Title 17 — ZONING CODE›Division II — Administration and Procedures

Chapter 17.05

St. Helena Zoning Code · 2026-07 edition · ingested 2026-07-07 · St. Helena

PLANNING PERMITS AND APPROVALS

Sections:

  • 17.05.010 Purpose. 17.05.020 Conditional use permit (CUP).

  • 17.05.030 Demolition permit.

  • 17.05.040 Historic demolition permit.

  • 17.05.050 Development agreement. 17.05.060 Home occupation permit.

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

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  • 17.05.070 Major design review. 17.05.080 Minor design review. 17.05.090 Minor use permit. 17.05.100 Short-term rental ordinance. 17.05.110 Temporary use permit.

17.05.010 Purpose.

This chapter provides the procedures for the preparation, filing, and processing of applications for planning permits and other entitlements required by this title. (Ord. 23-4 § 5 (Exh. A))

17.05.020 Conditional use permit (CUP).

A. Purpose. The purpose of a conditional use permit (CUP) is to allow the proper integration in the city of essential or desirable uses while ensuring that such uses are and will continue to be compatible with surrounding existing and planned uses. The purpose is also to establish conditions as necessary to ensure the harmonious integration and compatibility of uses in the neighborhood and with surrounding areas.

  • B. Applicability. Division III of this title, District Regulations, identifies land uses and activities that require a CUP.

  • C. Application.

    1. Application. An application for a CUP shall be prepared, filed, and processed in compliance with Section 17.04.020, Application process.

    2. Responsibility. It is the responsibility of the applicant to provide support for the findings required by subsection E of this section.

  • D. Public Hearing and Procedure.

    1. Public hearings shall be properly noticed in compliance with Section 17.04.080, Public hearing notice.

    2. The planning commission shall hold a public hearing on the CUP application and shall, at the conclusion of the public hearing, approve (with or without conditions), or deny the application in compliance with the requirements for conditional uses and other applicable sections of this code.

  • E. Findings. The planning commission may approve the CUP only after making the following findings:

    1. The proposed use is consistent with the goals and policies of the general plan and any applicable specific plan;

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

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  1. The proposed use is appropriate for the zoning district in which it is located, compatible with uses allowed in the zoning district, and complies with all other applicable provisions of the zoning code;

  2. The proposed use will not be materially detrimental to the health, safety, and welfare of the public or the property and residents in the vicinity;

  3. The subject site is physically suitable for the use and compatible with existing and future land uses, buildings and structures in the vicinity;

  4. For formula businesses, the proposed use is consistent with the findings of Section 17.22.120, Formula businesses; is consistent with the unique and historic character of the city; will preserve the distinctive visual appearance and shopping experience of the city for its residents and visitors; and will be compatible with existing uses in the zoning district;

  5. The subject site is served by streets adequate in width and improvement to carry the kind and quantity of traffic the proposed use would likely generate or that the streets in question are physically or financially impossible to be improved and that the proposed use is deemed to be beneficial to the city; and

  6. The project is categorically exempt under CEQA or other applicable environmental documents have been certified as complete and adequate.

  • F. Conditions of Approval.

  1. The planning commission may attach conditions of approval to a CUP as are necessary to carry out the purposes of the general plan, other adopted plans, or findings of subsection E of this section. Some of the conditions may include limitations on size, bulk, and location; requirements for additional landscaping or buffers; mitigation of adverse environmental impacts; and other conditions such as the duration of the permit, hours of operation, and time limits on construction.

    1. Conditions of approval will only be imposed if they are necessary to ensure:

      • a. The intent and purpose of the general plan and this code are met;

      • b. Compatible and complementary development and operation of the property; and

      • c. The provision of appropriate off-site improvements.

  • G. Master Use Permit.

  1. Purpose and Applicability. A master use permit is a special type of conditional use permit which authorizes more than one conditional use, including future uses, from the list of conditional uses of the zoning district in which a property is located. The planning commission may approve a master use permit on properties with one or more buildings which are occupied or designed for occupancy by multiple nonresidential uses.

  2. Application Requirements. See subsection C of this section for application requirements.

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

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  1. Public Hearing and Procedure. The procedure and findings for a master use permit shall be the same as that of a CUP as described above. Following approval of a master use permit, any uses so authorized may be established subject only to compliance with any conditions of approval. Each master use permit shall list all of the conditional uses authorized by the permit and may be subject to conditions or requirements over and above those which might be applied for any particular use.

  • H. Notice of Action, Appeals, Expiration, Extensions, and Modifications.

    1. Notice of Action. Notice of action shall be provided pursuant to Section 17.04.100, Timing and notice of action.

    2. Appeals. A decision of the planning commission may be appealed to the city council as provided in Chapter 17.12, Procedures for Appeals.

    3. Expiration, Extensions, and Modifications. Conditional use permits may only be extended or modified as provided for in Section 17.04.140, Extension of permits and approvals, and Section 17.04.150, Modifications to an approval. (Ord. 23-4 § 5 (Exh. A))

17.05.030 Demolition permit.

A. Purpose. The purpose of this section is to provide the procedure for processing a demolition permit for nonhistoric structures.

B. Applicability. This section applies to all buildings and structures less than fifty (50) years old that are proposed for demolition.

  • C. Application Requirements.

  1. Application. An application for a demolition permit shall be prepared, filed, and processed in compliance with Section 17.04.020, Application process. If the structure is fifty (50) years or older, a historic resource determination report may be needed from a qualified architectural historian. Applicants should contact the community development department to verify requirements.

  2. Responsibility. It is the responsibility of the applicant to provide information regarding the findings described by subsection D of this section.

D. Findings. No permit authorizing the demolition of any building within any zoning district shall be issued until approved by the planning commission in accordance with the following findings:

  1. The building is determined not to be a significant architectural or historical building based on the public record and testimony presented at a public hearing;

  2. The demolition would not eliminate elements that are required to maintain the essential character of the neighborhood;

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

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  1. Design review of the proposed replacement structure is approved prior to, or in conjunction with, approval of the demolition of a structure; and

  2. The building to be demolished does not reflect neglect by the owner.

  • E. Notice of Action, Appeals, Expiration, Extensions, and Modifications.

    1. Notice of Action. Notice of action shall be provided pursuant to Section 17.04.100, Timing and notice of action.

    2. Appeals. A decision of the planning commission may be appealed to the city council as provided in Chapter 17.12, Procedures for Appeals.

    3. Expiration, Extensions and Modifications. Demolition permits may only be extended or modified as provided for in Section 17.04.140, Extension of permits and approvals, and Section 17.04.150, Modifications to an approval. (Ord. 23-4 § 5 (Exh. A))

17.05.040 Historic demolition permit.

A. Purpose. The purpose of this section is to provide procedures for the processing of a demolition permit for potential historic structures.

  • B. Applicability. This section applies to:

    1. All structures over fifty (50) years old within the historic preservation overlay district or determined to be a historic resource by a qualified architectural historian; and

    2. Any structure listed on the city’s historic resources master list (local register).

    3. Exemptions. The following are exempt from the historic demolition permit requirement:

      • a. Buildings and structures determined by the chief building official to pose a serious and immediate threat to the public health, safety, or general welfare.

b. A building or structure included in the city’s local register but whose listing is determined by the community development department to be based on erroneous information, based on evidence in the record.

c. The structure or building is determined by the community development department to not meet criteria for historical significance as defined by Public Resources Code Section 5020.1 or 5024.1, based on evidence in the record.

d. Demolition of interior partitions, walls, or any other demolition that will not modify the exterior appearance of the structure or building.

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

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  • C. Application Requirements.

    1. Application. An application for a historic demolition permit shall be prepared, filed, and processed in compliance with Section 17.04.020, Application process. Specific requirements unique to the historic demolition permit are listed on the application.

    2. Responsibility. It is the responsibility of the applicant to provide information regarding the findings described by subsection F of this section.

  • D. Environmental Review. Environmental review of a historic demolition permit application shall be conducted in accordance with CEQA.

  • E. Public Hearing and Procedures.

    1. Public hearings shall be properly noticed in compliance with Section 17.04.080, Public hearing notice.

    2. The planning commission shall hold a public hearing on a historic demolition permit application and shall, at the conclusion of the public hearing, approve (with or without conditions), or deny the application in compliance with the provisions of Chapter 17.04, Common Procedures.

F. Findings. In order to approve an application for a historic demolition permit, the planning commission must make at least three of the following findings:

  1. The building or structure does not represent a unique and irreplaceable historic or architectural resource.

  2. The adaptive reuse of the structure is infeasible or inappropriate, due to economic considerations, structural conditions or land use incompatibility.

  3. The relocation of the structure is infeasible due to cost, structural conditions or lack of an interested party.

  4. Restoration of the building or structure is not feasible or practical using current building codes including, but not limited to, the historic building code provisions of the California Building Standards Code.

  5. No public or other funding is available for financing renovation or purchase of the property on which the building or structure is located.

  6. The characteristics of the building or structure that originally supported its inclusion in a cultural resources survey are no longer present and such absence is not a result of:

  • a. Willful or negligent acts by the owner that resulted in structural deterioration;

  • b. Failure to perform normal maintenance and repairs;

  • c. Failure to diligently solicit and retain tenants; and

  • d. Failure to secure and board the structure if vacant.

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

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  1. The base zoning of the site is incompatible with the intended reuse of the existing structure.

  2. The structure cannot be restored without repairs that would exceed fifty percent (50%) of the value of the structure itself. This finding shall be supported by (a) an appraisal prepared by a certified appraiser to determine the value of the structure and (b) at least two bids from qualified contractors to determine the cost of repairs to the structure.

  3. The historic resource must be removed from the site in order for the property to be utilized for a structure or use that substantially benefits the public.

  4. Demolition of the structure will not have a significant impact on the historic integrity of the designated or potential historic district.

  • G. Notice of Action, Appeals, Expiration, Extensions, and Modifications.

    1. Notice of Action. Notice of action shall be provided pursuant to Section 17.04.100, Timing and notice of action.

    2. Appeals. A decision of planning commission may be appealed to the city council as provided in Chapter 17.12, Procedures for Appeals.

    3. Expiration, Extensions and Modifications. Historic demolition permits may only be extended or modified as provided for in Section 17.04.140, Extension of permits and approvals, and Section 17.04.150, Modifications to an approval.

  • H. Conditions of Approval. Potential conditions of approval that may be adopted by the planning commission in approving a historic demolition permit include, but are not limited to, the following:

    1. Prior to demolition, the applicant shall provide archival quality photographs, floor plans and elevation drawings, as appropriate, to record the building(s) or structure(s) being demolished.

  1. Prior to issuance of the historic demolition permit, the planning commission shall approve a design review application for new construction for the site of the demolished structure(s) and a building permit shall be issued for the replacement structure(s). In addition to the findings required under Section 17.05.070, Major design review, the planning commission shall find that the proposed design is compatible with the historic character of the surrounding historic neighborhood, if applicable.

  2. The applicant shall donate to the St. Helena Historical Society or a subsequent similar entity any artifact or other architectural element identified by the preservation consultant or planning commission. The artifact or architectural element shall be carefully removed and delivered to the St. Helena Historical Society or a subsequent similar entity in good condition to be used in future conservation work.

  3. The applicant shall offer any reputable firm, group or individual the opportunity to move the building to another site for restoration.

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

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  1. The city may require the applicant to bond for no less than twenty-five percent (25%) of the estimated construction cost of the replacement structure or structures approved under subsection (H)(2) of this section. (Ord. 23-4 § 5 (Exh. A))

17.05.050 Development agreement.

  • A. Purpose. The purpose of this section is to provide procedures for the processing of development agreements.

B. Applicability. The city may enter into an agreement with a qualified applicant for the development of real property as provided in this chapter under the authority of California Government Code Sections 65864 through 65869.5.

C. Qualifications. Only a qualified applicant may file an application to enter into a development agreement. A qualified applicant is a person who has legal or equitable interest in the real property that is the subject of the development agreement. The community development director may require an applicant to submit proof of his or her interest in the real property and of the authority of the agent to act for the applicant. Before processing the application, the community development director shall obtain the opinion of the city attorney to confirm the sufficiency of the applicant’s interest in the real property to enter into the agreement.

D. Application Requirements.

  1. Application. An application for a development agreement shall be prepared, filed, and processed in compliance with Section 17.04.020, Application process.

  2. Form of Agreement. Each application shall be accompanied by the form of development agreement proposed by the applicant. This requirement may be met by designating the city’s standard form of development agreement and including specific proposals for changes in, or additions to, the language of the standard form.

  • E. Public Hearing and Procedures.

  1. A public hearing on an application for a development agreement shall be held by the planning commission and the city council. Notice of intention to consider adoption of a development agreement shall be given as provided in California Government Code Sections 65100 and 65110. These notice requirements are declaratory of existing law. If state law prescribes a different notice requirement, notice shall be given in that manner.

  2. The failure of any person entitled to notice required by law or this chapter to receive such notice does not affect the authority of the city to enter into a development agreement.

  3. No action, inaction or recommendation regarding the proposed development agreement shall be held void or invalid or be set aside by a court by reason of any error, irregularity, informality, neglect or omission (“error”) as to any matter pertaining to petition, application, notice, finding, record, hearing, report, recommendation or any matters of procedure whatever unless after an examination of the entire case,

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

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including the evidence, the court is of the opinion that the error complained of was prejudicial and that by reason of the error the complaining party sustained and suffered substantial injury, and that a different result would have been probable if the error had not occurred or existed. There is no presumption that error is prejudicial or that injury was done if error is shown.

  • F. Planning Commission Determination. After the hearing by the planning commission, the planning commission shall make its recommendation in writing to the city council. The recommendation shall include the planning commission’s determination whether or not the development agreement proposed:

    1. Is consistent with the objectives, policies, general land uses and programs specified in the general plan and any applicable specific plan;

    2. Is compatible with the uses authorized in, and the regulations prescribed for, the land use district in which the real property is located;

    3. Is in conformity with public convenience, general welfare and good land use practice;

    4. Will be detrimental to the health, safety and general welfare;

    5. Will adversely affect the orderly development of property or the preservation of property values. The recommendation shall include the reasons for the recommendation; and

    6. Will have a sufficient water supply for subdivisions pursuant to the requirements of California Government Code Section 66473.7 and new nonresidential development.

  • G. City Council Decision.

  1. After the city council completes its public hearing, it may accept, modify, or disapprove the recommendation of the planning commission. The city council may refer matters not previously considered by the planning commission during its hearing back to the planning commission for report and recommendation. The planning commission may hold a public hearing on matters referred back to it by the city council.

  2. The city council may not approve the development agreement unless it finds that the provisions of the agreement are consistent with the general plan and any applicable specific plan.

  3. If the city council approves the development agreement, it shall do so by the adoption of an ordinance. When the ordinance approving the development agreement takes effect, the city may enter into the agreement.

H. Amendment or Cancellation. Either party, by mutual consent, may propose an amendment to or cancellation in whole or in part of the previously approved development agreement.

  1. Minor Amendments. At the discretion of the community development director, a minor amendment to a development agreement requires only administrative review and approval.

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

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  1. Major Amendments or Cancellations. The procedure for proposing and adoption of a major amendment to or cancellation in whole or in part of the development agreement is the same as the procedure described in subsection E of this section.

  • I. Recordation.

    1. Within ten (10) days after the city enters into the development agreement, the city clerk shall record the agreement with the county recorder.
  1. If the parties to the agreement or their successors in interest amend or cancel the agreement as provided in subsection H of this section, or if the city terminates or modifies the agreement as provided in subsection K of this section for failure of the applicant to comply in good faith with the terms or conditions of the agreement, the city clerk shall record a notice of such action with the county recorder.

  • J. Periodic Review. The city shall review the development agreement every twelve (12) months from the date the agreement is entered.

    1. The time for review may be modified either by agreement between the parties or by initiation in one or more of the following ways:

      • a. Recommendation of the community development director;

      • b. Affirmative vote of at least three members of the city council.

  1. The community development director shall begin the review proceedings by giving notice that the city intends to undertake a periodic review of the development agreement to the property owner. The notice shall be given at least fifteen (15) days in advance of the time at which the matter will be considered. The review shall be conducted by the city council.

  2. The city council shall conduct a public hearing at which the property owner must demonstrate good faith compliance with the terms of the agreement. The burden of proof on this issue is upon the property owner.

  3. The city council shall determine upon the basis of substantial evidence whether or not the property owner has, for the period under review, complied in good faith with the terms and conditions of the agreement.

  4. If the city finds and determines on the basis of substantial evidence that the property owner has complied in good faith with the terms and conditions of the agreement during the period under review, the review for that period is concluded.

  5. If the city finds and determines on the basis of substantial evidence that the property owner has not complied in good faith with the terms and conditions of the agreement during the period under review, the city may modify or terminate the agreement.

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

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K. Modification or Termination. If, upon a finding under subsection J of this section, the city determines to proceed with modification or termination of the agreement, the city shall give notice to the property owner of its intention to do so. The notice shall contain:

  1. The time and place of the hearing;

  2. A statement as to whether or not the city proposes to terminate or to modify the development agreement; and

  3. Other information that the city considers necessary to inform the property owner of the nature of the proceeding.

At the time and place set for the hearing on modification or termination, the property owner shall be given an opportunity to be heard. The city council may refer the matter back to the planning commission for further proceedings or for report and recommendation. The city council may impose conditions to the action it takes as it considers necessary to protect the interests of the city. The decision of the city council is final. (Ord. 23-4 § 5 (Exh. A))

17.05.060 Home occupation permit.

A. Purpose. The purpose of the home occupation permit is to allow for the conduct of a business in the residential districts and to prescribe the conditions under which limited nonresidential activities may be conducted when incidental to residential activities.

B. Applicability. Section 17.22.130, Home occupations, identifies uses and activities that require a home occupation permit.

  • C. Application.

    1. Application. An application for a home occupation permit shall be prepared, filed, and processed in compliance with Section 17.04.020, Application process.

    2. Responsibility. It is the responsibility of the applicant to comply with the standards identified in Section 17.22.130, Home occupations, and the findings of subsection D of this section.

  • D. Findings. The community development director or the planning commission after an appeal shall approve a home occupation permit if it is determined that the proposed home occupation would:

    1. Be consistent with the general plan, any applicable specific plan, and the development and design standards of the subject residential zoning district;

    2. Be consistent with the home occupation criteria and standards of Section 17.22.130, Home occupations; and

    3. Be consistent with all other municipal codes and applicable laws.

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

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E. Conditions of Approval. In approving an application for a home occupation permit, the approval authority may impose additional conditions (e.g., buffers, hours of operation, landscaping and maintenance, lighting, parking, performance guarantees, property maintenance, surfacing, time limits, traffic circulation, etc.) deemed reasonable and necessary to ensure that the approval would be in compliance with the provision of Section 17.22.130, Home occupations.

  • F. Notice of Action, Appeals, Expiration, Extensions, and Modifications.

    1. Notice of Action. Notice of action shall be provided pursuant to Section 17.04.100, Timing and notice of action.

    2. Expiration, Extensions and Modifications. Home occupation permits may only be extended or modified as provided for in Section 17.04.140, Extension of permits and approvals, and Section 17.04.150, Modifications to an approval. (Ord. 23-4 § 5 (Exh. A))

17.05.070 Major design review.

  • A. Purpose. This section establishes procedures for the review and approval or denial of development applications requiring major design review. The purpose of major design review is:

    1. To promote those qualities in the environment that bring value to the community;

    2. To foster the attractiveness and functional utility of the community as a place to live and work;

    3. To preserve the character and quality of our heritage by maintaining the integrity of those areas that have a discernible character or are of special historic significance;

    4. To protect certain public investments in the area;

    5. To ensure that new residential development within existing neighborhoods is respectful of the existing scale of development and promotes harmonious design;

    6. To encourage, where appropriate, a permissible mix of uses; and

    7. To raise the level of community expectations for the quality of its environment.

  • B. Applicability. Major design review shall be required for the following:

    1. Any new commercial, industrial, or agricultural building or exterior modification to an existing commercial, industrial, or agricultural building that involves the construction of five hundred (500) square feet or more, is visible from a public street or alley, and is not subject to minor design review as stipulated in Section 17.05.080(B).

    2. Any new public facility or modification to an existing public facility, excluding structures for utilities.

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

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  1. New construction and additions to structures in the historic preservation overlay district. Exterior facade changes that are consistent with the standards in Section 17.21.040, Historic Preservation (HP) Overlay, are not subject to major design review.

  2. Any development within an approved PD overlay district.

  3. Any new structure or exterior modification to an existing structure where a conditional use permit is required, excluding multifamily residential projects.

  4. The construction of a new single-family home (enacted by Ord. 87-8 effective 06-26-1987) except as provided in Section 17.05.080(B)(9).

  5. Additions to a single-family home that create a second or third floor, story, or living space in an upper story where one does not currently exist, including an addition to an existing second or third story.

  6. Any residential and residential mixed-use buildings that do not comply with the applicable design standards of Chapter 17.16, Residential Zoning Districts, and Chapter 17.17, Commercial and Mixed-Use Zoning Districts.

  • C. Application.

    1. Application. An application for a major design review shall be prepared, filed, and processed in compliance with Section 17.04.020, Application process.
  1. Responsibility. It is the responsibility of the applicant to provide support for the design review findings criteria required by subsection E of this section.
  • D. Public Hearing and Procedures.

  1. Public hearings shall be properly noticed in compliance with Section 17.04.080, Public hearing notice.

    1. The planning commission shall hold a public hearing on an application requiring a major design review and shall, at the conclusion of the public hearing, approve (with or without conditions), or deny the application in compliance with this code.

  2. The community development director may, on a case-by-case basis, require the applicant to erect story poles on the project site to illustrate the height and or scale of a two story (or more) proposal, particularly when there are adjacent neighboring structures.

E. Findings. The planning commission may approve the major design review only after making the following findings:

1. Nonresidential Projects.

a. The project is in conformance with the general plan and applicable design standards in the zoning code;

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

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b. The proposed siting, form and architectural style are appropriate for the project site and with the surrounding sites and structures;

  • c. In the CB district, the facade composition, door placement and design, and building fenestration encourage urban design which provides a connection to the street;

d. The roof design, building massing, and building articulation are reflected on all sides of the building that together create a visually engaging structure;

e. Project details including materials and colors are used in a manner that creates a visually cohesive design;

f. The building design and landscaping support public safety and security by allowing for a visual connection between the building frontages and the right-of-way, common open spaces, and other buildings on the site; and

g. In a National Register Historic District, the proposed work complies with the Secretary of the Interior’s standards and guidelines.

  1. New Single-Family Dwellings and Additions of Second or Third Stories to Existing Single-Family Dwellings.

    • a. Consistency and compatibility with applicable elements of the general plan (enacted by Ord. 87-8 effective 06-26-1987); and

b. Whether the materials, textures, colors and details of construction are an appropriate expression of its design concept and function and whether they are compatible with the adjacent and neighboring structures and functions (enacted by Ord. 87-8 effective 06-26-1987).

  • F. Review Limitations.

  1. The planning commission shall not design or assist in the design of any buildings or projects submitted for approval except as requested by an applicant. The planning commission shall restrict its considerations to a reasonable and professional review of the proposal and plans, leaving full responsibility for the design and development to the applicant.

  2. Individual initiative and experimentation by the applicant are to be encouraged.

  3. Only the applicant’s failure to take reasonable account of the items discussed in subsections A and E of this section shall justify the planning commission’s disapproving of a proposal solely on the basis of design.

  4. In its endeavor to improve the quality of a design, the planning commission shall keep considerations of cost in mind. However, consideration of cost shall not override the other objectives of this title.

  5. The planning commission shall not use the major design review process to intentionally or inadvertently exclude housing for minority groups or housing for low—and moderate-income persons.

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

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  1. The planning commission shall not use the major design review process to intentionally or inadvertently prohibit or unduly restrict building types, materials, or methods or to vary the specific allowances or other development controls.

  • G. Exemptions. The community development director has the discretion to exempt a proposal from design review upon finding that the proposal:

    1. Is clearly consistent with the findings of this section and the remaining requirements of this title and the general plan; or

    2. Consists of the replacement of existing architectural features that do not involve substantial design changes or changes in materials.

    3. Involves a conforming residential dwelling where less than fifty percent (50%) of the gross floor area has been destroyed by a natural disaster and the proposal to reconstruct uses the same materials and design, is located on the same footprint, and does not increase the gross floor area of the previously existing structure.

  • H. Notice of Action, Appeals, Expiration, Extensions, and Modifications.

    1. Notice of Action. Notice of action shall be provided pursuant to Section 17.04.100, Timing and notice of action.

    2. Appeals. A decision of the planning commission may be appealed to the city council as provided in Chapter 17.12, Procedures for Appeals.

    3. Expiration, Extensions and Modifications. Major design review approval expires after one year. Major design review approval may only be extended or modified as provided for in Section 17.04.140, Extension of permits and approvals, and Section 17.04.150, Modifications to an approval. (Ord. 23-4 § 5 (Exh. A))

17.05.080 Minor design review.

A. Purpose. The purpose of the minor design review process is to allow for the administrative review and approval of development applications that do not have site or architectural design impacts.

B. Applicability. The following activities are subject to all design criteria of the city; however, the review shall be conducted administratively by the community development director as a component of the building permit review:

  1. Those activities not described in Section 17.05.070(B).

  2. New multifamily development consistent with the applicable development and design standards provided in Section 17.16.040, Design standards.

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

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  1. Any form of repair or maintenance where the work solely involves the replacement of materials in like kind and form or to any such work in areas not visible to the public from the public right-of-way or areas accessible to the public.

  2. The alteration, modification or addition to an existing single-family or multifamily residential structure or building except as identified in Section 17.05.070(B).

  3. The construction of an accessory structure in keeping with all development criteria of the zoning district in which the structure is proposed.

  4. Minor changes to the exterior of existing nonhistoric nonresidential buildings that require a building permit. This includes, but is not limited to, facade changes, relocation of storefront doors, and relocation of windows.

  5. Changes to a nonresidential site not involving major structural or site changes or changes of use. This includes site alterations such as construction of parking shade structures or other accessory structures.

  6. The intentional destruction and removal of less than fifty percent (50%) of the finished floor within the exterior walls of a nonhistoric structure in conjunction with a remodel or addition.

    1. The reconstruction of a single-family residence destroyed by an act of God.

  • C. Application Requirements. No permit application is required for a minor design review.

  • D. Findings. In approving a minor design review, the community development director shall find that:

    1. The project is in conformance with the general plan and zoning ordinance;

    2. The project is in conformance with applicable design and development standards;

    3. The project’s operating characteristics minimize potential negative impacts and land use conflicts;

    4. Adequate utilities, access roads, drainage, sanitation and other necessary facilities will be in place;

    5. The project is categorically exempt under CEQA or other applicable environmental documents have been certified as complete and adequate; and

    6. The project will not be detrimental to the public health, safety, and general welfare.

  • E. Review and Final Decision.

  1. The community development director shall review the project types described in subsection B of this section for conformance with the development criteria of the general plan, the appropriate zoning district and all other development criteria established by the city as an element of the minor design review process.

  2. A determination shall be issued by the community development director as part of the building permit review that verifies that the design meets all applicable development and design standards and findings for minor design review approval.

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  • F. Appeals, Expiration, Extensions and Modifications.

    1. Appeals. A decision of the community development director may be appealed to the planning commission as provided in Chapter 17.12, Procedures for Appeals.

    2. Extensions and Modifications. Minor design review approval may only be extended or modified as provided for in Section 17.04.140, Extension of permits and approvals, and Section 17.04.150, Modifications to an approval. (Ord. 23-4 § 5 (Exh. A))

17.05.090 Minor use permit.

  • A. Purpose. The purpose of a minor use permit (MUP) is to provide an administrative review process for proposed uses and activities to ensure that they are compatible with locational, use, structural, traffic, and the character of neighboring properties.

  • B. Applicability. Division III of this title, District Regulations, identifies the uses and activities that require a MUP.

  • C. Application Requirements.

    1. Application. An application for a minor use permit shall be prepared, filed, and processed in compliance with Section 17.04.020, Application process.

    2. Responsibility. It is the responsibility of the applicant to provide information on the proposed use that supports the findings described in subsection D of this section.

  • D. Findings. The community development director may approve a MUP upon making the following findings:

    1. The proposed use is consistent with the goals and policies of the general plan and any applicable specific plan;

    2. The proposed use is appropriate for the zoning district in which it is located, compatible with uses allowed in the zoning district, and complies with all other applicable provisions of the zoning code;

    3. The proposed use will not be materially detrimental to the health, safety, and welfare of the public or the property and residents in the vicinity;

    4. The subject site is physically suitable for the use and compatible with existing and future land uses, buildings and structures in the vicinity;

    5. The subject site is served by streets adequate in width and improvement to carry the kind and quantity of traffic the proposed use would likely generate; and

    6. The project is categorically exempt under CEQA or other applicable environmental documents have been certified as complete and adequate.

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  • E. Review and Hearing Procedures.

  1. The community development director shall review the projects described in subsection B of this section for conformance with the development criteria of the general plan, the appropriate zoning district and all other development criteria established by the city as an element of the minor use permit review process. Each application shall be reviewed by the community development director to ensure that the proposal complies with all applicable requirements of this title.

  2. Prior to a decision on a minor use permit, the city shall provide notice of a public hearing in compliance with Section 17.04.080, Public hearing notice.

    • a. Public Notice. The notice shall state that the community development director will decide whether to approve or disapprove the minor use permit application on a date specified in the notice, and that a public hearing will be held only if requested in writing by any interested person prior to the specified date for the decision.

b. Hearing. When a hearing is requested, notice of the hearing shall be provided in compliance with Section 17.04.080, Public hearing notice, and the community development director shall conduct the public hearing prior to a decision on the application in compliance with Chapter 17.04, Common Procedures.

  • F. Notice of Action, Appeals, Expiration, Extensions, and Modifications.

    1. Notice of Action. Notice of action shall be provided pursuant to Section 17.04.100, Timing and notice of action.

    2. Appeals. A decision of the community development director may be appealed to the planning commission as provided in Chapter 17.12, Procedures for Appeals.

  1. Expiration, Extensions and Modifications. Minor use permits may only be extended or modified as provided for in Section 17.04.140, Extension of permits and approvals, and Section 17.04.150, Modifications to an approval. (Ord. 23-4 § 5 (Exh. A))

17.05.100 Short-term rental ordinance.

  • A. Purpose.

    1. The city council finds that unregulated transient occupancy uses (i.e., short-term rentals) 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;

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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.

  1. The short-term rental regulations are not intended to regulate hotels and bed and breakfast inns that do not qualify as short-term rentals.

  2. 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.

    1. 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 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. Permit Requirement.

    1. Permit Required. Operation of a short-term rental shall require a short-term rental permit. It shall be unlawful to operate a short-term rental without a short-term rental permit.

  1. Application. A property owner or responsible person may seek a short-term rental permit through an application for a new short-term rental permit or a renewal of an existing short-term rental permit through the process described in Section 17.04.020, Application process.

  2. Responsibility. It is the responsibility of the property owner or responsible person submitting an application to provide information on the proposed use that support the findings described in subsection of this section.

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  • C. Public Hearing and Procedures.

    1. The planning commission shall hold a public hearing for discretionary review for a new short-term rental application. The public hearing shall be properly noticed in compliance with Section 17.04.080, Public hearing notice.

    2. The public hearing notice shall:

      • a. Contain a description of the proposed short-term rental operation, parking on the site, and number of bedrooms to be used for short-term rental use, together with a location map identifying the shortterm rental dwelling lot in relationship to all other lots within a three hundred (300) foot distance, measured from property boundary to property boundary.

      • b. State that a written protest may be filed against the proposed short-term rental use with the community development director; provided, that the protest is postmarked or received within fourteen (14) days of the mailing of the notice of application.

    3. The planning commission shall hold a public hearing on an application for a short-term rental permit and shall, at the conclusion of the public hearing, approve (with or without conditions), or deny the application in compliance with this code.

D. Findings. The planning commission shall review and either approve or deny the initial short-term rental permit application pursuant to the requirements of this section after considering the effects the proposed short-term rental use would have on surrounding uses and the cumulative impacts within the community. In approving a new short-term rental permit application, the planning commission must make the following findings:

  1. The short-term rental complies with applicable standards identified in Section 17.22.200, Short-term rentals;

  2. The establishment of a short-term rental at the subject property is consistent with the purpose of the general plan, including policies regarding the displacement of rental units in the housing stock;

  3. The establishment of a short-term rental at the subject property will not be detrimental to a building, structure, or feature of significant aesthetic, cultural, architectural, or engineering interest or value of a historical nature;

  4. The establishment of a short-term rental at the project site is compatible with and will not be detrimental to the character of the neighborhood and surrounding land uses;

  5. The establishment of a short-term rental at the project site will provide an enhanced visitor experience and accommodation as an alternative to the hotel, motel, and bed and breakfast accommodations currently existing in the city and will help to ensure the collection and payment of transient occupancy taxes; and

  6. There exists no substantial evidence of operation of an unpermitted short-term rental on the part of the applicant anywhere within the city.

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E. Conditions of Approval. The community development director may recommend, and the planning commission may impose, conditions on the granting of an application for a short-term rental permit to mitigate the impacts of the proposed land use.

F. Permit Availability. If no short-term rental permits are available pursuant to the limitation on short-term rentals described in Section 17.22.200(D), the community development director shall place interested property owners on a waiting list in the order in which they were received. If a permit becomes available, applications shall be accepted and reviewed in the order that they are listed on the waiting list subject to the local preference policy established in Section 17.22.200(D)(15).

  • G. Notice of Action, Appeals, Term of Permit, and Conditions Subsequent to Short-Term Rental Permit Approval.

    1. Notice of Action. Notice of action shall be provided pursuant to Section 17.04.100, Timing and notice of action.

  1. Appeals. Any person whose application for a short-term rental permit has been denied by the planning commission, or whose permit has been suspended or revoked by the community development director, may appeal pursuant to Chapter 17.12, Procedures for Appeals. A third party may also file an appeal of an approval of a short-term rental permit.

    1. Term of Permit. Short-term rental permits shall be valid for a period of two years.

    2. Conditions Subsequent to Approval. Short-term rental permits shall be subject to any changes to this section approved by the city council and conditions that the council may impose subsequent to the issuance of the permit.

  • H. Renewals Procedure.

  1. The permit holder shall submit a short-term rental permit renewal application and pay applicable fees to the city a minimum of thirty (30) days prior to the expiration of a current short-term rental permit. Failure to submit a renewal application and pay applicable fees by the expiration date will result in the short-term rental permit automatically expiring without any further action by the city.

  2. Upon receipt of a renewal application, the community development director will confirm with the finance department that the applicant’s business license is current and that all required transient occupancy taxes (TOT) have been reported and paid (see Chapter 5.08, Business Licenses Generally, for the requirements related to business licenses).

  3. The community development director will refer the application to the St. Helena police department to request all police calls for services and complaints lodged against the property over the course of the twoyear permit.

  4. If the permit holder has a current business license, has rented their property on a short-term basis for an average of sixty (60) days per year (as applicable), has been properly reporting and paying TOT, and has fewer than three confirmed violations of the municipal code or of state or federal law over the prior two years, the community development director may administratively approve the renewal which shall be valid for an

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additional two years. If all of these provisions are not met, the renewal shall be referred to the planning commission for action at a public hearing. The community development director also has the discretion to refer the renewal application to the planning commission for a decision pursuant to the process and standards set forth in subsections C and D of this section, even if the community development director has the authority to consider renewal application pursuant to this section.

  1. No renewal shall be approved without written verification of tax payments by the permit holder, and no permit shall be approved if the operation of the short-term rental has created adverse impacts on the neighborhood, as specified in subsection K of this section, in which it is situated or has otherwise caused the loss of the character of that neighborhood.

  2. The community development director may deny the renewal if the applicant has violated any provision of this section.

  3. Notice of Action, Appeals, Term of Permit, and Conditions Subsequent to Approval of a Short-Term Rental Permit Renewal.

    • a. Notice of Action. Notice of action shall be provided pursuant to Section 17.04.100, Timing and notice of action.

b. Appeals. Any person whose application for a short-term rental permit renewal has been denied by the community development director may appeal to the planning commission pursuant to Chapter 17.12, Procedures for Appeals. A third party may also file an appeal of an approval of a short-term rental permit renewal.

c. Conditions Subsequent to Approval. Short-term rental permit renewals shall be subject to any changes to this section approved by the planning commission and conditions that the commission may impose subsequent to the issuance of the permit.

  • I. Inspections.

  1. The community development director has the right to enter upon any property at any reasonable time to make inspections and examinations for the purpose of enforcement of this section, subject to the provisions of Code of Civil Procedure Section 1822.50 et seq.

    1. The fire department shall annually inspect the dwelling used as a short-term rental and submit the inspection report to the community development department.

    2. The community development director shall have the right to inspect any records related to the use and occupancy of the short-term rental to determine that the objectives and conditions of this section are being fulfilled.

  • J. Revocation.
  1. The community development director may revoke a short-term rental permit pursuant to Chapter 17.13, Enforcement, if the community development director determines that:

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  - a. The owner-applicant gave false or misleading information during the application process; 

  - b. There has been a violation of any of the terms, conditions and restrictions on the use of the dwelling unit for short-term rental use; 

  - c. The owner-applicant has violated any provision of this section; or 

  - d. The owner-applicant has failed to timely pay all transient occupancy tax as required by this code.
  1. If an owner-applicant’s short-term rental permit is revoked, the owner-applicant may not reapply for another permit for two years after the date of revocation. If there is a waiting list to receive a permit, the owner-applicant will be added to the list.
  • K. Violations, Enforcement, and Civil Penalties.

  1. Any property owner or responsible person who uses, or allows the use of, or advertises or causes to be printed, published, advertised, or disseminated in any way, the availability of residential property in violation of this section is guilty of a misdemeanor for each day in which such residential property is used, or allowed to be used, in violation of this section. Such violation shall be punishable pursuant to Chapters 1.12, Enforcement Procedures, and 1.20, General Penalty.

  2. Short-term rental use, and advertisement for use, of a residential property in violation of this section 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 or restored by the enforcement official and also may be abated by the city 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 past the compliance date provided for by the city in notice of violation shall constitute a separate offense.

  3. Any property owner or responsible person who violates this chapter shall be liable and responsible for the civil penalty described in subsection (K)(2) of this section. 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.

le person who violates this chapter shall be liable and responsible for the civil penalty described in subsection (K)(2) of this section. 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. Civil Action. Where the city proceeds by civil action, the court 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 or inability to pay. Provided, however, that in exercising its discretion the court should consider the purpose of this section 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 section. In any such civil action the city also may abate or enjoin any violation of this section.

b. Administrative Citations. Where the city proceeds by administrative citation, the city will first issue the property owner or responsible person notice to correct the violation in accordance with Government Code Section 53069.4(a)(2)(A). Such notice to correct shall contain the following information:

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  • i. Details regarding the nature of the violation;

  • ii. Details regarding how compliance can be achieved;

iii. Date by which proof of correction of the violation must be provided to the city to avoid the issuance of an administrative citation that will be no less than ten (10) days from the date the notice to correct is issued; and

iv. Notice that the civil penalty described in this subsection K will begin to be assessed if proof of correction of the violation is not provided to the city by the stated date.

c. Administrative Appeals. Where the city proceeds by administrative citation, the city shall provide the property owner or 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 property owner or responsible person has the right to request an 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 property owner or 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.

within forty-five (45) days of the issuance of the administrative citation and imposition of the civil penalty. To request such a hearing, the property owner or 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 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 or inability to pay. Provided, however, that in exercising its discretion the hearing officer should consider the purpose of this section 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 section.

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

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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.

  1. Each day the violation of this section occurs shall constitute a separate offense.

  2. Any property owner who uses, or allows the use of, residential property as a short-term rental without a permit shall be liable for the transit occupancy tax that would have been owed under Chapter 3.28, Transient Occupancy Tax, had the use been legal, including the penalty and interest provisions of Section 3.28.070, Penalties and interest.

  3. The remedies under this section are cumulative and in addition to any and all other remedies available at law and equity. (Ord. 26-1 § 3; Ord. 23-4 § 5 (Exh. A))

17.05.110 Temporary use permit.

A. Purpose. This section establishes the procedures for granting of administrative temporary use permits for short-term activities and uses (not to exceed two years) on privately or publicly owned property with appropriate regulations so that such activities will be compatible with surrounding areas.

B. Applicability. A temporary use permit allows for the short-term activities described in Section 17.22.250, Temporary uses, 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 are not subject to design review or the standard parking requirements otherwise required by this code.

  • C. Application Requirements.

    1. Application Requirements. A temporary use permit application submittal shall include information identified in Section 17.04.020, Application process.

    2. Responsibility. It is the responsibility of the applicant to provide information on the proposed use that supports the considerations described in subsection D of this section and findings listed in subsection F of this section.

D. Considerations. In the review of a temporary use permit application, the community development director shall consider the type and duration of the proposed temporary activity; input from other city departments (police, fire, public works, etc.); the requirements and development criteria of the applicable zoning district and use standards established in Chapter 17.24, General Site Standards; and the following considerations:

  1. Floor areas, heights, hours of operation, nuisance controls, off-street parking, setbacks, and other structure and property development features;

  2. Measures for removal of the activity and site restoration, to ensure that no changes to the site would limit the range of possible future land uses otherwise allowed by this zoning code;

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  1. The project’s compliance with the requirements of Chapter 17.27, Signs;

  2. The applicable zoning standards pertaining to the outdoor storage, display and sale of merchandise; and

  3. Limitation on duration of proposed temporary structures to a maximum of two years to ensure that the structure does not become permanent or long-term.

E. Conditions. In reviewing the temporary use permit, the community development director may attach any conditions governing access, hours of operation, parking and circulation, fencing and other temporary structures, drainage, dust control, trash/litter control, public safety, and other items as necessary to assure compatibility with surrounding uses and minimize potential adverse effects.

  • F. Findings. The community development director may approve the temporary use permit only after finding that:

    1. The temporary activity complies with applicable standards identified in Section 17.22.250, Temporary uses; and
  1. Maintenance or operation of the temporary activity would not be detrimental to the public health, safety, or welfare of persons residing or working in the neighborhood of the proposed temporary activity.

  • G. Notice of Action, Appeals, Expiration, and Modifications.

    1. Notice of Action. Notice of action shall be provided pursuant to Section 17.04.100, Timing and notice of action.

    2. Appeals. A decision of the community development director may be appealed to the planning commission as provided in Chapter 17.12, Procedures for Appeals.

    3. Modifications. Temporary use permits may only be modified as provided for in Section 17.04.150, Modifications to an approval.

  • H. Post-Approval Procedures. Procedures specific to temporary use permits include the following:

  1. Condition of the Site Following Temporary Activity. Each site occupied by a temporary activity shall be cleaned of debris, litter, or any other evidence of the temporary activity upon completion or removal of the activity and shall thereafter be used in compliance with the provisions of this zoning code. A performance security (including a bond or financial deposit) in a form and amount acceptable to the community development director may be required before initiation of the activity to ensure cleanup after the activity is finished.

  2. Performance Security for Temporary Structures. Before issuance of temporary use permit the applicant shall provide performance security in a form and amount acceptable to the community development director to guarantee removal of all temporary structures within thirty (30) days following the expiration of the temporary use permit.

  3. Extensions of Temporary Use Permits Prohibited. The term of a temporary use permit may not be extended. Applicants for activities that would exceed the allowed terms identified in Section 17.22.250(D) shall file for a

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conditional use permit, rather than a temporary use permit, in compliance with Section 17.05.020, Conditional use permit (CUP), and all other applicable zoning standards.

  1. Required Lapse of Time for Temporary Use Permits. Except for seasonal sales lots, a minimum of thirty (30) days shall pass between the expiration of a temporary use permit and the issuance of a new and similar temporary use permit for the same property, or the actual removal of the materials and structures associated with the former activity, whichever last occurs. (Ord. 23-4 § 5 (Exh. A))