Title
Health and Human Services Agency, Public Health Division, Tobacco Use Prevention Program and the Planning and Building Department recommending the Board:
1) Receive a presentation on Tobacco Retail Density and Zoning Education; and
2) Provide direction to staff on the development of a Tobacco Retail Zoning Regulation and if the Board wants to pursue a Tobacco Retail Zoning Regulation, adopt and authorize the Chair to sign Resolution of Intention 179-2023 to amend Title 130 of the County Zoning Ordinance.
FUNDING: N/A
Body
DISCUSSION / BACKGROUND:
HHSA Public Health Division (PHD), Tobacco Use Prevention Program (TUPP) aims to reduce tobacco use and its associated harms in the County of El Dorado (County). TUPP focuses on several key objectives including: reducing exposure to secondhand smoke, tobacco residue, and waste; decreasing the availability of harmful tobacco products like cigarettes, cigars, vapes, and smokeless tobacco; and actively promoting tobacco cessation. TUPP is committed to creating a healthier and smoke-free environment for communities throughout the County.
In 2022, a parent's concern about their child's exposure to tobacco prompted a member of the Board to reach out to TUPP. Concerning data from the 2022 National Youth Tobacco Survey revealed a youth vaping epidemic with over 2.5 million middle and high school students reported current e-cigarette use and nearly half (46%) of high schoolers who vape do so almost daily. On November 2, 2022, a special town hall meeting focused on youth vaping was held at Herbert Green Middle School. During this meeting, community concerns about the locations of tobacco retailers were identified, and TUPP was asked to look into potential zoning regulations with the Planning and Building Department.
After meeting with the Planning and Building Department, TUPP met with the GIS Manager in the Surveyor’s office who demonstrated the capability to map tobacco retail stores in relation to youth sensitive sites. Additionally, TUPP staff learned from Treasurer-Tax Collector staff that the business application form could be modified to identify tobacco retailers to prompt address verification.
In July 2023, it was reported that 103 jurisdictions in California restrict the proximity of tobacco retail sales venue locations to youth-populated areas, which may include schools, parks, and/or childcare centers. El Dorado County currently lacks any tobacco retailer zoning restrictions.
Through the collaborative efforts of the Health and Human Services Agency TUPP program and the Planning and Building Department, a Resolution of Intention (ROI) was developed and is being offered to the Board for consideration. If the board wishes to move in this direction, the ROI would direct County staff to prepare modifications to the El Dorado County Zoning Code (Title 130). These amendments, as outlined in the ROI, encompass the following key changes:
• The addition of a new section to Article 4 (Specific Use Regulations) Chapter 130.40 (Specific Use Regulations), referred to as "Commercial Tobacco."
• Amendments to relevant matrices specifying allowable uses within Article 2 (Zones, Allowed Uses, and Zoning Standards).
• Modifications to Article 8 (Glossary) to include a clear definition of a "Tobacco Shop."
HHSA PHD TUPP and the Planning and Building Department recommend the Board receive a presentation on Tobacco Retail Density and Zoning Education, provide direction to move forward with the development of a Tobacco Retail Zoning Regulation or decline to move forward, and if determined by the Board to proceed sign the ROI to amend Title 130 of the County Zoning Ordinance.
ALTERNATIVES
The Board could direct staff to conduct further research before making a decision on a Tobacco Retail Zoning Regulation, or could decline to direct staff to move forward with the zoning regulation.
PRIOR BOARD ACTION:
N/A
OTHER DEPARTMENT / AGENCY INVOLVEMENT:
Approved by County Counsel.
CAO RECOMMENDATION:
Approve as recommended.
FINANCIAL IMPACT:
There is no change to Net County Cost associated with this item. Funding for the staff time associated with the proposed Zoning Ordinance Update has been included in the Fiscal Year 2023-24 Budget.
CLERK OF THE BOARD FOLLOW UP ACTIONS
If the ROI is approved,
1) Clerk of the Board to obtain signature of Chair on one (1) original ROI; and
2) Clerk of the Board to return one (1) fully executed ROI to HHSA Contracts Unit at 3057 Briw Rd, Suite B, and forward one (1) electronic copy of the fully executed ROI to Planning and Building, attn. Christopher Smith.
STRATEGIC PLAN COMPONENT:
Good Governance, Healthy Communities
CONTACT
Olivia Byron-Cooper, MPH, Director, Health and Human Services Agency
Rob Peters, Deputy Director, Planning and Building Department