Title
Health and Human Services Agency (HHSA) and Planning and Building Department recommending the Board:
1) Adopt and authorize the Chair to sign Urgency Ordinance 5192, pursuant to California Government Code Section (GC) 65858, adopting an interim moratorium on new tobacco retailer applications for all purposes within the unincorporated areas of the County of El Dorado pending the study and development of reasonable regulations, with the Urgency Ordinance being in effect for forty-five (45) days from the date of adoption, unless extended by the County Board of Supervisors; and
2) Find that the urgency ordinance is not a “project” under the California Environmental Quality Act (CEQA) and even if it were a project 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 (4/5 vote required).
FUNDING: N/A
Body
DISCUSSION / BACKGROUND:
On December 5, 2023, HHSA, in collaboration with the Planning and Building Department, delivered a presentation on Tobacco Retail Density and Zoning Education (File ID 23-1992). HHSA and Planning and Building also requested Board direction for staff regarding the development of a Tobacco Retail Zoning Regulation. The Board proceeded to adopt and authorize the Chair to execute Resolution of Intention 179-2023, directing staff to initiate the development of an amendment to Title 130 of the County Zoning Ordinance. Subsequently, the Board instructed HHSA and the Planning and Building Department to return within 90 days with a recommendation for an Urgency Ordinance. This Urgency Ordinance will adopt a moratorium on new tobacco retailer applications for all purposes within the unincorporated areas of the County, pending a study of a more permanent ordinance.
The purpose of this Urgency Ordinance is to protect the public health, safety, and welfar...
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