Title
HEARING - To consider the recommendation for approval from the Planning Commission on Planning and Building Department, Long Range Planning Unit, repeal of Ordinance 5210 which established tobacco retailer land use regulations and proposed amendments to Title 130 (Zoning Ordinance) of the El Dorado County (County) Code; and staff recommending the Board take the following actions:
1) Approve the Introduction (First Reading) of Ordinance 5261 repealing Ordinance 5210, which includes the repeal of Chapter 130.40.340 of the County Zoning Ordinance related to tobacco retailer land use regulations in its entirety, and amending Table 130.22.020, waive reading of the full Ordinance, read by title only, and continue this matter to May 12, 2026, for Final Passage (Second Reading);
2) Find repealing Ordinance 5210 exempt from the California Environmental Quality Act (CEQA) under Sections 15060(c)(2) and 15378 of the CEQA Guidelines; and
3) Approve repealing Ordinance 5210 which includes the repeal of Chapter 130.40.340 of the County Zoning Ordinance related to tobacco retailer land use regulations in its entirety, and amending Table 130.22.020 to reflect this repeal.
FUNDING: General Fund.
Body
Discussion / Background
On January 30, 2024, (Legistar file 24-0022) the Board adopted Urgency Ordinance 5192, which provided an interim moratorium on new tobacco retailer applications for all purposes within the unincorporated areas of the County pending the study and development of reasonable regulations for a tobacco retailer licensing and land use program.
These regulations were subsequently enacted through Ordinances 5210 and 5211, approved and adopted October 22, 2024, File No. 24-1371 with Final Passage/Second Reading November 5, 2024, File No. 24-1371. Together, these companion ordinances established Tobacco Retailer Land Use Regulations and the Tobacco Retail License.
On July 29, 2025, (Legistar file 25-0901) the Board received a joint presentation from the Planning and Building Department, the Environmental Management Department, and the Health and Human Services Agency regarding the potential economic impacts of tobacco regulations within the unincorporated areas of the County. The presentation outlined several options for Board consideration, including repeal of both ordinances, modification of one or both ordinances, or maintaining the ordinances in their existing form. Ultimately, the Board directed staff to repeal both Ordinance 5210 and Ordinance 5211 and return with data and analysis regarding creating setbacks between schools and tobacco retailers, as well as information concerning smoke shop operations and their compliance with applicable state laws.
On October 21, 2025, (Legistar file 25-1670) the Board approved Resolution of Intention (ROI) 147-2025 to initiate the process to amend the Zoning Ordinance (Title 130) of the County Code related to tobacco retailers. At the same meeting, the Board conducted the first reading of Ordinance 5248 which repealed Ordinance 5211 in its entirety, including Chapter 8.68 of the County Code related to the regulation of tobacco retailers and the establishment of a tobacco retail license. Final passage of Ordinance 5248 occurred following the second reading on October 28, 2025.
On March 12, 2026, (Legistar file 26-0368) the Planning Commission voted 4-0 (1 absent) to forward a recommendation to the Board to approve the repeal of Ordinance 5210, including repeal of Section 130.40.340 of Title 130 in its entirety, and to amend Table 130.22.020 to reflect that repeal. In addition, the Planning Commission added a third recommendation to staff’s recommendation asking that the Board consider adopting a new ROI to revisit the topic of tobacco retailer restrictions within the unincorporated areas of the County with the objective of achieving a balanced regulatory approach that accounts for both health and safety concerns and economic impacts.
The proposed amendments would be effective 30 days after final adoption by the Board.
ALTERNATIVES
The Board may choose not to approve the repeal of Ordinance 5210. However, should the Board choose not to repeal Ordinance 5210, the established setbacks and other regulations in Title 130 would remain, limiting new retail locations, and potentially negatively impacting sales and use tax revenues.
The Board may also choose to incorporate the additional Planning Commission recommendation and direct staff to return with a ROI to guide the development of a regulatory framework for tobacco retailers that addresses health and safety concerns while considering potential economic impacts.
PRIOR BOARD ACTION
On January 30, 2024, (Legistar file 24-0022) the Board adopted Urgency Ordinance 5192, which provided an interim moratorium on new tobacco retailer applications for all purposes within the unincorporated areas of the County pending the study and development of reasonable regulations.
On March 12, 2024, (Legistar file 24-0083) the Board adopted Urgency Ordinance 5197 extending the existing moratorium on new tobacco retailer applications for all purposes within the unincorporated areas of the County and provided direction to staff to develop a tobacco retailer license process and land use regulations ordinance.
On October 22, 2024, (Legistar file 24-1371) the Board approved and adopted Ordinance 5210, which added Chapter 130.40.340 of the County Zoning Ordinance establishing tobacco retailer land use regulations and amending Section 130.22.020 “Matrix of Allowed Uses.”
On July 29, 2025, (Legistar file 25-0901) the Board directed staff to return to the Board to repeal Tobacco Zoning Ordinance 5210 and end local tobacco regulations and the Tobacco Retail License Ordinance (Ord. 5211).
On October 21, 2025, (Legistar file 25-1670) the Board approved the first reading and adopted Ordinance 5248, which repealed Ordinance 5211, including repeal of Chapter 8.68 of the County Code related to the regulation of tobacco retailers and establishment of a tobacco retail license, and approved ROI 147-2025 directing staff to proceed with the preparation of all necessary documentation and environmental review requirements to repeal the provisions of Ordinance 5210, including repeal of Chapter 130.40.340 of the Zoning Code, and any other sections, including tables, necessary to meet the objectives of the appeal. The second reading of Ordinance 5248 was subsequently approved and adopted as a part of the Consent Agenda on October 28, 2025.
OTHER DEPARTMENT / AGENCY INVOLVEMENT
County Counsel
Health and Human Services Agency
Environmental Management
FINANCIAL IMPACT
There is no change to Net County Cost associated with this item. Funding for the staff time associated with this element update has been included in the Fiscal Year 2025-26 Budget.
CLERK OF THE BOARD FOLLOW UP ACTIONS
1) Clerk of the Board will obtain the Chair's signature on the Ordinance.
2) Clerk of the Board will forward one (1) certified copy of the signed Ordinance to the Planning and Building Department, Long Range Planning, attention of Chris Smith.
STRATEGIC PLAN COMPONENT
N/A
Contact
Thea Graybill, Planning Manager, Long Range Planning Unit
Planning and Building Department