HomeMy Public PortalAbout9.B. Intro and First Reading of Ordinance No. 13-982 Correcting Ordinance Section Numbering Errors in Ordinance No. 13-975COMMUNITY DEVELOPMENT DEPARTMENT
MEMORANDUM
DATE: Novembe r 19, 2013
TO: Th e Honorable City Council
FROM : Jose E. Pulido Q
By: Mark Pers1co, AICP, Community Development Director
Via: Hesty Liu, AICP, Associate Planner
AGENDA
ITEM 9.8.
SUBJECT: FIRST READING AND INTRODU CT ION OF ORDINANCE NO. 13-982
CORRECTING ORDINANCE SECTION NUMBERING ERRORS IN
ORDINANCE NO. 13-975 PERTAINING TO HOOKAH/SMOKE LOUNGE
LANGUAGE
RECOMMENDATION:
The City Council is requested to:
a) Introduce Ordinance No. 13-982, for first reading by title only, correcting code
section numbering errors in Ordinance 13-975 by amending the section numbering
as follows: change Section 9453 to 9452 and change Section 9454 to 9453;
b) Waive further reading of Ordinance No. 13-982; and
c) Schedule the second reading of Ord in ance No. 13-982 for December 3, 2013.
BACKGROUND:
1. On August 6, 2013, the City Council adopted Ordinance No. 13-975 which modified
Section 9202 of Article F ("Zone Variances and Conditional Use Permits") of Chapter
1 ("Zoning Code") of Title 9 ("Zoning Regulations") of the Municipal Code, adding
"tobacco shop" and " E-ci garetteNaporizer store" to the list of items that require a
Cond iti onal Use Permit; The Ordinance also mod ified Article T ("Special Uses") of
Chapter 1 ("Zoning Code") of Title 9 ("Zoning Regulations") of the Municipal Code,
adding Sectio n 9453 and Section 9454 to estab lish regulations for tobacco, E-
cigaretteNaporizer businesses .
2. On September 3, 2013, the C ity Cou ncil adopted Ordinance No. 13-972 w hi ch
modified the Temple City Municipal Code by adding seve ral ne w code sections
inc luding Section 9454 to impl ement programs outlined in the 2008-2014 Housin g
City Council
November 19, 2013
Page 2 of 2
Element.
3. On October 16, 2013, the City's codifier (i.e., Sterling Codifier) contacted the City
Clerk with questions regarding the section numbering within Ordinances No. 13-975
and 13-972. Both ordinances created a new Municipal Code Section 9454.
ANALYSIS:
The City Attorney's office determined the best method of correcting the error is to
renumber the sections in Ordinance 13-975 as follows: 1) Change Section 9453 to
9452; 2) Change Section 9454 to 9453 and leave Ordinance 13-972 as is. The City
Attorney advised staff to bring a clean-up ordinance fixing the section numbering so
that there are no duplicate section numbers referenced by two different ordinances.
The City Council is requested to adopt Ordinance No. 13-982 to correct the numbering
errors in Ordinances No. 13-975. No other changes are proposed through the adoption
of Ordinance No. 13-982.
CONCLUSION:
Adopting Ordinance No. 13-982 will correct the identi.fied duplication of numbering for
the Zoning Code that resulted from the two recent code amendments. It will also enable
the Codifier to properly incorporate the newly adopted amendments into the Zoning
Code document published online.
FISCAL IMPACT:
There is no fiscal impact for this ordinance; it merely corrects section number errors in the
previously adopted Ordinance No. 13-975.
ATTACHMENT:
A. Ordinance No. 13-982
CITY OF TEMPLE CITY
ORDINANCE NO. 13-982
ATTACHMENT A
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY AMENDING
SECTION NUMBERS IN ORDINANCE NO. 13-975 REGARDING REGULATIONS FOR
TOBACCO SHOPS, E-CIGARETTENAPORIZER STORES, AND CLOSELY-RELATED
BUSINESSES
WHEREAS, on August 6, 2013, the City Council adopted Ordinance No. 13-975
modifying Section 9202 of Article F (Zone Variances and Conditional Use Permits) of Chapter 1
(Zoning Code) of Title 9 (Zoning Regulations) of the Municipal Code, adding "tobacco shop" and"
E-cigarette/Vaporizer store" to the list of items that require a Conditional Use Permit; The
Ordinance also modified Article T (Special Uses) of Chapter 1 (Zoning Code) of Title 9 (Zoning
Regulations) of the Municipal Code, adding Section 9453 and Section 9454 to establish
regulations for tobacco, e-cigarette/Vaporizer businesses; and
WHEREAS, on September 3, 2013, the City Council adopted Ordinance No. 13-972
amending the Temple City Municipal Code by adding several new code sections including
Section 9454 to implement programs outlined in the 2008-2014 Housing Element; and
WHEREAS, the City of Temple City Municipal Code codifier discovered the duplicate
numbering and notified the City Clerk's Office on October 16, 2013.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TEMPLE CITY HEREBY
ORDAINS AS FOLLOWS:
SECTION 1: Section 9453 (TOBACCO/E-CIGARETTE STORE) of Ordinance No. 13-
975 is hereby renumbered to Section 9452.
SECTION 2: Section 9454 (HOOKAH/SMOKE LOUNGE) of Ordinance No. 13-975 is
hereby renumbered to Section 9453.
SECTION 3: This Ordinance shall be effective on the 31" day after adoption.
SECTION 4: The City Clerk, or her duly appointed deputy, shall attest to the adoption
of this Ordinance, and shall cause this Ordinance to be posted in the manner required by law.
PASSED, APPROVED, AND ADOPTED THIS __ DAY OF DECEMBER, 2013
MAYOR
ATTEST: APPROVED AS TO FORM:
City Clerk City Attorney
Ordinance 13-982
Code Amendment Tobacco Shop/E-Cigarette
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I, Peggy Kuo, City Clerk of the City of Temple City, hereby certify that the foregoing
Ordinance No. 13-982 was introduced at the regular meeting of the City Council of the City of
Temple City held on the 191
" day of November 2013, its second reading on __ day of December,
2013, and was duly passed, approved and adopted by said Council at the regular meeting held on
__ day of December, 2013 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
City Clerk
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