Chapter 17.04

COMMON PROCEDURES

Sections:

The St. Helena Municipal Code is current through Ordinance 26-4, passed May 12, 2026.

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The purpose of this chapter is to establish common procedures and requirements for preparation, filing, and processing of development applications required by this title. The development review process is designed to provide a consistent and efficient method for the city to implement its general plan and other adopted goals, policies, and standards. For procedures specific to individual permit types, refer to Chapter 17.05, Planning Permits and Approvals. (Ord. 23-4 § 5 (Exh. A))

A. Applicant. Application for any permit shall be made by the property owner, or their authorized agent, to the community development director.

• B. Applications.

1. Application Forms. Application for permits or amendments shall be made with the community development director on a prescribed form and shall include information that is necessary for adequate review of the application, such as plans, elevations, facts, and information deemed by the community development director to be necessary to show details of the proposed use or development. Applications shall include the property owner’s written authorization for any permit, permit amendment, or permit extension to be recorded against the property, and the appropriate fee, in accordance with the provisions of Section 17.04.030, Fees, unless otherwise indicated.

2. Supplemental Materials and Information. The community development director may require the submission of supplemental materials and information as part of an application submittal, including statements, photographs, plans, drawings, renderings, models, material samples, special studies, and other items necessary to describe existing conditions and the proposed project, and to determine the level of environmental review pursuant to the California Environmental Quality Act (CEQA).

3. Filing Date. The filing date for an application shall be the date an application is certified by the city to be complete pursuant to California Government Code Section 65943 et seq.

C. Concurrent Permit/Approval Processing. The following provisions shall apply to multiple permit/approval processing and action by approval authorities:

1. If a project requires more than one discretionary permit or other approval, all permits or other approvals shall be processed concurrently. The concurrent processing of other discretionary permits and approvals associated with but not required for the development of the project (e.g., development agreement) is encouraged.

The St. Helena Municipal Code is current through Ordinance 26-4, passed May 12, 2026.

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2. When more than one permit or other discretionary approval is required and approval authority rests with both the planning commission and city council, the final action on all discretionary permits or other approvals shall be taken by the city council. In such cases, the planning commission’s actions shall consist of recommendations to the city council.

3. When a subdivision is proposed, the provisions of Title 16, Subdivisions, and this title shall apply. Approval authorities may combine in a single action or review such approvals as are required by this title and the single approval shall have the same effect as though each action were taken individually, provided each separate approval required is appropriately entered in the record.

D. Withdrawn Applications. An application may be withdrawn by the applicant prior to the opening of the public hearing or thereafter with the consent of the approval authority. A request to withdraw an application must be submitted by the applicant in writing. Withdrawal of an application shall terminate all further action on the application. Where an application has been withdrawn, an application for the same or substantially similar project may be filed within one year from the date of withdrawal. Any such subsequent application shall be considered a new application and be processed accordingly. (Ord. 23-4 § 5 (Exh. A))

This section is intended to ensure that the city is reimbursed for its costs of providing services to applicants for development projects and provide uniformity with respect to such provisions. The provisions listed below apply to all such projects except to the extent that more specific state or local regulations preempt its application.

A. Filing Fee. Fees for processing applications shall be set by resolution of the city council and shall be representative of the actual costs incurred by the city for processing the application.

B. Billing Rates. The hourly rate to be billed by the city staff shall be periodically set by resolution of the city council; other processing costs shall be at rates set by resolution of the city council (e.g., costs of reproduction) or at direct cost to the city (e.g., postage). Such rates shall not exceed the costs (direct and indirect) of the services provided. Consultants shall be billed at the rate and for the expenses charged to the city plus any allocable overhead.

C. Billing Records. All processing costs associated with the investigation, processing, inspection or review of development projects, or the enforcement of applicable regulations and conditions to development projects shall be recorded and charged to each project.

• D. Payment of Processing Fees.

1. The city may, when the community development director deems it appropriate, require an applicant to deposit funds with the city from which the costs described in this section will be paid. Any remaining unused balance will be returned to the applicant within a reasonable time after a final decision on the application has been made.

The St. Helena Municipal Code is current through Ordinance 26-4, passed May 12, 2026.

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2. No development application may be filed without a deposit in an amount estimated to cover processing costs unless payment of processing fees has been waived by action of the city council, or the applicant is a public entity exempted from payment of such fees. The city shall make subsequent periodic invoices to ensure that the balance in the project account remains sufficient to cover anticipated processing costs, and it shall be the responsibility of those liable for payment to make such payments.

   3. Each applicant for, or operator of, a development project, as well as the owner of the subject property, if different, shall be liable for payment of all processing fees associated with the development project.

• E. Failure to Pay Processing Fees.

1. Any city body with the authority to approve or conditionally approve or deny a development project may deny such project with leave to amend if after notice the responsible party or parties fail to comply with this section. The applicant shall be given no less than ten (10) calendar days’ mailed notice of the city’s intent to take such action.

2. The community development director, public works director, or chief building official may issue a stop work order if the job site has previously been posted with a notice of intent to issue a stop work order for failure to comply with this section.

   3. An action may be brought in the name of the city, in any court of competent jurisdiction, to enforce a lien. In such action, reasonable attorney’s fees shall be awarded to the prevailing party.

   4. The finance director may bring a civil action in the name of the city to collect the fees owing pursuant to this section. In such action, reasonable attorney’s fees shall be awarded to the prevailing party.

• F. Lien on Subject Property.

1. The finance director may notify an applicant or operator and, if different, the owner of the subject property, of the failure to comply with this section, the amount outstanding and of the fact that if not paid, the processing fees shall become a lien against the property. Such notice shall be given by registered or certified mail upon the owner or owner’s agent, as shown on the last equalized assessment roll. Service on one property owner in multiple ownership shall be deemed in compliance with this section. If an address for an owner cannot be reasonably obtained, the notice required by this section may be given by posting the subject property.

2. Within ten (10) days from the date of posting, or date of registered or certified mail service, the applicant or operator, and, if different, the owner or any person interested in the property, may appeal the decision to file a lien under subsection (F)(1) of this section to the city council by filing a written appeal with the city clerk, setting forth in detail the reasons for appeal. The council shall hear from the appellant and subsequently approve or deny the appeal. The city council’s decision shall be final and conclusive.

3. At the expiration of the time set for appeal or upon determination of the city council upon appeal, the processing fees due and any outstanding amounts owed become a lien upon the subject property. (Ord. 23-4 § 5 (Exh. A))

The St. Helena Municipal Code is current through Ordinance 26-4, passed May 12, 2026.

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A. Initial Completeness Review. The community development director shall determine whether an application is complete within thirty (30) days of the date the application is filed and required fee received.

B. Incomplete Application. Permits authorizing the use, construction, reconstruction, or alteration of any structure may be withheld when information submitted is inadequate or incomplete. If an application is deemed incomplete, the community development director shall provide a written notification to the applicant listing information necessary to complete the application.

1. Zoning Code Violations. An application shall not be found complete if conditions exist on the site in violation of this title or any permit or other approval granted in compliance with this title, unless the proposed project includes the correction of the violations.

2. Appeal of Application Completeness Determination. Determinations of incompleteness are subject to the provisions of Chapter 17.12, Procedures for Appeals, except there shall be a final written determination on the appeal no later than sixty (60) days after receipt of the appeal.

3. Submittal of Additional Information. A determination will be made whether the permit may be issued or if the applicant must supply additional information to complete the permit application. The applicant shall provide the additional information within the time limit specified by the community development director, which shall be no sooner than thirty (30) days. The community development director may grant one extension of up to ninety (90) days.

4. Expiration of Application. If an applicant fails to submit the information identified on the written notification of an application that is determined to be incomplete within one hundred eighty (180) days, the application shall expire and be deemed withdrawn. After the expiration of an application, a new, complete application, along with all required fees, shall be submitted for review.

C. Complete Application. In compliance with the California Permit Streamlining Act Section 65920, when a planning application is deemed complete, the community development director must make a record of that date and proceed with processing the application. If an application requires a public hearing, the community development director shall schedule a hearing and notify the applicant of the date and time, pursuant to Section 17.04.080, Public hearing notice.

D. Procedure for Zoning Compliance. Prior to approval of the following land use activities the community development director shall first establish compliance with the provisions contained in this title:

1. Business license requests;

2. Issuance of building permits;

3. The first and subsequent nonresidential occupancies or uses of any land, lot, building or structure;

4. Any full or partial change in the nonresidential occupancy or use of any land, lot, building or structure; or

The St. Helena Municipal Code is current through Ordinance 26-4, passed May 12, 2026.

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5. The expansion of any nonresidential occupancy or use of any land, lot, building or structure.

The community development director shall confirm if the use, building or structure complies with all applicable city ordinances and the general plan, and compliance with any conditions of approval imposed on any permit authorized by this title. Actions of the community development director taken in regard to the provisions of this section may be appealed to the planning commission and city council pursuant to Chapter 17.12, Procedures for Appeals.

• E. Referral of Application.

  1. When the community development director is the approval authority, the community development director has the discretion to refer the application to the planning commission.

2. At the discretion of the community development director, or where otherwise required by this title, state or federal law, any application filed in compliance with this title may be referred to any city department, public agency, or interest group that may be affected by or have an interest in the proposed land use project for review and comment on the application.

• F. Extensions for Review of Application. The community development director may, upon written request, grant extensions of any time limit for review of applications imposed by this title. (Ord. 23-4 § 5 (Exh. A))

Each zoning district establishes a list of primary uses and accessory uses which are permitted, permitted with a minor use permit (MUP), or permitted with a conditional use permit (CUP). Occasionally, uses may be proposed which are not specifically listed in the use tables of Chapters 17.16 through 17.20. This section provides procedures that shall be observed when an unlisted use is proposed in a zoning district. A use determined to be similar shall apply to the zoning district uniformly regardless of location.

A. Community Development Director. The community development director may administratively determine that the proposed uses are similar to those of the appropriate use category where the uses are clearly similar in character to those uses listed and consistent with the purposes of the zoning district and general plan.

B. Planning Commission. The planning commission’s determination of similar use is subject to appeal to the city council pursuant to the provisions of Chapter 17.12, Procedures for Appeals. (Ord. 23-4 § 5 (Exh. A))

Without following the procedures otherwise required prior to the adoption of a zoning ordinance, the city council may adopt an interim ordinance as an urgency measure to prohibit any use which may be in conflict with a contemplated zoning proposal which the city council, planning commission, or the community development director is considering, studying, or intends to study within a reasonable time. The interim zoning ordinance shall

The St. Helena Municipal Code is current through Ordinance 26-4, passed May 12, 2026.

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require a four-fifths vote of the city council for adoption and comply with the provisions of California Government Code Section 65858. (Ord. 23-4 § 5 (Exh. A))

The California Environmental Quality Act of 1970 (CEQA) and city guidelines, as amended, require environmental review of all projects which must obtain discretionary approval from the city. The intent of the review process is to evaluate and make publicly known the possible impacts of proposed projects on the environment and to mitigate significant adverse impacts. Each project is evaluated by the community development director according to CEQA guidelines and a determination made whether additional environmental review is required. (Ord. 23-4 § 5 (Exh. A))

• A. Applicability. Public hearing notices are required for all applications subject to a public hearing.

• B. Noticing Procedures. The following noticing procedures shall be observed when a public hearing is required by this title:

  1. Notice shall include:

     • a. The date, time and place of the hearing;

     • b. The identity of the hearing body;

     • c. A brief description of the matter to be considered and permits required;

     • d. A description (text or diagram) of the location of the property involved; and

     • e. The following statement: “If you challenge the City’s decision on this matter in Court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice or in written correspondence delivered to the City at, or prior to, the public hearing.”

  2. Notice shall be given not less than ten (10) calendar days prior to the public hearing.

  3. Notice shall be given by the following, except as provided below in subsection C of this section, Special Provisions:

     • a. Mailed notice to the applicant, the owner of the property, persons who have requested notice of a hearing for a specific project, and all property owners within three hundred (300) feet of the proposed project site.

     • b. Publication of legal notice in a newspaper determined to be a newspaper of general circulation in St. Helena.

The St. Helena Municipal Code is current through Ordinance 26-4, passed May 12, 2026.

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4. Notice for all applications considered by the city council at a public hearing which have been considered previously by the planning commission shall consist of the same notice required for the planning commission hearing.

• C. Special Provisions. The following special public hearing notice provisions shall apply to the adoption of a general plan, general plan element, substantive text amendment of the general plan, substantive text amendment of the zoning ordinance, and any project, including a general plan land use map amendment, for which the number of property owners who would be sent a public hearing notice pursuant to this title is greater than one thousand (1,000):

  1. Placing a display advertisement of at least one-eighth page in a newspaper determined to be a newspaper of general circulation in the city; or

  2. Placing an insert with any generalized mailing sent by the county or city to property owners in the area affected by the proposed ordinance or amendment, such as billing for city services.

The public hearing notice required pursuant to this section shall be in lieu of that required by subsection B of this section, Noticing Procedures, except for the applicant and property owner. (Ord. 23-4 § 5 (Exh. A))

The hearing body, on its own motion, may continue a hearing from time to time. No additional notice shall be required for the continuance of a noticed public hearing to a specific date. At their own discretion, applicants may request that their project be acted upon rather than continued. (Ord. 23-4 § 5 (Exh. A))

When making a decision to approve, approve with conditions, modify, revoke, or deny any discretionary permit under this title, the responsible authority shall issue a notice of action and make any findings that are required by the zoning code.

• A. Time of Action.

  1. A decision shall be deemed to have been made at the time action is taken by the city council.

  2. A decision of the planning commission shall be deemed to be made ten (10) days following the commission’s action on a conditional use permit.

  3. A decision shall be deemed to have been made on the date of issuance of a notice of action by the community development director.

B. Notice of Action. When a final decision is made by notice of action, the decision made and the findings or conditions that were the basis for the decision shall be described. The community development director shall mail

The St. Helena Municipal Code is current through Ordinance 26-4, passed May 12, 2026.

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the notice of action to the applicant at the mailing address stated in the application and to any other person or entity requesting the notification in writing. (Ord. 23-4 § 5 (Exh. A))

In considering an application for a permit or other discretionary approval authorized by this title, final approval authorities may require changes to applications and impose conditions of approval in order to effect the policies of the general plan and the purpose of this title. Conditions of approval, which may include dedication of land, installation of specific improvements, size, design and placement of buildings or structures, landscaping, and limitations on use and hours of operation, shall be reasonably related to the type of impacts caused by the use of the property for which the permit or other discretionary approval is requested. (Ord. 23-4 § 5 (Exh. A))

A. Issuance of Approval. The issuance of a permit or approval requirement described in this title authorizes the holder to proceed in compliance with the terms of the permit. The applicant must follow the procedures of this title for any additional applicable permits or approvals in order to complete the development and occupancy requirements for the subject property.

B. Conditions of Approval. All conditions of approval shall be binding upon the applicant, their successors, and assigns; shall run with the land; shall limit and control the issuance and validity of certificates of occupancy; and shall restrict and limit the construction, location, use, and maintenance of all land and structures within the development.

C. Ownership and Transferability of Permits and Approvals. An approved permit or other discretionary approval applies to the subject property and runs with the land, except as specifically provided in this title. Once vested, an approved permit or other discretionary approval remains effective unless terminated, abandoned, revoked or modified even if the subject property is subsequently rezoned. An approved permit or other discretionary approval is transferable to any future owner of the subject property.

D. Inspections. All approvals may be subject to periodic review to determine compliance with the permit and applicable conditions. If a condition specifies that activities or uses allowed under the permit are subject to periodic reporting, monitoring or assessments, it shall be the responsibility of the permit holder, the property owner, or successor property owners to comply with such conditions. (Ord. 23-4 § 5 (Exh. A))

• A. Term of Permits and Approvals.

The St. Helena Municipal Code is current through Ordinance 26-4, passed May 12, 2026.

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1. A discretionary approval authorized by this title shall expire one year from the date that such approval becomes effective unless the applicant has established a vested right to proceed or a subdivision map that was concurrently approved for the project remains valid.

2. A discretionary approval takes effect the day following the expiration of the appeal period if no appeal is filed or the day following the denial of an appeal.

• B. Validity of Permits. The following shall establish the validity of permits or other discretionary approvals:

1. Establishment of Use. A permit or other discretionary approval shall remain valid as long as the use authorized by the permit is lawfully established prior to the expiration of the permit or the holder of the permit or other discretionary approval has established to the satisfaction of the community development director a good faith, diligent effort to lawfully establish the use pursuant to the procedures set forth by this section.

2. Valid Building Permit. A permit or other discretionary approval shall remain valid as long as there is a valid building permit for construction authorized by the permit. If the building permit expires, or if no building permit has been issued for construction authorized by the permit or other discretionary approval during the one year that the permit is valid, the permit or other discretionary approval shall expire unless an extension of time has been granted pursuant to Section 17.04.140, Extension of permits and approvals, or the holder of the permit or other discretionary approval has established to the satisfaction of the community development director a good faith, diligent effort to lawfully establish the use pursuant to the procedures set forth by this section.

• C. Expiration of Permits. The following establish the expiration of permits or other discretionary approvals:

1. Failure to Establish Use. Any permit or discretionary approval that allows for the establishment of a use shall be revoked by the community development director if it is determined that the use has not been established within a period of six consecutive months from the date the permit was issued or the discretionary approval was granted.

2. Failure to Continue Use. Any permit or discretionary approval that allows for the establishment of a use shall be revoked by the community development director if it is determined that the use has been abandoned, ceased operations, or has been vacated for a period of six consecutive months from the date the permit was issued or the discretionary approval was granted, unless the holder of the permit or other discretionary approval has confirmed to the satisfaction of the community development director a good faith, diligent effort to continue the use pursuant to the procedures set forth by this section.

d, ceased operations, or has been vacated for a period of six consecutive months from the date the permit was issued or the discretionary approval was granted, unless the holder of the permit or other discretionary approval has confirmed to the satisfaction of the community development director a good faith, diligent effort to continue the use pursuant to the procedures set forth by this section.

3. Incompletion of a Project. If only a portion of a project is completed pursuant to a permit authorizing its development, the permit or other discretionary approval for the balance of the project shall expire if no substantial action is taken toward completion of the balance of the project in a one-year period.

D. Determination of Expiration or Extension. The following provides for determination of the expiration or extension of permits or other discretionary approvals:

The St. Helena Municipal Code is current through Ordinance 26-4, passed May 12, 2026.

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1. Notification of Determination of Expiration. If the community development director determines that the holder of the permit or other discretionary approval has not attempted to establish or continue the approved use diligently and in good faith, the community development director shall notify the holder of the permit or other discretionary approval in writing of that determination, and that the permit or other discretionary approval is expired, lapsed and null and void. The community development director’s determination that the permit or other discretionary approval has expired may be appealed to the planning commission by the holder of the permit or other discretionary approval.

2. Notification of Determination of Extension. If the community development director determines that the holder of the permit or other discretionary approval has attempted to establish or continue the approved use diligently and in good faith, the community development director shall notify the holder of the permit or other discretionary approval in writing of that determination, and that the permit or other discretionary approval has been extended for an additional period. Any such extension shall be for a period of one year and shall be subject to the requirements set forth in subsection B of this section for establishing the use within that time period and the requirements set forth in subsection (D)(1) of this section for submitting additional information prior to the expiration of any such extension. The community development director’s determination to extend the permit or other discretionary approval shall be final. (Ord. 23-4 § 5 (Exh. A))

A permit or other discretionary approval may be extended for not more than two one-year periods, or for as long as any subdivision concurrently approved is extended, whichever is longer; provided, that an application is filed at least thirty (30) days prior to its expiration date.

The community development director may grant an extension of an approval where there has been no proposed change in the original permit or approval. Extensions may be granted subject to additional conditions or amendments; however, if the permit or other discretionary approval is no longer in conformance with this title, general plan, or other city regulations, no extension shall be granted. A permit or other discretionary approval shall remain valid during the time an application for an extension is processed and considered by the appropriate approval authority. (Ord. 23-4 § 5 (Exh. A))

A. Minor Modifications to an Approval. At the discretion of the community development director, a minor modification to a discretionary approval may require only administrative review and approval, but no minor modification may change the approved use, density, or intensity.

B. Major Modifications to an Approval. Any modification to a discretionary approval that is not a minor modification under subsection A of this section is a major modification and must be approved by the approval authority that issued the discretionary approval. (Ord. 23-4 § 5 (Exh. A))

The St. Helena Municipal Code is current through Ordinance 26-4, passed May 12, 2026.

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A. Denial With Leave to Amend. If an application for a permit or other discretionary approval is denied with leave to amend, an application for the same or a substantially similar project may be filed within one year from the date of the denial without being considered a new application.

B. Denial Without Leave to Amend. If an application for a permit or other discretionary approval is denied without leave to amend, in compliance with subsection A of this section, no new application for the same or a substantially similar project may be filed for a period of one year from the date of the denial. A denial without leave to amend must be accompanied by a statement that no right or privilege of the applicant is waived or lost by the denial if an amended application is resubmitted within one year from the denial.

1. If an application for a permit or discretionary approval on the same property is received within one year from the date of denial, the community development director shall make the threshold decision whether the project is substantially similar to the rejected project and therefore cannot be filed for processing.

2. The community development director shall provide the applicant, each member of the approval authority and any person who has submitted a written request for notice a copy of the community development director’s proposed decision. Unless an appeal is filed, the proposed decision shall become final fifteen (15) days after notice is given by mail and provided to the approval authority.

3. Upon request of community development director, the matter shall be placed on the agenda for a decision whether the project is substantially similar. (Ord. 23-4 § 5 (Exh. A))

Any person, firm, or corporation aggrieved by a decision of the approval authority in interpreting, applying, or enforcing this chapter may file an appeal in compliance with the appeal provisions established in Chapter 17.12, Procedures for Appeals. (Ord. 23-4 § 5 (Exh. A))