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 Moratorium - PowerPointMORATORIUM AND INITIATION OF CODE
AMENDMENT (PA2025-0171)
City Council Public Hearing
September 23, 2025
Oscar Orozco, Associate Planner
CITY OF
NEWPORT BEACH
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Nitrous Oxide
• Arrests increased 720% from 2020 to 2024
• Projected 50 arrests in 2025
Flavored Tobacco
• Rising trend in student use
• NBPD received 15 community complaints about local
smoke shops in past 2 years
Illegal Activity at Local Tobacco Retailers
• Warrant searches uncovered illegal sales of marijuana,
controlled substances, nitrous oxide, psilocybin &
prohibited tobacco products to adults and minors.
• May 15, 2024 —Arrest at Plugged N Smoke &
Sneakers, Corona Del Mar.
• June 10, 2025 — Seizure of 454 lbs. illegal
cannabis, psilocybin, nitrous oxide at Tobacco and
Accessories, Corona Del Mar.
Establish 45-day moratorium on new tobacco retailer
business and/or for the relocation or physical expansion
of existing tobacco retailer businesses.
• Requires four -fifths vote; effective immediately for 45
days
• Moratorium may be extended further (after a public
hearing):
1st extension: 10 months + 15 days
2nd extension: 1 year
nitiatio���
• Zoning Code &Local Coastal Program (Title 20 & 21)
Amendments to regulate tobacco retail, smoke shops,
smoking lounges &related businesses.
• Potential revisions:
• Tobacco sale land use permit requirements
• Definitions
• Standards/regulations:
• Hours of operation
• Separation requirements
• Etc.
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CITY OF
NEWPORT BEACH
Next Steps
• Draft specific ZC & LCP text changes.
• Amendments to be reviewed by Planning Commission &
City Council at future public hearings.
• LCP amendments must also be approved by the California
Coastal Commission.
I,
CITY OF
NEWPORT BEACH
QUESTIONS AND DISCUSSION
Oscar Orozco, Associate Planner
949-644-3319, oorozco@newportbeachca.gov
POSSIBLE AMENDMENT TO ORDINANCE
• E. "Tobacco retailer business" means any person who
primarily engages in the sale, offer for sale, distribution,
furnishing, or other exchange, with or without compensation, a
tobacco product, tobacco paraphernalia, or tobacco -related
item, to a consumer or end user. This includes businesses
operating from a physical storefront, through mobile or
temporary setups, or via online or delivery -based platforms
within the City of Newport Beach, but does not include
businesses where tobacco products, paraphernalia and related
items constitute a de minimis portion (e.g., less than 10%) of
total retail sales, floor space, or gross sales revenue, such as
grocery stores, pharmacies, or big -box retailers.
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CITY OF
NEWPORT BEACH
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• City Charter §412 & 416(d) -Urgency ordinance may be
adopted to preserve public peace, health, or safety
(requires at least 5 Council votes).
• Gov. Code §65858 -Allows temporary prohibition of uses
conflicting with pending zoning proposals.
Requires four -fifths vote; effective immediately for 45
days.
Can be extended (after public notice & hearing):
10 months + 15 days (1 st extension)
1 year (2nd extension)
CITY OF
NEWPORT BEACH
RECOMMENDED ACTION
Find this project exempt from CEQA
Adopt Resolution No 2025-64: Initiation of
Code and LCP Amendments
•Adopt Ordinance No. 2025-31: Temporary
Moratorium