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HomeMy WebLinkAbout23 - Initiation of Zoning Code and Local Coastal Program Amendments Related to Smoke Shops, Smoking Lounges, and Other Tobacco-Related Businesses and Establishing a Temporary MoratoriumQ �EwPpRT CITY OF s NEWPORT BEACH `q44:09 City Council Staff Report September 23, 2025 Agenda Item No. 23 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Jaime Murillo, Acting Community Development Director - 949-644- 3209, jmurillo@newportbeachca.gov PREPARED BY: Oscar Orozco, Associate Planner - (949) 644-3219, oorozco@newportbeachca.gov TITLE: Initiation of Zoning Code and Local Coastal Program Amendments Related to Smoke Shops, Smoking Lounges, and Other Tobacco - Related Businesses and Establishing a Temporary Moratorium of Tobacco Retailer Businesses ABSTRACT - For City Council's consideration is an initiation of amendments to Title 20 (Planning and Zoning) and Title 21 (Local Coastal Program Implementation Plan) of the Newport Beach Municipal Code (NBMC). The amendments relate to tobacco retail establishments, tobacco accessories, smoke shops, smoking lounges and other tobacco -related businesses. In addition, the City Council will consider a 45-day temporary moratorium on the establishment and operation of new tobacco retailer businesses and the relocation or physical expansion of existing tobacco retailer businesses, also known as smoke shops. RECOMMENDATIONS: a) Determine this action is exempt from environmental review under the California Environmental Quality Act (CEQA) pursuant to Section 15262, Section 15060(c)(2), Section 15060(c)(3), Section 15305, and Section 15061(b)(3) of the CEQA Guidelines, California Code of Regulations, Title 14, Division 6, Chapter 3; b) Adopt Ordinance No. 2025-31, An Urgency Ordinance of the City Council of the City of Newport Beach, California, Establishing a Temporary Moratorium on the Establishment and Operation of New Tobacco Retailer Businesses and the Relocation or Physical Expansion of Existing Tobacco Retailer Businesses, Also Known as Smoke Shops; and c) Adopt Resolution No. 2025-64, A Resolution of the City Council of the City of Newport Beach, California, Initiating Amendments to Title 20 (Planning and Zoning) and Title 21 (Local Coastal Program Implementation Plan) of the Newport Beach Municipal Code Pertaining to Smoke Shops, Smoking Lounges, and Other Tobacco -Related Businesses (PA2025-0171). 23-1 Initiation of Zoning Code and Local Coastal Program Amendments Related to Smoke Shops, Smoking Lounges, and Other Tobacco -Related Businesses and Establishing a Temporary Moratorium of Tobacco Retailer Businesses September 23, 2025 Page 2 DISCUSSION: Background Nitrous Oxide and Flavored Tobacco In recent years, Newport Beach has experienced a significant rise in public safety concerns related to the accessibility and use of nitrous oxide and flavored tobacco products among the youth. Arrests involving nitrous oxide have surged by 720% from just five arrests in 2020 to 41 in 2024. Current trends in 2025 suggest this number may climb to approximately 50 arrests by year-end, marking another 20% increase over the previous year. The Newport Beach Police Department (NBPD) has identified nitrous oxide being sold in local smoke shops and illegal dispensaries, contributing to its widespread availability. This accessibility poses a growing risk to the health and safety of young residents and underscores the need for stronger regulatory oversight. Additionally, flavored tobacco products remain a major driver of youth vaping. According to the Centers for Disease Control and Prevention (CDC), 87.6% of U.S. students who vaped in 2024 used flavored products. In California, 85.6% of high school tobacco users reported using flavored varieties. These statistics highlight the disproportionate appeal of flavored tobacco to minors. Over the past two years, NBPD has received approximately 15 complaints from parents and community members regarding smoke shops, further emphasizing community concern. Illegal Activity at Local Tobacco Retailers According to State records, as of September 5, 2025, there are 41 locations within the City of Newport Beach that are licensed by the State of California for the retail sale of tobacco. Retailers range from large grocery stores to gas stations and convenience markets to retailers that appear to primarily sell tobacco. Tobacco retailer businesses have been a source of unlawful activity in the City. The City has served warrants at local tobacco retailer businesses and found evidence of ongoing illegal drug sales to adults and minors. Specifically, on May 15, 2024, the NBPD detectives arrested an employee at Plugged N Smoke & Sneakers, located at 3555 East Coast Highway in Corona Del Mar, following a lengthy investigation that uncovered ongoing sales of illegal marijuana, controlled substances, and prohibited tobacco products to both minors and adults. Additionally, on June 10, 2025, NBPD detectives served a search warrant at Tobacco and Accessories, located at 3617 East Coast Highway in Corona Del Mar, seizing over 454 pounds of illegal cannabis, psilocybin (magic mushrooms), nitrous oxide, and prohibited tobacco products. These two cases are part of a troubling trend that endangers the well-being of the City's residents, especially minors, highlighting the urgent need for swift and decisive action, as 23-2 Initiation of Zoning Code and Local Coastal Program Amendments Related to Smoke Shops, Smoking Lounges, and Other Tobacco -Related Businesses and Establishing a Temporary Moratorium of Tobacco Retailer Businesses September 23, 2025 Page 3 demonstrated by aggressive enforcement and stricter regulations recently adopted in neighboring cities like Anaheim, Orange, La Habra, and Redondo Beach. Initiation of Zoning Code and Local Coastal Program Amendments On September 9, 2025, Mayor Pro Tern Kleiman requested initiating zoning code and local coastal program amendments related to tobacco retail establishments, tobacco accessories/paraphernalia, smoke shops, smoking lounges and other smoke -related businesses pursuant to City Council Policy A-1. In addition to the code update, the request also directed staff to prepare an Urgency Ordinance to establish a temporary moratorium on the establishments of new Smoke Shops pending the outcome of the code amendment review. The City Council voted unanimously (6-0), via a straw poll, in favor of staff returning with an item. This agenda item is not a public hearing. If the City Council adopts the attached resolution to initiate the zoning code and local coastal program amendments, specific text changes will be drafted and considered by both the Planning Commission and the City Council at future public hearings. Additionally, amendments to the certified LCP will require certification by the California Coastal Commission to be effective. Zoning Code Section 20.66.020 (Initiation of Amendment) provides that a code amendment may be initiated by the City Council with or without a recommendation from the Planning Commission. City Council Policy K-1 (General Plan and Local Coastal Program) provides that a City -sponsored amendment to the certified Local Coastal Program (LCP) shall be initiated by the City Council. Focus of Amendments Proposed for Initiation The sale of tobacco is currently defined as a "Retail Sales" land use in the NBMC. The retail sales land use is permitted by right in most zoning districts with a few exceptions. The NBMC does not include specific standards for retail sales of tobacco or tobacco related products. Additionally, Title 20 (Planning and Zoning) and Title 21 (Local Coastal Program Implementation Plan) do not provide a definition for "Tobacco Retail Sales", "Tobacco Retailer Business", or "Smoke Shops", nor do they include a land use category with objective land use regulations, such as limits on hours of operations, appropriate zoning districts, and/or separation requirements. Therefore, despite the aforementioned public safety implications, Tobacco Retailer Businesses and Smoke Shops are regulated no differently than a typical retail store. Title 20 and 21 include a definition and a land use classification for "Smoking Lounge," which is defined as "an establishment that is dedicated, in whole or part, to providing tobacco or other substances for smoking by patrons on the premises for a fee, including but not limited to establishments known as cigar lounges, hookah lounges, tobacco clubs, or tobacco bars. It does not include a "retail or wholesale tobacco shop," which sells tobacco products and smoking accessories, but does not provide for on -premises use of 23-3 Initiation of Zoning Code and Local Coastal Program Amendments Related to Smoke Shops, Smoking Lounges, and Other Tobacco -Related Businesses and Establishing a Temporary Moratorium of Tobacco Retailer Businesses September 23, 2025 Page 4 tobacco products." The smoking lounge land use classification is prohibited in all zoning districts. Therefore, as part of the amendments staff will study potential changes to Title 20 and 21 related to the regulations of smoking lounges and of the sale of tobacco and tobacco - related products in the City. NAnrafnrh im The attached Urgency Ordinance (Attachment A) would establish a 45-day temporary moratorium on new tobacco retailer businesses, which are defined in the ordinance as: "any person who sells, offers for sale, or does or offers to exchange for any form of consideration tobacco products or tobacco paraphernalia without regard to the quantity sold, offered for sale, exchange, or offered for exchange." City Charter Section 412 provides for the adoption of an urgency ordinance as an emergency measure to preserve the public peace, health or safety by an affirmative vote of at least five City Council members. Additionally, pursuant to Government Code Section 65858, and in order to protect public safety, health, and welfare, the City Council may adopt an Urgency Ordinance prohibiting any uses that may be in conflict with a contemplated zoning proposal that the legislative body, Planning Commission or the Community Development Department is considering or studying or intends to study within a reasonable time. Approval of an Urgency Ordinance requires a minimum of a four -fifths vote of the legislative body for adoption and is effective immediately for 45 days from its date of adoption. After notice, pursuant to Section 65090, and a public hearing, the legislative body may, at a future date, extend the Urgency Ordinance for 10 months and 15 days, and subsequently extend the Urgency Ordinance for one year. These additional extensions will also require a minimum of a four -fifths vote for adoption. No more than two extensions may be adopted by the legislative body. As noted above, the City Council has directed staff to initiate amendments to the NBMC related to Smoke Shops and an Urgency Ordinance would prevent the establishment of any new Smoke Shops (i.e. tobacco retailer businesses) while the amendments are being drafted for Council review and action. This direction is supported by the evidence of a significant rise in public safety concerns related to the accessibility and use of nitrous oxide and flavored tobacco products among the youth, the significant number of businesses in the City that are currently licensed by the State to sell tobacco, unlawful activity at existing tobacco retailer businesses, and the City Council's concern about this increase and the harmful effect of nitrous oxide and flavored tobacco products on the residents. As previously described, the City has no regulations specific to retailers whose principal or core business involves selling tobacco products and related paraphernalia, that would 23-4 Initiation of Zoning Code and Local Coastal Program Amendments Related to Smoke Shops, Smoking Lounges, and Other Tobacco -Related Businesses and Establishing a Temporary Moratorium of Tobacco Retailer Businesses September 23, 2025 Page 5 protect minors such as distance requirements from schools, parks, and other youth - oriented areas. In order to provide staff with the time to study options for the regulation of smoke shops, smoking lounges, and other tobacco -related businesses, staff is recommending approval of the subject urgency ordinance. FISCAL IMPACT: There is no fiscal impact related to this item. ENVIRONMENTAL REVIEW: The initiation of zoning and LCP amendments are exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15262 (Feasibility and Planning Studies) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential to have a significant effect on the environment. No final action on any amendments will occur at this meeting and the initiation of the amendment does not have any legally binding effect upon future consideration of the amendments themselves. The City will conduct an environmental review prior to the consideration of approval of the amendments. Additionally, the urgency ordinance is not subject to the CEQA pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines; California Code of Regulations, Title 14, Division 6, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. In addition, the ordinance consists of minor alterations in land use limitations and does not result in any changes in land use or density. It is therefore not subject to the California Environmental Quality Act review pursuant to Title 14, Division 6, Chapter 3, Sections 15305 and 15061(b)(3) of the California Code of Regulations. NOTICING: The NBMC does not require notice for the initiation of amendments. Notice of this item appeared on the agenda for this meeting, which was posted at City Hall and on the City website. Should the City Council initiate the amendment, public notice will be provided for subsequent public hearings before the Planning Commission and the City Council as required by the NBMC. Additionally, notice of the LCP amendments will be sent to all persons and agencies on the Notice of the Availability mailing list. ATTACHMENTS: Attachment A — Ordinance No. 2025-31 Urgency Ordinance for Moratorium Attachment B — Resolution No. 2025-64 Initiation of Amendments 23-5 Attachment A Ordinance No. 2025-31: Urgency Ordinance for Moratorium 23-6 ORDINANCE NO. 2025- 31 AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, CALIFORNIA, ESTABLISHING A TEMPORARY MORATORIUM ON THE ESTABLISHMENT AND OPERATION OF NEW TOBACCO RETAILER BUSINESSES AND THE RELOCATION OR PHYSICAL EXPANSION OF EXISTING TOBACCO RETAILER BUSINESSES, ALSO KNOWN AS SMOKE SHOPS WHEREAS, Section 200 of the City Charter, of the City of Newport Beach ("City"), vests the City Council with the authority to make and enforce all laws, rules and regulations with respect to municipal affairs subject only to the restrictions and limitations contained in the City Charter and the State Constitution, and the power to exercise, or act pursuant to any and all rights, powers, and privileges or procedures granted or prescribed by any law of the State of California; WHEREAS, pursuant to Government Code Section 65858, the City Council may adopt an interim urgency ordinance prohibiting any use that may be in conflict with a contemplated general plan, specific plan, or zoning proposal that the legislative body, planning commission or the planning department is considering or studying or intends to study within a reasonable time, if the members of the City Council by a vote of four -fifths (4/5) majority find that there is a current and immediate threat to the public safety, health, and welfare of the community; WHEREAS, City Charter Section 412 provides for the adoption of an urgency ordinance as an emergency measure to preserve the public peace, health or safety by an affirmative vote of at least five City Council members; WHEREAS, City Charter Section 416(d) allows an urgency ordinance to take effect immediately; WHEREAS, tobacco retailer businesses, also known as smoke shops, have been a source of unlawful activities in the City, which, if not curtailed, present an immediate threat to the public health, safety, and welfare; WHEREAS, the Newport Beach Police Department ("NBPD") served warrants at local tobacco retailer businesses and found evidence of ongoing illegal drug sales to adults and minors; 23-7 Ordinance No. 2025- Page 2 of 7 WHEREAS, on May 15, 2024, NBPD detectives arrested a store clerk at Plugged N Smoke & Sneakers, located at 3555 East Coast Highway in Corona Del Mar, following a lengthy investigation that uncovered ongoing sales of illegal marijuana, controlled substances, and prohibited tobacco products to both minors and adults; WHEREAS, on June 10, 2025, NBPD detectives served a search warrant at Tobacco and Accessories, located at 3617 East Coast Highway in Corona Del Mar, seizing over 454 pounds of illegal cannabis, psilocybin (magic mushrooms), nitrous oxide, and prohibited tobacco products; WHEREAS, these two cases are part of a troubling trend that endangers the well- being of the City's residents, especially minors, highlighting the urgent need for swift and decisive action, as demonstrated by aggressive enforcement and stricter regulations recently adopted by neighboring cities like Anaheim, Orange, La Habra, and Redondo Beach -,and WHEREAS, the purpose of this urgency ordinance is to prohibit the establishment and operation of a new tobacco retailer businesses as well as the relocation or physical expansion of existing tobacco retailer businesses for 45 days, to give the City the opportunity to explore effective regulatory options that ensure the immediate protection of the public health, safety, and welfare. NOW, THEREFORE, the City Council of the City of Newport Beach ordains as follows.. Section 1: The City Council hereby incorporates the recitals set forth above into this urgency ordinance and finds, determines and declares that this urgency ordinance adopted pursuant to Government Code Section 65858 and City Charter Section 412 , is necessary because: A. Tobacco retailer businesses pose an immediate threat to the public health, safety, and welfare. B. The establishment and operation of new tobacco retailer businesses as well as the relocation or physical expansion of existing tobacco retailers under current City regulations, would further jeopardize the public health, safety, and welfare. C. The adoption of this urgency ordinance is essential to provide the City the time needed to study and evaluate various regulatory options to more Ordinance No. 2025- Page 3 of 7 effectively manage tobacco retailer businesses and ensure the immediate protection of the public health, safety, and welfare. Section 2: In the interest of safeguarding the health, safety, and welfare of the residents of and visitors to the City of Newport Beach, the purpose and intent of this urgency ordinance is to impose a temporary moratorium on the establishment and operation of new tobacco retailer businesses as well as the relocation or physical expansion of existing tobacco retailers including, but not limited to, the issuance of any new permits, licenses, or other entitlements for tobacco retailer businesses, commonly known as smoke shops, within the jurisdictional boundaries of the City of Newport Beach. Pursuant to Government Code Section 65858 and Charter Section 412, the City Council is authorized to adopt this urgency ordinance without following the standard procedures required for ordinance adoption, to protect public health, safety, and welfare. This ordinance is being adopted to protect the public health, safety and welfare by prohibiting uses that conflict with a contemplated general plan, specific plan, or zoning proposal that the City Council, Planning Commission, or Community Development Department is currently considering, studying, or intends to study within a reasonable timeframe. Section 3: For purposes of this urgency ordinance, the following definitions shall apply: A. "Person" means and includes any individual, partnership, cooperative association, private corporation, personal representative, receiver, trustee, assignee, or other legal entity. B. "Premium cigar" means any cigar that is handmade, or hand rolled, is not mass produced by use of mechanization, has a wrapper, which is made entirely from whole tobacco leaf, and has a wholesale price of no less than twelve dollars ($12). A premium cigar does not have a filter, tip, or nontobacco mouthpiece and is capped by hand. C. "Tobacco paraphernalia" means any item designed or marketed for the consumption, use, or preparation of a tobacco product. D. "Tobacco product" means: (1) any product containing, made, or derived from tobacco or nicotine that is intended for human consumption, whether smoked, heated, chewed, absorbed, dissolved, inhaled, snorted, sniffed, aerosolized, vaporized, or ingested by any other means, including, but not 23-9 Ordinance No. 2025- Page 4 of 7 limited to, cigarettes, cigars, little cigars, chewing tobacco, pipe tobacco, bidis, kreteks, snuff, e-liquids, or vape juice; and (2) any device or component, part, or accessory that delivers nicotine alone or combined with other substances to the person using the device, including, but not limited, to an electronic cigarette (or "e-cigarette"), electronic cigar (or "e-cigar"'), electronic pipe (or "e-pipe"), vape pen, electronic hookah (or "e-hookah"), cigars, or pipes, whether or not the device or component is sold separately. "Tobacco product" does not include any product that has been approved by the United States Food and Drug Administration for use as a tobacco cessation product where such product is marketed and sold solely for such an approved purpose nor does it include loose-leaf tobacco and premium cigars. E. "Tobacco retailer business" means any person who sells, offers for sale, distributes, furnishes, or otherwise exchanges, with or without compensation, a tobacco product, tobacco paraphernalia, or tobacco - related item, to a consumer or end user, whether conducted in a physical storefront, through mobile or temporary setups, or via online or delivery - based platforms operating within the City of Newport Beach. Section 4: Moratorium Imposed. A. In accordance with the authority granted to the City of Newport Beach under Article XI, Sections 5 and 7 of the California Constitution, City Charter Sections 412 and 416(d) and California Government Code Section 65858, from and after the effective date of this urgency ordinance, and for a period of 45 days: (1) no new tobacco retailer businesses shall be established or operate in the City of Newport Beach; (2) no existing tobacco retailer business shall relocate or expand its business in the City of Newport Beach; and (3) no entitlement for use, including, but not limited to, the issuance of a business license, building permit, conditional use permit, minor use permit or other land use approval, shall be approved or issued by the City of Newport Beach for the establishment or operation of a new tobacco retailer business and/or for the relocation or physical expansion of an existing tobacco retailer business. Additionally, the establishment and operation of a new tobacco retailer business or the relocation, or physical expansion of an existing tobacco retailer business is hereby expressly prohibited in all areas and zoning districts of the City of Newport Beach. 23-10 Ordinance No. 2025- Page 5 of 7 B. This urgency ordinance shall not prohibit the renewal of a business license for an existing tobacco retailer business, provided that the renewal seeks to maintain the business without physical expansion at its current location, and the tobacco retailer business is operating in a manner, and housed within a building, which complies with all City, State, Federal, or otherwise applicable, codes, rules, regulations, or laws. C. The provisions of this urgency ordinance shall be enforceable pursuant to the general enforcement provisions in Title 1 of the Newport Beach Municipal Code. Nothing herein shall limit the authority of the City to revoke or suspend any existing license, permit, and/or entitlement as authorized under existing law. Section 5: A code amendment to Title 20 (Planning and Zoning) and Title 21 (Local Coastal Program Implementation Plan) of the Newport Beach Municipal Code is initiated by Resolution No. 2025- . The Community Development Department and Planning Commission are hereby directed to analyze the desirability/appropriateness of smoke shops within the City of Newport Beach including, but not limited to, the potential direct and indirect impact of tobacco retail businesses, and if such facilities be thought appropriate, the extent of any zoning and regulatory controls necessary to protect the public health, safety, and welfare. Section 6: Except as expressly modified in this urgency ordinance, all other sections, subsections, terms, clauses and phrases set forth in the Newport Beach Municipal Code shall remain unchanged and shall be in full force and effect. Section 7: This urgency ordinance is adopted pursuant to Government Code Section 65858 and City Charter Sections 412 and 416(d) and shall take effect immediately upon its passage by a vote of at least six (6) City Councilmembers. This urgency ordinance shall by operation of law be of no further force and effect 45 days from September 23, 2025; provided, however, that after proper notice and a public hearing, the City Council may by a four -fifths (4/5) vote extend this urgency ordinance for an additional period of time of up to 10 months, 15 days, and subsequently extend the urgency ordinance for one year. Ten days prior to the expiration of this urgency ordinance, a written report describing the measures taken to alleviate the condition that led to the adoption of this ordinance shall be issued by the City of Newport Beach and shall be available online and at the City Clerk's Office. Section 8: If any section, subsection, sentence, clause, or phrase of this urgency ordinance is, for any reason, held to be invalid or unconstitutional such decision shall not affect the validity or constitutionality of the remaining portions of this urgency 23-11 Ordinance No. 2025- Page 6 of 7 ordinance. The City Council hereby declares that it would have passed this urgency ordinance, and each section, subsection, clause or phrase hereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases may be declared invalid or unconstitutional. Section 9: The City Council finds that this urgency ordinance is not subject to the California Environmental Quality Act ("CEQA") pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines; California Code of Regulations, Title 14, Division 6, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. In addition, the ordinance consists of minor alterations in land use limitations and does not result in any changes in land use or density. It is therefore not subject to the CEQA review pursuant to Title 14, Division 6, Chapter 3, Sections 15305 and 15061(b)(3) of the California Code of Regulations. 23-12 Ordinance No. 2025- Page 7 of 7 Section 10: The Mayor shall sign and the City Clerk shall attest to the passage of this urgency ordinance, which shall be effective as of September 23, 2025. The City Clerk shall cause this urgency ordinance, or a summary thereof, to be published pursuant to all applicable laws including Charter Section 414. This ordinance was introduced and adopted as an urgency measure at a regular meeting of the City Council of the City of Newport Beach, held on the 23rd day of September, 2025, by the following vote, to wit: AYES: NAYS: ABSENT: Joe Stapleton, Mayor ATTEST: Molly Perry, Interim City Clerk APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Aaron C. Harp, City Attorney 23-13 Attachment 6 Resolution No. 64: Initiation of Amendments 23-14 RESOLUTION NO. 2025-64 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, CALIFORNIA, INITIATING AMENDMENTS TO TITLE 20 (PLANNING AND ZONING) AND TITLE 21 (LOCAL COASTAL PROGRAM IMPLEMENTATION PLAN) OF THE NEWPORT BEACH MUNICIPAL CODE PERTAINING TO SMOKE SHOPS, SMOKING LOUNGES, AND OTHER TOBACCO - RELATED BUSINESSES (PA2025-0171) WHEREAS, Newport Beach Municipal Code ("NBMC") Section 20.66.020 (Initiation of Amendment) provides that the City Council of the City of Newport Beach ("City") may initiate an amendment to Title 20 (Planning and Zoning) and Title 21 (Local Coastal Program Implementation Plan) of the NBMC with or without a recommendation from the Planning Commission; WHEREAS, in accordance with City Council Policy K-1 (General Plan and Local Coastal Program) any amendment to the City's certified Local Coastal Program, which is codified in NBMC Title 21, must be initiated by the City Council; and WHEREAS, the City Council desires to amend Title 20 and Title 21 of the NBMC pertaining to smoke shops, smoking lounges, and other tobacco related businesses. NOW, THEREFORE, the City Council of the City of Newport Beach resolves as follows.. Section 1: The City Council hereby initiates amendments to NBMC Title 20 (Planning and Zoning) and Title 21 (Local Coastal Program Implementation Plan) to modify regulations pertaining to smoke shops, smoking lounges, and other tobacco related businesses. Section 2: The recitals provided in this resolution are true and correct and are incorporated into the operative part of this resolution. Section 3: If any section, subsection, sentence, clause or phrase of this resolution is, for any reason, held to be invalid or unconstitutional, such decision shall not affect the validity or constitutionality of the remaining portions of this resolution. The City Council hereby declares that it would have passed this resolution, and each section, subsection, sentence, clause or phrase hereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared invalid or unconstitutional. 23-15 Resolution No. 2025- Page 2 of 2 Section 4: The City Council finds the adoption of this resolution is categorically exempt pursuant to California Code of Regulations, Title 14, Division 6, Chapter 3, Section 15262 (Feasibility and Planning Studies) Guidelines for Implementation of the California Environmental Quality Act. Section 15262 exempts projects involving feasibility or planning studies for possible future actions which the agency, board, or commission has not approved or adopted. Section 5: This resolution shall take effect immediately upon its adoption by the City Council, and the City Clerk shall certify the vote adopting the resolution. ADOPTED this 23rd day of September, 2025. Joe Stapleton Mayor ATTEST: Molly Perry Interim City Clerk APPROVED AS TO FORM: CITY TTORNEY'S OFFICE Aaron C. Harp City Attorney 23-16