted the report.

14. CITY COUNCIL REPORTS
Vice Mayor Deasy reported on the Climate Action Committee.

15. ADJOURNMENT
Mayor Dohring adjourned the meeting at 6:38 p.m.

The next Regular City Council meeting is scheduled for May 12, 2026.

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MINUTES
City of St. Helena
Special City Council Meeting
Tuesday, May 5, 2026 @ 4:00 PM
Vintage Hall Board Room - Second Floor
465 Main Street, St. Helena CA
A complete video recording of this meeting, except for closed session, can be found at https://sthelenaca.portal.civicclerk.com/ or by calling the City Clerk at (707) 968-2742.

The City Council video is the official record of the Council meeting.

Present: Mayor Paul Dohring, Vice Mayor Michelle Deasy, City Council Member Aaron Barak, City Council Member Kate Spadarotto

Absent: None.

1. CALL TO ORDER
Mayor Dohring called the meeting to order at 4:04 p.m.

2. ROLL CALL
Mayor: Paul Dohring, Vice Mayor: Michelle Deasy, City Council Members: Aaron Barak, Kate Spadarotto

3. PLEDGE OF ALLEGIANCE
Mayor Dohring led the Pledge of Allegiance.

4. ADOPTION OF THE AGENDA
No motion was made to formally adopt the agenda. The Council proceeded with the agenda as posted.

5. PUBLIC FORUM
Under California law, public comments at special meetings are limited to subjects on the agenda only. Therefore public comment will take place during consideration of the item. Each person’s comments shall be limited to 4 minutes.

5.1. Public Comment
No public comment was made at the meeting.

6. NEW BUSINESS

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6.1. Adopt a resolution accepting the St. Helena Streets Master Plan (May 2026) and directing staff to utilize the Plan to guide future capital improvement planning, grant applications, and transportation project implementation.

AMENDED RESOLUTION 4-30-2026
CEQA Determination: Not a CEQA Project (CEQA Guidelines §15378) Prepared By: Joseph Leach, Director of Public Works
Recommendation: Adoption of the attached resolution.

Interim City Manager Jim McCann introduced the item. Assistant City Manager/Director of Public Works Joe Leach introduced the consultants who joined the meeting virtually. Anjulie Palta, Senior Urban Designer with Tool Design, Ian Barnes, Transportation Engineer/Senior Market Leader and Principal with Fehr & Peers, and Gillian Zhao, Transportation Planner with Fehr & Peers. Anjulie Palta made the presentation followed by remarks by Assistant City Manager/Director of Public Works Leach.

Mayor Dohring opened up the public comment. Public comment was received by Patrick Kenealy, Richard Corsetti and Maria White Calderon.

The discussion was turned over to the Council where questions and comments were made to staff and the consultants.

City Council Member Aaron Barak moved to adopt a resolution accepting the St. Helena Streets Master Plan .The motion was seconded by City Council Member Kate Spadarotto and on roll call carried by the following vote:

AYES: Mayor Paul Dohring, Vice Mayor Michelle Deasy, City Council Member Aaron Barak, City Council Member Kate Spadarotto
NOES: None
ABSENT: None
ABSTAIN: None
RECUSE: None

7. ADJOURNMENT
Mayor Dohring adjourned the meeting at 5:16 p.m.

The next Regular City Council meeting is scheduled for May 12, 2026, at 6 p.m.

APPROVED: ATTEST:
____________________________
Paul Jamison Dohring, Mayor
____________________________
Andrew Bradley, City Clerk

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Agendas Report to the City Council
Agenda Section: STAFF BRIEFING AND PRESENTATIONS
Department: Community Development Department - Planning Division DATE: May 12, 2026
FROM: Jackie Oneal, Senior Planner
SUBJECT: Discussion Regarding A-Frame Signs - Policy Background, Current Regulations, and Council Options.

RECOMMENDED
ACTION:

Receive the report, hear public comment, and provide direction to staff.

For Council discussion, a range of potential policy approaches is outlined below, including, but not limited to:
• Maintain the current regulations without modification • Modify existing standards to address location, number, or timing of A-frame signs
• Limit A-frame signs to specific circumstances, such as new businesses or certain hours of operation
• Prohibit A-frame signs, consistent with the prior zoning code, with consideration of transition or phase-out options Any direction to modify the current regulations would require a zoning code amendment and review by the Planning Commission prior to City Council adoption. Implementation timing and transition provisions may also be considered as part of any future action.

Council direction will inform whether staff returns with a proposed zoning code amendment for Planning Commission review.

PREVIOUS COUNCIL
ACTION:

The City Council adopted the City’s 2023 Zoning Code on October 24, 2023 which included new provisions in Chapter 17.27, Signs.

On January 13, 2026, the Council directed staff to bring forward a discussion item to provide a history of A-Frame sign policies.

STATEMENT OF THE
PURPOSE:

To provide the history of policies and current regulations related to A-Frame signs for Council discussion and potential direction.

FINANCIAL IMPACT: At this time, no direct fiscal impact is anticipated. Any future code amendment could result in minor staff time associated with

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ordinance drafting, public outreach, and enforcement, which would be absorbed within existing resources.

CEQA DETERMINATION: Not a CEQA Project (CEQA Guidelines §15378).

BACKGROUND:

Under the City’s prior Zoning Code (former Chapter 17.148), A-frame signs were explicitly prohibited. The code defined “portable freestanding signs” to include sandwich board signs and A-frames and listed them among prohibited sign types, with no administrative or discretionary permit pathway. As a result, A-frame signs were not a lawful sign type under the prior ordinance.

The 2023 Zoning Code replaced the categorical prohibition with a regulated allowance in SHMC Section 17.27.100, Temporary Signs, as part of a broader update to the City’s sign regulations. As discussed during the Planning Commission and City Council study sessions, the update was informed in part by the U.S. Supreme Court decision in Reed v. Town of Gilbert (2015), which requires that sign regulations be content-neutral and instead regulate signs based on time, place, and manner. The update introduced a defined set of temporary sign types, including A-frame signs, regulated by standards for size, placement, and operation.

A-frame signs are allowed consistent with the chapter’s stated purpose, which includes objectives ranging from ensuring signs are compatible with the City’s character and desired development patterns, to balancing public and private objectives by allowing commercial and noncommercial messaging, to promoting pedestrian and traffic safety by reducing cluttered and distracting signage, and protecting and enhancing the streetscape and local economy, as well as providing clear, enforceable sign standards.

DISCUSSION:

The primary policy question for Council is whether the current standards for A-frame signs adequately address potential impacts, or whether additional limitations or a change in approach is warranted.

Current Code Regulations
The current code regulates A-frame signs through objective standards related to size, location, and operation, rather than limiting use by business type or message. A-frame signs are regulated as temporary signs and are permitted in nonresidential zoning districts subject to the following standards:
• Maximum size per A-frame is four feet in height, three feet in width, and six square feet in area.
• Signs must be located within fifteen feet of the building where the business is located. • A-frames may be placed on sidewalks only where a minimum four-foot clear pedestrian path is maintained at all times in compliance with ADA standards. • A-frames may be displayed only during regular business hours. • The current code does not explicitly limit the number of A-frame signs per business or

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per frontage. There is no clear “one A-frame per business” standard.

Experience and Observed Issues
The current regulatory framework allows A-frame signs subject to standards for size, placement, and operation intended to address pedestrian circulation and visual clutter.

A-frame signs provide benefits as low-cost, flexible marketing tools, particularly for pedestrianoriented businesses, and allow for time-sensitive messaging such as daily specials or events.

When well designed and properly placed, A-frames can contribute to street-level activity.

Potential challenges primarily relate to cumulative impacts. The code includes standards for size, placement, and maintaining a clear pedestrian path of travel to address circulation and visual clutter. Based on a field survey conducted by staff between Pope Street and Pine Street during typical business hours, approximately 20 A-frame signs were observed. Only two businesses displayed more than one A-frame sign, and none were observed to obstruct the required pedestrian path. However, small clusters were observed at key intersections, including Main Street at Railroad Avenue and Main Street at Hunt Avenue, where they appear to function as directional signage for businesses located off Main Street and may not be located within the 15-foot maximum distance provided by the Code.

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These observations are based on current code standards and a field survey of existing conditions in the downtown area.

Business Feedback
In July 2024, the Chamber of Commerce conducted a survey of downtown businesses regarding A-frame signs, with 25 responses received. While the sample size is limited, the results provide general insight into business perspectives. 44% of respondents reported use of an A-frame sign; 56% did not 44% believed A-frames contribute to visual clutter; 56% did not 44% reported A-frames help draw customers; 52% did not
64% did not support prohibiting A-frame signs outright; 28% supported prohibition Overall, the survey reflects mixed experiences and perspectives, with greater support for retaining A-frames with appropriate limitations than for a full prohibition.

Staff also conducted follow-up outreach with the St. Helena Chamber of Commerce to obtain more current input. The Chamber indicated that A-frame signs are generally viewed as a useful tool for attracting foot traffic but noted the importance of maintaining visual consistency.

The Chamber suggested that, rather than prohibition, a cohesive design standard (such as consistent materials or color palettes) may help balance business needs with streetscape quality. The Chamber also expressed a willingness to assist the City with developing design guidelines, if desired.

ENVIRONMENTAL REVIEW:

Not a CEQA Project.

GOAL:

Miscellaneous/Other
ATTACHMENTS:

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CITY OF ST. HELENA

PROCLAMATION

NATIONAL PUBLIC WORKS WEEK
MAY 17-23, 2026
“Rooted in Service, Powered by Community”
WHEREAS, public works professionals focus on infrastructure, facilities, and services that are of vital importance to sustainable and resilient communities and to the public health, high quality of life, and well-being of the people of St. Helena; and, WHEREAS, these infrastructure, facilities, and services could not be provided without the dedicated efforts of public works professionals, who are engineers, managers, and employees at all levels of government and the private sector, who are responsible for rebuilding, improving, and protecting our nation’s transportation, water supply, water treatment and solid waste systems, public buildings, and other structures and facilities essential for our citizens; and,
WHEREAS, it is in the public interest for the citizens, civic leaders, and children in St.

Helena to gain knowledge of and maintain an ongoing interest and understanding of the importance of public works and public works programs in their respective communities; and,
WHEREAS, the year 2026 marks the 66th annual National Public Works Week sponsored by the American Public Works Association,
NOW THEREFORE, BE IT RESOLVED, that the St. Helena City Council, City staff and the citizens of St. Helena, do hereby designate the week of May 17–23, 2026, as National Public Works Week. I urge all citizens to join with representatives of the American Public Works Association and government agencies in activities, events, and ceremonies designed to pay tribute to our public works professionals, engineers, managers, and employees, and to recognize the substantial contributions they make to protecting our national health, safety, and advancing quality of life for all.

Dated this 12th day of May 2026.
____________________________
Paul Jamison Dohring, Mayor
City of St. Helena

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Agendas Report to the City Council
Agenda Section: CONSENT ITEMS
Department: Admin
DATE: May 12, 2026
FROM: Andrew Bradley, Program Manager (City Clerk)
SUBJECT: Consideration of Authorizing Additional Staffing Support and Budget Allocation to Assist the Office of the City Clerk in Managing Increasing Requests Under the California Public Records Act, Including Funding for Information Technology Support in the Amount of $22,500 Utilizing General Fund Reserves.

RECOMMENDED
ACTION:

Adopt a Resolution to:

1. Authorize additional staffing support with Regional
Government Services within the Office of the City Clerk to assist with the processing and management of Public
Records Act requests.

2. Approve supplemental budget allocation to cover increased costs associated with Information Technology support
related to Public Records Act responses with APEX.

3. Direct staff to include ongoing funding considerations for PRA response management in future budget discussions if the upward trend in requests continues.

PREVIOUS COUNCIL
ACTION:

None.

STATEMENT OF THE
PURPOSE:

The purpose of this item is to inform the City Council of the increasing volume and complexity of requests received under the California Public Records Act and to request authorization for additional staffing support within the Office of the City Clerk, along with supplemental funding for Information Technology services needed to process these requests. These resources will help ensure the City continues to meet statutory deadlines, maintain compliance with state law, and minimize operational disruptions to other City departments and the Office of the City Clerk.

FINANCIAL IMPACT: The total estimated additional cost to support Public Records Act response management is up to $22,500 through June 30, 2026.

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Additional funds will be needed for ongoing response
management in FY 2027.

These costs may be partially variable depending on the volume and complexity of requests received in any given year. Providing these resources will help ensure the City continues to meet the requirements of the California Public Records Act while maintaining service levels across other City operations.

This action requires a budget increase in GL Account 101-42-10- 21-45 utilizing General Fund reserves.

CEQA DETERMINATION: Not a CEQA Project (CEQA Guidelines §15378) BACKGROUND:

The California Public Records Act establishes the public’s right to access government records while providing specific timelines and procedures that public agencies must follow when responding to requests.

Over the past several years, the City has experienced a steady and significant increase in the number of Public Records Act (PRA) requests submitted. This trend reflects broader statewide patterns as public engagement with government records has expanded, and digital communication has increased the volume of potentially responsive materials.

In a 2024 review of public records requests of the City of St. Helena, City of Napa, City of Calistoga, and Town of Yountville, St. Helena received 177 total requests (i.e. approximately 21 per 1000 residents), a rate nearly three times higher than that of Calistoga and Napa. In 2025, the City received 208 public records requests. As of May 5, 2026, the City has received 114 public requests, a rate of 0.912 per day. At this rate, the City could be on track to receive more than 330 public records requests in 2026. The requests also vary widely in scope, ranging from simple document retrieval to complex requests involving large volumes of emails, historical files, or records stored across multiple departments.

The Office of the City Clerk serves as the central point of coordination for PRA requests, working closely with City departments, the City Attorney’s Office, and Information Technology staff (APEX) to identify, review, and produce responsive records.

The Office of the City Clerk has also just implemented a new Public Records system, NextRequest, that allows the office to better track the time associated with each request across multiple departments and better allow the public to search for records prior to submitting a public records request. The system went live in late March 2026.

DISCUSSION:

The growing volume and complexity of PRA requests has placed increased demands on the Office of the City Clerk and other departments responsible for locating and reviewing records.

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Processing a PRA request typically involves several steps, including:
• Logging and tracking incoming requests
• Interpreting the scope of the request and asking for clarification from the requestor as needed
• Coordinating with multiple departments to locate responsive records • Conducting email and electronic file searches (the City is billed by APEX for the time required to search and produce emails for each search)
• Reviewing all documents and records for exemptions or legally protected information • Consulting with the City Attorney when necessary
• Redacting confidential or exempt material
• Preparing and transmitting the final response
• Many recent requests require extensive searches of email archives or digital files, which necessitates coordination with the City’s Information Technology staff. Additionally, requests involving potentially exempt information require legal review by the City Attorney’s Office to ensure compliance with the law while protecting sensitive information.

As the volume and complexity of requests has increased, the amount of staff time required to manage these processes has grown substantially. The Office of the City Clerk currently manages PRA requests alongside its other statutory responsibilities, including agenda preparation, records management, elections administration, and support for the City Council and public meetings. The two staff members also perform other duties outside of the standard Office of the City Clerk tasks, including but not limited to, managing special projects, communications, and assisting the Office of the City Manager with scheduling meetings and other activities.

Without additional support, the increasing number of requests may impact the City’s ability to respond efficiently while maintaining service levels for other essential functions. It also impacts the Office of the City Clerk as it attempts to get more documents online so that they are searchable by the public.

To address these challenges, staff recommends the following:

Additional Administrative Support - Up to $17,500
Provide consultant support through Regional Government Services (RGS) within the Office of the City Clerk dedicated in part to processing PRA requests, organizing records, and assisting with document review and response preparation.

Information Technology Support and Tools - Up to $5,000 Provide funding for IT staff time through APEX and potential software tools used to search, retrieve, and export electronic communications and other digital records needed to fulfill requests.

These resources will allow the City to maintain compliance with statutory requirements while

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ensuring requests are processed accurately and efficiently.

ENVIRONMENTAL REVIEW:

N/A
GOAL:

Goal 4: Provide Effective Community Information & Opportunities for Engagement ATTACHMENTS:

1. Resolution - City Clerk PRA Support

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RESOLUTION NO. ____

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ST.

HELENA AUTHORIZING AN APPROPRIATION OF UP TO $22,500

FROM THE GENERAL FUND TO SUPPORT PUBLIC RECORDS

ACT RESPONSE CAPACITY WITHIN THE OFFICE OF THE CITY
CLERK
WHEREAS, the California Public Records Act establishes the public’s right to inspect and obtain copies of public records and requires local agencies to respond to requests within specific statutory timelines; and
WHEREAS, the City of St. Helena has experienced a significant increase in the number and complexity of Public Records Act requests in recent years; and WHEREAS, tracking conducted during the previous year indicates that the City processed a higher volume of Public Records Act requests than several peer jurisdictions within Napa County despite operating with comparatively limited administrative resources; and
WHEREAS, responding to Public Records Act requests requires coordination among multiple departments, including the Office of the City Clerk, Information Technology staff, and the City Attorney’s Office to locate, review, redact, and produce responsive records; and
WHEREAS, the increased volume and complexity of requests has resulted in additional staff time, legal review, and technical support necessary to ensure compliance with the California Public Records Act while maintaining other essential City services; and WHEREAS, additional resources will assist the Office of the City Clerk in managing requests, coordinating records retrieval, reviewing responsive documents, and preparing responses in accordance with state law; and
WHEREAS, staff has recommended allocating additional funds to provide support within the Office of the City Clerk, as well as supplemental funding for Information Technology support related to Public Records Act responses.

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ST.

HELENA AS FOLLOWS:

1. Adoption Authorized. The City Council hereby authorizes an appropriation of up to $22,500 from the General Fund to support the City’s capacity to process and respond to requests submitted under the California Public Records Act.

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2. Use of Funds. The appropriated funds may be used for staffing support within the Office of the City Clerk through Regional Government Services (RGS) and for associated costs related to technical assistance from Information Technology staff (APEX) necessary to retrieve and process responsive records.

3. Implementation. The City Manager is authorized to implement the provisions of this Resolution and allocate the approved funds as necessary to support the City’s response to Public Records Act requests.

4. Effective Date. This Resolution shall take effect immediately upon its adoption.

Approved at a Regular Meeting of the St. Helena City Council on May 12, 2026, by the following vote:

Mayor Dohring:

Vice Mayor Deasy:

Councilmember Barak:

Councilmember Spadarotto:

APPROVED: ATTEST:
___________________________ ________________________
Paul Jamison Dohring, Mayor Andrew Bradley, City Clerk

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Agendas Report to the City Council
Agenda Section: CONSENT ITEMS
Department: City Clerk
DATE: May 12, 2026
FROM: Andrew Bradley, Program Manager (City Clerk)
SUBJECT: Consideration and proposed approval of a resolution authorizing a ceremonial flag recognizing LGBTQ+ Pride Month during the month of June 2026.

RECOMMENDED
ACTION:

Approve a resolution authorizing the Progress Pride flag to be flown on the City's ceremonial flag pole during the month of June 2026.

PREVIOUS COUNCIL
ACTION:

LGBTQ+ Pride Month has been celebrated with the flag raising for many years in St. Helena, most recently the flag was flown in June 2025.

STATEMENT OF THE
PURPOSE:

The purpose is to show the City of St. Helena's support for its LGBTQ+ community.

FINANCIAL IMPACT: None.

CEQA DETERMINATION: Not a CEQA Project (CEQA Guidelines §15378) BACKGROUND:

Governmental Flags on City Property, which authorizes the display of non-governmental flags on City property (Resolution 2022-31 -
https://portal.laserfiche.com/Portal/DocView.aspx?id=87132&repo=r-dfac6eac) DISCUSSION:

Per Policy P-CC-0001, Mayor Dohring made a request to the City Manager to fly a Ceremonial Flag in the month of June. The flag to be flown is the LGBTQ+ Pride Month Progress flag. The flying of the flag will be done in conjunction with the LGBTQ+ Pride Month Proclamation that will be heard at the June 9, 2026, City Council meeting. All requests for Ceremonial Flags are to be approved by City Council.

ENVIRONMENTAL REVIEW:

None.

GOAL:

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Goal 4: Provide Effective Community Information & Opportunities for Engagement Goal 5: Enhance Quality of Life
ATTACHMENTS:

1. PRIDE Month Flag Resolution 2026

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CITY OF ST. HELENA
RESOLUTION NO. 2026-
Authorizing the Progress Pride Flag and Transgender
Flag to be Flown on the City’s Ceremonial Flagpole

RECITALS
A. On June 13, 2017, the St. Helena City Council adopted policy P-CC-0001 Outdoor Display of Governmental and Non-Governmental Flags on City Property, which authorizes the display of non-governmental flags on City property.

B. On May 10, 2025, Resolution 2022-31 rescinded resolution 2019-66 and amended the policy P-CC-001 Outdoor Display of Governmental and Commemorative or Other Governmental Flags on City Property.

C. Per City Council adopted policy Mayor Dohring formally requested in writing to the City Manager for the LGBTQ+ Pride Progress flag be flown on the City's ceremonial flagpole during the month of June 2026.

RESOLUTION
The City Council of the City of St. Helena hereby resolves:

1. Authorizes the LGBTQ+ Progress Pride Flag to be flown during the month of June 2026.

Approved at a Regular Meeting of the St. Helena City Council on May 12, 2026, by the following vote:

Mayor Paul Dohring: ____
Vice Mayor Michelle Deasy: ____
Council Member Aaron Barak: ____
Council Member Kate Spadarotto: ____

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APPROVED: ATTEST:
______________________ ______________________
Paul Jaminson Dohring, Mayor Andrew Bradley, City Clerk

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Agendas Report to the City Council
Agenda Section: NEW BUSINESS
Department: City Clerk
DATE: May 12, 2026
FROM: Andrew Bradley, Program Manager (City Clerk) , Ethan Walsh, City Attorney, BBK
SUBJECT: Qualification of a Referendum Petition Challenging a City Council Ordinance protesting a portion of Ordinance No. 2026-03, amending St. Helena Municipal Code Chapter 15.36, adopting the California Fire Code by reference, regarding Fire Apparatus Access Roads.

RECOMMENDED
ACTION:

That the City Council:

1. Receive, file, and accept the certificate of sufficiency of referendum petition signatures as valid in all respects.

2. Select one of the following two options:

A. Repeal the challenged portion of the ordinance in its entirety; or
B. Submit the challenged portion of the ordinance to St.

Helena voters at the next regular municipal election
that is not less than 88 days after the date of calling the election, which is November 3, 2026.

PREVIOUS COUNCIL
ACTION: • On January 13, 2026, the St. Helena City Council held its first Public Hearing for Ordinance 2026-03.
• The Ordinance was approved during the Regular City
Council Meeting held on February 24, 2026.

STATEMENT OF THE
PURPOSE:

The purpose of this item is to formally acknowledge the qualification of a referendum petition challenging a portion of Ordinance No. 2026-03, which amended Chapter 15.36 of the St.

Helena Municipal Code to adopt the California Fire Code by reference, specifically as it relates to Fire Apparatus Access Roads and decide to repeal the portion of the ordinance or to place it on the November 3, 2026 ballot.

FINANCIAL IMPACT: If the Ordinance is repealed, there is no fiscal impact.

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If the Ordinance goes to the November 3, 2026, election, there would be additional costs incurred by the City to the Napa County Registrar of Voters as part of the consolidated election. The Napa County Registrar of Voters estimates the additional costs for this referendum to be between $15,000 and $25,000.

CEQA DETERMINATION: Not a CEQA Project (CEQA Guidelines §15378) BACKGROUND:

On January 13, 2026, the St. Helena City Council held a public hearing and introduced Ordinance 2026-03. The ordinance adopted the 2025 California Building Code, 2025 California Mechanical Code, 2025 California Energy Code, 2025 California Plumbing Code, 2025 California Electrical Code, 2025 California Residential Code, 2025 California Existing Building Code, 2025 California Green Building Standards Code, 2025 California Administrative Code, 2025 Referenced Standards Code, 2025 California Historical Building Code, 2025 California Fire Code, 2025 Wildland-Urban Interface Code, including appendices together with certain amendments, additions, deletions, and penalties, and amended Title 15 of the St. Helena Municipal Code. The Ordinance was approved during the regular City Council Meeting held on February 24, 2026.

This is an action taken by the City Council every three years. The California Building Standards Commission adopts a comprehensive update to the California Building Standards Code (codified as Title 24 of the California Code of Regulations) every three years. The most recent version of the California Building Standards Code, including the 2025 California Fire Code, went into effect on January 1, 2025. Every three years, the City will adopt the State Codes listed above by reference, with certain modifications to the new versions of the applicable State Codes.

The Ordinance is deemed to be a City “legislative act.” This means that (i) it cannot go into effect immediately – usually having an effective date 30 days later and (ii) it, or a portion of it, is subject to challenge by the referendum process outlined in the California Elections Code.

On February 27, 2026, a St. Helena resident timely filed a signed referendum petition to rescind (challenge) a portion of the Ordinance adopted by the City Council. The “legislative act” being challenged is the deletion of St. Helena Municipal Code Section 15.36.100, Subdivision D, which amended the 2022 California Fire Code to declare that 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.

Pursuant to California Elections Code section 9237, a referendum petition must be signed by not less than ten percent (10%) of the registered voters of the City to qualify. According to the California Secretary of State’s most recent report of voter registration (December 30, 2025), St.

Helena has 3,510 registered voters within its limits. Therefore, the petition is required to contain the verified signatures of at least 351 St. Helena registered voters in order to qualify a referendum for the ballot.

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As is standard practice, the City Clerk’s Office referred the petition to the Napa County Registrar of Voters for official signature verification against official County voter records. The verification of signatures is complete and based upon that review, the petition has been determined to have sufficient St. Helena registered voter signatures to qualify. A certificate to that effect is attached to this report.

DISCUSSION:

Pursuant to Elections Code sections 9114 and 9237, now that the referendum has qualified for the ballot, the effective date of the Ordinance has been suspended, and the City Council must reconsider the Ordinance.

Pursuant to Elections Code section 9241, the City Council must select one of the following options:

A. Repeal the challenged portion of the Ordinance in its entirety; or B. Submit the challenged portion of the Ordinance to St. Helena voters at the next regular municipal election that is not less than 88 days after the date the Council calls the election, which is November 3, 2026 – the upcoming General Municipal Election.

There is no official deadline for the Council to render a decision. However, now that the referendum petition has qualified, the challenged portion of the Ordinance will remain suspended and shall not go into effect unless and until a majority of St. Helena voters approve it at an election.

The City Attorney's office has reviewed the referendum, and does not believe it would have any effect. As noted above, the California Building Standards Commission prepares and adopts new versions of the Building Standards Codes, including the California Fire Code every three years. Those new codes take effect in local jurisdictions 180 days after their publication, regardless of whether they have been formally adopted within that jurisdiction. (Health & Safety Code Section 17958.) The City then has the opportunity to review the newly published codes, and adopt local amendments to the new codes subject to specified findings and limitations as set forth in Health and Safety Code Sections 17958.5 and 17958.7. The Building Standards Codes that are in effect as of January 1, 2026 and the 2025 Codes, including the 2025 California Fire Code.

If the referendum is successful or the Council adopts an ordinance rescinding the applicable language, the following language will be reinserted into the Municipal Code:
"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

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roads, and shall meet the requirements of Section D104.3." The language above expressly amends the 2022 California Fire Code. However, the 2022 California Fire Code is no longer in effect, it has been replaced by the 2025 California Fire Code, and as a consequence, any amendments to the 2022 California Fire Code have no impact on the version of the California Fire Code currently applicable in the City.

Therefore the City Council could hold an election of the referendum or adopt an ordinance rescinding the language now, but that would not have a practical impact on the City's implementation of the Building Standards Codes currently in effect. Nevertheless, the City Council is required by law to either repeal the portion of the Ordinance that is subject to referendum, or submit the referendum to the voters. In light of the practical effect of the referendum, the Council may want to consider whether it is worth the expense to place this matter on the ballot for consideration by the voters.

ENVIRONMENTAL REVIEW:

N/A
GOAL:

None.

ATTACHMENTS:

1. Attachment A - Napa County Referendum Petition Signature Verification

2. Attachment B - Ordinance 2026-03

3. Attachment C - Impartial Summary of Referendum

4. Attachment D - Resolution Calling November 3, 2026 General Municipal Referendum Election - Challenging Portion of St. Helena Ord

5. Attachment E - St. Helena - Ordinance Adopting Referendum of Fire Code sec.

15.36.100(D)-c1

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CLERKS CERTIFICATE TO REFERENDUM PETITION
I John Tuteur, Registrar of Voters of the County of Napa, State of California, hereby certify:
that the Referendum Against An Ordinance Passed By The City Council Ordinance No. 2026-03 has been filed with this office on April 10, 2026.

That each section contains signatures purporting to be the signatures of qualified electors of this county.

That attached to this petition at the time it was filed was an affidavit of the person who solicited the signatures, and also containing the dates between which the purported qualified electors signed this petition;
That the affiant stated his or her own qualifications, that he or she had solicited the signatures upon that section, that all of the signatures were made in his or her presence and that to the best of his or her knowledge and belief each signature to that section was the genuine signature of the person;
That upon the request of the City of Saint Helena, with whom the proponent filed this petition, we tabulated the number of valid signatures by examining the records of registration in the City of Saint Helena, current and in effect at the respective dates of such signing, to determine what number of qualified electors signed the petition, and from that examination it has been determined;

1. Number of sections 45

2. Number of unverified signatures filed (raw count) 633

3. Number of signatures verified 633
a. Number of signatures found sufficient 591
b. Number of signatures found not sufficient 42
c. Number of duplicate signatures 11

USING THE GUIDELINES SET FORTH BY THE CALIFORNIA SECRETARY OF STATE FOR

CALCULATING SUFFICIENT SIGNATURES WHEN USING A RANDOM SAMPLE, I HAVE

DETERMINED THAT THE PETITION HAS SUFFICIENT SIGNATURES TO QUALIFY FOR

FURTHER ACTION BY THE CITY COUNCIL OF THE CITY OF SAINT HELENA PURSUANT TO CALIFORNIA ELECTION CODE 9237
In witness whereof, I have hereunto set my hand and affixed by official seal this 16th day of April, 2026.
(seal)
ounty Clerk and ex-officio Registrar of Voters
Seal Affix

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CITY OF ST. HELENA
ORDINANCE NO. 2026-03
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

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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.

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

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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 702.5 Transfer Equipment I, II, III, IV

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

Helena is expected to cause extensive property damage, 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 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

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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
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

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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 Facilities I, II, III, IV
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

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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), 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. 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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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 re-lettered 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: YES
Vice Mayor Deasy: YES
Council Member Barak: YES
Council Member Spadarotto: YES
Council Member Summers: ABSENT

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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

15.56 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, 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 2025 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.

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

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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, 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 2025 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)

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Chapter 15.08

ADMINISTRATION OF THE CALIFORNIA

BUILDING STANDARDS CODE
Sections:

15.08.010 California Building Standards Code 2025 Chapter 1 Administration—Adopted.

15.08.020 California Building Standards Code 2025 Chapter 1 Administration—Amendments.

15.08.030 Section 116, California Building Standards Code 2025 Chapter 1, Unsafe Structures and Equipment.

15.08.040 International Property Maintenance Code, 2018 Edition— Adoption.

15.08.050 International Property Maintenance Code—Amendments.

15.08.060 Enforcement and Penalties.

15.08.010 California Building Standards Code 2025 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, 2025 edition, is adopted in its entirety excepting additions, revisions and omissions listed in Section 15.08.020.

15.08.020 California Building Code 2025 Chapter 1 Administration— Amendments.

A. Section 105.2, Work Exempt from Permit, items 1-5 only, 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 Permit Fees, 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, 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 International Property Maintenance Code,2018 Edition— Adoption.

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.

15.08.050 International Property Maintenance Code—Amendments, The International Property Maintenance Code is amended to read as follows;

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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 adopted 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.

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

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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, 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

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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.)

15.08.060 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 2025 California Building Code, known as the California Code of Regulations, Title 24, Part 2 Volumes 1 and 2, Appendix I – Patio Covers, and Appendix JGrading, Based on 2024 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 2025 California Building Code, are amended to read as follows:

A. 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.

B. Section 3109.2, California Swimming Pool Safety Act (statewide), is amended to read as follows::

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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.

Appendix J, Grading, is adopted in its entirety with the following amendments A. Where the term “building official” is used in this appendix, change to “City Engineer.”
B. Section J103.1, Permits Required, 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 amended to read as follows: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.

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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.

F. Section J109.1, 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.

G. Section J109.3, Interceptor Drains, 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 Across Property Lines, 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 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.

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Chapter 15.16

CALIFORNIA MECHANICAL CODE ADOPTED
Sections:

15.16.010 California Mechanical Code—Adopted.

The 2025 Edition of the California Building Standards Code, known as the California Code of Regulations, Title 24, Part 4, incorporating the Uniform Mechanical Code, 2024 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.

The 2025 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.

The 2025 Edition of the California Building Standards Code, known as the California Code of Regulations, Title 24, Part 5, incorporating the Uniform Plumbing Code, 2024 Edition, published by the International Association of Plumbing and Mechanical Officials,, 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 2025 Edition of the California Building Standards Code, known as the California Code of Regulations, Title 24, Part 3, incorporating the National Electrical Code, 2023 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. 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 firefighting personnel. The disconnecting equipment shall be installed on the exterior of the building and identified for firefighting personnel.

C. 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—Amendments.

15.28.010 California Residential Code—Adopted
The 2025 Edition of the California Building Standards Code, known as the California Code of Regulations, Title 24, Part 2.5, incorporating the International Residential Code, 2024 Edition, is hereby adopted including all appendices, and with amendments set forth in Section 15.28.020.

15.28.020 California Residential Code—Amendments.

A. Section R309.2, One and Two-Family Dwellings Automatic Sprinkler Systems, 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.

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.

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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 2025 edition of the California Existing Building Standards Code, known as the California Code of Regulations, Title 24, Part 10, incorporating the 2024 International Existing Building Code, published by the International Code Council, with amendments set forth in section 15.32.020 is adopted.

California Existing Building Code —Amendments. A. Section 1401.3, Moved Structures, is added to read as follows:

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,

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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.

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

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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

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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

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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

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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

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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)

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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)

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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 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 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 fourteen (14) days, provided that the vehicle is parked on the residential driveway

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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)

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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

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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

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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. “Flood 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 flood 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

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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

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include protecting the structure or other affected development from flood damages, implementing the 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

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or exceeds thirty percent (30%) of the market value of the structure before the “start of construction” of the improvement. This term 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

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implementation of this chapter and which are recommended to the city by the 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

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development permit shall be made on forms furnished by the city. The applicant shall provide the following minimum information:

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;

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

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based on conditional letters of map revision (CLOMR’s).

Approved CLOMR’s allow construction of the proposed flood 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

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hydrodynamic and hydrostatic loads, including the effects of buoyancy.

B. Construction Materials and Methods.

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,

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but also any joists, insulation, or other materials that extend below the BFE; and
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

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devices; provided, that they permit the automatic entry and exit of flood waters; or
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)

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15.52.160 Standards for utilities.

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.

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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 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.

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

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that must be met before a variance can be properly granted. The criteria 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

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in its biennial report submitted to the Federal Emergency Management Agency. (Ord. 06-8 § 3 (part): prior code § 5B.22)

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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 2025 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 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, Water 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.
“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.

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“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 heating device or electric-powered heating device is allowed under this standard.

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

The following sections in Appendix A4, Residential Voluntary Measures, are adopted with the following amendments:

A. Section A4.403.2, Reduction in Cement Use, 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.

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
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 may be allowed by the authority having jurisdiction.

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Chapter 15.54

CALIFORNIA ADMINISTRATIVE CODE ADOPTED
Sections:

15.54.010 California Administrative Code—Adopted.

The 2025 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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Chapter 15.55

CALIFORNIA REFERENCED STANDARDS CODE

ADOPTED
Sections:

15.55.010 California Referenced Standards Code—Adopted.

The 2025 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.

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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

2.3Very high Fire hazard Severity Zones”
B. 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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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 2025 California Fire Code, known as the California Code of Regulations, Title 24 part 9, based on the International Fire Code, 2025 Edition, published by the International Code Council in its entirety, including Appendices: Appendix Chapter 4, Appendix B and Appendix BB (Fire Flow Requirements for Buildings), Appendix C and Appendix CC (Fire

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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

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B. Section 109.3 Violation penalties, California Fire Code 2025 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 adm inistrator, or his or her designee, m ay notify the owner and any responsible person that the nuisance shall be abated by the city at such person’s expense unless the y appear at the stated tim e and place to show cause why there should be no abatem ent, 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 2025 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:

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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 driveways.

Section 503.4.1 Traffic calming devices, California Fire Code 2025, 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 2025 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 keys to gain necessary access and a building site plan as required by the Fire Code Official.

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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.

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:

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

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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 R-3 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.

Exception: One-time alterations made solely for the purpose of complying with the Americans with Disabilities Act.

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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:

C102.2 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 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.

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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 2025, 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:

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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.

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

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 2025, 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.

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

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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 2025, 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 2025, 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 2025Appendix D 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.

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.

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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.

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.).

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).

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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)

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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83578.00000\44778011.1
Impartial Summary of Referendum Protesting a Portion of Ordinance No. 2026-03 - Amending St. Helena Municipal Code Chapter 15.36 Adopting the California Fire Code by Reference - Regarding Fire Apparatus Access Roads.
(Elections Code §9238(b)(2)(B))
[INSERTED BEHIND THIS PAGE]

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83578.00000\44778011.1
A REFERENDUM OF A PORTION OF CITY OF ST. HELENA
ORDINANCE 2026-03
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 REFERENCED 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.

The full text of Ordinance 2026-03 is available online at:
https://url.us.m.mimecastprotect.com/s/LNHeCERZwMIBqOWqHNf0S7T5wf?do main=cityofsthelena.gov

IMPARTIAL SUMMARY OF REFERENDUM
Prepared pursuant to Elections Code § 9238(b)(2)(B)
Specific Portion of Ordinance 2026-03 That is Subject To This Referendum This referendum seeks to rescind the specific portion of Ordinance 2026-03 that deletes the following language from St. Helena Municipal Code Chapter

15.36 CALIFORNIA FIRE CODE ADOPTED, Section 15.36.100 FIRE APPARATUS ACCESS ROADS:
"D. Section D107.1 One or two-family dwelling residential developments, California Fire Code 2022, Appendix B [sic]1 is amended to read as follows:
1 This is a typographic error. Section D107.1 appears in Appendix D of the 2022 California Fire Code, not Appendix B.

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83578.00000\44778011.1
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."
If approved by the voters of St. Helena, this referendum would return this deleted language to Section 15.36.100 of the St. Helena Municipal Code.

This referendum does not seek to rescind any other provision of Ordinance 2026-03.

Background
Every three years, the State of California updates and adopts the California Building Standards Code, which includes building, electrical, mechanical, plumbing, energy, and fire safety codes. These codes become effective statewide on January 1 of the adoption year, most recently 2026.

Cities adopt the California Building Standards Code by ordinance. However, state law allows cities to adopt local amendments to these codes that are more restrictive than state standards if justified by local climatic, geological, or topographic conditions. Cities cannot adopt local amendments that are less restrictive than state standards.

Among the local amendments to the 2022 California Fire Code adopted by the City, was Section 15.36.100(D), which provides:
"D. Section D107.1 One or two-family dwelling residential developments, California Fire Code 2022, Appendix B [sic] 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 D104.3."
Ordinance 2026-03
On February 24, 2026, the City Council enacted Ordinance 2026-23 adopting the 2025 California Building Standards Code including the 2025 California Fire

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83578.00000\44778011.1
Code. Ordinance 2026-03 does not include the local amendment to Section D107.1 that required two fire apparatus access roads for one, two-family or multi-family developments. As a result, the City adopted by reference Appendix D, Section D107.1 of the 2025 California Fire Code without local changes. That section reads:
"D107.1 One- or two-family dwelling residential developments.

Developments of one- or two-family dwellings where the number of dwelling units exceeds 30 shall be provided with two separate and approved fire apparatus access roads.

Exceptions:

1. Where there are more than 30 dwelling units accessed from a single public or private fire apparatus access road and all dwelling units are equipped throughout with an approved automatic sprinkler system in accordance with Section 903.3.1.1, 903.3.1.2 or 903.3.1.3, access from two directions shall not be required.

2. The number of dwelling units accessed from a single fire apparatus access road shall not be increased unless fire apparatus access roads will connect with future development, as determined by the fire code official."
Effect of this Referendum
If a majority of St. Helena voters approve of this referendum, or if the City Council voluntarily rescinds the portion of Ordinance 2026-03 that is subject to this referendum without an election, then the previously codified language in Section

15.36.100(D), would remain in the St. Helena Municipal Code. No other provisions of Ordinance 2026-03 are impacted by this referendum.

If the City Council either does not rescind the portion of Ordinance 2026-03 that is subject to this referendum, or the referendum is placed on the ballot and a majority of voters do not approve this referendum, Section 15.36.100(D) would be deleted from the St. Helena Municipal Code.

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83578.00019\44994420.1
RESOLUTION NO. 2026-___
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ST. HELENA,

CALIFORNIA, CALLING FOR THE HOLDING OF A GENERAL
MUNICIPAL REFERENDUM ELECTION ON NOVEMBER 3, 2026 FOR
THE SUBMISSION TO THE QUALIFIED VOTERS OF THE CITY OF ST.

HELENA, A PORTION OF ORDINANCE NO. 2026-03 DELETING ST.

HELENA MUNICIPAL CODE SECTION 15.36.100(D) REGARDING FIRE APPARATUS ACCESS ROADS; REQUESTING THE COUNTY OF NAPA

TO CONSOLIDATE SAID ELECTION WITH THE STATEWIDE GENERAL ELECTION OF EVEN DATE; AND SETTING RULES AND DEADLINES

FOR ARGUMENTS AND REBUTTALS FOR AND AGAINST THE
ORDINANCE.

WHEREAS, pursuant to authority provided by the California Government Code, on February 24, 2026, the St. Helena City Council adopted Ordinance No. 2026-03, amending St. Helena Municipal Code Chapter 15.36, adopting the California Fire Code by reference; and
WHEREAS, a portion of Ordinance No. 2026-03 amended St. Helena Municipal Code Section 15.36.100 by deleting subsection 15.36.100(D) regarding fire apparatus access roads (the “Portion of the Ordinance”) and
WHEREAS, on February 27, 2026, the proponent of an effort to challenge the Portion of the Ordinance by referendum timely filed a draft summary of the Portion of the Ordinance with the City Clerk’s Office for the City Attorney’s review and possible amendment; and
WHEREAS, on March 13, 2026, the St. Helena City Attorney’s Office timely prepared an amended summary of the Portion of the Ordinance being challenged and sent it to the proponents for inclusion in a referendum petition to be circulated among St.

Helena voters for signatures; and
WHEREAS, pursuant to California Elections Code sections 15 and 9238(b)(2)(B)(vi), the Portion of the Ordinance was scheduled to become effective on April 13, 2026, unless the proponents filed a signed referendum petition with the City Clerk’s office by that date to challenge the Portion of the Ordinance; and WHEREAS, pursuant to authority provided by California Elections Code sections 9235 et. seq., on April 10, 2026 the referendum proponents timely filed with the City of St. Helena, a signed petition protesting the Portion of the Ordinance by referendum which, if the referendum qualifies, would suspend the effective date of the Portion of the Ordinance, require that the City Council reconsider that Portion of the Ordinance and either repeal it in its entirety or submit it to a vote of St. Helena voters; and WHEREAS, pursuant to California Elections Code section 9237, a referendum petition must be filed with the City in valid form and signed by not less than ten percent (10%) of the registered voters of the City in order to qualify; and

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WHEREAS, according to Napa County voter records, the minimum signature requirement in order to qualify the referendum for the ballot is 351 registered City voters; and
WHEREAS, the City Clerk, through the Napa County Registrar of Voters, has certified that the form of the referendum petition complies with California law and, based upon an examination of voter registration records, has ascertained that the petition is signed by the requisite number of voters to qualify the Portion of the Ordinance for the referendum ballot under the Elections Code, unless it is repealed by the City Council; and WHEREAS, the City Council has not voted to repeal the Portion of the Ordinance; and
WHEREAS, pursuant to California Elections Code section 9237, because the petition was signed by the requisite number of voters and the Portion of the Ordinance was not repealed by the City Council, the effective date of the Portion of the Ordinance is suspended and it may not go into effect unless and until approved by a majority of St.

Helena voters voting upon it at a municipal election; and WHEREAS, the City Council is therefore authorized and required by California Elections Code section 9241 to submit the proposed Portion of the Ordinance to the voters at its “next regular municipal election” occurring not less than 88 days after the date of the order of election; and
WHEREAS, the next “regular municipal election” that is not less than 88 days after the date of this Resolution would be St. Helena’s General Municipal Election to be held on Tuesday, November 3, 2026; and
WHEREAS, the City Council desires to place the Portion of the Ordinance before St. Helena voters at the November 3, 2026 General Municipal Election; and WHEREAS, the specific terms of the Portion of the Ordinance that is being challenged are attached hereto as Attachment “A” and by this reference made an operative part hereof, and in accordance with all applicable laws; and WHEREAS, it is desirable that the General Municipal Election be consolidated with the Statewide General Election to be held on the same date and that within the City the precincts, polling places, voting centers and election officers of the two elections be the same, and that the Napa County election department canvass the returns of the General Municipal Election and that the election be held in all respects as if there were only one election; and
WHEREAS, it is also desirable to establish deadlines and rules for the submission of written arguments and rebuttals for and against the Portion of the Ordinance in accordance with applicable California Elections Code procedures.

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83578.00019\44994420.1
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ST. HELENA,

CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS:

SECTION 1. Recitals. The City Council hereby finds and determines that the foregoing recitals are true and correct, and are incorporated herein and by this reference are made an operative part hereof.

SECTION 2. Submission of Ordinance to Voters. That pursuant to the requirements of California Elections Code applicable to the City of St. Helena, the City Council hereby calls and orders the Portion of the Ordinance being challenged by referendum to be submitted to the qualified voters of the City at the General Municipal Election to be held in the City of St. Helena, California, on Tuesday, November 3, 2026.

The Portion of the Ordinance shall be in the form attached hereto as Attachment “A” to this Resolution and is incorporated by this reference as if fully set forth herein.

SECTION 3. Ballot Question. The City Council, pursuant to its right and authority, does hereby order that the ballot question for the Portion of the Ordinance shall be presented and printed upon the ballot submitted to the qualified voters in the manner and form set forth in this Section 3. On the ballot to be submitted to the qualified voters at the General Municipal Election to be held on Tuesday, November 3, 2026, in addition to any other matters required by law, there shall be printed substantially the following ballot question:

YES "Shall the measure to repeal the portion of Ordinance No. 2026-03, deleting St. Helena Municipal Code
Section 15.36.100(D), regarding fire apparatus access
roads be adopted?" NO
SECTION 4. Election Procedures.

A. The vote requirement for the Portion of the Ordinance to pass is a simple majority (50% + 1) of votes cast.

B. The ballots to be used at the election shall be in the form and content as required by law.

C. Pursuant to the requirements of Section 10403 of the Elections Code, the Board of Supervisors of the County of Napa is hereby requested to consent and agree to the consolidation of a General Municipal Election with the Statewide General Election on Tuesday, November 3, 2026, for the purpose of submitting to the voters the question relating to the City’s Measure.

D. The election services which the City of St. Helena requests the Registrar of Voters, or such other official as may be appropriate, to perform and which such officer is hereby authorized and directed to perform, if said Board of

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83578.00019\44994420.1
Supervisors consents, include: the preparation, printing and mailing of sample ballots; the establishment or appointment of precincts, polling places, voting centers, and election officers, the preparation, printing, mailing and furnishing of vote-by-mail ballots, making such publications as are required by law in connection therewith; the furnishing of ballots, voting booths and other necessary supplies or materials for polling places and voting centers; the canvassing of the returns of the election and the furnishing of the results of such canvassing to the City Clerk of the City of St. Helena; and the performance of such other election services as may be requested by the City Clerk.

E. The City Clerk is authorized, instructed and directed to procure and furnish, or cause to be procured and furnished through the County of Napa, any and all official ballots, notices, printed matter and all supplies, equipment and paraphernalia that may be necessary in order to properly and lawfully conduct the election.

F. The polls, voting centers and/or vote-by-mail drop-off boxes shall be open and the procedures for submitting votes-by-mail or votes at polls and vote centers shall be in accordance with those times and procedures established by the County of Napa, except as otherwise provided in the Elections Code of the State of California.

G. In all particulars not recited in this Resolution, the election shall be held and conducted as provided by law for holding municipal elections in the City.

H. Notice of the time and place of holding the election is given and the City Clerk is authorized, instructed and directed to give further or additional notice of the election, in time, form, and manner as required by law.

I. All ballots shall be tallied at a central counting place and not at the precincts.

Said central counting place shall be at a County center as designated by the Registrar of Voters.

J. The Napa County Registrar of Voters is hereby authorized to canvass the returns of said election.

K. The City Clerk of the City of St. Helena shall receive the canvass from the County as it pertains to the election on the Measures, and shall certify the results to the City Council, as required by law.

SECTION 5. Arguments and Impartial Analysis.

A. The City Council authorizes (i) the City Council or any member(s) of the City Council, (ii) the proponents of the referendum protesting this Portion of the Ordinance, (iii) any individual voter eligible to vote on the above Portion of the Ordinance, (iv) a bona fide association of such citizens or (v) any combination of voters and associations, to file a written argument in favor of or against the Portion of the Ordinance, in accordance with Article 4, Chapter 3, Division 9 of

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the Elections Code of the State of California, which argument may be changed until and including the deadline set by the Napa County Registrar of Voters, after which no arguments for or against the Portion of the Ordinance may be submitted to the City Clerk. Arguments in favor of or against the Portion of the Ordinance shall each not exceed 300 words in length. Each argument shall be filed with the City Clerk, signed, and include the printed name(s) and signature(s) of the author(s) submitting it, or if submitted on behalf of an organization, the name of the organization, and the printed name and signature of at least one of its principal officers who is the author of the argument.

B. The City Clerk shall comply with all provisions of law establishing priority of arguments for printing and distribution to the voters, and shall take all necessary actions to cause the selected arguments to be printed and distributed to the voters.

C. Pursuant to Section 9280 of the Elections Code, the City Council directs the City Clerk to transmit a copy of the Portion of the Ordinance to the City Attorney.

The City Attorney shall prepare an impartial analysis of the Portion of the Ordinance, not to exceed 500 words in length, showing the effect of the Portion of the Ordinance on the existing law and the operation of the Portion of the Ordinance. The City Attorney shall transmit such impartial analysis to the City Clerk, who shall cause the analysis to be published in the voter information guide along with the Portion of the Ordinance as provided by law. The Impartial Analysis shall be filed by the deadline set for filing of primary arguments as set forth in Subsection 5(A) above. The impartial analysis shall include a statement indicating whether the Portion of the Ordinance was placed on the ballot by a petition signed by the requisite number of voters or by the City Council. In the event the entire text of the Portion of the Ordinance is not printed on the ballot, nor in the voter information portion of the sample ballot, there shall be printed immediately below the impartial analysis, in no less than 10-font bold type, the following: “The above statement is an impartial analysis of Portion of the Ordinance No. ____ under challenge by referendum (Measure ____). If you desire a copy of the Portion of the Ordinance/Measure, please call the election official’s office at (707) 968-2742 and a copy will be mailed at no cost to you.”
D. The provisions of this Section 5 shall apply only to the election to be held on November 3, 2026, and shall then be repealed.

SECTION 6. Rebuttals.

A. Pursuant to Section 9285 of the Elections Code of the State of California, when the Clerk has selected the arguments for and against the Portion of the Ordinance which will be printed and distributed to the voters, the Clerk shall send copies of the argument in favor of the Portion of the Ordinance to the authors of the argument against, and copies of the argument against to the authors of the argument in favor. The authors or persons designated by them may prepare and submit rebuttal arguments not exceeding 250 words. The

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rebuttal arguments shall be filed with the City Clerk not later than 10 days after the deadline for primary arguments set forth in Section 5 above. Rebuttal arguments shall be printed in the same manner as the direct arguments. Each rebuttal argument shall immediately follow the direct argument which it seeks to rebut.

B. The provisions of this Section 6 shall apply only to the election to be held on November 3, 2026, and shall then be repealed.

SECTION 7. Placement on the Ballot. The full text of the Portion of the Ordinance being challenged shall be printed in the voter information guide, and a statement shall be printed in the ballot pursuant to Section 9223 of the Elections Code advising voters that they may obtain a copy of the Portion of the Ordinance at no cost, upon request made to the City Clerk.

SECTION 8. Delivery of Resolution to County. The City Clerk shall certify to the passage and adoption of this Resolution and enter it into the book of original resolutions.

The City Council directs the City Clerk to deliver copies of this Resolution, including the Portion of the Ordinance attached hereto as Attachment “A”, to the Clerk of the Board of Supervisors of Napa County and to the Registrar of Voters of Napa County.

SECTION 9. Public Examination. Pursuant to California Elections Code section 9295, the Portion of the Ordinance will be available for public examination for no fewer than ten (10) calendar days prior to being submitted for printing in the voter information guide. The Clerk shall post notice in the Clerk’s office of the specific dates that the examination period will run.

SECTION 10. CEQA. The City Council hereby finds and determines that placement of the Ordinance on the ballot is not a discretionary action of the City Council within the meaning of the California Environmental Quality Act (“CEQA”) and the State CEQA Guidelines and is, therefore, not subject to CEQA review. See, Tuolumne Jobs and Small Business Alliance v. Superior Court, (2014) 59 Cal. 4th 1029.

SECTION 11. Severability. If any provision of this Resolution or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of the Resolution which can be given effect without the invalid provision or application, and to this end the provisions of this Resolution are severable.

The City Council hereby declares that it would have adopted this Resolution irrespective of the invalidity of any particular portion thereof.

SECTION 12. Effective Date of Resolution. This Resolution shall take effect immediately upon its adoption.

SECTION 13. Suspension of Portion of the Ordinance and Effective Date of Portion of the Ordinance if Approved by Voters. Pursuant to California Elections Code sections 9217, 9237 and 9243, the Portion of the Ordinance is suspended and shall not go into effect unless and until approved and adopted by a majority of the eligible voters of the City of St. Helena voting at the General Municipal Election of November 3, 2026. It

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shall be deemed adopted when the City Council has certified the results of that election by resolution and shall take effect ten (10) days thereafter.

APPROVED AND ADOPTED this 12th day of May, 2026.
________________________________
Paul Dohring, Mayor
ATTEST:
______________________________
Andrew Bradley, City Clerk
I, Andrew Bradley, City Clerk of the City Council of the City of St. Helena, California, do hereby certify that the whole number of the members of the City Council is five (5); that the above and foregoing Resolution was duly and regularly passed and adopted by at least three (3) affirmative votes of all members at a regular meeting of the City Council of the City of St. Helena on the 12th day of May, 2026, by the following vote:

Mayor Dohring:

Vice Mayor Deasy:

Council Member Barak:

Council Member Spadarotto:

APPROVED:
_____________________________
ATTEST:
_____________________________
Paul Jamison Dohring, Mayor Andrew Bradley, City Clerk

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83578.00019\44994420.1
ATTACHMENT “A”
PORTION OF ORDINANCE NO. 2026-03 BEING CHALLENGED
(ST. HELENA MUNICIPAL CODE SECTION 15.36.100)
“15.36.100 Fire Apparatus Access Roads
. . .

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.

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83578.00019\44994431.1
ORDINANCE NO. 2026-____

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ST. HELENA, CALIFORNIA, REPEALING A PORTION OF
ORDINANCE NO. 2026-03 DELETING ST. HELENA
MUNICIPAL CODE SECTION 15.36.100(D), REGARDING

FIRE APPARATUS ACCESS ROADS WITHOUT

SUBSEQUENT VOTER APPROVAL PURSUANT TO
CALIFORNIA ELECTIONS CODE SECTION 9241.

WHEREAS, pursuant to authority provided by the California Government Code, on February 24, 2026, the St. Helena City Council adopted Ordinance No. 2026-03, amending St. Helena Municipal Code Chapter 15.36, adopting the California Fire Code by reference; and
WHEREAS, a portion of Ordinance No. 2026-03 amended St. Helena Municipal Code Section 15.36.100 by deleting subsection 15.36.100(D) (the “Portion of the Ordinance”) and
WHEREAS, on February 27, 2026, the proponent of an effort to challenge the Portion of the Ordinance by referendum timely filed a draft summary of the Portion of the Ordinance with the City Clerk’s Office for the City Attorney’s review and possible amendment; and
WHEREAS, on March 13, 2026, the St. Helena City Attorney’s Office timely prepared an amended summary of the Portion of the Ordinance being challenged and sent it to the proponents for inclusion in a referendum petition to be circulated among St.

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WHEREAS, the City Clerk, through the Napa County Registrar of Voters, has certified that the form of the referendum petition complies with California law and, based upon an examination of voter registration records, has ascertained that the petition is signed by the requisite number of voters to qualify the Portion of the Ordinance for the referendum ballot under the Elections Code, unless it is repealed by the City Council; and WHEREAS, since this Ordinance has qualified for placement on the ballot, pursuant to California Elections Code Section 9241, the City Council is legally required to either (i) entirely repeal the Portion of the Ordinance against which the referendum petition is filed, or (ii) submit it to the voters at its next regularly scheduled election occurring not less than 88 days after the date of the order of election or at a special election pursuant to Elections Code Section 1405; and
WHEREAS, in lieu of placing the referendum on the ballot, the City Council has voted to repeal the Portion of the Ordinance without alteration.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ST.

HELENA, CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS:

SECTION 1. Repeal of Portion of Ordinance. Pursuant to California Elections Code Section 9241, the City Council hereby repeals of the portion of Ordinance No. 2026-03 deleting subsection 15.36.100(D) from the St. Helena Municipal Code. Subsection

15.36.100(D) is hereby reinserted into the St. Helena Municipal Code without change, and shall read as follows:
“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.”
SECTION 2. Effective Date. Pursuant to California Elections Code Section 9241, the City Council hereby adopts this Ordinance repealing the Portion of the Ordinance and it shall go into effect thirty (30) days after adoption.

SECTION 3. CEQA. The City Council hereby finds and determines that placement of the Ordinance on the ballot is not a discretionary action of the City Council within the meaning of the California Environmental Quality Act (“CEQA”) and the State CEQA Guidelines and is, therefore, not subject to CEQA review. See, Tuolumne Jobs and Small Business Alliance v. Superior Court, (2014) 59 Cal. 4th 1029.

SECTION 4. Publication. The City Clerk shall certify to the adoption of this Ordinance and cause publication to occur in a newspaper of general circulation which is published and circulated in the City in a manner permitted under State law.

APPROVED AND ADOPTED this 12th day of May, 2024.

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________________________________
Paul Dohring, Mayor
ATTEST:
______________________________
Andrew Bradley, City Clerk
I, Andrew Bradley, City Clerk of the City Council of the City of St. Helena, California, do hereby certify that the whole number of the members of the City Council is five (5); that the above and foregoing Resolution was duly and regularly passed and adopted by at least three (3) affirmative votes of all members at a regular meeting of the City Council of the City of St. Helena on the 12th day of May, 2026, by the following vote:

Mayor Dohring:

Vice Mayor Deasy:

Council Member Barak:

Council Member Spadarotto:

APPROVED:
_____________________________
ATTEST:
_____________________________
Paul Jamison Dohring, Mayor Andrew Bradley, City Clerk

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Agendas Report to the City Council
Agenda Section: NEW BUSINESS
Department: City Clerk
DATE: May 12, 2026
FROM: Andrew Bradley, Program Manager (City Clerk)
SUBJECT: Consideration of Process for Appointment to Fill City Council Vacancy

RECOMMENDED
ACTION:

Fill the vacancy via an appointment (as opposed to an election) created by Council Member Summers after being absent for more than 60 days consecutively from the last regular meeting he attended. Utilize the proposed process and timeline Council for the appointment of a new City Council Member.

PREVIOUS COUNCIL
ACTION:

None.

STATEMENT OF THE
PURPOSE:

The purpose of this action is to request for that the City Council establish a process to consider applications to fill the City Council vacancy.

FINANCIAL IMPACT: None.

CEQA DETERMINATION: Not a CEQA Project (CEQA Guidelines §15378) BACKGROUND:

Council Member Summers Attendance for 2026 City Council Meetings:
• Regular City Council Meetings Attended: January 13 and February 24 • Regular City Council Meetings Absent: January 27, February 10, March 10, March 24, April 14, April 28
• Special City Council Meetings Attended: April 7
California Government Code states that if a Council Member is absent from all Regular City Council Meetings for 60 days consecutively from the last regular meeting he or she attended his or her office becomes vacant and shall be filled as any other vacancy (code below). Based on the last meeting that Council Member Summers attended (February 24), 60 days was Sunday, April 26, 2026, the following business day was April 27, 2026, and the seat became vacant.

Government Code - GOVTITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by

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Stats. 1949, Ch. 79. )
DIVISION 3. OFFICERS [36501 - 41805] ( Division 3 added by Stats. 1949, Ch. 79. ) PART 1. GENERAL [36501 - 36525] ( Part 1 added by Stats. 1949, Ch. 79. ) 36513.
(a) If a city councilmember is absent without permission from all regular city council meetings for 60 days consecutively from the last regular meeting he or she attended, his or her office becomes vacant and shall be filled as any other vacancy.
(b) Notwithstanding subdivision (a), if a city council meets monthly or less frequently than monthly and a city councilmember is absent without permission from all regular city council meetings for 70 days consecutively from the last regular meeting he or she attended, his or her office becomes vacant and shall be filled as any other vacancy.
(Amended by Stats. 1990, Ch. 1558, Sec. 2.)
https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=GOV§ionNum=36513 When a vacancy on the City Council occurs, the Council must, within 30 days of the commencement of the vacancy, either fill the vacancy by appointment, or call a special election. (Government Code §36512(b); St. Helena Municipal Code §2.04.020.[1]) However, if the City Council holds a special election to fill the vacancy, that election must be held at “the next regularly established election date” not less than 90 days from the call of the special election under the City Code, and not less than 114 days from the call of the special election under State law. (Id.)
The next regularly established election date in Napa County where this could be on the ballot is the general election on November 3, 2026 (when this seat is already scheduled to be on the ballot).

DISCUSSION:

Filling the vacancy by a special election will take several months and cost at least $35,000 dollars. The seat is already scheduled to be up for election at the November election. So, staff recommends that the Council fill the vacancy by appointment of a Council Member to fill the vacancy.

The appointment must be made within 30 days of commencement of the vacancy. With the vacancy commencing on April 26 and the first business day being April 27, an appointment must be made on/before May 27, 2026 (or the Regular City Council meeting on May 26, 2026).

The appointed Council Member would serve for the remainder of Council Member Summers' term, which expires in November 2026.

If the City Council directs staff to proceed with a recruitment and appointment process, the following is the proposed timeline:

May 5, 2026 City opened up the application period in
advance of the City Council formally
inviting candidates to apply to fill the

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vacancy
May 18, 2026 at 5 p.m. End of application period
May 26, 2026 at TBD Candidate interviews
May 26, 2026 (Regular
City Council Meeting)
Appointment and seating of new Council
Member
There is no specific process required for the appointment to fill the vacancy. Council may discuss and agree upon an appropriate process.
__________________________
[1] State law provides that the appointment or call of the election must occur within 60 days, but given that the Municipal Code requires a shorter timeframe, that is the deadline that the Council must meet.

ENVIRONMENTAL REVIEW:

None
GOAL:

Goal 4: Provide Effective Community Information & Opportunities for Engagement ATTACHMENTS:

1. City Council Application - May 2026

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1088 College Ave. | St. Helena, CA 94574
(707) 967-2792 | cityofsthelena.gov
NOTE: THIS COMPLETED AND SIGNED APPLICATION MUST BE FILED WITH THE ST. HELENA CITY CLERK BY MONDAY, MAY 18, 2026, AT 5:00 P.M.

APPLICATION FOR APPOINTMENT TO THE ST. HELENA CITY COUNCIL This application is to fill a vacancy on the St. Helena City Council. The St. Helena City Council will publiclyreview all submitted applications where the applicants meet the qualifications. The Council will hold a public interview process for each candidate on Tuesday, May 26, 2026, and the appointment at the regular City Council meeting Tuesday, May 26, 2026. The applicant interviews will take place at Vintage Hall (465 Main Street, St. Helena). The term of office will be from May 26, 2026, through November 2026.

This application is a public document, although your personal information will be redacted. Your application will be compiled with other applications and considered by the St. Helena City Council as a part of a noticed public meeting.

Only St. Helena residents who are registered voters in St. Helena will be eligible for appointment.

Name:

Residence Address:

Mailing Address (if different):

E-mail:

Best Phone Number to Reach You:

Are you currently a registered voter and a resident of the City of St. Helena, or will be at the time of an appointment? (yes or no)
• Please include your resume and answer the following questions on a separate sheet(s) of paper. (continued on next page)
DATE AND TIME RECEIVED:

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1088 College Ave. | St. Helena, CA 94574
(707) 967-2792 | cityofsthelena.gov
Reasons for Applying

1. Why do you want to be appointed to the Council?

2. Service as a City Council Member easily could require 10 or more hours per week reviewing council agenda packets, responding to citizen communications, meeting with constituents, and attending various regional and local subcommittee meetings, and council meetings. How much time per week do you have to devote to City Council service?

3. If appointed, do you plan on running for election in November 2026? Experience, Qualifications, Education

4. What qualifications, life experiences, and educational background do you have that will enable you to make sound decisions in the best long-term interest of the community?

5. Please describe your community service and government participation in St. Helena or elsewhere.

Issues, Priorities, Concerns

6. What do you believe are the most important issues facing the City?

7. If you were appointed to the Council, what would be your top three priorities?

8. What strategies can be undertaken to address the City’s fiscal challenges, improve the City’s economic health, and maintain and enhance quality of life?
Values, Vision, Approach

9. What vision do you have for the future of St. Helena?

10. How would you resolve a situation where your personal philosophy may be considered at odds with the majority view regarding what is best for the City?
You may also provide any additional information or comments you feel would assist City Council in considering your application.

Please note: At the time you would be named to the St. Helena City Council, you must be:
• At least 18 years of age,
• A registered voter in St. Helena; and
• A resident residing within the City limits of St. Helena.

You must maintain St. Helena residency and registered voter status throughout your term of office. (continued on next page)

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1088 College Ave. | St. Helena, CA 94574
(707) 967-2792 | cityofsthelena.gov
Also, at the time of appointment (and annually as well as at the completion of your service), you will be required to complete and file a public Form 700 Statement with the California Fair Political Practices Commission. Form 700 filings allow the public to know of any potential conflicts of interest related to your public service. These conflicts can relate to employment, property ownership, loans and gifts, stock ownership, and more. You are also required to disclose certain financial interests of your spouse (if applicable).

During your term on the City Council, you will be required to identify any potential conflicts (often with the assistance of the City Attorney) and to recuse yourself from voting on or otherwise influencing any action that might cause a financial or other conflict.

Please sign and return this form with the questions answered via an email to Andrew Bradley, St. Helena City Clerk, at [email protected]. The City Clerk will confirm receiving your emailed application, if you do not receive confirmation, please call the City Clerk at (707) 968-2743. You may also drop off the form and questions at St. Helena City Hall, 1088 College Avenue, St. Helena, California. Please address the envelope to the City Clerk.

Please do not mail the form, as it may not get to the City by the deadline. If you have any questions about this application, please call the City Clerk’s office at (707)968-2743.

I (print name) swear/affirm that the foregoing
information is true and correct.

Applicant’s Signature: Date:

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St. Helena City CouncilMay 12, 2026

St. Helena City Council
May 12, 2026