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HomeMy WebLinkAbout2025-64 - 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)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. Resolution No. 2025-64 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. ATTEST: fw M II erry Interim City Clerk APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Aaron C. Harp City Attorney STATE OF CALIFORNIA } COUNTY OF ORANGE } ss. CITY OF NEWPORT BEACH I, Molly Perry, Interim City Clerk of the City of Newport Beach, California, do hereby certify that the whole number of members of the City Council is seven; the foregoing resolution, being Resolution No. 2025-64 was duly introduced before and adopted by the City Council of said City at a regular meeting held on the 23rd day of September, 2025, and that the same was so passed and adopted by the following vote, to wit: AYES: Mayor Joe Stapleton, Mayor Pro Tern Lauren Kleiman, Councilmember Noah Blom, Councilmember Michelle Barto, Councilmember Robyn Grant, Councilmember Sara J. Weber, Councilmember Erik Weigand NAYS: None IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of said City this 24th day of September, 2025. FQ44 c �A �LIFOR _G-Oy Mol P r Interim City Clerk City of Newport Beach, California