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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 521...
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