District Regulations
This chapter establishes the zoning districts that are applied to property within the city. These zoning districts, or zones, ensure conformity with the general plan and determine where, how, and under what conditions new or modified development is allowed. The application of zoning districts to private property is guided by, and shall be consistent with, the general plan pursuant to Section 17.01.050, Relationship to the general plan.
A. Purpose. This section is intended to safeguard the historic and architectural character of St. Helena by recognizing and preserving significant historic and cultural resources in the Historic Preservation (HP) Overlay district. It establishes design standards for the preservation and rehabilitation of historically and culturally significant resources as well as standards to ensure new development in the Historic Preservation Overlay zone is architecturally compatible.
B. Applicability. The provisions of this section apply to parcels included in the Historic Preservation (HP) Overlay map on file with the city, including those properties on the city’s historic resources list (local register), properties designated as a local historic district, and properties designated as a historic resource.
A. Purpose. It is recognized that the operation of the adult entertainment facilities specific in this section are among those certain land uses which, because of their nature, may have serious operational characteristics and deleterious effects upon their surroundings, as a result of their location and concentration within the city. Special regulations pertaining to these uses are necessary to ensure that these adverse effects will not contribute to the blighting or downgrading of the surrounding neighborhood nor otherwise adversely affect the public health, safety, morals, comfort, convenience, and general welfare. More specifically, it is recognized that development and proliferation without regulation as to location and concentration may result in the deterioration of residential and business neighborhoods, the attraction of large numbers of transients, an increase in crime, and, in the case of placement near schools and other youth-related facilities, an adverse effect upon the welfare and morals of minors residing within the city.
B. Location of Adult Entertainment Facilities. The following provisions apply to the location of adult entertainment facilities:
This chapter establishes the zoning districts that are applied to property within the city. These zoning districts, or zones, ensure conformity with the general plan and determine where, how, and under what conditions new or modified development is allowed. The application of zoning districts to private property is guided by, and shall be consistent with, the general plan pursuant to Section 17.01.050, Relationship to the general plan. (Ord. 23-4 § 5 (Exh. A))
The city shall be classified into districts or zones, the designation and regulation of which are set forth in this title as provided in Table 17.15.020(A): Base Zoning Districts.
Table 17.15.020(A). Base Zoning Districts
Abbreviation | Name |
|---|---|
LR-1A | Low Density Residential One-Acre Minimum |
LR | Low Density Residential |
MR | Medium Density Residential |
HR | High Density Residential |
CB | Central Business |
SC | Service Commercial |
MU | Mixed-Use |
BPO | Business and Professional Office |
I | Industrial |
A-20 | Twenty-Acre Agriculture |
W | Winery |
WW | Woodlands and Watershed |
PQP | |
PR | Parks and Recreation |
OS | Open Space |
(Ord. 23-4 § 5 (Exh. A))
This chapter regulates the development of residential dwellings that are suitable to the character of St. Helena’s residential neighborhoods. This chapter establishes use regulations, development standards, and design standards for the Low Density One-Acre Minimum, Low Density Residential, Medium Density Residential, and High Density Residential zoning districts as follows:
Low Density Residential One-Acre Minimum (LR-1A). The LR-1A zone provides for single-family detached homes, accessory dwelling units, limited agricultural uses, and compatible uses. Residential densities in the LR-1A zone shall not exceed one unit per gross acre, except that greater density is allowed under state law if a site meets the standards for two-unit project in Chapter 17.31, Two-Unit Projects. This zone implements the low density residential general plan land use designation.
Low Density Residential (LR). The LR zone is intended to provide areas for single-unit dwellings and duplexes. Residential densities are from one to five units per gross acre. This zone implements the low density residential general plan land use designation.
Medium Density Residential (MR). The MR zone is intended to protect existing patterns of development for a range of residential development types, accessory dwelling units, and compatible uses in areas. Types of dwelling units include attached and detached single-unit dwellings, duplexes, and triplexes. Residential densities are from 5.1 to sixteen (16) dwelling units per acre. This zone implements the medium density residential general plan land use designation.
High Density Residential (HR). The HR zone is intended to provide for multifamily residential units, group quarters and compatible uses. Residential densities are from 16.1 to twenty-eight (28) dwelling units per acre. This zone implements the high density residential general plan land use designation. (Ord. 23-4 § 5 (Exh. A))
Table 17.16.020(A): Use Regulations—Residential Zoning Districts, lists the uses permitted (“P”), permitted with a minor use permit (“MUP”) granted by staff-level review, and permitted with a conditional use permit (“CUP”) granted at a public hearing. A conditional use permit is also required for any business which consists of two or more permitted uses. The right-hand column provides references to other sections of this title where additional regulations are located. Any projects that qualify for ministerial approval under state law will be processed ministerially as required by that state law.
Table 17.16.020(A). Use Regulations—Residential Zoning Districts
Use Classification | LR-1A | LR | MR | HR | Additional Regulations |
|---|---|---|---|---|---|
“P” = Permitted; “MUP” = Minor Use Permit; “CUP” = Conditional Use Permit; “—” = Use Not Allowed | |||||
Residential Uses | |||||
P | P | P | — | ||
— | — | P | P | ||
— | — | — | P | Sec. 17.22.210, Single-room occupancy units | |
— | CUP1 | CUP1 | CUP1 | ||
CUP | CUP | CUP | CUP | Sec. 17.22.160, Mobile homes, and Sec. 17.21.020, Mobile home park overlay | |
Commercial Uses | |||||
CUP | CUP | CUP | — | ||
— | CUP | CUP | CUP | ||
P | P | P | P | Sec. 17.22.200, Short-term rentals | |
MUP | MUP | MUP | MUP | ||
Transportation, Communications and Utilities | |||||
— | CUP | CUP | CUP | ||
MUP | MUP | MUP | MUP | ||
Telecommunication facilities | Sec. 17.22.270, Wireless telecommunication facilities | ||||
Agricultural and Extractive | |||||
P | P | P | MUP | Sec. 17.22.100, Community gardens | |
Public/Institutional Uses | |||||
Seven or more persons | P | P | MUP | MUP | |
Six or fewer persons | P | P | P | P | |
Accessory Uses—See also Sec. 17.22.020, Accessory uses | |||||
P | P | P | P | Sec. 17.22.060, Animal keeping | |
P | P | P | P | Sec. 17.22.070, Beekeeping | |
P | P | P | P | ||
P | P | P | P | ||
P | P | P | P | ||
Garage, carport, workshop, pool house, gazebo, patio cover, and other accessory structure | P2 | P2 | P2 | P2 | Sec. 17.24.020, Accessory buildings and structures |
P | P | P | P | Sec. 17.22.130, Home occupations | |
P | P | P | P | ||
End Notes:
1A CUP is not required for new development on an existing small lot.
2Indoor cooking facilities are not permitted. Indoor plumbing for toilets, showers, or pool equipment is allowed in pool houses or similar accessory buildings.
(Ord. 23-4 § 5 (Exh. A))
Table 17.16.030(B): Development Standards—Residential Zoning Districts, establishes the development standards for the residential zoning districts. The numbers in the figure below refer to corresponding regulations in the table.

Table 17.16.030(B). Development Standards—Residential Zoning Districts
Standard | LR-1A | LR | MR | HR | Key |
|---|---|---|---|---|---|
1 to 5 du/ac 2 | 5.1 to 16 du/ac | 16.1—28 du/ac | |||
Lot Size | |||||
Min. Lot Area | 1.0 ac 3 | 7,000 sq ft | 6,000 sq ft | 7,000 sq ft | |
3,000 sq ft for new small lot development | 3,000 sq ft for new small lot development | 3,000 sq ft for new small lot development | |||
Min. Lot Width | 70 ft | 70 ft | 45 ft | 45 ft | ❶ |
32 ft for small lot development | 32 ft for small lot development | ||||
Max. Lot Coverage (Includes Accessory Structures) | 35% | 35% | Lot widths <45 ft: Max. 35% | 55% | |
Lot widths >45 ft: Max. 40% | |||||
55% for new small lot development | |||||
Max. Primary Building Footprint (Excludes Accessory Structures) | None | Refer to Table 17.16.030(C) | None | None | ❷ |
1,400 sq ft for detached small lot detached | |||||
Max. Building Gross Floor Area (All Floors) 5 | Refer to Table 17.16.030(C) for lots <1 acre | Refer to Table 17.16.030(C) | Refer to End Note 4 | None | |
Max. 6,069 sq ft for lots >1 ac in area | |||||
Principal Structure | 30 ft | 30 ft/2 stories | 30 ft/2 stories | 42 ft/3 stories | |
Ground floor max. ceiling height 15 ft | 30 ft/2 stories for small lot development | ||||
16 ft | 16 ft | 16 ft | 16 ft | ||
Min. Front Setback | 20 ft for structures <25 ft in height | 20 ft for structures <25 ft in height | 20 ft | 15 ft; 25 ft for 3rd floor and above | ❸ |
30 ft for structures >25 ft in height | 30 ft for structures >25 ft in height | 12 feet for small lot development | 10 ft for small lot development | ||
Min. Garage or Carport Setback From Building Facade | None | None | 5 ft | None | ❹ |
Min. Street Side Setback | 20 ft for structures <25 ft in height | 20 ft for structures <25 ft in height | 15 ft for structures <25 ft in height | 15 ft | ❺ |
30 ft for structures >25 ft in height | 30 ft for structures >25 ft in height | 20 ft for structures >25 ft in height | |||
Min. Interior Side Setback, Ground Floor | 10 ft for structures <25 ft in height | 10 ft for structures <25 ft in height | 10 ft | ❻ | |
15 ft for structures >25 ft in height | 15 ft for structures >25 ft in height | Combined interior side setbacks: 15 ft for structures <25 ft in height | |||
Combined interior side setbacks: 20 ft for structures >25 ft in height | |||||
Min. Interior Side Setback, Upper Floors | 5 ft for structures <25 ft in height | 5 ft for structures <25 ft in height | None | ❻ | |
9 ft for structures >25 ft in height | 9 ft for structures >25 ft in height | ||||
Min. Rear Setback | 20 ft for structures <25 ft in height | 20 ft for structures <25 ft in height | 20 ft for structures <25 ft in height | 10 ft | ❼ |
30 ft for structures >25 ft in height | 30 ft for structures >25 ft in height | 30 ft for structures >25 ft in height | |||
Min. 50 ft from top of bank of Napa River | ❽ | ||||
Min. 20 ft from top of bank of all other waterways | |||||
Landscaping and Open Space | |||||
Private Ground Floor Open Space for Multifamily Development | n/a | n/a | Min. 80 sq ft/unit | Min. 60 sq ft/unit | |
Min. Dimension for Private Open Space for Multifamily Development | n/a | n/a | 6 ft | 6 ft | |
Common Usable Open Space for Multifamily Development | n/a | n/a | Lot widths <45 ft: Min. 150 sq ft/lot | Min. 150 sq ft/lot | ❾ |
Lot widths >45 ft: Min. 200 sq ft/lot | |||||
Min. Dimension for Common Usable Open Space | n/a | n/a | 15 ft | 15 ft | ❿ |
20 ft for small lot development | 20 ft for small lot development | ||||
Max. Paved/Hardscaped Area | 25% of a front setback area | 25% of a front setback area | 30% of a front setback area | 30% of a front setback area | |
Min. Landscaped Area 7 | 35% of lot area | 35% of lot area | Min. 25% of lot area | Min. 25% of lot area | |
25% for small lot development | 25% for small lot development | ||||
Required Buffer Abutting Agricultural Use | n/a | A landscaped buffer min. 15 ft width with street trees at 30 ft on center | |||
End Notes:
1Greater residential densities are allowed under state law if a site meets the standards for two-unit development as described in Chapter 17.31, Two-Unit Projects.
2Densities existing as of January 1, 2023, are permitted to remain.
3Parcels created by lot line adjustments may be less than one acre provided the number of parcels does not increase and that no lots are less than seven thousand (7,000) square feet.
4Max. building gross floor area (all floors) for single-family residences including accessory structures is as follows:
Lots < 6,000 sf: 1,995 sf
Lots 6,000—9,999 sf: 2,945 sf
Lots 10,000—14,999 sf: 3,705 sf
Lots 15,000—19,999 sf: 3,971 sf
Lots > 20,000 sf: 4,000 sf
5The following additional standards apply for existing development and new construction in the LR-1A, LR, MR, and HR zoning districts:
a. The max. building gross floor area may be increased by four hundred (400) sf for construction of an ADU.
b. The following buildings and areas are exempt from max. building gross floor area:
i. One covered parking space with a max. floor area of two hundred (200) sf;
ii. Nonhabitable accessory buildings with a max. floor area of one hundred twenty (120) sf;
iii. A nonhabitable basement or attic; and
iv. A balcony, porch, deck, or other structure that is unenclosed on at least three sides.
6Additional standards for accessory buildings are described in Section 17.22.020, Accessory uses.
7Landscaped setback and buffer areas count toward this requirement.
Table 17.16.030(C): Primary Building Gross Floor Area Standards in the LR-1A and LR Zoning Districts, establishes the maximum building footprint for primary buildings, excluding accessory structures.
Table 17.16.030(C). Primary Building Gross Floor Area Standards in the LR-1A and LR Zoning Districts
LR-1A Zoning District | ||||
|---|---|---|---|---|
Lot Size | Max. Gross Floor Area (excludes accessory structures) | Lot Size | Max. Gross Floor Area (excludes accessory structures) | |
> 7,000—14,999 sq ft | 3,900 sq ft | < 7,000 sq ft | 2,400 sq ft | |
> 15,000—21,999 sq ft | 4,425 sq ft | > 7,000—7,999 sq ft | 2,400 sq ft | |
> 22,000—28,999 sq ft | 4,950 sq ft | > 8,000—8,999 sq ft | 2,700 sq ft | |
> 29,000—35,999 sq ft | 5,475 sq ft | > 9,000—9,999 sq ft | 2,950 sq ft | |
> 36,000—43,559 sq ft | 6,000 sq ft | > 10,000—10,999 sq ft | 3,300 sq ft | |
> 11,000—11,999 sq ft | 3,480 sq ft | |||
> 12,000—12,999 sq ft | 3,640 sq ft | |||
> 13,000—13,999 sq ft | 3,780 sq ft | |||
> 14,000—14,999 sq ft | 3,900 sq ft | |||
> 15,000 sq ft | 3,900 sq ft | |||
(Ord. 23-4 § 5 (Exh. A))
The standards in this section apply to all development within the residential zones. These design standards supplement the development standards of Table 17.16.030(B): Development Standards—Residential Zoning Districts.
A. Design Standards for All Residential Development Types.
1. General Standards. All development is subject to the provisions of Division IV of this title, Citywide Standards. Also refer to subsection B of this section, Design Standards Specific to Small Lot Development, and subsection C of this section, Design Standards Specific to Multifamily Development.
2. Required Second Story Step-backs in the LR and MR Districts. Second stories for new single-family residences, for both new construction and additions, must be stepped back eight feet from the ground floor front facade, unless the front elevation has a porch a minimum of six feet deep that extends eighty percent (80%) or more of the width of the front elevation, excluding a garage. Also refer to the minimum interior side setback standard for upper floors in Table 17.16.030(B), Development Standards—Residential Zoning Districts.
3. Building Orientation.
a. Building entrances must be oriented toward public rights-of-way or internal walkways.
b. Windows, balconies, and decks must be a placed a minimum of twelve (12) feet measured horizontally from the windows of existing residences (on site or off site).
4. Wall Planes. Building offsets, roof overhangs, bay windows, the use of a variety of materials, and other features as determined by the community development director, shall be used to reduce building massing. The following requirements apply to walls facing a sidewalk, pedestrian walkway, or publicly accessible outdoor space:
a. Unbroken wall planes of twelve (12) feet or more in width are prohibited;
b. Any wall plane on the front facade larger than ten (10) feet in width shall incorporate windows, doors, or other openings; be articulated (i.e., break up the wall plane); or incorporate design features such as bay windows, balconies or verandas, or a change in material or color;
c. On corner lots, elevations oriented towards both street frontages shall include the same architectural design character on each elevation; and
d. In the MR district, the front door of any primary single-family unit must be visible to the public street.
5. Exterior Building Materials.
a. Building materials that support and enhance the architectural vernacular of the city must be used in all new developments. There are many materials that may be used to achieve this goal, including plaster or stucco, brick, native or artificial stone finishes, form board concrete finishes, board and batten siding, and horizontal siding (except as provided in subsection (A)(5)(c) of this section).
b. In addition, corrugated metal may be used as a roof material in all zoning districts, and as a siding material in the A-20, MR, and HR zoning districts.
c. Specifically prohibited materials include unplastered, unpainted, or painted concrete block, and vinyl or aluminum siding.
d. The palette of materials and colors on a building must be applied to all sides of the building.
6. Landscaping. The entire front and street side required setbacks, exclusive of permitted driveways, walkways, or parking areas, must be landscaped with drought tolerant plant materials in compliance with Chapter 17.25, Landscaping.
7. Site Circulation and Access.
a. A system of pedestrian walkways must connect the primary entryways of all on-site buildings, all on-site automobile and bicycle parking areas, to any on-site open space areas or pedestrian amenities, to all shared trash enclosure areas, and to the public sidewalk on the perimeter street frontage.
b. Where a required walkway crosses parking areas or loading areas, it must be clearly identifiable with a raised crosswalk, a different paving material, or similar method.
c. New streets or drive aisles must form a continuous pedestrian network from the primary right-of-way and within the development.
d. Walkways must be a minimum of four feet wide, must be hard-surfaced, and paved with concrete, stone, tile, brick, or comparable material.
e. The minimum distance from the back of any drive aisle or walkway interior to a site must be ten (10) feet to the garage door and five feet to any living area or covered porch.
Figure 17.16.040(A). Distance to Interior Drive Aisle or Walkway

f. Automobile and pedestrian access points into multifamily residential developments must not be gated or closed off to the public.
g. Where individual driveways are accessed by a private or shared drive, a maximum of one driveway curb cut is allowed for each fifty (50) feet of street frontage.
8. Parking Frontage. The total width of parking areas visible from the street, including open parking, carports, and garages, but excluding parking located behind buildings, must not exceed thirty percent (30%) of any street frontage. This limitation does not apply to irregular or pie-shaped lots where the lot width measured at the property line is narrower than the rear lot width, rowhouses, or frontages along alleys.
Figure 17.16.040(B). Parking Frontage

9. Private Ground Floor Outdoor Open Space. For multistory dwelling units, private ground floor outdoor open space must be provided by a combination of porches, decks, patios, or private open space such as garden areas. Refer to Table 17.16.030(B): Development Standards—Residential Zoning Districts.
10. Required Play Areas. Multifamily developments that include fifteen (15) or more dwelling units must include at least one play area for children. The play area must:
a. Have a minimum dimension of fifteen (15) feet in any direction and a minimum area of six hundred (600) square feet.
b. Contain play equipment, including equipment designed for children aged five years and younger.
c. Be visible from multiple dwelling units within the project.
d. Be protected from any adjacent streets or parking lots with a fence or other barrier at least four feet in height.
e. Include safe material under play equipment that provides protection from falls.
f. The play area requirement does not apply to any development that is age-restricted to senior citizens or located within three hundred (300) feet of a public park.
Figure 17.16.040(C). Required Play Area

B. Design Standards Specific to Small Lot Development. In addition to the standards listed in subsection A of this section, small lot development is subject to the standards below:
1. Small Lot Size. Detached or attached single-unit residential development is permitted on lots less than the minimum lot size established for zoning districts allowing single-family or multifamily residential uses, in accordance with Table 17.16.030(B): Development Standards—Residential Zoning Districts.
2. Small Lot Configurations. Small lot development types may include but are not limited to drive courts or cottage courts abutting a local roadway. Figures 17.16.040(D) and 17.16.040(E) show potential configurations of small lot development within a perimeter lot line. Interior lot line placement varies by development and is not regulated by this title.
Figure 17.16.040(D). Cottage Court With Alley Access (Example Configuration)

Figure 17.16.040(E). Cottage Court With Perimeter Drive Aisle and Detached or Attached Garages (Example Configuration)

3. Small Lot Perimeter Setbacks. The minimum setbacks for the primary structures from the perimeter property lines of small lot single unit development are the same as the required setbacks of the underlying zoning district.
4. Small Lot Entrances.
a. The primary entry of units located in the interior of the development must be oriented towards and visible from a pedestrian pathway that is connected to a public right-of-way or private street.
b. Each unit must have a primary covered or recessed entry that is oriented to the common central open space.
c. The primary entry of units located along the right-of-way must be oriented toward the right-of-way.
d. A minimum twelve (12) foot separation is required between the primary entryway of a unit and the adjacent building wall of a neighboring unit.
e. Each primary entrance must incorporate a front porch that provides a minimum five-foot clear depth and that faces either the common open space or abutting right-of-way.
Figure 17.16.040(F). Small Lot Entrance Orientation Adjacent to Right-of-Way

5. Small Lot Interior Setbacks for Detached Units. The interior building separation for detached units is a minimum ten (10) feet.
Figure 17.16.040(G). Small Lot Building Separation for Detached Units

6. Small Lot Parking and Access.
b. Required parking must be provided on each small lot, within a common parking area, or in a combination of the two.
c. Parking must be designed and located such that it is not visible from public rights-of-way.
d. The front face of a garage placed on an alley that is twenty (20) feet or less in width must be set back a minimum of five feet from the property line.
7. Small Lot Landscaping.
a. Landscaping with drought tolerant plant materials must be provided consistent with the requirements of Chapter 17.25, Landscaping.
b. Lots with units facing a common open space must have at least five feet of landscaping between the entrance and any interior walkway.
8. Small Lot Private Open Space.
a. A minimum of one hundred (100) square feet of ground-level private open space must be provided for each small lot unit. This space may take the form of a porch, deck, patio, or garden.
b. The minimum allowed dimensions for required private open space is six feet.
C. Design Standards Specific to Multifamily Development. In addition to the standards listed in subsection A of this section, multifamily development is subject to the standards below.
1. Design.
a. The roof line on the longest building elevations shall include a vertical offset of at least eighteen (18) inches for each unit or for each pair of units on that elevation.
Figure 17.16.040(H). Roofline, Attached Single Unit and Multi-Unit Development

b. Exterior building walls must vary in depth through a pattern of offsets, recesses, or projections a minimum of two feet every twenty-five (25) horizontal feet. Patterns may be established through changes in plane, balconies, bay windows, dormers, or other facade features.
Figure 17.16.040(I). Facade Articulation

c. All visible building facades shall incorporate details, such as window and door trim, window recesses, cornices, changes in materials, or other design elements. Each side of a building that is visible from a public right-of-way shall be designed with a consistent level of detailing and quality of materials.
d. A minimum of two features such as balconies, cantilevers, dormers, bay windows, awnings, patios, individualized entries, or accent materials shall be incorporated into each project building.
e. At least two materials shall be used on any building frontage, in addition to glazing and railings. Any one material must comprise at least twenty percent (20%) of the building frontage.
f. Buildings over two stories must provide a ground floor elevation that is distinguished from the upper stories through a material or color change along at least seventy-five percent (75%) of building facades facing rights-of-way or public open space.
g. Dwelling units facing common open space areas must include a minimum of one window providing a direct view onto the common area.
h. Where a new multifamily development is built adjacent to existing lower-scaled residential development, the facade opposite the existing lower-scaled residential development shall incorporate at least one full-height recess a minimum two feet in depth.
Figure 17.16.040(J). Full—Height Recesses, Attached Single-Unit and Multi-Unit Development

i. For buildings twelve (12) feet or less apart, windows, balconies, and other private open spaces shall be offset to avoid direct sightlines into and from neighboring properties.
Figure 17.16.040(K). Window and Balcony Placement, Attached Single-Unit and Multi-Unit Development

j. Each unit shall have at least two hundred (200) cubic feet of enclosed, weather-proofed, and lockable private storage space with a minimum horizontal dimension of four feet. The required private storage space may be located within a building or outside of the building, and may be used for bicycle parking.
k. Affordable units and market-rate units in the same development shall be constructed of the same or similar exterior materials and details such that the units are not distinguishable.
2. Attached Rowhouse Design.
a. Attached rowhouse development may be configured with vehicular access provided via an on-site drive aisle, from an abutting alley, or from the primary building frontage.
b. Blocks of attached rowhouses must be a minimum of three units and a maximum of eight units.
c. For attached rowhouse units, a minimum separation of twelve (12) feet must be provided between blocks of units.
Figure 17.16.040(L). Separation at End of Row

3. Entry Design.
a. Shared entrances to multifamily developments must be visible from the right-of-way or shared walkways. Direct pedestrian access must be provided between the public sidewalk and all shared entrances.
b. Individual ground floor entrances to units within a multifamily development must:
i. Be visible and directly accessible from the right-of-way or a shared pathway; and
ii. Incorporate usable outdoor areas such as patios, porches, stoops, terraces, or forecourts.
c. Exterior entrances to units in multifamily developments may be either individual or shared. Exterior entrances to individual units on upper floors are permitted; however, shared exterior access corridors located above the ground floor and visible from the street may provide access to a maximum of four units.
d. Duplexes, triplexes, and fourplexes abutting any LR-1A, LR, or MR district shall include individual front doors and interior stairs (when stairs are needed).
e. Exterior entrances serving multiple units must have a roofed projection or recess with a minimum depth of five feet and a minimum horizontal area of sixty (60) square feet.
Figure 17.16.040(M). Entrances Serving Multiple Units

f. Exterior entrances serving a single unit must have a roofed projection or recess with a minimum depth of at least five feet and a minimum horizontal area of at least twenty-five (25) feet.
4. Common Outdoor Recreation Space. Common open space must meet the following requirements:
a. Use. Common outdoor recreation space must be available for passive and active outdoor recreational purposes for the enjoyment of all residents of each project. Outdoor recreation space types include but are not limited to picnic areas, tot lots, sports courts, swimming pools, and community gardens.
b. Slope. The slope of the common outdoor recreational space must not exceed a slope of ten percent (10%) and must be easily accessible for all residents.
c. Visibility. Common outdoor recreation spaces must be visible from the primary living spaces of a minimum of fifty percent (50%) of units and be visible to the residents of the project for which the space is provided.
d. Precluded Areas. Common outdoor recreation space must not include driveways, public or private streets, or utility easements where the ground surface may not be appropriate for recreational space.
5. Parking.
a. Location for All Multifamily Residential. Off-street parking serving multifamily residential development must be located in one of the following facilities:
i. Surface parking lots, garages, or carports located to the side or rear of residential buildings in relation to adjacent streets. If a site fronts on two or more streets, this standard applies to the front of the lot.
ii. Garages with side entries, in which the face of the garage door is generally perpendicular to the street.
iii. Attached individually secured garages.
b. Rowhouse Garages Frontage. Rowhouse garages with doors that face the street must be recessed from the primary facade and may not occupy more than fifty percent (50%) of the width of any street-facing building facade.
Figure 17.16.040(N). Rowhouses Garages

(Ord. 23-4 § 5 (Exh. A))
This chapter enables commercial and mixed-use development that is suitable to the character of St. Helena and that supports the daily needs of residents. The commercial and mixed-use districts, which are located generally along the SR29 corridor, serve tourists, city residents, and residents of the unincorporated agricultural areas who have traditionally traveled to St. Helena to shop for goods and services. In the downtown, the zoning districts support higher density, mixed-use development that expands housing options while supporting retail and commercial services. Included in this chapter are use regulations, development standards, and design standards for the following commercial and mixed-use districts:
Central Business (CB). The CB zone is intended to provide for retail, personal service uses, offices, restaurants, hotels/motels, service stations, public and quasi-public uses, and similar and compatible uses that serve local residents’ day-to-day needs, as well as the needs of the surrounding area and tourists. Emphasis is on pedestrian-oriented retail and service uses on the ground floor level, with office and residential uses on the upper levels. This zone implements the central business general plan land use designation.
Service Commercial (SC). The SC zone is intended to provide for service and retail uses, restaurants, service stations, hotels, motels, public and quasi-public uses and similar and compatible uses. The designation is intended primarily for service and retail uses that are automobile-oriented or whose operational characteristics and space needs are not considered appropriate for the Central Business district. The intent is for the SC zone to be primarily local resident-serving in character. Strictly tourist-serving retail uses are prohibited within this designation. This zone implements the service commercial general plan land use designation.
Mixed—Use (MU). The MU zone is intended to provide areas for a mix of medium and high density residential unit types and commercial retail, office, restaurant, and open space uses. The zone supports both vertical and horizontal residential mixed-use development. Residential densities are from twelve (12) to twenty (20) dwelling units per acre. This zone implements the mixed-use general plan land use designation. (Ord. 23-4 § 5 (Exh. A))
Table 17.17.020(A): Use Regulations—Commercial and Mixed-Use Zoning Districts, lists the uses permitted (“P”), permitted with a minor use permit (“MUP”) granted by staff-level review, and permitted with a conditional use permit (“CUP”) granted at a public hearing. The right-hand column provides references to additional regulations beyond those of the base zoning district development and design standards. Any projects that qualify for ministerial approval under state law will be processed ministerially as required by that state law.
Table 17.17.020(A). Use Regulations—Commercial and Mixed—Use Zoning Districts
Use Classification | CB | SC | MU | Additional Regulations |
|---|---|---|---|---|
“P” = Permitted; “MUP” = Minor Use Permit; “CUP” = Conditional Use Permit; “—” = Use Not Allowed | ||||
Residential Uses | ||||
CUP | — | MUP | ||
CUP 1 | — | |||
CUP 1 | — | P 2 | Sec. 17.22.210, Single-room occupancy units | |
Commercial Uses | ||||
— | CUP | — | Sec. 17.22.040, Adult-oriented businesses | |
— | P | — | ||
— | CUP | — | ||
— | CUP | CUP | ||
— | CUP | — | ||
— | CUP | — | ||
— | CUP | — | ||
CUP | CUP | — | Sec. 17.22.190, Service stations | |
P 4 | P | P | ||
— | P | P | ||
— | CUP | CUP | ||
P | P | P | ||
P | P | P | ||
— | P | P | ||
CUP | CUP | CUP | ||
CUP | CUP | CUP | Sec. 17.22.050, Alcoholic beverage sales | |
P | P | P | Sec. 17.22.050, Alcoholic beverage sales | |
CUP | CUP | CUP | Sec. 17.22.050, Alcoholic beverage sales | |
CUP | CUP | CUP | Sec. 17.22.050, Alcoholic beverage sales | |
CUP | CUP | P | Sec. 17.22.150, Mobile food vendors | |
MUP | MUP | MUP | Sec. 17.22.050, Alcoholic beverage sales | |
P | P | P | ||
MUP | MUP | MUP | ||
P | P | P | ||
MUP 8 | MUP 9 | MUP 9 | ||
CUP | CUP | CUP | ||
CUP | CUP | CUP | ||
CUP | CUP | CUP | Sec. 17.22.050, Alcoholic beverage sales | |
MUP | MUP | MUP | ||
— | P | CUP | ||
CUP 10 | P 10 | CUP 10 | Sec. 17.22.120, Formula businesses | |
Funeral home and mortuary | — | MUP | MUP | |
— | MUP | MUP | ||
CUP | CUP | CUP | ||
MUP | — | MUP | ||
— | — | CUP 4 | ||
CUP 11 | CUP | CUP | ||
— | — | P | Sec. 17.22.200, Short-term rentals | |
CUP | CUP | — | ||
Candle-making | P | P | P | |
Ceramics/pottery | MUP | MUP | MUP | |
Glass blowing | MUP | MUP | MUP | |
Jewelry | P | P | P | |
Multimedia | P | P | P | |
— | — | MUP | ||
P 2 | P | P | ||
P 2 | P | P | ||
P 4 | P | P | ||
— | P/CUP 12 | P/CUP 12 | ||
P 4 | P | P | ||
P 4 | P | P | ||
— | P | P | ||
MUP 2 | MUP | MUP | ||
— | P 2 | P 2 | ||
CUP | — | P | ||
CUP | CUP | CUP | ||
— | P | — | ||
— | MUP | — | ||
P | P | P | ||
P | P | P | ||
— | P | P | ||
— | CUP | CUP | ||
— | P | P | ||
CUP | CUP | CUP | ||
P | P | — | ||
— | P | P | ||
— | P | — | ||
Industrial Uses | ||||
— | CUP | — | ||
— | P | — | ||
— | MUP | MUP | ||
Food and beverage manufacturing/brewery | CUP | CUP | CUP | |
Transportation, Communications, and Utilities | ||||
— | P | P | ||
Telecommunication facility | Sec. 17.22.270, Wireless telecommunication facilities | |||
— | CUP | — | ||
— | CUP | CUP | ||
— | MUP | MUP | ||
CUP | CUP | CUP | ||
Agricultural and Extractive Uses | ||||
— | MUP | MUP | Sec. 17.22.100, Community gardens | |
— | CUP | — | ||
Public/Institutional Uses | ||||
CUP | CUP | CUP | ||
— | MUP | MUP | ||
MUP | MUP | MUP | ||
Church | — | P | — | |
Cultural institution and museum | CUP | MUP | MUP | |
Seven or more persons | — | P | MUP | |
Six or fewer persons | — | P | P | |
P | P | P | ||
CUP | P | P | ||
P | — | P | ||
CUP 4 | CUP | CUP | ||
P 4 | P | — | ||
Accessory Uses—See also Sec. 17.22.020, Accessory Uses | ||||
P | P | P | ||
P | P | P | ||
— | — | MUP | ||
— | — | P | ||
Music/entertainment, live or amplified 6 | P/CUP 13 | P | P/CUP 13 | |
— | CUP | — | ||
MUP | MUP | MUP | Sec. 17.22.170, Outdoor dining and seating | |
— | MUP | MUP | ||
End Notes:
1Permitted on upper floors only.
2Permitted on upper floors only for properties fronting onto Main Street.
3Must be part of a mixed-use development.
4Not permitted on Main Street.
5The following are not permitted:
• Establishments serving customers within their vehicles on the premises or preparing beverages or food intended for consumption within their vehicles on the premises.
• Music or entertainment which is not accessory to the approved use and/or audible beyond the confines of the building in which such music or entertainment is being performed.
• Drive-in for take-out service.
6Roof top uses are only allowed in the CB and MU zoning districts.
7Formula and drive-through restaurant establishments are not permitted.
8Seating is not permitted.
9Limited to ten thousand (10,000) gross square feet.
10A maximum of four formula retail businesses are permitted in any one zoning district.
11Rental of rooms limited to upper floors only for properties fronting onto Main Street.
12A CUP is required for nonpublic wine tasting, offered to wine distributors and wine merchants only.
13A CUP is required for live or amplified music/entertainment outdoors.
(Ord. 23-4 § 5 (Exh. A))
Table 17.17.030(B): Development Standards—Commercial and Mixed-Use Zoning Districts, establishes the development standards for the Commercial Business, Service Commercial, and Mixed-Use zoning districts. The numbers in each illustration refer to corresponding regulations in the table.

Table 17.17.030(B). Development Standards—Commercial and Mixed—Use Zoning Districts
Standard | CB | SC | MU | Key |
|---|---|---|---|---|
Density/Intensity | ||||
n/a | n/a | Up to 20 du/ac | ||
Max. 2.0 (inclusive of residential uses) | Max. 0.50 | Max. 1.0 (inclusive of residential uses) | ||
Lot Size | ||||
Min. Lot Area | 5,000 sq ft | 10,000 sq ft | 5,000 sq ft | |
Min. Lot Width | None | None | 45 ft | ❶ |
Floor Area for Individual Buildings | Max. 10,000 sq ft 1 | Max. 15,000 sq ft | Max. 15,000 sq ft | |
Floor Area per Use | Max. 10,000 sq ft 1 | None | None | |
Main Street: 100% between Spring Street and Adams Street alignment; 85% elsewhere on Main Street | Min. 60% of lot width | Min. 50% of lot width | ❷ | |
All other streets: 60% | ||||
Max. Height | ||||
Principal Structure | 35 ft | 35 ft | Pitched roof: 45 ft/3 stories; 30 ft/2 stories within 20 ft of a residential district | |
30 ft within 25 feet of a residential district and facing Oak Street | ||||
46 ft for parcels not on Main Street | Flat roof: 40 ft/3 stories; 26 ft/2 stories within 20 ft of a residential district | |||
16 ft | 16 ft | 16 ft | ||
Ground Floor Finished Floor Elevation | Max. 2 ft above adjacent right-of-way | Max. 2 ft above adjacent right-of-way | Nonresidential: Max. 2 ft above adjacent right-of-way | |
Residential: Min. 2.5 ft above adjacent right-of-way | ||||
Ground Floor Ceiling Height | Min. 12 ft | Min. 12 ft | Nonresidential: Min. 12 ft | |
Residential: Min. 10 ft | ||||
Main Street: Max. 5 ft; Max 8 ft where active frontage is provided | Min. 25 ft | Nonresidential: Max. 10 ft | ❸ | |
Adams Street and Oak Street: Max. 8 ft | Residential: No setback allowed north of Mitchell Drive; 5—15 ft everywhere else | |||
Min. Street Side Setback | 0 ft | 25 ft 2 | 0 ft | ❹ |
0 ft | 10 ft per floor 2 | 0 ft | ❺ | |
Min. Rear Setback | 0 ft | 15 ft | 0 ft | ❻ |
Yards abutting a residential property must have a minimum of 20 ft 2 | ||||
Min. 50 ft from top of bank of Napa River | ❼ | |||
Min. 20 ft from top of bank of all other waterways | ||||
Landscaping and Open Space | ||||
Private Open Space for Multifamily Development 3 | Min. 80 sq ft per unit | n/a | Min. 120 sq ft per unit | |
Min. Dimension for Private Open Space | 6 ft | n/a | 6 ft | ❽ |
Common Usable Open Space for Multifamily Development 3 | Min. 150 sq ft per lot | n/a | Min. 150 sq ft per lot | |
Min. Dimension for Common Usable Open Space | 8 ft | n/a | 15 ft | ❾ |
Paved/Hardscaped Area | n/a | n/a | Max. 30% of front setback area | |
Landscaped Area 4 | Min 5% of lot area | Min. 15% of lot area | Min. 10% of lot area | |
Required Buffer Abutting Agricultural Use | A landscaped buffer min. 15 ft width with min. 15-gallon street trees at 30 ft on center | |||
End Notes:
1Only applies to the Main Street Corridor, south of Adams Street.
2Properties within the Highway 29 Specific Plan must comply with any additional required interior side and rear setbacks established in the Highway 29 Specific Plan EIR.
3May not include pedestrian access, required landscaped areas, on-site parking or driveway areas, and may not have a slope greater than ten percent (10%).
4Landscaped setbacks areas count toward this requirement.
(Ord. 23-4 § 5 (Exh. A))
The design standards in this section apply to all development within the commercial and mixed-use zoning districts. These design standards supplement the development standards of Table 17.17.030(B): Development Standards—Commercial and Mixed-Use Zoning Districts.
A. General Standards. All development is subject to the provisions of Division IV of this title, Citywide Standards.
B. Highway 29 Specific Plan Applicability. Properties within the Highway 29 Specific Plan area shall meet the requirements of the Highway 29 Specific Plan as well as the design standards of this section.
C. Residential Development in the Mixed—Use Zoning District. Buildings where a minimum of two-thirds of the floor area of the building is residential must meet the requirements of Section 17.16.040, Design standards, as well as those of this section.
D. Building Orientation.
1. Building entrances must be oriented toward public rights-of-way or internal walkways.
2. Building design must prevent direct visual access into adjacent residential properties. Where a new or existing primary interior residential space has an uninterrupted line of sight to windows of a primary interior space at the same floor level within twenty (20) horizontal feet, the glazing of the new windows shall be offset horizontally from the existing glazing by a minimum of twenty-four (24) inches.
E. Building Articulation. Any building over one hundred twenty-five (125) feet in width shall be broken down to read as a series of buildings no wider than seventy-five (75) feet each.
Figure 17.17.040(A). Building Articulation

F. Building Facades Visible From a Public Street.
1. Horizontal articulation must include a differentiated base, a roof cornice line or parapet, and an eave, awning, overhang, transom feature, belt course, or other architectural element that frames the middle section of the building.
2. Buildings or portions of buildings over two stories must include articulation for the top story of the building. This may be accomplished through a change in color, change in material, a cornice/belt course at the bottom of the uppermost floor, change in roof pitch (such as a gable), or an upper-story step-back.
Figure 17.17.040(B). Building Facade Visible From Public Street

3. Awnings must be of a durable, commercial grade fabric, canvas, or similar material with a matte finish.
4. Canopies must be constructed of wood or other natural materials in keeping with materials used historically in the city.
G. Upper—Story Window Design.
1. Upper-story windows must have a height equal to or greater than their width.
2. Trim at least one-half inch in depth must be provided around all windows, or windows must be recessed at least three-quarter inches from the plane of the surrounding exterior wall. Foam is not a permitted trim material.
Figure 17.17.040(C). Upper—Story Window Design

H. Exterior Building Materials and Colors.
1. Building materials that support and enhance the architectural vernacular of the city must be used in all new developments. There are many materials that may be used to achieve this goal, including plaster or stucco, brick, native or artificial stone finishes, form board concrete finishes, board and batten siding, and horizontal siding (except as provided in subsection (H)(3) of this section).
2. In addition, corrugated metal may be used as a roof or siding material in all commercial and mixed-use zoning districts.
3. Specifically prohibited materials include unplastered, unpainted, or painted concrete block, and vinyl or aluminum siding.
4. The palette of materials and colors on a building must be applied to all sides of the building.
5. A palette of contrasting colors is required along Main Street within the CB and MU districts.
I. Front and Street Side Setback Improvements. Where front or street side setbacks are required, these areas must be improved with planters, paving, low walls, climbing vines, outdoor dining/seating areas, or other features that:
1. Visually distinguish parking areas from pedestrian areas;
2. Emphasize the building entrance and any on-site open space; and
3. Frame required building transparency.
J. Refuse and Recycling Area Enclosures.
1. Container Materials. Containers used for the collection and storage of refuse and recyclable materials shall be constructed of a durable waterproof and rustproof material, covered when the site is not attended, secured from unauthorized entry or removal of material and shall be of a capacity sufficient to accommodate materials collected between collection schedules.
2. Enclosure Materials. Unless specifically waived by the design review processes described in Chapter 17.05, Planning Permits and Approvals, all development projects shall have a refuse enclosure constructed of such materials as to be opaque and of sufficient size to permit the storage, removal, and replacement of standard commercial size refuse containers. No collection, storage or stacking of refuse is permitted outside the refuse enclosure.
3. Drainage. The floor of the enclosure shall have a drain that connects to the sanitary sewer system.
K. Design Standards in the CB and MU Districts Only.
1. Building Transparency/Required Openings on Main Street in the CB and MU Districts. Exterior walls facing and within forty (40) feet of a street facing lot line or pedestrian walkway must include windows, doors, or other openings for at least seventy percent (70%) of the building wall area and located between two and seven feet above the level of the sidewalk or walkway. These walls may run in a continuous plane for no more than ten (10) feet without transparency or an opening.
Figure 17.17.040(D). Facade Transparency on Main Street in the CB and MU District

a. Design of Openings. Openings fulfilling this requirement must have transparent glazing and provide views into work areas, display areas, sales areas, lobbies, or similar active spaces, or into window displays that are at least three feet deep.
b. Exceptions for Parking Garages. Multilevel garages are not required to meet the ground-floor transparency requirement.
c. Reductions. The building transparency requirement may be reduced or waived upon finding that:
i. The proposed use has unique operational characteristics with which providing the required windows and openings is incompatible; and
ii. Street-facing building walls will exhibit architectural relief and detail and will be enhanced with landscaping in such a way as to create visual interest at the pedestrian level.
2. Buildings With Main Street Frontage in the CB and MU Districts.
a. Buildings must be oriented to face Main Street with the primary entrance on Main Street.
b. Building entrances must be either covered or recessed a minimum of four feet from the building facade.
c. Buildings on corner parcels must be placed at the intersection of the front and side setback lines for a minimum of thirty (30) feet along both setback lines.
Figure 17.17.040(E). Buildings With Main Street Frontage

3. Off-Street Parking in the MU District.
a. Off-street parking spaces may not be accessed from the front of the lot.
b. Off-street parking spaces may not be located within forty (40) feet of a street-facing property line. Exceptions may be granted through design review upon finding that:
i. The design incorporates habitable space built close to the street frontage to the maximum extent feasible;
ii. The site is small and constrained such that underground parking or surface parking located more than forty (40) feet from the street frontage is not feasible; and
iii. A screen wall designed to match the building materials of the primary building or a row of landscaping screens any off-street parking located within forty (40) feet of the street frontage.
L. Design Standards in the SC District Only.
1. Frontages.
a. Building design must emphasize active frontages and establish a connection to the right-of-way street.
b. Frontages must feature at least one entry.
c. Buildings more than fifty (50) feet in length along a right-of-way must incorporate at least one recessed entry with a minimum depth of six feet from the front facade.
d. The width of the recessed entry must be appropriate relative to the size of the building, with the maximum ratio of building height to entry recess 2.5:1 (height less than 2.5 × width).
2. Building Transparency/Required Openings. Exterior walls facing and within forty (40) feet of a street facing lot line or pedestrian walkway must include windows, doors, or other openings for at least forty percent (40%) of the building wall area and located between two and seven feet above the level of the sidewalk or walkway. These walls may run in a continuous plane for no more than fifteen (15) feet without transparency or an opening.
Figure 17.17.040(F). Building Transparency for SC District

a. Design of Openings. Openings fulfilling this requirement must have transparent glazing and provide views into work areas, display areas, sales areas, lobbies, or similar active spaces.
b. Reductions. The building transparency requirement may be reduced or waived upon finding that:
i. The proposed use has unique operational characteristics with which providing the required windows and openings is incompatible; and
ii. Street-facing building walls will exhibit architectural relief and detail and will be enhanced with landscaping in such a way as to create visual interest at the pedestrian level.
3. Off-Street Parking Areas in the SC District.
a. Off-street parking spaces may not be located within ten (10) feet of a street-facing property line. For properties within the Highway 29 Specific Plan area, refer to that plan for the location and design of proposed parking areas.
b. Curb cuts are limited to one per eighty (80) linear feet of any one street-facing frontage. (Ord. 23-4 § 5 (Exh. A))
This chapter encourages business and industrial uses by providing areas exclusively for development subject to regulations necessary to ensure the protection of adjoining uses. This chapter establishes use regulations, development standards, and design standards for the Business and Professional Office and Industrial zoning districts as follows:
Business and Professional Office (BPO). The BPO zone is intended to provide for professional and administrative offices, medical and dental offices, research and development uses, financial institutions, public and quasi-public uses, and similar and compatible uses. Residential uses in this designation can be considered for a building’s upper floors. This zone implements the office general plan land use designation.
Industrial (I). The I zone is intended to provide for industrial parks, warehouses, light manufacturing, auto and farm-related equipment sales and repairs, viticulture, and winery support services and similar and compatible uses. This zone implements the industrial general plan land use designation. (Ord. 23-4 § 5 (Exh. A))
Table 17.18.020(A): Use Regulations—Business and Industrial Zoning Districts, lists the uses permitted (“P”), permitted with a minor use permit (“MUP”) granted by staff-level review, and permitted with a conditional use permit (“CUP”) granted at a public hearing. The right-hand column provides references to additional regulations beyond those of the base zoning district development and design standards. Any projects that qualify for ministerial approval under state law will be processed ministerially as required by that state law.
Table 17.18.020(A). Use Regulations—Business and Industrial Zoning Districts
Use Classification | BPO | I | Additional Regulations |
|---|---|---|---|
“P” = Permitted; “MUP” = Minor Use Permit; “CUP” = Conditional Use Permit; “—” = Use Not Allowed | |||
Residential Uses | |||
P | — | ||
MUP | CUP | ||
CUP 1 | — | ||
CUP 1 | — | Sec. 17.22.210, Single-room occupancy units | |
Commercial Uses | |||
— | P | ||
Animal care and service | |||
— | CUP | ||
— | P | ||
Farm/agricultural equipment sales, service, and rental | — | P | |
— | CUP | ||
P | — | ||
— | P | ||
P | P | ||
P | P | ||
— | P | ||
— | CUP | See Sec. 17.22.050, Alcoholic beverage sales | |
Candle-making | MUP | P | |
Ceramics/pottery | MUP | P | |
Glass blowing | MUP | P | |
Jewelry | P | P | |
Multimedia | MUP | P | |
CUP | CUP | Sec. 17.22.150, Mobile food vendors | |
— | P | ||
— | P | ||
MUP | P | ||
— | P | ||
— | CUP | ||
P | — | ||
P | — | ||
P | — | ||
P 2 | — | ||
P/CUP 3 | — | ||
P | — | ||
— | P | ||
— | MUP | ||
P | — | ||
— | P | ||
— | P | ||
Industrial Uses | |||
— | P | ||
Construction and material yard | — | P4 | |
— | P | ||
Contractor’s office and showroom, excluding storage yard | P | — | |
— | P | ||
— | P | ||
MUP | MUP | ||
— | P | ||
— | CUP | ||
— | MUP 4 | ||
— | CUP | ||
— | CUP | See Sec. 17.22.050, Alcoholic beverage sales | |
— | CUP | Sec. 17.22.050, Alcoholic beverage sales | |
CUP | P/CUP 5 | ||
— | CUP | ||
Tanks for storage | — | CUP | |
— | P 4 | ||
— | CUP | ||
Transportation, Communications, and Utilities | |||
— | P | ||
Telecommunications | Sec. 17.22.270, Wireless telecommunication facilities | ||
— | CUP 6 | ||
Public services, major (city facilities only) | P | P | |
CUP | CUP | ||
Public services, minor (city facilities only) | P | P | |
MUP | MUP | ||
Transit stations and terminals | — | CUP | |
Agriculture and Extractive Uses | |||
— | CUP 7 | ||
— | CUP 8 | ||
Public/Institutional Uses | |||
CUP | — | ||
CUP | — | ||
Seven or more persons | CUP | — | |
Six or fewer persons | MUP | — | |
CUP | CUP | ||
P | — | ||
— | P | ||
P | — | ||
CUP | — | ||
CUP | — | ||
Accessory Uses—See also Sec. 17.22.020, Accessory uses | |||
— | P | Sec. 17.22.070, Beekeeping | |
— | MUP | ||
P | — | ||
CUP | — | ||
P | — | ||
CUP | CUP | ||
MUP | MUP | ||
End Notes:
1Permitted on upper floors only.
2Storage or on-site shipping and receiving of products not permitted.
3CUP required for nonpublic wine tasting, offered to wine distributors and wine merchants only. No public sales or tasting allowed.
5A CUP is required when uses involve the use of hazardous substances.
6May include cooking and sleeping facilities for employees on duty only.
7Subject to the provisions of the Surface Mining and Reclamation Act of 1975 (Section 2710 et seq. of the Public Resources Code).
8Retail sales and tasting not permitted.
(Ord. 23-4 § 5 (Exh. A))
Table 17.18.030(B): Development Standards—Business and Industrial Zoning Districts, establishes the development standards for the Business and Professional Office and the Industrial zoning districts. The numbers in each illustration refer to corresponding regulations in the table.

Table 17.18.030(B). Development Standards—Business and Industrial Zoning Districts
Standard | BPO | I | Key | |
|---|---|---|---|---|
Density/Intensity | ||||
Max. 20 du/ac | n/a | |||
Max. 0.50 | Max. 0.50 for uses including <90% warehousing | |||
Max. 0.60 for uses including >90% warehousing | ||||
Lot Size | ||||
Min. Lot Area | 7,000 sq ft | 20,000 sq ft | ||
Min. Lot Width | none | 100 ft | ❶ | |
Principal Structure | 30 ft | 45 ft | ||
No roof pitch must be less than 4:12 | 35 ft within 100 feet of a residential, A-20, or W district | |||
Min. Front Setback | 20 ft | 25 ft from any street or public right-of-way | 35 ft from a residential, A-20, or W district | ❷ |
Min. Street Side Setback | 10 ft | ❸ | ||
10 ft | ❹ | |||
Min. Rear Setback | 15 ft | ❺ | ||
Min. 50 ft from top of bank of Napa River | ❻ | |||
Min. 20 ft from top of bank of all other waterways | ||||
Landscaping and Open Space | ||||
Private Open Space for Multifamily Development | Min. 80 sq ft per unit | n/a | ||
Min. Dimension for Private Open Space | 6 ft | n/a | ❼ | |
Landscaped Area 1 | Min. 15% of lot area. | Min. 10% of lot area. | ||
Required Buffer Abutting Agricultural Use and Residential Uses | A landscaped buffer min. 15 ft width with street trees at 30 ft on center | |||
End Note:
1Landscaped setback areas count toward this requirement.
(Ord. 23-4 § 5 (Exh. A))
A. General Standards. All development is subject to the provisions of Division IV of this title, Citywide Standards.
B. Residential—Mixed-Use Buildings. Buildings where a minimum of two-thirds of the floor area of the building is residential must meet the requirements of Section 17.16.040, Design standards, as well as those in this section. In the event of a conflict between the standards of these two sections, the most restrictive shall apply.
C. Design Standards in the BPO District.
1. Building Design. Building design must emphasize active frontages and establish a connection to the right-of-way street.
a. Frontages must feature at least one entry.
b. Buildings more than fifty (50) feet in length along a right-of-way must incorporate at least one recessed entry with a minimum depth of six feet from the front facade.
2. Building Facades Visible From a Public Street. Horizontal articulation must include an eave, awning, overhang, a differentiated building base, or other architectural element that articulates the building facade.
3. Front and Street Side Setback Improvements. Where front or street side setbacks are provided, these areas must be improved with planters, paving, low walls, climbing vines, outdoor dining/seating areas, or other features that:
a. Visually distinguish parking areas from pedestrian areas;
b. Emphasize the building entrance and any on-site open space; and
c. Frame the building’s ground-level windows.
4. Fencing. No fence in the front setback may exceed three feet in height. All other fencing outside the front setback may not exceed six feet in height.
5. Trash Enclosures. Unless specifically waived by the design review processes described in Chapter 17.05, Planning Permits and Approvals, all development projects shall have a refuse enclosure constructed of such materials as to be opaque and of sufficient size to permit the storage, removal, and replacement of standard commercial size refuse containers. No collection, storage or stacking of refuse is permitted outside the refuse enclosure. Trash enclosures must be illuminated for nighttime security and use.
6. Parking. Parking spaces may be paved with all-weather pervious materials, but travelways must be of concrete or asphalt.
D. Design Standards in the I District.
1. Building Design. Buildings more than fifty (50) feet in length along a right-of-way must incorporate at least one recessed entry with a minimum depth of six feet from the front facade.
2. Building Facades Visible From a Public Street. Horizontal articulation must include an eave, awning, overhang, a differentiated building base, or other architectural element that articulates the building facade.
3. Front and Street Side Setback Improvements. Where front or street side setbacks are provided, these areas must:
a. Visually distinguish parking areas from pedestrian areas;
b. Emphasize the building entrance and any on-site open space; and
c. Frame the building’s ground-level windows.
4. Required Screening Abutting a Nonindustrial District.
a. Abutting All Residential Districts. Where abutting a residential district, an eight-foot opaque, landscaped, soundproofed wall is required.
b. Abutting All Nonindustrial and Nonresidential Districts. Where abutting a nonindustrial or nonresidential district, an eight-foot opaque landscaped fence or wall is required. The eight-foot screening element need not be located on the property line.
5. Landscaped Buffer. In addition to the requirements of Table 17.18.030(B): Development Standards—Business and Industrial Zoning Districts, landscape requirements for buffer areas are as follows:
a. A landscaped buffer at least twenty-five (25) feet in width with street trees at thirty (30) feet on center is required along all street frontages;
b. Trees shall be at least fifteen (15) gallon size at time of planting; and
c. Ground cover must be installed under trees and maintained in accordance with approved plans.
Figure 17.18.040(A). Landscape Buffer

6. Fencing. No fence in the front setback may exceed three feet in height. All other fencing outside front setback may not exceed eight feet in height.
a. An eight-foot opaque landscaped fence or wall (side/rear setback) is required where abutting a nonindustrial zone. If a residential zone abuts the property, subsection (D)(6)(b) of this section applies;
b. An eight-foot opaque, landscaped, and soundproofed wall is required where abutting a residential zone.
7. Parking and Loading.
a. Off-street parking is not permitted in the required front setback. If a property is located in the Highway 29 Specific Plan area, the parking site design must comply with the standards of the specific plan if more restrictive.
b. Parking spaces may be paved with all-weather dust-free pervious materials; however, travelways must be of concrete or asphalt.
c. No loading/unloading may be conducted in a public right-of-way.
d. There must be at least one off-street loading space per use. Additional loading dock and truck standing requirements must be based on proposed uses and must ensure that trucks will not block traffic or obstruct on-street parking spaces. Additional requirements may be specified as a condition of a conditional use permit.
8. Other Standards.
a. An interior fire sprinkler system approved by the chief building official must be installed in all buildings.
b. One-hour minimum fire-resistant construction on all exterior walls within ten (10) feet of all property lines must be installed. Fire resistant construction of interior walls shall be determined by type of occupancy and approved by the chief building official.
c. Low flow (water restricting) plumbing devices shall be installed. (Ord. 23-4 § 5 (Exh. A))
This chapter protects existing resources while providing for a range of agricultural, residential, and community uses within the city’s agricultural and natural resource areas. This chapter establishes use regulations, development standards, and design standards for the Twenty-Acre Agriculture, Winery, and Woodlands and Watershed zoning districts as follows:
Twenty—Acre Agriculture (A-20). The A-20 zone is intended to provide for agricultural and residential uses. The purpose of the A-20 district is to preserve agricultural land uses and provide for future orderly development as the urban limit line is adjusted to accommodate urban growth. This zone restricts the density of residential use and stipulates the location and area of residential development to promote preservation of agricultural land use and reduce impacts to the provision of infrastructure as the urban area of the city expands. This zone implements the agriculture general plan land use designation.
Winery (W). The W zone is intended to provide for winery and winery-related uses within the agriculture general plan land use designation. This zone implements the agriculture general plan land use designation.
Woodlands and Watershed (WW). The WW zone is intended to allow residential development that is sensitive to the land and its varying capability for development. Development in the WW zone carefully considers the community-wide implications of natural conditions and minimizes impacts on natural conditions. This zone implements the woodlands and watershed general plan land use designation. (Ord. 23-4 § 5 (Exh. A))
Table 17.19.020(A): Use Regulations—Community Agriculture and Natural Resource Zoning Districts, lists the uses permitted (“P”), permitted with a minor use permit (“MUP”), and permitted with a conditional use permit (“CUP”) granted at a public hearing. The right-hand column provides references to additional regulations beyond those of the base zoning district development and design standards. Any projects that qualify for ministerial approval under state law will be processed ministerially as required by that state law.
Table 17.19.020(A). Use Regulations—Community Agriculture and Natural Resource Zoning Districts
Use Classification | A-20 | W | WW | Additional Regulations |
|---|---|---|---|---|
“P” = Permitted; “MUP” = Minor Use Permit; “CUP” = Conditional Use Permit; “—” = Use Not Allowed | ||||
Residential Uses | ||||
P/CUP 1 | P/CUP 1 | — | ||
P 2 | P 2 | P 2 | ||
Commercial Uses | ||||
Animal care and service | ||||
CUP | — | — | ||
CUP | — | — | ||
Industrial Uses | ||||
Manufacturing, packaging and processing | — | CUP | — | |
Tanks associated with winery uses | — | CUP 3 | — | |
— | CUP | — | ||
— | CUP | — | ||
Transportation, Communications, and Utilities | ||||
MUP | MUP | MUP | ||
Telecommunication | Sec. 17.22.270, Wireless telecommunication facilities | |||
Agricultural and Extractive Uses | ||||
P/CUP 4 | — | P 5 | ||
P | P | P | Sec. 17.22.100, Community gardens | |
P/CUP 6 | P/CUP 6 | P/CUP 6 | ||
Processing of agricultural products primarily produced on the premises | CUP | CUP | — | |
— | CUP | — | ||
Accessory Uses—See also Sec. 17.22.020, Accessory uses | ||||
P | P | P | Sec. 17.22.060, Animal keeping | |
P | P | P | Sec. 17.22.070, Beekeeping | |
P | P | P | ||
Garages, carports, workshops, pool houses, gazebos, patio covers, and other accessory buildings and structures | P 7 | P | CUP | Sec. 17.24.020, Accessory buildings and structures |
P | P | P | ||
P | P | P | ||
P | — | CUP | Sec. 17.22.130, Home occupations | |
CUP | P/CUP 8 | — | ||
P | P | P | ||
Tasting room affiliated with small winery | CUP | CUP | CUP | |
— | CUP | — | ||
CUP | CUP | — | Sec. 17.22.230, Small wineries | |
— | CUP | — | ||
Uses accessory to a winery enclosed within a building (e.g., offices, laboratories, equipment maintenance shops, employees’ eating facilities, cooperage repair shops, wine storage tanks, scales, and boiler rooms) | — | P | — | |
Uses and equipment accessory to a winery located outdoors | — | CUP 9 | — | |
End Notes:
1Up to thirty-six (36) beds in group quarters or twelve (12) units or spaces designed for use by a single-family or household pursuant to California Health and Safety Code Section 17021.6 are permitted. Otherwise, a CUP is required.
2On parcels over two acres in size, the single-family dwelling must be accessory to an agricultural use.
3If the new tanks increase wine production volume beyond what is established in an existing CUP or certificate of legal nonconforming use, a new CUP is required. If there is no increase in wine production as a result of the proposed new tanks, no CUP is required. Design review is not required for new tanks placed indoors.
4Hog farms, dairies, commercial poultry farms, and egg ranches require a CUP.
5Horses and cattle are not permitted.
6CUP required for new uses within thirty (30) feet of Napa River, York Creek, Sulphur Springs Creek and for new uses within Flood Plain Overlay (see Section 17.21.010, Flood Plain Overlay (FP)).
7Plumbing and cooking facilities are not permitted.
8CUP is required where the roadside stand exceeds two hundred (200) square feet.
9Any outdoor winery equipment or improvements proposed to be located within four hundred (400) feet of any R zone or within two hundred (200) feet of State Highway 29, the Silverado Trail or Deer Park Road requires a CUP.
(Ord. 23-4 § 5 (Exh. A))
Table 17.19.030(B): Development Standards—Community Agriculture and Natural Resource Zoning Districts, establishes the development standards for the Twenty-Acre Agriculture, Winery, and Woodlands and Watershed zoning districts. The numbers in each illustration refer to corresponding regulations in the table.

Table 17.19.030(B). Development Standards—Community Agriculture and Natural Resource Zoning Districts
Standard | A-20 Lots >5 Acres | W | WW | Key | |
|---|---|---|---|---|---|
Max. 1 unit/5 acres 2 | Max. 1 unit/5 acres 2 | ||||
Lot Size | |||||
Min. 20 acres | Min. 20 acres | Min. 20 acres | 5—40 acres | ||
No min. | No min. | Min. 300 ft | 20—200 ft | ❶ | |
Max. Lot Coverage (Includes Accessory Structures) | 9,000 sf 3 | 10,000 sf 3 | 50% | 10% or 20,000 sq ft, whichever is less | |
Max. Ground Level Floor Area (Excludes Accessory Structures) | 4,500 sq ft | 5,000 sq ft | none | none | ❷ |
Max. Second-Story Floor Area | 35% of the ground floor area | 20% of the ground floor area | none | none | |
Principal Structure | Max. 30 ft | Max. 30 ft | Max. 45 ft | Max. 35 ft above natural grade | |
Max. 20 ft; except for ADUs, refer to Section 17.22.030(E)(2). | Max. 20 ft; except for ADUs, refer to Section 17.22.030(E)(2). | none | none | ||
Min. 50 ft, measured from the centerline of abutting street | Min. 50 ft, measured from the centerline of abutting street | Min. 100 ft | 20—50 ft or 10% of lot depth, whichever is lesser | ❸ | |
Min. 50 ft, measured from the centerline of abutting street | Min. 50 ft, measured from the centerline of abutting street | Min. 50 ft | 20—50 ft or 10% of lot width, whichever is lesser | ❹ | |
Min. 20 ft | Min. 20 ft | Min. 50 ft | 20—50 ft or 10% of lot width, whichever is lesser | ❺ | |
Min. 20 ft | Min. 20 ft | Min. 75 ft | 20—50 ft or 10% of lot depth, whichever is lesser | ❻ | |
Min. 50 ft from top of bank of Napa River | |||||
Min. 20 ft from top of bank of all other waterways | |||||
Landscape and Open Space | |||||
Max. Paved/Hardscaped Area | 0.25 acre | 0.5 acre | none | none | |
End Notes:
1For all lots less than two acres in area refer to the development standards for the LR-1A zoning district in Table 17.16.030(B): Development Standards—Residential Zoning Districts.
2Density excludes agricultural employee housing.
3No more than one-quarter acre of any one parcel < five acres (or one-half acre for parcels > five acres) may be removed from potential, historical, or active agricultural use. All structures, driveways (except for a sixteen (16) foot wide driveway no greater than two-thirds the length of the parcel), parking areas, patios, pools, lawn areas, or other nonagricultural uses are included in the one-quarter acre or one-half acre respectively, maximum standard per parcel.
4The habitable space in accessory structures may not exceed twenty-five percent (25%) of the gross floor area of the primary structure.
(Ord. 23-4 § 5 (Exh. A))
A. General Standards. All development is subject to the provisions of Division IV of this title, Citywide Standards.
B. Design in the A-20 District.
1. Residential Design Standards. All residential development is subject to the standards of Section 17.16.040(A).
2. Accessory Buildings in the A-20 District. Barns, stables, chicken houses and similar accessory buildings must be placed not less than fifty (50) feet from a street, nor less than fifty (50) feet from any dwelling on an adjacent parcel or R district boundary line.
Figure 17.19.040(A). Accessory Buildings in the A-20 District

C. Development in the W District.
1. All wine storage tanks and surface winery waste treatment facilities shall be subject to the standards in Table 17.19.030(B): Development Standards—Community Agriculture and Natural Resource Zoning Districts.
2. No use authorized under the provisions of this chapter shall be permitted where use, occupancy or patronage will exceed the capability of the site to provide off-street parking, waste disposal system and reasonable provisions for public safety.
3. Retail sales and food and drink facilities must be integrated with a visitor center, and no advertising or other exterior evidence of such use shall be visible from any public right-of-way.
4. Winery operations shall generate sound levels no greater than fifty-five (55) decibels at any property line more than ten percent (10%) of the time (L 10). “L 10” is the noise level at the property line that is exceeded ten percent (10%) of the operating time.
5. Winery operations shall generate no discernible odors of sewerage or putrefying organic material origin, other than normal fermentation odors, at the property lines.
6. Bottling, warehousing and retail sales activities shall be conducted within structures specifically designated for such uses.
D. Development in the WW District.
1. All clearing and earthmoving must be conducted in compliance with an erosion control plan as prepared by a registered civil engineer and approved by the city engineer.
2. No disturbance of definite or suspected landslides or soil creep areas is permitted, as identified on maps produced by United States Geological Survey (USGS) or on any other more detailed study prepared by properly credentialed professionals and reviewed by the city’s geotechnical consultant.
3. No disturbance of, or development within, riparian areas within one hundred (100) feet of intermittent or perennial streams noted on USGS maps is permitted.
4. No earth movement on slopes in excess of thirty percent (30%) is permitted. An exception may be granted by the city engineer for minor trenching and backfilling for the installation of utilities and for temporary, nongraded access for construction purposes where no trees or substantial vegetation will be removed and where the surface will be recontoured to previous condition and revegetated according to the erosion control plan. Applications for an exception must include submittal of a construction plan for the equipment to be installed, a plan for the maintenance of that equipment, a soils and slope stability analysis prepared by a geotechnical engineer, an erosion control plan pursuant to subsection (D)(1) of this section, and a revegetation plan, utilizing native plant species, for the area that will be disturbed by the earth movement. Prior to granting an exception, the city engineer must find that the project does not have potential for creating significant erosion problems. A performance bond must be required and held by the city for one year after completion of the project to ensure that the recontouring and revegetation were properly installed.
5. No buildings (other than water tanks, which must be screened) may be constructed within one hundred (100) feet of the primary ridgeline on any parcel. The intent of this section is to reduce the visual impact of buildings that would obscure public views of the most prominent ridgeline on each property, without precluding the opportunity of the property owner to site a building that could attain a view. In implementing this section, the planning commission must adopt a finding that the approved plan balances the owner’s interest in attaining a view against the city’s interest in preventing the obstruction of scenic views.
6. Water and sewer systems will be constructed and maintained, at the applicant’s expense, to meet such standard as may be adopted by ordinance of the city council, or in the absence of such to the satisfaction of the city engineer. If individual and/or private water and/or sewage systems are proposed, prior approval must be obtained from the Napa County department of environmental management.
7. The fuel loading within fifty (50) feet of the building or building envelope must be maintained at a level not to exceed such standard as may be adopted by the city council.
8. New roads/common drives/driveways must be maintained so as to guarantee all of the following:
a. Safe two-way year-round passage of emergency vehicles, as defined in St. Helena access road standards, as adopted by the city council.
b. Erosion from road cuts/fills must not exceed such standard as specified in an erosion control plan approved by Napa County resource conservation district, pursuant to ordinance adopted by the city council, or in the absence of such, to the satisfaction of the city engineer.
c. Dust creation must be minimized and must not exceed such standard as may be adopted by ordinance of the city council.
d. Earth movement must not obstruct or obliterate circulation improvements.
e. Grading must occur between April 1st and October 15th unless approved otherwise by the city engineer.
9. Emergency vehicle access must be constructed and maintained, at the applicant’s expense, to allow interconnection with nearby roads.
10. Roofing materials must be noncombustible. See the fire code for sprinkler and water supply requirements. (Ord. 23-4 § 5 (Exh. A))
This chapter provides civic spaces throughout the city to properly serve the needs of residents and provide open space for recreation and to conserve natural habitats. This chapter establishes use regulations, development standards, and design standards for the Public and Quasi-Public, Parks and Recreation, and Open Space zoning districts as follows:
Public and Quasi—Public (PQP). The PQP zone is intended to provide for government-owned facilities, public and private schools and quasi-public uses such as churches and cemeteries, government buildings, utilities, libraries, and emergency transportation service. This zone implements the public/quasi-public general plan land use designation.
Parks and Recreation (PR). The PR zone is intended to provide for public parklands primarily designed for public recreation. It is applied to existing public parks, as well as passive open spaces. This zone implements the parks and recreation general plan land use designation.
Open Space (OS). The OS zone is intended to provide for natural open space areas that are devoted to the preservation of natural resources, the managed production of resources, outdoor recreation or public health and safety. Areas designated for open space are all associated with stream corridors that pass through or adjacent to the city including the Napa River, Sulphur Springs Creek, York Creek and Spring Creek. This zone implements the open space general plan land use designation. (Ord. 23-4 § 5 (Exh. A))
Table 17.20.020(A): Use Regulations—Public and Open Space Zoning Districts, lists the uses permitted (“P”), permitted with a minor use permit (“MUP”) granted by a staff-level review, and permitted with a conditional use permit (“CUP”) granted at a public hearing. The right-hand column provides references to additional regulations beyond those of the base zoning district development and design standards.
Table 17.20.020(A). Use Regulations—Public and Open Space Zoning Districts
Use Classification | PQP | PR | OS | Additional Regulations |
|---|---|---|---|---|
“P” = Permitted; “MUP” = Minor Use Permit; “CUP” = Conditional Use Permit; “—” = Use Not Allowed | ||||
Residential Uses | ||||
— | MUP 1 | — | ||
Commercial Uses | ||||
CUP | — | — | ||
Transportation, Communications and Utilities | ||||
CUP | — | — | ||
CUP | — | — | ||
MUP | MUP | MUP | ||
Telecommunication | Sec. 17.22.270, Wireless telecommunication facilities | |||
Agricultural and Extractive Uses | ||||
CUP | CUP | — | Sec. 17.22.100, Community gardens | |
— | — | CUP | ||
Public/Institutional Uses | ||||
CUP | CUP | — | ||
CUP | — | — | ||
CUP | — | — | ||
CUP | — | — | ||
Cultural institution and museum | CUP | CUP | — | |
CUP | — | — | ||
— | CUP | — | ||
— | P | CUP | ||
CUP | CUP | — | ||
— | P | P | ||
Accessory Uses—See also Sec. 17.22.020, Accessory uses | ||||
P | P | P | Sec. 17.22.070, Beekeeping | |
End Notes:
1The residence must be occupied by employees and their immediate families, employed for the purpose of on-site management, maintenance, or upkeep. Temporary business guests and employees on temporary assignment are also allowed to reside in the unit.
2Provided such operations were approved by the city prior to October 1, 1993, and are productive and economically viable.
(Ord. 23-4 § 5 (Exh. A))
Table 17.20.030(B): Development Standards—Public and Open Space Zoning Districts, establishes the development standards for the Public and Open Space zoning districts. The numbers in each illustration refer to corresponding regulations in the table.

Table 17.20.030(B). Development Standards—Public and Open Space Zoning Districts
Standard | PQP | PR | OS | Key |
|---|---|---|---|---|
0.15—0.5 | None | None | ||
Max. Lot Coverage | 50% | 50% | 10% or 20,000 sq ft, whichever is less | |
30 ft | 30 ft | 30 ft | ||
15 ft | 75 ft | 35 ft | ❶ | |
Min. Street Side Setback | 10 ft | 50 ft | 20 ft | ❷ |
10 ft | 50 ft | 10 ft | ❸ | |
Min. Rear Setback | 15 ft | 75 ft | 40 ft | ❹ |
Min. 50 ft from top of bank of Napa River | ||||
Min. 20 ft from top of bank of all other waterways | ||||
(Ord. 23-4 § 5 (Exh. A))
A. General Standards. All development is subject to the provisions of Division IV of this title, Citywide Standards.
B. Trash Enclosures. Unless specifically waived by the design review process described in Chapter 17.05, Planning Permits and Approvals, all projects must have a trash enclosure constructed of opaque materials and sufficiently sized to permit the storage, removal and replacement of standard commercial-size trash bins. No collection, storage or stacking of garbage, trash and refuse is permitted outside the trash enclosure. This requirement does not preclude the placement of individual trash containers on the parcel.
C. Development in the OS District. Limited development is permitted on open space-designated parcels along Sulphur Springs Creek west of the Crane Avenue Bridge. The development potential of open space-designated parcels will be determined in accordance with standards governing parcels designated agriculture in the general plan and zoned A-20. All development must be outside the stream corridor and structures must be set back from the creek’s edge consistent with the base standards, the Flood Plain Overlay district, and the California Department of Fish and Game standards. (Ord. 23-4 § 5 (Exh. A))
Overlay zoning districts are intended to provide for the regulation of properties with special or unique conditions and establish regulations which shall be in addition to those of the base zoning district. The Overlay designations set forth in this title are as follows:
Table 17.21(A). Overlay Zoning Districts
Abbreviation | Name |
|---|---|
FP | Flood Plain Overlay |
MHP | Mobile Home Park Overlay |
PED | Parking Exemption District |
HP | Historic Preservation Overlay |
PD | Planned Development Overlay |
(Ord. 23-4 § 5 (Exh. A))
A. Purpose. This section identifies and designates areas subject to flooding and to provide protection against flood damage for uses and service facilities in these areas by requiring proper design at the time of initial construction. In any zoning district which is combined with an FP Overlay district, the regulations of this section must apply in addition to those specified for the underlying zoning district. If any conflict in these regulations occurs with other provisions of this title or any other ordinance or resolution of the city, the regulations of this section govern.
B. Applicability. The provisions of this section apply within any area designated as within the One Hundred (100) Year Flood Plain Overlay area as shown on Federal Emergency Management Agency (FEMA) maps and the general plan safety element on file with the city’s community development department.
C. Prohibited Uses. The following uses are prohibited within the Flood Plain Overlay district:
1. Hospitals;
2. Health care facilities;
4. Fire stations;
5. Telecommunication facilities;
6. Emergency command centers; and
7. Emergency communications facilities.
D. Buildings and Construction Requirements. New construction or replacement of existing construction is subject to the standards of Chapter 15.52, Flood Damage Prevention.
E. Setback Standards. No development, grading, or agricultural planting shall encroach within the setback standards noted below, as measured from the top of the bank:
1. Napa River: fifty (50) feet.
2. Sulphur Springs Creek: twenty (20) feet.
F. Design Standards. The following standards apply to development within the Flood Plain Overlay district:
1. Utilities. New or replacement water supply systems and/or sanitary sewer systems must be designed to minimize or eliminate infiltration of flood waters into the systems and discharges from the systems into flood waters. On-site waste disposal systems must be located to avoid impairment of water supply systems and/or sanitary sewer systems or contamination from them during flooding.
2. Riparian Area Protection. To minimize disturbance to the waterway and vegetation, on the edge of the applicable waterway setback the project applicant shall erect a minimum four-foot-high construction fence prior to the issuance of a grading permit. The fence shall stay in place until a certificate of occupancy is issued.
G. Building Permits.
1. No person must commence, authorize, or cause to be commenced any erecting, constructing, enlarging, altering, repairing, improvising, moving or demolishing of any building or structure without first obtaining a separate building permit for each building or structure from the chief building official.
2. All building permit applications for major repairs must be reviewed by the chief building official to determine that the proposed repair:
a. Uses construction materials and utility equipment that are resistant to flood damage; and
b. Uses construction methods and practices that will minimize flood damage.
3. All building permit applications for new construction or substantial improvements must be reviewed by the chief building official to assure that the proposed construction (including prefabricated and mobile homes):
a. Is protected against flood damage;
b. Is designed (or modified) and anchored to prevent flotation, collapse or lateral movement of the structure;
c. Uses construction materials and utility equipment that are resistant to flood damage; and
d. Uses construction methods and practices that will minimize flood damage.
4. Exemption. Building height within the Flood Plain Overlay district must be measured from the flood elevation rather than natural grade.
H. Subdivisions. All subdivision proposals and other proposed new developments must be reviewed by the city engineer to assure that:
1. All such proposals are consistent with the need to minimize flood damage;
2. All public utilities and facilities, such as sewer, gas, electrical and water systems, are located, elevated, and constructed to minimize or eliminate flood damage; and
3. Adequate drainage is provided so as to reduce exposure to flood hazards. (Ord. 23-4 § 5 (Exh. A))
A. Purpose. The Mobile Home Park Overlay district provides, when combined with an underlying Residential zoning district, for the establishment and operation of mobile homes.
B. Zone Change and Conditional Use Permit Approval.
1. An application for a zoning map amendment or rezoning to combine the MHP Overlay and a Residential zoning district and for conditional use permit approval for a mobile home park must be filed simultaneously with the community development department. The zoning map amendment and the conditional use permit will be considered simultaneously by the approval authority.
2. The application for the conditional use permit must include, in addition to the requirements of Chapter 17.05, Planning Permits and Approvals, the following:
a. A site sketch indicating the location of the proposed park in relation to the surrounding area or region.
b. The park name, date, north point, scale, and sufficient boundaries to define the proposed acreage of the site.
c. The number of proposed mobile home spaces.
d. Names and addresses of record owner, engineer, or surveyor.
e. Location, names, and present width and grades of adjacent or abutting streets.
f. Existing topography and proposed changes, including trees, rock formations and other unusual features of the site, and at least one hundred (100) feet beyond its boundaries. Individual trees with a diameter of more than eight inches, measured twenty-four (24) inches above existing grade, must be identified by type, circumference, and dripline. Any trees proposed for removal must also be indicated. Contour lines must have the following intervals:
i. One-foot contour intervals for a ground slope less than five percent;
ii. Two-foot contour intervals for a ground slope between five and ten percent (10%); and
iii. Five-foot contour intervals for a ground slope greater than ten percent (10%).
g. Approximate location of all areas subject to inundation of storm water overflow, and location, width, and direction of flow of all watercourses.
h. Approximate width and location of all existing easements.
i. Approximate dimensions of all mobile home spaces, radii of all curves and central angles.
j. Location of all existing structures identified by type and indicating which are proposed to be removed and which will remain.
k. Location of building setback line from each stream or river on the site, if applicable.
l. Location of existing overhead utility lines and poles on site and on peripheral streets.
C. Uses Permitted. The following uses are permitted in the Mobile Home Park Overlay district:
1. The installation of mobile homes that meet all applicable federal and state regulations.
2. Accessory structures in accordance with California Code of Regulations, Title 25, Division 1, Chapter 2, Article 9.
D. Conditional Uses. Changes to approved uses within mobile home parks require a conditional use permit approval subject to Section 17.05.020, Conditional use permit (CUP).
E. Development Standards.
1. Mobile home park development within the city must comply with all applicable federal and state regulations.
2. Screening must enclose the mobile home park at its street side setback lines and must be located along all other property lines.
3. Vehicle parking and access must be consistent with Chapter 17.26, Parking and Loading.
4. All setbacks must be landscaped with plant materials, equipped with sprinklers and adequately maintained in accordance with Chapter 17.25, Landscaping.
5. All mobile homes must be on a permanent foundation.
F. Enforcement.
1. The Mobile Home Park Overlay regulations are intended to complement and be subordinate to state law. The state law governing manufactured home parks is entitled the “Mobilehome Parks Act” and may be found in Division 13, Parts 2.1 and 2.3 of the California Health and Safety Code. Mobile home park regulations are contained in the California Code of Regulations, Title 25, Division 1, Chapters 2 and 2.2. The city does not assume responsibility for the enforcement of the regulations contained therein and all mobile home parks within the city remain subject to the jurisdiction of the California Housing and Community Development Department in its role as the enforcement agency for the above described state laws. Nothing contained in this section must be construed to abrogate, void or minimize such other pertinent regulations and all pertinent state and city regulations concerning the development and operation of mobile home parks must be observed.
2. Mobile homes located within areas of special flood hazard are required to be in compliance with Chapter 15.52, Flood Damage Prevention. (Ord. 23-4 § 5 (Exh. A))
A. Purpose. The Parking Exemption district (PED) establishes an area without on-site parking requirements or an in-lieu fee. The Parking Exemption district, generally within the CB district, is an area found to be impacted by insufficient off-street parking due to the age of the buildings. The PED is intended to preserve the unique character of the district.
B. Standards. All existing on-site parking within the Parking Exemption district must be maintained.1

(Ord. 23-4 § 5 (Exh. A))
1Upon completion of a downtown parking study, this section of the code will be amended to reflect any new standards or an in-lieu fee.
A. Purpose. This section is intended to safeguard the historic and architectural character of St. Helena by recognizing and preserving significant historic and cultural resources in the Historic Preservation (HP) Overlay district. It establishes design standards for the preservation and rehabilitation of historically and culturally significant resources as well as standards to ensure new development in the Historic Preservation Overlay zone is architecturally compatible.
B. Applicability. The provisions of this section apply to parcels included in the Historic Preservation (HP) Overlay map on file with the city, including those properties on the city’s historic resources list (local register), properties designated as a local historic district, and properties designated as a historic resource.
C. Review for Compliance. All infill development proposals in the Historic Preservation Overlay district are subject to design review approval by the planning commission.
D. Standards for Preservation. This section establishes standards for the preservation of historic structures within the city.
1. Purpose. These standards implement the general plan’s policies related to the preservation and adaptive reuse of officially designated historic resources throughout the city and of structures having potential historical value within the city’s Historic Preservation Overlay zone.
2. Applicability. These standards must be utilized during the development/design review process as criteria against which to review exterior modifications within the Historic Preservation Overlay district requiring administrative or discretionary approval. The Secretary of the Interior’s Standards for Rehabilitation in subsection E of this section provide further detail on the treatment of historic properties.
3. Preservation and Rehabilitation of Existing Structures. In general, preservation and rehabilitation efforts must aim toward protecting the essential architectural features of a structure that help to identify its individual style and thereby further its contribution to the historic character of the surrounding neighborhood.
a. General Rehabilitation Principles.
i. Historic structures should be recognized for their own time and style. Rehabilitation should not try to create a preconceived concept of history, but should reuse existing or appropriate features.
ii. Rehabilitation of historic structures should retain and restore original elements first. If damage or deterioration is too severe, the element should be recreated using original materials to match the color, design, texture, and any other important design features.
iii. When replacement is necessary and original material cannot be obtained, substitution material should incorporate the color, design, and texture that conveys the visual appearance of the original material.
iv. The proposed alteration must reflect the original building exterior and site design features as determined from an early photograph, original building plans, or other evidence of original building features. This includes building and site design materials and colors, including walls, fences and roofing.
b. Doors.
i. The front door of a historic structure must fit the particular style of the structure. The shape, size, and style of doors are important features of all historical architectural styles and the original design/type must be maintained.
ii. Repair rather than replace original doors whenever possible. When replacement is necessary, the replacement door must match the original design and materials as closely as possible.
iii. If the original door is missing, appropriate design and materials must be selected by studying the doors of similar structures in the surrounding neighborhood or consulting books on architectural styles.
c. Exterior Materials.
i. The original exterior building materials must be retained whenever possible. It is not desirable to use mismatched materials of different finishes, shapes, sizes, or textures.
ii. Structures with original wood siding must not be stuccoed in an attempt to modernize their appearance. Likewise, plastic shingles must not be used to replace wood siding or shingles.
iii. Original siding materials must not be covered over, cladded, or replaced with a different material.
iv. Brick surfaces must not be sandblasted in an attempt to remove old paint. Sandblasting damages the natural fired surface of the brick, and causes it to lose its water repellent qualities. Also, mechanical grinders must not be used to remove mortar as this can damage the brick surrounding the joint.
v. Nondurable contemporary substitute materials, such as vinyl siding and foam trim, are not acceptable.
d. Ornamentation and Trim.
i. Authentic decoration and trim on a structure provides the character defining features and identifies the structure with its particular architectural style. Original architectural elements such as cornices, moldings, and trim must not be removed.
ii. Deteriorated architectural features shall be repaired rather than replaced wherever possible. If replacement is necessary, new materials shall match the original in design, color, texture, and other visual qualities. If the original was painted, the substitute materials shall be painted as well.
e. Porches and Stairs. During rehabilitation efforts, the design integrity of the front porch must not be compromised. Front porches must not be enclosed with walls or windows.
f. Roofs.
i. Roofing must be watertight and utilize roofing materials that are compatible with the original style of the structure. When replacement is necessary roofing materials must be selected that are appropriate to the structure’s architectural style.
ii. Roof form and eave details, such as rafter tails, vents, parapets, dormers, and other architectural features, must be preserved. When repairing or altering a roof, the original roof pitch and orientation to the street must be maintained.
iii. It should be recognized that fire safety requirements may preclude reroofing a structure in its original material. The determination of what material to use for the replacement of wood shingles or shakes in historic structures must be based on compatibility with the colors and materials used elsewhere on the structure.
g. Windows.
i. The shape, size, and style of windows are an important feature of architectural styles and the original type window must be maintained.
ii. When window replacement is necessary, it is recommended that the new window be an exact match of the original.
iii. Proportions of existing window openings and the pattern of existing window sashes must be maintained in replacement work.
iv. Aluminum or plastic frame windows must not be used as replacements on any part of a historic structure without justification. The use of such materials is highly visible and the contrast of materials and styles can permanently affect the architectural integrity of the structure. The use of traditional materials is preferred treatment.
v. Where the original structure includes transom windows in the St. Helena Historic Commercial district, this traditional storefront must be retained. If the ceiling inside the structure has been lowered, the ceiling must be stepped up to meet the transom so that light will penetrate the building interior.
4. Additions to Existing Structures. Additions to historic structures may be necessary to ensure their continued use. Modifications (e.g., additions, new entrances and exits, parking facilities, handicap facilities, and seismic strengthening) must be made with care so as not to compromise a structure’s character defining features, finishes, or materials.
a. Site Plan Considerations. Additions must be carefully placed to minimize changes in the appearance of the structure from the public right-of-way. Whenever possible, additions must be placed to the side or rear of the structure and must not obstruct the appearance of the structure from the public right-of-way.
b. Architectural Compatibility.
i. Additions to historically valuable structures should incorporate the architectural features of the original structures including:
(A) Door and window shape, size, and type;
(B) Exterior materials;
(C) Finished floor height; and
(D) Roof material, pitch, and style.
ii. Refer to the rehabilitation standards, subsection (D)(3) of this section, for discussion of appropriate exterior doors, porches, wall materials, windows, etc.
c. Roof Pitch and Style.
i. The roof of a structure, especially its pitch and style, is an important architectural element that must be taken into consideration when planning an addition.
ii. Whenever possible, the pitch and style on the addition must match the original.
iii. Roof materials must be compatible to the existing building.
d. Second—Story Additions.
i. Because adding an additional story to an existing structure will always change the structure’s proportions, such additions must be carefully designed to follow similar two-story examples of the particular style that may be found in the surrounding neighborhood.
ii. To minimize the visibility of the second-story addition from the public right-of-way, the addition must be stepped back behind the existing roof ridge.
5. Review for Compliance.
a. Rehabilitation projects that do not expand the existing building or structure and which are consistent with the standards of the Historic Preservation Overlay may be approved administratively by the community development department.
b. Rehabilitation projects which are inconsistent with the standards of the Historic Preservation Overlay require design review by the planning commission, as established in Section 17.05.070, Major design review.
c. All new construction or additions that are visible from the public right-of-way or more than a twenty-five percent (25%) increase of the existing floor area of the primary structure require major design review by the planning commission, as established in Section 17.05.070, Major design review.
E. Secretary of the Interior’s Standards. The Secretary of the Interior’s Standards for Rehabilitation are ten (10) basic principles created to help preserve the distinctive character of a historic building and its site, while allowing for reasonable changes to meet new needs. These standards are mandatory for listed buildings.
1. A property shall be used for its historic purpose or be placed in a new use that requires minimal change to the defining characteristics of the building and its site and environment.
2. The historic character of a property shall be retained and preserved. The removal of historic material or alteration of features and spaces that characterize a property shall be avoided.
3. Each property shall be recognized as a physical record of its time, place, and use. Changes that create a false sense of historical development, such as adding conjectural features or architectural elements from other buildings, shall not be undertaken.
4. Most properties change over time; those changes that have acquired historic significance in their own right shall be retained and preserved.
5. Distinctive features, finishes, and construction techniques or examples of craftsmanship that characterize a historic property shall be preserved.
6. Deteriorated historic features shall be repaired rather than replaced. Where the severity of deterioration requires replacement of a distinctive feature, the new feature shall match the old in design, color, texture, and other visual qualities and, where possible, materials. Replacement of missing features shall be substantiated by documentary, physical, or pictorial evidence.
7. Chemical or physical treatments, such as sandblasting, that cause damage to historic material shall not be used. The surface cleaning of structures, if appropriate, shall be undertaken using the gentlest means possible.
8. Significant archeological resources affected by a project shall be protected and preserved. If such resources must be disturbed, mitigation measures shall be undertaken.
9. New additions, exterior alterations, or related new construction shall not destroy historic materials that characterize the property. The new work shall be differentiated from the old and shall be compatible with the massing, size, scale, and architectural features to protect the historic integrity of the property and its environment.
10. New additions and adjacent or related new construction shall be undertaken in such a manner that if removed in the future, the essential form and integrity of the historic property and its environment would be unimpaired.
F. Standards for New Construction/Infill Development. This section establishes standards to be used in review of new and infill development within the Historic Preservation Overlay zoning district for which a discretionary permit is required.
1. Purpose. These standards are intended to encourage new infill development in the Historic Preservation Overlay district to be compatible in scale and treatment with the existing, older development and to maintain the overall historic character and integrity of the community. At the same time, these standards are intended to promote the visual variety that is characteristic of St. Helena, to allow for contemporary architectural designs, and to provide reasonable flexibility in accommodating the tastes, preferences and creativity of applicants proposing new development, especially individual single-family homes.
2. Standards for Compatibility. New construction within the Historic Preservation Overlay must be designed to maintain any unifying development patterns such as setbacks, building coverage, building height, degree of transparency, eave depth, and orientation to the street. When new structures are developed adjacent to older single-family residences, there are concerns that the bulk and height of the infill structures may have a negative impact on the adjoining smaller-scale structures. The following standards are intended to address this concern:
a. Site Plan Considerations.
i. New development must continue the functional, on-site relationships of the surrounding neighborhood or district. For example, common patterns that must be continued are entries facing the public right-of-way, front porches, and garages/parking areas located at the rear of the parcel.
ii. Front setbacks for new infill development must follow either of the following criteria:
(A) Equal to the average front setback of all residences on both sides of the street within one hundred (100) feet of the property lines of the new project; or
(B) Equal to the average front setback of the two immediately adjoining structures on each side of the new project.
iii. In cases where averaging between two adjoining existing structures is chosen, the new structure may be averaged in a stepping pattern. This method can work especially well where it is desirable to provide a large front porch along a portion of the front facade.
b. Architectural Considerations.
i. New infill structures must support the distinctive architectural characteristics of development in the surrounding neighborhood or district, including building mass, scale, proportion, decoration/detail, door and window spacing/rhythm, exterior materials, finished-floor height, porches, and roof pitch and style.
ii. Because new infill structures are likely to be taller than one story, their bulk and height can impose on smaller-scale adjoining structures. The height of new structures must be considered within the context of their surroundings. Structures with greater height should consider providing greater setbacks at the second-story level, to reduce impacts (e.g., blocking or screening of air and light, privacy, etc.) on adjoining single-story structures.
iii. The incorporation of balconies and porches is encouraged for both practical and aesthetic reasons. These elements must be integrated to break up large front facades and add human scale to the structures.
iv. The proper use of building materials can enhance desired neighborhood qualities (e.g., compatibility, continuity, harmony, etc.). The design of infill structures must incorporate an appropriate mixture of the predominant materials in the surrounding neighborhood whenever possible. Common materials are brick, horizontal siding, shingles, stone, stucco, and wood.
v. Color schemes for infill structures must consider the color schemes of existing structures in the surrounding neighborhood or district in order to maintain compatibility and harmony. Avoid sharp contrasts with existing building colors.
vi. New structures which are wider that the traditional width must be designed to read as smaller modules reflecting the traditional building widths.
vii. Building heights must remain within twenty percent (20%) of the average height of adjacent buildings.
viii. Design of new development must reflect the horizontal elements of adjacent buildings. Horizontal elements may include an alignment of window frames, roof lines, facades and clear distinction between first floors and upper floors.
c. Single-Family Residences.
i. Use materials and building components in sizes that are typical of the historic building stock. This may include wood siding, vertical siding, or natural stone foundations no taller than twelve (12) inches.
ii. Foundation and floor-to-ceiling heights must be aligned within one foot of floor to ceiling heights on adjacent buildings if the adjacent parcels also have a Historic Preservation Overlay designation.
iii. Historic architectural styles (e.g., craftsman, Victorian, bungalow, etc.) are not mandated. However, contemporary architectural treatments proposed for new residences must complement and not detract from the qualities of the historic overlay district and the neighborhood setting of the proposed development.
iv. To the extent that a proposed residence is not readily visible from a public street, other public vantage point, or a significant historic resource, greater design flexibility must be allowed.
d. Sustainable Construction Techniques.
i. Building forms that reduce energy use may be radically different than traditional architectural types. Careful and sensitive design is required in order to produce a contrast that is pleasing rather than jarring. The use of appropriate colors and textures on exterior materials is one method of linking a contemporary building design to a traditional neighborhood context.
ii. Roof gardens, solar panels, and other sustainable construction features must be fully integrated into the design of new construction, rather than applied at the conclusion of the design process.
e. Accessory Structures.
i. New accessory structures (e.g., garages, second units, sheds, etc.) that are visible from the public right-of-way must incorporate the similar architectural features (e.g., color, materials, roof pitch and style, etc.) of the main structure, but can be less elaborate than the main structure.
ii. Design features must be applied with less detail on the accessory structure so that it does not compete with the main structure and is clearly subordinate to it.
G. Use of California Historic Building Code. The property owner of a property within the Historic Preservation Overlay district may elect to use the California Historic Building Code for alterations, restorations, new construction, removal, relocation, or demolition of a designated historic resource provided the building official determines that such use of the code does not endanger the public health or safety, and such action is necessary for the continued preservation of a historic resource. (Ord. 23-4 § 5 (Exh. A))
A. Purpose. The Planned Development Overlay (PD) district recognizes the advantage that integrated community planning offers over conventional zoning techniques in implementing the general plan goals. The PD Overlay district is specifically envisioned as a mechanism to preserve and/or create distinctive, high-quality single or mixed-use developments that meet or exceed the goals of the general plan. The provisions of the PD Overlay district are intended to:
1. Implement the goals, objectives, and policies of the general plan and the zoning code;
2. Provide for greater flexibility in the design of the developments than is otherwise possible through the strict application of zone regulations;
3. Encourage preservation of existing amenities and creation of new amenities;
4. Provide for a variety of housing types and densities;
5. Reduce environmental impacts;
6. Achieve superior relationships among uses, both within and surrounding the district;
7. Promote innovation, creativity and design excellence in building design and development concepts; and
8. Promote the development of a cohesive, high-quality and aesthetically pleasing urban structure.
B. Standards and Requirements. The following regulations shall apply within PD Overlay districts, which shall also be subject to other provisions of this chapter, except that where a conflict in regulation occurs, the requirements specified in the approved PD Overlay district shall apply.
1. Area. The minimum area on which a PD Overlay district may be established is one acre of contiguous land. However, a PD Overlay district may be established for an area of less than one contiguous acre upon a finding that the property is suitable as a PD Overlay district by virtue of its relationship to adjacent parcels and their development plans (existing or proposed), unique historical character, topography, landscaping features, or by virtue of being a unique or isolated problem area.
2. Land Use. A single land use or multiple land uses permitted in any other district may be permitted in the proposed PD Overlay district, provided the use or uses are compatible with each other and serve to fulfill the purpose of the proposed development while complying with the general plan.
3. Development Standards. Standards for lot area, building coverage, building height, setback requirements, minimum open space area, sign placement and design, off-street parking, landscaping, and screening for the proposed development shall be established for the PD Overlay district and shall prevail over the development standards of the base district zoning of the property. No structure or improvement shall be constructed within the PD Overlay district except in compliance with all provisions of the adopted PD Overlay district. Each structure or improvement shall be constructed and maintained in strict compliance with all conditions of the PD Overlay district.
4. Parks and Open Space. Land designated as parks and/or open space shall be conveyed, at the option of the city, to one of the following:
a. Trustees provided in an indenture establishing an association of property owners or similar organization, subject to covenants running with the land, satisfactory to the city attorney, which restrict the open space in a manner that assures its continuing use for its intended purpose, and which provide a legal means for the city to enforce these provisions; or
b. The city in a manner satisfactory to the city council.
5. Rights-of-Way. The streets, bike paths, and pedestrian ways within and bordering a PD Overlay district shall be offered for dedication to the city. Standards for public improvements shall be governed by applicable regulations and laws of the city or shall be as established by the public works department for the development under consideration.
6. Other Standards. Where the PD Overlay district is silent regarding particular development standards, the development standards of the applicable base zoning district shall apply.
7. Departures from standards ordinarily required in other districts and permitted in the initial approval of a PD Overlay district shall not be considered as precedent-setting in terms of other applications that may be brought before the city.
C. Initiation. An application for a PD Overlay designation may be initiated by the city council, planning commission, community development director, or the owner or authorized agent of the owner of the property in compliance with Chapter 17.07, Amendments to the Zoning Map and Text.
D. Application Requirements. An application for a PD Overlay designation shall be accompanied by:
1. A written and/or diagrammatic project description that provides sufficient information to evaluate the merits of the proposed zoning. Application requirements shall be in accordance with the project application submittal requirements as determined by the community development director. In addition, an application for a PD Overlay district shall include the following items:
a. A site features map depicting the existing topography, structures, and natural features, including areas of significant vegetation. Properties within three hundred (300) feet of the site shall be included on the site features map.
b. The description of the infrastructure necessary for each phase of the proposed project.
c. A statement as to how a proposed residential project will comply with the city’s inclusionary housing requirements.
d. Any other information that the community development director determines to be necessary to properly evaluate the project.
2. A policy statement which sets forth the following items within each land use proposed in the development plan:
a. Principal permitted uses.
b. Accessory uses.
c. Uses permitted by conditional use permit.
d. A statement of provisions for ultimate ownership and maintenance of all parts of the development, including streets, structures, hillside areas (if such exist) and open spaces.
e. District regulations including:
i. Minimum lot sizes;
ii. Minimum lot widths;
iii. Maximum density (residential) and FAR (nonresidential);
iv. Minimum setbacks, including yard setbacks from adjacent properties and between differing uses;
vi. Maximum lot coverage for structures (structures include paved areas except for those on single-family detached residential lots);
vii. Accessory building requirements, including setbacks, height limits and location;
viii. Parking requirements;
ix. Design guidelines; and
x. A listing of district regulations or standards to be adopted by ordinance at the time of final approval.
3. A development plan which identifies the following items:
a. Proposed land use by type, acreage, residential densities and nonresidential uses, expressed in gross square footage of floor area;
b. The proposed circulation pattern within the development and connections to the surrounding circulation patterns, including public and private vehicular, bicycle, and pedestrian ways; transit stop locations; preliminary locations and widths of streets and alleys; and estimated traffic generation as it affects public streets within and adjacent to the project;
c. Site features that influence the development of the site;
d. A preliminary grading and drainage plan;
e. Recreational and open space amenities and public plazas where applicable for nonresidential development;
f. Preliminary sketch evaluations of all proposed buildings and structures from all major vantage points; and
g. If a phased development, each phase shall be indicated including location, structures, infrastructure and timing.
4. The approval authority may waive any of the above required information items if it is determined they are unnecessary or unreasonable under the circumstances.
E. Preliminary Review and Application.
1. Preliminary Review by Community Development Director. Before the city will accept an application for a PD Overlay district designation, the applicant shall submit a statement of intent and preliminary development plan for preliminary review and comment by the community development director. The statement of intent and preliminary development plan must:
a. Include sufficient information to assist in the review of the application and to ensure that the application meets all the required findings provided in subsection G of this section.
b. Demonstrate that the proposed development would result in a more desirable development than would otherwise be permitted under the applicable base zoning district standards.
c. Include the information and materials specified in the department handout for a Planned Development Overlay application, together with the required fee.
The community development director may waive the requirements for any of the information required above if it is determined that the information is unnecessary in order to complete a review of the PD Overlay application.
2. Application. An application for a PD Overlay district designation shall be prepared, filed, and processed in compliance with Section 17.04.020, Application process.
F. Review Procedures.
1. Zoning Map Amendment. An application for a PD Overlay district designation shall be processed as an amendment to the zoning map, according to the procedures of Chapter 17.07, Amendments to the Zoning Map and Text.
2. Tentative Subdivision Map. When a PD Overlay district designation requires the submission of a tentative subdivision map, this map and all supporting documents shall be prepared and submitted concurrently with the application for the PD district.
3. Major Design Review. Prior to issuance of a building permit, development within a PD Overlay district shall be subject to the requirements of Section 17.05.070, Major design review.
G. Required Findings. An application for a PD Overlay district designation shall be approved only if all the following findings are made:
1. The proposed development is consistent with the general plan and any applicable specific plan, including the density and intensity limitations that apply;
2. The subject site is physically suitable for the type and intensity of the land use being proposed;
3. Adequate transportation facilities and public services exist or will be provided in accord with the conditions of development plan approval to serve the proposed development; and the approval of the proposed development will not result in a reduction of traffic levels of service or public services so as to be a detriment to public health, safety, or welfare;
4. The proposed development will not have a substantial adverse effect on surrounding land uses and will be compatible with the existing and planned land use character of the surrounding area;
5. Any exception from standard zoning development requirements is warranted by the design and amenities incorporated into the development plan in accord with adopted policies of the planning commission and city council;
6. The proposed development is demonstratively superior to the development that could occur under the standards applicable to the underlying base zoning district, and will achieve superior community design, environmental preservation, and/or substantial public benefit; and
7. The existing or proposed utility services are adequate for the population densities and nonresidential components of the development plan.
H. Conditions. In addition to the provisions in Section 17.04.110, Authority to apply conditions of approval, when approving an application for a PD Overlay district, the approval authority may impose conditions deemed necessary to:
1. Ensure that the proposal conforms in all significant respects with the general plan and with any other applicable plans or policies that the city has adopted;
2. Achieve the general purposes of this title or the specific purpose of the zoning district in which the project is located;
3. Achieve the findings listed above; or
4. Mitigate any potentially significant impacts identified as a result of review conducted in compliance with the requirements of the California Environmental Quality Act.
I. Termination and Extension.
1. Termination of a PD Overlay District. If, within two years after the approval of a PD Overlay district application by the city council, the required design review approvals (refer to Section 17.05.070, Major design review, and Section 17.05.080, Minor design review) have not been obtained and the construction specified in the development plan has not commenced, the planning commission shall review with the applicant(s) the reasons for not initiating the project development. The planning commission may initiate consideration of reclassification, hold public hearings, and make recommendation to the city council to remove the PD Overlay district designation over all or part of the area.
2. Extension. Procedures for the extension of an approved PD Overlay district application are established in Section 17.04.140, Extension of permits and approvals. Upon granting of an extension, changes to a previously approved conditional zoning map amendment applications may be subject to the following:
a. Modification of previously required conditions of approval as warranted by interim changes in the area and/or to ensure continued compatibility with any improvements within the context area; or
b. Site plan revisions as necessary to comply with any ordinance or zoning code amendments that may have taken effect since the time of the original approval. (Ord. 23-4 § 5 (Exh. A))
A. Purpose. This chapter establishes standards for specific uses and activities that are permitted (P), permitted with a minor use permit (MUP), or permitted with a conditional use permit (CUP) in the zoning districts established in Chapter 17.15, Establishment of Base Zoning Districts. These provisions are supplemental standards and requirements to minimize the impacts of these uses and activities on surrounding properties and to protect the health, safety, and welfare of their occupants and of the public.
B. Applicability. Each land use and activity covered by this chapter must comply with the requirements of the section applicable to the specific use or activity, in addition to any applicable standard this title requires in the zoning district where the use or activity is proposed and all other applicable provisions of this title. (Ord. 23-4 § 5 (Exh. A))
A. All Accessory Uses. An accessory use must be secondary to a primary use and must be allowed only in conjunction with a principal use or building to which it relates under the same regulations as the main use in any zone. These regulations are found in the land use regulation tables in Division III of this title, District Regulations, and may be subject to specific standards found in this chapter or within each zoning district, as specified in the tables. Accessory uses and structures are also subject to the development and site regulations found in Division IV of this title, Citywide Standards.
B. Commercial Accessory Uses. Clearly subordinate commercial accessory uses shall encompass no more than fifteen percent (15%) of the business floor area and shall generate no more than fifteen percent (15%) of the gross revenue receipts. Any expansion of the building footprint or business floor area to accommodate an accessory use shall require a use permit and/or design review as appropriate. A business may have more than one accessory use, but each accessory use must comply with the limitations on floor space and gross receipts, and the total combined area of accessory uses shall not exceed thirty percent (30%) of the business floor area and the total combined revenue from the accessory uses shall not exceed thirty percent (30%) of the gross receipts. (Ord. 23-4 § 5 (Exh. A))
A. Purpose. The purpose of this section is to allow and regulate accessory dwelling units (ADUs) and junior accessory dwelling units (JADUs) in compliance with California Government Code Sections 65852.2 and 65852.22.
B. Effect of Conforming. An ADU or JADU that conforms to the standards in this section will not be:
1. Deemed to be inconsistent with the city’s general plan and zoning designation for the lot on which the ADU or JADU is located.
2. Deemed to exceed the allowable density for the lot on which the ADU or JADU is located.
3. Considered in the application of any local ordinance, policy, or program to limit residential growth.
4. Required to correct a nonconforming zoning condition as defined in subsection C of this section. This does not prevent the city from enforcing compliance with applicable building standards in accordance with California Health and Safety Code Section 17980.12.
C. Definitions. As used in this section, terms are defined as follows:
“Accessory dwelling unit” or “ADU” means an attached or a detached residential dwelling unit that provides complete independent living facilities for one or more persons and is located on a lot with a proposed or existing primary residence. An accessory dwelling unit also includes the following:
1. An efficiency unit, as defined by Section 17958.1 of the California Health and Safety Code; and
2. A manufactured home, as defined by Section 18007 of the California Health and Safety Code.
“Accessory structure” means a structure that is accessory and incidental to a dwelling located on the same lot.
“Complete independent living facilities” means permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the single-family or multifamily dwelling is or will be situated.
“Efficiency kitchen” means a kitchen that includes each of the following:
1. A cooking facility with appliances.
2. A food preparation counter and storage cabinets that are of a reasonable size in relation to the size of the ADU.
“Junior accessory dwelling unit” or “JADU” means a residential unit that satisfies all of the following:
1. Is no more than five hundred (500) square feet in size;
2. Is contained entirely within an existing or proposed single-family structure. An enclosed use within the residence, such as an attached garage, is considered to be part of and contained within the single-family structure;
3. Includes its own separate sanitation facilities or shares sanitation facilities with the existing or proposed single-family structure;
4. If the unit does not include its own separate bathroom, then it contains an interior entrance to the main living area of the existing or proposed single-family structure in addition to an exterior entrance that is separate from the main entrance to the primary dwelling;
5. Includes an efficiency kitchen, as defined in this subsection C; and
6. Includes a separate entrance from the main entrance to the structure.
“Livable space” means a space in a dwelling intended for human habitation, including living, sleeping, cooking, eating, or sanitation.
“Living area” means the interior habitable area of a dwelling unit, including basements and attics, but does not include a garage or any accessory structure.
“Nonconforming zoning condition” means a physical improvement on a property that does not conform with current zoning standards.
“Passageway” means a pathway that is unobstructed clear to the sky and extends from a street to one entrance of the ADU or JADU.
“Proposed dwelling” means a dwelling that is the subject of a permit application and that meets the requirements for permitting.
“Public transit” means a location, including, but not limited to, a bus stop or train station, where the public may access buses, trains, subways, and other forms of transportation that charge set fares, run on fixed routes, and are available to the public.
“Tandem parking” means that two or more automobiles are parked on a driveway or in any other location on a lot, lined up behind one another.
D. Approvals. The following approvals apply to ADUs and JADUs under this section:
1. Building Permit Only. If an ADU or JADU complies with each of the general requirements in subsection E of this section, it is allowed with only a building permit in the following scenarios:
a. Converted on single-family lot: one ADU as described in this subsection and one JADU on a lot with a proposed or existing single-family dwelling on it, where the ADU or JADU:
i. Is either: within the space of a proposed single-family dwelling; within the existing space of an existing single-family dwelling; or (in the case of an ADU only) within the existing space of an accessory structure, plus up to one hundred fifty (150) additional square feet. For purposes of this subsection, “within the existing space” includes a structure that is constructed in the same location and to the same dimensions.
ii. Has exterior access that is independent of that for the single-family dwelling.
iii. Has side and rear setbacks sufficient for fire and safety, as dictated by applicable building and fire codes.
iv. The JADU complies with requirements of California Government Code Sections 66333 through 66339.
b. Detached on single-family lot: one detached, new-construction ADU on a lot with a proposed or existing single-family dwelling (in addition to any JADU that might otherwise be established on the lot under subsection (D)(1)(a) of this section), if the detached ADU satisfies the following limitations:
i. The side and rear yard setbacks are at least four feet.
ii. The total floor area is eight hundred (800) square feet or smaller.
iii. The peak height above grade does not exceed the applicable height limit in subsection (E)(2) of this section.
c. Converted on multifamily lot: one or more ADUs within portions of existing multifamily dwelling structures that are not used as livable space, including, but not limited to, storage rooms, boiler rooms, passageways, attics, basements, or garages, if each converted ADU complies with state building standards for dwellings. Under this subsection (D)(1)(c), at least one converted ADU is allowed within an existing multifamily dwelling, up to a quantity equal to twenty-five percent (25%) of the existing multifamily dwelling units.
d. Detached on multifamily lot: no more than two detached ADUs on a lot with a proposed multifamily dwelling, or up to eight detached ADUs on a lot with an existing multifamily dwelling if each detached ADU satisfies all of the following limitations:
i. The side and rear yard setbacks are at least four feet. If the existing multifamily dwelling has a rear or side yard setback of less than four feet, the city will not require any modification to the multifamily dwelling as a condition of approving the ADU.
ii. The peak height above grade does not exceed the applicable height limit in subsection (E)(2) of this section.
iii. If the lot has an existing multifamily dwelling, the quantity of detached ADUs does not exceed the number of primary dwelling units on the lot.
2. Process and Timing.
a. An application for an ADU or JADU is considered and approved ministerially, without discretionary review or a hearing.
b. The city must approve or deny an application to create an ADU or JADU within sixty (60) days from the date that the city receives a completed application. If the city has not approved or denied the completed application within sixty (60) days, the application is deemed approved unless either:
i. The applicant requests a delay, in which case the sixty (60) day time period is tolled for the period of the requested delay; or
ii. When an application to create an ADU or JADU is submitted with a permit application to create a new single-family or multifamily dwelling on the lot, the city may delay acting on the permit application for the ADU or JADU until the city acts on the permit application to create the new single-family or multifamily dwelling, but the application to create the ADU or JADU will still be considered ministerially without discretionary review or a hearing.
c. If the city denies an application to create an ADU or JADU, the city must provide the applicant with comments that include, among other things, a list of all the defective or deficient items and a description of how the application may be remedied by the applicant. Notice of the denial and corresponding comments must be provided to the applicant within the sixty (60) day time period established by subsection (D)(2)(b) of this section.
d. A demolition permit for a detached garage that is to be replaced with an ADU is reviewed with the application for the ADU and issued at the same time.
E. General ADU and JADU Requirements. The following requirements apply to all ADUs and JADUs:
1. Zoning.
a. An ADU subject only to a building permit under subsection (D)(1) of this section may be created on a lot in a residential or mixed-use zone.
b. An ADU permitted under subsection (D)(2) of this section may be created on a lot that is zoned to allow single-family dwelling residential use or multifamily dwelling residential use.
c. In accordance with Government Code Section 66333(a), a JADU may only be created on a lot zoned for single-family residences.
2. Height.
a. Except as otherwise provided by subsections (E)(2)(b) and (E)(2)(c) of this section, a detached ADU created on a lot with an existing or proposed single-family or multifamily dwelling unit may not exceed sixteen (16) feet in height.
b. A detached ADU may be up to eighteen (18) feet in height if it is created on a lot with an existing or proposed single-family or multifamily dwelling unit that is located within one-half mile walking distance of a major transit stop or high quality transit corridor, as those terms are defined in Section 21155 of the Public Resources Code, and the ADU may be up to two additional feet in height (for a maximum of twenty (20) feet) if necessary to accommodate a roof pitch on the ADU that is aligned with the roof pitch of the primary dwelling unit.
c. A detached ADU created on a lot with an existing or proposed multifamily dwelling that has more than one story above grade may not exceed eighteen (18) feet in height.
d. An ADU that is attached to the primary dwelling may not exceed twenty-five (25) feet in height or the height limitation imposed by the underlying zone that applies to the primary dwelling, whichever is lower. Notwithstanding the foregoing, ADUs subject to this subsection (E)(2)(d) may not exceed two stories.
e. For purposes of this subsection (E)(2), height is measured from existing legal grade or the level of the lowest floor, whichever is lower, to the peak of the structure.
3. Fire Sprinklers.
a. Fire sprinklers are required in an ADU if sprinklers are required in the primary residence.
b. The construction of an ADU does not trigger a requirement for fire sprinklers to be installed in the existing primary dwelling.
4. Rental Term. No ADU or JADU may be rented for a term that is shorter than thirty (30) days. This prohibition applies regardless of when the ADU or JADU was created.
5. No Separate Conveyance. An ADU or JADU may be rented, but, except as otherwise provided in Government Code Section 66341, no ADU or JADU may be sold or otherwise conveyed separately from the lot and the primary dwelling (in the case of a single-family lot) or from the lot and all of the dwellings (in the case of a multifamily lot).
6. Septic System. If the ADU or JADU will connect to an on-site water-treatment system, the owner must include with the application a percolation test completed within the last five years or, if the percolation test has been recertified, within the last ten (10) years. Refer to the county of Napa’s environmental health department regulations.
7. Owner Occupancy.
a. An ADU that is created under this section on or after January 1, 2020, is not subject to any owner-occupancy requirement.
b. As required by state law, all JADUs are subject to an owner-occupancy requirement. A natural person with legal or equitable title to the property must reside on the property, in either the primary dwelling or JADU, as the person’s legal domicile and permanent residence. However, the owner-occupancy requirement of this subsection (E)(7)(b) does not apply if the property is entirely owned by another governmental agency, land trust, or housing organization.
8. Deed Restriction. Prior to issuance of a certificate of occupancy for a JADU, a deed restriction must be recorded against the title of the property in the county recorder’s office and a copy filed with the community development director. The deed restriction must run with the land and bind all future owners. The form of the deed restriction will be provided by the city and must provide that:
a. The JADU may not be sold separately from the primary dwelling.
b. The JADU is restricted to the approved size and to other attributes allowed by this section.
c. The deed restriction runs with the land and may be enforced against future property owners.
d. The deed restriction may be removed if the owner eliminates the JADU, as evidenced by, for example, removal of the kitchen facilities. To remove the deed restriction, an owner may make a written request of the community development director, providing evidence that the JADU has in fact been eliminated. The community development director may then determine whether the evidence supports the claim that the JADU has been eliminated. Appeal may be taken from the community development director’s determination consistent with other provisions of this code. If the JADU is not entirely physically removed, but is only eliminated by virtue of having a necessary component of a JADU removed, the remaining structure and improvements must otherwise comply with applicable provisions of this code.
e. The deed restriction is enforceable by the community development director or his or her designee for the benefit of the city. Failure of the property owner to comply with the deed restriction may result in legal action against the property owner, and the city is authorized to obtain any remedy available to it at law or equity, including, but not limited to, obtaining an injunction enjoining the use of the JADU in violation of the recorded restrictions or abatement of the illegal unit.
9. Rent Reporting. In order to facilitate the city’s obligation to identify adequate sites for housing in accordance with Government Code Sections 65583.1 and 66330, the following requirements must be satisfied:
a. With the building permit application, the applicant must provide the community development director with an estimate of the projected annualized rent that will be charged for the ADU or JADU.
b. Within ninety (90) days after each January 1st following issuance of the building permit, the owner must report the actual rent charged for the ADU or JADU during the prior year. If the community development director does not receive the report within the ninety (90) day period, the owner is in violation of this code, and the community development director may send the owner a notice of violation and allow the owner another thirty (30) days to submit the report. If the owner fails to submit the report within the thirty (30) day period, the community development director may enforce this provision in accordance with applicable law.
10. Building and Safety.
a. Must Comply With Building Code. Subject to subsection (E)(10)(b) of this section, all ADUs and JADUs must comply with all local building code requirements.
b. No Change of Occupancy. Construction of an ADU does not constitute a Group R occupancy change under the local building code, as described in California Building Code Section 310, unless the chief building official makes a written finding based on substantial evidence in the record that the construction of the ADU could have a specific, adverse impact on public health and safety. Nothing in this subsection (E)(10)(b) prevents the city from changing the occupancy code of a space that was uninhabitable space or that was only permitted for nonresidential use and was subsequently converted for residential use in accordance with this section.
F. Specific ADU Requirements. The following requirements apply only to ADUs that require an ADU permit under subsection (D)(2) of this section:
1. Maximum Size.
a. The maximum size of a detached or attached ADU subject to this subsection F is eight hundred fifty (850) square feet for a studio or one-bedroom unit and one thousand (1,000) square feet for a unit with two bedrooms. No more than two bedrooms are allowed.
b. An attached ADU that is created on a lot with an existing primary dwelling is further limited to fifty percent (50%) of the floor area of the existing primary dwelling.
c. Application of other development standards in this subsection F, such as FAR or lot coverage, might further limit the size of the ADU, but no application of the percent-based size limit in subsection (F)(1)(b) of this section or of an FAR, front setback, lot coverage limit, or open-space requirements may require the ADU to be less than eight hundred (800) square feet.
2. No ADU may cause the total gross floor area of the underlying zone to be exceeded, with the provision that all lots may have an ADU up to eight hundred (800) square feet.
3. Lot Coverage. No ADU subject to this subsection F may cause the total lot coverage of the lot to exceed the maximum lot coverage for the zoning district in which the ADU is proposed as established in Table 17.16.030(B), Development Standards—Residential Zoning Districts, subject to subsection (F)(1)(c) of this section.
4. Setbacks.
a. ADUs that are subject to this subsection F must conform to four-foot side and rear setbacks. ADUs that are subject to this subsection F must conform to the front setback as required by the underlying zoning district, subject to subsection (F)(1)(c) of this section.
b. No setback is required for an ADU that is subject to this subsection F if the ADU is constructed in the same location and to the same dimensions as an existing, nonconforming, enclosed structure.
5. Passageway. No passageway, as defined by subsectionC of this section, is required for an ADU.
6. Parking.
a. Generally. One off-street parking space is required for each ADU. The parking space may be provided in setback areas or as tandem parking, as defined by subsection C of this section.
b. Exceptions. No parking under subsection (F)(6)(a) of this section is required in the following situations:
i. The ADU is located within one-half mile walking distance of public transit, as defined by subsection C of this section.
ii. The ADU is located within an architecturally and historically significant historic district.
iii. The ADU is part of the proposed or existing primary residence or an accessory structure under subsection (D)(2)(a) of this section.
iv. When on-street parking permits are required but not offered to the occupant of the ADU.
v. When there is an established car share vehicle stop located within one block of the ADU.
vi. When the permit application to create an ADU is submitted with an application to create a new single-family or new multifamily dwelling on the same lot; provided, that the ADU or the lot satisfies any other criteria listed in subsections (F)(6)(b)(i) through (F)(6)(b)(v) of this section.
c. No Replacement. When a garage, carport, covered parking structure, or uncovered parking space is demolished in conjunction with the construction of an ADU or converted to an ADU, those off-street parking spaces are not required to be replaced.
7. Architectural Requirements.
a. The materials and colors of the exterior walls, roof, and windows and doors must be the same as those of the primary dwelling.
b. The roof slope must match that of the dominant roof slope of the primary dwelling. The dominant roof slope is the slope shared by the largest portion of the roof.
c. The exterior lighting must be limited to down-lights or as otherwise required by the zoning, building, or fire code.
d. The ADU must have an independent exterior entrance, apart from that of the primary dwelling.
e. The interior horizontal dimensions of an ADU must be at least ten (10) feet wide in every direction, with a minimum interior wall height of seven feet.
f. No window or door of the ADU may have a direct line of sight to an adjoining residential property. Each window and door must either be located where there is no direct line of sight or screened using fencing, landscaping, or privacy glass to prevent a direct line of sight.
g. All windows and doors in an ADU less than thirty (30) feet from a property line that is not a public right-of-way line must either be (for windows) clerestory with the bottom of the glass at least six feet above the finished floor, or (for windows and doors) utilize frosted or obscure glass.
8. Historical Protections. An ADU that is on real property that is listed in the California Register of Historic Resources must be located so as to not be visible from any public right-of-way.
9. Allowed Stories. No ADU subject to this subsection F may have more than one story, except that an ADU that is attached to the primary dwelling may have the stories allowed under subsection (E)(2)(d) of this section.
G. Fees. The following requirements apply to all ADUs that are approved under subsection (D)(1) or (D)(2) of this section:
1. Impact Fees.
a. No impact fee is required for an ADU that is less than seven hundred fifty (750) square feet in size. For purposes of this subsection (G)(1), “impact fee” means a fee under the Mitigation Fee Act (Gov. Code Section 66000(b)) and a fee under the Quimby Act (Gov. Code Section 66477). “Impact fee” here does not include any connection fee or capacity charge for water or sewer service.
b. Any impact fee that is required for an ADU that is seven hundred fifty (750) square feet or larger in size must be charged proportionately in relation to the square footage of the primary dwelling unit (e.g., the floor area of the ADU, divided by the floor area of the primary dwelling, times the typical fee amount charged for a new dwelling).
2. Utility Fees.
a. If an ADU is constructed with a new single-family home, a separate utility connection directly between the ADU and the utility and payment of the normal connection fee and capacity charge for a new dwelling are required. For detached ADUs where there is a demonstrated adequate sewer capacity acceptable to the city engineer and cleaning/review of the sewer lines has been performed with closed circuit television technology, and an application has been submitted to the city engineer to substantiate capacity calculations, a separate connection for the ADU is not required.
b. Except as described in subsection (G)(2)(a) of this section, converted ADUs on a single-family lot that are created under subsection (D)(1)(a) of this section are not required to have a new or separate utility connection directly between the ADU and the utility, nor is a connection fee or capacity charge required.
c. Except as described in subsection (G)(2)(a) of this section, all ADUs and JADUs that are not covered by subsection (G)(2)(b) of this section require a new, separate utility connection directly between the ADU and the utility for any utility that is provided by the city. All utilities that are not provided by the city are subject to the connection and fee requirements of the utility provider.
i. The connection is subject to a connection fee or capacity charge that is proportionate to the burden created by the ADU, based on either the floor area or the number of drainage-fixture units (DFU) values, as defined by the Uniform Plumbing Code, upon the water or sewer system.
ii. The portion of the fee or charge that is charged by the city may not exceed the reasonable cost of providing this service.
H. Nonconforming Zoning Code Conditions, Building Code Violations, and Unpermitted Structures.
1. Generally. The city will not deny an ADU or JADU application due to a nonconforming zoning condition, building code violation, or unpermitted structure on the lot that does not present a threat to the public health and safety and that is not affected by the construction of the ADU or JADU.
2. Unpermitted ADUs or JADUs Constructed Before 2020.
a. Permit to Legalize. As required by state law, the city may not deny a permit to legalize an existing but unpermitted ADU or JADU that was constructed before January 1, 2020, if denial is based on either of the following grounds:
i. The ADU or JADU violates applicable building standards; or
ii. The ADU or JADU does not comply with the state ADU or JADU law or this section.
b. Exemptions.
i. Notwithstanding subsection (H)(2)(a) of this section, the city may deny a permit to legalize an existing but unpermitted ADU or JADU that was constructed before January 1, 2020, if the city makes a finding that correcting a violation is necessary to comply with the standards specified in Health and Safety Code Section 17920.3.
ii. Subsection (H)(2)(a) of this section does not apply to a building that is deemed to be substandard in accordance with California Health and Safety Code Section 17920.3. (Ord. 25-2 § 2; Ord. 23-4 § 5 (Exh. A))
A. Purpose. It is recognized that the operation of the adult entertainment facilities specific in this section are among those certain land uses which, because of their nature, may have serious operational characteristics and deleterious effects upon their surroundings, as a result of their location and concentration within the city. Special regulations pertaining to these uses are necessary to ensure that these adverse effects will not contribute to the blighting or downgrading of the surrounding neighborhood nor otherwise adversely affect the public health, safety, morals, comfort, convenience, and general welfare. More specifically, it is recognized that development and proliferation without regulation as to location and concentration may result in the deterioration of residential and business neighborhoods, the attraction of large numbers of transients, an increase in crime, and, in the case of placement near schools and other youth-related facilities, an adverse effect upon the welfare and morals of minors residing within the city.
B. Location of Adult Entertainment Facilities. The following provisions apply to the location of adult entertainment facilities:
1. No adult entertainment facilities are permitted within five hundred (500) feet of any area zoned for residential use.
2. No adult entertainment facility is permitted within one thousand (1,000) feet of any other such facility.
3. No adult entertainment facility is permitted within five hundred (500) feet of any parcel or real property on which is located any of the following facilities:
a. A school primarily attended by minors;
b. A church which conducts religious education classes for minors; or
c. A public park or public recreation facility frequented by minors.
4. No adult entertainment facility is permitted with direct frontage or visible frontage from Highway 29.
C. Public Display of Certain Matter Prohibited. Materials offered for sale from adult news racks must not be displayed or exhibited in a manner which exposes to public view any pictures or illustrations depicting any specified sexual activity or any specified anatomical area. Materials offered for sale or viewing at any adult bookstore or any adult motion picture theater must not be displayed or exhibited in a manner which exposes any depiction of any specified sexual activity or any specified anatomical area to the view of persons outside the building or off the premises on which such store or theater is located.
D. Restrictions Cumulative. The restrictions provided in this section are in addition to any other applicable provision of this code. In the event of any conflict between any such provisions, the more restrictive must apply. (Ord. 23-4 § 5 (Exh. A))
A. Purpose. Establishments that serve alcoholic beverages receive special attention from the city because of their potential to create problems, such as littering, loitering, public intoxication and disturbances. All establishments selling alcoholic beverages are reviewed by the city.
B. Permits Required.
1. Conditional Use Permit. A conditional use permit must be obtained for all bars, brewpubs, micro-breweries, micro-distilleries, and wine-tasting rooms.
2. Minor Use Permit. A minor use permit must be obtained for full-service restaurants.
C. Hours of Operation. Hours of operation shall be limited to the time period between six a.m and two a.m.
D. Location. The establishment shall not be located within one thousand (1,000) feet of the following:
1. A public park, playground, recreational area that is immediately adjacent to a public park, or youth facility, including a nursery school, preschool, or day care facility;
2. A public or private state-licensed or accredited school; or
3. An alcohol or other drug abuse recovery or treatment facility.
E. Lighting. The exterior of the establishment, including adjacent public sidewalks and parking areas, shall be illuminated during all hours of darkness during which the establishment is open such that:
1. Persons standing in those areas at night are identifiable; and
2. Required illumination is placed and shielded in a way that minimizes interference with the neighboring residences.
F. Findings. In evaluating a use permit application for any commercial establishment where liquor is served, the review approval authority shall take into consideration the following:
1. Comments from the police department;
2. Appropriateness of automobile and/or bicycle parking;
3. Potential for loitering;
4. Distance of the proposed establishment from other establishments;
5. Distance from areas used and zoned for residential use; and
6. Appropriateness of annual review of use permit.
This list does not represent an exclusive listing of those items which may be considered by the planning commission in evaluating a conditional use permit application for a commercial amusement use. (Ord. 23-4 § 5 (Exh. A))
A. Purpose. These regulations address the raising and keeping of animals and the areas in which domestic and farm animals are kept on private property. It is the intent of this section to protect the agricultural economic base of St. Helena, to preserve the existing lifestyle in residential areas, and to minimize potential adverse effects on adjoining property from the establishment of incompatible uses related to the raising and keeping of animals.
B. Applicability. Animal keeping is allowed as an accessory to a primary residential use. Animals may be kept in compliance with Title 6, Animals, and the standards established in this section.
C. Domestic Animals.
1. Small Domestic Animals. Small domestic animals may be kept as an accessory to a residential use in accordance with the following. Small domestic animals include dogs, cats, rabbits, and pigeons, and all animals recognized by regulation promulgated by the California Department of Fish and Wildlife as domestic animals except large domestic animals. Does not include roosters, quacking ducks, geese, pea fowl, goats, sheep, hogs, kennels or the presence of animals for commercial purposes.
a. Maximum Number. The following limits do not apply to small animals primarily kept in indoor enclosures such as fish, hamsters, and birds:
i. Parcels One-Half Acre or Less in Size. Up to four adult small domestic animals per unit may be kept on parcels of up to one-half acre in size.
ii. Parcels Greater Than One-Half Acre in Size. Eight adult small domestic animals per acre.
b. Nonconforming Small Domestic Animal Keeping. Residents having more than four adult small domestic animals at the time of the effective date of this title may continue to keep them; provided, that the animals:
i. Are licensed in compliance with Title 6, Animals;
ii. Are kept in a safe and sanitary environment; and
iii. Do not generate nuisance complaints that require abatement.
2. Potbellied Pigs. Potbellied pigs are permitted in the LR-1A, LR, and A-20 districts only and are subject to all standards of subsection (C)(1) of this section.
3. Hen Chickens. Hen chickens are permitted in the A-20 district only on lots greater than one acre and are subject to all standards of subsection (C)(1) of this section.
4. Large Domestic Animals. Large domestic animals including horses, burros, mules, domestic swine (excluding potbellied pigs), domestic cattle, sheep and goats may be kept as an accessory to a residential use in accordance with the following:
a. Minimum Lot Size. Two acres.
b. Maximum Number. Not more than one large domestic animal per acre.
5. Fencing and Enclosure Regulations.
a. Fencing.
i. Fenced Area Required. All animals, except small domestic animals kept indoors, must be kept in an area which is fenced to prevent the animals from roaming.
ii. Fenced Area Location. The fenced area must be wholly located within the rear yard of the residence where the animals are kept.
b. Enclosure.
i. Enclosure Required. Within the fenced area, an enclosure or shed must be provided of sufficient size to provide cover for the animals kept on the parcel. An enclosure is not required for cats or dogs.
ii. Enclosure Location. No part of the animal enclosure may be located within fifty (50) feet of any neighboring dwelling, within a required side or front setback, or within three hundred (300) feet of a community assembly facility, school or institution licensed by the state for the care or treatment of humans.
c. Animal fecal matter more than which can be safely and sanitarily utilized on the premises must be removed and must not be allowed to accumulate. (Ord. 23-4 § 5 (Exh. A))
A. Purpose. These regulations allow beekeeping in a manner that is respectful of the safety of persons that may be in close proximity to the apiary. Beekeeping can contribute to pollination and better harvests in gardens. By contributing to pollination, urban beekeeping is an important complement to urban food production and to the city’s sustainability goals stated in the general plan.
B. Standards.
1. It shall be the duty of every person on whose property bees are kept to adhere to good management practices and maintain bees in a condition that will reasonably prevent swarming and aggressive behavior.
2. It shall be the responsibility of the person on whose property the bees are kept to provide adequate water for the bees to prevent bees from seeking water in neighboring swimming pools, birdbaths, ponds or other community bodies of water.
3. A maximum of two beehives per lot on a parcel of land less than ten thousand (10,000) square feet.
4. A maximum of four beehives per lot on a parcel of land with an area over ten thousand (10,000) square feet.
5. Beehives are restricted to rear yards.
6. In order to ensure the appropriate height of the honeybee flight path:
a. The beehive entrance will be directed away from the neighboring property and situated behind a solid fence or hedge that is six feet in height running parallel to the property line; or
b. A beehive will be located a minimum of twenty-five (25) feet away from the neighboring property line.
C. Beekeeping Registration. Beekeeping registration is required prior to establishment of an apiary, as follows:
1. The applicant must submit and the community development director must review plans demonstrating compliance with the standards of this section.
2. The applicant must register the apiary with the county of Napa agricultural commissioner to receive notification of pesticide applications, pursuant to Section 29101 of the California Food and Agricultural Code.
3. The applicant must submit plans and a signed statement showing and agreeing to compliance with all obligations imposed by this section and holding the city harmless if the owner does not so comply.
D. Nuisance. Bees or hives shall be considered a public nuisance and subject to Chapter 17.13, Enforcement, when any of the following occurs:
1. Colonies of bees exhibit defensive or objectionable behavior or interfere with the normal use of neighboring properties.
2. Colonies of bees swarm.
3. Bees or hives do not conform to this section.
4. Hives become abandoned by resident bees or by the owner. (Ord. 23-4 § 5 (Exh. A))
A. Purpose. The purpose of this section is to:
1. Establish regulations for the operation of bed and breakfast inns; and
2. Establish findings for the processing of applications to operate bed and breakfast inns.
B. Establishment of Bed and Breakfast Inns. Bed and breakfast inns are subject to the following:
1. The use must be located in an existing residential dwelling;
2. The use must be conducted only by the property owner or manager living on the site of the bed and breakfast inn;
3. No meals must be served to persons other than to guests and residents of the bed and breakfast inn;
4. Bed and breakfast inns must be rented for periods of less than thirty (30) days;
5. A bed and breakfast inn must include no more than four guest rooms;
6. On-site parking for the underlying residential use must be provided on site or in perpetuity on an adjacent parcel in accord with the provisions of Chapter 17.26, Parking and Loading. In addition, one on-site parking space must be provided for each guest room. On-site parking must be designed and located so as not to detract from the residential character of the neighborhood and the buildings and structures of the bed and breakfast inn;
7. The use must, at all times, maintain city business licenses and pay all transient occupancy taxes required; and
8. The use must be contained entirely within the existing structure.
C. Findings Required. In approving a conditional use permit for a bed and breakfast inn, the planning commission shall make the following findings in addition to the conditional use permit findings contained in Chapter 17.05, Planning Permits and Approval. In approving a minor use permit for a bed and breakfast inn, the community development director shall make the following findings in addition to the minor use permit findings contained in Chapter 17.05, Planning Permits and Approval:
1. The establishment of a bed and breakfast inn is consistent with the purpose of the general plan.
2. The establishment of a bed and breakfast inn will not be detrimental to a building, structure, or feature of significant aesthetic, cultural, architectural or engineering interest or value of a historical nature.
3. The establishment of a bed and breakfast inn is compatible with, and will not be detrimental to, the character of the neighborhood and surrounding land uses. (Ord. 23-4 § 5 (Exh. A))
A. Purpose. The intent of this section is to prohibit marijuana cultivation facilities, medical marijuana dispensaries, medical marijuana deliveries, and commercial cannabis activities, as defined below, subject to limited and specified exceptions, within the city limits. It is recognized that it is a federal violation under the Controlled Substances Act to possess or distribute marijuana even if it is for medical purposes. Additionally, there is evidence of an increased incidence of crime-related secondary impacts in locations associated with marijuana cultivation facilities and medical marijuana dispensaries and in connection with medical marijuana deliveries, which is contrary to policies that are intended to promote and maintain the public’s health, safety, and welfare.
B. Applicability. This section applies to the following activities:
1. The opening or commencement of the operation of a marijuana cultivation facility, medical marijuana dispensary, or commercial cannabis activity;
2. The conversion of an existing business, facility, use, establishment, or location to a marijuana cultivation facility, medical marijuana dispensary, or commercial cannabis activity; and
3. The addition of a marijuana cultivation facility, medical marijuana dispensary, or commercial cannabis activity to any other existing business, facility, use, establishment or location.
C. Prohibitions and Limited Exceptions.
1. Medical marijuana dispensaries are prohibited in all zoning districts in the city and must not be established or operated anywhere in the city. The city must not issue, approve or grant any permit, license or other entitlement for the establishment or operation of a medical marijuana dispensary. No person may be the lessor of property where a medical marijuana dispensary is located. No person may participate as an employee, contractor, agent, volunteer, or in any manner or capacity in any medical marijuana dispensary in the city.
2. Marijuana cultivation facilities are prohibited in all zoning districts in the city and must not be established or operated anywhere in the city. The city must not issue, approve or grant any permit, license or other entitlement for the establishment or operation of a marijuana cultivation facility. No person may be the lessor of property where a marijuana cultivation facility is located. No person may participate as an employee, contractor, agent, volunteer, or in any manner or capacity in any marijuana cultivation facility in the city.
3. The prohibition against cultivation facilities established in subsection (C)(2) of this section, however, must not apply to a qualified patient cultivating marijuana/cannabis pursuant to California Health and Safety Code Section 11362.5 and the Guidelines for the Security and Non-Diversion of Marijuana Grown for Medical Use promulgated by the California Attorney General or to any individual cultivating marijuana for nonmedical use under the following circumstances:
a. The individual and/or patient maintains no more than six mature or twelve (12) immature marijuana/cannabis plants at a single private residence, or upon the grounds of that residence; and
b. The individual, patient or primary caregiver cultivates marijuana/cannabis for a patient’s or individual’s personal use and does not sell, distribute, donate, transmit, or provide marijuana/cannabis to any other person or entity; and
c. The location of all cultivation activities is located indoors, and housed completely within a structure with no external indication of cultivation activities (this limitation does not preclude the use of a greenhouse for cultivation); and
d. The property on which an individual is cultivating medical or recreational marijuana/cannabis has no more than one hundred (100) square feet devoted to the cultivation of marijuana/cannabis (the area used to cultivate marijuana/cannabis must be measured by the aggregate area of vegetative growth of live marijuana plants on the premises).
Notwithstanding this exception, an individual and/or patient cultivating marijuana may not create or cause a nuisance condition and the city may abate, in any manner permitted by law, a nuisance condition created or caused by, associated with, or arising from marijuana cultivation by a qualified patient.
4. All forms of commercial cannabis activities are prohibited in all zoning districts in the city with the exception of delivery services and must not be established or operated anywhere in the city. The city must not issue, approve or grant any permit, license or other entitlement for the establishment or operation of a commercial cannabis activity including any and all license classifications established in the Adult Use of Marijuana Act, California Health and Safety Code Section 26050, as it may be amended. No person may be the lessor of property where a commercial cannabis activity is located. No person may participate as an employee, contractor, agent, volunteer, or in any manner or capacity in any commercial cannabis activity in the city.
5. No person and/or entity may deliver or transport medical marijuana from any fixed or mobile location, either inside or outside the city, to any person in the city, except that a person may deliver or transport marijuana to a qualified patient (with an identification card, as those terms are defined in Health and Safety Code Section 11362.7, for whom they are the primary caregiver within the meaning of Health and Safety Code Sections 11362.5 and 11362.7(d)) or individual up to the maximum allowable amounts under current state regulations for the transportation of medical and recreational marijuana.
6. Nothing contained in this section must be deemed to permit or authorize any use or activity which is otherwise prohibited by any state or federal law.
D. Enforcement. The city may enforce this section in any manner permitted by law. The violation of this section must be and is hereby declared to be a public nuisance and contrary to the public interest and must, at the discretion of the city, create a cause of action for injunctive relief. (Ord. 23-4 § 5 (Exh. A))
Community gardens must be located, developed, and operated in compliance with the following standards:
A. Management. A manager must be designated for each garden who must serve as liaison between gardeners, property owner(s), and the city.
B. Hours of Operation. Gardens must only be tended between dawn and dusk.
C. Buildings and Structures. Accessory buildings, such as sheds, greenhouses, hoophouses, or farm stands, are allowed and must comply with the property development standards of the zoning district.
D. Equipment. Only household garden tools and equipment, applicators and products may be used. This includes soil preparation, cultivation, planting, application of chemicals, dust control, harvesting, etc. Pull-behind equipment is prohibited.
E. Operational Plan. The applicant must submit to the community development director an operational plan that identifies roles and responsibilities, contact information, and operations.
F. Maintenance.
1. The operator must be responsible for the overall maintenance of the site and must remove weeds, debris, etc., in a timely manner.
2. Soil amendments, composting, and waste material must be managed and must not attract nuisance flies or support growth of flies.
G. Sale of Produce. Incidental sales of items grown on site are permitted.
H. Composting. Composting is limited to the materials generated on site and must be used on site.
I. Utilities. The land must be served by a water supply sufficient to support the cultivation practices used on the site.
J. Restrooms. If proposed, restrooms must be connected to public utilities. Portable restrooms are not permitted. (Ord. 23-4 § 5 (Exh. A))
A. Purpose. This section has been adopted to:
1. Implement the requirements of Assembly Bill 1616 which amended state law to require municipalities to allow for cottage food operation within residences;
2. Establish reasonable standards allowed by state law to provide that cottage food operations within residences do not create unreasonable impacts or endanger public health, safety or welfare; and
3. Ensure compatibility of cottage food operations with the residential character of the neighborhoods in which cottage food operations are located.
B. Applicability. A cottage food operation is an accessory use permitted in any legally established dwelling, subject to standards in subsections C and D of this section and is a distinct use from a home occupation as defined in Section 17.22.130, Home occupations.
C. Standards. Cottage food operations are permitted accessory uses to residences; provided, that all of the following standards are met:
1. The use must be conducted within the kitchen of the subject dwelling unit except for attached rooms within the dwelling that are used exclusively for storage or bookkeeping. No greater than twenty-five percent (25%) of the dwelling may be used for the cottage food operation, and it must not be conducted within an accessory building.
2. The use is carried on only by a family member or household member occupying the dwelling, with no other person employed.
3. The cottage food operation must not invite customers to the residence and the operation must not transact business with customers at the residence.
4. No signage or advertisement identifying the cottage food operation is permitted at the premises.
5. There must be no change in the outside appearance of the dwelling unit or premises, or other visible evidence of the conduct of such cottage food operation.
6. Except for vehicle parking, no outdoor portions of the premises may be utilized for cottage food operation.
7. Vehicles displaying advertising or signs must be parked inside a garage at all times while at the premises.
8. The cottage food operation must be registered or permitted by the Napa County environmental health officer in accordance with Section 114365 of the California Health and Safety Code. Cottage food operations must comply with all California Health and Safety Code requirements.
9. The cottage food operator must furnish to the city evidence of the application for or issuance of the necessary permits and/or registration of cottage food operations from the county of Napa.
D. Expanded Cottage Food Operations. Exceptions to the standards established in subsections (C)(2) and (C)(3) of this section may be granted with the approval of a minor use permit for an expanded cottage food operation; provided, that all of the following standards are met:
1. The applicant for the cottage food operation permit must be the individual who conducts the cottage food operation from his or her private dwelling unit and is the owner of the cottage food operation. The permit is not transferable to another operator, nor transferable to another site.
2. The use must be conducted within the kitchen of the subject dwelling unit except for attached rooms within the dwelling that are used exclusively for storage or bookkeeping. No greater than twenty-five percent (25%) of the dwelling may be used for the cottage food operations, and it must not be conducted within an accessory building.
3. One cottage food employee, as defined by California Health and Safety Code Section 113758(b)(1), is permitted to be employed by the cottage food operation in addition to any family member or household member occupying the dwelling.
4. Except for vehicle parking, no outdoor portions of the premises may be utilized for cottage food operation including outdoor sales and visitation.
5. Direct sales of products from the site of the cottage food operation must be conducted by prior appointment only and must not exceed more than ten (10) visitors in any single day. No customers of the cottage food operation are permitted to dine at the premises.
6. No greater than one visitor’s vehicle and one nonresident employee’s vehicle may be parked on site at any time.
7. Vehicles displaying advertising or signs must be parked inside a garage at all times while at the premises.
8. Direct sales and cottage food operation related deliveries must not occur between the hours of six p.m. and eight a.m.
9. The cottage food operation must be registered or permitted by the Napa County environmental health officer in accordance with Section 114365 of the California Health and Safety Code. Cottage food operations must comply with all California Health and Safety Code requirements.
10. The applicant must furnish to the city evidence of the application for or issuance of the necessary permits and/or registration of cottage food operations from the county of Napa.
11. A business license is required for all cottage food operators.
12. The community development director shall notify all property owners within three hundred (300) feet of the cottage food operation upon issuance of a minor use permit. (Ord. 23-4 § 5 (Exh. A))
A. Permits Required. The establishment or expansion of a formula business shall be in accordance with the zoning locations and permit requirements identified in Table 17.17.020(A): Use Regulations—Commercial and Mixed-Use Zoning Districts.
B. Findings Required. When a conditional use permit review is required, the planning commission shall approve, with or without conditions, the establishment or expansion of a formula business only if all of the following findings can be made, in addition to those identified in Section 17.05.020, Conditional use permit (CUP):
1. The formula business establishment will promote diversity and variety to assure a balanced mix of commercial uses available to serve both resident and visitor populations;
2. The proposed use, together with its design and improvements, is consistent with the unique and historic character of St. Helena and will preserve the distinctive visual appearance and shopping/dining experience of St. Helena for its residents and visitors;
3. Any formula business establishment located within the CB district will be compatible with existing uses in the zone and will promote the zone’s economic vitality as the downtown commercial core of St. Helena.
C. Prohibited Formula Businesses. No formula restaurants are allowed. (Ord. 23-4 § 5 (Exh. A))
A. Permit. A home occupation permit must be required prior to the establishment of a home occupation whenever a business license is required and the home is the principal place of business. A business may be conducted at locations other than the site of the home occupation, as long as that part of the business conducted at the site of the home occupation complies with the standards of this section.
B. Standards. Home occupations are permitted in conjunction with a residential use of a dwelling and must be issued a home occupation permit, provided the home occupation:
1. Does not change the residential character of the dwelling unit;
2. Is confined to a cumulative area of not more than six hundred (600) square feet in the principal dwelling, attached garage and/or detached accessory buildings. An attached or detached garage may be used for storage or workspace as long as one garage parking space is maintained at all times for the dwelling and as long as sufficient parking spaces are available on the property to meet the current code requirements;
3. Does not occupy any open space or setback;
4. Is carried on by the resident members of the household and a maximum of one employee in addition to residents of the dwelling;
5. Does not generate customer or client traffic, deliveries by commercial vehicles other than pickup trucks or panel delivery trucks, or have any customers or clients coming to the premises as a place of business, with the following exceptions:
a. Delivery to the customer or client of merchandise produced on the premises;
b. No more than two clients may visit the premises on any one day;
c. Lessons to no more than two persons at any one lesson with no more than six lessons in any one week; and
d. Other uses which are similar to the above uses with the same or similar restrictions listed in this section;
6. Creates no noise, odor, glare, dust, vibrations, fumes or smoke readily discernible at the exterior boundaries of the parcel on which the home occupation is situated;
7. Produces no advertising or evidence of its existence except for a post office box, a telephone listing and signs limited to a total of four square feet permanently affixed to a vehicle. No advertising, telephone listing, signs or printed material may list the street address of the dwelling; and
8. Involves the on-site parking or storage of no more than one commercial vehicle, as long as the commercial vehicle parks inside the garage or covered parking at all times.
C. Prohibited Home Occupations. The following businesses are not permitted as home occupations:
2. Animal care, sales, and services;
3. Cannabis retail;
5. Hotels and motels; and
D. Exceptions. Exceptions to the above standards may be granted by the planning commission with the approval of a conditional use permit for an expanded type of home occupation. In approving the conditional use permit for an expanded home occupation the planning commission shall make the following findings:
1. The establishment of an expanded home occupation is compatible with and will not be detrimental to the residential character of the neighborhood and surrounding uses;
2. The establishment of an expanded home occupation will not result in or contribute to an unacceptable concentration of nonresidential uses in the neighborhood where it has been proposed; and
3. The establishment of an expanded home occupation will not result in excessive noise, traffic, and parking congestion.
E. Exemptions. Telecommuting, or the use of telephones, computers, or other similar technology to permit an employee to eliminate a commute trip and work from home, is not considered a home occupation and is exempt from the regulations of this section. (Ord. 23-4 § 5 (Exh. A))
A. Purpose. This section is intended to provide standards for the location, development and operation of integrated live/work units and for the reuse of existing residential, commercial, and industrial structures to accommodate live/work opportunities.
B. Establishment. Live/work units may be established through the conversion of existing buildings or by new construction, permitted or conditionally permitted as specified in the underlying zoning district.
C. No Separate Sale or Rental of Portions of Unit. No portion of a live/work unit may be separately rented or sold as a commercial space for a person or persons not living in the premises or as a residential space for a person or persons not working in the same unit.
D. Occupancy Requirement. The residential space within a live/work unit must be occupied by at least one individual employed in the business conducted within the live/work unit.
E. Business License Required. The occupant of a live/work unit is required to hold a valid business license for the on-site business.
F. Limitations on Use. The nonresidential component of a live/work development must be a use allowed within the applicable zoning district. A live/work unit must not be established or used in conjunction with any of the following activities:
2. Cannabis retail.
G. Limitation on Outside Employees. No more than one person other than residents of the live/work unit shall be employed in the conduct of the work, except that additional employees may be allowed subject to the approval of a conditional use permit in compliance with Section 17.05.020, Conditional use permit (CUP).
H. Design Standards.
1. Nonresidential Area. A minimum of fifty percent (50%) of the ground level of a live/work development, or a minimum three hundred (300) square feet, whichever is greater, must function predominantly as workspace. All floor area other than that reserved for living space must be reserved for and regularly used for workspace. Potential configurations for live/work developments include, but are not limited to, those shown below:
Figure 17.22.140(A). Live/Work Configurations

2. Ground Floor Design. The ground floor of a live/work development must comply with the standards for ground floor commercial uses established in Chapter 17.17, Commercial and Mixed-Use Zoning Districts, or Chapter 17.18, Business and Industrial Zoning Districts, as applicable.
3. Nonresidential Amenities. The ground floor of a live/work development must be designed to accommodate commercial or service uses as evidenced by the provision of flooring, interior storage, ventilation, and other physical improvements of the type commonly found in exclusively commercial or service facilities used for the same work activity.
4. Separation and Access. Access to each live/work unit must be provided from a public street or common access areas, corridors, or halls. The access to each unit must be clearly separate from other live/work units or other uses within the structure. (Ord. 23-4 § 5 (Exh. A))
Mobile food vendors must be located and operated in accordance with the following provisions:
A. Location and Applicability. Mobile vendors may only operate on private property in nonresidential zoning districts. Mobile vendor vehicles are not permitted as a permanent or proprietary location on any property within the city. Vehicles must not be left unattended at any time, or be left on site when inactive, or stored overnight. The regulations of this section do not apply to mobile food vendors operating within the public right-of-way.
B. Licenses and Permit Required. Mobile food trucks operating in the city shall obtain a business license from the city. The owner and operator of a mobile food truck is responsible for obtaining all necessary licenses and permits required for the service of food and beverages, including a permit for food service from the Napa County department of health. The mobile food vehicle must be in compliance with state motor vehicle laws.
C. Duration. Maximum four hours per day per lot, including set-up and clean-up. No lot may have a mobile vendor on site for more than ninety (90) days total in any twelve (12) month period.
D. Allowed Products. Operations are limited to the sales of food and nonalcoholic beverages for immediate consumption.
E. Vehicle and Parking Requirements.
1. Allowed Vehicles. Operations must only be conducted from a motor vehicle, or vehicle with a trailer consistent with state law and county health department approvals. Other types of food vending from a temporary structure such as a pushcart, standalone trailer, or kiosk are not allowed under this title.
2. Required Parking. No dedicated parking spaces are required for a mobile vendor that meets the standards of this section.
3. Overnight Parking. No overnight parking of mobile food trucks is allowed on the permitted vending site.
4. Displaced Parking. Mobile vendors may displace up to three required nonresidential parking spaces for a maximum of four hours per day per parking lot; provided, that no more than ten percent (10%) of the total number of parking spaces on site are displaced. Required parking spaces for an existing nonresidential use may be displaced if the existing nonresidential use is not open during the event.
5. Lighting. Mobile food truck operators must provide adequate lighting on the vehicle to ensure customer safety during business hours.
6. Paving. Mobile vendor vehicles must only be stopped or parked on a surface paved with concrete, asphalt, or another surface approved by the community development director.
F. Obstructions. Mobile vendor location and operations, including customers, seating, and equipment, must not obstruct the right-of-way, sight distances, or otherwise create hazards for vehicle or pedestrian traffic. The location must comply with applicable accessibility requirements and the Americans with Disabilities Act.
G. Nuisance.
1. Mobile vendors must be responsible for keeping the area clean of any litter or debris and must provide trash receptacles for customer use on site. All litter generated within a minimum of a one hundred (100) foot radius of the site must be collected prior to closure of the mobile food truck operations.
2. Mobile food trucks must not idle vehicle engines for more than five minutes during any one-hour time period.
3. Mobile food truck operators are responsible for controlling smoke and odors caused by food preparation so as to avoid a public nuisance.
4. No vendor must ring bells, play chimes, play an amplified musical system, or make any other notice to attract attention to its business while operating within city limits.
5. Separate refuse and recycling containers must be provided on site during all hours of mobile food truck operations.
6. The use of prohibited or unpermitted signs for mobile food vendors is not allowed.
H. Modifications. Modifications to the standards of this section may be approved pursuant to Section 17.11.010, Minor modifications to development standards. (Ord. 23-4 § 5 (Exh. A))
The installation of mobile homes constructed and/or purchased after October 1976, and certified under the National Mobile Home Construction of Safety Standards Act of 1974 (42 U.S.C. Section 5401 et seq.) on a foundation system pursuant to Section 18551 of the Health and Safety Code must be permitted in accordance with the following conditions:
A. To be occupied only as a single-family residential use.
B. To be subject to all provisions of the zoning ordinance applicable to conventionally built dwellings.
C. To be attached to a permanent foundation system in compliance with all applicable building regulations.
D. To be covered with an exterior material customarily used on conventionally built dwellings extending to the top of the foundation.
E. To have parapet walls or roofs which utilize shingle or other materials customarily used on conventionally built dwellings. (Ord. 23-4 § 5 (Exh. A))
A. Permit. Administrative approval of a sidewalk dining permit is required to establish outdoor seating for dining.
1. Outdoor seating for dining that results in an increase in the number of seats must be reviewed by the community development director for compliance with parking standards and by Napa County environmental management for compliance with regulations pertaining to food storage, health and safety.
2. For those restaurants that wish to serve alcohol outside, the licensee must obtain approval for premises expansion from the California Department of Alcoholic Beverage Control.
B. Standards. To establish outdoor seating for dining on a sidewalk, the following are required:
1. All entrances and emergency exits must be kept free of obstructions to ingress and egress.
2. A one-and-one-half-foot “recovery zone” from the edge of curb that must be kept free of obstructions, per CalTrans requirements.
3. A four-foot clear path of travel, which clearly maintains ADA compliance along the sidewalk, must be maintained to provide disabled access.
4. Tables and chairs must be brought indoors when the restaurant is closed.
5. Entertainment is not allowed on the sidewalk as part of the restaurant service.
6. An encroachment permit must be obtained from the city. The application must include documentation of required liability insurance. The city maintains the preeminent right to use the sidewalk and suspend the right to encroach whenever the sidewalk is needed for another public use or for repair.
7. No more than twenty percent (20%) of total restaurant seating may be located on the sidewalk or other public property.
8. If dogs are desired in the outdoor dining area, the following regulations must be enforced:
a. Employees and patrons must not allow dogs to come into contact with serving dishes, utensils, tableware, linens or any other items involved with food service operations.
b. Patrons must keep dogs in their charge on a leash at all times and under control.
c. Dogs must not be allowed on chairs, tables, or other furnishings.
d. All table and chair surfaces must be cleaned and sanitized between seating of patrons.
e. Dog waste must be removed immediately and the area immediately cleaned and sanitized with an appropriate product.
f. Dogs must not be permitted to travel through indoor portions of the public food service establishment. (Ord. 23-4 § 5 (Exh. A))
A. Primary Uses. Uses that may include outdoor commercial displays and sales are limited to the following:
1. Auto dealers.
2. Bicycle sales, repair, and rentals.
3. Farmers’ markets.
4. Parking and loading areas.
5. Plant nurseries.
6. Portable shoeshine stands when the business is conducted in conjunction with an approved use, provided the shoeshine stand conducts business during the same business hours as the approved primary use.
7. Seasonal sales (Christmas trees, pumpkins, etc.).
8. Service stations.
9. Storage of building materials and supplies accessory to an approved use.
10. Any other uses which, in the opinion of the community development director, require outside display or storage.
B. Standards. Provided the use is allowed (either as a permitted or conditional use) by the zoning district regulations for the zoning district in which the property is located, the following provisions apply to the incidental placement, storage, display, sale, or offer for sale of any merchandise out-of-doors or outside any completely enclosed building:
1. The merchandise or activity must be incidental and adjacent to any lawfully established business that normally sells the merchandise inside the building.
2. The merchandise or activity must not present a hazard to pedestrians or vehicles.
3. The merchandise or activity must not occupy the space formed by extending the width of any required or existing building exit, whichever is wider, to the public right-of-way.
4. The display of merchandise must not be located within the public right-of-way.
5. The merchandise or activity must not occupy any required parking spaces.
6. The storage, display or sales area is limited to two hundred (200) square feet or ten percent (10%) of the gross floor area of the business, whichever is less.
7. Along Main Street, between Mitchell Street and Pine Street on the west side, and Pope Street to Pine Street on the east side, planter boxes and plants must not encroach more than twelve (12) inches into the public right-of-way; must have a maximum height of four feet zero inches; and a minimum clearance of six feet of sidewalk must be kept clear for pedestrian use. These standards also apply elsewhere in the Central Business district outside of the area designated; however, the city council may waive these standards on a case-by-case basis.
8. Bicycle Sales, Repairs and Rentals. Storage or display of rental vehicles is not permitted within the public right-of-way, except where the city has jurisdiction over the sidewalks and as may be allowed with a conditional use permit with the following conditions:
a. One-and-one-half-foot “recovery zone” from the edge of curb that must be kept free of obstructions, consistent with CalTrans requirements;
b. A four-foot clear path of travel along the sidewalk must be maintained to provide disabled access;
c. Bicycles/scooters must be brought indoors when the business is closed; and
d. An encroachment permit must be obtained from the city.
C. Use of Street or Sidewalk. Nothing in this section may authorize the placement, storage, display, sale or offer for sale of any merchandise on any street or on any sidewalk or any other portion of the public right-of-way, with the exception of sidewalk sales permitted by subsection (D)(7) of this section.
D. Exceptions. No conditional use permit for the outdoor storage, display or sale of the following merchandise is required for:
1. Fruits and vegetables.
2. Plants and other growing vegetation, with the limitation in subsection (B)(6) of this section not applicable to nurseries.
3. Cut flowers (planter boxes subject to the standards specified in subsection (B)(7) of this section).
4. Gasoline pumps, oil racks and accessory items when located on pump islands.
5. Vehicles, including automobiles, trucks, motorcycles, trailers and recreational vehicles, with the limitation in subsection (B)(6) of this section not applicable.
6. Areas within a completely roofed street alcove or entryway; provided, that the merchandise is inside the line of the building face.
7. Parking lot and sidewalk sales and other promotional events that involve retail sales, as long as they do not exceed twelve (12) days total during any twelve (12) month period with no more than three days being consecutive, regardless of the number of businesses located on the property, with the limitations in subsections (B)(5) and (B)(6) of this section not applicable.
8. Nonpromotional events conducted by or for recognized nonprofit or charitable community groups, with the limitations in subsections (B)(1), (B)(5), and (B)(6) of this section not applicable.
9. Garage and yard sales, provided they are conducted on property used for residential purposes by a resident and do not exceed three days during any six-month period, with the limitations in subsections (B)(1), (B)(5), and (B)(7) of this section not applicable.
10. Merchandise associated with hardware stores and building supply stores.
11. Activities similar to the above, as determined by the planning commission. (Ord. 23-4 § 5 (Exh. A))
A. Approval Criteria. The following criteria must be met prior to approval of a service station:
1. The site is not closer than one hundred (100) feet to any R zoning district;
2. No block would have more than two service station sites;
3. No intersection would have more than two service station sites;
4. All operations and display of merchandise would be kept within an approved structure, except those directly required for the dispensing of gasoline, water and air, and the replenishment of oil;
5. The proposed use will not create increased traffic hazards to pedestrians when located near a church, school, theater, or other place of assembly; and
6. That the minimum landscaping requirements established in the zoning district in which the use is located have been incorporated into the design of the proposed use; and
7. The use does not include the sale of staple grocery items nor does it include a mini market, but may include the sale of snack foods, drinks, and convenience foods.
B. Public Service Facilities. All service stations must:
1. Provide restrooms on site, at no charge, for public use during normal business hours. The restrooms shall be continuously maintained in compliance with the standards of the county health department.
2. Provide and maintain, in usable and good working order, an air pump and radiator water hose for public use.
3. Provide petroleum and solvent waste dispensers, at no or a minimum charge, for use by customers to dispose of their used petroleum product liquids and shall accept used oil and containers during normal business hours.
4. Provide petroleum and solvent waste containers, at no or a minimal charge, for use by customers to return and to recycle their oil and other used petroleum product liquids.
5. Recycle all oil collected and make every effort to recycle the returned containers and other used petroleum product liquids.
C. Standards. The following provisions apply to the establishment and operation of service stations:
1. Service stations must be designed to maintain the scale, appearance and character of the surrounding area.
2. The location of service station islands, pumps, underground and aboveground tanks must meet the requirements of the city fire department and Uniform Fire Code.
3. Minimum Side and Rear Setbacks. Structures shall be set back at least ten (10) feet from the side and rear property lines where the adjoining parcels are located in a residential district.
4. Vehicular Access Points. There shall be no more than two vehicular access points to/from each public right-of-way and a minimum distance of thirty (30) feet between curb cuts along a public right-of-way.
5. Driveway Widths. The width of a driveway shall not exceed twenty-five (25) feet, measured at the sidewalk.
6. Pump Island Location. Pump islands shall be set back a minimum of fifteen (15) feet from any property line to the nearest edge of the pump island. A canopy or roof structure over a pump island may encroach up to ten (10) feet within this distance.
7. Canopies. Canopy height shall be limited to a maximum of eighteen (18) feet.
8. Restroom Screening. Restroom entrances viewable from adjoining rights-of-way or properties shall be concealed from view by planters or screening subject to the approval of the community development director.
9. Peripheral Wall.
a. Where a service station adjoins property in a residential zoning district, a solid decorative masonry wall shall be constructed along the common property line. The height of the wall, which shall be at least six feet, shall be measured from the finished grade of the residential property. Colors, design, materials, and textures of the wall shall be compatible with on-site development and adjoining properties and subject to the approval of the community development director.
b. When the wall reaches the established front setback line of a residentially zoned parcel adjoining the service station, the wall shall decrease to a maximum height of forty-two (42) inches.
D. Accessory Uses. Accessory uses of a service station which are customarily incidental and clearly subordinate to the principal use (e.g., a car wash, motor vehicle and trailer rental, sale of food and beverage items, video rental, motor vehicle fleet maintenance, etc.) may be permitted with the approval of a separate conditional use permit by the planning commission. (Ord. 23-4 § 5 (Exh. A))
A. Purpose.
1. The city council hereby finds that unregulated transient occupancy uses in residential and agricultural districts present a threat to the public welfare.
2. The purposes of the short-term rental regulations are to:
a. Establish a permitting process and appropriate restrictions and standards for short-term rental of single-family dwellings;
b. Provide a visitor experience and accommodation as an alternative to the hotel, motel, and bed and breakfast accommodations currently existing in the city;
c. Ensure the collection and payment of transient occupancy taxes;
d. Minimize the negative secondary effects of short-term rental use on surrounding residential neighborhoods; and
e. Retain the character of the neighborhoods in which any such use occurs.
3. The short-term rental regulations are not intended to regulate hotels and bed and breakfast inns that do not qualify as short-term rentals.
4. The short-term rental regulations are not intended to provide any owner of residential property with the right or privilege to violate any private conditions, covenants and restrictions applicable to the owner’s property that may prohibit the use of such owner’s residential property for short-term rental purposes as defined in this section.
5. The city council also finds that the adoption of a comprehensive ordinance regulating the issuance of and operating conditions attached to short-term rental permits (refer to Section 17.05.100, Short-term rental permit) is necessary to protect the public health, safety and welfare. The purposes of the short-term rental permit regulations are to:
a. Provide a permit system and to impose operational requirements in order to minimize the potential adverse impacts of transient uses in residential neighborhoods and zoning districts on traffic, noise and density;
b. Ensure the health, safety and welfare of renters and guests patronizing short-term rentals;
c. Impose limitations on the total number of permits issued in order to ensure the long-term availability of the affordable housing stock; and
d. Provide for robust enforcement remedies and penalties to prevent and deter violations of this section and unjust enrichment by those who violate this section.
B. Short—Term Rental Permit Required. No person may use or maintain, nor may any person authorize, aid, facilitate or advertise the use of, any single-family dwelling on any parcel in any zoning district for short-term rental without a short-term rental permit. See Section 17.05.100, Short-term rental permit.
C. Permitted Locations. Short-term rentals must be permitted in accordance with the provisions established in each zoning district and as provided in this section.
D. Restrictions and Standards. Short-term rentals are subject to the following restrictions and standards:
1. The short-term rental use is permitted in no more than one single-family dwelling per lot.
2. The short-term rental permit must be in the name of the owner-applicant, who must be an owner of the real property upon which the short-term rental use is to be permitted. One person may hold no more than one short-term rental permit. The permit is not transferable.
3. Short-term rental uses are limited to single-family dwellings existing and constructed as of the date of application for the short-term rental permit.
4. The total number of permits for short-term rental dwellings in the city must not exceed twenty-five (25) at any time.
5. The maximum number of bedrooms used for short-term rental use in the short-term rental dwelling must be no greater than five. The total number of guests staying in the short-term rental dwelling at any one time must be no greater than two times the number of bedrooms plus two persons, up to a maximum of twelve (12) persons.
6. Short-term rental dwellings must meet all applicable building, health, fire and related safety codes at all times and shall be inspected by the fire department before any short-term rental activity can occur.
7. A minimum of two on-site parking spaces must be provided for use by the short-term rental occupants.
8. The owner-applicant must keep on file with the city the name, address, telephone number, cell phone number, and email address of a local contact person who shall be responsible for responding to questions or concerns regarding the operation of the short-term rental. This information must be posted in a conspicuous location within the short-term rental dwelling. The local contact person shall be available twenty-four (24) hours a day to accept telephone calls and respond physically to the short-term rental within thirty (30) minutes when the short-term rental is rented and occupied. The city shall post the name and contact information of the local contact person associated with each short-term rental on the city’s webpage. The city reserves the right to reject a local contact person if their location is out of the area.
9. The owner-applicant must post “house policies” within each guest bedroom. The house policies must be included in the rental agreement, which must be signed by the renter and must be enforced by the owner-applicant or the owner-applicant’s designated contact person. The house policies at a minimum must include the following provisions:
a. Quiet hours must be maintained from ten p.m. to seven a.m., during which noise within or outside the short-term rental dwelling must not disturb anyone on a neighboring property.
b. Outdoor amplified sound is prohibited.
c. Except as permitted by the community development director, vehicles must be parked in the designated on-site parking area and must not be parked on the street overnight.
d. Parties or group gatherings which exceed the maximum number of allowed guests and/or which have the potential to cause traffic, parking, noise or other problems in the neighborhood are prohibited from occurring at the short-term rental property, as a component of short-term rental activities.
e. Guests must not leave any waste or trash outside the house.
10. Auctions, weddings, commercial functions, and any other similar events which have the potential to cause traffic, parking, noise or other problems in the neighborhood are prohibited.
11. The owner-applicant must ensure that the occupants and/or guests of the short-term rental use do not create unreasonable noise or disturbances, engage in disorderly conduct, or violate provisions of this code or any state law pertaining to noise, disorderly conduct, the consumption of alcohol, or the use of illegal drugs or be subject to fines and penalties levied by the city up to and including revocation of the short-term rental permit.
12. The owner-applicant, upon notification that occupants and/or guests of his or her short-term rental use have created unreasonable noise or disturbances, engaged in disorderly conduct or committed violations of this code or state law pertaining to noise, disorderly conduct, the consumption of alcohol or the use of illegal drugs, must prevent a recurrence of such conduct by those occupants or guests or be subject to fines and penalties levied by the city up to and including revocation of the short-term rental permit.
13. All advertising for any short-term rental, including electronic advertising on short-term rental websites, must include the number of the short-term rental permit granted to the owner-applicant.
14. The owner-applicant must maintain city business licenses and pay all transient occupancy taxes in accordance with Chapter 3.28, Transient Occupancy Tax, as required.
15. Preference for the review and issuance of new short-term rental permits must be given to current residents of St. Helena over nonresident applicants. Applicants whose primary residence is within the city must be reviewed and acted on ahead of other nonresident applications to implement the local preference policy for short-term rental permits.
16. Applicants for short-term rental permits are required to have owned their homes for a minimum of three years prior to applying for and being issued a short-term rental permit.
17. Short-term rental permit holders are required to rent their properties on a short-term basis for a minimum (average) of sixty (60) days per year. Individual permit holders who do not meet this minimum rental activity may (at the determination of the community development director) have their renewal denied and/or reviewed by the planning commission at a noticed public hearing. Short-term rental permit holders who utilize their primary residence for short-term rental activities are exempt from this requirement. (Ord. 23-4 § 5 (Exh. A))
Single-room occupancy (SRO) units must be located, developed, and operated in compliance with the following standards:
A. Maximum Occupancy. Each SRO living unit must be designed to accommodate a maximum of two persons.
B. Minimum Size. An SRO living unit must have at least one hundred fifty (150) square feet of floor area, excluding closet and bathroom. No individual unit may exceed four hundred (400) square feet.
C. Minimum Width. A one-room SRO must not be less than twelve (12) feet in width.
D. Entrances. All SRO units must be independently accessible from a single main entry, excluding emergency and other service support exits.
E. Cooking Facilities. Cooking facilities must be provided either in individual units or in a community kitchen. Where cooking is in individual SRO units, SRO units must have a sink with hot and cold water; a counter with dedicated electrical outlets and a microwave oven or properly engineered cook top unit pursuant to building code requirements; a small refrigerator; and cabinets for storage.
F. Bathroom. An SRO unit is not required to but may contain partial or full bathroom facilities. A partial bathroom facility must have at least a toilet and sink; a full facility must have a toilet, sink and bathtub, shower or bathtub/shower combination. If a full bathroom facility is not provided, common bathroom facilities must be provided in accordance with the building code for congregate residences with at least one full bathroom per floor.
G. Closet. Each SRO unit must have a separate closet.
H. Common Area. Common area in an amount equal to ten (10) square feet per living unit must be provided, excluding janitorial storage, laundry facilities and common hallways. At least two hundred (200) square feet in area of interior common space must be provided as a ground floor entry area that provides a central focus for tenant social interaction and meetings. The common area must provide wi-fi for tenants.
I. Income Restriction. One hundred percent (100%) of units must be designated as affordable at the low-income level or very low-income level.
J. Tenancy. Tenancy of SRO units are limited to thirty (30) or more days.
K. Facility Management. An SRO facility with ten (10) or more units must provide full-time on-site management. An SRO facility with less than ten (10) units must provide a management office on site.
L. Management Plan. A management plan must be submitted with the minor use permit application for all SRO projects. At minimum, the management plan must include the following:
1. Security/Safety. Proposed security and safety features such as lighting, security cameras, defensible space, central access, and user surveillance;
2. Management Policies. Management policies including desk service, visitation rights, occupancy restrictions, and use of cooking appliances;
3. Rental Procedures. All rental procedures, including weekly and monthly tenancy requirements;
4. Staffing and Services. Information regarding all support services, such as job referral and social programs; and
5. Maintenance. Maintenance provisions, including sidewalk cleaning and litter control, recycling programs, general upkeep, and the use of durable materials. (Ord. 23-4 § 5 (Exh. A))
A minor use permit for the establishment of a small recycling center shall be conditioned upon compliance with the following requirements:
A. Location. A small recycling center must not be located in any required setback.
B. Screening. Small recycling centers must be screened from the public right-of-way by landscaping (fences or walls may be used if located outside a required setback). The landscaping must generally be planned and installed in accordance with Chapter 17.25, Landscaping. Any impairment of existing landscaping or landscaping required pursuant to this title must be mitigated by installing a similar amount of landscaping.
C. Operations.
1. May not exceed five hundred (500) square feet including mobile recycling units, nonprofit drop-off facilities and reverse vending machines.
2. Only glass, metals, plastic containers and paper may be accepted at a small recycling center. Motor oil must not be collected for recycling at a small recycling center.
3. No power-driven processing equipment is allowed except for reverse vending machines.
4. Containers used for the collection and storage of recyclable materials must be constructed of a durable waterproof and rustproof material, covered when the site is not attended, secured from unauthorized entry or removal of material and must have a capacity sufficient to accommodate materials collected between collection schedules.
5. Containers must be clearly marked to:
a. Identify the type of material which may be deposited in each container;
b. The name and telephone number of the operator and hours of operation; and
c. Shall display a notice stating that no material is to be left outside the recycling enclosure or containers.
6. Attended facilities located within one hundred (100) feet of property zoned or occupied for residential use must operate only during the hours between nine a.m. and seven p.m. Containers for the twenty-four (24) hour donation of materials must be located at least five hundred (500) feet from any property zoned or occupied for residential use unless there is acoustical shielding between the containers and residential use. In no event may the containers for the twenty-four (24) hour donation of materials be located less than thirty (30) feet from property zoned for residential use.
D. Maintenance. The site must be maintained free of litter and any other undesirable materials and must be picked up and cleaned on a daily basis.
E. Signs. Signs on recycling containers must comply with the following:
1. The maximum sign area allowed must be thirty-five percent (35%) per side of the container or nine square feet (whichever is less) with a total sign area of forty (40) square feet for all containers. These may be in addition to the informational signs required by subsection (C)(5) of this section. In the case of a wheeled container, the side will be measured from the pavement to the top of the container.
2. On-site directional signs may be allowed to facilitate traffic circulation or if the facility is not visible from the public right-of-way.
3. These regulations are in addition to the sign standards established in Chapter 17.27, Signs.
F. Parking.
1. No additional parking spaces are required for a small recycling center, over and above those required for the principal use. Mobile recycling units must have an area clearly marked to prohibit other vehicular parking during the hours mobile unit is to be present.
2. Occupation of parking spaces by the facility and by the attendant may not reduce available parking spaces below the minimum number required for the principal use unless the facility is located in a convenience zone as designated by the California Department of Conservation.
G. Permit.
1. The minor use permit for a small recycling center is valid for a period of time not to exceed five years, after which time it may be reviewed for another five years. If at any time the small recycling center is not in use for six months or more, it must be immediately removed from the site and the community development director notified.
2. Applicants seeking approval for a small recycling center shall submit plans and other information sufficient to demonstrate compliance with the above requirements including the name, address and telephone number of the person responsible for the daily maintenances and periodic collection of recyclable materials and written approval from the property owner.
3. The above requirements may be waived or modified by the community development director if the result is to improve the overall function, site operation or appearance of the small recycling center; or that the design and/or location of the small recycling center makes the above unnecessary. (Ord. 23-4 § 5 (Exh. A))
A. Purpose. The purpose of the small winery regulations is to:
1. Promote and implement the policies of the general plan to preserve agricultural land uses within the city;
2. Support the economic feasibility of continuing agricultural use of the land where individual property owners can process grape crop into wine within a privately owned facility; and
3. Support the establishment of smaller, locally owned and operated wineries where an existing residential use exists.
B. Applicability.
1. The reestablishment of pre-Prohibition wineries may be permitted within any zoning district, except the W (Winery) zoning district, in compliance with the regulations in subsection D of this section.
2. The reestablishment of pre-Prohibition wineries in the W (Winery) zoning district must comply with the winery district regulations in Chapter 17.19, Community Agricultural and Natural Resource Zoning Districts.
C. Uses Prohibited.
1. Events which are open to members of the general public who are not members of the wine trade or who do not have preestablished business relationships with the small winery or its owner/operator are not permitted.
2. Facilities for assembly, public sales, or entertainment, including retail sales rooms, visitor centers, dining rooms separate from that within the residential unit, kitchens or food service facilities, are prohibited.
D. Pre-Prohibition Wineries.
1. The reestablishment of a pre-Prohibition winery may be permitted with approval of a conditional use permit.
2. The following findings must be made in order to approve a conditional use permit for the reestablishment of a pre-Prohibition winery:
a. There is substantial evidence proving that the subject structure was used as a winery building prior to January 16, 1920; and
b. More than fifty percent (50%) of the exterior of the original historic structure remains standing.
3. The appearance of the renovated building must be consistent with the original appearance of the building, as documented by photographs or as recommended by a qualified architectural historian.
4. Pre-Prohibition winery status may allow modification of regulations of the underlying zoning district to preserve the historic nature of the structure.
5. Pre-Prohibition wineries are not automatically entitled to the prior annual production capacity, or type or intensity of prior social or marketing activities. Pre-Prohibition winery operations must be consistent with all small winery regulations contained in subsections E through G of this section.
6. Conditions of approval for a conditional use permit to reestablish a pre-Prohibition winery must provide for the continued preservation of the historic nature of the structure through rezoning to include a historic preservation overlay or other means deemed suitable.
7. Construction must comply with the California Uniform Building Code and/or the State Historic Building Code, as amended and adopted by the city.
E. Development and Use Standards.
1. Parcel Size.
a. Small wineries are allowed only on parcels of five acres or greater in size; however, exceptions may be granted if it can be demonstrated that there will be minimal impact upon surrounding properties.
b. Small wineries that host tastings or other are allowed only on parcels ten (10) acres or greater in size; however, exceptions may be granted if it can be demonstrated that there will be minimal impact upon surrounding properties.
2. Small wineries must be an accessory use to a residential use. The residential use must be the primary residence of the winery owner or their family members (i.e., children, parents, grandparents, or grandchildren) or the resident winery manager.
3. Accessory buildings in association with a small winery must be developed consistent with the standards for accessory buildings for the zoning district in which the small winery is located. More restrictive standards may be applied if the community development director determines that the winery building or operations will have a negative impact upon other properties in the vicinity.
4. Only one small winery is permitted per parcel.
5. A minimum of eighty-five percent (85%) of the grape source utilized for the wine produced at the small winery must be grown on the premises, on parcels whose property lines adjoin the parcel upon which the small winery is located, or on any parcel that is immediately adjacent to or across any public or private street, excluding Highway 29, from that parcel upon which the small winery is located. However, if (a) the winery is being temporarily replanted or (b) the winery has sustained crop damage, the grapes may be sourced from within the city limits in proportion to the extent of the vines being replanted or replaced because of crop damage until production is reestablished at preplanting or prereplacement levels.
6. There must be a direct correlation between the yearly production limit of the small winery and the anticipated tonnage of grapes. A general guideline for establishing the production limit is one thousand (1,000) gallons per acre of vineyard planted on the property where the small winery is located; however, the general guideline can vary depending upon the crop yield of the particular vineyard.
7. Pursuant to Section 13.04.100(E), no municipal water may be utilized for the small winery operations or vineyard irrigation.
8. A minimum of three parking spaces (two standard parking spaces and one accessible parking space) must be provided with the winery use. Additional parking spaces may be required depending upon the number of employees employed at the winery. All employees must park on site.
F. CUP Requirements and Conditions.
1. All private visitor and event parking, including employee parking, must be provided on site.
2. Wine marketing events are limited to a maximum of one event per calendar month.
3. The maximum number of guests allowed at any private wine marketing event must not exceed the fire code occupancy of the small winery building. This maximum capacity shall be posted in a conspicuous place in the small winery building.
4. Conditional use permit conditions shall state the maximum number of guests per event and may impose stricter limitations if residential development on adjoining parcels is within four hundred (400) feet of the new small winery use.
5. Amplified music outdoors is not permitted within five hundred (500) feet of a residence.
6. There can be no advertising in publications produced for general distribution for private wine marketing events and all attendees must have been specifically invited to participate in the private wine marketing event by the small winery owner/operator. Because facilities for assembly or entertainment are prohibited, all private wine marketing events must be held within the confines of the on-site residential unit, the production area of the small winery building, or outside.
7. The establishment of on-premises wine sales will be determined during the process for consideration of a conditional use permit. If wine sales are to be allowed, they must be restricted only to wine that is produced on the parcel on which the small winery is located. No merchandise must be sold.
8. The hours of sales must be by appointment only as reviewed during the process for consideration of a conditional use permit.
G. Inspection, Fees, and Licenses.
1. A business license is required prior to the commencement of operation of a small winery.
2. The community development director must inspect small wineries as often as necessary to ensure compliance with this title and conditional use permit conditions. An inspection fee must be set by resolution of the city council. (Ord. 23-4 § 5 (Exh. A))
Solar energy systems must be located, developed, and operated in compliance with the following standards:
A. Height.
1. Ground—Mounted Solar Energy Systems. The maximum height of a ground-mounted solar energy collector system is twenty-five (25) feet or the maximum height allowed in the underlying zoning district, whichever is less.
2. Roof—Mounted Solar Energy System. Solar energy systems may extend up to five feet above the roof surface on which they are installed and are excluded from the maximum height limit of the zone in which they are located.
B. Required Setback. Solar energy systems less than six feet in height may be installed within a required side and rear setback, but no closer than three feet to any property line. All other solar energy systems must meet the required setback of the underlying zoning district. (Ord. 23-4 § 5 (Exh. A))
A. Purpose. This section establishes regulations to ensure that short-term activities on privately or publicly owned property will be compatible with surrounding areas.
B. Permit. A temporary use permit allows the short-term activities listed in subsection D of this section that may not comply with the normal development or use standards of the applicable zoning district but may otherwise be acceptable because of their temporary nature. Temporary use permits, issued in accordance with Section 17.05.110, Temporary use permit, are not subject to design review or standard parking requirements otherwise restricted by this code.
C. Exempt Temporary Activities. The following allowed temporary activities are exempt from the requirement for a temporary use permit. Activities that do not fall within the categories defined below must comply with subsection D of this section.
1. Construction Yards—On-Site. On-site contractors’ storage yards of less than one acre, including a work trailer, only in conjunction with an approved construction project located on the same site. The contractor’s storage yard must be removed immediately upon completion of the construction project, or the expiration of the companion building permit authorizing the construction project, whichever first occurs.
2. Emergency Facilities. Emergency public health and safety needs/activities, as determined by the city council or the city manager.
3. Location Filming. The temporary use of a specific site for the location filming of commercials, movies, videos, etc., as regulated and approved by the city manager pursuant to Chapter 5.24, Film Permits.
4. Garage Sales or Similar Sales Activities. The sale of personal goods which are owned by the household or neighboring households located on residentially zoned property, for up to three consecutive days and three times within a twelve (12) month period.
5. Public Property. Activities conducted on public properties that are approved by the city council.
6. Nonprofit Special Events. Special events (such as car washes, bake sales, rummage sales or flea markets) conducted by or for a recognized nonprofit or charitable community group may be conducted on the grounds of a religious institution, commercial property, school or other permanent place of public assembly up to three days during any six-month period provided they meet the following standards or provisions:
a. Event activities do not block a building exit, present a hazard to pedestrians or vehicles, reduce the width of a pedestrian walkway to less than required ADA access dimensions, significantly reduce on-site parking or occupy a fire lane.
b. If the merchandise or activity is proposed for location on any street, sidewalk or public right-of-way, an encroachment permit must be secured from the public works department.
c. If any commercial vendors are involved in the event, they must secure a business license from the finance department pursuant to Title 5, Business Licenses and Regulations.
d. Nonprofit special events occurring more frequently than three days during any six-month period must require a conditional use permit or temporary use permit.
D. Allowed Temporary Activities. The following temporary activities may be allowed within the specified time limits, but in no case for more than twenty-four (24) months (other than as noted in this section), subject to the issuance of a temporary use permit by the community development director. Other temporary or short-term activities that do not fall within the categories defined below must instead comply with the temporary use permit requirements and development standards that otherwise apply to the property.
1. Events. Arts and crafts exhibits, carnivals, concerts, fairs, farm stands, festivals, flea markets, food events, outdoor entertainment/sporting events, and swap meets for up to fourteen (14) consecutive days, or six two-day weekends, within a twelve (12) month period, when conducted on nonresidential properties. Decisions on large scale temporary uses such as concerts or festivals which are intended to draw large numbers of individuals (i.e., four hundred (400) or more people) to the temporary use in a single day may be elevated to the planning commission at the discretion of the community development director.
2. Pop-Up Uses. Retail sales, museums, outdoor movies for commercial profit, outdoor dining in conjunction with a restaurant, art exhibits, restaurants or cafes for up to twenty-four (24) months when conducted on nonresidential properties.
3. Formula Pop-Up Uses. Pop-up uses meeting the definition of a “formula business” are limited to ninety (90) days of operation when conducted on nonresidential properties.
4. Seasonal Sales Lots. Seasonal sales activities (e.g., Halloween, Thanksgiving, Christmas, etc.) including temporary residence/security trailers, on nonresidential properties, for up to thirty (30) days and eight times within a twenty-four (24) month period.
5. Temporary Structures. A temporary classroom, office, or similar structure, including a manufactured or mobile unit, may be approved for a maximum of twenty-four (24) months from the date of approval without design review, to accommodate an existing approved primary or accessory use, or as the first phase of a development project. The type of temporary use must be allowed within the base zoning district.
6. Temporary Off-Site Storage. Temporary off-site storage requires a minor use permit and is limited to a period of one year, with an extension at the discretion of the community development director.
7. Similar Temporary Activities. Similar temporary activities that the community development director determines are compatible with the zoning district and surrounding land uses. (Ord. 23-4 § 5 (Exh. A))
A. Purpose and Findings.
1. There is a critical shortage of permanent, long-term housing in St. Helena.
2. A limited supply of suitable vacant land, land values, and market demand for land for other uses, including but not limited to use of property for vineyards, have limited the construction of additional housing in the city.
3. St. Helena is a popular tourist destination known for its scenic Napa Valley location, exceptional wineries and restaurants, historic Main Street and small town agricultural character.
4. St. Helena stands out in the Napa Valley for its ability to attract visitors while also supporting the needs of its resident population. Maintaining the balance between the quality of life for residents and those who work in the city and the visitors who help to sustain the city’s tourist economy is key to maintaining a sustainable community and a stable economy.
5. Time-share uses are not an appropriate land use in the city’s residential districts due to the multiple occupancy of time-share properties, the short-term, tourist-oriented use of such property and commercial management of time-share facilities, all of which create increased traffic generation, excessive noise, disruption to residential communities through commercial-level maintenance of the time-share facilities, and therefore are appropriately confined to commercial zoning districts.
6. Conversion of permanent housing to time-share facilities removes existing housing units from the city’s existing stock and exacerbates an already severe housing shortage.
7. It is, therefore, in the public interest to prohibit conversions of existing housing units into time-share facilities, as to do so eliminates needed housing stock by diverting those units to a tourist-oriented, commercial use.
B. Definitions. For purposes of this chapter, the following words and phrases shall have the meaning respectively ascribed to them by this section:
“Accommodation” means any dwelling unit, apartment, condominium or cooperative unit, hotel or motel room, or other structure constructed for residential use and occupancy, including but not limited to a single-family dwelling, or unit within a two-family dwelling, three-family dwelling, multiple-family dwelling, or townhouse dwelling as defined in Chapter 17.33, Definitions of Uses.
“Building” shall have the meaning ascribed to it by Chapter 17.32, Definitions of Terms.
“Dwelling unit” shall have the meaning ascribed to it by Chapter 17.32, Definitions of Terms.
“Managing entity” means the person who undertakes the duties, responsibilities and obligations of the management of a time-share plan.
“Person” means a natural person, corporation, limited liability company, partnership, joint venture, association, estate, trust, or other legal entity, or any combination thereof.
“Time-share instrument” means one or more documents, by whatever name denominated, creating or governing the operation of a time-share plan and includes the declaration dedicating accommodations to the time-share plan.
“Time-share interest” means the right to exclusively occupy a time-share property for a period of time on a recurring basis pursuant to a time-share plan, regardless of whether or not such right is coupled with a property interest in the time-share property or a specified portion thereof.
“Time-share plan” means any arrangement, plan, scheme, or similar device, whether by membership agreement, bylaws, shareholder agreement, partnership agreement, sale, lease, deed, license, right to use agreement, or by any other means, whereby a purchaser, in exchange for consideration, receives the right to exclusive use of an accommodation or accommodations, whether through the granting of ownership rights, possessory rights or otherwise, for a period of time less than a full year during any given year, on a recurring basis for more than one year, but not necessarily for consecutive years.
“Time-share property” means one or more accommodations subject to the same time-share plan, together with any other property or rights to property appurtenant to those accommodations.
“Time-share use” means the use of one or more accommodations or any part thereof, as a time-share property pursuant to a time-share plan.
C. Time—Share Uses Restricted to Service Commercial (SC) and Central Business (CB) Districts. Time-share uses are conditional uses within the city’s Service Commercial (SC) district and Central Business (CB) district, subject to approval of a conditional use permit applied for and approved in conformance with this chapter. Time-share uses are not permitted in all other zoning districts in the city.
D. Application Process and Development Standards.
1. Application Process. In addition to the application requirements contained in Chapter 17.04, Common Procedures, and Chapter 17.05, Planning Permits and Approvals, an application for a time-share use shall be accompanied by the following documents which shall be subject to the approval of the community development director:
a. Management Plan. A management plan shall describe the methods employed by the applicant to guarantee the future adequacy, stability, and continuity of a satisfactory level of management and maintenance of the time-share use.
b. Application Requirements. In addition to any application requirements established by this section and any other applicable requirements of this code, the following information shall be submitted as part of any application to develop or establish a time-share use:
i. Typical floor plans for each accommodation.
ii. The phasing of the construction of the accommodations on the time-share property, if applicable.
iii. A description of any ancillary uses which are proposed in conjunction with the time-share use.
iv. A description of the method of management of the time-share use and indication of the management entity for the time-share property.
v. Any restrictions on the use or occupancy of the accommodations.
vi. Any other information or documentation the applicant, city staff or commission deems reasonably necessary to the consideration of the time-share use, including any required environmental documents.
2. Development Standards and Operational Requirements. Notwithstanding any other provision of this chapter, the following conditions must be met by any time-share use. Additional requirements may be attached to a conditional use permit or development agreement if found to be necessary to assure that the time-share use meets the intent of this chapter:
a. Time-share uses developed in the SC or CB zoning district shall be limited to accommodations in upper floors in conjunction with a mixed-use project.
b. No existing residential use in the SC or CB zoning district shall be converted to a time-share use.
c. Development Standards. The time-share use shall comply with all development standards for the zoning district in which it is located.
d. Parking. Parking shall be provided as follows:
i. For accommodations of two or fewer bedrooms, one parking space shall be provided for each accommodation.
ii. For accommodations of three or more bedrooms, two parking spaces shall be provided for each accommodation.
e. Modification or Waiver of Standards. The planning commission may modify or waive one or more of the regulations contained in this section if it determines that strict compliance is not necessary to achieve the purpose and intent of this section.
E. Violations, Enforcement and Civil Penalties.
1. Any responsible person, including but not limited to an owner of a time-share interest, management entity, agent, or broker who uses, or allows the use of, or advertises or causes to be printed, published, advertised or disseminated in any way and through any medium, the availability for sale or use of an accommodation in violation of this chapter is guilty of a misdemeanor for each day in which such accommodation is used, allowed to be used, or advertised for sale or use in violation of this chapter. Such violation shall be punishable pursuant to Chapter 1.20, General Penalty.
2. Time-share use, and/or advertisement for time-share use, of an accommodation in violation of this chapter is a threat to public health, safety or welfare and is thus declared to be unlawful and a public nuisance. Any such nuisance may be abated and/or restored by the enforcement official and also may be abated pursuant to Chapter 1.12, Enforcement Procedures, except that the civil penalty for a violation shall be one thousand dollars ($1,000.00). Each day the violation occurs shall constitute a separate offense.
3. Any responsible person who violates this chapter shall be liable and responsible for a civil penalty of one thousand dollars ($1,000.00) per violation per day such violation occurs. The city may recover such civil penalty by either civil action or administrative citation. Such penalty shall be in addition to all other costs incurred by the city, including without limitation the city’s staff time, investigation expenses and attorney’s fees.
a. Where the city proceeds by civil action, the court shall have discretion to reduce the civil penalty based upon evidence presented by the responsible person that such a reduction is warranted by mitigating factors including, without limitation, lack of culpability and/or inability to pay. Provided, however, that in exercising its discretion the court should consider the purpose of this chapter to prevent and deter violations and whether the reduction of civil penalties will frustrate that purpose by resulting in the responsible person’s enrichment or profit as a result of the violation of this chapter. In any such civil action the city also may abate and/or enjoin any violation of this chapter.
b. Where the city proceeds by administrative citation, the city shall provide the responsible person notice of the right to request an administrative hearing to challenge the citation and penalty, and the time for requesting that hearing.
i. The responsible person shall have the right to request the administrative hearing within forty-five (45) days of the issuance of the administrative citation and imposition of the civil penalty. To request such a hearing, the responsible person shall notify the city clerk in writing within forty-five (45) days of the issuance of the citation. The appeal notification shall include all specific facts, circumstances and arguments upon which the appeal is based.
ii. The city manager is hereby authorized to designate a hearing officer to hear such appeal. The city hearing officer shall conduct a hearing on the appeal within ninety (90) days of the request for the hearing unless one of the parties requests a continuance for good cause. The hearing officer shall only consider those facts, circumstances or arguments that the property owner or responsible person has presented in the appeal notification.
iii. The hearing officer shall render a decision in writing within thirty (30) days of the conclusion of the hearing. The hearing officer shall have discretion to reduce the civil penalty based upon evidence presented by the property owner or responsible person that such a reduction is warranted by mitigating factors including, without limitation, lack of culpability and/or inability to pay. Provided, however, that in exercising its discretion the hearing officer should consider the purpose of this chapter to prevent and deter violations and whether the reduction of civil penalties will frustrate that purpose by resulting in the property owner’s or responsible person’s enrichment or profit as a result of the violation of this chapter.
iv. Any aggrieved party to the hearing officer’s decision on the administrative appeal may obtain review of the decision by filing a petition for writ of mandate with the Napa County superior court in accordance with the timelines and provisions set forth in California Government Code Section 53069.4.
v. If, following an administrative hearing, appeal, or other final determination, the owner of the property is determined to be the responsible person for the civil penalty imposed by this section, such penalty, if unpaid within forty-five (45) days of the notice of the final determination, shall become a lien to be recorded against the property on which the violation occurred pursuant to Chapter 1.12, Enforcement Procedures. Such costs shall be collected in the same manner as county taxes, and thereafter the property upon which they are a lien shall be sold in the same manner as property now is sold for delinquent taxes.
4. Any violation of this chapter may also be abated and/or restored by the enforcement official and also may be abated pursuant to Chapter 1.12, except that the civil penalty under Chapter 1.12, Enforcement Procedures, for a violation shall be one thousand dollars ($1,000.00).
5. Each day the violation of this chapter occurs shall constitute a separate offense.
6. The remedies under this chapter are cumulative and in addition to any and all other remedies available at law and equity. (Ord. 23-4 § 5 (Exh. A))
A. Purpose. The purpose and intent of this section is to provide uniform and comprehensive standards for the approval and design of telecommunication facilities. These regulations are designed to protect and promote public health, safety, and community welfare while at the same time not unduly restricting the development of needed telecommunication facilities. They have also been developed to further the policies of the general plan. It is intended that these regulations specifically accomplish the following:
1. Ensure that new telecommunication facilities are installed in a manner that minimizes their visual impact on the community;
2. Protect the environmental resources of the city;
3. Create telecommunication facilities that will serve as an important and effective part of the city’s emergency response network; and
4. Simplify and shorten the process for obtaining necessary permits for telecommunication facilities while protecting the legitimate interests of the city’s citizens.
B. Applicability and Exemptions. The requirements of this section apply to all telecommunication facilities on private property and public property not including the public right-of-way that transmit and/or receive electromagnetic signals, including but not limited to personal communications services (cellular and paging) and radio and television broadcast facilities. The requirements apply to telecommunication facilities that are the primary use of a property and those that are accessory facilities, except that the following accessory facilities are exempt:
1. Licensed amateur (ham) radio and citizen band operations.
2. Hand-held, mobile, marine, and portable radio transmitters and/or receivers.
3. Public safety communications radio.
4. Radio and television mobile broadcast facilities.
5. Antennas and equipment cabinets or rooms completely located inside of permitted structures.
6. A temporary telecommunication facility mounted on a trailer or a portable foundation, with approval of the city manager for an emergency for a period of up to one year.
7. A single ground—or building-mounted dish antenna not exceeding the maximum height permitted by this section, including any mast, subject to the following restrictions:
a. Satellite Dish 39.37 Inches (One Meter) or Less. A satellite dish antenna 39.37 inches (one meter) or less in diameter, and (i) intended for the sole use of a person occupying the same parcel to receive direct broadcast satellite service, including direct-to-home satellite service, or to receive or transmit fixed wireless signals via satellite or (ii) a hub or relay antenna used to receive or transmit fixed wireless services that are not classified as telecommunication services, is permitted anywhere on a lot provided it does not exceed the height of the ridgeline of the primary structure on the same parcel.
b. Nonsatellite Dish 39.37 Inches (One Meter) or Less. A dish antenna 39.37 inches (one meter) or less in diameter or diagonal measurement, and (i) intended for the sole use of a person occupying the same parcel to receive video programming services via multipoint distribution services, including multichannel multipoint distribution services, instructional television fixed services, and local multipoint distribution services, or to receive or transmit fixed wireless signals other than via satellite or (ii) a hub or relay antenna used to receive or transmit fixed wireless services that are not classified as telecommunication services, is permitted anywhere on a lot.
8. An antenna that is less than twenty-five (25) feet in height and that is mounted on any existing building or other structure. The antenna shall be for the sole use of a person occupying the same parcel on which the antenna is located to receive television broadcast signals.
9. Any antenna or wireless communications facility that is exempt from local regulation pursuant to the rules and regulations of the Federal Communications Commission (FCC) or a permit issued by the California Public Utilities Commission (CPUC). The owner or operator of such facility shall provide the community development director with a copy of a current FCC or CPUC permit or a copy of applicable FCC regulations prior to its installation.
10. Minor modifications to existing wireless facilities as determined by the community development director that replace existing equipment in-kind or with smaller or less visible equipment, that meet the standards set forth in this section, and will have little or no change in the visual appearance of the facility.
C. Definitions of Telecommunication Terms.
“Antenna” means any system of wires, poles, rods, reflecting discs, or similar devices used for the transmission or reception of electromagnetic waves when such system is operated or operating from a fixed location.
“Base station” means a structure or equipment at a fixed location that enables FCC-licensed or authorized wireless communications between user equipment and a communications network. The term does not encompass a tower as defined in this subpart or any equipment associated with a tower.
a. The term includes, but is not limited to, equipment associated with wireless communications services such as private, broadcast, and public safety services, as well as unlicensed wireless services and fixed wireless services such as microwave backhaul.
b. The term includes, but is not limited to, radio transceivers, antennas, coaxial or fiber-optic cable, regular and backup power supplies, and comparable equipment, regardless of technological configuration (including distributed antenna systems and small-cell networks).
c. The term includes any structure other than a tower that, at the time the relevant application is filed with the state or local government under this section, supports or houses equipment described in subsections (a) and (b) of this definition that has been reviewed and approved under the applicable zoning or siting process, or under another state or local regulatory review process, even if the structure was not built for the sole or primary purpose of providing such support.
d. The term does not include any structure that, at the time the relevant application is filed with the state or local government under this section, does not support or house equipment described in subsections (a) and (b) of this definition.
“Collocation” means (a) mounting or installing a wireless telecommunication facility on a preexisting structure; and/or (b) modifying a structure for the purpose of mounting or installing a wireless telecommunication facility on that structure. For the purposes of eligible facilities requests, “collocation” means the mounting or installation of transmission equipment on an existing tower or base station.
“Eligible facilities request” means any request for modification of an existing tower or base station that does not substantially change the physical dimensions of such tower or base station, involving:
a. Collocation of new transmission equipment;
b. Removal of transmission equipment; or
c. Replacement of transmission equipment.
“Fixed wireless signal” means any commercial nonbroadcast communications signals transmitted via wireless technology to and/or from a fixed customer location. Fixed wireless signals do not include, among other things, AM radio, FM radio, amateur (“ham”) radio, CB radio, and digital audio radio service (DARS) signals.
“Hub or relay antenna” means any antenna that is used to receive or transmit fixed wireless signals for the distribution of fixed wireless services to multiple customer locations as long as the antenna serves a customer on whose premises it is located but excludes any hub or relay antenna that is used to provide any telecommunication services or services that are provided on a commingled basis with telecommunication services.
“Lattice tower” means a sub-type of tower; a three or more legged structure designed and erected on the ground to support wireless telecommunication antennas and connecting appurtenances.
“Monopole” means a sub-type of tower; a structure of single pole (nonlattice) design and erected on the ground to support wireless telecommunication antennas and connecting appurtenances.
“Satellite dish” or “nonsatellite dish” means a sub-type of antenna incorporating a reflective surface that is solid, open mesh, or bar configured that is shallow dish, cone, horn, or cornucopia shaped and is used to transmit and/or receive electromagnetic signals. This definition is meant to include, but is not limited to, what are commonly referred to as satellite earth stations, TVROs and satellite microwave antennas.
“Small wireless facilities” means facilities that meet each of the following conditions:
a. The facilities:
i. Are mounted on structures fifty (50) feet or less in height including their antennas as defined in this section;
ii. Are mounted on structures no more than ten percent (10%) taller than other adjacent structures; or
iii. Do not extend existing structures on which they are located to a height of more than fifty (50) feet or by more than ten percent (10%), whichever is greater;
b. Each antenna associated with the deployment, excluding associated antenna equipment (as defined in the definition of antenna), is no more than three cubic feet in volume;
c. All other wireless equipment associated with the structure, including the wireless equipment associated with the antenna and any preexisting associated equipment on the structure, is no more than twenty-eight (28) cubic feet in volume;
d. The facilities do not require antenna structure registration under 47 C.F.R. Part 17;
e. The facilities are not located on Tribal lands, as defined under 36 C.F.R. Section 800.16(x); and
f. The facilities do not result in human exposure to radiofrequency radiation in excess of the applicable safety standards specified in 47 C.F.R. Section 1.1307(b).
“Stealth design” means improvements or treatments added to a wireless telecommunication facility which are intended to make the facility look like something other than a wireless tower or base station or to mask or blend the proposed facility into the existing structure or visual backdrop in such a manner as to render it minimally visible to the casual observer.
“Tower” means any structure built for the sole or primary purpose of supporting any FCC-licensed or authorized antennas and their associated facilities, including structures that are constructed for wireless communications services including, but not limited to, private, broadcast, and public safety services, as well as unlicensed wireless services and fixed wireless services such as microwave backhaul, and the associated site.
“Wireless telecommunication facility” or “telecommunication facility” means a facility that transmits and/or receives electromagnetic signals. It includes antennas, microwave dishes, horns and other types of equipment for the transmission or receipt of such signals, equipment, switches, wiring, cabling, power sources, shelters or cabinets associated with an antenna, telecommunication towers or similar structures supporting said equipment, equipment buildings, parking area and other accessory development.
a. “Telecommunication facility—major” means any new stand-alone facility, excluding stand-alone small wireless facilities up to thirty-five (35) feet in height.
b. “Telecommunication facility—minor” means collocations and small wireless facilities up to thirty-five (35) feet in height. If a facility does not meet these criteria then it is considered a major telecommunication facility.
D. Permits Required.
1. Collocation Facilities (Government Code Section 65850.6). Collocation facilities are allowed by right when proposed on a wireless telecommunication collocation facility that was subject to a discretionary permit issued and an environmental impact report was certified, or a negative declaration or mitigated negative declaration was adopted for the wireless telecommunication collocation facility in compliance with the California Environmental Quality Act and the collocation facility incorporates required mitigation measures specified in that environmental impact report, negative declaration, or mitigated negative declaration.
2. Eligible Facilities Request (EFR). For eligible facilities requests, collocation of new transmission equipment, removal of transmission equipment, or the replacement of transmission equipment is allowed by right provided the modification of an existing tower or base station does not substantially change the physical dimensions of such tower or base station.
3. Telecommunication Facility, Major. Nonexempt major telecommunication facilities are permitted subject to conditional use permit.
4. Telecommunication Facility, Minor. Nonexempt minor telecommunication facilities are permitted subject to a minor use permit.
E. Application Requirements and Review Process. The following are the minimum criteria applicable to all telecommunication facilities. In the event that a project is subject to discretionary and/or environmental review, mitigation measures, more restrictive criteria than presented in this chapter, or other conditions of approval may also be necessary. All telecommunication facilities shall comply with:
1. Minimum Application Requirements. The community development director shall establish and maintain a list of information that must accompany every application for the approval of a telecommunication facility. Requirements are found on the telecommunication facility application on file with the community development department.
2. Expert Review. The community development director is explicitly authorized to employ on behalf of the city an independent technical expert to review any technical materials submitted including, but not limited to, those required under this section and in those cases where a technical demonstration of feasibility or unavailability of alternatives is required. The applicant shall pay all the costs of said review, including any administrative costs incurred by the city. Any proprietary information disclosed to the city or the expert hired shall remain confidential and shall not be disclosed to any third party.
3. Approval Authority.
a. Major Telecommunication Facilities. The planning commission shall be the hearing authority for major telecommunication facilities. All major telecommunication facilities require a public hearing.
b. Minor Telecommunication Facilities. Minor telecommunication facilities may be approved by the community development director through a minor use permit application. The community development director may refer an application for a minor telecommunication facility to the planning commission in his or her discretion based on comments received in response to public notice.
c. Collocation Facilities Requests and Eligible Facilities Requests, in Compliance With Subsections (D)(1) and (D)(2) of This Section. Collocation facilities requests and eligible facilities requests may be approved by the community development director through a minor use permit application.
4. Public Notice. In addition to the public notice required under Division II of this title, the following special noticing shall be provided:
a. Notice of a public hearing on a conditional use permit application under this section shall be provided to the operators of all telecommunication facilities within one mile of the subject parcel via mailing of the standard legal notice.
b. Notice of any application for a telecommunication facility shall be mailed to all adjacent property owners within three hundred (300) feet. The notice shall include the date by which public comments regarding the application shall be submitted for consideration and the date of the scheduled public hearing or date that the community development director shall make a determination on the application.
5. Required Findings.
a. General Findings. In approving any telecommunication facility except for a collocation facility request or an eligible facilities request, the approval authority shall make the following findings:
i. The proposed use conforms with the specific purposes of this section and any special standards applicable to the proposed facility;
ii. The applicant has made good faith and reasonable efforts to locate the proposed facility on a support structure other than a new ground-mounted antenna or to accomplish collocation;
iii. The proposed site results in fewer or less severe environmental impacts than any feasible alternative site; and
iv. The proposed facility uses a stealth design.
b. Additional Findings for a Major Facility. To approve a major telecommunication facility, the approval authority shall find that a minor telecommunication facility is not feasible because of technical, aesthetic, or legal consideration including that such siting:
i. Would have more significant adverse effects on views or other environmental considerations;
ii. Is not permitted by the property owner;
iii. Would impair the quality of service to the existing facility; or
iv. Would require existing facilities at the same location to go offline for a significant period of time.
c. Findings for Collocation Facilities Requests. The proposed collocation facility meets the requirements of subsection (D)(1) of this section.
d. Findings for Eligible Facilities Requests.
i. The proposed collocation or modification meets each and every one of the applicable criteria for an eligible facilities request stated in 47 C.F.R. Section 1.6100(b)(3) through (b)(9), or any successor provisions, after application of the definitions in 47 C.F.R. Section 1.6100(b). The approval authority shall make an express finding for each criterion;
ii. The proposed facility complies with conditions associated with the siting approval of the construction or modification of the eligible support structure or base station equipment, except to the extent preempted by 47 C.F.R. Section 1.6100(b)(7)(i) through (b)(7)(iv), or any successor provisions; and
iii. That the proposed facility will comply with all generally applicable laws.
e. Additional Findings for Setback Reductions. Except for a collocation facility request or an eligible facilities request, to approve a reduction in setback, the approval authority shall make one or more of the following findings:
i. The facility will be collocated onto or clustered with an existing, legally established telecommunication facility; and/or
ii. The reduced setback enables further mitigation of adverse visual and other environmental impacts than would otherwise be possible.
f. Additional Findings for Any Other Exception to Standards. The planning commission may waive or modify requirements of this section upon finding that strict compliance would result in noncompliance with applicable federal or state law. Requirements may be waived or modified only to the minimum extent required to avoid the noncompliance. An applicant seeking an exception must provide all supporting evidence for the request at the time of application submittal.
6. Conditional Use Permit Conditions of Approval. In addition to compliance with the requirements of this chapter, all facilities shall be subject to each of the following conditions of approval, as well as any modification of these conditions or additional conditions of approval deemed necessary by the approval authority:
a. The conditional use permit expires ten (10) years from approval and must be renewed in order to continue the use.
b. The permittee shall not place any facilities that will deny access to, or otherwise interfere with, any public utility, easement, or right-of-way located on the site. The permittee shall allow the city reasonable access to, and maintenance of, all utilities and existing public improvements within or adjacent to the site, including, but not limited to, pavement, trees, public utilities, lighting and public signage.
c. At all times, all required notices and signs shall be posted on the site as required by the FCC and CPUC, and as approved by the city. The location and dimensions of a sign bearing the emergency contact name and telephone number shall be posted pursuant to the approved plans.
d. At all times, the permittee shall ensure that the facility complies with the most current regulatory and operational standards, including, but not limited to, radio frequency emissions standards adopted by the FCC.
e. The permittee and owner of any site on which a telecommunication facility is located shall cooperate and exercise good faith in collocating telecommunication facilities on the same support structures or site. Good faith shall include sharing technical information to evaluate the feasibility of collocation and may include negotiations for erection of a replacement support structure to accommodate collocation. A competitive conflict to collocation or financial burden caused by sharing information normally will not be considered as an excuse to the duty of good faith.
i. No collocation may be required where it can be shown that the shared use would or does result in significant interference in the broadcast or reception capabilities of the existing telecommunication facilities or failure of the existing facilities to meet federal standards for emissions.
ii. Failure to comply with collocation requirements when feasible or cooperate in good faith as provided for in this section is grounds for denial of a permit request or revocation of an existing permit.
f. Within one month after construction of the wireless communications facility, the permittee shall verify compliance with FCC radio frequency emissions standards. The verification shall be submitted to the community development director. If at any time while the permit is in effect the community development director determines there is good cause to believe that the facility may emit RF emissions that are likely to exceed FCC standards, the community development director may require the permittee to submit a report described by this section. Failure to comply with this section shall be grounds for revocation of the conditional use permit.
g. Within sixty (60) calendar days after the applicant commences full, unattended operations of the permitted facility, the applicant shall provide the community development director with documentation that the permitted facility has been installed and/or constructed in compliance with the approved construction drawings and photo simulations and a technically sufficient written report by a qualified radio frequency emissions engineer certifying that the facility is in compliance with the radio frequency emissions guidelines or standards of the FCC.
7. Conditions of Approval for Collocation Facilities Requests. In addition to compliance with the requirements of this chapter, all facilities shall be subject to each of the following conditions of approval, as well as any modification of these conditions or additional conditions of approval deemed necessary by the approval authority:
a. Permit Subject to Conditions of Underlying Permit. Any permit granted in response to an application qualifying as a collocation facility request shall be subject to the terms and conditions of the underlying permit.
b. No Permit Term Extension. The city’s grant or grant by operation of law of a collocation facility permit will not extend the permit term for the underlying wireless telecommunication collocation facility permit or any other underlying regulatory approval, and its term shall be coterminous with the underlying permit or other regulatory approval for the subject wireless telecommunication collocation facility.
8. Eligible Facilities Requests Conditions of Approval. In addition to compliance with the requirements of this chapter, all facilities shall be subject to each of the following conditions of approval, as well as any modification of these conditions or additional conditions of approval deemed necessary by the approval authority:
a. Permit Subject to Conditions of Underlying Permit. Any permit granted in response to an application qualifying as an eligible facilities request shall be subject to the terms and conditions of the underlying permit.
b. No Permit Term Extension. The city’s grant or grant by operation of law of an eligible facilities request permit constitutes a federally mandated modification to the underlying permit or approval for the subject tower or base station. Notwithstanding any permit duration established in another permit condition, the city’s grant or grant by operation of law of an eligible facilities request permit will not extend the permit term for the underlying permit or any other underlying regulatory approval, and its term shall be coterminous with the underlying permit or other regulatory approval for the subject tower or base station.
9. Life of Approvals.
a. A conditional use permit that is issued pursuant to this section authorizing establishment of a telecommunication facility must be renewed every ten (10) years through the approval process specified in Section 17.05.020, Conditional use permit (CUP). The grounds for nonrenewal shall be limited to a showing that one or more of the situations listed below exist:
i. The use involved is no longer allowed in the applicable zoning district;
ii. The facility fails to comply with the relevant requirements of this section as they exist at the time of renewal and the permittee has failed to supply assurances acceptable to the community development director that the facility will be brought into compliance within one hundred twenty (120) days; and
iii. The permittee has failed to comply with the conditions of approval imposed.
b. The grounds for appeal of issuance of a renewal shall be limited to a showing that one or more of the situations listed above does in fact exist or that the notice required under subsection (E)(4) of this section was not provided.
10. Standard Agreement Required.
a. The property owner(s) and the permittee shall enter into a performance and maintenance agreement with the city. The terms of the agreement shall:
i. Ensure compliance with this chapter and all applicable conditions of approval;
ii. Require the facility to be appropriately maintained;
iii. Ensure new landscaping is installed and existing landscaping is maintained, preserved and protected, as indicated on the plans; and
iv. Require the property owners to defend, indemnify, and hold harmless the city.
b. The agreement shall be signed and notarized and submitted to the community development department when located on private property. The agreement shall run with the property to ensure that future property owner(s) are aware of the requirement for ongoing maintenance of the existing and approved landscaping.
F. Design and Location Standards. Telecommunication facilities shall be located, developed, and operated in compliance with all of the following standards and with applicable standards of the zoning district in which they are located.
1. Location and Siting.
a. No new freestanding facility, including a tower, shall be located within one thousand (1,000) feet of another freestanding facility, unless mounting on an existing building or existing pole or tower is not feasible.
b. All wireless telecommunication facilities shall meet the building setback standards of the district in which they are to be located unless findings for a setback reduction are made in accordance with subsection (E)(5)(e) of this section.
c. Major telecommunication facilities are not permitted in the LR, MR, and HR zoning districts.
d. Major and minor telecommunication facilities are not permitted on properties within the Historic Preservation Overlay district.
2. Support Structures. Support structures for telecommunication facilities may be any of the following subject to owner approval:
a. An existing nonresidential building.
b. An existing structure other than a building, including, but not limited to, light poles, electric utility poles, water towers, smokestacks, billboards, lattice towers, and flag poles. This term includes an electric utility pole erected to replace an existing electric utility pole, if the replacement pole will serve both electric and wireless communications functions, and if the replacement pole is substantially equivalent to the predecessor pole in placement, height, diameter and profile.
c. An alternative tower structure such as a clock tower, steeple, functioning security light pole, functioning recreational light pole, or any similar alternative-design support structure that conceals or camouflages the telecommunication facility to achieve a stealth design. The term “functioning” as used herein means the light pole serves a useful and appropriate lighting function as well as a wireless communications function.
d. Existing publicly owned and operated tower exceeding the maximum height limit.
e. A single pole (monopole) sunk into the ground and/or attached to a foundation. Any new monopole shall be constructed to allow for collocation of at least one other similar communications provider.
3. Height Limitations.
a. Freestanding Wireless Telecommunication Facility. A freestanding wireless telecommunication facility shall not exceed a height of fifteen (15) feet above the height limit of the district in which it is located.
b. Building—Mounted Facilities. Building-mounted telecommunication facilities shall not exceed a height of fifteen (15) feet above the height limit of the district or fifteen (15) feet above the existing height of a legally established building, whichever is lower, measured from the top of the facility to the highest point of attachment to the building.
c. Facilities Mounted on Structures. Telecommunication facilities mounted on an existing structure shall not exceed the height of the existing structure unless camouflaged as part of the structure design, except antennas may extend up to fifteen (15) feet above the height of an electric utility pole.
d. Facilities Mounted on Light Poles. A functioning security light pole or functioning recreational light pole shall have a height consistent with existing poles in the surrounding area or height usually allowed for such light poles.
e. Height Determination. A telecommunication tower shall be measured from the natural undisturbed ground surface below the center of the base of the tower to the top of the tower itself or, if higher, to the tip of the highest antenna or piece of equipment attached thereto. In the case of building-mounted towers, the height of the tower includes the height of the portion of the building on which it is mounted and to the tip of the highest antenna or piece of equipment attached thereto. In the case of “crank-up” or other similar towers whose height can be adjusted, the height of the tower shall be the maximum height to which it can be raised including any antenna or other equipment attached thereto.
4. Design and Screening. All telecommunication facility structures and equipment shall be located, designed and screened to blend with the existing natural or built surroundings, as well as any existing support structures, so as to reduce visual impacts.
a. Minimum Functional Height. All freestanding wireless telecommunication facilities shall be designed to be the minimum functional height and width required to support the proposed antenna installation, unless it can be demonstrated that a higher facility will facilitate collocation.
b. Stealth Design. State of the art stealth design technology shall be utilized as appropriate to the site and type of facility. Telecommunication facilities that are mounted on buildings or structures shall be designed to match existing architectural features, incorporated in building design elements, camouflaged, or otherwise screened to achieve a stealth design in a manner that is compatible with the architectural design of the building or structure. All finishes shall be nonreflective.
c. Equipment Cabinets. Equipment cabinets shall be located within the building upon which antennas are placed, if technically feasible. Otherwise, equipment cabinets and buildings, and associated equipment such as air conditioning units and emergency generators, shall be screened from view by a wall or landscaping, as approved by the city. Any wall shall be architecturally compatible with the building or immediate surrounding area.
d. Vegetation Protection and Facility Screening. All telecommunication facilities shall be installed in such a manner so as to maintain and enhance existing native vegetation and to install suitable landscaping to screen the facility where necessary. To this end the following measures shall be implemented:
i. Existing trees and other vegetation in the vicinity of the facility and along the access roads and power/telecommunication line routes involved shall be protected from damage, both during the construction period and thereafter.
ii. Where mature trees exist near the construction site, a tree protection plan shall be submitted with building permit or improvement plan submittal. This plan shall be prepared by a certified arborist and give specific measures to protect trees during project construction.
iii. No actions shall be taken subsequent to project completion with respect to the vegetation present that would increase the visibility of the facility itself or the access road and power/telecommunication lines serving it.
e. Lighting. Artificial lighting of a telecommunication facility, including its components, is prohibited, unless required by the Federal Aviation Administration. A motion-sensor light may be used for security purposes if the beam is directed downwards, shielded from adjacent properties, and kept off except when personnel are present at night.
f. Advertising. No advertising shall be placed on telecommunication facilities, equipment cabinets, or associated structures.
g. Collocation of Additional Wireless Facilities on an Approved Major Telecommunication Facility.
i. All facilities shall make available unused space for collocation of other telecommunication facilities, including space for those entities providing similar, competing services. Collocation is not required if the host facility can demonstrate that the addition of the new service or facilities would impair existing service or cause the host to go offline for a significant period of time. In the event a dispute arises as to whether a permittee has exercised good faith in accommodating other users, the city may require the applicant to obtain a third-party technical study at applicant’s expense. The city may review any information submitted by applicant and permittee(s) in determining whether good faith has been exercised.
ii. All collocated and multiple-user telecommunication facilities shall be designed to promote facility and site sharing. Telecommunication towers and necessary appurtenances, including but not limited to parking areas, access roads, utilities and equipment buildings, shall be shared by site users whenever possible.
5. Security Features. All facilities shall be designed to minimize opportunities for unauthorized access, climbing, vandalism, graffiti, and other conditions that would result in hazardous conditions, visual blight, or attractive nuisances.
a. Fencing. Security fencing, if any, shall not exceed the fence height limit of the base district. Fencing shall be effectively screened from view through the use of landscaping. No chain link fences shall be visible from public view.
b. Maintenance. The permittee shall be responsible for maintaining the site and facilities free from graffiti.
6. Roads and Parking. All telecommunication facilities shall be served by the minimum roads and parking areas necessary. To this end, existing roads shall be used for access whenever possible, and be upgraded the minimum amount necessary to meet standards specified by the fire chief and city engineer.
7. Radio Frequency Emissions Standards, Interference, and Noise.
a. Radio Frequency. Telecommunication facilities shall comply with federal standards for radio frequency emissions and interference. Failure to meet federal standards may result in termination or modification of the permit.
b. Interference. Telecommunication facilities shall not interfere with public safety radio communications.
c. Noise. Telecommunication facilities and any related equipment, including backup generators and air conditioning units, shall not generate continuous noise in excess of forty (40) decibels (dBa) measured at the property line of any adjacent residential property, and shall not generate continuous noise in excess of fifty (50) dBa during the hours of seven a.m. to ten p.m. and forty (40) dBa during the hours of ten p.m. to seven a.m. measured at the property line of any nonresidential adjacent property. Backup generators shall only be operated during power outages and for testing and maintenance purposes. Testing and maintenance shall only take place on weekdays between the hours of eight a.m. and five p.m.
8. Fire Prevention. All telecommunication facilities shall be designed and operated in a manner that will minimize the risk of igniting a fire or intensifying one that otherwise occurs.
a. At least one-hour fire resistant interior surfaces shall be used in the construction of all buildings.
b. The exterior walls and roof covering of all above-ground equipment shelters and cabinets shall be constructed of materials rated as nonflammable in the building code.
c. Monitored automatic fire extinguishing systems shall be installed in all equipment buildings and enclosures.
d. Openings in all above-ground equipment shelters and cabinets shall be protected against penetration by fire and wind-blown embers to the extent feasible.
G. Vacation and Removal of Facilities. The service provider shall notify the community development director of the intent to vacate a site at least thirty (30) days prior to the vacation. The operator of a telecommunication facility shall remove all unused or abandoned equipment, antennas, poles, or towers within sixty (60) days of discontinuation of the use and the site shall be restored to its original, preconstruction condition. (Ord. 23-4 § 5 (Exh. A))
District Regulations
This chapter establishes the zoning districts that are applied to property within the city. These zoning districts, or zones, ensure conformity with the general plan and determine where, how, and under what conditions new or modified development is allowed. The application of zoning districts to private property is guided by, and shall be consistent with, the general plan pursuant to Section 17.01.050, Relationship to the general plan.
A. Purpose. This section is intended to safeguard the historic and architectural character of St. Helena by recognizing and preserving significant historic and cultural resources in the Historic Preservation (HP) Overlay district. It establishes design standards for the preservation and rehabilitation of historically and culturally significant resources as well as standards to ensure new development in the Historic Preservation Overlay zone is architecturally compatible.
B. Applicability. The provisions of this section apply to parcels included in the Historic Preservation (HP) Overlay map on file with the city, including those properties on the city’s historic resources list (local register), properties designated as a local historic district, and properties designated as a historic resource.
A. Purpose. It is recognized that the operation of the adult entertainment facilities specific in this section are among those certain land uses which, because of their nature, may have serious operational characteristics and deleterious effects upon their surroundings, as a result of their location and concentration within the city. Special regulations pertaining to these uses are necessary to ensure that these adverse effects will not contribute to the blighting or downgrading of the surrounding neighborhood nor otherwise adversely affect the public health, safety, morals, comfort, convenience, and general welfare. More specifically, it is recognized that development and proliferation without regulation as to location and concentration may result in the deterioration of residential and business neighborhoods, the attraction of large numbers of transients, an increase in crime, and, in the case of placement near schools and other youth-related facilities, an adverse effect upon the welfare and morals of minors residing within the city.
B. Location of Adult Entertainment Facilities. The following provisions apply to the location of adult entertainment facilities:
This chapter establishes the zoning districts that are applied to property within the city. These zoning districts, or zones, ensure conformity with the general plan and determine where, how, and under what conditions new or modified development is allowed. The application of zoning districts to private property is guided by, and shall be consistent with, the general plan pursuant to Section 17.01.050, Relationship to the general plan. (Ord. 23-4 § 5 (Exh. A))
The city shall be classified into districts or zones, the designation and regulation of which are set forth in this title as provided in Table 17.15.020(A): Base Zoning Districts.
Table 17.15.020(A). Base Zoning Districts
Abbreviation | Name |
|---|---|
LR-1A | Low Density Residential One-Acre Minimum |
LR | Low Density Residential |
MR | Medium Density Residential |
HR | High Density Residential |
CB | Central Business |
SC | Service Commercial |
MU | Mixed-Use |
BPO | Business and Professional Office |
I | Industrial |
A-20 | Twenty-Acre Agriculture |
W | Winery |
WW | Woodlands and Watershed |
PQP | |
PR | Parks and Recreation |
OS | Open Space |
(Ord. 23-4 § 5 (Exh. A))
This chapter regulates the development of residential dwellings that are suitable to the character of St. Helena’s residential neighborhoods. This chapter establishes use regulations, development standards, and design standards for the Low Density One-Acre Minimum, Low Density Residential, Medium Density Residential, and High Density Residential zoning districts as follows:
Low Density Residential One-Acre Minimum (LR-1A). The LR-1A zone provides for single-family detached homes, accessory dwelling units, limited agricultural uses, and compatible uses. Residential densities in the LR-1A zone shall not exceed one unit per gross acre, except that greater density is allowed under state law if a site meets the standards for two-unit project in Chapter 17.31, Two-Unit Projects. This zone implements the low density residential general plan land use designation.
Low Density Residential (LR). The LR zone is intended to provide areas for single-unit dwellings and duplexes. Residential densities are from one to five units per gross acre. This zone implements the low density residential general plan land use designation.
Medium Density Residential (MR). The MR zone is intended to protect existing patterns of development for a range of residential development types, accessory dwelling units, and compatible uses in areas. Types of dwelling units include attached and detached single-unit dwellings, duplexes, and triplexes. Residential densities are from 5.1 to sixteen (16) dwelling units per acre. This zone implements the medium density residential general plan land use designation.
High Density Residential (HR). The HR zone is intended to provide for multifamily residential units, group quarters and compatible uses. Residential densities are from 16.1 to twenty-eight (28) dwelling units per acre. This zone implements the high density residential general plan land use designation. (Ord. 23-4 § 5 (Exh. A))
Table 17.16.020(A): Use Regulations—Residential Zoning Districts, lists the uses permitted (“P”), permitted with a minor use permit (“MUP”) granted by staff-level review, and permitted with a conditional use permit (“CUP”) granted at a public hearing. A conditional use permit is also required for any business which consists of two or more permitted uses. The right-hand column provides references to other sections of this title where additional regulations are located. Any projects that qualify for ministerial approval under state law will be processed ministerially as required by that state law.
Table 17.16.020(A). Use Regulations—Residential Zoning Districts
Use Classification | LR-1A | LR | MR | HR | Additional Regulations |
|---|---|---|---|---|---|
“P” = Permitted; “MUP” = Minor Use Permit; “CUP” = Conditional Use Permit; “—” = Use Not Allowed | |||||
Residential Uses | |||||
P | P | P | — | ||
— | — | P | P | ||
— | — | — | P | Sec. 17.22.210, Single-room occupancy units | |
— | CUP1 | CUP1 | CUP1 | ||
CUP | CUP | CUP | CUP | Sec. 17.22.160, Mobile homes, and Sec. 17.21.020, Mobile home park overlay | |
Commercial Uses | |||||
CUP | CUP | CUP | — | ||
— | CUP | CUP | CUP | ||
P | P | P | P | Sec. 17.22.200, Short-term rentals | |
MUP | MUP | MUP | MUP | ||
Transportation, Communications and Utilities | |||||
— | CUP | CUP | CUP | ||
MUP | MUP | MUP | MUP | ||
Telecommunication facilities | Sec. 17.22.270, Wireless telecommunication facilities | ||||
Agricultural and Extractive | |||||
P | P | P | MUP | Sec. 17.22.100, Community gardens | |
Public/Institutional Uses | |||||
Seven or more persons | P | P | MUP | MUP | |
Six or fewer persons | P | P | P | P | |
Accessory Uses—See also Sec. 17.22.020, Accessory uses | |||||
P | P | P | P | Sec. 17.22.060, Animal keeping | |
P | P | P | P | Sec. 17.22.070, Beekeeping | |
P | P | P | P | ||
P | P | P | P | ||
P | P | P | P | ||
Garage, carport, workshop, pool house, gazebo, patio cover, and other accessory structure | P2 | P2 | P2 | P2 | Sec. 17.24.020, Accessory buildings and structures |
P | P | P | P | Sec. 17.22.130, Home occupations | |
P | P | P | P | ||
End Notes:
1A CUP is not required for new development on an existing small lot.
2Indoor cooking facilities are not permitted. Indoor plumbing for toilets, showers, or pool equipment is allowed in pool houses or similar accessory buildings.
(Ord. 23-4 § 5 (Exh. A))
Table 17.16.030(B): Development Standards—Residential Zoning Districts, establishes the development standards for the residential zoning districts. The numbers in the figure below refer to corresponding regulations in the table.

Table 17.16.030(B). Development Standards—Residential Zoning Districts
Standard | LR-1A | LR | MR | HR | Key |
|---|---|---|---|---|---|
1 to 5 du/ac 2 | 5.1 to 16 du/ac | 16.1—28 du/ac | |||
Lot Size | |||||
Min. Lot Area | 1.0 ac 3 | 7,000 sq ft | 6,000 sq ft | 7,000 sq ft | |
3,000 sq ft for new small lot development | 3,000 sq ft for new small lot development | 3,000 sq ft for new small lot development | |||
Min. Lot Width | 70 ft | 70 ft | 45 ft | 45 ft | ❶ |
32 ft for small lot development | 32 ft for small lot development | ||||
Max. Lot Coverage (Includes Accessory Structures) | 35% | 35% | Lot widths <45 ft: Max. 35% | 55% | |
Lot widths >45 ft: Max. 40% | |||||
55% for new small lot development | |||||
Max. Primary Building Footprint (Excludes Accessory Structures) | None | Refer to Table 17.16.030(C) | None | None | ❷ |
1,400 sq ft for detached small lot detached | |||||
Max. Building Gross Floor Area (All Floors) 5 | Refer to Table 17.16.030(C) for lots <1 acre | Refer to Table 17.16.030(C) | Refer to End Note 4 | None | |
Max. 6,069 sq ft for lots >1 ac in area | |||||
Principal Structure | 30 ft | 30 ft/2 stories | 30 ft/2 stories | 42 ft/3 stories | |
Ground floor max. ceiling height 15 ft | 30 ft/2 stories for small lot development | ||||
16 ft | 16 ft | 16 ft | 16 ft | ||
Min. Front Setback | 20 ft for structures <25 ft in height | 20 ft for structures <25 ft in height | 20 ft | 15 ft; 25 ft for 3rd floor and above | ❸ |
30 ft for structures >25 ft in height | 30 ft for structures >25 ft in height | 12 feet for small lot development | 10 ft for small lot development | ||
Min. Garage or Carport Setback From Building Facade | None | None | 5 ft | None | ❹ |
Min. Street Side Setback | 20 ft for structures <25 ft in height | 20 ft for structures <25 ft in height | 15 ft for structures <25 ft in height | 15 ft | ❺ |
30 ft for structures >25 ft in height | 30 ft for structures >25 ft in height | 20 ft for structures >25 ft in height | |||
Min. Interior Side Setback, Ground Floor | 10 ft for structures <25 ft in height | 10 ft for structures <25 ft in height | 10 ft | ❻ | |
15 ft for structures >25 ft in height | 15 ft for structures >25 ft in height | Combined interior side setbacks: 15 ft for structures <25 ft in height | |||
Combined interior side setbacks: 20 ft for structures >25 ft in height | |||||
Min. Interior Side Setback, Upper Floors | 5 ft for structures <25 ft in height | 5 ft for structures <25 ft in height | None | ❻ | |
9 ft for structures >25 ft in height | 9 ft for structures >25 ft in height | ||||
Min. Rear Setback | 20 ft for structures <25 ft in height | 20 ft for structures <25 ft in height | 20 ft for structures <25 ft in height | 10 ft | ❼ |
30 ft for structures >25 ft in height | 30 ft for structures >25 ft in height | 30 ft for structures >25 ft in height | |||
Min. 50 ft from top of bank of Napa River | ❽ | ||||
Min. 20 ft from top of bank of all other waterways | |||||
Landscaping and Open Space | |||||
Private Ground Floor Open Space for Multifamily Development | n/a | n/a | Min. 80 sq ft/unit | Min. 60 sq ft/unit | |
Min. Dimension for Private Open Space for Multifamily Development | n/a | n/a | 6 ft | 6 ft | |
Common Usable Open Space for Multifamily Development | n/a | n/a | Lot widths <45 ft: Min. 150 sq ft/lot | Min. 150 sq ft/lot | ❾ |
Lot widths >45 ft: Min. 200 sq ft/lot | |||||
Min. Dimension for Common Usable Open Space | n/a | n/a | 15 ft | 15 ft | ❿ |
20 ft for small lot development | 20 ft for small lot development | ||||
Max. Paved/Hardscaped Area | 25% of a front setback area | 25% of a front setback area | 30% of a front setback area | 30% of a front setback area | |
Min. Landscaped Area 7 | 35% of lot area | 35% of lot area | Min. 25% of lot area | Min. 25% of lot area | |
25% for small lot development | 25% for small lot development | ||||
Required Buffer Abutting Agricultural Use | n/a | A landscaped buffer min. 15 ft width with street trees at 30 ft on center | |||
End Notes:
1Greater residential densities are allowed under state law if a site meets the standards for two-unit development as described in Chapter 17.31, Two-Unit Projects.
2Densities existing as of January 1, 2023, are permitted to remain.
3Parcels created by lot line adjustments may be less than one acre provided the number of parcels does not increase and that no lots are less than seven thousand (7,000) square feet.
4Max. building gross floor area (all floors) for single-family residences including accessory structures is as follows:
Lots < 6,000 sf: 1,995 sf
Lots 6,000—9,999 sf: 2,945 sf
Lots 10,000—14,999 sf: 3,705 sf
Lots 15,000—19,999 sf: 3,971 sf
Lots > 20,000 sf: 4,000 sf
5The following additional standards apply for existing development and new construction in the LR-1A, LR, MR, and HR zoning districts:
a. The max. building gross floor area may be increased by four hundred (400) sf for construction of an ADU.
b. The following buildings and areas are exempt from max. building gross floor area:
i. One covered parking space with a max. floor area of two hundred (200) sf;
ii. Nonhabitable accessory buildings with a max. floor area of one hundred twenty (120) sf;
iii. A nonhabitable basement or attic; and
iv. A balcony, porch, deck, or other structure that is unenclosed on at least three sides.
6Additional standards for accessory buildings are described in Section 17.22.020, Accessory uses.
7Landscaped setback and buffer areas count toward this requirement.
Table 17.16.030(C): Primary Building Gross Floor Area Standards in the LR-1A and LR Zoning Districts, establishes the maximum building footprint for primary buildings, excluding accessory structures.
Table 17.16.030(C). Primary Building Gross Floor Area Standards in the LR-1A and LR Zoning Districts
LR-1A Zoning District | ||||
|---|---|---|---|---|
Lot Size | Max. Gross Floor Area (excludes accessory structures) | Lot Size | Max. Gross Floor Area (excludes accessory structures) | |
> 7,000—14,999 sq ft | 3,900 sq ft | < 7,000 sq ft | 2,400 sq ft | |
> 15,000—21,999 sq ft | 4,425 sq ft | > 7,000—7,999 sq ft | 2,400 sq ft | |
> 22,000—28,999 sq ft | 4,950 sq ft | > 8,000—8,999 sq ft | 2,700 sq ft | |
> 29,000—35,999 sq ft | 5,475 sq ft | > 9,000—9,999 sq ft | 2,950 sq ft | |
> 36,000—43,559 sq ft | 6,000 sq ft | > 10,000—10,999 sq ft | 3,300 sq ft | |
> 11,000—11,999 sq ft | 3,480 sq ft | |||
> 12,000—12,999 sq ft | 3,640 sq ft | |||
> 13,000—13,999 sq ft | 3,780 sq ft | |||
> 14,000—14,999 sq ft | 3,900 sq ft | |||
> 15,000 sq ft | 3,900 sq ft | |||
(Ord. 23-4 § 5 (Exh. A))
The standards in this section apply to all development within the residential zones. These design standards supplement the development standards of Table 17.16.030(B): Development Standards—Residential Zoning Districts.
A. Design Standards for All Residential Development Types.
1. General Standards. All development is subject to the provisions of Division IV of this title, Citywide Standards. Also refer to subsection B of this section, Design Standards Specific to Small Lot Development, and subsection C of this section, Design Standards Specific to Multifamily Development.
2. Required Second Story Step-backs in the LR and MR Districts. Second stories for new single-family residences, for both new construction and additions, must be stepped back eight feet from the ground floor front facade, unless the front elevation has a porch a minimum of six feet deep that extends eighty percent (80%) or more of the width of the front elevation, excluding a garage. Also refer to the minimum interior side setback standard for upper floors in Table 17.16.030(B), Development Standards—Residential Zoning Districts.
3. Building Orientation.
a. Building entrances must be oriented toward public rights-of-way or internal walkways.
b. Windows, balconies, and decks must be a placed a minimum of twelve (12) feet measured horizontally from the windows of existing residences (on site or off site).
4. Wall Planes. Building offsets, roof overhangs, bay windows, the use of a variety of materials, and other features as determined by the community development director, shall be used to reduce building massing. The following requirements apply to walls facing a sidewalk, pedestrian walkway, or publicly accessible outdoor space:
a. Unbroken wall planes of twelve (12) feet or more in width are prohibited;
b. Any wall plane on the front facade larger than ten (10) feet in width shall incorporate windows, doors, or other openings; be articulated (i.e., break up the wall plane); or incorporate design features such as bay windows, balconies or verandas, or a change in material or color;
c. On corner lots, elevations oriented towards both street frontages shall include the same architectural design character on each elevation; and
d. In the MR district, the front door of any primary single-family unit must be visible to the public street.
5. Exterior Building Materials.
a. Building materials that support and enhance the architectural vernacular of the city must be used in all new developments. There are many materials that may be used to achieve this goal, including plaster or stucco, brick, native or artificial stone finishes, form board concrete finishes, board and batten siding, and horizontal siding (except as provided in subsection (A)(5)(c) of this section).
b. In addition, corrugated metal may be used as a roof material in all zoning districts, and as a siding material in the A-20, MR, and HR zoning districts.
c. Specifically prohibited materials include unplastered, unpainted, or painted concrete block, and vinyl or aluminum siding.
d. The palette of materials and colors on a building must be applied to all sides of the building.
6. Landscaping. The entire front and street side required setbacks, exclusive of permitted driveways, walkways, or parking areas, must be landscaped with drought tolerant plant materials in compliance with Chapter 17.25, Landscaping.
7. Site Circulation and Access.
a. A system of pedestrian walkways must connect the primary entryways of all on-site buildings, all on-site automobile and bicycle parking areas, to any on-site open space areas or pedestrian amenities, to all shared trash enclosure areas, and to the public sidewalk on the perimeter street frontage.
b. Where a required walkway crosses parking areas or loading areas, it must be clearly identifiable with a raised crosswalk, a different paving material, or similar method.
c. New streets or drive aisles must form a continuous pedestrian network from the primary right-of-way and within the development.
d. Walkways must be a minimum of four feet wide, must be hard-surfaced, and paved with concrete, stone, tile, brick, or comparable material.
e. The minimum distance from the back of any drive aisle or walkway interior to a site must be ten (10) feet to the garage door and five feet to any living area or covered porch.
Figure 17.16.040(A). Distance to Interior Drive Aisle or Walkway

f. Automobile and pedestrian access points into multifamily residential developments must not be gated or closed off to the public.
g. Where individual driveways are accessed by a private or shared drive, a maximum of one driveway curb cut is allowed for each fifty (50) feet of street frontage.
8. Parking Frontage. The total width of parking areas visible from the street, including open parking, carports, and garages, but excluding parking located behind buildings, must not exceed thirty percent (30%) of any street frontage. This limitation does not apply to irregular or pie-shaped lots where the lot width measured at the property line is narrower than the rear lot width, rowhouses, or frontages along alleys.
Figure 17.16.040(B). Parking Frontage

9. Private Ground Floor Outdoor Open Space. For multistory dwelling units, private ground floor outdoor open space must be provided by a combination of porches, decks, patios, or private open space such as garden areas. Refer to Table 17.16.030(B): Development Standards—Residential Zoning Districts.
10. Required Play Areas. Multifamily developments that include fifteen (15) or more dwelling units must include at least one play area for children. The play area must:
a. Have a minimum dimension of fifteen (15) feet in any direction and a minimum area of six hundred (600) square feet.
b. Contain play equipment, including equipment designed for children aged five years and younger.
c. Be visible from multiple dwelling units within the project.
d. Be protected from any adjacent streets or parking lots with a fence or other barrier at least four feet in height.
e. Include safe material under play equipment that provides protection from falls.
f. The play area requirement does not apply to any development that is age-restricted to senior citizens or located within three hundred (300) feet of a public park.
Figure 17.16.040(C). Required Play Area

B. Design Standards Specific to Small Lot Development. In addition to the standards listed in subsection A of this section, small lot development is subject to the standards below:
1. Small Lot Size. Detached or attached single-unit residential development is permitted on lots less than the minimum lot size established for zoning districts allowing single-family or multifamily residential uses, in accordance with Table 17.16.030(B): Development Standards—Residential Zoning Districts.
2. Small Lot Configurations. Small lot development types may include but are not limited to drive courts or cottage courts abutting a local roadway. Figures 17.16.040(D) and 17.16.040(E) show potential configurations of small lot development within a perimeter lot line. Interior lot line placement varies by development and is not regulated by this title.
Figure 17.16.040(D). Cottage Court With Alley Access (Example Configuration)

Figure 17.16.040(E). Cottage Court With Perimeter Drive Aisle and Detached or Attached Garages (Example Configuration)

3. Small Lot Perimeter Setbacks. The minimum setbacks for the primary structures from the perimeter property lines of small lot single unit development are the same as the required setbacks of the underlying zoning district.
4. Small Lot Entrances.
a. The primary entry of units located in the interior of the development must be oriented towards and visible from a pedestrian pathway that is connected to a public right-of-way or private street.
b. Each unit must have a primary covered or recessed entry that is oriented to the common central open space.
c. The primary entry of units located along the right-of-way must be oriented toward the right-of-way.
d. A minimum twelve (12) foot separation is required between the primary entryway of a unit and the adjacent building wall of a neighboring unit.
e. Each primary entrance must incorporate a front porch that provides a minimum five-foot clear depth and that faces either the common open space or abutting right-of-way.
Figure 17.16.040(F). Small Lot Entrance Orientation Adjacent to Right-of-Way

5. Small Lot Interior Setbacks for Detached Units. The interior building separation for detached units is a minimum ten (10) feet.
Figure 17.16.040(G). Small Lot Building Separation for Detached Units

6. Small Lot Parking and Access.
b. Required parking must be provided on each small lot, within a common parking area, or in a combination of the two.
c. Parking must be designed and located such that it is not visible from public rights-of-way.
d. The front face of a garage placed on an alley that is twenty (20) feet or less in width must be set back a minimum of five feet from the property line.
7. Small Lot Landscaping.
a. Landscaping with drought tolerant plant materials must be provided consistent with the requirements of Chapter 17.25, Landscaping.
b. Lots with units facing a common open space must have at least five feet of landscaping between the entrance and any interior walkway.
8. Small Lot Private Open Space.
a. A minimum of one hundred (100) square feet of ground-level private open space must be provided for each small lot unit. This space may take the form of a porch, deck, patio, or garden.
b. The minimum allowed dimensions for required private open space is six feet.
C. Design Standards Specific to Multifamily Development. In addition to the standards listed in subsection A of this section, multifamily development is subject to the standards below.
1. Design.
a. The roof line on the longest building elevations shall include a vertical offset of at least eighteen (18) inches for each unit or for each pair of units on that elevation.
Figure 17.16.040(H). Roofline, Attached Single Unit and Multi-Unit Development

b. Exterior building walls must vary in depth through a pattern of offsets, recesses, or projections a minimum of two feet every twenty-five (25) horizontal feet. Patterns may be established through changes in plane, balconies, bay windows, dormers, or other facade features.
Figure 17.16.040(I). Facade Articulation

c. All visible building facades shall incorporate details, such as window and door trim, window recesses, cornices, changes in materials, or other design elements. Each side of a building that is visible from a public right-of-way shall be designed with a consistent level of detailing and quality of materials.
d. A minimum of two features such as balconies, cantilevers, dormers, bay windows, awnings, patios, individualized entries, or accent materials shall be incorporated into each project building.
e. At least two materials shall be used on any building frontage, in addition to glazing and railings. Any one material must comprise at least twenty percent (20%) of the building frontage.
f. Buildings over two stories must provide a ground floor elevation that is distinguished from the upper stories through a material or color change along at least seventy-five percent (75%) of building facades facing rights-of-way or public open space.
g. Dwelling units facing common open space areas must include a minimum of one window providing a direct view onto the common area.
h. Where a new multifamily development is built adjacent to existing lower-scaled residential development, the facade opposite the existing lower-scaled residential development shall incorporate at least one full-height recess a minimum two feet in depth.
Figure 17.16.040(J). Full—Height Recesses, Attached Single-Unit and Multi-Unit Development

i. For buildings twelve (12) feet or less apart, windows, balconies, and other private open spaces shall be offset to avoid direct sightlines into and from neighboring properties.
Figure 17.16.040(K). Window and Balcony Placement, Attached Single-Unit and Multi-Unit Development

j. Each unit shall have at least two hundred (200) cubic feet of enclosed, weather-proofed, and lockable private storage space with a minimum horizontal dimension of four feet. The required private storage space may be located within a building or outside of the building, and may be used for bicycle parking.
k. Affordable units and market-rate units in the same development shall be constructed of the same or similar exterior materials and details such that the units are not distinguishable.
2. Attached Rowhouse Design.
a. Attached rowhouse development may be configured with vehicular access provided via an on-site drive aisle, from an abutting alley, or from the primary building frontage.
b. Blocks of attached rowhouses must be a minimum of three units and a maximum of eight units.
c. For attached rowhouse units, a minimum separation of twelve (12) feet must be provided between blocks of units.
Figure 17.16.040(L). Separation at End of Row

3. Entry Design.
a. Shared entrances to multifamily developments must be visible from the right-of-way or shared walkways. Direct pedestrian access must be provided between the public sidewalk and all shared entrances.
b. Individual ground floor entrances to units within a multifamily development must:
i. Be visible and directly accessible from the right-of-way or a shared pathway; and
ii. Incorporate usable outdoor areas such as patios, porches, stoops, terraces, or forecourts.
c. Exterior entrances to units in multifamily developments may be either individual or shared. Exterior entrances to individual units on upper floors are permitted; however, shared exterior access corridors located above the ground floor and visible from the street may provide access to a maximum of four units.
d. Duplexes, triplexes, and fourplexes abutting any LR-1A, LR, or MR district shall include individual front doors and interior stairs (when stairs are needed).
e. Exterior entrances serving multiple units must have a roofed projection or recess with a minimum depth of five feet and a minimum horizontal area of sixty (60) square feet.
Figure 17.16.040(M). Entrances Serving Multiple Units

f. Exterior entrances serving a single unit must have a roofed projection or recess with a minimum depth of at least five feet and a minimum horizontal area of at least twenty-five (25) feet.
4. Common Outdoor Recreation Space. Common open space must meet the following requirements:
a. Use. Common outdoor recreation space must be available for passive and active outdoor recreational purposes for the enjoyment of all residents of each project. Outdoor recreation space types include but are not limited to picnic areas, tot lots, sports courts, swimming pools, and community gardens.
b. Slope. The slope of the common outdoor recreational space must not exceed a slope of ten percent (10%) and must be easily accessible for all residents.
c. Visibility. Common outdoor recreation spaces must be visible from the primary living spaces of a minimum of fifty percent (50%) of units and be visible to the residents of the project for which the space is provided.
d. Precluded Areas. Common outdoor recreation space must not include driveways, public or private streets, or utility easements where the ground surface may not be appropriate for recreational space.
5. Parking.
a. Location for All Multifamily Residential. Off-street parking serving multifamily residential development must be located in one of the following facilities:
i. Surface parking lots, garages, or carports located to the side or rear of residential buildings in relation to adjacent streets. If a site fronts on two or more streets, this standard applies to the front of the lot.
ii. Garages with side entries, in which the face of the garage door is generally perpendicular to the street.
iii. Attached individually secured garages.
b. Rowhouse Garages Frontage. Rowhouse garages with doors that face the street must be recessed from the primary facade and may not occupy more than fifty percent (50%) of the width of any street-facing building facade.
Figure 17.16.040(N). Rowhouses Garages

(Ord. 23-4 § 5 (Exh. A))
This chapter enables commercial and mixed-use development that is suitable to the character of St. Helena and that supports the daily needs of residents. The commercial and mixed-use districts, which are located generally along the SR29 corridor, serve tourists, city residents, and residents of the unincorporated agricultural areas who have traditionally traveled to St. Helena to shop for goods and services. In the downtown, the zoning districts support higher density, mixed-use development that expands housing options while supporting retail and commercial services. Included in this chapter are use regulations, development standards, and design standards for the following commercial and mixed-use districts:
Central Business (CB). The CB zone is intended to provide for retail, personal service uses, offices, restaurants, hotels/motels, service stations, public and quasi-public uses, and similar and compatible uses that serve local residents’ day-to-day needs, as well as the needs of the surrounding area and tourists. Emphasis is on pedestrian-oriented retail and service uses on the ground floor level, with office and residential uses on the upper levels. This zone implements the central business general plan land use designation.
Service Commercial (SC). The SC zone is intended to provide for service and retail uses, restaurants, service stations, hotels, motels, public and quasi-public uses and similar and compatible uses. The designation is intended primarily for service and retail uses that are automobile-oriented or whose operational characteristics and space needs are not considered appropriate for the Central Business district. The intent is for the SC zone to be primarily local resident-serving in character. Strictly tourist-serving retail uses are prohibited within this designation. This zone implements the service commercial general plan land use designation.
Mixed—Use (MU). The MU zone is intended to provide areas for a mix of medium and high density residential unit types and commercial retail, office, restaurant, and open space uses. The zone supports both vertical and horizontal residential mixed-use development. Residential densities are from twelve (12) to twenty (20) dwelling units per acre. This zone implements the mixed-use general plan land use designation. (Ord. 23-4 § 5 (Exh. A))
Table 17.17.020(A): Use Regulations—Commercial and Mixed-Use Zoning Districts, lists the uses permitted (“P”), permitted with a minor use permit (“MUP”) granted by staff-level review, and permitted with a conditional use permit (“CUP”) granted at a public hearing. The right-hand column provides references to additional regulations beyond those of the base zoning district development and design standards. Any projects that qualify for ministerial approval under state law will be processed ministerially as required by that state law.
Table 17.17.020(A). Use Regulations—Commercial and Mixed—Use Zoning Districts
Use Classification | CB | SC | MU | Additional Regulations |
|---|---|---|---|---|
“P” = Permitted; “MUP” = Minor Use Permit; “CUP” = Conditional Use Permit; “—” = Use Not Allowed | ||||
Residential Uses | ||||
CUP | — | MUP | ||
CUP 1 | — | |||
CUP 1 | — | P 2 | Sec. 17.22.210, Single-room occupancy units | |
Commercial Uses | ||||
— | CUP | — | Sec. 17.22.040, Adult-oriented businesses | |
— | P | — | ||
— | CUP | — | ||
— | CUP | CUP | ||
— | CUP | — | ||
— | CUP | — | ||
— | CUP | — | ||
CUP | CUP | — | Sec. 17.22.190, Service stations | |
P 4 | P | P | ||
— | P | P | ||
— | CUP | CUP | ||
P | P | P | ||
P | P | P | ||
— | P | P | ||
CUP | CUP | CUP | ||
CUP | CUP | CUP | Sec. 17.22.050, Alcoholic beverage sales | |
P | P | P | Sec. 17.22.050, Alcoholic beverage sales | |
CUP | CUP | CUP | Sec. 17.22.050, Alcoholic beverage sales | |
CUP | CUP | CUP | Sec. 17.22.050, Alcoholic beverage sales | |
CUP | CUP | P | Sec. 17.22.150, Mobile food vendors | |
MUP | MUP | MUP | Sec. 17.22.050, Alcoholic beverage sales | |
P | P | P | ||
MUP | MUP | MUP | ||
P | P | P | ||
MUP 8 | MUP 9 | MUP 9 | ||
CUP | CUP | CUP | ||
CUP | CUP | CUP | ||
CUP | CUP | CUP | Sec. 17.22.050, Alcoholic beverage sales | |
MUP | MUP | MUP | ||
— | P | CUP | ||
CUP 10 | P 10 | CUP 10 | Sec. 17.22.120, Formula businesses | |
Funeral home and mortuary | — | MUP | MUP | |
— | MUP | MUP | ||
CUP | CUP | CUP | ||
MUP | — | MUP | ||
— | — | CUP 4 | ||
CUP 11 | CUP | CUP | ||
— | — | P | Sec. 17.22.200, Short-term rentals | |
CUP | CUP | — | ||
Candle-making | P | P | P | |
Ceramics/pottery | MUP | MUP | MUP | |
Glass blowing | MUP | MUP | MUP | |
Jewelry | P | P | P | |
Multimedia | P | P | P | |
— | — | MUP | ||
P 2 | P | P | ||
P 2 | P | P | ||
P 4 | P | P | ||
— | P/CUP 12 | P/CUP 12 | ||
P 4 | P | P | ||
P 4 | P | P | ||
— | P | P | ||
MUP 2 | MUP | MUP | ||
— | P 2 | P 2 | ||
CUP | — | P | ||
CUP | CUP | CUP | ||
— | P | — | ||
— | MUP | — | ||
P | P | P | ||
P | P | P | ||
— | P | P | ||
— | CUP | CUP | ||
— | P | P | ||
CUP | CUP | CUP | ||
P | P | — | ||
— | P | P | ||
— | P | — | ||
Industrial Uses | ||||
— | CUP | — | ||
— | P | — | ||
— | MUP | MUP | ||
Food and beverage manufacturing/brewery | CUP | CUP | CUP | |
Transportation, Communications, and Utilities | ||||
— | P | P | ||
Telecommunication facility | Sec. 17.22.270, Wireless telecommunication facilities | |||
— | CUP | — | ||
— | CUP | CUP | ||
— | MUP | MUP | ||
CUP | CUP | CUP | ||
Agricultural and Extractive Uses | ||||
— | MUP | MUP | Sec. 17.22.100, Community gardens | |
— | CUP | — | ||
Public/Institutional Uses | ||||
CUP | CUP | CUP | ||
— | MUP | MUP | ||
MUP | MUP | MUP | ||
Church | — | P | — | |
Cultural institution and museum | CUP | MUP | MUP | |
Seven or more persons | — | P | MUP | |
Six or fewer persons | — | P | P | |
P | P | P | ||
CUP | P | P | ||
P | — | P | ||
CUP 4 | CUP | CUP | ||
P 4 | P | — | ||
Accessory Uses—See also Sec. 17.22.020, Accessory Uses | ||||
P | P | P | ||
P | P | P | ||
— | — | MUP | ||
— | — | P | ||
Music/entertainment, live or amplified 6 | P/CUP 13 | P | P/CUP 13 | |
— | CUP | — | ||
MUP | MUP | MUP | Sec. 17.22.170, Outdoor dining and seating | |
— | MUP | MUP | ||
End Notes:
1Permitted on upper floors only.
2Permitted on upper floors only for properties fronting onto Main Street.
3Must be part of a mixed-use development.
4Not permitted on Main Street.
5The following are not permitted:
• Establishments serving customers within their vehicles on the premises or preparing beverages or food intended for consumption within their vehicles on the premises.
• Music or entertainment which is not accessory to the approved use and/or audible beyond the confines of the building in which such music or entertainment is being performed.
• Drive-in for take-out service.
6Roof top uses are only allowed in the CB and MU zoning districts.
7Formula and drive-through restaurant establishments are not permitted.
8Seating is not permitted.
9Limited to ten thousand (10,000) gross square feet.
10A maximum of four formula retail businesses are permitted in any one zoning district.
11Rental of rooms limited to upper floors only for properties fronting onto Main Street.
12A CUP is required for nonpublic wine tasting, offered to wine distributors and wine merchants only.
13A CUP is required for live or amplified music/entertainment outdoors.
(Ord. 23-4 § 5 (Exh. A))
Table 17.17.030(B): Development Standards—Commercial and Mixed-Use Zoning Districts, establishes the development standards for the Commercial Business, Service Commercial, and Mixed-Use zoning districts. The numbers in each illustration refer to corresponding regulations in the table.

Table 17.17.030(B). Development Standards—Commercial and Mixed—Use Zoning Districts
Standard | CB | SC | MU | Key |
|---|---|---|---|---|
Density/Intensity | ||||
n/a | n/a | Up to 20 du/ac | ||
Max. 2.0 (inclusive of residential uses) | Max. 0.50 | Max. 1.0 (inclusive of residential uses) | ||
Lot Size | ||||
Min. Lot Area | 5,000 sq ft | 10,000 sq ft | 5,000 sq ft | |
Min. Lot Width | None | None | 45 ft | ❶ |
Floor Area for Individual Buildings | Max. 10,000 sq ft 1 | Max. 15,000 sq ft | Max. 15,000 sq ft | |
Floor Area per Use | Max. 10,000 sq ft 1 | None | None | |
Main Street: 100% between Spring Street and Adams Street alignment; 85% elsewhere on Main Street | Min. 60% of lot width | Min. 50% of lot width | ❷ | |
All other streets: 60% | ||||
Max. Height | ||||
Principal Structure | 35 ft | 35 ft | Pitched roof: 45 ft/3 stories; 30 ft/2 stories within 20 ft of a residential district | |
30 ft within 25 feet of a residential district and facing Oak Street | ||||
46 ft for parcels not on Main Street | Flat roof: 40 ft/3 stories; 26 ft/2 stories within 20 ft of a residential district | |||
16 ft | 16 ft | 16 ft | ||
Ground Floor Finished Floor Elevation | Max. 2 ft above adjacent right-of-way | Max. 2 ft above adjacent right-of-way | Nonresidential: Max. 2 ft above adjacent right-of-way | |
Residential: Min. 2.5 ft above adjacent right-of-way | ||||
Ground Floor Ceiling Height | Min. 12 ft | Min. 12 ft | Nonresidential: Min. 12 ft | |
Residential: Min. 10 ft | ||||
Main Street: Max. 5 ft; Max 8 ft where active frontage is provided | Min. 25 ft | Nonresidential: Max. 10 ft | ❸ | |
Adams Street and Oak Street: Max. 8 ft | Residential: No setback allowed north of Mitchell Drive; 5—15 ft everywhere else | |||
Min. Street Side Setback | 0 ft | 25 ft 2 | 0 ft | ❹ |
0 ft | 10 ft per floor 2 | 0 ft | ❺ | |
Min. Rear Setback | 0 ft | 15 ft | 0 ft | ❻ |
Yards abutting a residential property must have a minimum of 20 ft 2 | ||||
Min. 50 ft from top of bank of Napa River | ❼ | |||
Min. 20 ft from top of bank of all other waterways | ||||
Landscaping and Open Space | ||||
Private Open Space for Multifamily Development 3 | Min. 80 sq ft per unit | n/a | Min. 120 sq ft per unit | |
Min. Dimension for Private Open Space | 6 ft | n/a | 6 ft | ❽ |
Common Usable Open Space for Multifamily Development 3 | Min. 150 sq ft per lot | n/a | Min. 150 sq ft per lot | |
Min. Dimension for Common Usable Open Space | 8 ft | n/a | 15 ft | ❾ |
Paved/Hardscaped Area | n/a | n/a | Max. 30% of front setback area | |
Landscaped Area 4 | Min 5% of lot area | Min. 15% of lot area | Min. 10% of lot area | |
Required Buffer Abutting Agricultural Use | A landscaped buffer min. 15 ft width with min. 15-gallon street trees at 30 ft on center | |||
End Notes:
1Only applies to the Main Street Corridor, south of Adams Street.
2Properties within the Highway 29 Specific Plan must comply with any additional required interior side and rear setbacks established in the Highway 29 Specific Plan EIR.
3May not include pedestrian access, required landscaped areas, on-site parking or driveway areas, and may not have a slope greater than ten percent (10%).
4Landscaped setbacks areas count toward this requirement.
(Ord. 23-4 § 5 (Exh. A))
The design standards in this section apply to all development within the commercial and mixed-use zoning districts. These design standards supplement the development standards of Table 17.17.030(B): Development Standards—Commercial and Mixed-Use Zoning Districts.
A. General Standards. All development is subject to the provisions of Division IV of this title, Citywide Standards.
B. Highway 29 Specific Plan Applicability. Properties within the Highway 29 Specific Plan area shall meet the requirements of the Highway 29 Specific Plan as well as the design standards of this section.
C. Residential Development in the Mixed—Use Zoning District. Buildings where a minimum of two-thirds of the floor area of the building is residential must meet the requirements of Section 17.16.040, Design standards, as well as those of this section.
D. Building Orientation.
1. Building entrances must be oriented toward public rights-of-way or internal walkways.
2. Building design must prevent direct visual access into adjacent residential properties. Where a new or existing primary interior residential space has an uninterrupted line of sight to windows of a primary interior space at the same floor level within twenty (20) horizontal feet, the glazing of the new windows shall be offset horizontally from the existing glazing by a minimum of twenty-four (24) inches.
E. Building Articulation. Any building over one hundred twenty-five (125) feet in width shall be broken down to read as a series of buildings no wider than seventy-five (75) feet each.
Figure 17.17.040(A). Building Articulation

F. Building Facades Visible From a Public Street.
1. Horizontal articulation must include a differentiated base, a roof cornice line or parapet, and an eave, awning, overhang, transom feature, belt course, or other architectural element that frames the middle section of the building.
2. Buildings or portions of buildings over two stories must include articulation for the top story of the building. This may be accomplished through a change in color, change in material, a cornice/belt course at the bottom of the uppermost floor, change in roof pitch (such as a gable), or an upper-story step-back.
Figure 17.17.040(B). Building Facade Visible From Public Street

3. Awnings must be of a durable, commercial grade fabric, canvas, or similar material with a matte finish.
4. Canopies must be constructed of wood or other natural materials in keeping with materials used historically in the city.
G. Upper—Story Window Design.
1. Upper-story windows must have a height equal to or greater than their width.
2. Trim at least one-half inch in depth must be provided around all windows, or windows must be recessed at least three-quarter inches from the plane of the surrounding exterior wall. Foam is not a permitted trim material.
Figure 17.17.040(C). Upper—Story Window Design

H. Exterior Building Materials and Colors.
1. Building materials that support and enhance the architectural vernacular of the city must be used in all new developments. There are many materials that may be used to achieve this goal, including plaster or stucco, brick, native or artificial stone finishes, form board concrete finishes, board and batten siding, and horizontal siding (except as provided in subsection (H)(3) of this section).
2. In addition, corrugated metal may be used as a roof or siding material in all commercial and mixed-use zoning districts.
3. Specifically prohibited materials include unplastered, unpainted, or painted concrete block, and vinyl or aluminum siding.
4. The palette of materials and colors on a building must be applied to all sides of the building.
5. A palette of contrasting colors is required along Main Street within the CB and MU districts.
I. Front and Street Side Setback Improvements. Where front or street side setbacks are required, these areas must be improved with planters, paving, low walls, climbing vines, outdoor dining/seating areas, or other features that:
1. Visually distinguish parking areas from pedestrian areas;
2. Emphasize the building entrance and any on-site open space; and
3. Frame required building transparency.
J. Refuse and Recycling Area Enclosures.
1. Container Materials. Containers used for the collection and storage of refuse and recyclable materials shall be constructed of a durable waterproof and rustproof material, covered when the site is not attended, secured from unauthorized entry or removal of material and shall be of a capacity sufficient to accommodate materials collected between collection schedules.
2. Enclosure Materials. Unless specifically waived by the design review processes described in Chapter 17.05, Planning Permits and Approvals, all development projects shall have a refuse enclosure constructed of such materials as to be opaque and of sufficient size to permit the storage, removal, and replacement of standard commercial size refuse containers. No collection, storage or stacking of refuse is permitted outside the refuse enclosure.
3. Drainage. The floor of the enclosure shall have a drain that connects to the sanitary sewer system.
K. Design Standards in the CB and MU Districts Only.
1. Building Transparency/Required Openings on Main Street in the CB and MU Districts. Exterior walls facing and within forty (40) feet of a street facing lot line or pedestrian walkway must include windows, doors, or other openings for at least seventy percent (70%) of the building wall area and located between two and seven feet above the level of the sidewalk or walkway. These walls may run in a continuous plane for no more than ten (10) feet without transparency or an opening.
Figure 17.17.040(D). Facade Transparency on Main Street in the CB and MU District

a. Design of Openings. Openings fulfilling this requirement must have transparent glazing and provide views into work areas, display areas, sales areas, lobbies, or similar active spaces, or into window displays that are at least three feet deep.
b. Exceptions for Parking Garages. Multilevel garages are not required to meet the ground-floor transparency requirement.
c. Reductions. The building transparency requirement may be reduced or waived upon finding that:
i. The proposed use has unique operational characteristics with which providing the required windows and openings is incompatible; and
ii. Street-facing building walls will exhibit architectural relief and detail and will be enhanced with landscaping in such a way as to create visual interest at the pedestrian level.
2. Buildings With Main Street Frontage in the CB and MU Districts.
a. Buildings must be oriented to face Main Street with the primary entrance on Main Street.
b. Building entrances must be either covered or recessed a minimum of four feet from the building facade.
c. Buildings on corner parcels must be placed at the intersection of the front and side setback lines for a minimum of thirty (30) feet along both setback lines.
Figure 17.17.040(E). Buildings With Main Street Frontage

3. Off-Street Parking in the MU District.
a. Off-street parking spaces may not be accessed from the front of the lot.
b. Off-street parking spaces may not be located within forty (40) feet of a street-facing property line. Exceptions may be granted through design review upon finding that:
i. The design incorporates habitable space built close to the street frontage to the maximum extent feasible;
ii. The site is small and constrained such that underground parking or surface parking located more than forty (40) feet from the street frontage is not feasible; and
iii. A screen wall designed to match the building materials of the primary building or a row of landscaping screens any off-street parking located within forty (40) feet of the street frontage.
L. Design Standards in the SC District Only.
1. Frontages.
a. Building design must emphasize active frontages and establish a connection to the right-of-way street.
b. Frontages must feature at least one entry.
c. Buildings more than fifty (50) feet in length along a right-of-way must incorporate at least one recessed entry with a minimum depth of six feet from the front facade.
d. The width of the recessed entry must be appropriate relative to the size of the building, with the maximum ratio of building height to entry recess 2.5:1 (height less than 2.5 × width).
2. Building Transparency/Required Openings. Exterior walls facing and within forty (40) feet of a street facing lot line or pedestrian walkway must include windows, doors, or other openings for at least forty percent (40%) of the building wall area and located between two and seven feet above the level of the sidewalk or walkway. These walls may run in a continuous plane for no more than fifteen (15) feet without transparency or an opening.
Figure 17.17.040(F). Building Transparency for SC District

a. Design of Openings. Openings fulfilling this requirement must have transparent glazing and provide views into work areas, display areas, sales areas, lobbies, or similar active spaces.
b. Reductions. The building transparency requirement may be reduced or waived upon finding that:
i. The proposed use has unique operational characteristics with which providing the required windows and openings is incompatible; and
ii. Street-facing building walls will exhibit architectural relief and detail and will be enhanced with landscaping in such a way as to create visual interest at the pedestrian level.
3. Off-Street Parking Areas in the SC District.
a. Off-street parking spaces may not be located within ten (10) feet of a street-facing property line. For properties within the Highway 29 Specific Plan area, refer to that plan for the location and design of proposed parking areas.
b. Curb cuts are limited to one per eighty (80) linear feet of any one street-facing frontage. (Ord. 23-4 § 5 (Exh. A))
This chapter encourages business and industrial uses by providing areas exclusively for development subject to regulations necessary to ensure the protection of adjoining uses. This chapter establishes use regulations, development standards, and design standards for the Business and Professional Office and Industrial zoning districts as follows:
Business and Professional Office (BPO). The BPO zone is intended to provide for professional and administrative offices, medical and dental offices, research and development uses, financial institutions, public and quasi-public uses, and similar and compatible uses. Residential uses in this designation can be considered for a building’s upper floors. This zone implements the office general plan land use designation.
Industrial (I). The I zone is intended to provide for industrial parks, warehouses, light manufacturing, auto and farm-related equipment sales and repairs, viticulture, and winery support services and similar and compatible uses. This zone implements the industrial general plan land use designation. (Ord. 23-4 § 5 (Exh. A))
Table 17.18.020(A): Use Regulations—Business and Industrial Zoning Districts, lists the uses permitted (“P”), permitted with a minor use permit (“MUP”) granted by staff-level review, and permitted with a conditional use permit (“CUP”) granted at a public hearing. The right-hand column provides references to additional regulations beyond those of the base zoning district development and design standards. Any projects that qualify for ministerial approval under state law will be processed ministerially as required by that state law.
Table 17.18.020(A). Use Regulations—Business and Industrial Zoning Districts
Use Classification | BPO | I | Additional Regulations |
|---|---|---|---|
“P” = Permitted; “MUP” = Minor Use Permit; “CUP” = Conditional Use Permit; “—” = Use Not Allowed | |||
Residential Uses | |||
P | — | ||
MUP | CUP | ||
CUP 1 | — | ||
CUP 1 | — | Sec. 17.22.210, Single-room occupancy units | |
Commercial Uses | |||
— | P | ||
Animal care and service | |||
— | CUP | ||
— | P | ||
Farm/agricultural equipment sales, service, and rental | — | P | |
— | CUP | ||
P | — | ||
— | P | ||
P | P | ||
P | P | ||
— | P | ||
— | CUP | See Sec. 17.22.050, Alcoholic beverage sales | |
Candle-making | MUP | P | |
Ceramics/pottery | MUP | P | |
Glass blowing | MUP | P | |
Jewelry | P | P | |
Multimedia | MUP | P | |
CUP | CUP | Sec. 17.22.150, Mobile food vendors | |
— | P | ||
— | P | ||
MUP | P | ||
— | P | ||
— | CUP | ||
P | — | ||
P | — | ||
P | — | ||
P 2 | — | ||
P/CUP 3 | — | ||
P | — | ||
— | P | ||
— | MUP | ||
P | — | ||
— | P | ||
— | P | ||
Industrial Uses | |||
— | P | ||
Construction and material yard | — | P4 | |
— | P | ||
Contractor’s office and showroom, excluding storage yard | P | — | |
— | P | ||
— | P | ||
MUP | MUP | ||
— | P | ||
— | CUP | ||
— | MUP 4 | ||
— | CUP | ||
— | CUP | See Sec. 17.22.050, Alcoholic beverage sales | |
— | CUP | Sec. 17.22.050, Alcoholic beverage sales | |
CUP | P/CUP 5 | ||
— | CUP | ||
Tanks for storage | — | CUP | |
— | P 4 | ||
— | CUP | ||
Transportation, Communications, and Utilities | |||
— | P | ||
Telecommunications | Sec. 17.22.270, Wireless telecommunication facilities | ||
— | CUP 6 | ||
Public services, major (city facilities only) | P | P | |
CUP | CUP | ||
Public services, minor (city facilities only) | P | P | |
MUP | MUP | ||
Transit stations and terminals | — | CUP | |
Agriculture and Extractive Uses | |||
— | CUP 7 | ||
— | CUP 8 | ||
Public/Institutional Uses | |||
CUP | — | ||
CUP | — | ||
Seven or more persons | CUP | — | |
Six or fewer persons | MUP | — | |
CUP | CUP | ||
P | — | ||
— | P | ||
P | — | ||
CUP | — | ||
CUP | — | ||
Accessory Uses—See also Sec. 17.22.020, Accessory uses | |||
— | P | Sec. 17.22.070, Beekeeping | |
— | MUP | ||
P | — | ||
CUP | — | ||
P | — | ||
CUP | CUP | ||
MUP | MUP | ||
End Notes:
1Permitted on upper floors only.
2Storage or on-site shipping and receiving of products not permitted.
3CUP required for nonpublic wine tasting, offered to wine distributors and wine merchants only. No public sales or tasting allowed.
5A CUP is required when uses involve the use of hazardous substances.
6May include cooking and sleeping facilities for employees on duty only.
7Subject to the provisions of the Surface Mining and Reclamation Act of 1975 (Section 2710 et seq. of the Public Resources Code).
8Retail sales and tasting not permitted.
(Ord. 23-4 § 5 (Exh. A))
Table 17.18.030(B): Development Standards—Business and Industrial Zoning Districts, establishes the development standards for the Business and Professional Office and the Industrial zoning districts. The numbers in each illustration refer to corresponding regulations in the table.

Table 17.18.030(B). Development Standards—Business and Industrial Zoning Districts
Standard | BPO | I | Key | |
|---|---|---|---|---|
Density/Intensity | ||||
Max. 20 du/ac | n/a | |||
Max. 0.50 | Max. 0.50 for uses including <90% warehousing | |||
Max. 0.60 for uses including >90% warehousing | ||||
Lot Size | ||||
Min. Lot Area | 7,000 sq ft | 20,000 sq ft | ||
Min. Lot Width | none | 100 ft | ❶ | |
Principal Structure | 30 ft | 45 ft | ||
No roof pitch must be less than 4:12 | 35 ft within 100 feet of a residential, A-20, or W district | |||
Min. Front Setback | 20 ft | 25 ft from any street or public right-of-way | 35 ft from a residential, A-20, or W district | ❷ |
Min. Street Side Setback | 10 ft | ❸ | ||
10 ft | ❹ | |||
Min. Rear Setback | 15 ft | ❺ | ||
Min. 50 ft from top of bank of Napa River | ❻ | |||
Min. 20 ft from top of bank of all other waterways | ||||
Landscaping and Open Space | ||||
Private Open Space for Multifamily Development | Min. 80 sq ft per unit | n/a | ||
Min. Dimension for Private Open Space | 6 ft | n/a | ❼ | |
Landscaped Area 1 | Min. 15% of lot area. | Min. 10% of lot area. | ||
Required Buffer Abutting Agricultural Use and Residential Uses | A landscaped buffer min. 15 ft width with street trees at 30 ft on center | |||
End Note:
1Landscaped setback areas count toward this requirement.
(Ord. 23-4 § 5 (Exh. A))
A. General Standards. All development is subject to the provisions of Division IV of this title, Citywide Standards.
B. Residential—Mixed-Use Buildings. Buildings where a minimum of two-thirds of the floor area of the building is residential must meet the requirements of Section 17.16.040, Design standards, as well as those in this section. In the event of a conflict between the standards of these two sections, the most restrictive shall apply.
C. Design Standards in the BPO District.
1. Building Design. Building design must emphasize active frontages and establish a connection to the right-of-way street.
a. Frontages must feature at least one entry.
b. Buildings more than fifty (50) feet in length along a right-of-way must incorporate at least one recessed entry with a minimum depth of six feet from the front facade.
2. Building Facades Visible From a Public Street. Horizontal articulation must include an eave, awning, overhang, a differentiated building base, or other architectural element that articulates the building facade.
3. Front and Street Side Setback Improvements. Where front or street side setbacks are provided, these areas must be improved with planters, paving, low walls, climbing vines, outdoor dining/seating areas, or other features that:
a. Visually distinguish parking areas from pedestrian areas;
b. Emphasize the building entrance and any on-site open space; and
c. Frame the building’s ground-level windows.
4. Fencing. No fence in the front setback may exceed three feet in height. All other fencing outside the front setback may not exceed six feet in height.
5. Trash Enclosures. Unless specifically waived by the design review processes described in Chapter 17.05, Planning Permits and Approvals, all development projects shall have a refuse enclosure constructed of such materials as to be opaque and of sufficient size to permit the storage, removal, and replacement of standard commercial size refuse containers. No collection, storage or stacking of refuse is permitted outside the refuse enclosure. Trash enclosures must be illuminated for nighttime security and use.
6. Parking. Parking spaces may be paved with all-weather pervious materials, but travelways must be of concrete or asphalt.
D. Design Standards in the I District.
1. Building Design. Buildings more than fifty (50) feet in length along a right-of-way must incorporate at least one recessed entry with a minimum depth of six feet from the front facade.
2. Building Facades Visible From a Public Street. Horizontal articulation must include an eave, awning, overhang, a differentiated building base, or other architectural element that articulates the building facade.
3. Front and Street Side Setback Improvements. Where front or street side setbacks are provided, these areas must:
a. Visually distinguish parking areas from pedestrian areas;
b. Emphasize the building entrance and any on-site open space; and
c. Frame the building’s ground-level windows.
4. Required Screening Abutting a Nonindustrial District.
a. Abutting All Residential Districts. Where abutting a residential district, an eight-foot opaque, landscaped, soundproofed wall is required.
b. Abutting All Nonindustrial and Nonresidential Districts. Where abutting a nonindustrial or nonresidential district, an eight-foot opaque landscaped fence or wall is required. The eight-foot screening element need not be located on the property line.
5. Landscaped Buffer. In addition to the requirements of Table 17.18.030(B): Development Standards—Business and Industrial Zoning Districts, landscape requirements for buffer areas are as follows:
a. A landscaped buffer at least twenty-five (25) feet in width with street trees at thirty (30) feet on center is required along all street frontages;
b. Trees shall be at least fifteen (15) gallon size at time of planting; and
c. Ground cover must be installed under trees and maintained in accordance with approved plans.
Figure 17.18.040(A). Landscape Buffer

6. Fencing. No fence in the front setback may exceed three feet in height. All other fencing outside front setback may not exceed eight feet in height.
a. An eight-foot opaque landscaped fence or wall (side/rear setback) is required where abutting a nonindustrial zone. If a residential zone abuts the property, subsection (D)(6)(b) of this section applies;
b. An eight-foot opaque, landscaped, and soundproofed wall is required where abutting a residential zone.
7. Parking and Loading.
a. Off-street parking is not permitted in the required front setback. If a property is located in the Highway 29 Specific Plan area, the parking site design must comply with the standards of the specific plan if more restrictive.
b. Parking spaces may be paved with all-weather dust-free pervious materials; however, travelways must be of concrete or asphalt.
c. No loading/unloading may be conducted in a public right-of-way.
d. There must be at least one off-street loading space per use. Additional loading dock and truck standing requirements must be based on proposed uses and must ensure that trucks will not block traffic or obstruct on-street parking spaces. Additional requirements may be specified as a condition of a conditional use permit.
8. Other Standards.
a. An interior fire sprinkler system approved by the chief building official must be installed in all buildings.
b. One-hour minimum fire-resistant construction on all exterior walls within ten (10) feet of all property lines must be installed. Fire resistant construction of interior walls shall be determined by type of occupancy and approved by the chief building official.
c. Low flow (water restricting) plumbing devices shall be installed. (Ord. 23-4 § 5 (Exh. A))
This chapter protects existing resources while providing for a range of agricultural, residential, and community uses within the city’s agricultural and natural resource areas. This chapter establishes use regulations, development standards, and design standards for the Twenty-Acre Agriculture, Winery, and Woodlands and Watershed zoning districts as follows:
Twenty—Acre Agriculture (A-20). The A-20 zone is intended to provide for agricultural and residential uses. The purpose of the A-20 district is to preserve agricultural land uses and provide for future orderly development as the urban limit line is adjusted to accommodate urban growth. This zone restricts the density of residential use and stipulates the location and area of residential development to promote preservation of agricultural land use and reduce impacts to the provision of infrastructure as the urban area of the city expands. This zone implements the agriculture general plan land use designation.
Winery (W). The W zone is intended to provide for winery and winery-related uses within the agriculture general plan land use designation. This zone implements the agriculture general plan land use designation.
Woodlands and Watershed (WW). The WW zone is intended to allow residential development that is sensitive to the land and its varying capability for development. Development in the WW zone carefully considers the community-wide implications of natural conditions and minimizes impacts on natural conditions. This zone implements the woodlands and watershed general plan land use designation. (Ord. 23-4 § 5 (Exh. A))
Table 17.19.020(A): Use Regulations—Community Agriculture and Natural Resource Zoning Districts, lists the uses permitted (“P”), permitted with a minor use permit (“MUP”), and permitted with a conditional use permit (“CUP”) granted at a public hearing. The right-hand column provides references to additional regulations beyond those of the base zoning district development and design standards. Any projects that qualify for ministerial approval under state law will be processed ministerially as required by that state law.
Table 17.19.020(A). Use Regulations—Community Agriculture and Natural Resource Zoning Districts
Use Classification | A-20 | W | WW | Additional Regulations |
|---|---|---|---|---|
“P” = Permitted; “MUP” = Minor Use Permit; “CUP” = Conditional Use Permit; “—” = Use Not Allowed | ||||
Residential Uses | ||||
P/CUP 1 | P/CUP 1 | — | ||
P 2 | P 2 | P 2 | ||
Commercial Uses | ||||
Animal care and service | ||||
CUP | — | — | ||
CUP | — | — | ||
Industrial Uses | ||||
Manufacturing, packaging and processing | — | CUP | — | |
Tanks associated with winery uses | — | CUP 3 | — | |
— | CUP | — | ||
— | CUP | — | ||
Transportation, Communications, and Utilities | ||||
MUP | MUP | MUP | ||
Telecommunication | Sec. 17.22.270, Wireless telecommunication facilities | |||
Agricultural and Extractive Uses | ||||
P/CUP 4 | — | P 5 | ||
P | P | P | Sec. 17.22.100, Community gardens | |
P/CUP 6 | P/CUP 6 | P/CUP 6 | ||
Processing of agricultural products primarily produced on the premises | CUP | CUP | — | |
— | CUP | — | ||
Accessory Uses—See also Sec. 17.22.020, Accessory uses | ||||
P | P | P | Sec. 17.22.060, Animal keeping | |
P | P | P | Sec. 17.22.070, Beekeeping | |
P | P | P | ||
Garages, carports, workshops, pool houses, gazebos, patio covers, and other accessory buildings and structures | P 7 | P | CUP | Sec. 17.24.020, Accessory buildings and structures |
P | P | P | ||
P | P | P | ||
P | — | CUP | Sec. 17.22.130, Home occupations | |
CUP | P/CUP 8 | — | ||
P | P | P | ||
Tasting room affiliated with small winery | CUP | CUP | CUP | |
— | CUP | — | ||
CUP | CUP | — | Sec. 17.22.230, Small wineries | |
— | CUP | — | ||
Uses accessory to a winery enclosed within a building (e.g., offices, laboratories, equipment maintenance shops, employees’ eating facilities, cooperage repair shops, wine storage tanks, scales, and boiler rooms) | — | P | — | |
Uses and equipment accessory to a winery located outdoors | — | CUP 9 | — | |
End Notes:
1Up to thirty-six (36) beds in group quarters or twelve (12) units or spaces designed for use by a single-family or household pursuant to California Health and Safety Code Section 17021.6 are permitted. Otherwise, a CUP is required.
2On parcels over two acres in size, the single-family dwelling must be accessory to an agricultural use.
3If the new tanks increase wine production volume beyond what is established in an existing CUP or certificate of legal nonconforming use, a new CUP is required. If there is no increase in wine production as a result of the proposed new tanks, no CUP is required. Design review is not required for new tanks placed indoors.
4Hog farms, dairies, commercial poultry farms, and egg ranches require a CUP.
5Horses and cattle are not permitted.
6CUP required for new uses within thirty (30) feet of Napa River, York Creek, Sulphur Springs Creek and for new uses within Flood Plain Overlay (see Section 17.21.010, Flood Plain Overlay (FP)).
7Plumbing and cooking facilities are not permitted.
8CUP is required where the roadside stand exceeds two hundred (200) square feet.
9Any outdoor winery equipment or improvements proposed to be located within four hundred (400) feet of any R zone or within two hundred (200) feet of State Highway 29, the Silverado Trail or Deer Park Road requires a CUP.
(Ord. 23-4 § 5 (Exh. A))
Table 17.19.030(B): Development Standards—Community Agriculture and Natural Resource Zoning Districts, establishes the development standards for the Twenty-Acre Agriculture, Winery, and Woodlands and Watershed zoning districts. The numbers in each illustration refer to corresponding regulations in the table.

Table 17.19.030(B). Development Standards—Community Agriculture and Natural Resource Zoning Districts
Standard | A-20 Lots >5 Acres | W | WW | Key | |
|---|---|---|---|---|---|
Max. 1 unit/5 acres 2 | Max. 1 unit/5 acres 2 | ||||
Lot Size | |||||
Min. 20 acres | Min. 20 acres | Min. 20 acres | 5—40 acres | ||
No min. | No min. | Min. 300 ft | 20—200 ft | ❶ | |
Max. Lot Coverage (Includes Accessory Structures) | 9,000 sf 3 | 10,000 sf 3 | 50% | 10% or 20,000 sq ft, whichever is less | |
Max. Ground Level Floor Area (Excludes Accessory Structures) | 4,500 sq ft | 5,000 sq ft | none | none | ❷ |
Max. Second-Story Floor Area | 35% of the ground floor area | 20% of the ground floor area | none | none | |
Principal Structure | Max. 30 ft | Max. 30 ft | Max. 45 ft | Max. 35 ft above natural grade | |
Max. 20 ft; except for ADUs, refer to Section 17.22.030(E)(2). | Max. 20 ft; except for ADUs, refer to Section 17.22.030(E)(2). | none | none | ||
Min. 50 ft, measured from the centerline of abutting street | Min. 50 ft, measured from the centerline of abutting street | Min. 100 ft | 20—50 ft or 10% of lot depth, whichever is lesser | ❸ | |
Min. 50 ft, measured from the centerline of abutting street | Min. 50 ft, measured from the centerline of abutting street | Min. 50 ft | 20—50 ft or 10% of lot width, whichever is lesser | ❹ | |
Min. 20 ft | Min. 20 ft | Min. 50 ft | 20—50 ft or 10% of lot width, whichever is lesser | ❺ | |
Min. 20 ft | Min. 20 ft | Min. 75 ft | 20—50 ft or 10% of lot depth, whichever is lesser | ❻ | |
Min. 50 ft from top of bank of Napa River | |||||
Min. 20 ft from top of bank of all other waterways | |||||
Landscape and Open Space | |||||
Max. Paved/Hardscaped Area | 0.25 acre | 0.5 acre | none | none | |
End Notes:
1For all lots less than two acres in area refer to the development standards for the LR-1A zoning district in Table 17.16.030(B): Development Standards—Residential Zoning Districts.
2Density excludes agricultural employee housing.
3No more than one-quarter acre of any one parcel < five acres (or one-half acre for parcels > five acres) may be removed from potential, historical, or active agricultural use. All structures, driveways (except for a sixteen (16) foot wide driveway no greater than two-thirds the length of the parcel), parking areas, patios, pools, lawn areas, or other nonagricultural uses are included in the one-quarter acre or one-half acre respectively, maximum standard per parcel.
4The habitable space in accessory structures may not exceed twenty-five percent (25%) of the gross floor area of the primary structure.
(Ord. 23-4 § 5 (Exh. A))
A. General Standards. All development is subject to the provisions of Division IV of this title, Citywide Standards.
B. Design in the A-20 District.
1. Residential Design Standards. All residential development is subject to the standards of Section 17.16.040(A).
2. Accessory Buildings in the A-20 District. Barns, stables, chicken houses and similar accessory buildings must be placed not less than fifty (50) feet from a street, nor less than fifty (50) feet from any dwelling on an adjacent parcel or R district boundary line.
Figure 17.19.040(A). Accessory Buildings in the A-20 District

C. Development in the W District.
1. All wine storage tanks and surface winery waste treatment facilities shall be subject to the standards in Table 17.19.030(B): Development Standards—Community Agriculture and Natural Resource Zoning Districts.
2. No use authorized under the provisions of this chapter shall be permitted where use, occupancy or patronage will exceed the capability of the site to provide off-street parking, waste disposal system and reasonable provisions for public safety.
3. Retail sales and food and drink facilities must be integrated with a visitor center, and no advertising or other exterior evidence of such use shall be visible from any public right-of-way.
4. Winery operations shall generate sound levels no greater than fifty-five (55) decibels at any property line more than ten percent (10%) of the time (L 10). “L 10” is the noise level at the property line that is exceeded ten percent (10%) of the operating time.
5. Winery operations shall generate no discernible odors of sewerage or putrefying organic material origin, other than normal fermentation odors, at the property lines.
6. Bottling, warehousing and retail sales activities shall be conducted within structures specifically designated for such uses.
D. Development in the WW District.
1. All clearing and earthmoving must be conducted in compliance with an erosion control plan as prepared by a registered civil engineer and approved by the city engineer.
2. No disturbance of definite or suspected landslides or soil creep areas is permitted, as identified on maps produced by United States Geological Survey (USGS) or on any other more detailed study prepared by properly credentialed professionals and reviewed by the city’s geotechnical consultant.
3. No disturbance of, or development within, riparian areas within one hundred (100) feet of intermittent or perennial streams noted on USGS maps is permitted.
4. No earth movement on slopes in excess of thirty percent (30%) is permitted. An exception may be granted by the city engineer for minor trenching and backfilling for the installation of utilities and for temporary, nongraded access for construction purposes where no trees or substantial vegetation will be removed and where the surface will be recontoured to previous condition and revegetated according to the erosion control plan. Applications for an exception must include submittal of a construction plan for the equipment to be installed, a plan for the maintenance of that equipment, a soils and slope stability analysis prepared by a geotechnical engineer, an erosion control plan pursuant to subsection (D)(1) of this section, and a revegetation plan, utilizing native plant species, for the area that will be disturbed by the earth movement. Prior to granting an exception, the city engineer must find that the project does not have potential for creating significant erosion problems. A performance bond must be required and held by the city for one year after completion of the project to ensure that the recontouring and revegetation were properly installed.
5. No buildings (other than water tanks, which must be screened) may be constructed within one hundred (100) feet of the primary ridgeline on any parcel. The intent of this section is to reduce the visual impact of buildings that would obscure public views of the most prominent ridgeline on each property, without precluding the opportunity of the property owner to site a building that could attain a view. In implementing this section, the planning commission must adopt a finding that the approved plan balances the owner’s interest in attaining a view against the city’s interest in preventing the obstruction of scenic views.
6. Water and sewer systems will be constructed and maintained, at the applicant’s expense, to meet such standard as may be adopted by ordinance of the city council, or in the absence of such to the satisfaction of the city engineer. If individual and/or private water and/or sewage systems are proposed, prior approval must be obtained from the Napa County department of environmental management.
7. The fuel loading within fifty (50) feet of the building or building envelope must be maintained at a level not to exceed such standard as may be adopted by the city council.
8. New roads/common drives/driveways must be maintained so as to guarantee all of the following:
a. Safe two-way year-round passage of emergency vehicles, as defined in St. Helena access road standards, as adopted by the city council.
b. Erosion from road cuts/fills must not exceed such standard as specified in an erosion control plan approved by Napa County resource conservation district, pursuant to ordinance adopted by the city council, or in the absence of such, to the satisfaction of the city engineer.
c. Dust creation must be minimized and must not exceed such standard as may be adopted by ordinance of the city council.
d. Earth movement must not obstruct or obliterate circulation improvements.
e. Grading must occur between April 1st and October 15th unless approved otherwise by the city engineer.
9. Emergency vehicle access must be constructed and maintained, at the applicant’s expense, to allow interconnection with nearby roads.
10. Roofing materials must be noncombustible. See the fire code for sprinkler and water supply requirements. (Ord. 23-4 § 5 (Exh. A))
This chapter provides civic spaces throughout the city to properly serve the needs of residents and provide open space for recreation and to conserve natural habitats. This chapter establishes use regulations, development standards, and design standards for the Public and Quasi-Public, Parks and Recreation, and Open Space zoning districts as follows:
Public and Quasi—Public (PQP). The PQP zone is intended to provide for government-owned facilities, public and private schools and quasi-public uses such as churches and cemeteries, government buildings, utilities, libraries, and emergency transportation service. This zone implements the public/quasi-public general plan land use designation.
Parks and Recreation (PR). The PR zone is intended to provide for public parklands primarily designed for public recreation. It is applied to existing public parks, as well as passive open spaces. This zone implements the parks and recreation general plan land use designation.
Open Space (OS). The OS zone is intended to provide for natural open space areas that are devoted to the preservation of natural resources, the managed production of resources, outdoor recreation or public health and safety. Areas designated for open space are all associated with stream corridors that pass through or adjacent to the city including the Napa River, Sulphur Springs Creek, York Creek and Spring Creek. This zone implements the open space general plan land use designation. (Ord. 23-4 § 5 (Exh. A))
Table 17.20.020(A): Use Regulations—Public and Open Space Zoning Districts, lists the uses permitted (“P”), permitted with a minor use permit (“MUP”) granted by a staff-level review, and permitted with a conditional use permit (“CUP”) granted at a public hearing. The right-hand column provides references to additional regulations beyond those of the base zoning district development and design standards.
Table 17.20.020(A). Use Regulations—Public and Open Space Zoning Districts
Use Classification | PQP | PR | OS | Additional Regulations |
|---|---|---|---|---|
“P” = Permitted; “MUP” = Minor Use Permit; “CUP” = Conditional Use Permit; “—” = Use Not Allowed | ||||
Residential Uses | ||||
— | MUP 1 | — | ||
Commercial Uses | ||||
CUP | — | — | ||
Transportation, Communications and Utilities | ||||
CUP | — | — | ||
CUP | — | — | ||
MUP | MUP | MUP | ||
Telecommunication | Sec. 17.22.270, Wireless telecommunication facilities | |||
Agricultural and Extractive Uses | ||||
CUP | CUP | — | Sec. 17.22.100, Community gardens | |
— | — | CUP | ||
Public/Institutional Uses | ||||
CUP | CUP | — | ||
CUP | — | — | ||
CUP | — | — | ||
CUP | — | — | ||
Cultural institution and museum | CUP | CUP | — | |
CUP | — | — | ||
— | CUP | — | ||
— | P | CUP | ||
CUP | CUP | — | ||
— | P | P | ||
Accessory Uses—See also Sec. 17.22.020, Accessory uses | ||||
P | P | P | Sec. 17.22.070, Beekeeping | |
End Notes:
1The residence must be occupied by employees and their immediate families, employed for the purpose of on-site management, maintenance, or upkeep. Temporary business guests and employees on temporary assignment are also allowed to reside in the unit.
2Provided such operations were approved by the city prior to October 1, 1993, and are productive and economically viable.
(Ord. 23-4 § 5 (Exh. A))
Table 17.20.030(B): Development Standards—Public and Open Space Zoning Districts, establishes the development standards for the Public and Open Space zoning districts. The numbers in each illustration refer to corresponding regulations in the table.

Table 17.20.030(B). Development Standards—Public and Open Space Zoning Districts
Standard | PQP | PR | OS | Key |
|---|---|---|---|---|
0.15—0.5 | None | None | ||
Max. Lot Coverage | 50% | 50% | 10% or 20,000 sq ft, whichever is less | |
30 ft | 30 ft | 30 ft | ||
15 ft | 75 ft | 35 ft | ❶ | |
Min. Street Side Setback | 10 ft | 50 ft | 20 ft | ❷ |
10 ft | 50 ft | 10 ft | ❸ | |
Min. Rear Setback | 15 ft | 75 ft | 40 ft | ❹ |
Min. 50 ft from top of bank of Napa River | ||||
Min. 20 ft from top of bank of all other waterways | ||||
(Ord. 23-4 § 5 (Exh. A))
A. General Standards. All development is subject to the provisions of Division IV of this title, Citywide Standards.
B. Trash Enclosures. Unless specifically waived by the design review process described in Chapter 17.05, Planning Permits and Approvals, all projects must have a trash enclosure constructed of opaque materials and sufficiently sized to permit the storage, removal and replacement of standard commercial-size trash bins. No collection, storage or stacking of garbage, trash and refuse is permitted outside the trash enclosure. This requirement does not preclude the placement of individual trash containers on the parcel.
C. Development in the OS District. Limited development is permitted on open space-designated parcels along Sulphur Springs Creek west of the Crane Avenue Bridge. The development potential of open space-designated parcels will be determined in accordance with standards governing parcels designated agriculture in the general plan and zoned A-20. All development must be outside the stream corridor and structures must be set back from the creek’s edge consistent with the base standards, the Flood Plain Overlay district, and the California Department of Fish and Game standards. (Ord. 23-4 § 5 (Exh. A))
Overlay zoning districts are intended to provide for the regulation of properties with special or unique conditions and establish regulations which shall be in addition to those of the base zoning district. The Overlay designations set forth in this title are as follows:
Table 17.21(A). Overlay Zoning Districts
Abbreviation | Name |
|---|---|
FP | Flood Plain Overlay |
MHP | Mobile Home Park Overlay |
PED | Parking Exemption District |
HP | Historic Preservation Overlay |
PD | Planned Development Overlay |
(Ord. 23-4 § 5 (Exh. A))
A. Purpose. This section identifies and designates areas subject to flooding and to provide protection against flood damage for uses and service facilities in these areas by requiring proper design at the time of initial construction. In any zoning district which is combined with an FP Overlay district, the regulations of this section must apply in addition to those specified for the underlying zoning district. If any conflict in these regulations occurs with other provisions of this title or any other ordinance or resolution of the city, the regulations of this section govern.
B. Applicability. The provisions of this section apply within any area designated as within the One Hundred (100) Year Flood Plain Overlay area as shown on Federal Emergency Management Agency (FEMA) maps and the general plan safety element on file with the city’s community development department.
C. Prohibited Uses. The following uses are prohibited within the Flood Plain Overlay district:
1. Hospitals;
2. Health care facilities;
4. Fire stations;
5. Telecommunication facilities;
6. Emergency command centers; and
7. Emergency communications facilities.
D. Buildings and Construction Requirements. New construction or replacement of existing construction is subject to the standards of Chapter 15.52, Flood Damage Prevention.
E. Setback Standards. No development, grading, or agricultural planting shall encroach within the setback standards noted below, as measured from the top of the bank:
1. Napa River: fifty (50) feet.
2. Sulphur Springs Creek: twenty (20) feet.
F. Design Standards. The following standards apply to development within the Flood Plain Overlay district:
1. Utilities. New or replacement water supply systems and/or sanitary sewer systems must be designed to minimize or eliminate infiltration of flood waters into the systems and discharges from the systems into flood waters. On-site waste disposal systems must be located to avoid impairment of water supply systems and/or sanitary sewer systems or contamination from them during flooding.
2. Riparian Area Protection. To minimize disturbance to the waterway and vegetation, on the edge of the applicable waterway setback the project applicant shall erect a minimum four-foot-high construction fence prior to the issuance of a grading permit. The fence shall stay in place until a certificate of occupancy is issued.
G. Building Permits.
1. No person must commence, authorize, or cause to be commenced any erecting, constructing, enlarging, altering, repairing, improvising, moving or demolishing of any building or structure without first obtaining a separate building permit for each building or structure from the chief building official.
2. All building permit applications for major repairs must be reviewed by the chief building official to determine that the proposed repair:
a. Uses construction materials and utility equipment that are resistant to flood damage; and
b. Uses construction methods and practices that will minimize flood damage.
3. All building permit applications for new construction or substantial improvements must be reviewed by the chief building official to assure that the proposed construction (including prefabricated and mobile homes):
a. Is protected against flood damage;
b. Is designed (or modified) and anchored to prevent flotation, collapse or lateral movement of the structure;
c. Uses construction materials and utility equipment that are resistant to flood damage; and
d. Uses construction methods and practices that will minimize flood damage.
4. Exemption. Building height within the Flood Plain Overlay district must be measured from the flood elevation rather than natural grade.
H. Subdivisions. All subdivision proposals and other proposed new developments must be reviewed by the city engineer to assure that:
1. All such proposals are consistent with the need to minimize flood damage;
2. All public utilities and facilities, such as sewer, gas, electrical and water systems, are located, elevated, and constructed to minimize or eliminate flood damage; and
3. Adequate drainage is provided so as to reduce exposure to flood hazards. (Ord. 23-4 § 5 (Exh. A))
A. Purpose. The Mobile Home Park Overlay district provides, when combined with an underlying Residential zoning district, for the establishment and operation of mobile homes.
B. Zone Change and Conditional Use Permit Approval.
1. An application for a zoning map amendment or rezoning to combine the MHP Overlay and a Residential zoning district and for conditional use permit approval for a mobile home park must be filed simultaneously with the community development department. The zoning map amendment and the conditional use permit will be considered simultaneously by the approval authority.
2. The application for the conditional use permit must include, in addition to the requirements of Chapter 17.05, Planning Permits and Approvals, the following:
a. A site sketch indicating the location of the proposed park in relation to the surrounding area or region.
b. The park name, date, north point, scale, and sufficient boundaries to define the proposed acreage of the site.
c. The number of proposed mobile home spaces.
d. Names and addresses of record owner, engineer, or surveyor.
e. Location, names, and present width and grades of adjacent or abutting streets.
f. Existing topography and proposed changes, including trees, rock formations and other unusual features of the site, and at least one hundred (100) feet beyond its boundaries. Individual trees with a diameter of more than eight inches, measured twenty-four (24) inches above existing grade, must be identified by type, circumference, and dripline. Any trees proposed for removal must also be indicated. Contour lines must have the following intervals:
i. One-foot contour intervals for a ground slope less than five percent;
ii. Two-foot contour intervals for a ground slope between five and ten percent (10%); and
iii. Five-foot contour intervals for a ground slope greater than ten percent (10%).
g. Approximate location of all areas subject to inundation of storm water overflow, and location, width, and direction of flow of all watercourses.
h. Approximate width and location of all existing easements.
i. Approximate dimensions of all mobile home spaces, radii of all curves and central angles.
j. Location of all existing structures identified by type and indicating which are proposed to be removed and which will remain.
k. Location of building setback line from each stream or river on the site, if applicable.
l. Location of existing overhead utility lines and poles on site and on peripheral streets.
C. Uses Permitted. The following uses are permitted in the Mobile Home Park Overlay district:
1. The installation of mobile homes that meet all applicable federal and state regulations.
2. Accessory structures in accordance with California Code of Regulations, Title 25, Division 1, Chapter 2, Article 9.
D. Conditional Uses. Changes to approved uses within mobile home parks require a conditional use permit approval subject to Section 17.05.020, Conditional use permit (CUP).
E. Development Standards.
1. Mobile home park development within the city must comply with all applicable federal and state regulations.
2. Screening must enclose the mobile home park at its street side setback lines and must be located along all other property lines.
3. Vehicle parking and access must be consistent with Chapter 17.26, Parking and Loading.
4. All setbacks must be landscaped with plant materials, equipped with sprinklers and adequately maintained in accordance with Chapter 17.25, Landscaping.
5. All mobile homes must be on a permanent foundation.
F. Enforcement.
1. The Mobile Home Park Overlay regulations are intended to complement and be subordinate to state law. The state law governing manufactured home parks is entitled the “Mobilehome Parks Act” and may be found in Division 13, Parts 2.1 and 2.3 of the California Health and Safety Code. Mobile home park regulations are contained in the California Code of Regulations, Title 25, Division 1, Chapters 2 and 2.2. The city does not assume responsibility for the enforcement of the regulations contained therein and all mobile home parks within the city remain subject to the jurisdiction of the California Housing and Community Development Department in its role as the enforcement agency for the above described state laws. Nothing contained in this section must be construed to abrogate, void or minimize such other pertinent regulations and all pertinent state and city regulations concerning the development and operation of mobile home parks must be observed.
2. Mobile homes located within areas of special flood hazard are required to be in compliance with Chapter 15.52, Flood Damage Prevention. (Ord. 23-4 § 5 (Exh. A))
A. Purpose. The Parking Exemption district (PED) establishes an area without on-site parking requirements or an in-lieu fee. The Parking Exemption district, generally within the CB district, is an area found to be impacted by insufficient off-street parking due to the age of the buildings. The PED is intended to preserve the unique character of the district.
B. Standards. All existing on-site parking within the Parking Exemption district must be maintained.1

(Ord. 23-4 § 5 (Exh. A))
1Upon completion of a downtown parking study, this section of the code will be amended to reflect any new standards or an in-lieu fee.
A. Purpose. This section is intended to safeguard the historic and architectural character of St. Helena by recognizing and preserving significant historic and cultural resources in the Historic Preservation (HP) Overlay district. It establishes design standards for the preservation and rehabilitation of historically and culturally significant resources as well as standards to ensure new development in the Historic Preservation Overlay zone is architecturally compatible.
B. Applicability. The provisions of this section apply to parcels included in the Historic Preservation (HP) Overlay map on file with the city, including those properties on the city’s historic resources list (local register), properties designated as a local historic district, and properties designated as a historic resource.
C. Review for Compliance. All infill development proposals in the Historic Preservation Overlay district are subject to design review approval by the planning commission.
D. Standards for Preservation. This section establishes standards for the preservation of historic structures within the city.
1. Purpose. These standards implement the general plan’s policies related to the preservation and adaptive reuse of officially designated historic resources throughout the city and of structures having potential historical value within the city’s Historic Preservation Overlay zone.
2. Applicability. These standards must be utilized during the development/design review process as criteria against which to review exterior modifications within the Historic Preservation Overlay district requiring administrative or discretionary approval. The Secretary of the Interior’s Standards for Rehabilitation in subsection E of this section provide further detail on the treatment of historic properties.
3. Preservation and Rehabilitation of Existing Structures. In general, preservation and rehabilitation efforts must aim toward protecting the essential architectural features of a structure that help to identify its individual style and thereby further its contribution to the historic character of the surrounding neighborhood.
a. General Rehabilitation Principles.
i. Historic structures should be recognized for their own time and style. Rehabilitation should not try to create a preconceived concept of history, but should reuse existing or appropriate features.
ii. Rehabilitation of historic structures should retain and restore original elements first. If damage or deterioration is too severe, the element should be recreated using original materials to match the color, design, texture, and any other important design features.
iii. When replacement is necessary and original material cannot be obtained, substitution material should incorporate the color, design, and texture that conveys the visual appearance of the original material.
iv. The proposed alteration must reflect the original building exterior and site design features as determined from an early photograph, original building plans, or other evidence of original building features. This includes building and site design materials and colors, including walls, fences and roofing.
b. Doors.
i. The front door of a historic structure must fit the particular style of the structure. The shape, size, and style of doors are important features of all historical architectural styles and the original design/type must be maintained.
ii. Repair rather than replace original doors whenever possible. When replacement is necessary, the replacement door must match the original design and materials as closely as possible.
iii. If the original door is missing, appropriate design and materials must be selected by studying the doors of similar structures in the surrounding neighborhood or consulting books on architectural styles.
c. Exterior Materials.
i. The original exterior building materials must be retained whenever possible. It is not desirable to use mismatched materials of different finishes, shapes, sizes, or textures.
ii. Structures with original wood siding must not be stuccoed in an attempt to modernize their appearance. Likewise, plastic shingles must not be used to replace wood siding or shingles.
iii. Original siding materials must not be covered over, cladded, or replaced with a different material.
iv. Brick surfaces must not be sandblasted in an attempt to remove old paint. Sandblasting damages the natural fired surface of the brick, and causes it to lose its water repellent qualities. Also, mechanical grinders must not be used to remove mortar as this can damage the brick surrounding the joint.
v. Nondurable contemporary substitute materials, such as vinyl siding and foam trim, are not acceptable.
d. Ornamentation and Trim.
i. Authentic decoration and trim on a structure provides the character defining features and identifies the structure with its particular architectural style. Original architectural elements such as cornices, moldings, and trim must not be removed.
ii. Deteriorated architectural features shall be repaired rather than replaced wherever possible. If replacement is necessary, new materials shall match the original in design, color, texture, and other visual qualities. If the original was painted, the substitute materials shall be painted as well.
e. Porches and Stairs. During rehabilitation efforts, the design integrity of the front porch must not be compromised. Front porches must not be enclosed with walls or windows.
f. Roofs.
i. Roofing must be watertight and utilize roofing materials that are compatible with the original style of the structure. When replacement is necessary roofing materials must be selected that are appropriate to the structure’s architectural style.
ii. Roof form and eave details, such as rafter tails, vents, parapets, dormers, and other architectural features, must be preserved. When repairing or altering a roof, the original roof pitch and orientation to the street must be maintained.
iii. It should be recognized that fire safety requirements may preclude reroofing a structure in its original material. The determination of what material to use for the replacement of wood shingles or shakes in historic structures must be based on compatibility with the colors and materials used elsewhere on the structure.
g. Windows.
i. The shape, size, and style of windows are an important feature of architectural styles and the original type window must be maintained.
ii. When window replacement is necessary, it is recommended that the new window be an exact match of the original.
iii. Proportions of existing window openings and the pattern of existing window sashes must be maintained in replacement work.
iv. Aluminum or plastic frame windows must not be used as replacements on any part of a historic structure without justification. The use of such materials is highly visible and the contrast of materials and styles can permanently affect the architectural integrity of the structure. The use of traditional materials is preferred treatment.
v. Where the original structure includes transom windows in the St. Helena Historic Commercial district, this traditional storefront must be retained. If the ceiling inside the structure has been lowered, the ceiling must be stepped up to meet the transom so that light will penetrate the building interior.
4. Additions to Existing Structures. Additions to historic structures may be necessary to ensure their continued use. Modifications (e.g., additions, new entrances and exits, parking facilities, handicap facilities, and seismic strengthening) must be made with care so as not to compromise a structure’s character defining features, finishes, or materials.
a. Site Plan Considerations. Additions must be carefully placed to minimize changes in the appearance of the structure from the public right-of-way. Whenever possible, additions must be placed to the side or rear of the structure and must not obstruct the appearance of the structure from the public right-of-way.
b. Architectural Compatibility.
i. Additions to historically valuable structures should incorporate the architectural features of the original structures including:
(A) Door and window shape, size, and type;
(B) Exterior materials;
(C) Finished floor height; and
(D) Roof material, pitch, and style.
ii. Refer to the rehabilitation standards, subsection (D)(3) of this section, for discussion of appropriate exterior doors, porches, wall materials, windows, etc.
c. Roof Pitch and Style.
i. The roof of a structure, especially its pitch and style, is an important architectural element that must be taken into consideration when planning an addition.
ii. Whenever possible, the pitch and style on the addition must match the original.
iii. Roof materials must be compatible to the existing building.
d. Second—Story Additions.
i. Because adding an additional story to an existing structure will always change the structure’s proportions, such additions must be carefully designed to follow similar two-story examples of the particular style that may be found in the surrounding neighborhood.
ii. To minimize the visibility of the second-story addition from the public right-of-way, the addition must be stepped back behind the existing roof ridge.
5. Review for Compliance.
a. Rehabilitation projects that do not expand the existing building or structure and which are consistent with the standards of the Historic Preservation Overlay may be approved administratively by the community development department.
b. Rehabilitation projects which are inconsistent with the standards of the Historic Preservation Overlay require design review by the planning commission, as established in Section 17.05.070, Major design review.
c. All new construction or additions that are visible from the public right-of-way or more than a twenty-five percent (25%) increase of the existing floor area of the primary structure require major design review by the planning commission, as established in Section 17.05.070, Major design review.
E. Secretary of the Interior’s Standards. The Secretary of the Interior’s Standards for Rehabilitation are ten (10) basic principles created to help preserve the distinctive character of a historic building and its site, while allowing for reasonable changes to meet new needs. These standards are mandatory for listed buildings.
1. A property shall be used for its historic purpose or be placed in a new use that requires minimal change to the defining characteristics of the building and its site and environment.
2. The historic character of a property shall be retained and preserved. The removal of historic material or alteration of features and spaces that characterize a property shall be avoided.
3. Each property shall be recognized as a physical record of its time, place, and use. Changes that create a false sense of historical development, such as adding conjectural features or architectural elements from other buildings, shall not be undertaken.
4. Most properties change over time; those changes that have acquired historic significance in their own right shall be retained and preserved.
5. Distinctive features, finishes, and construction techniques or examples of craftsmanship that characterize a historic property shall be preserved.
6. Deteriorated historic features shall be repaired rather than replaced. Where the severity of deterioration requires replacement of a distinctive feature, the new feature shall match the old in design, color, texture, and other visual qualities and, where possible, materials. Replacement of missing features shall be substantiated by documentary, physical, or pictorial evidence.
7. Chemical or physical treatments, such as sandblasting, that cause damage to historic material shall not be used. The surface cleaning of structures, if appropriate, shall be undertaken using the gentlest means possible.
8. Significant archeological resources affected by a project shall be protected and preserved. If such resources must be disturbed, mitigation measures shall be undertaken.
9. New additions, exterior alterations, or related new construction shall not destroy historic materials that characterize the property. The new work shall be differentiated from the old and shall be compatible with the massing, size, scale, and architectural features to protect the historic integrity of the property and its environment.
10. New additions and adjacent or related new construction shall be undertaken in such a manner that if removed in the future, the essential form and integrity of the historic property and its environment would be unimpaired.
F. Standards for New Construction/Infill Development. This section establishes standards to be used in review of new and infill development within the Historic Preservation Overlay zoning district for which a discretionary permit is required.
1. Purpose. These standards are intended to encourage new infill development in the Historic Preservation Overlay district to be compatible in scale and treatment with the existing, older development and to maintain the overall historic character and integrity of the community. At the same time, these standards are intended to promote the visual variety that is characteristic of St. Helena, to allow for contemporary architectural designs, and to provide reasonable flexibility in accommodating the tastes, preferences and creativity of applicants proposing new development, especially individual single-family homes.
2. Standards for Compatibility. New construction within the Historic Preservation Overlay must be designed to maintain any unifying development patterns such as setbacks, building coverage, building height, degree of transparency, eave depth, and orientation to the street. When new structures are developed adjacent to older single-family residences, there are concerns that the bulk and height of the infill structures may have a negative impact on the adjoining smaller-scale structures. The following standards are intended to address this concern:
a. Site Plan Considerations.
i. New development must continue the functional, on-site relationships of the surrounding neighborhood or district. For example, common patterns that must be continued are entries facing the public right-of-way, front porches, and garages/parking areas located at the rear of the parcel.
ii. Front setbacks for new infill development must follow either of the following criteria:
(A) Equal to the average front setback of all residences on both sides of the street within one hundred (100) feet of the property lines of the new project; or
(B) Equal to the average front setback of the two immediately adjoining structures on each side of the new project.
iii. In cases where averaging between two adjoining existing structures is chosen, the new structure may be averaged in a stepping pattern. This method can work especially well where it is desirable to provide a large front porch along a portion of the front facade.
b. Architectural Considerations.
i. New infill structures must support the distinctive architectural characteristics of development in the surrounding neighborhood or district, including building mass, scale, proportion, decoration/detail, door and window spacing/rhythm, exterior materials, finished-floor height, porches, and roof pitch and style.
ii. Because new infill structures are likely to be taller than one story, their bulk and height can impose on smaller-scale adjoining structures. The height of new structures must be considered within the context of their surroundings. Structures with greater height should consider providing greater setbacks at the second-story level, to reduce impacts (e.g., blocking or screening of air and light, privacy, etc.) on adjoining single-story structures.
iii. The incorporation of balconies and porches is encouraged for both practical and aesthetic reasons. These elements must be integrated to break up large front facades and add human scale to the structures.
iv. The proper use of building materials can enhance desired neighborhood qualities (e.g., compatibility, continuity, harmony, etc.). The design of infill structures must incorporate an appropriate mixture of the predominant materials in the surrounding neighborhood whenever possible. Common materials are brick, horizontal siding, shingles, stone, stucco, and wood.
v. Color schemes for infill structures must consider the color schemes of existing structures in the surrounding neighborhood or district in order to maintain compatibility and harmony. Avoid sharp contrasts with existing building colors.
vi. New structures which are wider that the traditional width must be designed to read as smaller modules reflecting the traditional building widths.
vii. Building heights must remain within twenty percent (20%) of the average height of adjacent buildings.
viii. Design of new development must reflect the horizontal elements of adjacent buildings. Horizontal elements may include an alignment of window frames, roof lines, facades and clear distinction between first floors and upper floors.
c. Single-Family Residences.
i. Use materials and building components in sizes that are typical of the historic building stock. This may include wood siding, vertical siding, or natural stone foundations no taller than twelve (12) inches.
ii. Foundation and floor-to-ceiling heights must be aligned within one foot of floor to ceiling heights on adjacent buildings if the adjacent parcels also have a Historic Preservation Overlay designation.
iii. Historic architectural styles (e.g., craftsman, Victorian, bungalow, etc.) are not mandated. However, contemporary architectural treatments proposed for new residences must complement and not detract from the qualities of the historic overlay district and the neighborhood setting of the proposed development.
iv. To the extent that a proposed residence is not readily visible from a public street, other public vantage point, or a significant historic resource, greater design flexibility must be allowed.
d. Sustainable Construction Techniques.
i. Building forms that reduce energy use may be radically different than traditional architectural types. Careful and sensitive design is required in order to produce a contrast that is pleasing rather than jarring. The use of appropriate colors and textures on exterior materials is one method of linking a contemporary building design to a traditional neighborhood context.
ii. Roof gardens, solar panels, and other sustainable construction features must be fully integrated into the design of new construction, rather than applied at the conclusion of the design process.
e. Accessory Structures.
i. New accessory structures (e.g., garages, second units, sheds, etc.) that are visible from the public right-of-way must incorporate the similar architectural features (e.g., color, materials, roof pitch and style, etc.) of the main structure, but can be less elaborate than the main structure.
ii. Design features must be applied with less detail on the accessory structure so that it does not compete with the main structure and is clearly subordinate to it.
G. Use of California Historic Building Code. The property owner of a property within the Historic Preservation Overlay district may elect to use the California Historic Building Code for alterations, restorations, new construction, removal, relocation, or demolition of a designated historic resource provided the building official determines that such use of the code does not endanger the public health or safety, and such action is necessary for the continued preservation of a historic resource. (Ord. 23-4 § 5 (Exh. A))
A. Purpose. The Planned Development Overlay (PD) district recognizes the advantage that integrated community planning offers over conventional zoning techniques in implementing the general plan goals. The PD Overlay district is specifically envisioned as a mechanism to preserve and/or create distinctive, high-quality single or mixed-use developments that meet or exceed the goals of the general plan. The provisions of the PD Overlay district are intended to:
1. Implement the goals, objectives, and policies of the general plan and the zoning code;
2. Provide for greater flexibility in the design of the developments than is otherwise possible through the strict application of zone regulations;
3. Encourage preservation of existing amenities and creation of new amenities;
4. Provide for a variety of housing types and densities;
5. Reduce environmental impacts;
6. Achieve superior relationships among uses, both within and surrounding the district;
7. Promote innovation, creativity and design excellence in building design and development concepts; and
8. Promote the development of a cohesive, high-quality and aesthetically pleasing urban structure.
B. Standards and Requirements. The following regulations shall apply within PD Overlay districts, which shall also be subject to other provisions of this chapter, except that where a conflict in regulation occurs, the requirements specified in the approved PD Overlay district shall apply.
1. Area. The minimum area on which a PD Overlay district may be established is one acre of contiguous land. However, a PD Overlay district may be established for an area of less than one contiguous acre upon a finding that the property is suitable as a PD Overlay district by virtue of its relationship to adjacent parcels and their development plans (existing or proposed), unique historical character, topography, landscaping features, or by virtue of being a unique or isolated problem area.
2. Land Use. A single land use or multiple land uses permitted in any other district may be permitted in the proposed PD Overlay district, provided the use or uses are compatible with each other and serve to fulfill the purpose of the proposed development while complying with the general plan.
3. Development Standards. Standards for lot area, building coverage, building height, setback requirements, minimum open space area, sign placement and design, off-street parking, landscaping, and screening for the proposed development shall be established for the PD Overlay district and shall prevail over the development standards of the base district zoning of the property. No structure or improvement shall be constructed within the PD Overlay district except in compliance with all provisions of the adopted PD Overlay district. Each structure or improvement shall be constructed and maintained in strict compliance with all conditions of the PD Overlay district.
4. Parks and Open Space. Land designated as parks and/or open space shall be conveyed, at the option of the city, to one of the following:
a. Trustees provided in an indenture establishing an association of property owners or similar organization, subject to covenants running with the land, satisfactory to the city attorney, which restrict the open space in a manner that assures its continuing use for its intended purpose, and which provide a legal means for the city to enforce these provisions; or
b. The city in a manner satisfactory to the city council.
5. Rights-of-Way. The streets, bike paths, and pedestrian ways within and bordering a PD Overlay district shall be offered for dedication to the city. Standards for public improvements shall be governed by applicable regulations and laws of the city or shall be as established by the public works department for the development under consideration.
6. Other Standards. Where the PD Overlay district is silent regarding particular development standards, the development standards of the applicable base zoning district shall apply.
7. Departures from standards ordinarily required in other districts and permitted in the initial approval of a PD Overlay district shall not be considered as precedent-setting in terms of other applications that may be brought before the city.
C. Initiation. An application for a PD Overlay designation may be initiated by the city council, planning commission, community development director, or the owner or authorized agent of the owner of the property in compliance with Chapter 17.07, Amendments to the Zoning Map and Text.
D. Application Requirements. An application for a PD Overlay designation shall be accompanied by:
1. A written and/or diagrammatic project description that provides sufficient information to evaluate the merits of the proposed zoning. Application requirements shall be in accordance with the project application submittal requirements as determined by the community development director. In addition, an application for a PD Overlay district shall include the following items:
a. A site features map depicting the existing topography, structures, and natural features, including areas of significant vegetation. Properties within three hundred (300) feet of the site shall be included on the site features map.
b. The description of the infrastructure necessary for each phase of the proposed project.
c. A statement as to how a proposed residential project will comply with the city’s inclusionary housing requirements.
d. Any other information that the community development director determines to be necessary to properly evaluate the project.
2. A policy statement which sets forth the following items within each land use proposed in the development plan:
a. Principal permitted uses.
b. Accessory uses.
c. Uses permitted by conditional use permit.
d. A statement of provisions for ultimate ownership and maintenance of all parts of the development, including streets, structures, hillside areas (if such exist) and open spaces.
e. District regulations including:
i. Minimum lot sizes;
ii. Minimum lot widths;
iii. Maximum density (residential) and FAR (nonresidential);
iv. Minimum setbacks, including yard setbacks from adjacent properties and between differing uses;
vi. Maximum lot coverage for structures (structures include paved areas except for those on single-family detached residential lots);
vii. Accessory building requirements, including setbacks, height limits and location;
viii. Parking requirements;
ix. Design guidelines; and
x. A listing of district regulations or standards to be adopted by ordinance at the time of final approval.
3. A development plan which identifies the following items:
a. Proposed land use by type, acreage, residential densities and nonresidential uses, expressed in gross square footage of floor area;
b. The proposed circulation pattern within the development and connections to the surrounding circulation patterns, including public and private vehicular, bicycle, and pedestrian ways; transit stop locations; preliminary locations and widths of streets and alleys; and estimated traffic generation as it affects public streets within and adjacent to the project;
c. Site features that influence the development of the site;
d. A preliminary grading and drainage plan;
e. Recreational and open space amenities and public plazas where applicable for nonresidential development;
f. Preliminary sketch evaluations of all proposed buildings and structures from all major vantage points; and
g. If a phased development, each phase shall be indicated including location, structures, infrastructure and timing.
4. The approval authority may waive any of the above required information items if it is determined they are unnecessary or unreasonable under the circumstances.
E. Preliminary Review and Application.
1. Preliminary Review by Community Development Director. Before the city will accept an application for a PD Overlay district designation, the applicant shall submit a statement of intent and preliminary development plan for preliminary review and comment by the community development director. The statement of intent and preliminary development plan must:
a. Include sufficient information to assist in the review of the application and to ensure that the application meets all the required findings provided in subsection G of this section.
b. Demonstrate that the proposed development would result in a more desirable development than would otherwise be permitted under the applicable base zoning district standards.
c. Include the information and materials specified in the department handout for a Planned Development Overlay application, together with the required fee.
The community development director may waive the requirements for any of the information required above if it is determined that the information is unnecessary in order to complete a review of the PD Overlay application.
2. Application. An application for a PD Overlay district designation shall be prepared, filed, and processed in compliance with Section 17.04.020, Application process.
F. Review Procedures.
1. Zoning Map Amendment. An application for a PD Overlay district designation shall be processed as an amendment to the zoning map, according to the procedures of Chapter 17.07, Amendments to the Zoning Map and Text.
2. Tentative Subdivision Map. When a PD Overlay district designation requires the submission of a tentative subdivision map, this map and all supporting documents shall be prepared and submitted concurrently with the application for the PD district.
3. Major Design Review. Prior to issuance of a building permit, development within a PD Overlay district shall be subject to the requirements of Section 17.05.070, Major design review.
G. Required Findings. An application for a PD Overlay district designation shall be approved only if all the following findings are made:
1. The proposed development is consistent with the general plan and any applicable specific plan, including the density and intensity limitations that apply;
2. The subject site is physically suitable for the type and intensity of the land use being proposed;
3. Adequate transportation facilities and public services exist or will be provided in accord with the conditions of development plan approval to serve the proposed development; and the approval of the proposed development will not result in a reduction of traffic levels of service or public services so as to be a detriment to public health, safety, or welfare;
4. The proposed development will not have a substantial adverse effect on surrounding land uses and will be compatible with the existing and planned land use character of the surrounding area;
5. Any exception from standard zoning development requirements is warranted by the design and amenities incorporated into the development plan in accord with adopted policies of the planning commission and city council;
6. The proposed development is demonstratively superior to the development that could occur under the standards applicable to the underlying base zoning district, and will achieve superior community design, environmental preservation, and/or substantial public benefit; and
7. The existing or proposed utility services are adequate for the population densities and nonresidential components of the development plan.
H. Conditions. In addition to the provisions in Section 17.04.110, Authority to apply conditions of approval, when approving an application for a PD Overlay district, the approval authority may impose conditions deemed necessary to:
1. Ensure that the proposal conforms in all significant respects with the general plan and with any other applicable plans or policies that the city has adopted;
2. Achieve the general purposes of this title or the specific purpose of the zoning district in which the project is located;
3. Achieve the findings listed above; or
4. Mitigate any potentially significant impacts identified as a result of review conducted in compliance with the requirements of the California Environmental Quality Act.
I. Termination and Extension.
1. Termination of a PD Overlay District. If, within two years after the approval of a PD Overlay district application by the city council, the required design review approvals (refer to Section 17.05.070, Major design review, and Section 17.05.080, Minor design review) have not been obtained and the construction specified in the development plan has not commenced, the planning commission shall review with the applicant(s) the reasons for not initiating the project development. The planning commission may initiate consideration of reclassification, hold public hearings, and make recommendation to the city council to remove the PD Overlay district designation over all or part of the area.
2. Extension. Procedures for the extension of an approved PD Overlay district application are established in Section 17.04.140, Extension of permits and approvals. Upon granting of an extension, changes to a previously approved conditional zoning map amendment applications may be subject to the following:
a. Modification of previously required conditions of approval as warranted by interim changes in the area and/or to ensure continued compatibility with any improvements within the context area; or
b. Site plan revisions as necessary to comply with any ordinance or zoning code amendments that may have taken effect since the time of the original approval. (Ord. 23-4 § 5 (Exh. A))
A. Purpose. This chapter establishes standards for specific uses and activities that are permitted (P), permitted with a minor use permit (MUP), or permitted with a conditional use permit (CUP) in the zoning districts established in Chapter 17.15, Establishment of Base Zoning Districts. These provisions are supplemental standards and requirements to minimize the impacts of these uses and activities on surrounding properties and to protect the health, safety, and welfare of their occupants and of the public.
B. Applicability. Each land use and activity covered by this chapter must comply with the requirements of the section applicable to the specific use or activity, in addition to any applicable standard this title requires in the zoning district where the use or activity is proposed and all other applicable provisions of this title. (Ord. 23-4 § 5 (Exh. A))
A. All Accessory Uses. An accessory use must be secondary to a primary use and must be allowed only in conjunction with a principal use or building to which it relates under the same regulations as the main use in any zone. These regulations are found in the land use regulation tables in Division III of this title, District Regulations, and may be subject to specific standards found in this chapter or within each zoning district, as specified in the tables. Accessory uses and structures are also subject to the development and site regulations found in Division IV of this title, Citywide Standards.
B. Commercial Accessory Uses. Clearly subordinate commercial accessory uses shall encompass no more than fifteen percent (15%) of the business floor area and shall generate no more than fifteen percent (15%) of the gross revenue receipts. Any expansion of the building footprint or business floor area to accommodate an accessory use shall require a use permit and/or design review as appropriate. A business may have more than one accessory use, but each accessory use must comply with the limitations on floor space and gross receipts, and the total combined area of accessory uses shall not exceed thirty percent (30%) of the business floor area and the total combined revenue from the accessory uses shall not exceed thirty percent (30%) of the gross receipts. (Ord. 23-4 § 5 (Exh. A))
A. Purpose. The purpose of this section is to allow and regulate accessory dwelling units (ADUs) and junior accessory dwelling units (JADUs) in compliance with California Government Code Sections 65852.2 and 65852.22.
B. Effect of Conforming. An ADU or JADU that conforms to the standards in this section will not be:
1. Deemed to be inconsistent with the city’s general plan and zoning designation for the lot on which the ADU or JADU is located.
2. Deemed to exceed the allowable density for the lot on which the ADU or JADU is located.
3. Considered in the application of any local ordinance, policy, or program to limit residential growth.
4. Required to correct a nonconforming zoning condition as defined in subsection C of this section. This does not prevent the city from enforcing compliance with applicable building standards in accordance with California Health and Safety Code Section 17980.12.
C. Definitions. As used in this section, terms are defined as follows:
“Accessory dwelling unit” or “ADU” means an attached or a detached residential dwelling unit that provides complete independent living facilities for one or more persons and is located on a lot with a proposed or existing primary residence. An accessory dwelling unit also includes the following:
1. An efficiency unit, as defined by Section 17958.1 of the California Health and Safety Code; and
2. A manufactured home, as defined by Section 18007 of the California Health and Safety Code.
“Accessory structure” means a structure that is accessory and incidental to a dwelling located on the same lot.
“Complete independent living facilities” means permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the single-family or multifamily dwelling is or will be situated.
“Efficiency kitchen” means a kitchen that includes each of the following:
1. A cooking facility with appliances.
2. A food preparation counter and storage cabinets that are of a reasonable size in relation to the size of the ADU.
“Junior accessory dwelling unit” or “JADU” means a residential unit that satisfies all of the following:
1. Is no more than five hundred (500) square feet in size;
2. Is contained entirely within an existing or proposed single-family structure. An enclosed use within the residence, such as an attached garage, is considered to be part of and contained within the single-family structure;
3. Includes its own separate sanitation facilities or shares sanitation facilities with the existing or proposed single-family structure;
4. If the unit does not include its own separate bathroom, then it contains an interior entrance to the main living area of the existing or proposed single-family structure in addition to an exterior entrance that is separate from the main entrance to the primary dwelling;
5. Includes an efficiency kitchen, as defined in this subsection C; and
6. Includes a separate entrance from the main entrance to the structure.
“Livable space” means a space in a dwelling intended for human habitation, including living, sleeping, cooking, eating, or sanitation.
“Living area” means the interior habitable area of a dwelling unit, including basements and attics, but does not include a garage or any accessory structure.
“Nonconforming zoning condition” means a physical improvement on a property that does not conform with current zoning standards.
“Passageway” means a pathway that is unobstructed clear to the sky and extends from a street to one entrance of the ADU or JADU.
“Proposed dwelling” means a dwelling that is the subject of a permit application and that meets the requirements for permitting.
“Public transit” means a location, including, but not limited to, a bus stop or train station, where the public may access buses, trains, subways, and other forms of transportation that charge set fares, run on fixed routes, and are available to the public.
“Tandem parking” means that two or more automobiles are parked on a driveway or in any other location on a lot, lined up behind one another.
D. Approvals. The following approvals apply to ADUs and JADUs under this section:
1. Building Permit Only. If an ADU or JADU complies with each of the general requirements in subsection E of this section, it is allowed with only a building permit in the following scenarios:
a. Converted on single-family lot: one ADU as described in this subsection and one JADU on a lot with a proposed or existing single-family dwelling on it, where the ADU or JADU:
i. Is either: within the space of a proposed single-family dwelling; within the existing space of an existing single-family dwelling; or (in the case of an ADU only) within the existing space of an accessory structure, plus up to one hundred fifty (150) additional square feet. For purposes of this subsection, “within the existing space” includes a structure that is constructed in the same location and to the same dimensions.
ii. Has exterior access that is independent of that for the single-family dwelling.
iii. Has side and rear setbacks sufficient for fire and safety, as dictated by applicable building and fire codes.
iv. The JADU complies with requirements of California Government Code Sections 66333 through 66339.
b. Detached on single-family lot: one detached, new-construction ADU on a lot with a proposed or existing single-family dwelling (in addition to any JADU that might otherwise be established on the lot under subsection (D)(1)(a) of this section), if the detached ADU satisfies the following limitations:
i. The side and rear yard setbacks are at least four feet.
ii. The total floor area is eight hundred (800) square feet or smaller.
iii. The peak height above grade does not exceed the applicable height limit in subsection (E)(2) of this section.
c. Converted on multifamily lot: one or more ADUs within portions of existing multifamily dwelling structures that are not used as livable space, including, but not limited to, storage rooms, boiler rooms, passageways, attics, basements, or garages, if each converted ADU complies with state building standards for dwellings. Under this subsection (D)(1)(c), at least one converted ADU is allowed within an existing multifamily dwelling, up to a quantity equal to twenty-five percent (25%) of the existing multifamily dwelling units.
d. Detached on multifamily lot: no more than two detached ADUs on a lot with a proposed multifamily dwelling, or up to eight detached ADUs on a lot with an existing multifamily dwelling if each detached ADU satisfies all of the following limitations:
i. The side and rear yard setbacks are at least four feet. If the existing multifamily dwelling has a rear or side yard setback of less than four feet, the city will not require any modification to the multifamily dwelling as a condition of approving the ADU.
ii. The peak height above grade does not exceed the applicable height limit in subsection (E)(2) of this section.
iii. If the lot has an existing multifamily dwelling, the quantity of detached ADUs does not exceed the number of primary dwelling units on the lot.
2. Process and Timing.
a. An application for an ADU or JADU is considered and approved ministerially, without discretionary review or a hearing.
b. The city must approve or deny an application to create an ADU or JADU within sixty (60) days from the date that the city receives a completed application. If the city has not approved or denied the completed application within sixty (60) days, the application is deemed approved unless either:
i. The applicant requests a delay, in which case the sixty (60) day time period is tolled for the period of the requested delay; or
ii. When an application to create an ADU or JADU is submitted with a permit application to create a new single-family or multifamily dwelling on the lot, the city may delay acting on the permit application for the ADU or JADU until the city acts on the permit application to create the new single-family or multifamily dwelling, but the application to create the ADU or JADU will still be considered ministerially without discretionary review or a hearing.
c. If the city denies an application to create an ADU or JADU, the city must provide the applicant with comments that include, among other things, a list of all the defective or deficient items and a description of how the application may be remedied by the applicant. Notice of the denial and corresponding comments must be provided to the applicant within the sixty (60) day time period established by subsection (D)(2)(b) of this section.
d. A demolition permit for a detached garage that is to be replaced with an ADU is reviewed with the application for the ADU and issued at the same time.
E. General ADU and JADU Requirements. The following requirements apply to all ADUs and JADUs:
1. Zoning.
a. An ADU subject only to a building permit under subsection (D)(1) of this section may be created on a lot in a residential or mixed-use zone.
b. An ADU permitted under subsection (D)(2) of this section may be created on a lot that is zoned to allow single-family dwelling residential use or multifamily dwelling residential use.
c. In accordance with Government Code Section 66333(a), a JADU may only be created on a lot zoned for single-family residences.
2. Height.
a. Except as otherwise provided by subsections (E)(2)(b) and (E)(2)(c) of this section, a detached ADU created on a lot with an existing or proposed single-family or multifamily dwelling unit may not exceed sixteen (16) feet in height.
b. A detached ADU may be up to eighteen (18) feet in height if it is created on a lot with an existing or proposed single-family or multifamily dwelling unit that is located within one-half mile walking distance of a major transit stop or high quality transit corridor, as those terms are defined in Section 21155 of the Public Resources Code, and the ADU may be up to two additional feet in height (for a maximum of twenty (20) feet) if necessary to accommodate a roof pitch on the ADU that is aligned with the roof pitch of the primary dwelling unit.
c. A detached ADU created on a lot with an existing or proposed multifamily dwelling that has more than one story above grade may not exceed eighteen (18) feet in height.
d. An ADU that is attached to the primary dwelling may not exceed twenty-five (25) feet in height or the height limitation imposed by the underlying zone that applies to the primary dwelling, whichever is lower. Notwithstanding the foregoing, ADUs subject to this subsection (E)(2)(d) may not exceed two stories.
e. For purposes of this subsection (E)(2), height is measured from existing legal grade or the level of the lowest floor, whichever is lower, to the peak of the structure.
3. Fire Sprinklers.
a. Fire sprinklers are required in an ADU if sprinklers are required in the primary residence.
b. The construction of an ADU does not trigger a requirement for fire sprinklers to be installed in the existing primary dwelling.
4. Rental Term. No ADU or JADU may be rented for a term that is shorter than thirty (30) days. This prohibition applies regardless of when the ADU or JADU was created.
5. No Separate Conveyance. An ADU or JADU may be rented, but, except as otherwise provided in Government Code Section 66341, no ADU or JADU may be sold or otherwise conveyed separately from the lot and the primary dwelling (in the case of a single-family lot) or from the lot and all of the dwellings (in the case of a multifamily lot).
6. Septic System. If the ADU or JADU will connect to an on-site water-treatment system, the owner must include with the application a percolation test completed within the last five years or, if the percolation test has been recertified, within the last ten (10) years. Refer to the county of Napa’s environmental health department regulations.
7. Owner Occupancy.
a. An ADU that is created under this section on or after January 1, 2020, is not subject to any owner-occupancy requirement.
b. As required by state law, all JADUs are subject to an owner-occupancy requirement. A natural person with legal or equitable title to the property must reside on the property, in either the primary dwelling or JADU, as the person’s legal domicile and permanent residence. However, the owner-occupancy requirement of this subsection (E)(7)(b) does not apply if the property is entirely owned by another governmental agency, land trust, or housing organization.
8. Deed Restriction. Prior to issuance of a certificate of occupancy for a JADU, a deed restriction must be recorded against the title of the property in the county recorder’s office and a copy filed with the community development director. The deed restriction must run with the land and bind all future owners. The form of the deed restriction will be provided by the city and must provide that:
a. The JADU may not be sold separately from the primary dwelling.
b. The JADU is restricted to the approved size and to other attributes allowed by this section.
c. The deed restriction runs with the land and may be enforced against future property owners.
d. The deed restriction may be removed if the owner eliminates the JADU, as evidenced by, for example, removal of the kitchen facilities. To remove the deed restriction, an owner may make a written request of the community development director, providing evidence that the JADU has in fact been eliminated. The community development director may then determine whether the evidence supports the claim that the JADU has been eliminated. Appeal may be taken from the community development director’s determination consistent with other provisions of this code. If the JADU is not entirely physically removed, but is only eliminated by virtue of having a necessary component of a JADU removed, the remaining structure and improvements must otherwise comply with applicable provisions of this code.
e. The deed restriction is enforceable by the community development director or his or her designee for the benefit of the city. Failure of the property owner to comply with the deed restriction may result in legal action against the property owner, and the city is authorized to obtain any remedy available to it at law or equity, including, but not limited to, obtaining an injunction enjoining the use of the JADU in violation of the recorded restrictions or abatement of the illegal unit.
9. Rent Reporting. In order to facilitate the city’s obligation to identify adequate sites for housing in accordance with Government Code Sections 65583.1 and 66330, the following requirements must be satisfied:
a. With the building permit application, the applicant must provide the community development director with an estimate of the projected annualized rent that will be charged for the ADU or JADU.
b. Within ninety (90) days after each January 1st following issuance of the building permit, the owner must report the actual rent charged for the ADU or JADU during the prior year. If the community development director does not receive the report within the ninety (90) day period, the owner is in violation of this code, and the community development director may send the owner a notice of violation and allow the owner another thirty (30) days to submit the report. If the owner fails to submit the report within the thirty (30) day period, the community development director may enforce this provision in accordance with applicable law.
10. Building and Safety.
a. Must Comply With Building Code. Subject to subsection (E)(10)(b) of this section, all ADUs and JADUs must comply with all local building code requirements.
b. No Change of Occupancy. Construction of an ADU does not constitute a Group R occupancy change under the local building code, as described in California Building Code Section 310, unless the chief building official makes a written finding based on substantial evidence in the record that the construction of the ADU could have a specific, adverse impact on public health and safety. Nothing in this subsection (E)(10)(b) prevents the city from changing the occupancy code of a space that was uninhabitable space or that was only permitted for nonresidential use and was subsequently converted for residential use in accordance with this section.
F. Specific ADU Requirements. The following requirements apply only to ADUs that require an ADU permit under subsection (D)(2) of this section:
1. Maximum Size.
a. The maximum size of a detached or attached ADU subject to this subsection F is eight hundred fifty (850) square feet for a studio or one-bedroom unit and one thousand (1,000) square feet for a unit with two bedrooms. No more than two bedrooms are allowed.
b. An attached ADU that is created on a lot with an existing primary dwelling is further limited to fifty percent (50%) of the floor area of the existing primary dwelling.
c. Application of other development standards in this subsection F, such as FAR or lot coverage, might further limit the size of the ADU, but no application of the percent-based size limit in subsection (F)(1)(b) of this section or of an FAR, front setback, lot coverage limit, or open-space requirements may require the ADU to be less than eight hundred (800) square feet.
2. No ADU may cause the total gross floor area of the underlying zone to be exceeded, with the provision that all lots may have an ADU up to eight hundred (800) square feet.
3. Lot Coverage. No ADU subject to this subsection F may cause the total lot coverage of the lot to exceed the maximum lot coverage for the zoning district in which the ADU is proposed as established in Table 17.16.030(B), Development Standards—Residential Zoning Districts, subject to subsection (F)(1)(c) of this section.
4. Setbacks.
a. ADUs that are subject to this subsection F must conform to four-foot side and rear setbacks. ADUs that are subject to this subsection F must conform to the front setback as required by the underlying zoning district, subject to subsection (F)(1)(c) of this section.
b. No setback is required for an ADU that is subject to this subsection F if the ADU is constructed in the same location and to the same dimensions as an existing, nonconforming, enclosed structure.
5. Passageway. No passageway, as defined by subsectionC of this section, is required for an ADU.
6. Parking.
a. Generally. One off-street parking space is required for each ADU. The parking space may be provided in setback areas or as tandem parking, as defined by subsection C of this section.
b. Exceptions. No parking under subsection (F)(6)(a) of this section is required in the following situations:
i. The ADU is located within one-half mile walking distance of public transit, as defined by subsection C of this section.
ii. The ADU is located within an architecturally and historically significant historic district.
iii. The ADU is part of the proposed or existing primary residence or an accessory structure under subsection (D)(2)(a) of this section.
iv. When on-street parking permits are required but not offered to the occupant of the ADU.
v. When there is an established car share vehicle stop located within one block of the ADU.
vi. When the permit application to create an ADU is submitted with an application to create a new single-family or new multifamily dwelling on the same lot; provided, that the ADU or the lot satisfies any other criteria listed in subsections (F)(6)(b)(i) through (F)(6)(b)(v) of this section.
c. No Replacement. When a garage, carport, covered parking structure, or uncovered parking space is demolished in conjunction with the construction of an ADU or converted to an ADU, those off-street parking spaces are not required to be replaced.
7. Architectural Requirements.
a. The materials and colors of the exterior walls, roof, and windows and doors must be the same as those of the primary dwelling.
b. The roof slope must match that of the dominant roof slope of the primary dwelling. The dominant roof slope is the slope shared by the largest portion of the roof.
c. The exterior lighting must be limited to down-lights or as otherwise required by the zoning, building, or fire code.
d. The ADU must have an independent exterior entrance, apart from that of the primary dwelling.
e. The interior horizontal dimensions of an ADU must be at least ten (10) feet wide in every direction, with a minimum interior wall height of seven feet.
f. No window or door of the ADU may have a direct line of sight to an adjoining residential property. Each window and door must either be located where there is no direct line of sight or screened using fencing, landscaping, or privacy glass to prevent a direct line of sight.
g. All windows and doors in an ADU less than thirty (30) feet from a property line that is not a public right-of-way line must either be (for windows) clerestory with the bottom of the glass at least six feet above the finished floor, or (for windows and doors) utilize frosted or obscure glass.
8. Historical Protections. An ADU that is on real property that is listed in the California Register of Historic Resources must be located so as to not be visible from any public right-of-way.
9. Allowed Stories. No ADU subject to this subsection F may have more than one story, except that an ADU that is attached to the primary dwelling may have the stories allowed under subsection (E)(2)(d) of this section.
G. Fees. The following requirements apply to all ADUs that are approved under subsection (D)(1) or (D)(2) of this section:
1. Impact Fees.
a. No impact fee is required for an ADU that is less than seven hundred fifty (750) square feet in size. For purposes of this subsection (G)(1), “impact fee” means a fee under the Mitigation Fee Act (Gov. Code Section 66000(b)) and a fee under the Quimby Act (Gov. Code Section 66477). “Impact fee” here does not include any connection fee or capacity charge for water or sewer service.
b. Any impact fee that is required for an ADU that is seven hundred fifty (750) square feet or larger in size must be charged proportionately in relation to the square footage of the primary dwelling unit (e.g., the floor area of the ADU, divided by the floor area of the primary dwelling, times the typical fee amount charged for a new dwelling).
2. Utility Fees.
a. If an ADU is constructed with a new single-family home, a separate utility connection directly between the ADU and the utility and payment of the normal connection fee and capacity charge for a new dwelling are required. For detached ADUs where there is a demonstrated adequate sewer capacity acceptable to the city engineer and cleaning/review of the sewer lines has been performed with closed circuit television technology, and an application has been submitted to the city engineer to substantiate capacity calculations, a separate connection for the ADU is not required.
b. Except as described in subsection (G)(2)(a) of this section, converted ADUs on a single-family lot that are created under subsection (D)(1)(a) of this section are not required to have a new or separate utility connection directly between the ADU and the utility, nor is a connection fee or capacity charge required.
c. Except as described in subsection (G)(2)(a) of this section, all ADUs and JADUs that are not covered by subsection (G)(2)(b) of this section require a new, separate utility connection directly between the ADU and the utility for any utility that is provided by the city. All utilities that are not provided by the city are subject to the connection and fee requirements of the utility provider.
i. The connection is subject to a connection fee or capacity charge that is proportionate to the burden created by the ADU, based on either the floor area or the number of drainage-fixture units (DFU) values, as defined by the Uniform Plumbing Code, upon the water or sewer system.
ii. The portion of the fee or charge that is charged by the city may not exceed the reasonable cost of providing this service.
H. Nonconforming Zoning Code Conditions, Building Code Violations, and Unpermitted Structures.
1. Generally. The city will not deny an ADU or JADU application due to a nonconforming zoning condition, building code violation, or unpermitted structure on the lot that does not present a threat to the public health and safety and that is not affected by the construction of the ADU or JADU.
2. Unpermitted ADUs or JADUs Constructed Before 2020.
a. Permit to Legalize. As required by state law, the city may not deny a permit to legalize an existing but unpermitted ADU or JADU that was constructed before January 1, 2020, if denial is based on either of the following grounds:
i. The ADU or JADU violates applicable building standards; or
ii. The ADU or JADU does not comply with the state ADU or JADU law or this section.
b. Exemptions.
i. Notwithstanding subsection (H)(2)(a) of this section, the city may deny a permit to legalize an existing but unpermitted ADU or JADU that was constructed before January 1, 2020, if the city makes a finding that correcting a violation is necessary to comply with the standards specified in Health and Safety Code Section 17920.3.
ii. Subsection (H)(2)(a) of this section does not apply to a building that is deemed to be substandard in accordance with California Health and Safety Code Section 17920.3. (Ord. 25-2 § 2; Ord. 23-4 § 5 (Exh. A))
A. Purpose. It is recognized that the operation of the adult entertainment facilities specific in this section are among those certain land uses which, because of their nature, may have serious operational characteristics and deleterious effects upon their surroundings, as a result of their location and concentration within the city. Special regulations pertaining to these uses are necessary to ensure that these adverse effects will not contribute to the blighting or downgrading of the surrounding neighborhood nor otherwise adversely affect the public health, safety, morals, comfort, convenience, and general welfare. More specifically, it is recognized that development and proliferation without regulation as to location and concentration may result in the deterioration of residential and business neighborhoods, the attraction of large numbers of transients, an increase in crime, and, in the case of placement near schools and other youth-related facilities, an adverse effect upon the welfare and morals of minors residing within the city.
B. Location of Adult Entertainment Facilities. The following provisions apply to the location of adult entertainment facilities:
1. No adult entertainment facilities are permitted within five hundred (500) feet of any area zoned for residential use.
2. No adult entertainment facility is permitted within one thousand (1,000) feet of any other such facility.
3. No adult entertainment facility is permitted within five hundred (500) feet of any parcel or real property on which is located any of the following facilities:
a. A school primarily attended by minors;
b. A church which conducts religious education classes for minors; or
c. A public park or public recreation facility frequented by minors.
4. No adult entertainment facility is permitted with direct frontage or visible frontage from Highway 29.
C. Public Display of Certain Matter Prohibited. Materials offered for sale from adult news racks must not be displayed or exhibited in a manner which exposes to public view any pictures or illustrations depicting any specified sexual activity or any specified anatomical area. Materials offered for sale or viewing at any adult bookstore or any adult motion picture theater must not be displayed or exhibited in a manner which exposes any depiction of any specified sexual activity or any specified anatomical area to the view of persons outside the building or off the premises on which such store or theater is located.
D. Restrictions Cumulative. The restrictions provided in this section are in addition to any other applicable provision of this code. In the event of any conflict between any such provisions, the more restrictive must apply. (Ord. 23-4 § 5 (Exh. A))
A. Purpose. Establishments that serve alcoholic beverages receive special attention from the city because of their potential to create problems, such as littering, loitering, public intoxication and disturbances. All establishments selling alcoholic beverages are reviewed by the city.
B. Permits Required.
1. Conditional Use Permit. A conditional use permit must be obtained for all bars, brewpubs, micro-breweries, micro-distilleries, and wine-tasting rooms.
2. Minor Use Permit. A minor use permit must be obtained for full-service restaurants.
C. Hours of Operation. Hours of operation shall be limited to the time period between six a.m and two a.m.
D. Location. The establishment shall not be located within one thousand (1,000) feet of the following:
1. A public park, playground, recreational area that is immediately adjacent to a public park, or youth facility, including a nursery school, preschool, or day care facility;
2. A public or private state-licensed or accredited school; or
3. An alcohol or other drug abuse recovery or treatment facility.
E. Lighting. The exterior of the establishment, including adjacent public sidewalks and parking areas, shall be illuminated during all hours of darkness during which the establishment is open such that:
1. Persons standing in those areas at night are identifiable; and
2. Required illumination is placed and shielded in a way that minimizes interference with the neighboring residences.
F. Findings. In evaluating a use permit application for any commercial establishment where liquor is served, the review approval authority shall take into consideration the following:
1. Comments from the police department;
2. Appropriateness of automobile and/or bicycle parking;
3. Potential for loitering;
4. Distance of the proposed establishment from other establishments;
5. Distance from areas used and zoned for residential use; and
6. Appropriateness of annual review of use permit.
This list does not represent an exclusive listing of those items which may be considered by the planning commission in evaluating a conditional use permit application for a commercial amusement use. (Ord. 23-4 § 5 (Exh. A))
A. Purpose. These regulations address the raising and keeping of animals and the areas in which domestic and farm animals are kept on private property. It is the intent of this section to protect the agricultural economic base of St. Helena, to preserve the existing lifestyle in residential areas, and to minimize potential adverse effects on adjoining property from the establishment of incompatible uses related to the raising and keeping of animals.
B. Applicability. Animal keeping is allowed as an accessory to a primary residential use. Animals may be kept in compliance with Title 6, Animals, and the standards established in this section.
C. Domestic Animals.
1. Small Domestic Animals. Small domestic animals may be kept as an accessory to a residential use in accordance with the following. Small domestic animals include dogs, cats, rabbits, and pigeons, and all animals recognized by regulation promulgated by the California Department of Fish and Wildlife as domestic animals except large domestic animals. Does not include roosters, quacking ducks, geese, pea fowl, goats, sheep, hogs, kennels or the presence of animals for commercial purposes.
a. Maximum Number. The following limits do not apply to small animals primarily kept in indoor enclosures such as fish, hamsters, and birds:
i. Parcels One-Half Acre or Less in Size. Up to four adult small domestic animals per unit may be kept on parcels of up to one-half acre in size.
ii. Parcels Greater Than One-Half Acre in Size. Eight adult small domestic animals per acre.
b. Nonconforming Small Domestic Animal Keeping. Residents having more than four adult small domestic animals at the time of the effective date of this title may continue to keep them; provided, that the animals:
i. Are licensed in compliance with Title 6, Animals;
ii. Are kept in a safe and sanitary environment; and
iii. Do not generate nuisance complaints that require abatement.
2. Potbellied Pigs. Potbellied pigs are permitted in the LR-1A, LR, and A-20 districts only and are subject to all standards of subsection (C)(1) of this section.
3. Hen Chickens. Hen chickens are permitted in the A-20 district only on lots greater than one acre and are subject to all standards of subsection (C)(1) of this section.
4. Large Domestic Animals. Large domestic animals including horses, burros, mules, domestic swine (excluding potbellied pigs), domestic cattle, sheep and goats may be kept as an accessory to a residential use in accordance with the following:
a. Minimum Lot Size. Two acres.
b. Maximum Number. Not more than one large domestic animal per acre.
5. Fencing and Enclosure Regulations.
a. Fencing.
i. Fenced Area Required. All animals, except small domestic animals kept indoors, must be kept in an area which is fenced to prevent the animals from roaming.
ii. Fenced Area Location. The fenced area must be wholly located within the rear yard of the residence where the animals are kept.
b. Enclosure.
i. Enclosure Required. Within the fenced area, an enclosure or shed must be provided of sufficient size to provide cover for the animals kept on the parcel. An enclosure is not required for cats or dogs.
ii. Enclosure Location. No part of the animal enclosure may be located within fifty (50) feet of any neighboring dwelling, within a required side or front setback, or within three hundred (300) feet of a community assembly facility, school or institution licensed by the state for the care or treatment of humans.
c. Animal fecal matter more than which can be safely and sanitarily utilized on the premises must be removed and must not be allowed to accumulate. (Ord. 23-4 § 5 (Exh. A))
A. Purpose. These regulations allow beekeeping in a manner that is respectful of the safety of persons that may be in close proximity to the apiary. Beekeeping can contribute to pollination and better harvests in gardens. By contributing to pollination, urban beekeeping is an important complement to urban food production and to the city’s sustainability goals stated in the general plan.
B. Standards.
1. It shall be the duty of every person on whose property bees are kept to adhere to good management practices and maintain bees in a condition that will reasonably prevent swarming and aggressive behavior.
2. It shall be the responsibility of the person on whose property the bees are kept to provide adequate water for the bees to prevent bees from seeking water in neighboring swimming pools, birdbaths, ponds or other community bodies of water.
3. A maximum of two beehives per lot on a parcel of land less than ten thousand (10,000) square feet.
4. A maximum of four beehives per lot on a parcel of land with an area over ten thousand (10,000) square feet.
5. Beehives are restricted to rear yards.
6. In order to ensure the appropriate height of the honeybee flight path:
a. The beehive entrance will be directed away from the neighboring property and situated behind a solid fence or hedge that is six feet in height running parallel to the property line; or
b. A beehive will be located a minimum of twenty-five (25) feet away from the neighboring property line.
C. Beekeeping Registration. Beekeeping registration is required prior to establishment of an apiary, as follows:
1. The applicant must submit and the community development director must review plans demonstrating compliance with the standards of this section.
2. The applicant must register the apiary with the county of Napa agricultural commissioner to receive notification of pesticide applications, pursuant to Section 29101 of the California Food and Agricultural Code.
3. The applicant must submit plans and a signed statement showing and agreeing to compliance with all obligations imposed by this section and holding the city harmless if the owner does not so comply.
D. Nuisance. Bees or hives shall be considered a public nuisance and subject to Chapter 17.13, Enforcement, when any of the following occurs:
1. Colonies of bees exhibit defensive or objectionable behavior or interfere with the normal use of neighboring properties.
2. Colonies of bees swarm.
3. Bees or hives do not conform to this section.
4. Hives become abandoned by resident bees or by the owner. (Ord. 23-4 § 5 (Exh. A))
A. Purpose. The purpose of this section is to:
1. Establish regulations for the operation of bed and breakfast inns; and
2. Establish findings for the processing of applications to operate bed and breakfast inns.
B. Establishment of Bed and Breakfast Inns. Bed and breakfast inns are subject to the following:
1. The use must be located in an existing residential dwelling;
2. The use must be conducted only by the property owner or manager living on the site of the bed and breakfast inn;
3. No meals must be served to persons other than to guests and residents of the bed and breakfast inn;
4. Bed and breakfast inns must be rented for periods of less than thirty (30) days;
5. A bed and breakfast inn must include no more than four guest rooms;
6. On-site parking for the underlying residential use must be provided on site or in perpetuity on an adjacent parcel in accord with the provisions of Chapter 17.26, Parking and Loading. In addition, one on-site parking space must be provided for each guest room. On-site parking must be designed and located so as not to detract from the residential character of the neighborhood and the buildings and structures of the bed and breakfast inn;
7. The use must, at all times, maintain city business licenses and pay all transient occupancy taxes required; and
8. The use must be contained entirely within the existing structure.
C. Findings Required. In approving a conditional use permit for a bed and breakfast inn, the planning commission shall make the following findings in addition to the conditional use permit findings contained in Chapter 17.05, Planning Permits and Approval. In approving a minor use permit for a bed and breakfast inn, the community development director shall make the following findings in addition to the minor use permit findings contained in Chapter 17.05, Planning Permits and Approval:
1. The establishment of a bed and breakfast inn is consistent with the purpose of the general plan.
2. The establishment of a bed and breakfast inn will not be detrimental to a building, structure, or feature of significant aesthetic, cultural, architectural or engineering interest or value of a historical nature.
3. The establishment of a bed and breakfast inn is compatible with, and will not be detrimental to, the character of the neighborhood and surrounding land uses. (Ord. 23-4 § 5 (Exh. A))
A. Purpose. The intent of this section is to prohibit marijuana cultivation facilities, medical marijuana dispensaries, medical marijuana deliveries, and commercial cannabis activities, as defined below, subject to limited and specified exceptions, within the city limits. It is recognized that it is a federal violation under the Controlled Substances Act to possess or distribute marijuana even if it is for medical purposes. Additionally, there is evidence of an increased incidence of crime-related secondary impacts in locations associated with marijuana cultivation facilities and medical marijuana dispensaries and in connection with medical marijuana deliveries, which is contrary to policies that are intended to promote and maintain the public’s health, safety, and welfare.
B. Applicability. This section applies to the following activities:
1. The opening or commencement of the operation of a marijuana cultivation facility, medical marijuana dispensary, or commercial cannabis activity;
2. The conversion of an existing business, facility, use, establishment, or location to a marijuana cultivation facility, medical marijuana dispensary, or commercial cannabis activity; and
3. The addition of a marijuana cultivation facility, medical marijuana dispensary, or commercial cannabis activity to any other existing business, facility, use, establishment or location.
C. Prohibitions and Limited Exceptions.
1. Medical marijuana dispensaries are prohibited in all zoning districts in the city and must not be established or operated anywhere in the city. The city must not issue, approve or grant any permit, license or other entitlement for the establishment or operation of a medical marijuana dispensary. No person may be the lessor of property where a medical marijuana dispensary is located. No person may participate as an employee, contractor, agent, volunteer, or in any manner or capacity in any medical marijuana dispensary in the city.
2. Marijuana cultivation facilities are prohibited in all zoning districts in the city and must not be established or operated anywhere in the city. The city must not issue, approve or grant any permit, license or other entitlement for the establishment or operation of a marijuana cultivation facility. No person may be the lessor of property where a marijuana cultivation facility is located. No person may participate as an employee, contractor, agent, volunteer, or in any manner or capacity in any marijuana cultivation facility in the city.
3. The prohibition against cultivation facilities established in subsection (C)(2) of this section, however, must not apply to a qualified patient cultivating marijuana/cannabis pursuant to California Health and Safety Code Section 11362.5 and the Guidelines for the Security and Non-Diversion of Marijuana Grown for Medical Use promulgated by the California Attorney General or to any individual cultivating marijuana for nonmedical use under the following circumstances:
a. The individual and/or patient maintains no more than six mature or twelve (12) immature marijuana/cannabis plants at a single private residence, or upon the grounds of that residence; and
b. The individual, patient or primary caregiver cultivates marijuana/cannabis for a patient’s or individual’s personal use and does not sell, distribute, donate, transmit, or provide marijuana/cannabis to any other person or entity; and
c. The location of all cultivation activities is located indoors, and housed completely within a structure with no external indication of cultivation activities (this limitation does not preclude the use of a greenhouse for cultivation); and
d. The property on which an individual is cultivating medical or recreational marijuana/cannabis has no more than one hundred (100) square feet devoted to the cultivation of marijuana/cannabis (the area used to cultivate marijuana/cannabis must be measured by the aggregate area of vegetative growth of live marijuana plants on the premises).
Notwithstanding this exception, an individual and/or patient cultivating marijuana may not create or cause a nuisance condition and the city may abate, in any manner permitted by law, a nuisance condition created or caused by, associated with, or arising from marijuana cultivation by a qualified patient.
4. All forms of commercial cannabis activities are prohibited in all zoning districts in the city with the exception of delivery services and must not be established or operated anywhere in the city. The city must not issue, approve or grant any permit, license or other entitlement for the establishment or operation of a commercial cannabis activity including any and all license classifications established in the Adult Use of Marijuana Act, California Health and Safety Code Section 26050, as it may be amended. No person may be the lessor of property where a commercial cannabis activity is located. No person may participate as an employee, contractor, agent, volunteer, or in any manner or capacity in any commercial cannabis activity in the city.
5. No person and/or entity may deliver or transport medical marijuana from any fixed or mobile location, either inside or outside the city, to any person in the city, except that a person may deliver or transport marijuana to a qualified patient (with an identification card, as those terms are defined in Health and Safety Code Section 11362.7, for whom they are the primary caregiver within the meaning of Health and Safety Code Sections 11362.5 and 11362.7(d)) or individual up to the maximum allowable amounts under current state regulations for the transportation of medical and recreational marijuana.
6. Nothing contained in this section must be deemed to permit or authorize any use or activity which is otherwise prohibited by any state or federal law.
D. Enforcement. The city may enforce this section in any manner permitted by law. The violation of this section must be and is hereby declared to be a public nuisance and contrary to the public interest and must, at the discretion of the city, create a cause of action for injunctive relief. (Ord. 23-4 § 5 (Exh. A))
Community gardens must be located, developed, and operated in compliance with the following standards:
A. Management. A manager must be designated for each garden who must serve as liaison between gardeners, property owner(s), and the city.
B. Hours of Operation. Gardens must only be tended between dawn and dusk.
C. Buildings and Structures. Accessory buildings, such as sheds, greenhouses, hoophouses, or farm stands, are allowed and must comply with the property development standards of the zoning district.
D. Equipment. Only household garden tools and equipment, applicators and products may be used. This includes soil preparation, cultivation, planting, application of chemicals, dust control, harvesting, etc. Pull-behind equipment is prohibited.
E. Operational Plan. The applicant must submit to the community development director an operational plan that identifies roles and responsibilities, contact information, and operations.
F. Maintenance.
1. The operator must be responsible for the overall maintenance of the site and must remove weeds, debris, etc., in a timely manner.
2. Soil amendments, composting, and waste material must be managed and must not attract nuisance flies or support growth of flies.
G. Sale of Produce. Incidental sales of items grown on site are permitted.
H. Composting. Composting is limited to the materials generated on site and must be used on site.
I. Utilities. The land must be served by a water supply sufficient to support the cultivation practices used on the site.
J. Restrooms. If proposed, restrooms must be connected to public utilities. Portable restrooms are not permitted. (Ord. 23-4 § 5 (Exh. A))
A. Purpose. This section has been adopted to:
1. Implement the requirements of Assembly Bill 1616 which amended state law to require municipalities to allow for cottage food operation within residences;
2. Establish reasonable standards allowed by state law to provide that cottage food operations within residences do not create unreasonable impacts or endanger public health, safety or welfare; and
3. Ensure compatibility of cottage food operations with the residential character of the neighborhoods in which cottage food operations are located.
B. Applicability. A cottage food operation is an accessory use permitted in any legally established dwelling, subject to standards in subsections C and D of this section and is a distinct use from a home occupation as defined in Section 17.22.130, Home occupations.
C. Standards. Cottage food operations are permitted accessory uses to residences; provided, that all of the following standards are met:
1. The use must be conducted within the kitchen of the subject dwelling unit except for attached rooms within the dwelling that are used exclusively for storage or bookkeeping. No greater than twenty-five percent (25%) of the dwelling may be used for the cottage food operation, and it must not be conducted within an accessory building.
2. The use is carried on only by a family member or household member occupying the dwelling, with no other person employed.
3. The cottage food operation must not invite customers to the residence and the operation must not transact business with customers at the residence.
4. No signage or advertisement identifying the cottage food operation is permitted at the premises.
5. There must be no change in the outside appearance of the dwelling unit or premises, or other visible evidence of the conduct of such cottage food operation.
6. Except for vehicle parking, no outdoor portions of the premises may be utilized for cottage food operation.
7. Vehicles displaying advertising or signs must be parked inside a garage at all times while at the premises.
8. The cottage food operation must be registered or permitted by the Napa County environmental health officer in accordance with Section 114365 of the California Health and Safety Code. Cottage food operations must comply with all California Health and Safety Code requirements.
9. The cottage food operator must furnish to the city evidence of the application for or issuance of the necessary permits and/or registration of cottage food operations from the county of Napa.
D. Expanded Cottage Food Operations. Exceptions to the standards established in subsections (C)(2) and (C)(3) of this section may be granted with the approval of a minor use permit for an expanded cottage food operation; provided, that all of the following standards are met:
1. The applicant for the cottage food operation permit must be the individual who conducts the cottage food operation from his or her private dwelling unit and is the owner of the cottage food operation. The permit is not transferable to another operator, nor transferable to another site.
2. The use must be conducted within the kitchen of the subject dwelling unit except for attached rooms within the dwelling that are used exclusively for storage or bookkeeping. No greater than twenty-five percent (25%) of the dwelling may be used for the cottage food operations, and it must not be conducted within an accessory building.
3. One cottage food employee, as defined by California Health and Safety Code Section 113758(b)(1), is permitted to be employed by the cottage food operation in addition to any family member or household member occupying the dwelling.
4. Except for vehicle parking, no outdoor portions of the premises may be utilized for cottage food operation including outdoor sales and visitation.
5. Direct sales of products from the site of the cottage food operation must be conducted by prior appointment only and must not exceed more than ten (10) visitors in any single day. No customers of the cottage food operation are permitted to dine at the premises.
6. No greater than one visitor’s vehicle and one nonresident employee’s vehicle may be parked on site at any time.
7. Vehicles displaying advertising or signs must be parked inside a garage at all times while at the premises.
8. Direct sales and cottage food operation related deliveries must not occur between the hours of six p.m. and eight a.m.
9. The cottage food operation must be registered or permitted by the Napa County environmental health officer in accordance with Section 114365 of the California Health and Safety Code. Cottage food operations must comply with all California Health and Safety Code requirements.
10. The applicant must furnish to the city evidence of the application for or issuance of the necessary permits and/or registration of cottage food operations from the county of Napa.
11. A business license is required for all cottage food operators.
12. The community development director shall notify all property owners within three hundred (300) feet of the cottage food operation upon issuance of a minor use permit. (Ord. 23-4 § 5 (Exh. A))
A. Permits Required. The establishment or expansion of a formula business shall be in accordance with the zoning locations and permit requirements identified in Table 17.17.020(A): Use Regulations—Commercial and Mixed-Use Zoning Districts.
B. Findings Required. When a conditional use permit review is required, the planning commission shall approve, with or without conditions, the establishment or expansion of a formula business only if all of the following findings can be made, in addition to those identified in Section 17.05.020, Conditional use permit (CUP):
1. The formula business establishment will promote diversity and variety to assure a balanced mix of commercial uses available to serve both resident and visitor populations;
2. The proposed use, together with its design and improvements, is consistent with the unique and historic character of St. Helena and will preserve the distinctive visual appearance and shopping/dining experience of St. Helena for its residents and visitors;
3. Any formula business establishment located within the CB district will be compatible with existing uses in the zone and will promote the zone’s economic vitality as the downtown commercial core of St. Helena.
C. Prohibited Formula Businesses. No formula restaurants are allowed. (Ord. 23-4 § 5 (Exh. A))
A. Permit. A home occupation permit must be required prior to the establishment of a home occupation whenever a business license is required and the home is the principal place of business. A business may be conducted at locations other than the site of the home occupation, as long as that part of the business conducted at the site of the home occupation complies with the standards of this section.
B. Standards. Home occupations are permitted in conjunction with a residential use of a dwelling and must be issued a home occupation permit, provided the home occupation:
1. Does not change the residential character of the dwelling unit;
2. Is confined to a cumulative area of not more than six hundred (600) square feet in the principal dwelling, attached garage and/or detached accessory buildings. An attached or detached garage may be used for storage or workspace as long as one garage parking space is maintained at all times for the dwelling and as long as sufficient parking spaces are available on the property to meet the current code requirements;
3. Does not occupy any open space or setback;
4. Is carried on by the resident members of the household and a maximum of one employee in addition to residents of the dwelling;
5. Does not generate customer or client traffic, deliveries by commercial vehicles other than pickup trucks or panel delivery trucks, or have any customers or clients coming to the premises as a place of business, with the following exceptions:
a. Delivery to the customer or client of merchandise produced on the premises;
b. No more than two clients may visit the premises on any one day;
c. Lessons to no more than two persons at any one lesson with no more than six lessons in any one week; and
d. Other uses which are similar to the above uses with the same or similar restrictions listed in this section;
6. Creates no noise, odor, glare, dust, vibrations, fumes or smoke readily discernible at the exterior boundaries of the parcel on which the home occupation is situated;
7. Produces no advertising or evidence of its existence except for a post office box, a telephone listing and signs limited to a total of four square feet permanently affixed to a vehicle. No advertising, telephone listing, signs or printed material may list the street address of the dwelling; and
8. Involves the on-site parking or storage of no more than one commercial vehicle, as long as the commercial vehicle parks inside the garage or covered parking at all times.
C. Prohibited Home Occupations. The following businesses are not permitted as home occupations:
2. Animal care, sales, and services;
3. Cannabis retail;
5. Hotels and motels; and
D. Exceptions. Exceptions to the above standards may be granted by the planning commission with the approval of a conditional use permit for an expanded type of home occupation. In approving the conditional use permit for an expanded home occupation the planning commission shall make the following findings:
1. The establishment of an expanded home occupation is compatible with and will not be detrimental to the residential character of the neighborhood and surrounding uses;
2. The establishment of an expanded home occupation will not result in or contribute to an unacceptable concentration of nonresidential uses in the neighborhood where it has been proposed; and
3. The establishment of an expanded home occupation will not result in excessive noise, traffic, and parking congestion.
E. Exemptions. Telecommuting, or the use of telephones, computers, or other similar technology to permit an employee to eliminate a commute trip and work from home, is not considered a home occupation and is exempt from the regulations of this section. (Ord. 23-4 § 5 (Exh. A))
A. Purpose. This section is intended to provide standards for the location, development and operation of integrated live/work units and for the reuse of existing residential, commercial, and industrial structures to accommodate live/work opportunities.
B. Establishment. Live/work units may be established through the conversion of existing buildings or by new construction, permitted or conditionally permitted as specified in the underlying zoning district.
C. No Separate Sale or Rental of Portions of Unit. No portion of a live/work unit may be separately rented or sold as a commercial space for a person or persons not living in the premises or as a residential space for a person or persons not working in the same unit.
D. Occupancy Requirement. The residential space within a live/work unit must be occupied by at least one individual employed in the business conducted within the live/work unit.
E. Business License Required. The occupant of a live/work unit is required to hold a valid business license for the on-site business.
F. Limitations on Use. The nonresidential component of a live/work development must be a use allowed within the applicable zoning district. A live/work unit must not be established or used in conjunction with any of the following activities:
2. Cannabis retail.
G. Limitation on Outside Employees. No more than one person other than residents of the live/work unit shall be employed in the conduct of the work, except that additional employees may be allowed subject to the approval of a conditional use permit in compliance with Section 17.05.020, Conditional use permit (CUP).
H. Design Standards.
1. Nonresidential Area. A minimum of fifty percent (50%) of the ground level of a live/work development, or a minimum three hundred (300) square feet, whichever is greater, must function predominantly as workspace. All floor area other than that reserved for living space must be reserved for and regularly used for workspace. Potential configurations for live/work developments include, but are not limited to, those shown below:
Figure 17.22.140(A). Live/Work Configurations

2. Ground Floor Design. The ground floor of a live/work development must comply with the standards for ground floor commercial uses established in Chapter 17.17, Commercial and Mixed-Use Zoning Districts, or Chapter 17.18, Business and Industrial Zoning Districts, as applicable.
3. Nonresidential Amenities. The ground floor of a live/work development must be designed to accommodate commercial or service uses as evidenced by the provision of flooring, interior storage, ventilation, and other physical improvements of the type commonly found in exclusively commercial or service facilities used for the same work activity.
4. Separation and Access. Access to each live/work unit must be provided from a public street or common access areas, corridors, or halls. The access to each unit must be clearly separate from other live/work units or other uses within the structure. (Ord. 23-4 § 5 (Exh. A))
Mobile food vendors must be located and operated in accordance with the following provisions:
A. Location and Applicability. Mobile vendors may only operate on private property in nonresidential zoning districts. Mobile vendor vehicles are not permitted as a permanent or proprietary location on any property within the city. Vehicles must not be left unattended at any time, or be left on site when inactive, or stored overnight. The regulations of this section do not apply to mobile food vendors operating within the public right-of-way.
B. Licenses and Permit Required. Mobile food trucks operating in the city shall obtain a business license from the city. The owner and operator of a mobile food truck is responsible for obtaining all necessary licenses and permits required for the service of food and beverages, including a permit for food service from the Napa County department of health. The mobile food vehicle must be in compliance with state motor vehicle laws.
C. Duration. Maximum four hours per day per lot, including set-up and clean-up. No lot may have a mobile vendor on site for more than ninety (90) days total in any twelve (12) month period.
D. Allowed Products. Operations are limited to the sales of food and nonalcoholic beverages for immediate consumption.
E. Vehicle and Parking Requirements.
1. Allowed Vehicles. Operations must only be conducted from a motor vehicle, or vehicle with a trailer consistent with state law and county health department approvals. Other types of food vending from a temporary structure such as a pushcart, standalone trailer, or kiosk are not allowed under this title.
2. Required Parking. No dedicated parking spaces are required for a mobile vendor that meets the standards of this section.
3. Overnight Parking. No overnight parking of mobile food trucks is allowed on the permitted vending site.
4. Displaced Parking. Mobile vendors may displace up to three required nonresidential parking spaces for a maximum of four hours per day per parking lot; provided, that no more than ten percent (10%) of the total number of parking spaces on site are displaced. Required parking spaces for an existing nonresidential use may be displaced if the existing nonresidential use is not open during the event.
5. Lighting. Mobile food truck operators must provide adequate lighting on the vehicle to ensure customer safety during business hours.
6. Paving. Mobile vendor vehicles must only be stopped or parked on a surface paved with concrete, asphalt, or another surface approved by the community development director.
F. Obstructions. Mobile vendor location and operations, including customers, seating, and equipment, must not obstruct the right-of-way, sight distances, or otherwise create hazards for vehicle or pedestrian traffic. The location must comply with applicable accessibility requirements and the Americans with Disabilities Act.
G. Nuisance.
1. Mobile vendors must be responsible for keeping the area clean of any litter or debris and must provide trash receptacles for customer use on site. All litter generated within a minimum of a one hundred (100) foot radius of the site must be collected prior to closure of the mobile food truck operations.
2. Mobile food trucks must not idle vehicle engines for more than five minutes during any one-hour time period.
3. Mobile food truck operators are responsible for controlling smoke and odors caused by food preparation so as to avoid a public nuisance.
4. No vendor must ring bells, play chimes, play an amplified musical system, or make any other notice to attract attention to its business while operating within city limits.
5. Separate refuse and recycling containers must be provided on site during all hours of mobile food truck operations.
6. The use of prohibited or unpermitted signs for mobile food vendors is not allowed.
H. Modifications. Modifications to the standards of this section may be approved pursuant to Section 17.11.010, Minor modifications to development standards. (Ord. 23-4 § 5 (Exh. A))
The installation of mobile homes constructed and/or purchased after October 1976, and certified under the National Mobile Home Construction of Safety Standards Act of 1974 (42 U.S.C. Section 5401 et seq.) on a foundation system pursuant to Section 18551 of the Health and Safety Code must be permitted in accordance with the following conditions:
A. To be occupied only as a single-family residential use.
B. To be subject to all provisions of the zoning ordinance applicable to conventionally built dwellings.
C. To be attached to a permanent foundation system in compliance with all applicable building regulations.
D. To be covered with an exterior material customarily used on conventionally built dwellings extending to the top of the foundation.
E. To have parapet walls or roofs which utilize shingle or other materials customarily used on conventionally built dwellings. (Ord. 23-4 § 5 (Exh. A))
A. Permit. Administrative approval of a sidewalk dining permit is required to establish outdoor seating for dining.
1. Outdoor seating for dining that results in an increase in the number of seats must be reviewed by the community development director for compliance with parking standards and by Napa County environmental management for compliance with regulations pertaining to food storage, health and safety.
2. For those restaurants that wish to serve alcohol outside, the licensee must obtain approval for premises expansion from the California Department of Alcoholic Beverage Control.
B. Standards. To establish outdoor seating for dining on a sidewalk, the following are required:
1. All entrances and emergency exits must be kept free of obstructions to ingress and egress.
2. A one-and-one-half-foot “recovery zone” from the edge of curb that must be kept free of obstructions, per CalTrans requirements.
3. A four-foot clear path of travel, which clearly maintains ADA compliance along the sidewalk, must be maintained to provide disabled access.
4. Tables and chairs must be brought indoors when the restaurant is closed.
5. Entertainment is not allowed on the sidewalk as part of the restaurant service.
6. An encroachment permit must be obtained from the city. The application must include documentation of required liability insurance. The city maintains the preeminent right to use the sidewalk and suspend the right to encroach whenever the sidewalk is needed for another public use or for repair.
7. No more than twenty percent (20%) of total restaurant seating may be located on the sidewalk or other public property.
8. If dogs are desired in the outdoor dining area, the following regulations must be enforced:
a. Employees and patrons must not allow dogs to come into contact with serving dishes, utensils, tableware, linens or any other items involved with food service operations.
b. Patrons must keep dogs in their charge on a leash at all times and under control.
c. Dogs must not be allowed on chairs, tables, or other furnishings.
d. All table and chair surfaces must be cleaned and sanitized between seating of patrons.
e. Dog waste must be removed immediately and the area immediately cleaned and sanitized with an appropriate product.
f. Dogs must not be permitted to travel through indoor portions of the public food service establishment. (Ord. 23-4 § 5 (Exh. A))
A. Primary Uses. Uses that may include outdoor commercial displays and sales are limited to the following:
1. Auto dealers.
2. Bicycle sales, repair, and rentals.
3. Farmers’ markets.
4. Parking and loading areas.
5. Plant nurseries.
6. Portable shoeshine stands when the business is conducted in conjunction with an approved use, provided the shoeshine stand conducts business during the same business hours as the approved primary use.
7. Seasonal sales (Christmas trees, pumpkins, etc.).
8. Service stations.
9. Storage of building materials and supplies accessory to an approved use.
10. Any other uses which, in the opinion of the community development director, require outside display or storage.
B. Standards. Provided the use is allowed (either as a permitted or conditional use) by the zoning district regulations for the zoning district in which the property is located, the following provisions apply to the incidental placement, storage, display, sale, or offer for sale of any merchandise out-of-doors or outside any completely enclosed building:
1. The merchandise or activity must be incidental and adjacent to any lawfully established business that normally sells the merchandise inside the building.
2. The merchandise or activity must not present a hazard to pedestrians or vehicles.
3. The merchandise or activity must not occupy the space formed by extending the width of any required or existing building exit, whichever is wider, to the public right-of-way.
4. The display of merchandise must not be located within the public right-of-way.
5. The merchandise or activity must not occupy any required parking spaces.
6. The storage, display or sales area is limited to two hundred (200) square feet or ten percent (10%) of the gross floor area of the business, whichever is less.
7. Along Main Street, between Mitchell Street and Pine Street on the west side, and Pope Street to Pine Street on the east side, planter boxes and plants must not encroach more than twelve (12) inches into the public right-of-way; must have a maximum height of four feet zero inches; and a minimum clearance of six feet of sidewalk must be kept clear for pedestrian use. These standards also apply elsewhere in the Central Business district outside of the area designated; however, the city council may waive these standards on a case-by-case basis.
8. Bicycle Sales, Repairs and Rentals. Storage or display of rental vehicles is not permitted within the public right-of-way, except where the city has jurisdiction over the sidewalks and as may be allowed with a conditional use permit with the following conditions:
a. One-and-one-half-foot “recovery zone” from the edge of curb that must be kept free of obstructions, consistent with CalTrans requirements;
b. A four-foot clear path of travel along the sidewalk must be maintained to provide disabled access;
c. Bicycles/scooters must be brought indoors when the business is closed; and
d. An encroachment permit must be obtained from the city.
C. Use of Street or Sidewalk. Nothing in this section may authorize the placement, storage, display, sale or offer for sale of any merchandise on any street or on any sidewalk or any other portion of the public right-of-way, with the exception of sidewalk sales permitted by subsection (D)(7) of this section.
D. Exceptions. No conditional use permit for the outdoor storage, display or sale of the following merchandise is required for:
1. Fruits and vegetables.
2. Plants and other growing vegetation, with the limitation in subsection (B)(6) of this section not applicable to nurseries.
3. Cut flowers (planter boxes subject to the standards specified in subsection (B)(7) of this section).
4. Gasoline pumps, oil racks and accessory items when located on pump islands.
5. Vehicles, including automobiles, trucks, motorcycles, trailers and recreational vehicles, with the limitation in subsection (B)(6) of this section not applicable.
6. Areas within a completely roofed street alcove or entryway; provided, that the merchandise is inside the line of the building face.
7. Parking lot and sidewalk sales and other promotional events that involve retail sales, as long as they do not exceed twelve (12) days total during any twelve (12) month period with no more than three days being consecutive, regardless of the number of businesses located on the property, with the limitations in subsections (B)(5) and (B)(6) of this section not applicable.
8. Nonpromotional events conducted by or for recognized nonprofit or charitable community groups, with the limitations in subsections (B)(1), (B)(5), and (B)(6) of this section not applicable.
9. Garage and yard sales, provided they are conducted on property used for residential purposes by a resident and do not exceed three days during any six-month period, with the limitations in subsections (B)(1), (B)(5), and (B)(7) of this section not applicable.
10. Merchandise associated with hardware stores and building supply stores.
11. Activities similar to the above, as determined by the planning commission. (Ord. 23-4 § 5 (Exh. A))
A. Approval Criteria. The following criteria must be met prior to approval of a service station:
1. The site is not closer than one hundred (100) feet to any R zoning district;
2. No block would have more than two service station sites;
3. No intersection would have more than two service station sites;
4. All operations and display of merchandise would be kept within an approved structure, except those directly required for the dispensing of gasoline, water and air, and the replenishment of oil;
5. The proposed use will not create increased traffic hazards to pedestrians when located near a church, school, theater, or other place of assembly; and
6. That the minimum landscaping requirements established in the zoning district in which the use is located have been incorporated into the design of the proposed use; and
7. The use does not include the sale of staple grocery items nor does it include a mini market, but may include the sale of snack foods, drinks, and convenience foods.
B. Public Service Facilities. All service stations must:
1. Provide restrooms on site, at no charge, for public use during normal business hours. The restrooms shall be continuously maintained in compliance with the standards of the county health department.
2. Provide and maintain, in usable and good working order, an air pump and radiator water hose for public use.
3. Provide petroleum and solvent waste dispensers, at no or a minimum charge, for use by customers to dispose of their used petroleum product liquids and shall accept used oil and containers during normal business hours.
4. Provide petroleum and solvent waste containers, at no or a minimal charge, for use by customers to return and to recycle their oil and other used petroleum product liquids.
5. Recycle all oil collected and make every effort to recycle the returned containers and other used petroleum product liquids.
C. Standards. The following provisions apply to the establishment and operation of service stations:
1. Service stations must be designed to maintain the scale, appearance and character of the surrounding area.
2. The location of service station islands, pumps, underground and aboveground tanks must meet the requirements of the city fire department and Uniform Fire Code.
3. Minimum Side and Rear Setbacks. Structures shall be set back at least ten (10) feet from the side and rear property lines where the adjoining parcels are located in a residential district.
4. Vehicular Access Points. There shall be no more than two vehicular access points to/from each public right-of-way and a minimum distance of thirty (30) feet between curb cuts along a public right-of-way.
5. Driveway Widths. The width of a driveway shall not exceed twenty-five (25) feet, measured at the sidewalk.
6. Pump Island Location. Pump islands shall be set back a minimum of fifteen (15) feet from any property line to the nearest edge of the pump island. A canopy or roof structure over a pump island may encroach up to ten (10) feet within this distance.
7. Canopies. Canopy height shall be limited to a maximum of eighteen (18) feet.
8. Restroom Screening. Restroom entrances viewable from adjoining rights-of-way or properties shall be concealed from view by planters or screening subject to the approval of the community development director.
9. Peripheral Wall.
a. Where a service station adjoins property in a residential zoning district, a solid decorative masonry wall shall be constructed along the common property line. The height of the wall, which shall be at least six feet, shall be measured from the finished grade of the residential property. Colors, design, materials, and textures of the wall shall be compatible with on-site development and adjoining properties and subject to the approval of the community development director.
b. When the wall reaches the established front setback line of a residentially zoned parcel adjoining the service station, the wall shall decrease to a maximum height of forty-two (42) inches.
D. Accessory Uses. Accessory uses of a service station which are customarily incidental and clearly subordinate to the principal use (e.g., a car wash, motor vehicle and trailer rental, sale of food and beverage items, video rental, motor vehicle fleet maintenance, etc.) may be permitted with the approval of a separate conditional use permit by the planning commission. (Ord. 23-4 § 5 (Exh. A))
A. Purpose.
1. The city council hereby finds that unregulated transient occupancy uses in residential and agricultural districts present a threat to the public welfare.
2. The purposes of the short-term rental regulations are to:
a. Establish a permitting process and appropriate restrictions and standards for short-term rental of single-family dwellings;
b. Provide a visitor experience and accommodation as an alternative to the hotel, motel, and bed and breakfast accommodations currently existing in the city;
c. Ensure the collection and payment of transient occupancy taxes;
d. Minimize the negative secondary effects of short-term rental use on surrounding residential neighborhoods; and
e. Retain the character of the neighborhoods in which any such use occurs.
3. The short-term rental regulations are not intended to regulate hotels and bed and breakfast inns that do not qualify as short-term rentals.
4. The short-term rental regulations are not intended to provide any owner of residential property with the right or privilege to violate any private conditions, covenants and restrictions applicable to the owner’s property that may prohibit the use of such owner’s residential property for short-term rental purposes as defined in this section.
5. The city council also finds that the adoption of a comprehensive ordinance regulating the issuance of and operating conditions attached to short-term rental permits (refer to Section 17.05.100, Short-term rental permit) is necessary to protect the public health, safety and welfare. The purposes of the short-term rental permit regulations are to:
a. Provide a permit system and to impose operational requirements in order to minimize the potential adverse impacts of transient uses in residential neighborhoods and zoning districts on traffic, noise and density;
b. Ensure the health, safety and welfare of renters and guests patronizing short-term rentals;
c. Impose limitations on the total number of permits issued in order to ensure the long-term availability of the affordable housing stock; and
d. Provide for robust enforcement remedies and penalties to prevent and deter violations of this section and unjust enrichment by those who violate this section.
B. Short—Term Rental Permit Required. No person may use or maintain, nor may any person authorize, aid, facilitate or advertise the use of, any single-family dwelling on any parcel in any zoning district for short-term rental without a short-term rental permit. See Section 17.05.100, Short-term rental permit.
C. Permitted Locations. Short-term rentals must be permitted in accordance with the provisions established in each zoning district and as provided in this section.
D. Restrictions and Standards. Short-term rentals are subject to the following restrictions and standards:
1. The short-term rental use is permitted in no more than one single-family dwelling per lot.
2. The short-term rental permit must be in the name of the owner-applicant, who must be an owner of the real property upon which the short-term rental use is to be permitted. One person may hold no more than one short-term rental permit. The permit is not transferable.
3. Short-term rental uses are limited to single-family dwellings existing and constructed as of the date of application for the short-term rental permit.
4. The total number of permits for short-term rental dwellings in the city must not exceed twenty-five (25) at any time.
5. The maximum number of bedrooms used for short-term rental use in the short-term rental dwelling must be no greater than five. The total number of guests staying in the short-term rental dwelling at any one time must be no greater than two times the number of bedrooms plus two persons, up to a maximum of twelve (12) persons.
6. Short-term rental dwellings must meet all applicable building, health, fire and related safety codes at all times and shall be inspected by the fire department before any short-term rental activity can occur.
7. A minimum of two on-site parking spaces must be provided for use by the short-term rental occupants.
8. The owner-applicant must keep on file with the city the name, address, telephone number, cell phone number, and email address of a local contact person who shall be responsible for responding to questions or concerns regarding the operation of the short-term rental. This information must be posted in a conspicuous location within the short-term rental dwelling. The local contact person shall be available twenty-four (24) hours a day to accept telephone calls and respond physically to the short-term rental within thirty (30) minutes when the short-term rental is rented and occupied. The city shall post the name and contact information of the local contact person associated with each short-term rental on the city’s webpage. The city reserves the right to reject a local contact person if their location is out of the area.
9. The owner-applicant must post “house policies” within each guest bedroom. The house policies must be included in the rental agreement, which must be signed by the renter and must be enforced by the owner-applicant or the owner-applicant’s designated contact person. The house policies at a minimum must include the following provisions:
a. Quiet hours must be maintained from ten p.m. to seven a.m., during which noise within or outside the short-term rental dwelling must not disturb anyone on a neighboring property.
b. Outdoor amplified sound is prohibited.
c. Except as permitted by the community development director, vehicles must be parked in the designated on-site parking area and must not be parked on the street overnight.
d. Parties or group gatherings which exceed the maximum number of allowed guests and/or which have the potential to cause traffic, parking, noise or other problems in the neighborhood are prohibited from occurring at the short-term rental property, as a component of short-term rental activities.
e. Guests must not leave any waste or trash outside the house.
10. Auctions, weddings, commercial functions, and any other similar events which have the potential to cause traffic, parking, noise or other problems in the neighborhood are prohibited.
11. The owner-applicant must ensure that the occupants and/or guests of the short-term rental use do not create unreasonable noise or disturbances, engage in disorderly conduct, or violate provisions of this code or any state law pertaining to noise, disorderly conduct, the consumption of alcohol, or the use of illegal drugs or be subject to fines and penalties levied by the city up to and including revocation of the short-term rental permit.
12. The owner-applicant, upon notification that occupants and/or guests of his or her short-term rental use have created unreasonable noise or disturbances, engaged in disorderly conduct or committed violations of this code or state law pertaining to noise, disorderly conduct, the consumption of alcohol or the use of illegal drugs, must prevent a recurrence of such conduct by those occupants or guests or be subject to fines and penalties levied by the city up to and including revocation of the short-term rental permit.
13. All advertising for any short-term rental, including electronic advertising on short-term rental websites, must include the number of the short-term rental permit granted to the owner-applicant.
14. The owner-applicant must maintain city business licenses and pay all transient occupancy taxes in accordance with Chapter 3.28, Transient Occupancy Tax, as required.
15. Preference for the review and issuance of new short-term rental permits must be given to current residents of St. Helena over nonresident applicants. Applicants whose primary residence is within the city must be reviewed and acted on ahead of other nonresident applications to implement the local preference policy for short-term rental permits.
16. Applicants for short-term rental permits are required to have owned their homes for a minimum of three years prior to applying for and being issued a short-term rental permit.
17. Short-term rental permit holders are required to rent their properties on a short-term basis for a minimum (average) of sixty (60) days per year. Individual permit holders who do not meet this minimum rental activity may (at the determination of the community development director) have their renewal denied and/or reviewed by the planning commission at a noticed public hearing. Short-term rental permit holders who utilize their primary residence for short-term rental activities are exempt from this requirement. (Ord. 23-4 § 5 (Exh. A))
Single-room occupancy (SRO) units must be located, developed, and operated in compliance with the following standards:
A. Maximum Occupancy. Each SRO living unit must be designed to accommodate a maximum of two persons.
B. Minimum Size. An SRO living unit must have at least one hundred fifty (150) square feet of floor area, excluding closet and bathroom. No individual unit may exceed four hundred (400) square feet.
C. Minimum Width. A one-room SRO must not be less than twelve (12) feet in width.
D. Entrances. All SRO units must be independently accessible from a single main entry, excluding emergency and other service support exits.
E. Cooking Facilities. Cooking facilities must be provided either in individual units or in a community kitchen. Where cooking is in individual SRO units, SRO units must have a sink with hot and cold water; a counter with dedicated electrical outlets and a microwave oven or properly engineered cook top unit pursuant to building code requirements; a small refrigerator; and cabinets for storage.
F. Bathroom. An SRO unit is not required to but may contain partial or full bathroom facilities. A partial bathroom facility must have at least a toilet and sink; a full facility must have a toilet, sink and bathtub, shower or bathtub/shower combination. If a full bathroom facility is not provided, common bathroom facilities must be provided in accordance with the building code for congregate residences with at least one full bathroom per floor.
G. Closet. Each SRO unit must have a separate closet.
H. Common Area. Common area in an amount equal to ten (10) square feet per living unit must be provided, excluding janitorial storage, laundry facilities and common hallways. At least two hundred (200) square feet in area of interior common space must be provided as a ground floor entry area that provides a central focus for tenant social interaction and meetings. The common area must provide wi-fi for tenants.
I. Income Restriction. One hundred percent (100%) of units must be designated as affordable at the low-income level or very low-income level.
J. Tenancy. Tenancy of SRO units are limited to thirty (30) or more days.
K. Facility Management. An SRO facility with ten (10) or more units must provide full-time on-site management. An SRO facility with less than ten (10) units must provide a management office on site.
L. Management Plan. A management plan must be submitted with the minor use permit application for all SRO projects. At minimum, the management plan must include the following:
1. Security/Safety. Proposed security and safety features such as lighting, security cameras, defensible space, central access, and user surveillance;
2. Management Policies. Management policies including desk service, visitation rights, occupancy restrictions, and use of cooking appliances;
3. Rental Procedures. All rental procedures, including weekly and monthly tenancy requirements;
4. Staffing and Services. Information regarding all support services, such as job referral and social programs; and
5. Maintenance. Maintenance provisions, including sidewalk cleaning and litter control, recycling programs, general upkeep, and the use of durable materials. (Ord. 23-4 § 5 (Exh. A))
A minor use permit for the establishment of a small recycling center shall be conditioned upon compliance with the following requirements:
A. Location. A small recycling center must not be located in any required setback.
B. Screening. Small recycling centers must be screened from the public right-of-way by landscaping (fences or walls may be used if located outside a required setback). The landscaping must generally be planned and installed in accordance with Chapter 17.25, Landscaping. Any impairment of existing landscaping or landscaping required pursuant to this title must be mitigated by installing a similar amount of landscaping.
C. Operations.
1. May not exceed five hundred (500) square feet including mobile recycling units, nonprofit drop-off facilities and reverse vending machines.
2. Only glass, metals, plastic containers and paper may be accepted at a small recycling center. Motor oil must not be collected for recycling at a small recycling center.
3. No power-driven processing equipment is allowed except for reverse vending machines.
4. Containers used for the collection and storage of recyclable materials must be constructed of a durable waterproof and rustproof material, covered when the site is not attended, secured from unauthorized entry or removal of material and must have a capacity sufficient to accommodate materials collected between collection schedules.
5. Containers must be clearly marked to:
a. Identify the type of material which may be deposited in each container;
b. The name and telephone number of the operator and hours of operation; and
c. Shall display a notice stating that no material is to be left outside the recycling enclosure or containers.
6. Attended facilities located within one hundred (100) feet of property zoned or occupied for residential use must operate only during the hours between nine a.m. and seven p.m. Containers for the twenty-four (24) hour donation of materials must be located at least five hundred (500) feet from any property zoned or occupied for residential use unless there is acoustical shielding between the containers and residential use. In no event may the containers for the twenty-four (24) hour donation of materials be located less than thirty (30) feet from property zoned for residential use.
D. Maintenance. The site must be maintained free of litter and any other undesirable materials and must be picked up and cleaned on a daily basis.
E. Signs. Signs on recycling containers must comply with the following:
1. The maximum sign area allowed must be thirty-five percent (35%) per side of the container or nine square feet (whichever is less) with a total sign area of forty (40) square feet for all containers. These may be in addition to the informational signs required by subsection (C)(5) of this section. In the case of a wheeled container, the side will be measured from the pavement to the top of the container.
2. On-site directional signs may be allowed to facilitate traffic circulation or if the facility is not visible from the public right-of-way.
3. These regulations are in addition to the sign standards established in Chapter 17.27, Signs.
F. Parking.
1. No additional parking spaces are required for a small recycling center, over and above those required for the principal use. Mobile recycling units must have an area clearly marked to prohibit other vehicular parking during the hours mobile unit is to be present.
2. Occupation of parking spaces by the facility and by the attendant may not reduce available parking spaces below the minimum number required for the principal use unless the facility is located in a convenience zone as designated by the California Department of Conservation.
G. Permit.
1. The minor use permit for a small recycling center is valid for a period of time not to exceed five years, after which time it may be reviewed for another five years. If at any time the small recycling center is not in use for six months or more, it must be immediately removed from the site and the community development director notified.
2. Applicants seeking approval for a small recycling center shall submit plans and other information sufficient to demonstrate compliance with the above requirements including the name, address and telephone number of the person responsible for the daily maintenances and periodic collection of recyclable materials and written approval from the property owner.
3. The above requirements may be waived or modified by the community development director if the result is to improve the overall function, site operation or appearance of the small recycling center; or that the design and/or location of the small recycling center makes the above unnecessary. (Ord. 23-4 § 5 (Exh. A))
A. Purpose. The purpose of the small winery regulations is to:
1. Promote and implement the policies of the general plan to preserve agricultural land uses within the city;
2. Support the economic feasibility of continuing agricultural use of the land where individual property owners can process grape crop into wine within a privately owned facility; and
3. Support the establishment of smaller, locally owned and operated wineries where an existing residential use exists.
B. Applicability.
1. The reestablishment of pre-Prohibition wineries may be permitted within any zoning district, except the W (Winery) zoning district, in compliance with the regulations in subsection D of this section.
2. The reestablishment of pre-Prohibition wineries in the W (Winery) zoning district must comply with the winery district regulations in Chapter 17.19, Community Agricultural and Natural Resource Zoning Districts.
C. Uses Prohibited.
1. Events which are open to members of the general public who are not members of the wine trade or who do not have preestablished business relationships with the small winery or its owner/operator are not permitted.
2. Facilities for assembly, public sales, or entertainment, including retail sales rooms, visitor centers, dining rooms separate from that within the residential unit, kitchens or food service facilities, are prohibited.
D. Pre-Prohibition Wineries.
1. The reestablishment of a pre-Prohibition winery may be permitted with approval of a conditional use permit.
2. The following findings must be made in order to approve a conditional use permit for the reestablishment of a pre-Prohibition winery:
a. There is substantial evidence proving that the subject structure was used as a winery building prior to January 16, 1920; and
b. More than fifty percent (50%) of the exterior of the original historic structure remains standing.
3. The appearance of the renovated building must be consistent with the original appearance of the building, as documented by photographs or as recommended by a qualified architectural historian.
4. Pre-Prohibition winery status may allow modification of regulations of the underlying zoning district to preserve the historic nature of the structure.
5. Pre-Prohibition wineries are not automatically entitled to the prior annual production capacity, or type or intensity of prior social or marketing activities. Pre-Prohibition winery operations must be consistent with all small winery regulations contained in subsections E through G of this section.
6. Conditions of approval for a conditional use permit to reestablish a pre-Prohibition winery must provide for the continued preservation of the historic nature of the structure through rezoning to include a historic preservation overlay or other means deemed suitable.
7. Construction must comply with the California Uniform Building Code and/or the State Historic Building Code, as amended and adopted by the city.
E. Development and Use Standards.
1. Parcel Size.
a. Small wineries are allowed only on parcels of five acres or greater in size; however, exceptions may be granted if it can be demonstrated that there will be minimal impact upon surrounding properties.
b. Small wineries that host tastings or other are allowed only on parcels ten (10) acres or greater in size; however, exceptions may be granted if it can be demonstrated that there will be minimal impact upon surrounding properties.
2. Small wineries must be an accessory use to a residential use. The residential use must be the primary residence of the winery owner or their family members (i.e., children, parents, grandparents, or grandchildren) or the resident winery manager.
3. Accessory buildings in association with a small winery must be developed consistent with the standards for accessory buildings for the zoning district in which the small winery is located. More restrictive standards may be applied if the community development director determines that the winery building or operations will have a negative impact upon other properties in the vicinity.
4. Only one small winery is permitted per parcel.
5. A minimum of eighty-five percent (85%) of the grape source utilized for the wine produced at the small winery must be grown on the premises, on parcels whose property lines adjoin the parcel upon which the small winery is located, or on any parcel that is immediately adjacent to or across any public or private street, excluding Highway 29, from that parcel upon which the small winery is located. However, if (a) the winery is being temporarily replanted or (b) the winery has sustained crop damage, the grapes may be sourced from within the city limits in proportion to the extent of the vines being replanted or replaced because of crop damage until production is reestablished at preplanting or prereplacement levels.
6. There must be a direct correlation between the yearly production limit of the small winery and the anticipated tonnage of grapes. A general guideline for establishing the production limit is one thousand (1,000) gallons per acre of vineyard planted on the property where the small winery is located; however, the general guideline can vary depending upon the crop yield of the particular vineyard.
7. Pursuant to Section 13.04.100(E), no municipal water may be utilized for the small winery operations or vineyard irrigation.
8. A minimum of three parking spaces (two standard parking spaces and one accessible parking space) must be provided with the winery use. Additional parking spaces may be required depending upon the number of employees employed at the winery. All employees must park on site.
F. CUP Requirements and Conditions.
1. All private visitor and event parking, including employee parking, must be provided on site.
2. Wine marketing events are limited to a maximum of one event per calendar month.
3. The maximum number of guests allowed at any private wine marketing event must not exceed the fire code occupancy of the small winery building. This maximum capacity shall be posted in a conspicuous place in the small winery building.
4. Conditional use permit conditions shall state the maximum number of guests per event and may impose stricter limitations if residential development on adjoining parcels is within four hundred (400) feet of the new small winery use.
5. Amplified music outdoors is not permitted within five hundred (500) feet of a residence.
6. There can be no advertising in publications produced for general distribution for private wine marketing events and all attendees must have been specifically invited to participate in the private wine marketing event by the small winery owner/operator. Because facilities for assembly or entertainment are prohibited, all private wine marketing events must be held within the confines of the on-site residential unit, the production area of the small winery building, or outside.
7. The establishment of on-premises wine sales will be determined during the process for consideration of a conditional use permit. If wine sales are to be allowed, they must be restricted only to wine that is produced on the parcel on which the small winery is located. No merchandise must be sold.
8. The hours of sales must be by appointment only as reviewed during the process for consideration of a conditional use permit.
G. Inspection, Fees, and Licenses.
1. A business license is required prior to the commencement of operation of a small winery.
2. The community development director must inspect small wineries as often as necessary to ensure compliance with this title and conditional use permit conditions. An inspection fee must be set by resolution of the city council. (Ord. 23-4 § 5 (Exh. A))
Solar energy systems must be located, developed, and operated in compliance with the following standards:
A. Height.
1. Ground—Mounted Solar Energy Systems. The maximum height of a ground-mounted solar energy collector system is twenty-five (25) feet or the maximum height allowed in the underlying zoning district, whichever is less.
2. Roof—Mounted Solar Energy System. Solar energy systems may extend up to five feet above the roof surface on which they are installed and are excluded from the maximum height limit of the zone in which they are located.
B. Required Setback. Solar energy systems less than six feet in height may be installed within a required side and rear setback, but no closer than three feet to any property line. All other solar energy systems must meet the required setback of the underlying zoning district. (Ord. 23-4 § 5 (Exh. A))
A. Purpose. This section establishes regulations to ensure that short-term activities on privately or publicly owned property will be compatible with surrounding areas.
B. Permit. A temporary use permit allows the short-term activities listed in subsection D of this section that may not comply with the normal development or use standards of the applicable zoning district but may otherwise be acceptable because of their temporary nature. Temporary use permits, issued in accordance with Section 17.05.110, Temporary use permit, are not subject to design review or standard parking requirements otherwise restricted by this code.
C. Exempt Temporary Activities. The following allowed temporary activities are exempt from the requirement for a temporary use permit. Activities that do not fall within the categories defined below must comply with subsection D of this section.
1. Construction Yards—On-Site. On-site contractors’ storage yards of less than one acre, including a work trailer, only in conjunction with an approved construction project located on the same site. The contractor’s storage yard must be removed immediately upon completion of the construction project, or the expiration of the companion building permit authorizing the construction project, whichever first occurs.
2. Emergency Facilities. Emergency public health and safety needs/activities, as determined by the city council or the city manager.
3. Location Filming. The temporary use of a specific site for the location filming of commercials, movies, videos, etc., as regulated and approved by the city manager pursuant to Chapter 5.24, Film Permits.
4. Garage Sales or Similar Sales Activities. The sale of personal goods which are owned by the household or neighboring households located on residentially zoned property, for up to three consecutive days and three times within a twelve (12) month period.
5. Public Property. Activities conducted on public properties that are approved by the city council.
6. Nonprofit Special Events. Special events (such as car washes, bake sales, rummage sales or flea markets) conducted by or for a recognized nonprofit or charitable community group may be conducted on the grounds of a religious institution, commercial property, school or other permanent place of public assembly up to three days during any six-month period provided they meet the following standards or provisions:
a. Event activities do not block a building exit, present a hazard to pedestrians or vehicles, reduce the width of a pedestrian walkway to less than required ADA access dimensions, significantly reduce on-site parking or occupy a fire lane.
b. If the merchandise or activity is proposed for location on any street, sidewalk or public right-of-way, an encroachment permit must be secured from the public works department.
c. If any commercial vendors are involved in the event, they must secure a business license from the finance department pursuant to Title 5, Business Licenses and Regulations.
d. Nonprofit special events occurring more frequently than three days during any six-month period must require a conditional use permit or temporary use permit.
D. Allowed Temporary Activities. The following temporary activities may be allowed within the specified time limits, but in no case for more than twenty-four (24) months (other than as noted in this section), subject to the issuance of a temporary use permit by the community development director. Other temporary or short-term activities that do not fall within the categories defined below must instead comply with the temporary use permit requirements and development standards that otherwise apply to the property.
1. Events. Arts and crafts exhibits, carnivals, concerts, fairs, farm stands, festivals, flea markets, food events, outdoor entertainment/sporting events, and swap meets for up to fourteen (14) consecutive days, or six two-day weekends, within a twelve (12) month period, when conducted on nonresidential properties. Decisions on large scale temporary uses such as concerts or festivals which are intended to draw large numbers of individuals (i.e., four hundred (400) or more people) to the temporary use in a single day may be elevated to the planning commission at the discretion of the community development director.
2. Pop-Up Uses. Retail sales, museums, outdoor movies for commercial profit, outdoor dining in conjunction with a restaurant, art exhibits, restaurants or cafes for up to twenty-four (24) months when conducted on nonresidential properties.
3. Formula Pop-Up Uses. Pop-up uses meeting the definition of a “formula business” are limited to ninety (90) days of operation when conducted on nonresidential properties.
4. Seasonal Sales Lots. Seasonal sales activities (e.g., Halloween, Thanksgiving, Christmas, etc.) including temporary residence/security trailers, on nonresidential properties, for up to thirty (30) days and eight times within a twenty-four (24) month period.
5. Temporary Structures. A temporary classroom, office, or similar structure, including a manufactured or mobile unit, may be approved for a maximum of twenty-four (24) months from the date of approval without design review, to accommodate an existing approved primary or accessory use, or as the first phase of a development project. The type of temporary use must be allowed within the base zoning district.
6. Temporary Off-Site Storage. Temporary off-site storage requires a minor use permit and is limited to a period of one year, with an extension at the discretion of the community development director.
7. Similar Temporary Activities. Similar temporary activities that the community development director determines are compatible with the zoning district and surrounding land uses. (Ord. 23-4 § 5 (Exh. A))
A. Purpose and Findings.
1. There is a critical shortage of permanent, long-term housing in St. Helena.
2. A limited supply of suitable vacant land, land values, and market demand for land for other uses, including but not limited to use of property for vineyards, have limited the construction of additional housing in the city.
3. St. Helena is a popular tourist destination known for its scenic Napa Valley location, exceptional wineries and restaurants, historic Main Street and small town agricultural character.
4. St. Helena stands out in the Napa Valley for its ability to attract visitors while also supporting the needs of its resident population. Maintaining the balance between the quality of life for residents and those who work in the city and the visitors who help to sustain the city’s tourist economy is key to maintaining a sustainable community and a stable economy.
5. Time-share uses are not an appropriate land use in the city’s residential districts due to the multiple occupancy of time-share properties, the short-term, tourist-oriented use of such property and commercial management of time-share facilities, all of which create increased traffic generation, excessive noise, disruption to residential communities through commercial-level maintenance of the time-share facilities, and therefore are appropriately confined to commercial zoning districts.
6. Conversion of permanent housing to time-share facilities removes existing housing units from the city’s existing stock and exacerbates an already severe housing shortage.
7. It is, therefore, in the public interest to prohibit conversions of existing housing units into time-share facilities, as to do so eliminates needed housing stock by diverting those units to a tourist-oriented, commercial use.
B. Definitions. For purposes of this chapter, the following words and phrases shall have the meaning respectively ascribed to them by this section:
“Accommodation” means any dwelling unit, apartment, condominium or cooperative unit, hotel or motel room, or other structure constructed for residential use and occupancy, including but not limited to a single-family dwelling, or unit within a two-family dwelling, three-family dwelling, multiple-family dwelling, or townhouse dwelling as defined in Chapter 17.33, Definitions of Uses.
“Building” shall have the meaning ascribed to it by Chapter 17.32, Definitions of Terms.
“Dwelling unit” shall have the meaning ascribed to it by Chapter 17.32, Definitions of Terms.
“Managing entity” means the person who undertakes the duties, responsibilities and obligations of the management of a time-share plan.
“Person” means a natural person, corporation, limited liability company, partnership, joint venture, association, estate, trust, or other legal entity, or any combination thereof.
“Time-share instrument” means one or more documents, by whatever name denominated, creating or governing the operation of a time-share plan and includes the declaration dedicating accommodations to the time-share plan.
“Time-share interest” means the right to exclusively occupy a time-share property for a period of time on a recurring basis pursuant to a time-share plan, regardless of whether or not such right is coupled with a property interest in the time-share property or a specified portion thereof.
“Time-share plan” means any arrangement, plan, scheme, or similar device, whether by membership agreement, bylaws, shareholder agreement, partnership agreement, sale, lease, deed, license, right to use agreement, or by any other means, whereby a purchaser, in exchange for consideration, receives the right to exclusive use of an accommodation or accommodations, whether through the granting of ownership rights, possessory rights or otherwise, for a period of time less than a full year during any given year, on a recurring basis for more than one year, but not necessarily for consecutive years.
“Time-share property” means one or more accommodations subject to the same time-share plan, together with any other property or rights to property appurtenant to those accommodations.
“Time-share use” means the use of one or more accommodations or any part thereof, as a time-share property pursuant to a time-share plan.
C. Time—Share Uses Restricted to Service Commercial (SC) and Central Business (CB) Districts. Time-share uses are conditional uses within the city’s Service Commercial (SC) district and Central Business (CB) district, subject to approval of a conditional use permit applied for and approved in conformance with this chapter. Time-share uses are not permitted in all other zoning districts in the city.
D. Application Process and Development Standards.
1. Application Process. In addition to the application requirements contained in Chapter 17.04, Common Procedures, and Chapter 17.05, Planning Permits and Approvals, an application for a time-share use shall be accompanied by the following documents which shall be subject to the approval of the community development director:
a. Management Plan. A management plan shall describe the methods employed by the applicant to guarantee the future adequacy, stability, and continuity of a satisfactory level of management and maintenance of the time-share use.
b. Application Requirements. In addition to any application requirements established by this section and any other applicable requirements of this code, the following information shall be submitted as part of any application to develop or establish a time-share use:
i. Typical floor plans for each accommodation.
ii. The phasing of the construction of the accommodations on the time-share property, if applicable.
iii. A description of any ancillary uses which are proposed in conjunction with the time-share use.
iv. A description of the method of management of the time-share use and indication of the management entity for the time-share property.
v. Any restrictions on the use or occupancy of the accommodations.
vi. Any other information or documentation the applicant, city staff or commission deems reasonably necessary to the consideration of the time-share use, including any required environmental documents.
2. Development Standards and Operational Requirements. Notwithstanding any other provision of this chapter, the following conditions must be met by any time-share use. Additional requirements may be attached to a conditional use permit or development agreement if found to be necessary to assure that the time-share use meets the intent of this chapter:
a. Time-share uses developed in the SC or CB zoning district shall be limited to accommodations in upper floors in conjunction with a mixed-use project.
b. No existing residential use in the SC or CB zoning district shall be converted to a time-share use.
c. Development Standards. The time-share use shall comply with all development standards for the zoning district in which it is located.
d. Parking. Parking shall be provided as follows:
i. For accommodations of two or fewer bedrooms, one parking space shall be provided for each accommodation.
ii. For accommodations of three or more bedrooms, two parking spaces shall be provided for each accommodation.
e. Modification or Waiver of Standards. The planning commission may modify or waive one or more of the regulations contained in this section if it determines that strict compliance is not necessary to achieve the purpose and intent of this section.
E. Violations, Enforcement and Civil Penalties.
1. Any responsible person, including but not limited to an owner of a time-share interest, management entity, agent, or broker who uses, or allows the use of, or advertises or causes to be printed, published, advertised or disseminated in any way and through any medium, the availability for sale or use of an accommodation in violation of this chapter is guilty of a misdemeanor for each day in which such accommodation is used, allowed to be used, or advertised for sale or use in violation of this chapter. Such violation shall be punishable pursuant to Chapter 1.20, General Penalty.
2. Time-share use, and/or advertisement for time-share use, of an accommodation in violation of this chapter is a threat to public health, safety or welfare and is thus declared to be unlawful and a public nuisance. Any such nuisance may be abated and/or restored by the enforcement official and also may be abated pursuant to Chapter 1.12, Enforcement Procedures, except that the civil penalty for a violation shall be one thousand dollars ($1,000.00). Each day the violation occurs shall constitute a separate offense.
3. Any responsible person who violates this chapter shall be liable and responsible for a civil penalty of one thousand dollars ($1,000.00) per violation per day such violation occurs. The city may recover such civil penalty by either civil action or administrative citation. Such penalty shall be in addition to all other costs incurred by the city, including without limitation the city’s staff time, investigation expenses and attorney’s fees.
a. Where the city proceeds by civil action, the court shall have discretion to reduce the civil penalty based upon evidence presented by the responsible person that such a reduction is warranted by mitigating factors including, without limitation, lack of culpability and/or inability to pay. Provided, however, that in exercising its discretion the court should consider the purpose of this chapter to prevent and deter violations and whether the reduction of civil penalties will frustrate that purpose by resulting in the responsible person’s enrichment or profit as a result of the violation of this chapter. In any such civil action the city also may abate and/or enjoin any violation of this chapter.
b. Where the city proceeds by administrative citation, the city shall provide the responsible person notice of the right to request an administrative hearing to challenge the citation and penalty, and the time for requesting that hearing.
i. The responsible person shall have the right to request the administrative hearing within forty-five (45) days of the issuance of the administrative citation and imposition of the civil penalty. To request such a hearing, the responsible person shall notify the city clerk in writing within forty-five (45) days of the issuance of the citation. The appeal notification shall include all specific facts, circumstances and arguments upon which the appeal is based.
ii. The city manager is hereby authorized to designate a hearing officer to hear such appeal. The city hearing officer shall conduct a hearing on the appeal within ninety (90) days of the request for the hearing unless one of the parties requests a continuance for good cause. The hearing officer shall only consider those facts, circumstances or arguments that the property owner or responsible person has presented in the appeal notification.
iii. The hearing officer shall render a decision in writing within thirty (30) days of the conclusion of the hearing. The hearing officer shall have discretion to reduce the civil penalty based upon evidence presented by the property owner or responsible person that such a reduction is warranted by mitigating factors including, without limitation, lack of culpability and/or inability to pay. Provided, however, that in exercising its discretion the hearing officer should consider the purpose of this chapter to prevent and deter violations and whether the reduction of civil penalties will frustrate that purpose by resulting in the property owner’s or responsible person’s enrichment or profit as a result of the violation of this chapter.
iv. Any aggrieved party to the hearing officer’s decision on the administrative appeal may obtain review of the decision by filing a petition for writ of mandate with the Napa County superior court in accordance with the timelines and provisions set forth in California Government Code Section 53069.4.
v. If, following an administrative hearing, appeal, or other final determination, the owner of the property is determined to be the responsible person for the civil penalty imposed by this section, such penalty, if unpaid within forty-five (45) days of the notice of the final determination, shall become a lien to be recorded against the property on which the violation occurred pursuant to Chapter 1.12, Enforcement Procedures. Such costs shall be collected in the same manner as county taxes, and thereafter the property upon which they are a lien shall be sold in the same manner as property now is sold for delinquent taxes.
4. Any violation of this chapter may also be abated and/or restored by the enforcement official and also may be abated pursuant to Chapter 1.12, except that the civil penalty under Chapter 1.12, Enforcement Procedures, for a violation shall be one thousand dollars ($1,000.00).
5. Each day the violation of this chapter occurs shall constitute a separate offense.
6. The remedies under this chapter are cumulative and in addition to any and all other remedies available at law and equity. (Ord. 23-4 § 5 (Exh. A))
A. Purpose. The purpose and intent of this section is to provide uniform and comprehensive standards for the approval and design of telecommunication facilities. These regulations are designed to protect and promote public health, safety, and community welfare while at the same time not unduly restricting the development of needed telecommunication facilities. They have also been developed to further the policies of the general plan. It is intended that these regulations specifically accomplish the following:
1. Ensure that new telecommunication facilities are installed in a manner that minimizes their visual impact on the community;
2. Protect the environmental resources of the city;
3. Create telecommunication facilities that will serve as an important and effective part of the city’s emergency response network; and
4. Simplify and shorten the process for obtaining necessary permits for telecommunication facilities while protecting the legitimate interests of the city’s citizens.
B. Applicability and Exemptions. The requirements of this section apply to all telecommunication facilities on private property and public property not including the public right-of-way that transmit and/or receive electromagnetic signals, including but not limited to personal communications services (cellular and paging) and radio and television broadcast facilities. The requirements apply to telecommunication facilities that are the primary use of a property and those that are accessory facilities, except that the following accessory facilities are exempt:
1. Licensed amateur (ham) radio and citizen band operations.
2. Hand-held, mobile, marine, and portable radio transmitters and/or receivers.
3. Public safety communications radio.
4. Radio and television mobile broadcast facilities.
5. Antennas and equipment cabinets or rooms completely located inside of permitted structures.
6. A temporary telecommunication facility mounted on a trailer or a portable foundation, with approval of the city manager for an emergency for a period of up to one year.
7. A single ground—or building-mounted dish antenna not exceeding the maximum height permitted by this section, including any mast, subject to the following restrictions:
a. Satellite Dish 39.37 Inches (One Meter) or Less. A satellite dish antenna 39.37 inches (one meter) or less in diameter, and (i) intended for the sole use of a person occupying the same parcel to receive direct broadcast satellite service, including direct-to-home satellite service, or to receive or transmit fixed wireless signals via satellite or (ii) a hub or relay antenna used to receive or transmit fixed wireless services that are not classified as telecommunication services, is permitted anywhere on a lot provided it does not exceed the height of the ridgeline of the primary structure on the same parcel.
b. Nonsatellite Dish 39.37 Inches (One Meter) or Less. A dish antenna 39.37 inches (one meter) or less in diameter or diagonal measurement, and (i) intended for the sole use of a person occupying the same parcel to receive video programming services via multipoint distribution services, including multichannel multipoint distribution services, instructional television fixed services, and local multipoint distribution services, or to receive or transmit fixed wireless signals other than via satellite or (ii) a hub or relay antenna used to receive or transmit fixed wireless services that are not classified as telecommunication services, is permitted anywhere on a lot.
8. An antenna that is less than twenty-five (25) feet in height and that is mounted on any existing building or other structure. The antenna shall be for the sole use of a person occupying the same parcel on which the antenna is located to receive television broadcast signals.
9. Any antenna or wireless communications facility that is exempt from local regulation pursuant to the rules and regulations of the Federal Communications Commission (FCC) or a permit issued by the California Public Utilities Commission (CPUC). The owner or operator of such facility shall provide the community development director with a copy of a current FCC or CPUC permit or a copy of applicable FCC regulations prior to its installation.
10. Minor modifications to existing wireless facilities as determined by the community development director that replace existing equipment in-kind or with smaller or less visible equipment, that meet the standards set forth in this section, and will have little or no change in the visual appearance of the facility.
C. Definitions of Telecommunication Terms.
“Antenna” means any system of wires, poles, rods, reflecting discs, or similar devices used for the transmission or reception of electromagnetic waves when such system is operated or operating from a fixed location.
“Base station” means a structure or equipment at a fixed location that enables FCC-licensed or authorized wireless communications between user equipment and a communications network. The term does not encompass a tower as defined in this subpart or any equipment associated with a tower.
a. The term includes, but is not limited to, equipment associated with wireless communications services such as private, broadcast, and public safety services, as well as unlicensed wireless services and fixed wireless services such as microwave backhaul.
b. The term includes, but is not limited to, radio transceivers, antennas, coaxial or fiber-optic cable, regular and backup power supplies, and comparable equipment, regardless of technological configuration (including distributed antenna systems and small-cell networks).
c. The term includes any structure other than a tower that, at the time the relevant application is filed with the state or local government under this section, supports or houses equipment described in subsections (a) and (b) of this definition that has been reviewed and approved under the applicable zoning or siting process, or under another state or local regulatory review process, even if the structure was not built for the sole or primary purpose of providing such support.
d. The term does not include any structure that, at the time the relevant application is filed with the state or local government under this section, does not support or house equipment described in subsections (a) and (b) of this definition.
“Collocation” means (a) mounting or installing a wireless telecommunication facility on a preexisting structure; and/or (b) modifying a structure for the purpose of mounting or installing a wireless telecommunication facility on that structure. For the purposes of eligible facilities requests, “collocation” means the mounting or installation of transmission equipment on an existing tower or base station.
“Eligible facilities request” means any request for modification of an existing tower or base station that does not substantially change the physical dimensions of such tower or base station, involving:
a. Collocation of new transmission equipment;
b. Removal of transmission equipment; or
c. Replacement of transmission equipment.
“Fixed wireless signal” means any commercial nonbroadcast communications signals transmitted via wireless technology to and/or from a fixed customer location. Fixed wireless signals do not include, among other things, AM radio, FM radio, amateur (“ham”) radio, CB radio, and digital audio radio service (DARS) signals.
“Hub or relay antenna” means any antenna that is used to receive or transmit fixed wireless signals for the distribution of fixed wireless services to multiple customer locations as long as the antenna serves a customer on whose premises it is located but excludes any hub or relay antenna that is used to provide any telecommunication services or services that are provided on a commingled basis with telecommunication services.
“Lattice tower” means a sub-type of tower; a three or more legged structure designed and erected on the ground to support wireless telecommunication antennas and connecting appurtenances.
“Monopole” means a sub-type of tower; a structure of single pole (nonlattice) design and erected on the ground to support wireless telecommunication antennas and connecting appurtenances.
“Satellite dish” or “nonsatellite dish” means a sub-type of antenna incorporating a reflective surface that is solid, open mesh, or bar configured that is shallow dish, cone, horn, or cornucopia shaped and is used to transmit and/or receive electromagnetic signals. This definition is meant to include, but is not limited to, what are commonly referred to as satellite earth stations, TVROs and satellite microwave antennas.
“Small wireless facilities” means facilities that meet each of the following conditions:
a. The facilities:
i. Are mounted on structures fifty (50) feet or less in height including their antennas as defined in this section;
ii. Are mounted on structures no more than ten percent (10%) taller than other adjacent structures; or
iii. Do not extend existing structures on which they are located to a height of more than fifty (50) feet or by more than ten percent (10%), whichever is greater;
b. Each antenna associated with the deployment, excluding associated antenna equipment (as defined in the definition of antenna), is no more than three cubic feet in volume;
c. All other wireless equipment associated with the structure, including the wireless equipment associated with the antenna and any preexisting associated equipment on the structure, is no more than twenty-eight (28) cubic feet in volume;
d. The facilities do not require antenna structure registration under 47 C.F.R. Part 17;
e. The facilities are not located on Tribal lands, as defined under 36 C.F.R. Section 800.16(x); and
f. The facilities do not result in human exposure to radiofrequency radiation in excess of the applicable safety standards specified in 47 C.F.R. Section 1.1307(b).
“Stealth design” means improvements or treatments added to a wireless telecommunication facility which are intended to make the facility look like something other than a wireless tower or base station or to mask or blend the proposed facility into the existing structure or visual backdrop in such a manner as to render it minimally visible to the casual observer.
“Tower” means any structure built for the sole or primary purpose of supporting any FCC-licensed or authorized antennas and their associated facilities, including structures that are constructed for wireless communications services including, but not limited to, private, broadcast, and public safety services, as well as unlicensed wireless services and fixed wireless services such as microwave backhaul, and the associated site.
“Wireless telecommunication facility” or “telecommunication facility” means a facility that transmits and/or receives electromagnetic signals. It includes antennas, microwave dishes, horns and other types of equipment for the transmission or receipt of such signals, equipment, switches, wiring, cabling, power sources, shelters or cabinets associated with an antenna, telecommunication towers or similar structures supporting said equipment, equipment buildings, parking area and other accessory development.
a. “Telecommunication facility—major” means any new stand-alone facility, excluding stand-alone small wireless facilities up to thirty-five (35) feet in height.
b. “Telecommunication facility—minor” means collocations and small wireless facilities up to thirty-five (35) feet in height. If a facility does not meet these criteria then it is considered a major telecommunication facility.
D. Permits Required.
1. Collocation Facilities (Government Code Section 65850.6). Collocation facilities are allowed by right when proposed on a wireless telecommunication collocation facility that was subject to a discretionary permit issued and an environmental impact report was certified, or a negative declaration or mitigated negative declaration was adopted for the wireless telecommunication collocation facility in compliance with the California Environmental Quality Act and the collocation facility incorporates required mitigation measures specified in that environmental impact report, negative declaration, or mitigated negative declaration.
2. Eligible Facilities Request (EFR). For eligible facilities requests, collocation of new transmission equipment, removal of transmission equipment, or the replacement of transmission equipment is allowed by right provided the modification of an existing tower or base station does not substantially change the physical dimensions of such tower or base station.
3. Telecommunication Facility, Major. Nonexempt major telecommunication facilities are permitted subject to conditional use permit.
4. Telecommunication Facility, Minor. Nonexempt minor telecommunication facilities are permitted subject to a minor use permit.
E. Application Requirements and Review Process. The following are the minimum criteria applicable to all telecommunication facilities. In the event that a project is subject to discretionary and/or environmental review, mitigation measures, more restrictive criteria than presented in this chapter, or other conditions of approval may also be necessary. All telecommunication facilities shall comply with:
1. Minimum Application Requirements. The community development director shall establish and maintain a list of information that must accompany every application for the approval of a telecommunication facility. Requirements are found on the telecommunication facility application on file with the community development department.
2. Expert Review. The community development director is explicitly authorized to employ on behalf of the city an independent technical expert to review any technical materials submitted including, but not limited to, those required under this section and in those cases where a technical demonstration of feasibility or unavailability of alternatives is required. The applicant shall pay all the costs of said review, including any administrative costs incurred by the city. Any proprietary information disclosed to the city or the expert hired shall remain confidential and shall not be disclosed to any third party.
3. Approval Authority.
a. Major Telecommunication Facilities. The planning commission shall be the hearing authority for major telecommunication facilities. All major telecommunication facilities require a public hearing.
b. Minor Telecommunication Facilities. Minor telecommunication facilities may be approved by the community development director through a minor use permit application. The community development director may refer an application for a minor telecommunication facility to the planning commission in his or her discretion based on comments received in response to public notice.
c. Collocation Facilities Requests and Eligible Facilities Requests, in Compliance With Subsections (D)(1) and (D)(2) of This Section. Collocation facilities requests and eligible facilities requests may be approved by the community development director through a minor use permit application.
4. Public Notice. In addition to the public notice required under Division II of this title, the following special noticing shall be provided:
a. Notice of a public hearing on a conditional use permit application under this section shall be provided to the operators of all telecommunication facilities within one mile of the subject parcel via mailing of the standard legal notice.
b. Notice of any application for a telecommunication facility shall be mailed to all adjacent property owners within three hundred (300) feet. The notice shall include the date by which public comments regarding the application shall be submitted for consideration and the date of the scheduled public hearing or date that the community development director shall make a determination on the application.
5. Required Findings.
a. General Findings. In approving any telecommunication facility except for a collocation facility request or an eligible facilities request, the approval authority shall make the following findings:
i. The proposed use conforms with the specific purposes of this section and any special standards applicable to the proposed facility;
ii. The applicant has made good faith and reasonable efforts to locate the proposed facility on a support structure other than a new ground-mounted antenna or to accomplish collocation;
iii. The proposed site results in fewer or less severe environmental impacts than any feasible alternative site; and
iv. The proposed facility uses a stealth design.
b. Additional Findings for a Major Facility. To approve a major telecommunication facility, the approval authority shall find that a minor telecommunication facility is not feasible because of technical, aesthetic, or legal consideration including that such siting:
i. Would have more significant adverse effects on views or other environmental considerations;
ii. Is not permitted by the property owner;
iii. Would impair the quality of service to the existing facility; or
iv. Would require existing facilities at the same location to go offline for a significant period of time.
c. Findings for Collocation Facilities Requests. The proposed collocation facility meets the requirements of subsection (D)(1) of this section.
d. Findings for Eligible Facilities Requests.
i. The proposed collocation or modification meets each and every one of the applicable criteria for an eligible facilities request stated in 47 C.F.R. Section 1.6100(b)(3) through (b)(9), or any successor provisions, after application of the definitions in 47 C.F.R. Section 1.6100(b). The approval authority shall make an express finding for each criterion;
ii. The proposed facility complies with conditions associated with the siting approval of the construction or modification of the eligible support structure or base station equipment, except to the extent preempted by 47 C.F.R. Section 1.6100(b)(7)(i) through (b)(7)(iv), or any successor provisions; and
iii. That the proposed facility will comply with all generally applicable laws.
e. Additional Findings for Setback Reductions. Except for a collocation facility request or an eligible facilities request, to approve a reduction in setback, the approval authority shall make one or more of the following findings:
i. The facility will be collocated onto or clustered with an existing, legally established telecommunication facility; and/or
ii. The reduced setback enables further mitigation of adverse visual and other environmental impacts than would otherwise be possible.
f. Additional Findings for Any Other Exception to Standards. The planning commission may waive or modify requirements of this section upon finding that strict compliance would result in noncompliance with applicable federal or state law. Requirements may be waived or modified only to the minimum extent required to avoid the noncompliance. An applicant seeking an exception must provide all supporting evidence for the request at the time of application submittal.
6. Conditional Use Permit Conditions of Approval. In addition to compliance with the requirements of this chapter, all facilities shall be subject to each of the following conditions of approval, as well as any modification of these conditions or additional conditions of approval deemed necessary by the approval authority:
a. The conditional use permit expires ten (10) years from approval and must be renewed in order to continue the use.
b. The permittee shall not place any facilities that will deny access to, or otherwise interfere with, any public utility, easement, or right-of-way located on the site. The permittee shall allow the city reasonable access to, and maintenance of, all utilities and existing public improvements within or adjacent to the site, including, but not limited to, pavement, trees, public utilities, lighting and public signage.
c. At all times, all required notices and signs shall be posted on the site as required by the FCC and CPUC, and as approved by the city. The location and dimensions of a sign bearing the emergency contact name and telephone number shall be posted pursuant to the approved plans.
d. At all times, the permittee shall ensure that the facility complies with the most current regulatory and operational standards, including, but not limited to, radio frequency emissions standards adopted by the FCC.
e. The permittee and owner of any site on which a telecommunication facility is located shall cooperate and exercise good faith in collocating telecommunication facilities on the same support structures or site. Good faith shall include sharing technical information to evaluate the feasibility of collocation and may include negotiations for erection of a replacement support structure to accommodate collocation. A competitive conflict to collocation or financial burden caused by sharing information normally will not be considered as an excuse to the duty of good faith.
i. No collocation may be required where it can be shown that the shared use would or does result in significant interference in the broadcast or reception capabilities of the existing telecommunication facilities or failure of the existing facilities to meet federal standards for emissions.
ii. Failure to comply with collocation requirements when feasible or cooperate in good faith as provided for in this section is grounds for denial of a permit request or revocation of an existing permit.
f. Within one month after construction of the wireless communications facility, the permittee shall verify compliance with FCC radio frequency emissions standards. The verification shall be submitted to the community development director. If at any time while the permit is in effect the community development director determines there is good cause to believe that the facility may emit RF emissions that are likely to exceed FCC standards, the community development director may require the permittee to submit a report described by this section. Failure to comply with this section shall be grounds for revocation of the conditional use permit.
g. Within sixty (60) calendar days after the applicant commences full, unattended operations of the permitted facility, the applicant shall provide the community development director with documentation that the permitted facility has been installed and/or constructed in compliance with the approved construction drawings and photo simulations and a technically sufficient written report by a qualified radio frequency emissions engineer certifying that the facility is in compliance with the radio frequency emissions guidelines or standards of the FCC.
7. Conditions of Approval for Collocation Facilities Requests. In addition to compliance with the requirements of this chapter, all facilities shall be subject to each of the following conditions of approval, as well as any modification of these conditions or additional conditions of approval deemed necessary by the approval authority:
a. Permit Subject to Conditions of Underlying Permit. Any permit granted in response to an application qualifying as a collocation facility request shall be subject to the terms and conditions of the underlying permit.
b. No Permit Term Extension. The city’s grant or grant by operation of law of a collocation facility permit will not extend the permit term for the underlying wireless telecommunication collocation facility permit or any other underlying regulatory approval, and its term shall be coterminous with the underlying permit or other regulatory approval for the subject wireless telecommunication collocation facility.
8. Eligible Facilities Requests Conditions of Approval. In addition to compliance with the requirements of this chapter, all facilities shall be subject to each of the following conditions of approval, as well as any modification of these conditions or additional conditions of approval deemed necessary by the approval authority:
a. Permit Subject to Conditions of Underlying Permit. Any permit granted in response to an application qualifying as an eligible facilities request shall be subject to the terms and conditions of the underlying permit.
b. No Permit Term Extension. The city’s grant or grant by operation of law of an eligible facilities request permit constitutes a federally mandated modification to the underlying permit or approval for the subject tower or base station. Notwithstanding any permit duration established in another permit condition, the city’s grant or grant by operation of law of an eligible facilities request permit will not extend the permit term for the underlying permit or any other underlying regulatory approval, and its term shall be coterminous with the underlying permit or other regulatory approval for the subject tower or base station.
9. Life of Approvals.
a. A conditional use permit that is issued pursuant to this section authorizing establishment of a telecommunication facility must be renewed every ten (10) years through the approval process specified in Section 17.05.020, Conditional use permit (CUP). The grounds for nonrenewal shall be limited to a showing that one or more of the situations listed below exist:
i. The use involved is no longer allowed in the applicable zoning district;
ii. The facility fails to comply with the relevant requirements of this section as they exist at the time of renewal and the permittee has failed to supply assurances acceptable to the community development director that the facility will be brought into compliance within one hundred twenty (120) days; and
iii. The permittee has failed to comply with the conditions of approval imposed.
b. The grounds for appeal of issuance of a renewal shall be limited to a showing that one or more of the situations listed above does in fact exist or that the notice required under subsection (E)(4) of this section was not provided.
10. Standard Agreement Required.
a. The property owner(s) and the permittee shall enter into a performance and maintenance agreement with the city. The terms of the agreement shall:
i. Ensure compliance with this chapter and all applicable conditions of approval;
ii. Require the facility to be appropriately maintained;
iii. Ensure new landscaping is installed and existing landscaping is maintained, preserved and protected, as indicated on the plans; and
iv. Require the property owners to defend, indemnify, and hold harmless the city.
b. The agreement shall be signed and notarized and submitted to the community development department when located on private property. The agreement shall run with the property to ensure that future property owner(s) are aware of the requirement for ongoing maintenance of the existing and approved landscaping.
F. Design and Location Standards. Telecommunication facilities shall be located, developed, and operated in compliance with all of the following standards and with applicable standards of the zoning district in which they are located.
1. Location and Siting.
a. No new freestanding facility, including a tower, shall be located within one thousand (1,000) feet of another freestanding facility, unless mounting on an existing building or existing pole or tower is not feasible.
b. All wireless telecommunication facilities shall meet the building setback standards of the district in which they are to be located unless findings for a setback reduction are made in accordance with subsection (E)(5)(e) of this section.
c. Major telecommunication facilities are not permitted in the LR, MR, and HR zoning districts.
d. Major and minor telecommunication facilities are not permitted on properties within the Historic Preservation Overlay district.
2. Support Structures. Support structures for telecommunication facilities may be any of the following subject to owner approval:
a. An existing nonresidential building.
b. An existing structure other than a building, including, but not limited to, light poles, electric utility poles, water towers, smokestacks, billboards, lattice towers, and flag poles. This term includes an electric utility pole erected to replace an existing electric utility pole, if the replacement pole will serve both electric and wireless communications functions, and if the replacement pole is substantially equivalent to the predecessor pole in placement, height, diameter and profile.
c. An alternative tower structure such as a clock tower, steeple, functioning security light pole, functioning recreational light pole, or any similar alternative-design support structure that conceals or camouflages the telecommunication facility to achieve a stealth design. The term “functioning” as used herein means the light pole serves a useful and appropriate lighting function as well as a wireless communications function.
d. Existing publicly owned and operated tower exceeding the maximum height limit.
e. A single pole (monopole) sunk into the ground and/or attached to a foundation. Any new monopole shall be constructed to allow for collocation of at least one other similar communications provider.
3. Height Limitations.
a. Freestanding Wireless Telecommunication Facility. A freestanding wireless telecommunication facility shall not exceed a height of fifteen (15) feet above the height limit of the district in which it is located.
b. Building—Mounted Facilities. Building-mounted telecommunication facilities shall not exceed a height of fifteen (15) feet above the height limit of the district or fifteen (15) feet above the existing height of a legally established building, whichever is lower, measured from the top of the facility to the highest point of attachment to the building.
c. Facilities Mounted on Structures. Telecommunication facilities mounted on an existing structure shall not exceed the height of the existing structure unless camouflaged as part of the structure design, except antennas may extend up to fifteen (15) feet above the height of an electric utility pole.
d. Facilities Mounted on Light Poles. A functioning security light pole or functioning recreational light pole shall have a height consistent with existing poles in the surrounding area or height usually allowed for such light poles.
e. Height Determination. A telecommunication tower shall be measured from the natural undisturbed ground surface below the center of the base of the tower to the top of the tower itself or, if higher, to the tip of the highest antenna or piece of equipment attached thereto. In the case of building-mounted towers, the height of the tower includes the height of the portion of the building on which it is mounted and to the tip of the highest antenna or piece of equipment attached thereto. In the case of “crank-up” or other similar towers whose height can be adjusted, the height of the tower shall be the maximum height to which it can be raised including any antenna or other equipment attached thereto.
4. Design and Screening. All telecommunication facility structures and equipment shall be located, designed and screened to blend with the existing natural or built surroundings, as well as any existing support structures, so as to reduce visual impacts.
a. Minimum Functional Height. All freestanding wireless telecommunication facilities shall be designed to be the minimum functional height and width required to support the proposed antenna installation, unless it can be demonstrated that a higher facility will facilitate collocation.
b. Stealth Design. State of the art stealth design technology shall be utilized as appropriate to the site and type of facility. Telecommunication facilities that are mounted on buildings or structures shall be designed to match existing architectural features, incorporated in building design elements, camouflaged, or otherwise screened to achieve a stealth design in a manner that is compatible with the architectural design of the building or structure. All finishes shall be nonreflective.
c. Equipment Cabinets. Equipment cabinets shall be located within the building upon which antennas are placed, if technically feasible. Otherwise, equipment cabinets and buildings, and associated equipment such as air conditioning units and emergency generators, shall be screened from view by a wall or landscaping, as approved by the city. Any wall shall be architecturally compatible with the building or immediate surrounding area.
d. Vegetation Protection and Facility Screening. All telecommunication facilities shall be installed in such a manner so as to maintain and enhance existing native vegetation and to install suitable landscaping to screen the facility where necessary. To this end the following measures shall be implemented:
i. Existing trees and other vegetation in the vicinity of the facility and along the access roads and power/telecommunication line routes involved shall be protected from damage, both during the construction period and thereafter.
ii. Where mature trees exist near the construction site, a tree protection plan shall be submitted with building permit or improvement plan submittal. This plan shall be prepared by a certified arborist and give specific measures to protect trees during project construction.
iii. No actions shall be taken subsequent to project completion with respect to the vegetation present that would increase the visibility of the facility itself or the access road and power/telecommunication lines serving it.
e. Lighting. Artificial lighting of a telecommunication facility, including its components, is prohibited, unless required by the Federal Aviation Administration. A motion-sensor light may be used for security purposes if the beam is directed downwards, shielded from adjacent properties, and kept off except when personnel are present at night.
f. Advertising. No advertising shall be placed on telecommunication facilities, equipment cabinets, or associated structures.
g. Collocation of Additional Wireless Facilities on an Approved Major Telecommunication Facility.
i. All facilities shall make available unused space for collocation of other telecommunication facilities, including space for those entities providing similar, competing services. Collocation is not required if the host facility can demonstrate that the addition of the new service or facilities would impair existing service or cause the host to go offline for a significant period of time. In the event a dispute arises as to whether a permittee has exercised good faith in accommodating other users, the city may require the applicant to obtain a third-party technical study at applicant’s expense. The city may review any information submitted by applicant and permittee(s) in determining whether good faith has been exercised.
ii. All collocated and multiple-user telecommunication facilities shall be designed to promote facility and site sharing. Telecommunication towers and necessary appurtenances, including but not limited to parking areas, access roads, utilities and equipment buildings, shall be shared by site users whenever possible.
5. Security Features. All facilities shall be designed to minimize opportunities for unauthorized access, climbing, vandalism, graffiti, and other conditions that would result in hazardous conditions, visual blight, or attractive nuisances.
a. Fencing. Security fencing, if any, shall not exceed the fence height limit of the base district. Fencing shall be effectively screened from view through the use of landscaping. No chain link fences shall be visible from public view.
b. Maintenance. The permittee shall be responsible for maintaining the site and facilities free from graffiti.
6. Roads and Parking. All telecommunication facilities shall be served by the minimum roads and parking areas necessary. To this end, existing roads shall be used for access whenever possible, and be upgraded the minimum amount necessary to meet standards specified by the fire chief and city engineer.
7. Radio Frequency Emissions Standards, Interference, and Noise.
a. Radio Frequency. Telecommunication facilities shall comply with federal standards for radio frequency emissions and interference. Failure to meet federal standards may result in termination or modification of the permit.
b. Interference. Telecommunication facilities shall not interfere with public safety radio communications.
c. Noise. Telecommunication facilities and any related equipment, including backup generators and air conditioning units, shall not generate continuous noise in excess of forty (40) decibels (dBa) measured at the property line of any adjacent residential property, and shall not generate continuous noise in excess of fifty (50) dBa during the hours of seven a.m. to ten p.m. and forty (40) dBa during the hours of ten p.m. to seven a.m. measured at the property line of any nonresidential adjacent property. Backup generators shall only be operated during power outages and for testing and maintenance purposes. Testing and maintenance shall only take place on weekdays between the hours of eight a.m. and five p.m.
8. Fire Prevention. All telecommunication facilities shall be designed and operated in a manner that will minimize the risk of igniting a fire or intensifying one that otherwise occurs.
a. At least one-hour fire resistant interior surfaces shall be used in the construction of all buildings.
b. The exterior walls and roof covering of all above-ground equipment shelters and cabinets shall be constructed of materials rated as nonflammable in the building code.
c. Monitored automatic fire extinguishing systems shall be installed in all equipment buildings and enclosures.
d. Openings in all above-ground equipment shelters and cabinets shall be protected against penetration by fire and wind-blown embers to the extent feasible.
G. Vacation and Removal of Facilities. The service provider shall notify the community development director of the intent to vacate a site at least thirty (30) days prior to the vacation. The operator of a telecommunication facility shall remove all unused or abandoned equipment, antennas, poles, or towers within sixty (60) days of discontinuation of the use and the site shall be restored to its original, preconstruction condition. (Ord. 23-4 § 5 (Exh. A))