Member Article

On March 31, seven Bay Area counties issued stricter shelter-in-place orders and extended their effectiveness to at least May 3 (collectively, the “Orders”). As of the morning of April 2, Napa County noted that it will be joining the other Bay Area counties. Solano County extended the effectiveness of its order, but declined to tighten restrictions.

The Orders further restrict permissible personal activity and identify the types of activities that qualify as essential work and services. While the Statewide order and most Bay Area counties previously exempted construction work, almost all construction activity must now halt. The Counties of Alameda, Contra Costa, Marin, San Mateo, Santa Clara, Sonoma, and the City and County of San Francisco, have ordered all construction activity to stop, except:

• Projects immediately necessary for the maintenance, operation, or repair, of Essential Infrastructure (e.g. airports, utilities, roads and highways, public transit, waste facilities, telecommunications, etc.);
• Projects associated with Healthcare Operations as long as construction is “directly related to the COVID-19 response;”
• Affordable housing that is or will be income-restricted, including developments containing at least 10% income-restricted units;
• Public works projects specifically designated as an Essential Governmental Function by the lead governmental agency;
• Shelters and temporary housing, but not hotels or motels;
• Projects immediately necessary to provide critical non-commercial services to the homeless, elderly, economically disadvantaged, and persons with special needs;
• Construction necessary to safely and securely close down construction sites subject to these Orders;
• Construction or repair necessary to ensure residences and buildings containing Essential Businesses are safe, sanitary, or habitable, to the extent that construction or repair cannot reasonably be delayed.
  
  

The County of Sonoma adopted identical restrictions on construction activity, but additionally exempts construction or debris removal activities related to wildfire recovery. Except in very limited cases of essential infrastructure and construction work, these Orders essentially halt all residential and commercial construction in the Bay Area until May 3, at the earliest.

The Essential Businesses definition has been updated to exclude businesses that supply products for those working remotely. However, providers that enable residential transactions remain essential, including real estate agents, escrow agents, notaries, and title companies. Reviewing a new listing must occur virtually, or to the extent infeasible, by appointment with no more than two visitors at a time. Under the Orders, all Essential Businesses must prepare, post, and implement a “Social Distancing Protocol’ for each of their facilities.

Due to the Orders, most agencies have closed their offices and are operating with limited staffing, or are conducting business remotely. The following counties are operating as follows:

Buchalter understands that this is uncharted territory and we remain committed to providing our clients with the most up-to-date information and advice regarding how COVID-19 will affect their businesses. If we can be of assistance and to discuss various options and specific situations, please feel free to contact any of the Buchalter Real Estate attorneys below.

Alicia Guerra

Braeden Mansouri

This communication is not intended to create or constitute, nor does it create or constitute, an attorney-client or any other legal relationship. No statement in this communication constitutes legal advice nor should any communication herein be construed, relied upon, or interpreted as legal advice. This communication is for general information purposes only regarding recent legal developments of interest, and is not a substitute for legal counsel on any subject matter. No reader should act or refrain from acting on the basis of any information included herein without seeking appropriate legal advice on the particular facts and circumstances affecting that reader. For more information, visit www.buchalter.com.