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HomeMy WebLinkAbout19 - Extending the Temporary Moratorium on New Smoke Shops and Tobacco Retailer Businesses - Public HearingCITY OF NEWPORT BEACH NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that on Tuesday, October 28, 2025, at 4:00 p.m., or soon thereafter as the matter shall be heard, a public hearing will be conducted in the City Council Chambers at 100 Civic Center Drive, Newport Beach. The City Council of the City of Newport Beach will consider the following matter: Extension of Tobacco Retailer Moratorium - The City Council will consider adopting an urgency ordinance extending Urgency Ordinance No. 2025-31 by 10 months and 15 days, which established 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. A copy of the 10- day report pursuant to California Government Code Section 65858 will be posted as part of the agenda for this item and will be available for review at the City's website at www.newportbeachca.gov. The 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 CEQA review pursuant to Title 14, Division 6, Chapter 3, Sections 15305 and 15061(b)(3) of the California Code of Regulations. All interested parties may appear and present testimony in regard to this urgency ordinance. If you challenge this urgency ordinance in court, you may be limited to raising only those issues you raised at the public hearing or in written correspondence delivered to the City, at, or prior to, the public hearing. The urgency ordinance may be continued to a specific future meeting date, and if such an action occurs additional public notice of the continuance will not be provided. Prior to the public hearing the agenda, staff report, and documents may be reviewed at the City Clerk's Office, 100 Civic Center Drive, Newport Beach, California, 92660 or at the City of Newport Beach website at www.newportbeachca.gov. Individuals not able to attend the meeting may contact the Planning Division or access the City's website after the meeting to review the action on this application. For questions regarding details of the project please contact Oscar Orozco, Associate Planner, at (949) 644- 3219 or oorozco newportbeachca.gov, 100 Civic Center Drive, Newport Beach, CA 92660. Project File No.: PA2025-0171 Zoning: Citywide Location: Citywide, Newport Beach, CA /s/ Molly Perry, Interim City Clerk, City of Newport Beach Activity: Extension of Moratorium General Plan: Citywide Applicant: City of Newport Beach dos Angeles isimes ME D L A G R O UP PROOF OF PUBLICATION (2015.5 C.C.P.) STATE OF CALIFORNIA County of Orange I am a citizen of the United States and a resident of the County aforesaid; I am over the age of eighteen years, and not a party to or interested in the action for which the attached notice was published. I am a principal clerk of the Newport Harbor News Press Combined with Daily Pilot, which was adjudged a newspaper of general circulation on June 19, 1952, Cases A24831 for the City of Newport Beach, County of Orange, and State of California. Attached to this Affidavit is a true and complete copy as was printed and published on the following date(s): Oct 18, 2025 I certify (or declare) under penalty of perjury that the foregoing is true and correct. Dated at Fountain Valley, California on this 27th day of October, 2025. [signature] 10540 Talbert Avenue Fountain Valley, CA 92708 8009768 NewportHarbor News Press Combined With Daily Pilot Page 1 of 2 dos ,Angeles Times IE D I A Sold To- G R O U P City of Newport Beach - CA11072031 100 Civic Center Dr Newport Beach,CA 92660-3267 Bill To: City of Newport Beach - CA11072031 100 Civic Center Dr Newport Beach,CA 92660-3267 LEGAL NOTICE c`Eu'�Rr nI CITY OF NEWPORT BEACH NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that on Tuesday, October 28, 2025, at 4:00 p.m., or soon thereafter as the matter shall be heard, a public hearing will be conducted in the City Council Chambers at 100 Civic Center Drive, Newport Beach_ The City Council ofthe City of Newport Beach will consider the following matter Extension of Tobacco Retailer Moratorium - The City Council will consider adopting an urgency ordinance extending Urgency Ordinance No 2025-31 by 10 months and 15 days, which established a temporary moratorium on the establishment and operation of new tobac- co retailer businesses and the relocation or physical expansion of existing tobacco retailer businesses, also known as smoke shops. Acopy ofthe 10-day report pursuant to California Government Code Section 65656 will be posted as part ofthe agenda for this item and will be available for review at the City's website at www newportbeachca gov_ The urgency ordinance is not subject to the California Environmental QualityAct (CEQA) pursuant to Sections 15060(c) (2) (the activity will not result in a direct or reasonably foresee- able indirect physical change in the environment) and 15060(c) (3) (the activity is not a project as defined in Section 15376) ofthe 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 CEQA review pursuant to Title 14, Division 6, Chapter 3, Sections 15305 and 15061(b)(3) ofthe California Code of Regulations_ All interested parties may appear and present lestimony in regard to this urgency ordinance_ Ifyou challenge this urgency ordinance in court, you may be limited to raising only those issues you raised at the public hearing or in written correspondence delivered to the City, at, or prior to, the public hearing. The urgency ordinance may be continued to a specific future meeting date, and if such an action occurs additional public notice ofthe continuance will not be provided. Prior to the public hearing the agenda, staffreport, and documents may be reviewed at the City Clerk's Office, 100 Civic Center Drive, Newport Beach, California, 92660 orat the City ofNewport Beach website at www newportbeachca cjov. Individuals notable to attend the meeting may contact the Planning Division or access the Cilys website after the meeting to review the action on this application. For questions regarding details ofthe project please contact Oscar OrOZCo, Associate Plan- ner, at (949) 6443219 or oorozcoanewporlbeachca_gov, 100 Civic Center Drive, Newport Beach, CA02660 Project File No.: FA2025-0171 Activity: Extension of Moratorium Zoning: Citywide General Plan: Citywide Location: Citywide, Newport Beach, CA Applicant: City ofNewport Beach !s! Molly Perry, Interim City Clerk, City of Newport Beach 8009768- Newport Harbor News Press Combined With Daily Pilot Page 2 of 2