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HEARING - Health and Human Services Agency (HHSA), Public Health Division, Tobacco Use Prevention Program and the Planning and Building Department (Planning) recommending the Board:
1) Adopt and authorize the Chair to sign Urgency Ordinance 5197 pursuant to California Government Code Section 65858, extending an interim forty-five day moratorium for ten months and fifteen days, on new tobacco retailer applications for all purposes within the unincorporated areas in El Dorado County, pending the study and development of reasonable regulations (4/5 vote required);
2) Find that the extension interim moratorium is not a “project” under the California Environmental Quality Act (CEQA) and even if it were a project, it would be exempt from the CEQA pursuant to statutory exemption CEQA Guidelines Section 15061 (b)(3)(Common Sense Exemption) because there is no possibility that adoption of this temporary moratorium would have a significant effect on the environment;
3) Receive the requested presentation on tobacco retail zoning and licensing provisions; and
4) Direct staff to return with a tobacco retail license draft ordinance that reflects Board direction.
FUNDING: N/A
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DISCUSSION / BACKGROUND:
On December 5, 2023, HHSA, Public Health Division, TUPP and the Planning presented on Tobacco Retail Density and Zoning seeking Board guidance for a Tobacco Retail Zoning Regulation (File ID 23-1992). The Board adopted Resolution of Intention 179-2023, authorizing staff to amend Title 130 of the County Zoning Ordinance. The Board also instructed HHSA and Planning to return with a recommendation for an Urgency Ordinance within 90 days and with more information about zoning and licensing/permitting regulations for retailers and how those provisions differ.
On January 30, 2024, the Board approved Urgency Ordinance 5192, imposing an interim 45-day moratorium on new tobacco retailer applications in unincorporated areas of El Dorado County (File ID 24-0022). The Urgency O...
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