Council relaxes rules on outdoor restaurant seating and advertising

SOUTH LAKE TAHOE, Calif. The South Lake Tahoe City Council unanimously passed an urgency ordinance during their special meeting Thursday, one that relaxes the regulations regarding temporary signage, building permit fees, and outdoor restaurant seating rules.

As the City and County move into Governor Newsom's Stage 2 plans, restrictions placed on some places of business to promote social distancing and safety practices will not allow many to reopen in the same manner as pre-pandemic.

Sandwich boards can be placed outside of businesses every day instead of the previous weekend-only rule, window signs can take up more than 25 percent of the space, and seating can be placed outside once inspected, for free, by the City.

The expansion is based on occupancy, and approved occupancy limits will not be changing. The expansion is meant to accommodate the new required social distancing rules on restaurants.

"Safety of patrons is a concern, especially in parking lots," said City of South Lake Tahoe Development Services Director Kevin Fabino. Many eating establishments have been moving tables and chairs into parking spaces and other non-traditional eating spots.

Before a restaurant is allowed to move outside they need to call the City and arrange for an inspection to make sure what is planned is being done so in a safe manner. Staff will come out, review a site plan, and make recommendations, all for no charge, then approve the new layout or ask for changes. Development Services and the Building Department at (530) 542-6010 to make an appointment.

Fabino said it would be helpful if businesses call as soon as possible.

Previously approved outdoor dining areas don’t have to get new approval.

The new urgency ordinance includes:

A temporary waiver of the restrictions on temporary signs including waiving the time restrictions for displaying banners and sandwich board signs under South Lake Tahoe City Code section 6.40.080(O)(i) and allowing window signs exceeding 25 percent of the window area.

Deferral of building permit fees until prior to issuance of a certificate of occupancy, achieved through a temporary waiver of South Lake Tahoe City Code section 6.15.020.

Allows restaurants to temporarily relocate some or all of their existing indoor seating capacity to outdoor seating in adjacent privately-owned areas such as landscaped areas and parking lots, sidewalks, and in adjacent public areas such as sidewalks and on-street parking spaces through a Seating Layout Review and Site Inspection to be conducted by a City Building Inspector and/or Fire Inspector.
.....No fee will be charged.
.....Restaurant is not permitted to exceed its overall occupancy.
.....Applicants proposing to use City-owned property including sidewalks and on-street parking for outdoor dining are required to indemnify and hold the City harmless and meet insurance requirements.
.....Applicants are required to comply with all other applicable regulations and get any approvals from other agencies required, including the Tahoe Regional Planning Agency, South Tahoe Public Utilities District, State Department of Alcoholic Beverage Control, and El Dorado County Environmental Health Department.

The new relaxation of rules will be in place until the termination of the local emergency due to COVID-19.

City staff looked into the closure of roads to accommodate businesses moving out into the street, but that is not recommended by staff at this time. Given the interest in expanding outdoor dining statewide, staff said in their report to Council that it is possible that the Governor will issue an executive order authorizing longer-term road closures for this purpose.

By Paula Peterson