San Andreas, CA…This morning during a special meeting the Calaveras County Board of Supervisors voted 5-0 to pass an emergency ordinance that streamlines process for allowing restaurants and other businesses to serve customers outside. This will help businesses provide social distancing during COVID-19 and still allow them enough seating capacity to remain profitable. It will allow businesses to use parking lots, parking spaces and other outdoor areas for temporary seating. There will be guidelines and free permit procedures to lower the regulatory burden while still ensuring public safety for fire codes, ADA compliance and more.

The final language of the ordinance is still being cleaned up after input at today’s meeting but the language of the proposed ordinance should give you an idea of that is already in effect as of the vote before noon today.

CALAVERAS COUNTY BOARD OF SUPERVISORS AGENDA SUBMITTAL

RECOMMENDATION:
Adopt a Resolution Temporarily Expanding Outdoor Dining and Other Outdoor Business Activities During the State and Local COVID-19 Emergency.

DISCUSSION/SUMMARY:
On May 13, 2020, the State of California approved Calaveras County’s readiness to move more quickly through Stage 2 of California’s Pandemic Resilience Road Map. Businesses allowed to operate under the provisions of accelerated Stage 2 are to comply with all physical distancing requirements as set forth in the State’s Health Orders and any applicable statewide industry guidance to reduce risk as set forth by the State.
On July 13, 2020, the Governor of California, in response to a statewide uptick in the rate of new COVID-19 cases and evidence that COVID-19 spreads more easily indoors, restricted restaurants and similar food service establishments, wineries and tasting rooms, movie theaters, and family entertainment businesses in every County statewide to outdoor operations only.

In accordance with Govt. Code § 8634 and Health & Safety Code § 101025, the Board of Supervisors may take measures necessary to provide for the protection of life, public health, and property.

Consistent with Board direction given on July 14, 2020, the measures set forth in this Resolution provide flexibility for temporary outdoor areas in which restaurants and other businesses may maintain operations as were permitted prior to the COVID-19 emergency while complying with State Health Orders while they remain in place. The purpose of the Resolution is to assist businesses by increasing the total area available for legal business activities in order to accommodate physical distancing requirements and outdoor-only mandates, but not to allow any total intensity increase or changes in use to what was previously permitted prior to the COVID-19 emergency.

Restaurants, wineries, and other establishments utilizing temporary outdoor areas will need to comply with all non-conflicting conditions of any existing approved land use permits and conditions of approval, all local ordinances, regulations, and rules, other than those that would
otherwise prohibit the business from conducting outdoor activities as authorized by this resolution, all applicable state laws and regulations including, but not limited to, to the American Disabilities Act, the California Disabled Persons Act, California Fire Code, the Alcoholic Beverage Control Act, the California Retail Food Code, and all other applicable state laws, conditions, and ordinances governing the business and site, including State public health social distancing and related mandates.
Additionally, such establishments must submit an application, including a site plan for the new outdoor area and an indemnification agreement, to the Calaveras County Planning Department, which shall determine whether additional written approval is required by the Calaveras County Public Works Department or the Calaveras County Building Department. No business activities encroaching on the public right-of-way shall take place without the prior written approval of the Calaveras County Public Works Department, and no business shall erect a tent or shade structure (other than an umbrella table) without the prior written approval of the Calaveras County Building Department, as required by state law.
The processing and issuance of the necessary approvals shall be offered to business owners free of charge. This Resolution is intended to benefit the public by assisting County businesses in their ongoing operational and economic recovery efforts while providing for a safer environment for all County residents in accordance with State and County public health guidance for physical distancing and State orders regarding outdoor operations.
The provisions of this resolution are categorically exempt from the California Environmental Quality Act (CEQA) pursuant to 14 C.C.R 15304(e). This temporary resolution authorizing dining establishments and other businesses to temporarily utilize outdoor areas during the COVID-19 emergency to reduce the risk of disease transmission prohibits further development or site preparation, requiring the businesses to utilize outdoor areas as-is. The resolution requires the use of disturbed areas such as hardscapes, parking lots, and lawns; prohibits vegetation removal; and prohibits the use of environmentally sensitive lands.
FINANCING:
Additional staff time will be required to review and process the necessary approvals and to address any compliance issues which may arise. Should an appropriate funding source become available, such costs may be reimbursed at a future date.
ALTERNATIVES:
The Board could decline to adopt this Resolution.
APPROVED BY:

BOARD OF SUPERVISORS, COUNTY OF CALAVERAS
STATE OF CALIFORNIA
July 21, 2020
Resolution
No. (ID # 5452)
RESOLUTION ESTABLISHING TEMPORARY MEASURES TO AUTHORIZE AND MAINTAIN SAFE OUTDOOR DINING AND OTHER OUTDOOR BUSINESS PRACTICES DURING THE STATE AND LOCAL COVID-19 EMERGENCY
WHEREAS, on March 4, 2020, pursuant to Government Code § 8625, the Governor of California proclaimed a State of Emergency to exist in California due to the threat of the novel coronavirus known as COVID-19; and
WHEREAS, on March 17, 2020, pursuant to Government Code § 8630 and County Code section 2.72.040, the Calaveras County Board of Supervisors adopted Resolution No. 20200317r024 ratifying the County Director of Emergency Service’s proclamation of a local emergency due to COVID-19; and
WHEREAS this ratification was reaffirmed on May 26, 2020 and the local emergency proclamation remains in effect; and
WHEREAS, on March 10, 2020, pursuant to Health and Safety Code § 101080, the Calaveras County Health Officer declared a local health emergency based on an imminent and proximate threat to public health due to the introduction of COVID-19 into Calaveras County; and
WHEREAS, on March 17, 2020, the Calaveras County Board of Supervisors adopted Resolution No. 20200317r023 proclaiming that the local health emergency shall continue to exist until terminated by the Board of Supervisors; and
WHEREAS, on March 19, 2020, in accordance with Executive Order N-33-20, the Governor of California and State Public Health Officer directed all individuals living in the State of California to stay home or at their place of residence except as needed to maintain continuity of operations of the federal critical infrastructure sectors along with other specified essential services; and
WHEREAS, on May 4, 2020, the Governor of California issued Executive Order N-60-20 directing the State Public Health Officer to establish criteria and procedures to determine whether and how particular local jurisdictions may implement public health measures that depart from statewide directives; and
WHEREAS, on May 7, 2020, the State Public Health Officer set forth criteria that would allow local jurisdictions to move through Stage 2 of California’s Pandemic Resilience Road Map more quickly than the State as a whole and reopen additional lower-risk businesses; and
WHEREAS, as a result of the hard work and sacrifices by the residents of Calaveras County, the County was in a position to, on May 12, 2020, submit a letter and attestation to the Governor of California notifying him that Calaveras County has the ability to meet, exceed or plan to achieve the criteria needed to accelerate through Stage 2 of the economic expansion plan and is ready to cautiously and safely reopen more businesses; and
WHEREAS, on May 13 2020, the State of California approved the County of Calaveras’s readiness to move to the accelerated Stage 2 of California’s Pandemic Resilience Road Map by accepting and posting the County’s local attestation; and
WHEREAS, on June 18, 2020, the Governor of California mandated the use of face coverings by most California residents in most circumstances when in the presence of individuals not from within their household, including when outdoors in public spaces and six or less feet apart; and
WHEREAS, on July 13, 2020, the Governor of California, in response to a statewide uptick in the rate of new COVID-19 cases and evidence that COVID-19 spreads more easily indoors, restricted restaurants and similar food service establishments, wineries and tasting rooms, movie theaters, and family entertainment businesses to outdoor operations only; and
WHEREAS, businesses allowed to reopen and/or operate under the provisions of accelerated Stage 2 are required to comply with all physical distancing requirements as set forth in the State of California’s Health Order and any applicable Statewide industry guidance to reduce risk as set forth by the State; and
WHEREAS, those businesses authorized to remain open, but which are impacted by the physical distancing and/or outdoor-only dining requirements and any applicable Statewide industry guidance imposed in response to the COVID-10 emergency, are in immediate need of alternative temporary facilities in which to safely accommodate their dining, visitation, retail sales, and other legally established activities in order to maintain those business activities which were permitted in Calaveras County prior to the COVID-19 emergency, to avoid greater economic loss, to allow employees to return to work, and to incentivize compliance with state and local health and safety standards; and
WHEREAS, to provide relief to businesses experiencing economic impacts caused by the physical distancing required to protect the public health and safety during the COVID-19 pandemic, and to help ensure that the relief provided itself meets basic health and safety requirements, the Board of Supervisors desires to provide a means for businesses that do not already have an outdoor component to their operations to quickly implement one in order to help them maintain their operations to the extent permitted prior to the COVID-19 emergency: and
WHEREAS, the purpose of allowing temporary outdoor business operations is to increase the total area available for legal pre-existing businesses to operate within as a means of accommodating the physical distancing requirements mandated by the COVID-19 emergency and to help reduce the risk of COVID-19 transmission when businesses are constrained to indoor-only activities; and it is not the purpose of this resolution to authorize new uses, development, capacity, or businesses that were not already lawfully permitted and undertaken prior to the COVID-19 emergency, nor to create a legal right to continue operating out-of-doors in the manner prescribed herein after the COVID-19 emergency has passed; and
WHEREAS, the Board of Supervisors believes the temporary provisions contained herein are necessary to the health, safety, and welfare of the residents of Calaveras County;
NOW, THEREFORE, BE IT RESOLVED, FOUND, AND ORDERED by the Board of Supervisors of the County of Calaveras:
1. Pursuant to Government Code § 8634, during a local emergency the Board of Supervisors may promulgate orders and regulations necessary to provide for the protection and life and property.
2. Pursuant to Health and Safety Code § 101025, the Board of Supervisors shall take measures as may be necessary to preserve and protect the public health in the unincorporated areas of the County, including the adoption of ordinances, regulations, and orders not in conflict with general laws.
3. As provided in this resolution, businesses that comply with and are allowed to continue operating under the State laws and mandates related to COVID-19 and that comply with all related State-issued industry guidance may apply free-of-charge to conduct their business activities within ready-to-use, lawfully possessed outdoor areas as needed to accommodate the physical distancing and other disease prevention requirements resulting from the COVID-19 emergency.
4. Businesses wishing to establish a temporary outdoor area within which to conduct business activities during the COVID-19 emergency shall submit an application, including a site plan for the new outdoor area and an indemnification agreement, to the Calaveras County Planning Department, which shall determine whether additional written approval is required (as described below) by the Calaveras County Public Works Department or the Calaveras County Building Department. The Calaveras County Planning Department shall make its application requirements and forms available on its departmental website and shall include links to other departmental forms that may be required as described below.
5. Businesses shall not expand or intensify their land uses, activities, or hours beyond what was authorized prior to the COVID-19 emergency.
6. Temporary outdoor areas shall be used as-is, without being further developed, prepared or altered, and no vegetation shall be removed.
7. Businesses currently operating under an approved land use permit such as (but not limited to) an administrative or conditional use permit must comply with all non-conflicting conditions of their permits and may not change or expand the approved land use(s) or increase or expand the intensity of the approved land use(s).
8. Business activities conducted outdoors pursuant to this resolution shall at all times comply with all applicable state laws and regulations including but not limited to the American Disabilities Act, the California Disabled Persons Act, California Fire Code, the Alcoholic Beverage Control Act, the California Retail Food Code, and all other applicable state laws, conditions, and ordinances governing the business and site, including State public health social distancing and related mandates.
9. Business activities conducted outdoors pursuant to this resolution shall comply with all local ordinances, regulations, rules, and permit conditions other than those that would otherwise prohibit the business from conducting outdoor activities as authorized by this resolution.
10. Temporary outdoor areas shall only be established pursuant to this resolution, on lawfully possessed areas on such surfaces as parking lots, hardscape, decomposed granite, crush pads, lawns, or other similar areas. In no event shall such areas be established within any environmentally sensitive area as established by state or federal law or as established by any environmental document prepared and adopted as a pre-condition to authorizing the business activity on the property.
11. Where existing parking areas are utilized to establish temporary outdoor areas, the affected businesses shall not be permitted or required to offset the loss of parking spaces elsewhere.
12. No disabled or fire access areas shall be blocked.
13. No business activities encroaching on the public right-of-way shall take place without the prior written approval of the Calaveras County Public Works Department, which shall be reviewed expeditiously and free-of-charge.
14. No business shall erect a tent or shade structure (other than an umbrella table) without the prior written approval of the Calaveras County Building Department, which shall be reviewed expeditiously and free-of-charge.
15. While State requirements for outdoor dining and beverage service still apply, a restaurant, winery, or other dining establishment may use the temporary outdoor area for outdoor seating without additional written approval from the Calaveras County Environmental Management Agency.
16. Outdoor food preparation areas and serving stations are prohibited; all food and beverage preparation must take place within the pre-existing business premises.
17. While this resolution remains in effect, the County of Calaveras shall not undertake enforcement action concerning business activities conducted within the temporary outdoor areas so long as they are conducted in compliance with this resolution and all other applicable laws.
18. The authority to use any temporary outdoor area established pursuant to this resolution shall terminate automatically and as a matter of law twenty-four (24) hours after both the local and State emergencies related to COVID-19 have been terminated, or otherwise upon action of the Board of Supervisors.
19. Within thirty (30) days of the termination of both the local and State emergencies related to COVID-19, all temporary outdoor areas established pursuant to this resolution shall be fully restored to their prior condition. If the applicant fails to comply with said instructions, the County may cause the removal, relocation, or restoration of the outdoor area at the expense of the applicant.
20. No business establishing a temporary outdoor area pursuant to this resolution shall obtain a right to rely on this resolution remaining constant as originally adopted for the duration of the local and/or State COVID-19 emergencies, and the Board of Supervisors shall retain the right to amend or terminate the provisions of this Resolution at any time; and no business establishing a temporary outdoor area pursuant to this resolution shall obtain a right, vested or otherwise, to continue operating in this area after the state and/or local COVID-19 emergencies have been terminated.
BE IT FURTHER RESOLVED AND FOUND by the Board of Supervisors that the provisions of this resolution are categorically exempt from the California Environmental Quality Act (CEQA) pursuant to 14 C.C.R 15304(e), which exempts minor public or private alterations in the condition of land, water, and/or vegetation which do not involve removal of healthy, mature, scenic trees—including the “(m)inor temporary use of land having negligible or no permanent effects on the environment, including carnivals, sales of Christmas trees, etc.” This temporary resolution authorizing dining establishments and other businesses to temporarily utilize outdoor areas during the COVID-19 emergency to reduce the risk of disease transmission prohibits further development or site preparation, requiring the businesses to utilize outdoor areas as-is. The resolution requires the use of disturbed areas such as hardscapes, parking lots, and lawns; prohibits vegetation removal; and prohibits the use of environmentally sensitive lands.
BE IT FURTHER RESOLVED, FOUND, AND ORDERED by the Board of Supervisors that this resolution shall take effect immediately upon its adoption.
______________________________
Chair
ATTEST
Rebecca Turner, Ex-Officio Clerk
of the Board of Supervisors, County of Calaveras
_______________________________
Deputy Clerk