Saint Helena panel removes 1,000-foot alcohol buffer, corrects ADU size note

The Saint Helena Planning Commission voted unanimously on Nov. 4 to adopt ordinance ZOA 25-005, deleting a 1,000-foot automatic prohibition on alcoholic beverage sales near schools and updating a residential development table footnote to reflect an 800-square-foot accessory dwelling unit (ADU) allowance.

Planning staff presented the amendment as a correction to inconsistencies in the city’s zoning code. The staff report said the 1,000-foot buffer, carried into the 2023 zoning update by a consultant, effectively prohibited new alcohol sales in most of the downtown core, including existing tasting rooms and the A&W property now offered for sale. Staff recommended removing the fixed setback and instead adding a finding that the deciding body must consider the distance of a proposed alcoholic beverage establishment from public or private schools, nursery school, preschool, or daycare facilities.

The amendment preserves existing procedural controls, staff said: new alcohol-related uses in commercial and mixed-use districts will still require conditional use permits (CUPs) or minor use permits (MUPs), which include their own findings and public-notice processes. Staff also noted the California Department of Alcoholic Beverage Control (ABC) separately requires mailing notice to property owners within 600 feet of many license applications. Planning staff proposed one wording change to the findings — replacing the word "liquor" with "alcoholic beverages" — to ensure the finding covers beer and wine as well as distilled spirits.

On ADUs, the ordinance updates footnote 5a in chapter 17.16 to change an outdated reference from a 400-square-foot allowance to an 800-square-foot allowance for additional gross floor area to accommodate an ADU. Staff said the change is clerical and intended to align the residential standards table with state law (Gov. Code §66321) and the city’s ADU ordinance; it does not reopen the ADU ordinance or change the city’s local ADU maximum, which the staff said is currently 1,000 square feet.

Commissioners asked about two policy issues: whether the new findings would be redundant given CUP/MUP review and how the commission should evaluate a subjective standard that relies on "consideration of distance" rather than a fixed numeric setback. Staff pointed to police and other reviewing agencies’ comments, the public-notice process (mailing to owners within 300 feet for city hearings) and the CUP/MUP findings as sources of objective information; staff also noted the city’s ordinance allows annual review and potential revocation of permits if public-safety problems arise.

Two commenters spoke in support of removing the buffer. Jeff Feeney, a city resident, said the town should "be open for business" and avoid a numeric rule that would "artificially take away opportunities for businesses to come to town." Andre Esguerra, representing the Redmond family and the listing for the A&W site, said, "I'm fully in support of this amendment." Staff confirmed an emailed comment from Joshua Park had been posted to the agenda.

Chair Chris Warner moved to adopt ZOA 25-005 as presented with two edits: change "liquor" to "alcoholic beverages" in the findings and expand the finding's school language to explicitly include "nursery school, preschool, or daycare facilities." Commissioner Anderson seconded. The roll-call vote was 4–0 (Chair Warner, Commissioner Anderson, Vice Chair Ferdieck and Commissioner Covell voting yes; Commissioner Lopez absent), and the commission adopted the ordinance as amended.

The commission and staff agreed to address broader procedural and zoning-code quality-control issues at a Dec. 16 study session. Staff also announced a tentative map public hearing for the Spring Grove townhome project on Dec. 2.