TO: Board of Supervisors
FROM: David Morrison, Director of Planning, Building, and Environmental Services
REPORT BY: David Morrison, Director of Planning, Building, and Environmental Services
SUBJECT: Amendment to Napa County Policy Manual, Part I: Section 12C, "Maintain Safe and Healthy Business Operations During the COVID-19 Pandemic" to allow businesses to continue use of temporary on-site areas.
RECOMMENDATION
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Director of Planning, Building and Environmental Services requests adoption of a resolution amending Napa County Policy Manual, Part I: Section 12C, "Maintain Safe and Healthy Business Operations During the COVID-19 Pandemic" to allow businesses to use temporary on-site areas so long as the Proclamation of Local Emergency is in effect, or until May 1, 2023, whichever occurs later.
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EXECUTIVE SUMMARY
In March 2020, local state and federal declarations of public health emergency were declared as a result of the COVID-19 pandemic. The County continues to aggressively pursue vaccination, testing, and caring for people who are infected and/or affected by COVID-19. However, additional measures need to be taken by the County to address the economic effects created by the pandemic. The resolution before the Board today will provide certainty for businesses as the state continues to address the pandemic and its variants.
FISCAL & STRATEGIC PLAN IMPACT
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Is there a Fiscal Impact? |
No |
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County Strategic Plan pillar addressed: |
Livable Economy for All |
ENVIRONMENTAL IMPACT
ENVIRONMENTAL DETERMINATION: The proposed action is not a project as defined by 14 California Code of Regulations 15378 (State CEQA Guidelines) and therefore CEQA is not applicable. The proposed action allows for the minor modification of existing private facilities, involving negligible or no expansion of the existing use, as provided for under 14 California Code of Regulations 15301 (State CEQA Guidelines) - Class 1 Categorical Exemption. The proposed action allows for the construction of limited numbers of new, small facilities or structures, as provided for under 14 California Code of Regulations 15303 (State CEQA Guidelines) - Class 3 Categorical Exemption. The proposed action allows for the minor alteration of private land, water, and vegetation, as provided for under 14 California Code of Regulations 15304 (State CEQA Guidelines) - Class 4 Categorical Exemption. The proposed action involves the issuance of permits for ministerial projects as provided for under 14 California Code of Regulations 15268 (State CEQA Guidelines) - Statutory Exemptions. The proposed action involves emergency projects as provided for under 14 California Code of Regulations 15269 (State CEQA Guidelines).
BACKGROUND AND DISCUSSION
On March 4, 2020, Governor Gavin Newsom issued an emergency proclamation for the State of California due to the COVID-19 pandemic.
On March 12, 2020, the County Public Health Officer declared a local health emergency. On March 13, 2020, the County Executive Officer acting as the Director of Emergency Services issued a Proclamation of Local Emergency. On March 17, 2020, the Board of Supervisors adopted a resolution ratifying the actions of the County Executive Officer and the Director of Emergency Services, and declared a local health emergency and a local emergency throughout all jurisdictions within Napa County due to the threat of COVID-19.
During the COVID-19 emergency, business activities have been shifted outdoors to be safely conducted with adequate physical distancing. The goal of this policy is to provide flexibility to business owners who may need to conduct activities outdoors in temporary on-site areas, within the existing developed footprint of the facility, so long as the legally entitled level of activity is not exceeded. This allows owners to maintain their existing business activities while improving the protection of the public health and safety, thereby reducing the potential economic impacts of the pandemic.
A number of jurisdictions throughout the State have extended the ability of businesses to operate in alternative outdoors spaces. On June 3, 2021, Governor Newsom extended outdoor dining “parklets” and alcohol to-go sales until December 31, 2021. Assembly Bill 61 and Senate Bill 314 extended the permits that allow restaurants to operate in parklets for an additional year after the COVID-19 state of emergency order is lifted.
The Cities of Carmel, Santa Barbara, Long Beach, Pleasanton, Oakland, Berkeley, San Jose, and Morgan Hill, and the County of San Francisco have all extended the use of parklets, street closures, and outdoor dining.
This Policy was first adopted by the Board of Supervisors on May 19, 2020. The provisions for temporary uses was extended until June 30, 2022, in an amendment to the Policy adopted by the Board of Supervisors on June 15, 2021. The proposed amendment would bring Napa County into line with other State and local efforts and allow businesses to continue to use temporary on-site areas so long as the Proclamation of Local Emergency is in effect, or until May 1, 2023, whichever occurs later.