HomeMy WebLinkAbout2026-02 - Amending Section 1.04.060 (Safety Enhancement Zone) of Chapter 1.04 (Code Enforcement), Sections 5.95.045 (Conditions) and 5.95.065 (Suspensions and Revocations) of Chapter 5.95 (Short Term Lodging Permit), and Section 11.08.020 (Use of Shade CoORDINANCE NO. 2026-2
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF NEWPORT BEACH, CALIFORNIA, AMENDING
SECTION 1.04.060 (SAFETY ENHANCEMENT ZONE) OF
CHAPTER 1.04 (CODE ENFORCEMENT), SECTIONS
5.95.045 (CONDITIONS) AND 5.95.065 (SUSPENSIONS
AND REVOCATIONS) OF CHAPTER 5.95 (SHORT TERM
LODGING PERMIT), AND SECTION 11.08.020 (USE OF
SHADE COVERINGS) OF CHAPTER 11.08 (CONDUCT
ON BEACHES AND PIERS) OF THE NEWPORT BEACH
MUNICIPAL CODE TO ADDRESS ILLEGAL ACTIVITY
DURING HIGH -RISK PERIODS
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, the City Council recognizes that certain periods of high public
activity ("high -risk periods") including, but not limited to, Memorial Day, Fourth of July,
and Labor Day weekends, as well as Spring Break, have historically been associated
with increased public safety risks, including noise disturbances, illegal fireworks,
overcrowding, and other violations of the law;
WHEREAS, during the Fourth of July weekend in 2025, law enforcement issued
over 285 citations for violations of the Newport Beach Municipal Code ("NBMC"),
including 16 citations for use and possession of illegal fireworks, 24 citations for use of
the beach after hours, 27 citations related to loud and unreasonable noise; and over
160 citations related to possession of open containers of alcohol or drinking in public;
WHEREAS, on the Fourth of July in 2025, there were over 450 citations issued
for violations of the NBMC and state laws, including 11 citations for violations of the
Loud and Unruly Gathering Ordinance ("LUGO"), as well as 602 calls for service, and
43 arrests, with many of these citations, calls for service and arrests occurring outside
of the current West Newport Safety Enhancement Zone, primarily concentrated
between the current boundaries of the West Newport Safety Enhancement Zone and
the area around the Balboa Pier;
WHEREAS, over the Fourth of July weekend, many of the problems
encountered by law enforcement stemmed from short-term lodging units including, but
not limited to, the issuance of LUGO and other citations to transient users of short-term
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lodging units or property owners on 28th Street, 33rd Street, W. Balboa Boulevard, E.
and W. Oceanfront, and Seashore Drive in Newport Beach;
WHEREAS, the City has also seen increased violations during other high -risk
periods, especially during those periods designated as Spring Break for schools in
Arizona and Nevada;
WHEREAS, the City Council has previously established the West Newport
Safety Enhancement Zone to promote public safety, regulate illegal activity, and ensure
compliance with applicable laws and regulations;
WHEREAS, extending the West Newport Safety Enhancement Zone to include
the areas of the peninsula from the current boundary to the area adjacent to Balboa Pier
is necessary to address documented incidents of high -risk behavior, including large
gatherings, unruly parties, and other activities that threaten public health, safety, and
welfare;
WHEREAS, during high -risk periods, the beaches experience significant
crowding, and the use of shade structures can obstruct clear lines of sight for public
safety personnel, conceal unsafe behavior from view, and impede the safe movement of
pedestrians and emergency vehicles;
WHEREAS, many short term lodging units are being rented by adults for
occupancy by individuals under the age of twenty-five during high -risk periods;
WHEREAS, requiring the owner or owner's agent and the adult transient user
on the rental agreement to respond promptly to a short term lodging unit when there has
been a good faith determination that there has been a violation of the law or the short-
term lodging permit conditions, will enhance enforcement, prevent escalation of unsafe
activities, and ensure accountability of both property owners and transient users;
WHEREAS, the violation of laws and permit conditions related to short-term
lodgings including, but not limited to, illegal fireworks, excessive noise, drug or alcohol
offenses, and unruly gatherings, during high -risk periods poses a significant threat to
public health, safety, and welfare;
WHEREAS, the City Council finds that the mandatory revocation of a short-term
lodging permit is an appropriate and necessary enforcement tool when significant
violations have occurred during high -risk periods because it ensures accountability,
deters future violations, and protects the community from recurring safety risks; and
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WHEREAS, the City Council seeks to balance public enjoyment of beaches and
recreational areas with the protection of residents, visitors, and public safety personnel
from unsafe or unlawful activities.
NOW THEREFORE, the City Council of the City of Newport Beach ordains as
follows:
Section 1: Section 1.04.060 (Safety Enhancement Zone) of the Newport
Beach Municipal Code is hereby amended to read as follows:
Section 1.04.060 Safety Enhancement Zone.
A. Designation Process. The City Council may designate a specific geographical area
as a Safety Enhancement Zone by ordinance or by resolution upon finding that the area
is subject to unique conditions during a specific period creating a significant threat to the
public health, safety and welfare. The ordinance or resolution establishing a Safety
Enhancement Zone shall contain the following provisions: (1) a description of the
geographical area comprising the zone; (2) the date and time the designation is in
effect; (3) the factual basis for the designation; (4) the manner in which general notice of
the Safety Enhancement Zone and applicable penalties for violations shall be provided;
and (5) the manner in which specific notice of additional duties, responsibilities or
restrictions shall be provided to owners of property within the zone.
B. West Newport Safety Enhancement Zone. The City Council hereby designates the
area bounded by West Coast Highway on the north, Newport Boulevard from West
Coast Highway to West Balboa Boulevard and from West Balboa Boulevard to East
Balboa Boulevard ending at B Street on the east, the Pacific Ocean on the south, and
54th Street and Jo Anne Place on the west as a Safety Enhancement Zone. General
notice of the Safety Enhancement Zone, as provided for in subsection (E), shall be
provided at no less than three locations along West Coast Highway, two locations along
Newport Boulevard, two locations on West and East Balboa Boulevard, one location on
C Street, four locations along Oceanfront Walk/Seashore Drive and two locations along
54th Street or Jo Anne Place.
C. Corona del Mar Safety Enhancement Zone. The City Council hereby designates
the portions of Corona del Mar bounded by the Pacific Ocean and Newport Harbor on
the south, Buck Gully from the Pacific Ocean to Fifth Avenue on the east, Fifth Avenue
to Dahlia Avenue (north of East Coast Highway), Dahlia Avenue (north of East Coast
Highway) to East Coast Highway, and East Coast Highway to Avocado Avenue on the
north, and the east side of Avocado Avenue (and its extended alignment) from East
Coast Highway to Newport Harbor on the west, which area shall include Pirate's Cove,
Corona del Mar State Beach, and Little Corona Beach as well as the immediately
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adjacent parking lots, roads, stairs, and paths that provide ingress and egress thereto
as a Safety Enhancement Zone. General notice of the Safety Enhancement Zone, as
provided for in subsection (E), shall be provided at no less than three locations along
East Coast Highway, at least one location on MacArthur Boulevard south of San Miguel
Drive, one location on Marguerite Avenue south of San Joaquin Hills Road, and at
Pirate's Cove, Corona del Mar State Beach and Little Corona Beach.
D. The designation for the West Newport and Corona del Mar Safety Enhancement
Zones shall be effective: (1) from 12:01 a.m. on the Friday before the Memorial Day
Holiday in May until 11:59 p.m. on Memorial Day ("Memorial Day"); (2) from 12:01 a.m.
on Friday until 11:59 p.m. on Monday when the Fourth of July falls on a Friday,
Saturday, Sunday or Monday; (3) from 12:01 a.m. on July 4th to 3:00 a.m. on July 5th
when the Fourth of July falls on a Tuesday, Wednesday or Thursday; (4) from 12:01
a.m. on the Saturday before the first Monday in September until 11:59 p.m. on the first
Monday in September ("Labor Day"); (5) from 12:01 a.m. on the date designated by
resolution of the City Council as first day of any Spring Break until the 11:59 p.m. on the
last day of any designated Spring Break ("Spring Break"); and (6) at other times when
designated by ordinance or resolution upon a finding that unique conditions during a
specific period of time create a significant threat to the public health, safety and welfare.
The factual basis for this designation is found in Ordinances 2026-_, 2025-3 and 2003-
5.
E. General notice of the designation of the Safety Enhancement Zone shall be
provided at the locations specified in subsections B and C no later than 6:00 p.m. on the
day preceding the effective date of the Safety Enhancement Zone, as set forth in
subsection D.
F. Specific Notice advising of the Safety Enhancement Zone designation and the
fines, penalties and provisions shall be sent before the date set forth in the City Council
resolution that designates any Spring Break, and before April 15th, June 15th, and
August 15th, to each property owner within the zone, based on the most recent property
tax records.
Section 2: Subsection (A) of Section 5.95.045 (Conditions) of the Newport
Beach Municipal Code is hereby amended to add subsection (24), which shall read as
follows:
24. If a City law enforcement officer, fire official, code enforcement officer, or other
authorized City official makes a good -faith determination that a violation of any law,
ordinance, regulation or permit condition is occurring at a unit and provides verbal
notice of the violation to any person occupying the site and to the owner's local contact,
the following persons shall appear in person at the unit within two (2) hours of such
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notice being provided: the owner of the property or the owner's agent; and a transient
user who is 25 years or older and whose name appears on the rental agreement for the
unit.
Section 3: Section 5.95.065 (Suspensions and Revocations) of the Newport
Beach Municipal Code is hereby amended to read as follows:
5.95.065 Suspensions and Revocations.
In addition to any fine or penalty that may be imposed pursuant to any provision of this
Code, a short term lodging permit for a unit may, or where required shall, be suspended
or revoked as provided in this section.
A. Suspensions/Revocations.
1. If any person violates any short term lodging permit condition two or more
times in any twelve (12) month period or any other provision of this Code, state law or
federal law, two or more times in any twelve (12) month period, and the violation relates
in any way to the unit that has a short term lodging permit, the short term lodging permit
for the unit may be suspended for a period of six months in accordance with subsection
(B) of this section.
2. In the case of a short term lodging permit for a unit that is located in a safety
enhancement zone, if there is a violation of any provision of this Code during the period
that the safety enhancement zone is in effect, the short term lodging permit for the unit
may be suspended for a period of one year or revoked in accordance with subsection
(B) of this section.
3. If a lodging unit that is subject to a short term lodging permit has been the
location of two or more loud or unruly gatherings, as defined in Chapter 10.66, while the
lodging unit was occupied on a short term basis, within any twenty-four (24) month
period, the permit may be suspended for a period of one year or revoked in accordance
with subsection (B) of this section. A loud or unruly gathering that occurred prior to the
passage of fourteen (14) days from the mailing of notice to the owner in compliance with
Section 10.66.030(D) shall not be included within the calculation of the two or more loud
or unruly gatherings required to revoke a short term lodging permit.
4. If a person violates Section 5.95.020 regarding any unit that has had a short
term lodging permit suspended pursuant to subsection (B) of this section, the short term
lodging permit for the unit may be revoked in accordance with subsection (B) of this
section.
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5. If any person violates any short term lodging permit condition or any other
provision of this Code, state or federal law within six (6) months of having a previously
suspended short term lodging permit reinstated for a unit, and the violation relates in
any way to the unit that has the short term lodging permit, the short term lodging permit
for the unit may be revoked in accordance with subsection (B) of this section.
6. If any person violates any short term lodging permit condition three or more
times in any twelve (12) month period or provision of this Code, state or federal law
three or more times in any twelve (12) month period, and the violation relates in any
way to the unit that has a short term lodging permit, the short term lodging permit for the
unit may be revoked in accordance with subsection (B) of this section.
7. If any person fails to collect and remit transient occupancy tax or the visitor
service fee in accordance with the requirements of this chapter, Chapter 3.16 or 3.28 in
regards to any unit that has a short term lodging permit, two or more times within any
thirty-six (36) month period, the short term lodging permit for the unit may be revoked in
accordance with subsection (B) of this section.
8. If any person is determined to have provided false information on an
application for an annual short term lodging permit, or renewal thereof, the short term
lodging permit for the unit may be revoked in accordance with subsection (B) of this
section.
9. If the preponderance of the evidence shows that any person has violated
any of the rules, regulations or laws set forth in subsection (A)(9)(a) during a high -risk
period, as defined in subsection (A)(9)(b) of this section, and the violation relates in any
way to the unit that has a short term lodging permit, the short term lodging permit for the
unit shall be revoked in accordance with subsection (B) of this section.
a. For purposes of this subsection, the applicable rules, regulations
and laws are as follows: Chapters 6.40 (Prohibition of Sale Distribution and Use of
Nitrous Oxide), 10.24 (Discharge of Weapons -Permission Required), 10.28 (Loud and
Unreasonable Noise), 10.58 (Police Services at Large Parties, Gatherings or Events on
Private Property), or 10.66 (Loud and Unruly Gatherings) of this Code; Sections
5.95.045 (A) (2), (4), (5), (6), (10), (12), (17), (18), (21), or (24) (Conditions), 5.95.047
(A) (1), (4), (5), or (6) (Violations of Permit Conditions by Transient User, Occupant or
Guest), 9.04.420 (Amendments to Section 5601.1.3 Fireworks), or 10.12.020
(Interference) of this Code; California Business and Professions Code Section 25658;
California Penal Code Sections 69, 148(a), 148.9, 243 (b) (c), 272, 415, 416, 29610,
22210, or 21510; Health and Safety Code Sections 12677, or 11357; and any law
punishable as a felony.
Ordinance No. 2026-2
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b. For purposes of this subsection, a "high -risk period" shall include
the following: (1) from 12:01 a.m. on the Friday before the Memorial Day Holiday in May
until 11:59 p.m. on Memorial Day ("Memorial Day"); (2) from 12:01 a.m. on Friday until
11:59 p.m. on Monday when the Fourth of July falls on a Friday, Saturday, Sunday or
Monday; (3) from 12:01 a.m. on July 4th to 3:00 a.m. on July 5th when the Fourth of
July falls on a Tuesday, Wednesday or Thursday; (4) from 12:01 a.m. on the Saturday
before the first Monday in September until 11:59 p.m. on the first Monday in September;
(5) from 12:01 a.m. on the date designated by resolution of the City Council as first day
of any Spring Break until the 11:59 p.m. on the last day of any designated Spring Break;
and (6) at other times when designated by ordinance or resolution upon a finding that
unique conditions during a specific period of time create a significant threat to the public
health, safety and welfare.
Where a violation or set of violations qualifies for suspension or revocation under
more than one subsection, the subsection that imposes the most severe penalty,
including mandatory revocation, shall control.
B. Permits shall be suspended or revoked only in the manner provided in this
section.
1. The Administrative Services Director shall investigate whenever he or she
has reason to believe that an owner has submitted an application that contains false
information or committed a violation of a permit condition, this Code, or state or federal
law related to a permitted unit. Such investigation may include, but is not limited to, on -
site property inspections. Should the investigation reveal substantial evidence to
support a finding that warrants a suspension or revocation of the short term lodging
permit, the Administrative Services Director shall issue written notice of intention to
suspend or revoke the short term lodging permit. The written notice shall be served on
the owner in accordance with Section 1.08.080, and shall specify the facts which, in the
opinion of the Administrative Services Director, constitute substantial evidence to
establish grounds for imposition of the suspension and/or revocation, and specify the
proposed time the short term lodging permit shall be suspended and/or that the short
term lodging permit shall be revoked within thirty (30) days from the date the notice is
given, unless the owner files with the Administrative Services Director, before the
suspension or revocation becomes effective, a request for hearing before a hearing
officer, who shall be retained by the City, and pays the fee for the hearing established
by resolution of the City Council. Subject to subsection (E) of this section, failure to file a
timely request for hearing and pay all applicable fees shall result in the suspension or
revocation of the permit.
2. If the owner requests a hearing and pays the hearing fee, established by
resolution of the City Council, within the time specified in subsection (13)(1) of this
Ordinance No. 2026-2
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section, the Administrative Services Director shall serve written notice on the owner,
pursuant to Section 1.08.080, setting forth the date, time and place for the hearing. The
hearing shall be scheduled not less than fifteen (15) days, nor more than sixty (60)
days, from the date on which notice of the hearing is served by the Administrative
Services Director. The hearing shall be conducted according to the rules normally
applicable to administrative hearings. At the hearing, the hearing officer will preside over
the hearing, take evidence and then submit proposed findings and recommendations to
the City Manager. The City Manager shall suspend or revoke the short term lodging
permit only upon a finding that a violation has been proven by a preponderance of the
evidence, and that the suspension or revocation is consistent with the provisions of this
section. The City Manager shall render a decision within thirty (30) days of the hearing,
and the decision shall be final as to the City but subject to judicial review pursuant to
California Code of Civil Procedure Section 1094.5.
C. If a short term lodging permit is suspended, it shall be the owner's responsibility to
vacate any future bookings and remove all advertisements related to the short term
rental of the unit during the term of the suspension. If a short term lodging permit is
revoked, it shall be the owner's responsibility to vacate any future bookings and remove
all advertisements related to the short term rental of the unit.
D. After any suspension, the owner may reapply for reinstatement of the short term
lodging permit which shall be processed in accordance with Section 5.95.030, provided
the owner has paid the City all amounts owed the City in accordance with this chapter
and Chapters 3.16 and 3.28.
E. The Administrative Services Director may extend the deadlines set forth in this
section if the Administrative Services Director determines that good cause has been
shown to extend the deadline.
Section 4: Section 11.08.020 (Use of Shade Coverings) of the Newport Beach
Municipal Code is hereby amended to read as follows:
11.08.020 Use of Shade Coverings.
A. Unless authorized by the City Council, City Manager, authorized City personnel
or a special event permit, no person shall install, erect or maintain any shade covering
on any ocean beach, bay beach, public park adjacent to an ocean or bay beach, or
tideland that:
1. Is connected, attached, or tied in any manner to another shade covering.
2. Is positioned so that both the base and the outer edge of the canopy,
fabric, or covering are located less than five (5) feet from the base or outer edge of any
Ordinance No. 2026-2
Page 9 of 11
other shade covering. The required separation shall be measured horizontally from the
closest point of the canopy, fabric or covering and from the closest point of the base,
pole, frame, or anchoring point.
3. Is grouped, arranged or positioned to allow multiple shade coverings to
function as a single structure or to expand the usable shaded area, regardless of
whether the individual shade covering meets the spacing requirements set forth in this
section.
4. Is not sufficiently anchored to prevent displacement by wind or tides. No
ropes, cords, guy lines, stakes, or similar devices may extend beyond the perimeter of
the shade covering, and improvised anchors including, but not limited to, concrete
blocks, buckets, coolers, or water -filled containers, are prohibited.
5. Exceeds six (6) feet in height or six (6) feet in width at its widest point.
6. Is closed to public view on more than one side or obstructs line -of -sight
access from the surrounding beach or shoreline.
7. Is located within fifty (50) feet of any lifeguard tower, emergency access
point, or public access point. Proximity shall be measured horizontally from the nearest
point of the shade covering to the base/edge of any lifeguard tower, emergency access
point, or public access point.
8. Interferes with a lifeguard's ability to observe the water or adjacent
lifeguard towers.
9. Prohibits reasonable ingress and egress on any ocean beach, bay beach,
public park adjacent to an ocean or bay beach, or tideland. Such areas shall be clearly
marked by City personnel or City contractors through signage, cones, flags, painted
markings, or other visible means indicating that the area is reserved for ingress and
egress.
10. Is placed in proximity to a fire ring so as to create a fire hazard. The
reasonableness of proximity shall be determined by existing conditions. Under no
condition shall a shade covering be within ten (10) feet of any exposed fire.
B. Shade coverings shall only be erected, maintained, or occupied on any ocean
beach, bay beach, public park adjacent to an ocean or bay beach, or tideland during
daytime hours (6:00 a.m. to 7:00 p.m.) and only when a responsible person is present in
the immediate vicinity.
C. A shade covering shall be immediately removed during hazardous weather
conditions, high wind advisories, emergency operations, or when otherwise directed by
Ordinance No. 2026-2
Page 10 of 11
a fire official, lifeguard, law enforcement officer, or other authorized City personnel for
public safety reasons.
D. Any shade covering that violates subsections A (7) through A (10) or C of this
section, shall be immediately relocated at the request of a fire official, lifeguard, law
enforcement officer, or other authorized City personnel. Failure to immediately comply
with a request to relocate shall constitute a violation of this section.
E. For purposes of this section the term "shade covering" shall include any
umbrella, canopy, or other shade structure.
Section 5: The recitals provided in this ordinance are true and correct and are
incorporated into the substantive portion of this ordinance.
Section 6: If any section, subsection, sentence, clause or phrase of this
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 Ordinance. The
City Council hereby declares that it would have passed this 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 7: The City Council of the City of Newport Beach finds the introduction
and adoption of this ordinance is exempt from environmental review under the California
Environmental Quality Act ("CEQA") pursuant to Section 15060(c)(2) of the CEQA
Guidelines, California Code of Regulations, Title 14, Division 6, Chapter 3, which states
that an activity is not subject to CEQA if "[t]he activity will not result in a direct or
reasonably foreseeable indirect physical change in the environment".
Section 8: Except as expressly modified in this 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.
Ordinance No. 2026-2
Page 11 of 11
Section 9: The Mayor shall sign and the City Clerk shall attest to the passage
of this ordinance. The City Clerk shall cause the ordinance, or a summary thereof, to be
published pursuant to City Charter Section 414 and shall become final thirty (30) days
after adoption.
This ordinance was introduced at a regular meeting of the City Council of the City of
Newport Beach held on the 10th day of February 2026, and adopted on the 24th day of
February 2026, by the following vote, to -wit:
AYES: Mayor Kleiman, Pro Tern Blom, Councilmember Barto,
Councilmember Grant, Councilmember Stapleton,
Councilmember Weber, Councilmember Weigand
NAYS: None
ABSENT: None
Lauren Kleiman, Mayor
ATTEST:
Lena Shumway it Clerk
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Aaron C. Harp
STATE OF CALIFORNIA }
COUNTY OF ORANGE } ss.
CITY OF NEWPORT BEACH }
I, Lena Shumway, City Clerk of the City of Newport Beach, California, do hereby certify that the
whole number of members of the City Council is seven; that the foregoing ordinance, being Ordinance
No. 2026-02 was duly introduced on the 10th day of February, 2026, at a regular meeting, and adopted by
the City Council at a regular meeting duly held on the 24th day of February, 2026, and that the same was
so passed and adopted by the following vote, to wit:
AYES: Mayor Lauren Kleiman, Mayor Pro Tern Blom, Councilmember Michelle Barto,
Councilmember Robyn Grant, Councilmember Joe Stapleton, Councilmember
Sara J. Weber, Councilmember Erik Weigand
NAYS: None
ABSENT: None
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of said
City this 25th day of February 2026.
k SEW PORT/,, a
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u Lena Shumway
cNAP City Clerk
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`'FOR City of Newport Beach, California
CERTIFICATE OF PUBLICATION
STATE OF CALIFORNIA }
COUNTY OF ORANGE } ss.
CITY OF NEWPORT BEACH }
I, Lena Shumway, City Clerk of the City of Newport Beach, California, do hereby certify that
Ordinance No. 2026-1 has been duly and regularly published according to law and the order of the City
Council of said City and that same was so published in the Daily Pilot, a newspaper of general circulation
on the following dates:
Introduced Ordinance: February 14, 2026
Adopted Ordinance: February 28, 2026
In witness whereof, I have hereunto subscribed my name this 16th day of February, 2026.
Q SEW POST
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u yam,_= s Lena Shumway
c�tIFORN�P City Clerk
City of Newport Beach, California