Relaxed rules to support retail and restaurants in Placer County
The Placer County Board of Supervisors voted this week to temporarily relax ordinances to support outdoor retail sales and outdoor dining areas in response to the COVID-19 crisis.
The board also voted to ease sign requirements and parking restrictions for restaurants with outdoor dining areas.
“Our team is finding creative solutions to help our business communities in the unincorporated areas of Placer County,” said Community Development Resource Agency Director Steve Pedretti. “We hope these options give establishments the flexibility to be more successful while physical distancing restrictions remain in place.”
Urgency ordinance provisions include:
- Outdoor retail sales – Outdoor sales would be permitted to occupy an area up to 100% of the entire indoor floor area devoted to retail sales. Up to 20% of the required parking spaces could be used as permissible outdoor sales and display areas.
- Restaurants (outdoor dining areas) - Existing restaurants may temporarily establish outdoor eating areas and increase flexibility to expand outdoor dining areas to cordoned off parking areas. Mobile food vendors would be permitted to locate fixed-site operations at a specific site through county approval.
- Restaurant parking for outdoor dining areas - Required parking for outdoor dining areas would be reduced by one parking space per 100 square feet of indoor eating area not in use as a consequence of physical distancing requirements.
- Signs (temporary sales and events) - The urgency ordinance temporarily suspends the 45-day maximum for the placement of banners, signs or decorative materials to advertise outdoor retail sales uses, grand openings and similar short-term sales events until July 10.
- Signs (prohibited signs and sign materials) - Until July, businesses may display A-frame signs, inflated and lighter- than-air signs such as blimps and balloons, air-induced signs that “wave,” and portable signs not permanently affixed to the ground or a building support structure for up to 45 days.
Additional information about the urgency ordinance is available on the Community Development Resource Agency website at https://www.placer.ca.gov/6613/Retail-Recovery.
Pursuant to the Constitution of the State of California, Article XX, Section 22, and in furtherance of Governor Newsom’s emergency declarations and orders regarding the spread of the COVID-19 virus, the Department of Alcoholic Beverage Control previously provided temporary relief measures which remain in place, and the Department now adds a new measure to this list.
The Department of Alcoholic Beverage Control previously suspended enforcement of the following legal prohibitions on a temporary basis:
- Returns of Alcoholic Beverages
- Retail-to-Retail Transactions
- Extension of Credit
- On-Sale Retailers Exercising Off-Sale Privileges
- Sales of Alcoholic Beverages To-Go
- Drive-Thru Windows for Off-Sale Transactions
- Hours of Operations for Retail Sales
- Deliveries to Consumers
- Free Delivery
- Delivery Hours Extended to Midnight
- Charitable Promotions and Sales
- Distilled Spirits Manufacturers Providing High-Proof Spirits for Disinfection Purposes
- Virtual Wine Tastings
- Expansion of Licensed Footprint
- Extension of Regulatory Relief for Club Licenses: Type 50, 51 and 52
Those temporary relief measures remain in place, and the Department now issues the following relief to enable licensees with on-sale privileges to reopen their businesses for on-site consumption that is consistent with the Governor’s declarations and orders as well as other State and local health and safety guidelines:
As with the prior measures in the First Notice, Second Notice, Third Notice, and Fourth Notice, this Notice of Regulatory Relief is designed to support the alcoholic beverage industry in its efforts to assist California in slowing the spread of the virus while assisting the industry in dealing with the economic challenges it is facing as a result. The Department has carefully considered the public’s health, safety, and welfare in providing this relief, and the Department has concluded that the decision to defer enforcement of these measures, exercised on a temporary basis, will not jeopardize the public’s health, safety, or welfare. In lieu of individual requests for relief submitted to the Department, the temporary relief from the enforcement of the regulatory requirements set forth in this notice are applicable to all affected Department licensees and will continue until further notice.
Limitations on Relief
The relief provided by this and prior notices is temporary and may be withdrawn by the Department at any time. The Department intends to provide a 10-day notice of the termination of any such relief, although such relief may be withdrawn immediately should the needs of public safety dictate. In addition, licensees are directed to use the relief provided by this notice responsibly without compromising the public’s health, safety, or welfare. Notwithstanding any other provision of law, if the Department determines that any licensee is found to be abusing the relief provided by this notice, or if the licensee’s actions jeopardize public health, safety, or welfare, the Department may summarily rescind the relief as to that licensee at any time. Until the Department rescinds any of these temporary relief measures, whether as to all licensees or a particular licensee, any licensee adhering to the terms of this notice, and other applicable laws, may rely on this notice to utilize the privileges described without risk of enforcement by the Department against its license for actions taken up until the time of the rescission.
In addition, this notice does not exempt licensees from local ordinances, zoning restrictions, conditional use permits, and the like, over which the Department has no jurisdiction or control. That said, the Department will not consider any violation of such local controls to constitute a violation of the license issued by the Department.
Tahoe Regional Planning Agency Guidance
Memo Regarding Temporarily Expanding Restaurant Outdoor Seating in Response to COVID-19 Social Distancing Requirements
In response to Social Distancing Requirements put in place by the States of Nevada and California to stop the spread of COVID-19, Tahoe Regional Planning Agency (TRPA) staff has prepared this memo to provide guidance when working with restaurant owners/managers seeking to add additional outdoor seating to meet social distancing requirements.
In the Tahoe Region, restaurants may temporarily add additional tables outdoors to meet social distancing requirements and protect public health and safety.
- Outdoor tables shall first be located on existing hard coverage (patios, decks, parking lots, walkways, etc.) and then if additional area is required placed on lawns.
- Restaurant owners/managers shall ensure that parking is not negatively impacted if tables are placed in parking lots and shall make sure adequate access remains for ingress/egress and adequate pedestrian and bike/vehicle circulation is maintained.
- The total number of tables temporarily relocated outside cannot exceed the number of previously permitted tables (the number of tables reasonably accommodated within existing indoor and outdoor dining areas with Commercial Floor Area).
- Thus, if 10 tables are removed from a dining area to meet social distancing requirements, a maximum of 10 tables may be temporarily relocated outside.
- Temporary signage that addresses social distancing requirements may also be located at a restaurant. Temporary signage shall be an appropriate size and scale to the restaurant use.
- Once social distancing requirements are lifted by the States of California and Nevada, or within two years of the date of this memo (May 27, 2022), whichever occurs first, restaurants in the Tahoe Region must come back into conformance with TRPA regulations.
- The Agency shares the community’s concerns for the health and safety of the public and staff during this health crisis and appreciates the opportunity to work through the issues.
If you have questions regarding this memo, please contact Brandy McMahon, AICP, Local Government Coordinator, at (775) 589-6274 or email@example.com.