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Health and Human Services Agency (HHSA), Public Health Division (PHD), Tobacco Use Prevention Program (TUPP), Planning and Building Department (Planning), and Environmental Management Department (Environmental Management) recommending the Board:
1) Approve the Final Passage (Second Reading) of Ordinance 5211 adopting a new Chapter 8.68 of Title 8 of the El Dorado County (EDC) Ordinance Code to regulate tobacco retailers for all purposes within the unincorporated areas of the County of El Dorado, including the redline recommendation by the Board to double violation fines in Section 8.68.180(B), establish a Tobacco Retail License (TRL) and repeal Urgency Ordinances 5192 and 5197, to be read in title only, and waive the full reading of the Ordinance (Cont. 10/22/2024, Item 27); and
2) Find that the proposed ordinance is not a “project” within the meaning of Public Resources Code Section 21065 and California Environmental Quality Act (CEQA) Guidelines Sections 15060(c)(2) and 15378 because the regulations of tobacco retailers does not have the potential of resulting in a direct or reasonably foreseeable indirect physical change in the environment; and, even if the adoption of the ordinance was a project, find that the ordinance is categorically exempt from CEQA under CEQA Guidelines Section 15308 because the ordinance adopts a regulatory process for the protection of the environment and there are no unusual circumstances under CEQA Guidelines Section 15300.2, and under the “common sense” exemption in CEQA Guidelines Section 15061(b)(3) because it can be seen with certainty that there is no possibility that adoption of the ordinance would have a significant effect on the environment.
FUNDING: 100% EDC TRL Fees.
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DISCUSSION / BACKGROUND:
On October 22, 2024, with Legistar file 24-1371 Version 1, the Board adopted Resolution 177-2024 finding the well-established negative health impacts of tobacco use; adopted and authorized the Chair to sign Ordinance 5210 adding Chapter 130.40.340 of Title 130 of the El Dorado County Ordinance Code, establishing tobacco retailer land use regulations, and amending Section 130.22.020, “Matrix of Allowed Uses,” in Title 130 of the El Dorado County Ordinance Code by including Tobacco Retail; approved the Introduction (First Reading) of Ordinance 5211 adopting a new Chapter 8.68 of Title 8 of the El Dorado County Ordinance Code to regulate tobacco retailers for all purposes within the unincorporated areas of the County of El Dorado and establish a Tobacco Retail License (TRL). The approved ordinances included a board approved change to double the fine structure as referenced in County Ordinance Code Sections 8.68.180(B) and 130.40.340(E)(1). The revised fines are as follows:
1. First violation: $500.00.
2. Second violation: $1000.00.
3. Third or subsequent violation: $2,000.00.
On October 16, 2024, HHSA TUPP received a Notification of Award from the Department of Justice (DOJ) for the Tobacco Grant Program in the amount of $839,596. This DOJ grant will help support local retailer education, administration, and enforcement of the tobacco retail ordinances. Per the requirements of the DOJ grant and EDC Board Policy A-6, HHSA TUPP will return to Board for acceptance of the award.
HHSA TUPP and Planning are requesting the Board determine that this Ordinance 5211 is exempt under CEQA Guidelines Section 15060(c)(2) and 15378 because the regulations of tobacco retailers does not have the potential of resulting in a direct or reasonably foreseeable indirect physical change in the environment. Even if the adoption of the ordinance was a project, it would be categorically exempt from CEQA under CEQA Guidelines Section 15308 because the ordinance adopts a regulatory process for the protection of the environment and there are no unusual circumstances under CEQA Guidelines Section 15300.2, and under the “common sense” exemption in CEQA Guidelines Section 15061(b)(3) because it can be seen with certainty that there is no possibility that adoption of this ordinance would have a significant effect on the environment.
The EDC TRL Ordinance 5211 shall take effect 30 days after passage while enforcement of this TRL Ordinance will begin on April 1, 2025. Prior to the enforcement date, HHSA staff will visit each retailer to provide education about the new ordinances. Environmental Management staff will inspect each location a minimum of one time annually.
ALTERNATIVES:
Should the Board decline to approve this recommendation, HHSA would continue to focus on these same objectives in the other two municipalities, as well as several other key objectives, including reducing exposure to secondhand smoke and tobacco residue and waste.
PRIOR BOARD ACTION:
1) 12/05/23, 23-1992, HHSA/Planning and Building, Resolution of Intention to Amend
Zoning Code (Title 130)
2) 01/30/24, 24-0022, HHSA/Planning and Building Urgency Ordinance, Tobacco Retailer Businesses
3) 03/12/24, 24-0083, HHSA/P&B - TUPP Urgency Ordinance
4) 10/22/24, 24-1371 (V.1), HHSA/Planning/EMD - Tobacco Zoning & Tobacco Retail License Ordinances
OTHER DEPARTMENT / AGENCY INVOLVEMENT:
County Counsel, El Dorado County Sheriff’s Office
CAO RECOMMENDATION:
Approve pursuant to Board direction.
FINANCIAL IMPACT:
There is no change to Net County Cost associated with this item. The ordinance includes fees that are to be paid by the tobacco retailers. Funding for staff time related to the development of the Ordinances will be sourced from the California Department of Public Health, TUPP.
CLERK OF THE BOARD FOLLOW UP ACTIONS
1) If approved, publish the summary ordinance to include the final Board vote within 15 days after Final Passage; and
2) Send the full Ordinance to Municode for codification following Final Passage.
STRATEGIC PLAN COMPONENT:
N/A
CONTACT
Olivia Byron-Cooper, MPH, Director, Health and Human Services Agency
Rob Peters, Deputy Director of Planning, Planning and Building Department
Jeffrey Warren, REHS, Director, Environmental Management Department