The Rocklin City Council approved the conclusion of the COVID-19 business support program on August 14, 2021. The Program was originally implemented, in large part, to assist businesses struggling with the impacts of COVID-19 and the operational restrictions placed on the local economy. With the end of California’s Blueprint for a Safer Economy in June 2021, and nearly all business sectors now able to operate without restrictions, it was determined the City’s program, in its current form, was no longer necessary. The decision called for enforcement of the City’s sign ordinance to resume on November 1, 2021, and also immediately ended other aspects of the City’s program, including fee waivers for late payment of business licenses and the deadline extension for massage permit fees.
On August 14, 2021 it was also resolved to discontinue the temporary expanded outdoor dining program, in its current form, on November 1, 2021. The temporary nature of the outdoor dining operations present challenges. For example, many of the tents are designed for short-term special events, and are not meant to be permanent in nature. Additionally, the space heaters that many restaurants use during the winter months may cause unsafe conditions. Restaurants still operating under the temporary program were notified of the end date, allowing them time to transition and remove outdoor structures prior to weather significantly changing, which is when it is more likely that space heaters would be deployed.
To continue to support local restaurants affected by the ongoing COVID-19 pandemic, as well as ensure important building and safety codes are being met, the City Council directed staff to develop a solution to allow streamlined approvals of outdoor dining expansions.
Proposed Program
Current development standards call for all non-residential projects seeking site improvements, such as the construction of an outdoor dining area, to undergo design review. The process includes public hearings before the Planning Commission and, if applicable, the Architectural Review Committee, before approval can be granted.
Alternatively, staff recommends creating a temporary program that allows existing Rocklin restaurants to create permanent outdoor dining operations through an alternative design review entitlement process that utilizes staff-level approvals. The program would expedite the review and approval process to mitigate some of the business impacts from the pandemic, saving applicants time and money.
The program would also offer restaurants access to American Rescue Plan Act (ARPA) funds to assist in the creation of permitted outdoor operations. Applications as part of this program would be open for a limited period (90 days once the program is effective).
Staff proposes a program that would be accessible to all Rocklin restaurants open on or before March 1, 2020, that would call for the Community Development Director to determine if proposed outdoor expansions comply with the City’s Design Review criteria. In order to be approved, the outdoor operations could not negatively impact a commercial center’s parking supply or circulation. Considerations would include adequate and safe ingress and egress, and potential impacts to adjacent and/or surrounding businesses and neighborhoods. Fire department plan review and inspections would be part of the building permit process, as would the potential issuance of any required fire permits. If outdoor operations are going to impact parking in a commercial center owned by multiple owners, proof of notification of adjacent property owners by the project applicant will be required.
If a determination is made that a proposed expansion does not comply with the City’s Design Review criteria and the applicant is not willing to make modifications, the applicant may appeal the staff determination to the Planning Commission. If an applicant for expanded outdoor dining was not the property owner, property owner approval would be required.
Staff recommends the City set-aside $500,000 in ARPA funding to support the program, with a maximum of $25,000 in assistance provided to any one business. Funding will be administered to qualified participants on a first-come, first-served basis. Expenses eligible for reimbursement may include plan preparation by design professionals, building and fire permit and inspection fees, application processing fees, and construction costs. A reimbursement schedule would be set, with application-related costs to be reimbursed after entitlement; construction plan costs to be reimbursed after building permits are issued; and construction costs to be reimbursed after final inspection. Applicable City fees would be deferred for applicants and the City would allocate ARPA funds to reimburse itself to cover the costs of those fees. Applicants would have up to 18 months to receive approval and construct permanent improvements, unless found to be working in good-faith with the City by the Community Development Director, in which instance additional time may be granted.
Any outdoor alcohol consumption shall comply with the rules and regulations of the Department of Alcoholic Beverage Control. Outdoor operations expansion must also meet Americans With Disabilities Act accessibility requirements.
Challenges
Although the temporary program would offer a streamlined alternative to the City’s design review process, there are challenges that may be faced by applicants in the final development and practical application of the proposed program, including:
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Increasing the approved occupancy levels of existing restaurants beyond what is currently permitted could affect restroom requirements, per City building code, making expansion through the program cost prohibitive. Expansion of approved occupancy may also trigger additional South Placer Municipal Utility District (SPMUD) and/or Placer County Water Agency (PCWA) requirements.
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Existing landscaping, which has been previously approved as part of a planning entitlement process, may be proposed for removal by applicants searching for additional space to expand their operations outdoors. Proposed modifications to landscaping would have to be reviewed on a case-by-case basis with the general rule that removing all landscaping would be unacceptable.
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Impacts to parking must also be carefully considered in each case and could be an issue of contention between adjacent businesses and property owners, as well as other City regulations.
If the program is approved as recommended, staff recommends designating $500,000 in ARPA funding to support the program, with a maximum of $25,000 in assistance provided to any one business. Funding will be administered to qualified participants on a first-come, first-served basis.
Expenses eligible for reimbursement may include plan preparation by design professionals, building and fire permit and inspection fees, application processing fees, and construction costs.
City entitlement fees would be deferred for businesses and the City would reimburse itself through ARPA funds.