Insights
Publications

San Francisco Bay Area Counties Issue Stricter Limits on Commercial Activities in Updated COVID-19 Shelter-In-Place Orders

April 1, 2020 Articles

To combat the growing number of coronavirus cases in the Bay Area, six local counties (Alameda, Contra Costa, Marin, San Francisco, San Mateo, and Santa Clara) have issued updated Shelter-In-Place orders that extend the ongoing restrictions to May 3rd. Superseding the previously issued orders for those counties, the new orders contain stricter limits on recreational and commercial activities.

For certain businesses, the new orders will have a significant impact. For instance, the orders clarify that construction is now permitted only with regard to the following types of projects:

  • healthcare facility construction directly related to the COVID19 response
  • affordable housing (developments containing at least 10% income-restricted units)
  • public works projects when designated as essential by the lead governmental agency
  • shelters and temporary housing
  • projects necessary to provide critical services to certain vulnerable individuals
  • construction necessary to secure an existing construction site
  • limited essential residential or business repairs

The new county orders also provide clarification on the permitted activities of certain additional businesses, including those involved in auto supply and repair, residential transactions (including rentals, leases, and home sales), moving services, childcare, landscaping or gardening, and supplying products needed for people to work from home. Workers or owners of these types of businesses are advised to review the applicable county orders for more detail.

Furthermore, under the new orders, “Essential Businesses”—certain enumerated businesses which are allowed to remain in operation—are subject to additional requirements. Essential Businesses are required to follow industry-specific guidance issued by County Health Officers related to COVID-19 and must complete, post, and implement a “Social Distancing Protocol” for each facility that remains open. The new orders also direct Essential Businesses to maximize the number of employees who work from home. Furthermore, businesses that include an Essential Business component alongside non-essential components are directed to scale down their operations to only the Essential Business component, to the extent feasible.

The updated orders also discuss the statewide order issued by Governor Newsom following the original county orders, explaining that the statewide order sets “baseline statewide restrictions” that the county orders have exceeded in some respects. (For a more detailed discussion of the distinctions between the prior county and statewide orders, you can read our previous post here.)

Given the possibility that subsequent orders will further extend and alter the ongoing Shelter-In-Place orders, all businesses and individuals should continue paying close attention to announcements from state and local officials. 

Firm Highlights

Publication

Perfluorinated Compounds: No Longer an Emerging Contaminant

Lawsuits present major liability risks to PFAS manufacturers and industries that historically used PFAS in their operations. Per- and polyfluoroalkyl chemicals (PFAS) are synthetic, human-made compounds that were manufactured in the United States beginning...

Read More
News

Kelly Matayoshi Named President of the Barristers Club of the Bar Association of San Francisco

Read More
Publication

Supreme Court Ruling Expands Reach of Clean Water Act NPDES Permitting

Read the article on California Ag Net , here . In April, the United States Supreme Court issued a landmark ruling clarifying the reach of the federal Clean Water Act. The Court decided that a...

Read More
Publication

Fed Announces New Main Street Lending Program

Loans Will Provide Additional Support for Small and Mid-sized Businesses On April 9, 2020, the Federal Reserve released the terms of its Main Street Lending Program , a $600 billion loan fund for U.S...

Read More
Publication

Is Your Business an “Essential Business”? Navigating California State and County COVID-19 Shelter-In-Place Orders

In light of the recent “Shelter-In-Place” orders issued by all nine Bay Area counties (Alameda, Contra Costa, Marin, San Francisco, San Mateo, Santa Clara, Sonoma, Solano, and Napa) and the subsequent “Stay-At-Home” order issued...

Read More
Publication

Testing California’s Price Gouging Statute

Pandemic-related price spikes in consumer goods have attracted the attention of both government enforcers and private plaintiffs. In California, Attorney General Xavier Becerra has issued two admonitions against price gouging – one focused on online...

Read More
News

Coronavirus Slowing PFAS Testing, Cleanup Efforts Across U.S.

Farella environmental law partner Sarah Bell spoke to Bloomberg Law about PFAS pollution testing delays caused by the coronavirus pandemic. In the article, Sarah commented that multiple months of delays are likely to affect...

Read More
Publication

Business Interruption Coverage for the Coronavirus (COVID-19)

The coronavirus (COVID-19) has already caused severe disruption to the economy. In the U.S., governmental entities as well as the private sector are implementing more and more drastic measures to respond to the coronavirus...

Read More
Publication

CARES Act Paycheck Protection Program Summary (Updated)

The Coronavirus Aid, Relief, and Economic Security Act (CARES Act) Paycheck Protection Program (PPP) aims to provide qualifying small businesses, nonprofit organizations, veterans organizations, tribal businesses, sole proprietors, and independent contractors forgivable loans of...

Read More
News

Farella Advises on Sale of Diamond Creek Winery to Maison Louis Roederer

SAN FRANCISCO/ST. HELENA, March 16, 2020: Farella Braun + Martel represented the family of the late Boots Brounstein on the sale of their Diamond Creek Winery in Calistoga, Calf. to French Champagne producer Maison...

Read More