City Council

10A. Public hearing to review and consider the introduction of City Council\nOrdinance No. 2023-02 amending Encinitas Municipal Code Chapter 11.08\nand repealing Chapter 11.09 establishing a citywide smoking ban in all public\nplaces. CASE NUMBER: PLCY-005913-2023; LOCATION: Citywide.\nEnvironmental Considerations: The action being considered by the City\nCouncil is exempt from the provisions of the California Environmental Quality\nAct ("CEQA") pursuant to Section 15308 of the CEQA Guidelines because it is\nan activity undertaken "to assure the maintenance, restoration, enhancement\nand protection of the environment" and pursuant to Section 15061(b)(3)\nbecause there is no possibility that the activity in question may have a\nsignificant effect on the environment. To the extent that the ordinance applies\nto places of employment, it regulates working conditions by ensuring that\nemployees and volunteers are not exposed to the harmful effects of second-\nhand smoke and is therefore categorically exempt from CEQA pursuant to\nSection 15324(c) of Title 14 of the California Code of Regulations ("CEQA\nGuidelines"). Section 15324(c) exempts regulation of "working conditions\nwhere there will be no demonstrable physical changes outside the place of\nwork." Contact Person: Substantiality Manager Najera\nRecommended Action: Introduce City Council Ordinance No. 2023-02, titled\n"An Ordinance of the City Council of the City of Encinitas amending Chapter\n11.08 (Smoking) of the Encinitas Municipal Code to establish a citywide ban\non smoking in public places, and repealing Chapter 11.09 (Smoking\nProhibited in Beaches, Parks, Trails, and Outdoor/Patio Dining Areas of Eating\nEstablishments) of the Encinitas Municipal Code."\n2023-02-15 Item 10A Smoking Ban