St. Helena Municipal Code Ch. 18.04 Surface Mining and Reclamation

SURFACE MINING AND RECLAMATION

Sections:

• 18.04.010 Purpose and intent. 18.04.020 Definitions. 18.04.030 Incorporation by reference.

The city recognizes that the extraction of minerals is essential to the continued economic well-being of the city and to the needs of society and that the reclamation of mined lands is necessary to prevent or minimize adverse effects on the environment and to protect the public health and safety. The city also recognizes that surface mining takes place in diverse areas where the geologic, topographic, climatic, biological, and social conditions are significantly different and that reclamation operations and the specifications therefore may vary accordingly.

The purpose and intent of this chapter is to ensure the continued availability of important mineral resources, while regulating surface mining operations as required by California’s Surface Mining and Reclamation Act of 1975 (Public Resources Code Sections 2710 et seq.), as amended, hereinafter referred to as “SMARA,” Public Resources Code (PRC) Section 2207 (relating to annual reporting requirements), and State Mining and Geology Board regulations (hereinafter referred to as “state regulations”) for surface mining and reclamation practice (California Code of Regulations (CCR), Title 14, Division 2, Chapter 8, Subchapter 1, Sections 3500 et seq.), to ensure that:

A. Adverse environmental effects are prevented or minimized and that mined lands are reclaimed to a usable condition which is readily adaptable for alternative land uses;

B. The production and conservation of minerals are encouraged, while giving consideration to values relating to recreation, watershed, wildlife, range and forage, and aesthetic enjoyment;

• C. Residual hazards to the public health and safety are eliminated.

The city also recognizes the value to the community resulting from the gravel mining business on Sulphur Springs Creek. The creek channel is kept clear of debris and gravel accumulation downstream is reduced as a result of the gravel mining business. (Prior code § 23.1)

The definitions set forth in this section shall govern the construction of this chapter.

“Area of regional significance” means an area designated by the state mining and geology board which is known to contain a deposit of minerals, the extraction of which is judged to be of prime importance in meeting future needs for minerals in a particular region of the state within which the minerals are located and which, if prematurely developed for alternate incompatible land uses, could result in the premature loss of minerals that are of more than local significance.

“Area of statewide significance” means an area designated by the board which is known to contain a deposit of minerals, the extraction of which is judged to be of prime importance in meeting future needs for minerals in the state and which, if prematurely developed for alternate incompatible land uses, could result in the permanent loss of minerals that are of more than local or regional significance.

“Borrow pits” means excavations created by the surface mining of rock, unconsolidated geologic deposits or soil to provide material (borrow) for fill elsewhere.

“Compatible land uses” means land uses inherently compatible with mining and/or that require a minimum public or private investment in structures, land improvements, and which may allow mining because of the relative economic value of the land and its improvements. Examples of such uses may include, but shall not be limited to, very low density residential, geographically extensive but low impact industrial, recreational, agricultural, silvicultural, grazing, and open space.

“Haul road” means a road along which material is transported from the area of excavation to the processing plant or stock pile area of the surface mining operation.

“Idle” means surface mining operations curtailed for a period of one year or more, by more than ninety percent (90%) of the operation’s previous maximum annual mineral production, with the intent to resume those surface mining operations at a future date.

“Incompatible land uses” means land uses inherently incompatible with mining and/or that require public or private investment in structures, land improvements, and landscaping and that may prevent mining because of the greater economic value of the land and its improvements. Examples of such uses may include, but shall not be limited to, high density residential, low density residential with high unit value, public facilities, geographically limited but impact intensive industrial and commercial.

“Mined lands” means the surface, subsurface, and ground water of an area in which surface mining operations will be, are being, or have been conducted, including private ways and roads appurtenant to any such area, land excavations, workings, mining waste, and areas in which structures, facilities, equipment, machines, tools, or other materials or property which result from, or are used in, surface mining operations are located.

“Minerals” means any naturally occurring chemical element or compound, or groups of elements and compounds, formed from inorganic processes and organic substances, including, but not limited to, coal, peat and bituminous rock, but excluding geothermal resources, natural gas and petroleum.

“Operator” means any person who is engaged in surface mining operations, or who contracts with others to conduct operations on his or her behalf, except a person who is engaged in surface mining operations as an employee with wages as his or her sole compensation.

“Reclamation” means the combined process of land treatment that minimizes water degradation, air pollution, damage to aquatic or wildlife habitat, flooding, erosion, and other adverse effects from surface mining operations, including adverse surface effects incidental to underground mines, so that mined lands are reclaimed to a usable condition which is readily adaptable for alternate land uses and create no danger to public health or safety. The process may extend to affected lands surrounding mined lands, and may require backfilling, grading, resoiling, revegetation, soil compaction, stabilization, or other measures.

“Stream bed skimming” means excavation of sand and gravel from stream bed deposits above the mean summer water level or stream bottom, whichever is higher.

“Surface mining operations” means all, or any part of, the process involved in the mining of minerals on mined lands by removing overburden and mining directly from the mineral deposits, open-pit mining of minerals naturally exposed, mining by the auger method, dredging and quarrying, or surface work incident to an underground mine. Surface mining operations include, but are not limited to, in place distillation or retorting or leaching, the production and disposal of mining waste, prospecting and exploratory activities, borrow pitting, streambed skimming, and segregation and stockpiling of mined materials (and recovery of same). (Prior code § 23.2)

The provisions of SMARA (PRC Section 2710 et seq.), PRC Section 2207, and state regulations CCR Section 3500 et seq., as those provisions and regulations may be amended from time to time, are made a part of this chapter by reference with the same force and effect as if the provisions therein were specifically and fully set out herein, excepting that when the provisions of this chapter are more restrictive than correlative state provisions, this chapter shall prevail. (Prior code § 23.3)

Except as provided in this chapter, no person shall conduct surface mining operations unless a permit, reclamation plan, and financial assurances for reclamation have first been approved by the city. Any applicable exemption from this requirement does not automatically exempt a project or activity from the application of other regulations, ordinances or policies of the city, including but not limited to, the application of CEQA, the requirement of site approvals or other permits, the payment of development impact fees, or the imposition of other dedications and exactions as may be permitted under the law. The provisions of this chapter shall apply to all lands within the city, public and private.

This chapter shall not apply to the following activities, subject to the above-referenced exceptions:

A. Excavations or grading conducted for farming or on-site construction or for the purpose of restoring land following a flood or natural disaster;

B. On-site excavation and on-site earthmoving activities which are an integral and necessary part of a construction project that are undertaken to prepare a site for construction of structures, landscaping, or other land improvements, including the related excavation, grading, compaction, or the creation of fills, road cuts, and embankments, whether or not surplus materials are exported from the site, subject to all of the following conditions:

1. All required permits for the construction, landscaping, or related land improvements have been approved by a public agency in accordance with applicable provisions of state law and locally adopted plans and ordinances, including, but not limited to, the California Environmental Quality Act (“CEQA,” Public Resources Code, Division 13, Section 21000 et seq.),

2. The city’s approval of the construction project included consideration of the on-site excavation and onsite earth-moving activities pursuant to CEQA,

3. The approved construction project is consistent with the general plan or zoning of the site,

4. Surplus materials shall not be exported from the site unless and until actual construction work has commenced and shall cease if it is determined that construction activities have terminated, have been indefinitely suspended, or are no longer being actively pursued;

C. Operation of a plant site used for mineral processing, including associated on-site structures, equipment, machines, tools, or other materials, including the on-site stockpiling and on-site recovery of mined materials, subject to all of the following conditions:

1. The plant site is located on lands designated for industrial or commercial uses in the city’s general plan,

2. The plant site is located on lands zoned industrial or commercial, or are contained within a zoning category intended exclusively for industrial activities by the city,

3. None of the minerals being processed are being extracted on-site,

4. All reclamation work has been completed pursuant to the approved reclamation plan for any mineral extraction activities that occurred on-site after January 1, 1976;

• D. Prospecting for, or the extraction of, minerals for commercial purposes and the removal of overburden in total amounts of less than one thousand (1,000) cubic yards in any one location of one acre or less;

E. Surface mining operations that are required by federal law in order to protect a mining claim, if those operations are conducted solely for that purpose;

F. Any other surface mining operations that the State Mining and Geology Board determines to be of an infrequent nature and which involve only minor surface disturbances;

• G. The solar evaporation of sea water or bay water for the production of salt and related minerals;

H. Emergency excavations or grading conducted by the department of water resources or the reclamation board for the purpose of averting, alleviating, repairing, or restoring damage to property due to imminent or recent floods, disasters, or other emergencies;

I. Road construction and maintenance for timber or forest operations if the land is owned by the same person or entity, and if the excavation is conducted adjacent to timber or forest operation roads. This exemption is only available if slope stability and erosion are controlled in accordance with board regulations and, upon closure of the site, the person closing the site implements, where necessary, revegetation measures and post-closure uses in consultation with the department of forestry and fire protection. This exemption does not apply to on-site excavation or grading that occurs within one hundred (100) feet of a Class One watercourse or seventy-five (75) feet of a Class Two watercourse, or to excavations for materials that are, or have been, sold for commercial purposes. (Prior code § 23.4)

A. No person who obtained a vested right to conduct surface mining operations prior to January 1, 1976, shall be required to secure a permit to mine, so long as the vested right continues and as long as no substantial changes have been made in the operation except in accordance with SMARA, state regulations, and this chapter. Where a person with vested rights has continued surface mining in the same area subsequent to January 1, 1976, he or she shall obtain city approval of a reclamation plan covering the mined lands disturbed by such subsequent surface mining. In those cases where an overlap exists (in the horizontal and/or vertical sense) between pre- and post-Act mining, the reclamation plan shall call for reclamation proportional to that disturbance caused by the mining after the effective date of the Act (January 1, 1976).

B. All other requirements of state law and this chapter shall apply to vested mining operations. (Prior code § 23.5)

A. Applications for a site approval or reclamation plan for surface mining or land reclamation projects shall be made on forms provided by the planning department. The application shall be filed in accord with this chapter and procedures to be established by the planning director. The forms for reclamation plan applications shall require, at a minimum, each of the elements required by SMARA (Sections 2772-2773) and state regulations, and any other requirements deemed necessary to facilitate an expeditious and fair evaluation of the proposed reclamation plan, to be established at the discretion of the planning director. As many copies of the site approval application as may be required by the planning director shall be submitted to the planning department.

B. As many copies of a reclamation plan application as may be required shall be submitted in conjunction with all applications for site approvals for surface mining operations. For surface mining operations that are exempt from a site approval pursuant to this chapter, the reclamation plan application shall include information concerning the mining operation that is required for processing the reclamation plan. All documentation for the reclamation plan shall be submitted to the city at one time.

C. Applications shall include all required environmental review forms and information prescribed by the planning director.

D. Upon completion of the environmental review procedure and filing of all documents required by the planning director, consideration of the site approval or reclamation plan for the proposed or existing surface mine shall be completed pursuant to Chapter 17.08 at a public hearing before the planning commission, and pursuant to Section 2774 of the Public Resources Code.

E. Within thirty (30) days of acceptance of an application for a site approval for surface mining operations and/or a reclamation plan as complete, the planning department shall notify the State Department of Conservation of the filing of the application(s). Whenever mining operations are proposed in the one hundred (100) year flood plain of any stream, as shown in Zone A of the Flood Insurance Rate Maps issued by the Federal Emergency Management Agency, and within one mile, upstream or downstream, of any state highway bridge, the planning department shall also notify the State Department of Transportation that the application has been received.

F. The planning department shall process the application(s) through environmental review pursuant to the California Environmental Quality Act (Public Resources Code Sections 21000 et seq.) and the city’s environmental review guidelines.

G. Subsequent to the appropriate environmental review, the planning department shall prepare a staff report with recommendations for consideration by the planning commission.

H. The planning commission shall hold at least one noticed public hearing on the site approval and/or reclamation plan.

I. Prior to final approval of a reclamation plan, financial assurances (as provided in this chapter), or any amendments to the reclamation plan or existing financial assurances, the planning commission shall certify to the State Department of Conservation that the reclamation plan and/or financial assurance complies with the applicable requirements of state law, and submit the plan, assurance, or amendments to the State Department of Conservation for review. The planning commission may conceptually approve the reclamation plan and financial assurance before submittal to the State Department of Conservation. If a site approval is being processed concurrently with the reclamation plan, the planning commission may simultaneously also conceptually approve the site approval. However, the planning commission may defer action on the site approval until taking final action on the reclamation plan and financial assurances. If necessary to comply with permit processing deadlines, the planning commission may conditionally approve the site approval with the condition that the planning department shall not issue the site approval for the mining operations until cost estimates for financial assurances have been reviewed by the State Department of Conservation and final action has been taken on the reclamation plan and financial assurances.

J. Pursuant to PRC Section 2774(d), the State Department of Conservation shall be given thirty (30) days to review and comment on the reclamation plan and forty-five (45) days to review and comment on the financial assurance. The planning commission shall evaluate written comments received, if any, from the State Department of Conservation during the comment periods. Staff shall prepare a written response describing the disposition of the major issues raised by the state for the planning commission’s approval. In particular, when the planning commission’s position is at variance with the recommendations and objections raised in the state’s comments, the written response shall address, in detail, why specific comments and suggestions were not accepted. Copies of any written comments received and responses prepared by the planning commission shall be promptly forwarded to the operator/applicant.

The planning commission shall then take action to approve, conditionally approve, or deny the site approval and/ or reclamation plan, and to approve the financial assurances pursuant to PRC Section 2770(d).

K. The planning department shall forward a copy of each approved site approval for mining operations and/or approved reclamation plan, and a copy of the approved financial assurances to the State Department of Conservation. By July 1st of each year, the planning department shall submit to the State Department of Conservation for each active or idle mining operation a copy of the site approval or reclamation plan amendments, as applicable, or a statement that there have been no changes during the previous year. (Prior code § 23.6)

A. All Reclamation Plans shall comply with the provisions of SMARA (Section 2772 and Section 2773) and state regulations (CCR Sections 3500—3505). Reclamation plans approved after January 15, 1993, reclamation plans for proposed new mining operations, and any substantial amendments to previously approved reclamation plans, shall also comply with the requirements for reclamation performance standards (CCR Sections 3700—3713).

B. The reclamation plan shall, in addition to all other requirements, be signed by the applicant and either the principal mining engineer or some other qualified person responsible for drawing up the plans who is acceptable to the planning director and shall contain the following information:

1. A detailed schedule of the anticipated sequence and timing of each stage of the reclamation;

2. A physical description of the site prior to commencing operations, or, if operations have already commenced, a description as of the date the application is filed;

3. The location and condition of any mined area which was completed or abandoned prior to January 1, 1976, and which will not be mined pursuant to the present application for a surface mining permit, if granted;

4. The method of grading, backfilling, soil stabilization, compacting or contouring to be used to ensure that the mining property will contain stable slopes and waste piles. Final slope gradients for the mining property must be included;

5. The manner in which rehabilitation of premining drainage will occur and the method by which contaminants remaining upon completion of the mining operation will be controlled so as to avoid contamination of surface runoff and ground water;

6. The disposition of mine waste rock and overburden and the method to be utilized to salvage and reuse existing top-soil;

7. The method of soil preparation and fertilizer used to prepare the land for replanting and the type of mixture of shrubs, trees, grasses, or other vegetation to be planted including the method of planting, approximate quantity and spacing. All land in areas containing Class I, II, or III soils which are zoned for prime agricultural purposes must be reclaimed to an agriculturally productive state equal or superior to that existing before mining commenced. All other lands zoned for agricultural purposes must be reclaimed so as to reasonably permit the use of the land in a manner which is compatible within an agricultural zone;

8. A narrative of the manner in which structures, machinery, waste materials and scraps will ultimately be removed from the reclaimed site including a description of all structures to remain on site after reclamation has been completed and their ultimate location;

9. A description of the proposed ultimate uses top which the land in capable of being adopted after reclamation including a discussion of the consistency of such proposed uses with any applicable general and specific plans and to what extent such uses will be compatible with adjacent properties;

10. A reasonable detailed cost estimate of the probable costs of the reclamation to be conducted on the site taking into account inflationary factors. Supporting data for all required estimates are mandatory. If the mining and reclamation are to be completed in phases, a breakdown of the estimate of the cost of reclamation for each phase shall be included;

11. A reasonable detailed financial statement by the applicant which demonstrates that sufficient funds will be available to enable the applicant to reclaim the land;

12. A map which will delineate through the use of cross sections and elevations the physical characteristics of the land upon the conclusion of reclamation. A topographic map shall be provided with the location of the reclaimed land clearly indicated on the map. The map must show existing bodies of surface water, topographic, cultural and drainage features, and the proposed location of drill holes, trenches and roads;

13. Such other data as may be required by the city planner.

C. Reclamation activities shall be initiated at the earliest possible time on those portions of the mined lands that will not be subject to further disturbance. Interim reclamation may also be required for mined lands that have been disturbed and that may be disturbed again in future operations. Reclamation may be done on an annual basis, in stages compatible with continuing operations, or on completion of all excavation, removal, or fill, as approved by the city. Each phase of reclamation shall be specifically described in the reclamation plan and shall include: (a) the beginning and expected ending dates for each phase; (b) all reclamation activities required; (c) criteria for measuring completion of specific reclamation activities; and (d) estimated costs for completion of each phase of reclamation. (Prior code § 23.7)

The person submitting the reclamation plan shall sign a statement accepting responsibility for reclaiming the mined lands in accordance with the reclamation plan. The statement shall be kept by the planning department in the mining operation’s permanent record. Upon sale or transfer of the operation, the new operator shall submit a signed statement of responsibility to the planning department for placement in the permanent record. (Prior code § 23.8)

A. Site Approvals. In addition to any findings required by this code, site approvals for surface mining operations shall include a finding that the project complies with the provisions of SMARA and state regulations.

• B. Reclamation Plans. For reclamation plans, the following findings shall be required:

  1. That the reclamation plan complies with SMARA Section 2772 and Section 2773, and any other applicable provisions;

  2. That the reclamation plan complies with applicable requirements of state regulations (CCR Sections 3500—3505, and Sections 3700—3713);

  3. That the reclamation plan and potential use of reclaimed land pursuant to the plan are consistent with this chapter and the city’s general plan and any applicable resource plan or element;

  4. That the reclamation plan has been reviewed pursuant to CEQA and the city’s environmental review guidelines, and all significant adverse impacts from reclamation of the surface mining operations are mitigated to the maximum extent feasible;

5. That the land and/or resources such as water bodies to be reclaimed will be restored to a condition that is compatible with, and blends in with, the surrounding natural environment, topography, and other resources, or that suitable off-site development will compensate for related disturbance to resource values;

6. That the reclamation plan will restore the mined lands to a usable condition which is readily adaptable for alternative land uses consistent with the general plan and applicable resource plan;

7. That a written response to the State Department of Conservation has been prepared, describing the disposition of major issues raised by that department. Where the city’s position is at variance with the recommendations and objections raised by the State Department of Conservation, the response shall address, in detail, why specific comments and suggestions were not accepted. (Prior code § 23.9)

A. To ensure that reclamation will proceed in accordance with the approved reclamation plan, the city shall require as a condition of approval security which will be released upon satisfactory performance. The applicant may pose security in the form of a surety bond, trust fund, irrevocable letter of credit from an accredited financial institution, or other method acceptable to the city and the State Mining and Geology Board as specified in state regulations, and which the city reasonably determines are adequate to perform reclamation in accordance with the surface mining operation’s approved reclamation in accordance with the surface mining operation’s approved reclamation plan. Financial assurances shall be made payable to the city and the State Department of Conservation.

B. Financial assurances will be required to ensure compliance with elements of the reclamation plan, including but not limited to, revegetation and landscaping requirements, restoration of aquatic or wildlife habitat, restoration of water bodies and water quality, slope stability and erosion and drainage control, disposal of hazardous materials, and other measures, if necessary.

C. Cost estimates for the financial assurance shall be submitted to the planning department for review and approval prior to the operator securing financial assurances. The planning director shall forward a copy of the cost estimates, together with any documentation received supporting the amount of the cost estimates, to the State Department of Conservation for review. If the State Department of Conservation does not comment within fortyfive (45) days of receipt of these estimates, it shall be assumed that the cost estimates are adequate, unless the city has reason to determine that additional costs may be incurred. The planning director shall have the discretion to approve the financial assurance if it meets the requirements of this chapter, SMARA, and state regulations.

D. The amount of the financial assurance shall be based upon the estimated costs of reclamation for the years or phases stipulated in the approved reclamation plan, including any maintenance of reclaimed areas as may be required, subject to adjustment for the actual amount required to reclaim lands disturbed by surface mining activities in the upcoming year. Cost estimates should be prepared by a California registered professional engineer and/or other similarly licensed and qualified professionals retained by the operator and approved by the planning director. The estimated amount of the financial assurance shall be based on an analysis of physical activities necessary to implement the approved reclamation plan, the unit costs for each of these activities, the number of units of each of these activities, and the actual administrative costs. Financial assurances to ensure compliance with revegetation, restoration of water bodies, restoration of aquatic or wildlife habitat, and any other applicable element of the approved reclamation plan shall be based upon cost estimates that include but may not be limited to labor, equipment, materials, mobilization of equipment, administration, and reasonable profit by a commercial operator other than the permittee. A contingency factor of ten percent (10%) shall be added to the cost of financial assurances.

E. In projecting the costs of financial assurances, it shall be assumed without prejudice or insinuation that the surface mining operation could be abandoned by the operator and, consequently, the city or State Department of Conservation may need to contract with a third party commercial company for reclamation of the site.

F. The financial assurances shall remain in effect for the duration of the surface mining operation and any additional period until reclamation is completed (including any maintenance required).

G. The amount of financial assurances required of a surface mining operation for any one year shall be adjusted annually to account for new lands disturbed by surface mining operations, inflation, and reclamation of lands accomplished in accordance with the approved reclamation plan. The financial assurances shall include estimates to cover reclamation for existing conditions and anticipated activities during the upcoming year, excepting that the permittee may not claim credit for reclamation scheduled for completion during the coming year.

H. Revisions to financial assurances shall be submitted to the planning director each year prior to the anniversary date for approval of the financial assurances. The financial assurance shall cover the cost of existing disturbance and anticipated activities for the next calendar year, including any required interim reclamation. If revisions to the financial assurances are not required, the operator shall explain, in writing, why revisions are not required. (Prior code § 23.10)

A. Within ninety (90) days of a surface mining operation becoming idle, the operator shall submit to the planning department a proposed interim management plan (IMP). The proposed IMP shall fully comply with the requirements of SMARA, including but not limited to all site approval conditions, and shall provide measures the operator will implement to maintain the site in a stable condition, taking into consideration public health and safety. The proposed IMP shall be submitted on forms provided by the planning department, and shall be processed as an amendment to the reclamation plan. IMPs shall not be considered a project for the purposes of environmental review.

B. Financial assurances for idle operations shall be maintained as though the operation were active.

C. Upon receipt of a complete proposed IMP, the planning department shall forward the IMP to the State Department of Conservation for review. The IMP shall be submitted to the State Department of Conservation at least thirty (30) days prior to approval by the planning commission.

D. Within sixty (60) days of receipt of the proposed IMP, or a longer period mutually agreed upon by the planning director and the operator, the planning commission shall review and approve or deny the IMP in accordance with this chapter. The operator shall have thirty (30) days, or a longer period mutually agreed upon by the operator and the planning director, to submit a revised IMP. The planning commission shall approve or deny the revised IMP within sixty (60) days of receipt. If the planning commission denies the revised IMP, the operator may appeal that action to the city council.

E. The IMP may remain in effect for a period not to exceed five years, at which time the planning commission may renew the IMP for another period not to exceed five years, or require the surface mining operator to commence reclamation in accordance with its approved reclamation plan. (Prior code § 23.11)

Surface mining operators shall forward an annual surface mining report to the State Department of Conservation and to the city planning department on a date established by the State Department of Conservation, upon forms furnished by the State Mining and Geology Board. New mining operations shall file an initial surface mining report and any applicable filing fees with the State Department of Conservation within thirty (30) days of permit approval, or before commencement of operations, whichever is sooner. Any applicable fees, together with a copy of the annual inspection report, shall be forwarded to the State Department of Conservation at the time of filing the annual surface mining report. (Prior code § 23.12)

A. The planning department shall arrange for inspection of a surface mining operation within six months of receipt of the annual report required in Section 18.04.120, to determine whether the surface mining operation is in compliance with the approved site approval and/or reclamation plan, approved financial assurances, and state regulations. In no event shall less than one inspection be conducted in any calendar year. The inspections may be made by a state-registered geologist, state-registered civil engineer, state licensed landscape architect, or stateregistered forester, who is experienced in land reclamation and who has not been employed by the mining operation in any capacity during the previous twelve (12) months, or other qualified specialists, as selected by the planning director. All inspections shall be conducted using a form approved and provided by the State Mining and Geology Board.

B. The planning department shall notify the State Department of Conservation within thirty (30) days of completion of the inspection that the inspection has been conducted, and shall forward a copy of said inspection notice and any supporting documentation to the mining operator. The operator shall be solely responsible for the reasonable cost of such inspection. (Prior code § 23.13)

If the planning director, based upon an annual inspection or otherwise confirmed by an inspection of the mining operation, determines that a surface mining operation is not in compliance with this chapter, the applicable site approval, any required permit and/or the reclamation plan, the city shall follow the procedures set forth in Public Resources Code, Section 2774.1 and Section 2774.2 concerning violations and penalties, as well as those provisions of this code for revocation and/or abandonment of a site approval which are not preempted by SMARA. (Prior code § 23.14)

Any person aggrieved by an act or determination of the planning department in the exercise of the authority granted herein, shall have the right to appeal the action of the planning director pursuant to Section 17.08.180 of this code. (Prior code § 23.15)

The city shall establish such fees as it deems necessary to cover the reasonable costs incurred in implementing this chapter and the state regulations, including but not limited to, processing of applications, annual reports, inspections, monitoring, enforcement and compliance. Such fees shall be paid by the operator, as required by the city, at the time of filing of the site approval application, reclamation plan application, and at such other times as are determined by the city to be appropriate in order to ensure that all reasonable costs of implementing this chapter are borne by the mining operator. (Prior code § 23.16)

A. Mine development is encouraged in compatible areas before encroachment of conflicting uses. Mineral resource areas that have been classified by the State Department of Conservation’s Division of Mines and Geology or designated by the State Mining and Geology Board, as well as existing surface mining operations that remain in compliance with the provisions of this chapter, shall be protected from intrusion by incompatible land uses that may impede or preclude mineral extraction or processing, to the extent possible for consistency with the city’s general plan.

B. In accordance with PRC Section 2762, the city’s general plan and resource maps will be prepared to reflect mineral information (classification and/or designation reports) within twelve (12) months of receipt from the State Mining and Geology Board of such information. Land use decisions within the city will be guided by information provided on the location of identified mineral resources of regional significance. Conservation and potential development of identified mineral resource areas will be considered and encouraged. Recordation on property titles of the presence of important mineral resources within the identified mineral resource areas may be encouraged as a condition of approval of any development project in the impacted area. Prior to approving a use that would otherwise be incompatible with mineral resource protection, conditions of approval may be applied to encroaching development projects to minimize potential conflicts. (Prior code § 23.17)

The St. Helena Municipal Code is current through Ordinance 26-5, passed June 23, 2026.

Disclaimer: The city clerk’s office has the official version of the St. Helena Municipal Code. Users should contact the city clerk’s office for ordinances passed subsequent to the ordinance cited above.

City Website: www.cityofsthelena.gov

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Statutory References State Code Citation Table Prior Code Cross-reference Table Outdated References to Title 17 Ordinance List

Statutory References

for California Cities

The statutory references listed below refer the code user to state statutes applicable to California cities. They are current through June 2023.

Note: The list of references includes references applicable to cities, generally; certain references may be applicable solely to chartered cities and others may not be applicable to chartered cities.

Accessory dwelling units. Gov’t Code § 65852.150 et seq.

Administrative fines and penalties. Gov’t Code § 53069.4

Alternative forms of government. Gov’t Code § 34851 et seq.

Authority to adopt, amend, revise or repeal city charters. Cal. Const. Art. XI, § 3 et seq.

Citations for infractions and misdemeanors. Penal Code §§ 853.5 – 853.85

Classifications of cities. Gov’t Code §§ 34100 – 34102

Code adoption. Gov’t Code §§ 50022.1 – 50022.10

Conflict of interest code. Gov’t Code § 87100 et seq.

Elections. Gov’t Code §§ 34050 and 36503 and Elec. Code §§ 1301, 9200 et seq., and 10100 et seq.

Expedited judicial review of First Amendment cases. Civ. Proc. Code § 1094.8

False petitions. Gov’t Code § 34093

General powers. Gov’t Code § 37100 et seq. and Cal. Const. Art. XI, § 7

Imprisonment. Gov’t Code §§ 36901 and 36903 – 36904

Initiative and referendum. Cal. Const. Art. XI, § 7.5 and Elec. Code §§ 9200 et seq. and 9235 et seq.

Judicial review of city decisions. Civ. Proc. Code § 1094.6

Ordinances. Gov’t Code § 36900 et seq.

Penalties for ordinance violations. Gov’t Code § 36900 et seq.

Police power. Cal. Const. Art. XI, § 7

Procedure for enactment or revision of city charters. Gov’t Code § 34450 et seq.

California Emergency Services Act. Gov’t Code § 8550 et seq.

Chief of police. Gov’t Code § 41601 et seq.

City assessor. Gov’t Code § 41201 et seq. City attorney. Gov’t Code § 41801 et seq. City clerk. Gov’t Code § 40801 et seq. City manager. Gov’t Code §§ 34851 – 34859 City officers generally. Gov’t Code § 36501 City records. Gov’t Code §§ 34090 – 34090.7 City treasurer. Gov’t Code § 41001 et seq.

Election of legislative body by districts. Gov’t Code § 34870 et seq.

Elective mayor. Gov’t Code §§ 34900 – 34906 Fire department. Gov’t Code § 38611

Legislative body. Gov’t Code § 36801 et seq.

Local emergencies. Gov’t Code §§ 8630 – 8634

Local planning agencies. Gov’t Code § 65100 et seq.

Mayor. Gov’t Code §§ 36801 – 36803 and 40601 et seq.

Meetings (“Ralph M. Brown Act”). Gov’t Code § 54950 et seq.

Peace officer standards and training. Penal Code § 13500 et seq.

Personnel system. Gov’t Code § 45000 et seq.

Retirement systems. Gov’t Code § 45300 et seq. and 53060.1

Bradley-Burns Bill of Rights. Rev. & Tax. Code §§ 7221 – 7226

Bradley-Burns Uniform Local Sales and Use Tax Law. Rev. & Tax. Code § 7200 et seq. and Gov’t Code § 37101

Chartered city special assessment procedure. Gov’t Code § 43240

Claims against public entities. Gov’t Code § 900 et seq.

Contracting by local agencies (“Local Agency Public Construction Act”). Pub. Cont. Code § 20100 et seq.

Development fees. Gov’t Code § 66000 et seq.

Documentary Transfer Tax Act. Rev. & Tax. Code § 11901 et seq.

Financial powers. Gov’t Code § 37200 et seq.

Fiscal year in chartered cities. Gov’t Code §§ 43120 and 43122

Graffiti prevention tax. Rev. & Tax. Code §§ 7287 – 7287.10

Local agency service fees and charges. Gov’t Code § 66012 et seq.

Property tax assessment, levy and collection. Gov’t Code § 43000 et seq.

Public works and public purchases. Gov’t Code § 4000 et seq.

Special gas tax street improvement fund. Sts. & High. Code § 2113

Transfer of tax function to county. Gov’t Code § 51500 et seq.

Transient occupancy tax. Rev. & Tax. Code §§ 7280 – 7283.51

Unclaimed property. Civ. Code § 2080 et seq.

Uniform Public Construction Cost Accounting Act. Pub. Cont. Code § 22000 et seq.

Alcoholic beverages – Local authority. Bus. & Prof. Code §§ 23790 – 23791

Authority to license businesses. Gov’t Code § 37101 and Bus. & Prof. Code § 16000 et seq.

Automatic checkout systems. Civ. Code § 7100 et seq.

Bingo. Penal Code §§ 326.4 and 326.5

Charitable solicitations. Bus. & Prof. Code § 17510 et seq.

Commercial filming. Gov’t Code § 65850.1

Community antenna television systems. Gov’t Code § 53066 et seq.

Gambling Control Act. Bus. & Prof. Code § 19800 et seq.

Massage parlors. Gov’t Code § 51030 et seq.

Pet boarding facilities. Health & Safety Code § 122380 et seq.

Private Investigator Act. Bus. & Prof. Code § 7512 et seq.

Taxicabs and vehicles for hire. Veh. Code §§ 16500 et seq., 21100(b), and 21112 and Gov’t Code § 53075 et seq.

generally._ Food & Agric. Code § 16301 et seq.

Cruelty to animals. Penal Code § 596 et seq.

Dangerous and vicious dogs. Food & Agric. Code § 31601 et seq.

Dogs and dog licenses. Gov’t Code § 38792 and Food & Agric. Code § 30501 et seq.

Rabies control. Health & Safety Code § 121575 et seq.

Health and Safety

Delinquent garbage fees. Gov’t Code §§ 38790.1 and 25831

Fire prevention. Health & Safety Code § 13000 et seq.

Fireworks (permits). Health & Safety Code § 12640 et seq.

Fireworks (State Fireworks Law). Health & Safety Code §§ 12500 et seq.

Garbage and refuse collection and disposal. Pub. Res. Code § 49000 et seq. and Gov’t Code § 38790

Graffiti abatement. Gov’t Code §§ 38772 and 53069.3

Hospitals. Gov’t Code § 37600 et seq.

Littering. Penal Code § 374 et seq.

Local control of cannabis. Bus. & Prof. Code § 26200 et seq.

Medical cannabis ordinances. Health & Safety Code § 11362.83

Military equipment. Gov’t Code § 7070 et seq.

Noise control. Health & Safety Code § 46000 et seq. and Gov’t Code § 65302(f)

Nuisance abatement. Gov’t Code § 38771 et seq. and Penal Code §§ 370, 372, and 373a

Single-user restrooms. Health & Safety Code § 118600

Weed and rubbish abatement. Gov’t Code § 39501 et seq.

Crimes against property. Penal Code § 450 et seq.

Crimes against public health and safety. Penal Code § 369a et seq.

Crimes against public justice. Penal Code § 92 et seq.

Crimes against the person. Penal Code § 187 et seq.

Crimes against the public peace. Penal Code § 403 et seq.

Crimes involving sexual assault and against public decency. Penal Code § 261 et seq.

Criminal storage of firearms. Penal Code 25100 et seq.

Minors. Penal Code §§ 853.6a and 858(b) and Welf. & Inst. Code §§ 100 et seq. and 742.10 et seq. (graffiti) Weapons. Penal Code §§ 12001 et seq., 16000 et seq., 17500 et seq., and 19910 et seq.

Autonomous vehicles. Veh. Code §§ 38750 – 38755

Bicycles, electric bicycles, pedicabs (definitions). Veh. Code § 231 et seq., 21100(h), 21206, and 39000 et seq. Bicycles. Veh. Code §§ 21100 et seq., 21200 et seq., and 39000 et seq.

Curb markings. Veh. Code § 21458

Establishments of crosswalks. Veh. Code § 21106

Local traffic rules and regulations. Veh. Code § 21100 et seq.

One-way street designations. Veh. Code § 21657

Pedestrian rights and duties. Veh. Code § 21949 et seq.

Penalties. Veh. Code § 40000.1 et seq.

Speed limits. Veh. Code § 22348 et seq.

Stopping, standing, and parking. Veh. Code § 22500 et seq.

Through highways. Veh. Code §§ 21101(b), 21353, and 21354

Traffic control devices. Veh. Code § 21350 et seq.

Traffic signs, signals and markings. Veh. Code § 21350 et seq.

Turning movements. Veh. Code § 22100 et seq.

Vehicle weight limits. Veh. Code § 35700 et seq.

Violations. Veh. Code § 40000.1 et seq.

Advertising displays; signs. Gov’t Code §§ 38774 and 65850(b) and Bus. & Prof. Code § 5200 et seq.

Constructions of sidewalks and curbs. Sts. & High. Code § 5870 et seq.

Improvement Act of 1911. Sts. & High. Code § 5000 et seq.

Landscaping and Lighting Act of 1972. Sts. & High. Code § 22500 et seq.

Municipal parks. Pub. Res. Code § 5181 et seq.

Obstructions and encroachments of public ways. Gov’t Code § 38775

Tree Planting Act of 1931. Sts. & High. Code § 22000 et seq.

Underground utility districts. Sts. & High. Code § 5896.1 et seq. and Gov’t Code § 38793

Connection fees. Gov’t Code § 66013

Inventory of known lead user service lines. Health & Safety Code § 116885

Municipal sewers. Gov’t Code § 38900 et seq. and Health & Safety Code § 5470 et seq.

Municipal water systems. Gov’t Code § 38730 et seq.

Water wells. Water Code § 13700 et seq.

Buildings and Construction

Adoption of construction codes. Health & Safety Code §§ 17922, 17958, and 17958.5

Authority to regulate buildings and construction. Gov’t Code §§ 38601(b) and 38660

Inspection warrants. Civ. Proc. Code § 1822.50 et seq.

Manufactured housing and mobilehomes. Health & Safety Code §§ 18000 et seq. and 18200 et seq.

Signs. Gov’t Code §§ 38774 and 65850(b) and Bus. & Prof. Code § 5200 et seq.

State Housing Law. Health & Safety Code § 17910 et seq.

Subdivision Map Act. Gov’t Code § 66410 et seq.

Zoning

Family day care homes. Health & Safety Code § 1597.30 et seq.

Local authority to regulate land use. Gov’t Code § 65850

Local planning generally (“Planning and Zoning Law”). Gov’t Code § 65000 et seq.

Local zoning administration. Gov’t Code § 65900 et seq.

Open-space zoning. Gov’t Code § 65910 et seq.

Zoning fees and charges. Gov’t Code § 66014

California Environmental Quality Act. Pub. Res. Code § 21000 et seq.

California Noise Control Act of 1973. Health & Safety Code § 46000 et seq. and Gov’t Code § 65302(f)

Drought tolerant landscaping. Gov’t Code § 53087.7

Online resource center – Municipal stormwater permit compliance. Water Code § 13383.9

Short-lived climate pollutants. Health & Safety Code § 39730.5 et seq. and Pub. Res. Code § 42652 et seq.

Wildfire mitigation (electric utilities and electrical cooperatives). Pub. Util. Code § 8387

This table lists California state code sections that are cited in this code. Thus, California Penal Code Section 830 is cited in Section 1.12.040.

This table provides users with the legislative history and the current disposition of the sections in the St. Helena Municipal Code.

Thus, prior code Section 1.1 appears in this code as Section 1.04.010.

The legislative history information was derived from the St. Helena City Code, comprising the general ordinances of the city of St. Helena, California.

• 84-19 (Repealed by 23-3)

• 93-15 Rezone (Special)

• 93-16 Amends prior zoning code § 22.09(d)(6), zoning (Title 17)

• 93-17 Amends prior code § 2.70, city council vacancies (2.04)

• 93-18 Adds prior code § 10.9(b)(3), speed limits (10.08)

• 00-2 Amends prior code §§ 27.78(c) and 27.88(d), zoning (Title 17)

• 00-3 Amends prior code § 10A.3.5, city parks (12.32)

• 00-4 Amends prior code Ch. 2, Art. II, city administrator (2.12)

• 00-5 Amends prior code §§ 27.24, 27.47, 27.48, 27.49, 27.55, 27.56, 27.215, 27.230, 27.240, 27.466, zoning (Title 17)

• 00-6 Amends prior code §§ 12.1 and 12.3, sewer charges (13.20)

• 00-7 Amends prior code §§ 27.101 and 27.102, zoning (Title 17)

• 00-8

  • Amends prior code Ch. 21, film permits (5.24)

• 00-9 Amends prior code § 12.5, annexation fees (13.20)

• 00-10 Adds Art. II to Ch. 20, fire alarm systems (8.16) 01-1 Amends prior code § 18.8, water rates (13.04) 01-2 Rezone (Special) 01-3 Rezone (Special) 01-4 Rezone (Special) 01-5 Authorizes amendment to contract with California Public Employees’ Retirement System (Special) 01-6 Amends prior code Ch. 17, trees and other vegetation and prior code § 25.56(b)(5), subdivisions (12.24, 16.16)

• 01-7 Urgency ordinance allowing ambulance company use of Carnegie Building facilities (Special) 01-8 Amends prior code §§ 27.106(h)(3) and 27.247(g), zoning (Title 17) 01-9 Repeals and replaces prior code Ch. 3 [Ch. 6.04], animals, and repeals and replaces prior code § 11.40 with Ch. 11.40 [Ch. 5.16], bingo (5.16, 6.04)

• 01-10 Adds prior code §§ 2.117, 2.118, 2.140, 2.141, 2.150, 2.151, 2.155 and 2.156; amends prior code §§ 2.16—2.23, 2.24—2.28.01, 2.100—2.103, 2.115 and 2.116; repeals prior code § 2.24, personnel job descriptions (2.20, 2.24, 2.28, 2.32, 2.36, 2.40)

• 01-11 Adds prior code Ch. 18, Art. IV, water conservation (13.12) 01-12 Amends prior code § 1.8, claims against the city (3.12) 01-13 Amends prior code § 27.115(a) and (d), zoning (Title 17) 01-14 Repeals and replaces prior code Ch. 2, Art. XIV, purchase of supplies and equipment (3.04) 02-1 Amends prior code §§ 25.24, 25.27, 25.35, 25.41, 25.56(d), 25.62, 25.66, 25.76(c) and (d), 25.79, 25.92, 25.94, 25.99, 25.102(d) and (j), 25.131, 25.147 and 25.163, subdivisions (16.04, 16.08, 16.16, 16.20, 16.24, 16.28, 16.32)

• 02-2 Amends prior code §§ 15.20—15.27, 15.28 and 15.31; repeals and replaces prior code §§ 15.12—15.14; repeals prior code §§ 15.4—15.11, taxicabs and vehicles for hire (5.36)

• 02-3 Repeals and replaces prior code §§ 11.1—11.4 with Ch. 11.1 [Ch. 9.12], curfew, prior code § 11.9 with 11.2 [9.16.010], weapons, prior code § 11.15 with Ch. 11.3 [Ch. 5.28], peddlers and solicitors, prior code § 11.31 with 11.6 [9.04.010], offenses against public peace and decency, and prior code § 11.32 with 11.7 [10.16.110], parking, repeals prior code §§ 11.5—11.8, 11.10, 11.16—11.17, 11.20—11.21 and 11.30, and renumbers prior code § 11.18 to 11.4 [8.08.010], nuisances, prior code § 11.19 to 11.5 [5.32.010], residential rental units, prior code Ch. 11.40 to Ch. 11.8 [Ch. 5.16], bingo, and prior code §§ 11.50—11.57 to Ch. 11.9 [Ch. 9.08], offenses by or against minors (5.16, 5.28, 5.32, 8.08, 9.04, 9.16, 10.16)

• 02-4 Amends prior code Ch. 7, solid waste collection (Repealed by 22-1)

• 02-5 Amends “city administrator” to “city manager” and “city code” to “municipal code”; amends prior code §§ 1.1, 2.4.06(b)(2), 2.40, 2.104, 4.18, 4.25, 4B.5 and 4B.10(a), 5.10, 5A.11 and 5A.13(d)(6), 5B.1, 8.6, 9.2, 9.25, 10.2, 10.5.1, 10.7, 10.10.010, 10.12, 10.12.010, 10.13, 10.14, 10.18, 10.20, 10.26—10.30, 10.32—10.34, 10.38, 10.53, 10.54, 10.55, 10.58, 12A.6—12A.8, 16.5, 16.7, 17.4, 17.21(c), 17A.2, 18.2, 18.10, 18.13, 18.34, 18.44, 18.50, 20.6, 20.9, 20.24; repeals and replaces prior code § 12.15.04; repeals prior code §§ 4B.14, 5.11, 5.12, 5.13, 6.1—6.60, 10.31, 10A.6, 17A.12, 18.38, 18.49, 19.4, 19A.1—19A.6, 20.28 and 20.29 (1.04, 1.16, 2.12, 2.16, 2.44, 2.52, 2.64, 3.20, 5.08, 5.12, 8.12, 8.16, 10.04, 10.12, 10.16, 10.24, 10.28, 10.32, 12.24, 13.04, 13.08, 13.12, 13.24, 13.28, 15.04, 15.16, 15.36, 15.40, 15.48, 15.52)

• 02-6 Amends prior code §§ 27.1, 27.46(d) [27.44(e)], 27.54(e), 27.56(d), 27.64(e), 27.66, 27.72, 27.246, 27.247, 27.251(b)(5) [27.252(b)(2)(E)], 27.265, 27.266, 27.311, 27.32, 27.327, 27.357, 27.384 and 27.466, zoning (Title 17)

• 02-7 Amends prior code § 11.11(b), unnecessary noises generally (8.24)

• 02-7A Amends prior code §§ 18.23 to 18.30, water shortage emergencies (13.04)

• 02-8 Adds prior code § 27.22(K) [17.20.030(K)], twenty-acre agriculture district, and prior code Article III, Division 8 to Ch. 27 [adds Ch. 17.180], small wineries (Title 17)

• 03-1 Amends prior code Ch. 4, building regulations (15.08, 15.12, 15.16, 15.20, 15.24, 15.28, 15.32)

• 03-2 Amends prior code §§ 5A.11 and 5A.13 (15.36)

• 03-3 Readopts code (Special)

• 03-4 Amends §§ 17.04.160, 17.20.020—17.20.040, 17.32.020, 17.32.030, 17.32.050, 17.36.020—17.36.040, 17.40.020, 17.40.030, 17.40.050, 17.44.020, 17.44.030, 17.44.050, 17.60.030, 17.64.020—17.64.040, 17.116.010 and 17.116.030 and repeals § 17.116.020, zoning (Title 17)

• 03-5 Amends § 13.04.050, water service connections (13.04)

• 03-6 Rezone (Special)

• 04-1 Amends § 13.04.080(A), water rates (13.04)

• 04-2 Amends Ch. 13.12, water use efficiency and use guidelines (13.12)

• 04-3 Amends § 2.04.010, city council (2.04)

• 04-4 Amends §§ 17.32.060, 17.36.050 and 17.40.060, zoning (Title 17)

• 04-5 Adds Ch. 13.32, stormwater and runoff pollution control (13.32)

• 04-6 Amends Ch. 17.132, zoning (Title 17)

• 04-7 Adds Ch. 17.146, housing trust fund, housing impact fee and inclusionary/in-lieu fee requirements (Title 17)

• 04-8 Amends §§ 17.48.020, 17.48.030, 17.52.020 and 17.52.030; repeals §§ 17.48.100 and 17.52.100, zoning (Title 17)

• 04-9 Amends §§ 13.04.080 and 13.20.020, water and sewer service system (13.04, 13.20)

• 04-10 Amends Ch. 17.152, zoning (Title 17)

• 05-1 Amends § 17.52.030, zoning (Title 17)

• 05-2 Amends § 12.32.020, parks (12.32)

• 05-3 Amends §§ 8.04.100 and 8.20.010, health and safety (8.20)

• 05-4 Amends Chs. 17.12, 17.32, 17.40, 17.44, 17.112, 17.124 and 17.144, zoning (Title 17)

• 05-5 Amends § 13.04.080, water service system (13.04)

• 06-1 Rezone (Special)

• 06-2 Amends and rescinds Ch. 17.100, mobilehome park overlay district (Title 17)

• 06-3 Adds § 12.08.025 and amends § 12.08.010, sidewalks (12.08)

• 06-4 Rezone (Repealed by 10-6) 06-5 Amends Ch. 17.148, signs (Title 17)

• 06-6 Amends Ch. 3.32, development impact fees (3.32)

• 06-7 Rezone (Special)

• 06-8 Amends Ch. 15.52, flood damage prevention (15.52) 06-9 Amends §§ 17.48.080(B)(5) and 17.52.080(B)(5), outdoor seating (Title 17) 06-10 Amends §§ 10.08.010 and 10.08.020, speed limits (10.08) 06-11 Rezone (Special) 07-1 Amends §§ 17.60.020, 17.60.030 and 17.60.050, industrial district uses (Title 17)

• 07-2 Amends Title 15, buildings and construction (15.04, 15.08, 15.12, 15.16, 15.20, 15.24, 15.28, 15.32, 15.36, 15.40, 15.44, 15.48, 15.52)

• 07-3 Rezone (Special)

• 07-4 Adds §§ 17.20.040 and 17.36.040; amends §§ 17.24.040, 17.32.040, 17.40.040, 17.44.040, 17.164.030, 17.164.050, 17.164.070, 17.172.040, and 17.180.050; renumbers §§ 17.20.040 to 17.20.050, 17.20.050 to 17.20.060, 17.20.060 to 17.20.070, 17.36.040 to 17.36.050, 17.36.050 to 17.36.060, 17.36.060 to 17.36.070, design review (Title 17)

• 07-5 Amends Chs. 17.32, 17.40 and 17.44, housing density calculations (Title 17)

• 08-1 Amends §§ 13.04.080 and 13.20.020, water and sewer charges (13.04, 13.20)

• 08-2 Adds § 17.148.080; renumbers existing §§ 17.148.080 through 17.148.120 as 17.148.090 through 17.148.130, real estate signs (Title 17)

• 08-3 Adds Ch. 9.06, smoking regulations (9.06)

• 08-4 Adds Ch. 6.05, potentially dangerous and vicious animals (6.05)

• 08-5 Rezone (Special)

• 08-6 Amends § 5.12.050, miscellaneous business license fees (5.12)

• 09-1 Repeals § 17.148.080(D), signs (Title 17)

• 09-2 Rezone (Special)

• 09-3 Rezone (Special)

• 09-4 Adds Ch. 12.36, skate parks (12.36)

• 09-5 Amends § 17.116.040, home occupations (Title 17)

• 09-6 Amends §§ 17.48.020, 17.48.030, 17.52.020, 17.52.030, 17.56.020 and 17.56.030, zoning (Title 17) 10-1 Amends § 3.28.100, transient occupancy tax (3.28)

• 10-2 Adds Ch. 5.40, permits for elder and/or dependent adult caregivers (5.40) 10-3 Ballot measure (Failed)

• 10-4 Adds § 17.112.150; amends §§ 17.04.160, 17.52.030 and 17.112.130, fractional ownership hotels (Title 17)

• 10-5 Repeals and replaces Ch. 9.08, social host accountability (9.08) 10-6 Rezone; repeals Ord. 06-4 (Special) 10-7 Amends Title 15, buildings and construction (15.04, 15.08, 15.12, 15.16, 15.20, 15.24, 15.28, 15.32, 15.36, 15.40, 15.44, 15.48, 15.52, 15.53, 15.54, 15.55)

• 10-8 Amends Chs. 17.48 and 17.52, zoning (Title 17) 11-1 Amends §§ 2.08.010 and 2.60.010, mayor (2.08, 2.60)

• 11-2 Adds Ch. 17.190; amends §§ 17.32.050(E), 17.36.050(D), 17.40.050(E) and 17.44.050(E), beekeeping (Title 17)

• 11-3 Amends § 2.04.030, council meetings (2.04)

• 11-4 Amends §§ 13.04.080 and 13.20.020, water and sewer charges (13.04, 13.20) 11-5 Amends §§ 17.48.020 and 17.52.030, zoning (Title 17) 11-6 Amends § 2.12.020, city manager (2.12)

• 11-7 Amends §§ 13.04.010, 13.04.220, 13.04.230, 13.04.240, 13.04.250, 13.04.270, 13.04.280, 13.04.290, 13.04.300 and 13.04.310; repeals §§ 13.04.260 and 13.04.265, water shortage emergencies (13.04)

• 11-8 Amends § 2.04.020, city council meeting place designated (2.04)

• 11-9 Approves Vineland Station development agreement (Special)

• 12-1 Adds § 13.04.055; amends § 13.04.010 and Ch. 13.16, water wells and water system (13.04, 13.16) 12-2 Adds Ch. 17.134; amends §§ 17.04.160, 17.20.020, 17.32.020, 17.36.020, 17.40.020 and 17.44.020, short-term rentals (Title 17)

• 12-3 Amends Ch. 5.20, cable television franchise (5.20)

• 12-4 Amends §§ 9.06.010 and 9.06.060, smoking regulations (9.06)

• 15-2 Adds Ch. 17.200; amends §§ 17.04.160, 17.20.020, 17.20.030, 17.28.020, 17.28.030, 17.32.020, 17.36.020, 17.40.020, 17.40.030, 17.44.020, 17.44.030, 17.48.030, 17.52.020, 17.56.030, 17.60.020 and 17.64.020, reasonable accommodation (Title 17)

• 15-3 Amends Ch. 13.32, stormwater and runoff pollution control (13.32)

• 15-4 Interim ordinance implementing water conservation regulations (Special)

• 15-5 Amends Ch. 13.04, Article 2, water shortage emergencies and drought (13.04)

• 15-6 Adds Ch. 15.26, expedited permit process for small residential rooftop solar systems (15.26)

• 15-7 Amends § 3.32.070, water impact fees (3.32)

• 15-8 Amends Ch. 3.04, purchase of supplies, equipment and services and procedures for public works projects (3.04)

• 16-1 Approves Marin Clean Energy joint powers agreement (Special)

• 16-2 Amends Ch. 2.48, fire department (2.48)

• 16-3 Adds § 17.116.045 and definitions to § 17.04.160(B); amends §§ 17.20.050, 17.24.050, 17.28.020, 17.32.050, 17.36.050, 17.40.050, 17.44.050, 17.48.050, 17.52.050, 17.56.050, 17.60.050 and 17.64.020, cottage food operations (Title 17)

• 16-4 Adds Ch. 17.126; repeals Ch. 9.18, medical marijuana facilities (Title 17) 16-5 Adds § 3.04.175, purchasing procedures during declared disasters (3.04) 16-6 Amends Ch. 2.52, board of library trustees (2.52) 16-7 Amends §§ 16.24.060, 16.24.100(E) and (F) and 17.08.180(B), appeals (16.24, Title 17) 16-8 Adds § 17.40.020(N); amends §§ 17.44.020(C) and 17.44.030, zoning (Title 17) 16-9 Amends Ch. 17.134, short-term rentals (Title 17) 16-10 Adds Ch. 3.25, transactions and use taxes (3.25) 16-11 Amends contract with PERS (Special) 16-12 Amends §§ 13.32.120 and 13.32.140, stormwater and runoff pollution control (13.32) 16-13 Amends Chs. 13.04, 13.12, 13.20 and § 17.112.140, water and wastewater (13.04, 13.12, 13.20, Title 17)

• 16-14 Amends § 8.24.010(C)(2), noise (8.24) 16-15 Amends Title 15, buildings and construction (15.04, 15.08, 15.12, 15.16, 15.18, 15.20, 15.24, 15.28, 15.32, 15.36, 15.40, 15.44, 15.48, 15.52, 15.53, 15.54, 15.55)

• 17-1 Amends Ch. 17.126, marijuana facilities (Title 17) 17-2 Amends § 17.04.160(B), provisions in Chs. 17.20, 17.32, 17.36, 17.40, 17.44, 17.64, 17.152, and § 17.164.050(F); repeals and replaces § 17.116.030, accessory dwelling units (Title 17)

• 17-3 Adds Ch. 10.36, designated truck traffic routes (10.36)

• 18-1 Amends § 2.12.060, city manager powers and duties (2.12) 18-2 Adds Ch. 8.40, fireworks (8.40) 18-3 Amends Ch. 17.148, signs (Title 17) 18-4 Amends Ch. 9.06, smoking regulations (9.06) 18-5 Amends §§ 17.48.090, 17.52.090, 17.112.070(B) and Ch. 17.164, zoning (Title 17) 18-6 Amends Ch. 17.148, signs (Title 17) 18-7 Amends §§ 17.48.020, 17.48.030, 17.52.020 and 17.52.030, permitted and conditional uses (Title 17) 18-8 Amends § 17.136.050, temporary uses (Not codified) 19-1 Adds §§ 13.04.215 and 13.12.120, water customers’ user data and information (13.04, 13.12) 19-2 Amends Ch. 9.08, social host accountability ordinance (9.08) 19-3 Adds [amends] §§ 13.04.215 and 13.12.120, water service and use compliance (13.04, 13.12) 19-4 Adds § 9.12.050, curfew suspension authority (Repealed by 20-1) 19-5 Amends § 17.136.050, temporary uses (Title 17) 19-6 Adds § 17.08.200; amends § 17.08.060, refund of defense costs on appeal (Title 17) 19-7 Amends Ch. 3.04, purchase of supplies, equipment and services and procedures for public works projects (3.04)

• 19-8 Amends Ch. 10.08, speed limits (10.08) 19-9 Amends §§ 13.04.030, 13.04.080, 13.04.100, 13.04.170 and 13.20.020, utility billing cycles (13.04, 13.20)

• 19-10 Amends Chs. 15.04, 15.08, 15.12, 15.16, 15.18, 15.20, 15.24, 15.28, 15.32, 15.36, 15.40, 15.44, 15.48, 15.52, 15.53, 15.54 and 15.55, buildings and construction (15.04, 15.08, 15.12, 15.16, 15.18, 15.20, 15.24, 15.28, 15.32, 15.36, 15.40, 15.44, 15.48, 15.52, 15.53, 15.54, 15.55)

• 19-11 Adds § 3.28.025; amends §§ 3.28.010 and 3.28.020, transient occupancy tax increase for affordable and workforce housing (3.28)

• 20-1 Repeals Ch. 9.12, curfew (Repealer) 20-2 Adds § 10.20.040, special load limits (10.20) 20-3 Urgency ordinance temporarily suspending §§ 3.28.070 and 3.28.080, transient occupancy tax (Special)

• 20-4 Amends §§ 13.04.130, 13.04.140, 13.04.150 and 13.04.160, water system (13.04) 20-5 Urgency ordinance authorizing planning and building director to grant temporary use permits allowing businesses to use outdoor space (Special)

• 20-6 Amends § 17.116.030, accessory dwelling units (Title 17)

• 20-7 Urgency ordinance allowing temporary consumption of beer or wine in closed area on Hunt Avenue (Special)

• 20-8 Amends Chs. 17.48 and 17.52; repeals Title 17 Appendices I and II, zoning (Title 17) 20-9 Approves development agreement with LMR Destinations, LLC (Special)

• 21-1 Urgency ordinance exempting design review for Glass Fire replacement housing (Special) 21-2 Amends §§ 17.48.090(C)(6), 17.52.090(D)(6), 17.112.070(B) and Ch. 17.164, design review (Title 17) 21-3 Adds Ch. 10.40, electric vehicles (10.40)

• 21-4 Amends §§ 13.04.230(A)(3), 13.04.240(A)(1) and (C)(1) and 13.04.250(A)(1) and (C)(1), phased water regulations criteria (13.04)

• 21-5 Adds § 13.04.260, permitting for exportation of groundwater during water emergencies (13.04) 21-6 Adds Art. 3 to Ch. 13.04, water theft regulations, penalties, and enforcement (13.04) 21-7 Urgency ordinance adding Chs. 16.26 and 17.114, urban lot splits, two-unit projects (16.26, Title 17) 22-1 Repeals and replaces Ch. 8.04, solid waste collection (8.04) 22-2 Amends Ch. 2.56, parks and recreation commission (2.56) 22-3 Ballot proposition regarding bond issuance (Special) 22-4 Adds Ch. 2.76, electronic filing of campaign disclosure statements and statements of economic interest (2.76)

• 22-5 Adds Ch. 17.138; amends §§ 17.48.030 and 17.52.030; repeals § 17.112.130, time-share uses (Title 17)

• 22-6 Adds Ch. 9.18, safe firearm storage (9.18) 22-7 Amends Ch. 3.04, purchase of supplies, equipment and services, and procedures for public works projects (3.04)

• 22-8 Approves amendment of development agreement with LMR Destinations, LLC (Special) 22-9 (Skipped) 22-10 Adopts military equipment policy (2.70) 22-11 Amends § 8.24.010(E), leaf blowers (8.24) 22-12 Amends Chs. 15.04, 15.08, 15.12, 15.16, 15.18, 15.20, 15.24, 15.28, 15.32, 15.36, 15.40, 15.44, 15.48, 15.52, 15.53, 15.54 and 15.55, buildings and construction (15.04, 15.08, 15.12, 15.16, 15.18, 15.20, 15.24, 15.28, 15.32, 15.36, 15.40, 15.44, 15.48, 15.52, 15.53, 15.54, 15.55)

• 23-1 Urgency ordinance amending § 17.116.030, accessory dwelling units (Title 17) 23-2 Urgency ordinance enacting moratorium on any permit or other entitlement for the demolition or expansion of existing residential units and accessory structures in A-20 district (Expired)

• 23-3 Adds § 2.08.020; amends § 2.04.050; repeals Ord. 84-19, city council, mayor compensation (2.04, 2.08)

• 23-4 Amends zoning map and Title 17, zoning (17.01, 17.03, 17.04, 17.05, 17.06, 17.07, 17.08, 17.09, 17.10, 17.11, 17.12, 17.13, 17.15, 17.16, 17.17, 17.18, 17.19, 17.20, 17.21, 17.22, 17.24, 17.25, 17.26, 17.27, 17.28, 17.29, 17.30, 17.31, 17.32, 17.33, 17.34)

• 23-5 Adopts development impact fee update study; amends Ch. 3.32; repeals Ord. 13-2, development impact fees (3.32)

• 24-1 Adds § 13.04.075; amends § 13.04.010, water service system (13.04)

• 24-2 Amends §§ 12.08.010, 12.08.020, 12.08.025, 12.08.050, 12.08.060, 12.08.080, 12.08.090, 12.08.100, 12.08.110, 12.08.120, 12.08.140, 12.08.150, 12.08.170 and 12.08.170 [12.08.180], construction, maintenance (12.08)

• 24-3 Adds § 13.20.075; amends §§ 13.20.010 and 13.24.020, private sewer laterals (13.20, 13.24) 24-4 Adds Ch. 18.01, vehicle miles traveled metrics (18.01)

• 24-5 Amends zoning map and general plan (Special)

• 24-6 Amends §§ 12.08.020(A), 12.08.110 and 12.08.150, construction and maintenance (12.08) 24-7 Amends § 15.36.050(A)(3), traffic calming devices (15.36)

• 25-1 Amends § 17.30.030(E), housing in-lieu fees (17.30)

• 25-2 Amends § 17.22.030, accessory dwelling units (17.22) 25-3 Adds Ch. 8.44, fire hazard severity zones (8.44) 25-4 Rezone (Special)

• 25-5 Amends §§ 13.04.130(D) and 13.20.020(C), delinquent water and sewer accounts (13.04, 13.20) 25-6 Amends §§ 17.24.050(B)(1) and 17.32.010, standards for visibility triangles (17.24, 17.32) 25-7 Amends §§ 17.16.030 and 17.34.050(A), calculation of floor area (17.16, 17.34)

• 26-1 Amends §§ 1.12.200, 17.05.100, 17.32.010 and 17.32.020 [17.33.010], short-term rentals (1.12, 17.05, 17.32, 17.33)

• 26-2 Amends §§ 17.16.030 and 17.22.050, alcohol beverage sales (17.16, 17.22)

• 26-3 Amends Title 15, buildings and construction (15.04, 15.08, 15.12, 15.16, 15.18, 15.20, 15.24, 15.28, 15.32, 15.36, 15.40, 15.44, 15.48, 15.52, 15.53, 15.54, 15.55, 15.56)

• 26-4 Amends Ord. 26-3, restoring § 15.36.100(D), fire apparatus access roads (15.36)

• 26-5 Adds Ch. 17.32 [12.30], trails and open space plan (12.30)

• 26-6 Adds § 3.04.050.1; amends §§ 3.04.100, 3.04.120, 3.04.130, 3.04.140, 3.04.150, 3.04.170, 3.04.175 and 3.04.340, purchase of supplies, equipment and services, and procedures for public works projects (Pending 9/5/2026 effective date)

The St. Helena Municipal Code is current through Ordinance 26-5, passed June 23, 2026.

Disclaimer: The city clerk’s office has the official version of the St. Helena Municipal Code. Users should contact the city clerk’s office for ordinances passed subsequent to the ordinance cited above.

City Website: www.cityofsthelena.gov

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