Chapter 17.30

AFFORDABLE HOUSING PROGRAM

Sections:

• 17.30.010 Purpose. 17.30.020 Housing impact fees. 17.30.030 Inclusionary housing requirements. 17.30.040 Inclusionary housing compliance procedures. 17.30.050 Administration and enforcement of affordable housing program.

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

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This chapter establishes an affordable housing program, housing impact fees on developers of nonresidential development projects in the city, inclusionary housing requirements and alternative means of compliance, requirements for inclusionary units, and administration and enforcement measured for the program. The requirements of this chapter do not replace other regulatory, development and processing fees or exactions; funding required pursuant to a development agreement or reimbursement agreement; or assessments charged pursuant to special assessments or benefit assessment district proceedings, unless so specified. (Ord. 23-4 § 5 (Exh. A))

• A. Applicability. A housing impact fee is imposed on all developers of nonresidential development projects and conversions, except for nonresidential projects that fall within one or more of the following categories:

  1. Projects that are the subject of previously approved development agreements currently in effect with the city;

2. The nonresidential uses are described either in a building permit application accepted as complete by the city prior to the adoption of Resolution 2003-65 on May 27, 2003, or in a minor or conditional use permit or similar discretionary approval approved prior to the adoption of Resolution 2003-65 on May 27, 2003. However, any extension or modification of such approval or permit after such date shall not be exempt;

3. The portion of a project located on property owned by the state of California, the United States of America or any of its agencies used exclusively for governmental or educational purposes;

4. A project to the extent it has received a vested right to proceed without payment of housing impact fees pursuant to state law;

5. Projects operated by nonprofit organizations which provide food storage, meal service and/or temporary shelter to the homeless;

6. Projects for which no nexus can be established;

7. Any building which is damaged or destroyed by fire or natural catastrophes so long as the gross floor area of the building remains the same.

8. The following specific uses are exempt from the housing impact fee requirement:

   • a. Child day care facilities serving six or fewer children;

   • b. Nonprofit organizations and schools;

   • c. Public elementary or secondary schools, colleges, or universities;

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• d. Public library, art galleries, museums, or other nonrecreational public facilities:

• e. Public parking lot;

• f. Public works, major;

• g. Public works, minor;

• h. Community assembly uses; and

• i. Wineries, large and small.

B. Fee Payment. Unless otherwise preempted by law, the housing impact fee shall be paid according to the master fee schedule prior to the issuance of a building permit. For good cause shown, the city council may allow for the fee to be paid at the time of a final inspection or prior to issuance of a certificate of occupancy.

C. Alternative to Payment of Housing Impact Fee. As an alternative to payment of the housing impact fee, a developer of a nonresidential development project may submit a request to mitigate the impacts of such development through the construction of residential units, the dedication of land, or mixed-use or other resources. Such requests may be approved by the city council, if the city council determines that such alternative will further affordable housing opportunities in the city to an equal or greater extent than payment of the housing impact fee.

• D. Processing Requirements.

1. Each discretionary permit for a project subject to this section shall contain an express condition requiring compliance with this section. Notwithstanding this subsection, failure to include the condition does not excuse compliance with this chapter.

   2. No application for building permits or discretionary permits for any project subject to this section shall be deemed complete unless the application contains:

      • a. A statement of the number of gross square feet in a nonresidential development project to be constructed, added, or placed that are subject to the requirements of this section, together with documentation sufficient to support the application;

      • b. The intended use or uses for the nonresidential development project by gross square feet; and

      • c. A statement of any exemptions applicable to the project.

   3. The community development director may require similar information for completeness of other city permits or licenses as necessary or convenient to implement this section. (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. Inclusionary Requirement. At least twenty percent (20%) of all new dwelling units in a residential development project shall be affordable units, which shall be constructed and completed concurrently with the related marketrate units. The affordable units developed pursuant to this chapter shall be of the same tenure as the market-rate units, meaning that affordable rental units shall be developed to satisfy the requirement for rental developments, and affordable owner-occupied units shall be developed to satisfy the requirement for owner-occupied developments. In the event that a development is comprised of both rental and owner-occupied units, the requirement to develop twenty percent (20%) the new dwelling units as affordable units shall be applied to the rental and owner-occupied components of the development project separately. The requirement to construct and complete affordable units pursuant to this chapter shall not be satisfied by designating accessory dwelling units as affordable units, and accessory dwelling units constructed as part of the development project shall not be counted as dwelling units for purposes of calculating the required number of affordable units. The affordable units may be constructed in phases if the market-rate units are constructed in phases; provided, that the percentage of inclusionary units to be developed in each phase shall be equivalent to or greater than the total percentage of inclusionary units to be developed as part of the residential development until such time that all the inclusionary units have been built. For fractions of affordable units, including fractions resulting from construction of less than five dwelling units, the developer may elect, at his or her option, to construct the next higher whole number of affordable units, perform an alternative equivalent action which has received the approval of the city council pursuant to subsection B of this section, or pay the housing in-lieu fee specified in subsection E of this section for such fraction. Notwithstanding the above, this section shall not apply to projects which fall into one or more of the following categories:

1. A residential development project to the extent it has received a vested right to proceed without payment of housing impact fees pursuant to state law;

2. Building permits for residential development projects if compliance with this section for such project has already been satisfied including, but not limited to, building permits on newly created lots where the subdivider has built affordable units or otherwise satisfied this section;

3. Replacement or rehabilitation of any dwelling unit which is damaged or destroyed so long as the square footage and use of the building remains the same. Upon the remodeling or rebuilding of a residential dwelling to add additional square footage, the housing impact fee shall be paid on the additional square footage (except for a one-time exclusion of eight hundred fifty (850) square feet per residence);

ment or rehabilitation of any dwelling unit which is damaged or destroyed so long as the square footage and use of the building remains the same. Upon the remodeling or rebuilding of a residential dwelling to add additional square footage, the housing impact fee shall be paid on the additional square footage (except for a one-time exclusion of eight hundred fifty (850) square feet per residence);

4. The one-time remodeling of any dwelling unit for which the gross square floor area of the structure is increased by eight hundred fifty (850) square feet or less;

5. New dwelling units less than eight hundred fifty (850) square feet.

• B. Alternative Equivalent Action Proposal.

1. A developer of any residential project may propose to meet the requirements of subsection A of this section with an alternative equivalent action, subject to the review and approval of the city council. Proposals

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

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for alternative equivalent actions may include, but are not limited to, dedication of vacant land, the construction of affordable units on another site, or acquisition and enforcement of required rental/sales price restrictions on existing standard dwelling units consistent with this section. Any proposal shall show how the alternative equivalent action will further affordable housing opportunities in the city to an equal or greater extent than compliance with the express requirements of subsection A of this section or payment of the appropriate housing in-lieu fee.

2. Alternative equivalent action proposals for single-family and multifamily residential developments shall be considered on a case-by-case basis by the city council, and may be approved at the city council’s sole discretion, if the city council determines that such alternative will further affordable housing opportunities in the city to an equal or greater extent than compliance with the express requirements of subsection A of this section.

C. In-Lieu Housing Fee. A developer of four or fewer residential dwelling units which are the whole of a residential development project may meet the requirements of subsection A of this section through payment of a housing inlieu fee.

A developer of any other residential project may propose to meet the requirements of subsection A of this section through payment of a housing in-lieu fee by showing good cause that it is not feasible to construct the required units. A written request shall be submitted with the developer’s application for a discretionary approval or building permit, whichever comes first. The request shall include: a statement identifying all overriding conditions that prevent the developer from meeting the requirement to construct the affordable units; sufficient independent data, including appropriate financial information, to support the developer’s claim that it is not feasible to construct the required affordable units; and a detailed analysis of why any concessions and incentives available to the developer pursuant to Chapter 17.29, Density Bonus, and California Government Code Section 65915 cannot mitigate the conditions that are preventing the developer from constructing the affordable units. The community development director shall review all such requests and prepare a recommendation for the city council. Such requests shall be considered on a case-by-case basis by the city council, and may be approved if the council determines that there are overriding conditions which prevent the developer of a multifamily residential project from meeting the requirement to construct affordable units, and that payment of the housing in-lieu fee will further affordable housing opportunities to an equal or greater extent.

D. Time of Payment of Housing In-Lieu Fee. Unless otherwise preempted by law, the housing in-lieu fee shall be paid prior to the issuance of a building permit. For good cause shown, the city council may allow for the fee to be paid at the time of final inspection/certificate of occupancy.

E. Calculation of Housing In-Lieu Fee. The housing in-lieu fee shall be charged on a per square foot basis for net new floor area. The amount and calculation of the housing in-lieu fee shall be established by resolution of the city council. The housing in-lieu fee required by this section may be satisfied either by cash payment or, upon the recommendation of the community development director and approval of the city council, by an alternative which will provide the city with a value equal to or greater than the amount of the required in-lieu fee.

• F. Requirements for Rental Affordable Units.

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

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1. If under subsection A of this section, the developer is required to build three or fewer units of affordable rental housing, the following requirements apply:

   • a. If the developer is required to build only one affordable unit, that unit shall be affordable for a very low-income household.

b. If the developer is required to build two affordable units, one unit shall be affordable for a very lowincome household and one unit shall be affordable for a low-income household.

c. If the developer is required to build three affordable units, one unit shall be affordable for a very low-income household, one unit shall be affordable for a low-income household, and one unit shall be affordable for a moderate-income household.

d. Notwithstanding the foregoing, if the city’s goals for providing its fair share of affordable housing, as determined through the Regional Housing Needs Assessment and set forth in the housing element of the general plan, have been met for the lowest income category, any required units shall be affordable in the next higher income category in which there is an unmet fair share requirement.

2. If under subsection A of this section, the developer is required to build four or more units of affordable housing, the number of affordable units which are required to be constructed in very low, low or moderate units shall be determined by the ratio of units needed in each of those categories in order to satisfy the city’s fair share housing goals. Where the number of required affordable units in each category is a fractional number, the fractional units shall be carried to the category in which there is the greatest number of units needed. For instance, as of March 17, 2022, the city’s fair share housing goals require the city to provide for one hundred four (104) very low (fifty-five percent (55%)), fifty-nine (59) low (thirty-one percent (31%)), and twenty-six (26) moderate (fourteen percent (14%)) units to satisfy its fair share requirements. Therefore, a project that requires nine affordable units would be required to build five very low units, three low units and one moderate unit.

3. With respect to any particular rental residential project, the city council may, upon the recommendation of the community development director, forgive all or a portion of the affordability requirement set forth in subsection A of this section upon a showing by the applicant that imposition of such requirement on the residential project will cause undue hardship and that such residential project will contribute significantly to affordable housing opportunities in the city.

• G. Requirements for Owner-Occupied Affordable Units.

1. One-half of the affordable units that are required to be constructed in connection with the construction of market-rate units intended for owner-occupancy shall be available at affordable sales prices to households whose annual household income does not exceed one hundred percent (100%) of median income. If one-half of the affordable units required are made available by the developer at affordable sales prices to households whose annual household income does not exceed eighty percent (80%) of median income, the developer shall be entitled to an additional density bonus of five percent for the proposed development, beyond any density bonus to which the developer would be entitled pursuant to Chapter 17.29, Density Bonus, and California Government Code Section 65915 et seq.

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

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2. As an alternative to receiving an additional density bonus of five percent, a developer may submit a request for another incentive in lieu of the density bonus. Such requests shall be considered on a case-bycase basis by the city council and shall be approved, at the city council’s sole discretion, if the city council determines that such alternative incentive will further affordable housing opportunities.

3. The remaining one-half of the required affordable units shall be available at affordable sales prices to moderate-income households. Where the number of required affordable units is an odd number, the number of units affordable to moderate-income households may be one greater than the number affordable at or below one hundred percent (100%) of median income.

• H. Basic Requirements for Owner-Occupied and Rental Affordable Units.

  1. Affordable units shall be comparable in number of bedrooms, exterior appearance and overall quality of construction to market-rate units in the same residential project.

2. The gross floor area of affordable units and interior features in affordable units need not be the same as or equivalent to those in market-rate units in the same residential project, so long as they are of comparable quality and comply with applicable base and overlay zone objective standards.

   3. Affordable units shall receive a certificate of occupancy at the same time as market-rate units.

• I.

Continued Affordability.

1. If the affordable units are owner-occupied, prior to the issuance of certificates of occupancy or approval of the final inspection for affordable units, regulatory agreements or resale restrictions, deeds of trust and/or other documents, all of which must be in a form prepared and approved by the community development director and city attorney and consistent with the requirements of this chapter, shall be recorded against parcels having such affordable units for the benefit of the city and shall be effective for a minimum of fortyfive (45) years.

2. Resale restrictions shall be recorded upon each resale of an affordable unit, and the effective period shall be an additional forty-five (45) years from the date of resale.

3. Income eligibility of the owners and title in the affordable unit may change over time due to circumstances including death. Upon the death of one of the owners, title in the property may transfer to the surviving joint tenant without respect to the income-eligibility of the household. Upon the death of a sole owner or all owners and inheritance of the affordable unit by a non-income-eligible child or stepchild of one or more owners, there will be a one-year compassion period between the time when the estate is settled and the time when the property must be sold to an income-eligible household. Inheritance of an affordable unit by any other person whose household is not income-eligible shall require resale of the unit to an income-eligible household as soon as is feasible, but not more than one hundred eighty (180) days.

ers, there will be a one-year compassion period between the time when the estate is settled and the time when the property must be sold to an income-eligible household. Inheritance of an affordable unit by any other person whose household is not income-eligible shall require resale of the unit to an income-eligible household as soon as is feasible, but not more than one hundred eighty (180) days.

4. If the affordable units are rental units, prior to the issuance of certificates of occupancy or approval of the final inspection for affordable units, regulatory agreements, deeds of trust and/or other documents, all of which must be in a form prepared and approved by the community development director and city attorney

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

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and consistent with the requirements of this chapter, shall be recorded against parcels having such affordable units for the benefit of the city and shall be effective in perpetuity.

5. Notwithstanding any other provision in this section:

   • a. The maximum sales price permitted on resale of an affordable unit intended for owner-occupancy shall not exceed the seller’s purchase price, adjusted for the percentage increase in median income since the seller’s purchase, plus the market value of substantial structural or permanent fixed improvements to the property as determined by an independent appraisal, plus the cost of reasonable seller’s broker fee as determined by the housing director. For purposes of this subsection, median income shall be calculated based upon the presumed occupancy levels used to determine affordable sales price.

b. The resale restrictions shall provide that in the event of the sale of an affordable unit intended for owner-occupancy, the city shall have the right to purchase or assign its right to purchase such affordable unit at the maximum price which could be charged to an eligible household. In its sole discretion, the city shall also have the right to postpone its right to purchase without waiving that right.

6. No household shall be permitted to occupy an affordable unit, or purchase an affordable unit for owner-occupancy, unless the Housing Authority has approved the household’s eligibility or has failed to make a determination of eligibility within the time or other limits provided by a regulatory agreement or resale restrictions. If the Housing Authority maintains a list of eligible households, households selected to occupy affordable units shall be selected first from that list to the extent provided in the regulatory agreement or resale restrictions.

• J. Annual Monitoring and Transfer Fees.

1. For each rental affordable unit provided hereunder, the current owner may be required to pay an annual monitoring fee for the term of required affordability. Such fee shall be specified in the regulatory agreement(s) required hereunder.

2. For each owner-occupied affordable unit provided under this section, the current owner may be required to pay a transfer fee for any change of ownership during the term of required affordability. Such fee shall be specified in the resale restrictions required by subsection I of this section.

K. Discretionary Permit Requirements. Every discretionary permit for a residential development project approved after the effective date of the ordinance codified in this chapter shall contain a condition detailing the method of compliance with this chapter. Every final and parcel map shall bear a note indicating whether compliance with the requirements of this section must be met prior to issuance of a building permit for each lot created by such map. Notwithstanding this subsection, failure to include such condition or note does not excuse compliance with this chapter.

• L. Requirements for Certificate of Occupancy/Final Inspection.

  1. No temporary or permanent certificate of occupancy shall be issued, final inspection approved or release of utilities authorized for any new market rate dwelling unit in a residential development project until the

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

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developer has satisfactorily completed the requirements hereunder, i.e., on-site construction of affordable units, alternative equivalent action(s) or payment of the housing in-lieu fee.

2. No temporary or permanent certificate of occupancy shall be issued, final inspection approved or release of utilities authorized for a dwelling unit described in subsection (A)(1) of this section until the builder or owner has made a showing acceptable to the housing director that such an exemption is appropriate. The housing director shall develop and implement regulations designed to ensure that such initially exempt dwelling units remain in compliance with the terms of the exemption throughout the first two years of occupancy. A builder or owner of a dwelling unit found to be out of compliance at any time during such twoyear period shall be required to pay one hundred twenty-five percent (125%) of the then current in-lieu fee for that dwelling unit, as specified by resolution of the city council. Such payment, however, shall not limit the city’s ability to proceed against any party pursuant to Section 17.30.050(C), or other applicable law. (Ord. 25-1 § 2; Ord. 23-4 § 5 (Exh. A))

A. Submittal of Inclusionary Housing Plan. The applicant for a residential project subject to this chapter shall submit an inclusionary housing plan in conjunction with its application for discretionary approvals required of the city for the residential development, or if no discretionary approvals are required, in conjunction with the application for the first administrative or ministerial permit or approval required for the residential development. The inclusionary housing plan shall be in a form as required by the city, must include an affordable housing agreement to implement the inclusionary housing plan, and must include the following information as applicable based on the applicant’s method of compliance with this chapter:

1. How the inclusionary housing requirement will be satisfied pursuant to this chapter;

2. The number, unit type, tenure, number of bedrooms, approximate location, size and design, construction, and completion schedule of all inclusionary units;

3. Phasing of inclusionary units in relation to market-rate units;

4. The amount of in-lieu fees to be paid by the applicant, if applicable;

5. Any other information reasonably requested by the community development director to assist with evaluation of the plan under the requirements of this chapter; and

6. Acknowledgement that an instrument as specified by the city restricting the inclusionary unit(s) as affordable shall be recorded against every inclusionary unit and that a recordable affordable housing agreement shall be entered into by the applicant and any other necessary party, and/or that all required inlieu fees shall be paid at the time set forth in Section 17.30.030, Inclusionary housing requirements.

• B. Approval of Inclusionary Housing Plan.

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

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1. In the event that the residential development requires discretionary approvals in order to be developed, the inclusionary housing plan shall be considered with the application for such inclusionary approvals by the approval authority and may be appealed in accordance with the appeals procedures established for such approvals except as provided in subsection (B)(3) of this section.

2. In the event that the residential development does not require discretionary approvals in order to be developed, the inclusionary housing plan shall be considered by the community development director and must be approved prior to the issuance of any administrative or ministerial permits required for the residential development. The community development director’s decision is final unless a written appeal is filed with the community development department within ten (10) days from the date of issuance of the community development director’s decision. The city council’s decision on appeal shall be final.

approved prior to the issuance of any administrative or ministerial permits required for the residential development. The community development director’s decision is final unless a written appeal is filed with the community development department within ten (10) days from the date of issuance of the community development director’s decision. The city council’s decision on appeal shall be final.

3. In the event the applicant desires to comply with this chapter by means of a method that specifically requires city council approval pursuant to this chapter, the inclusionary housing plan shall be considered by the city council either prior to or concurrently with consideration by the required approval authority for the approvals required for the residential development.

C. Form of Restrictions. The forms of the affordable housing agreement and any related declarations, resale restrictions, deeds of trust, and other documents authorized by this section shall be in a general form as prescribed by the city, and shall be approved by the community development director and approved as to form by the city attorney prior to being executed for any residential development subject to this program.

• D. Recording of Affordable Housing Agreements.

1. An affordable housing agreement in a form approved by the city attorney must be recorded against inclusionary units or the residential development in its entirety, as deemed appropriate by the community development director in consultation with the city attorney, prior to the issuance of any building permit for the residential development. The affordable housing agreement shall ensure that the applicant develops the required inclusionary housing units and complies with all other terms of the approved inclusionary housing plan and this chapter.

2. Resale restrictions, deeds of trust, and/or other documents as deemed necessary or appropriate by the community development director shall be recorded against for-sale inclusionary units to ensure the continued affordability of the for-sale inclusionary units in compliance with this chapter.

E. Building Permits. The city shall not issue a building permit for a residential development subject to the requirements of this chapter without an affordable housing agreement executed by the owner, the applicant (if not the owner), and the community development director, and approved as to form by the city attorney, and recorded against the property, or payment of in-lieu fees in accordance with this chapter. (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. Affordable Housing Trust Fund Established. The city affordable housing trust fund (the “housing fund”) is established to increase and improve the supply of housing affordable to moderate-, low- and very low-income households in the city. Separate accounts within the housing fund may be created from time to time to avoid commingling as required by law or as deemed appropriate to further the purposes of the housing fund.

1. Administration of Fund. The housing fund shall be administered by the administrative services director who shall have the authority to govern the housing fund consistent with this chapter, and to prescribe procedures for such purpose, subject to approval by the city council.

2. Purposes and Use of Funds.

a. Monies deposited in the housing fund along with any interest earnings on such monies shall be used solely to increase and improve the supply of housing affordable to moderate-, low- and very lowincome households, including, but not limited to:

• i. Acquisition of property and property rights;

ii. Cost of construction including costs associated with planning, administration, and design, as well as actual building or installation, as well as any other costs associated with the construction or financing of affordable housing;

iii. Reimbursement to the city for such costs if funds were advanced by the city from other sources; and

iv. Reimbursement of developers or property owners who have been required or permitted to install facilities which are beyond that which can be attributed to a specific development. To the maximum extent possible, all monies should be used to provide for additional affordable housing and services.

b. Monies may also be used to cover reasonable administrative expenses not reimbursed through processing fees, including reasonable consultant and legal expenses related to the establishment and/or administration of the housing fund and reasonable expenses for administering the process of calculating, collecting, and accounting for inclusionary fees and any deferred city fees authorized by this section. No portion of the housing fund may be diverted to other purposes by way of a loan or otherwise.

c. Monies in the housing fund shall be used to construct, acquire, rehabilitate or subsidize very low-, low- and moderate-income housing and/or to assist other governmental entities, private organizations or individuals in the construction, rehabilitation, reimbursement of city advanced funds, reimbursement of developer supplied infrastructure capacity, location or subsidy of very low-, low- and moderateincome housing. To the extent possible, as determined by the council, monies shall be targeted to benefit households identified as a need in the housing element of the general plan. Monies in the housing fund may be disbursed, hypothecated, collateralized or otherwise employed for these purposes

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

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from time to time as the community development director and city attorney and city council determine is appropriate to accomplish the purposes of the housing fund. These uses include, but are not limited to, assistance to housing development corporations, equity participation loans, grants, pre-home ownership co-investment, pre-development loan funds, participation leases, or other public/private partnership arrangements. The housing fund monies may be extended for the benefit of rental or owner-occupied housing or housing services.

d. Expenditures by the finance department from the housing fund shall be controlled, authorized, and paid in accordance with general city budgetary policies. Execution of contracts related to the use or administration of housing fund monies shall be in accordance with standard city council policy.

3. Location of Housing Units and Housing Services to Be Assisted With Housing Fund Monies. With respect to monies generated by the housing impact fee established by Section 17.30.020, Housing impact fees, these criteria shall also consider a reasonable geographical linkage between the nonresidential development projects subject to such fee and the housing assistance provided with the housing fund monies collected in connection with the projects, such that those receiving the housing assistance could reasonably commute to the commercial locations.

B. Biannual Review. The housing impact fee, housing in-lieu fee, and inclusionary requirements authorized by this chapter and implementing resolution(s) shall be reviewed every two years by the city council. Failure to perform the review does not excuse compliance with this chapter.

C. Enforcement.

1. It is unlawful, a public nuisance, and a misdemeanor for any person to sell or rent an affordable unit at a price or rent exceeding the maximum allowed under this chapter or to a household not qualified under this chapter, and such person shall be subject to a fine for the first offense of one hundred dollars ($100.00) per day per unit from the date of original noncompliance until the affordable unit is in compliance with this section. A second offense by the same owner for the same unit shall be subject to a fine of one thousand dollars ($1,000.00) per day per unit.

2. The city attorney’s office or the Napa County district attorney, as appropriate, shall be authorized to abate violations of this chapter and to enforce the provisions of this chapter and all implementing regulatory agreements and resale controls placed on affordable units by civil action, injunctive relief, and any other proceeding or method permitted by law.

3. The remedies provided for in this chapter shall be cumulative and not exclusive and shall not preclude the city from any other remedy or relief to which it otherwise would be entitled under law or equity.

D. Adjustment and Appeal.

1. A developer of any project subject to the requirements in this chapter may appeal to the city council for a reduction, adjustment, or waiver of the requirements based upon the absence of any reasonable relationship or nexus between the impact of the development and either the amount of the fee charged or the inclusionary requirement.

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

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2. A developer subject to the requirements of this chapter who has received an approved tentative subdivision or parcel map, minor or conditional use permit or similar discretionary approval and who submits a new or revised tentative subdivision or parcel map, minor or conditional use permit or similar discretionary approval for the same property may appeal for a reduction, adjustment or waiver of the requirements with respect to the number of lots or gross floor area of construction previously approved. No reduction, adjustment, or waiver shall be approved by the city council for a new tentative subdivision or parcel map, minor or conditional use permit or similar discretionary approval on property with an approved tentative subdivision or parcel map, minor or conditional use permit or similar discretionary permit unless the city council finds that the new tentative subdivision or parcel map, minor or conditional use permit or similar discretionary approval is consistent with the approved project both in its design and its mitigation of environmental impacts. The decision of the city council shall be final. If a reduction, adjustment, or waiver is granted, any change in use within the project shall invalidate the waiver, adjustment, or reduction of the fee or inclusionary requirement.

3. Any appeal under this section shall be made in writing and filed with the city clerk not later than ten (10) days before the first public hearing on any discretionary approval or permit for the development, or if no such discretionary approval or permit is required, or if the action complained of occurs after the first public hearing on such permit or approval, then the appeal shall be filed within ten (10) days after payment of the fees objected to. The appeal shall set forth in detail the factual and legal basis for the appeal. The city council shall consider the appeal at the public hearing on the permit application or at a separate hearing within sixty (60) days after the filing of the appeal, whichever is later. The appellant shall bear the burden of presenting substantial evidence to support the appeal including comparable technical information to support appellant’s position. (Ord. 23-4 § 5 (Exh. A))