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Home My Public Portal About18 9.C. Second Reading and Sdoption of of Ord. No. 13-982 Correcting Ord. Section Numbering Errors in Ordinance No. 13-975 Pertaining to HookahSmoke Lounge LaungageCOMMUNITY DEVELOPM E NT DEPARTMENT MEMORANDUM DATE: December 3, 2013 TO: The Honorable City Council FROM: Jose E. Pulido, City Manager% By: Mark Persico, AICP, Community Development Director Via: Geoffrey Starns, AICP, Planning Manager AG·ENDA ITEM 9.C. SUBJECT: SECOND READING AND ADOPTION 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 waive further reading and adopt Ordinance No . 13-982 (Attachment "A"), 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. BACKGROUND: On November 19, 2013, the City Council held a public hearing on the proposed code amendment, and introduced Ordinance No. 13-982 (See Attachment "B" for original staff report). ANALYSIS: At the November 19, 2013 City Council Meeting there were no comments by the City Council or the members of the public, and no changes to the ordinance were made. Adopting Ordinance No. 13-982 will correct the identified 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. City Council December 3, 2013 Page 2 of 2 CONCLUSION: The City Council is requested to adopt Ordinance No. 13-982 to correct the numbering errors in Ordinance No. 13-975. FISCAL IMPACT: There is no fiscal impact for this ordinance as it merely corrects section number errors in the previously adopted Ordinance No. 13-975. ATTACHMENTS: A Ordinance No. 13-982 B. November 19, 2013 City Council Staff Report 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-cigaretteNaporizer 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-cigaretteNaporizer 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 3RD DAY OF DECEMBER, 2013. MAYOR ATTEST: APPROVED AS TO FORM: City Clerk City Attorney Ordinance 13-982 Code Amendment Tobacco Shop/E-Cigarette Page 2 of 2 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 19'" day of November 2013, its second reading on 3rd day of December, 2013, and was duly passed, approved and adopted by said Council at the regular meeting held on 3rd day of December, 2013 by the following vote: AYES: NOES. ABSENT: ABSTAIN: City Clerk 2 ATTACHMENT 8 CO MMUNITY DEVE l OPM ENT DEP AR TM EN Y MEMORAN DUM DAT E: November ·19, 20 13 TO: The Ho norab le C ity Co uncil FROM: Jose E. Pu Hdo f:'y By : Mark Per~ AIC P, Co mmunity Development Director Via: Hesty Liu, AICP, Associate Planner SUBJECT: FIRST READING AND INTRODUCTION OF ORDINANCE NO. 13-982 CORRECTING ORDINANCE SECTION NUMBERING ERRORS IN ORDINANCE NO. 13-975 PERTAINING TO HOOKAH/SMOKE LOUNGE LANGUAGE RECOMMENDATION: The City Co u ncil 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 Ordinance No. 13-982 for Decembe r 3, 2013. BACKGROUND: 1. On August 6, 2013, the City Council adopted Ordina nce No . 13-975 which modified Section 9202 of Article F ("Z one Variances and Conditional Use Permits'') of Chapter 1 ("Zoning Code") of Title 9 ("Zoning Regulations") of the Municipal Code , adding "tobacco shop" and " E-oigaretteNaporizer sto re" t o t he list o'f items tl1at require a Conditional Use Permit; The Ordinance also modified Article T ("Spec ial Uses") of Chapter 1 ("Zoning Code") of T itl e 9 ("Zoning Regu lations") of the Municipal Code, adding Section 9453 a nd Section 9454 to establish regulations for tobacco, E- cigaretteNaporizer businesses. 2. On September 3, 2013, t he City Council adopted Ordinance No. 13-972 Wllich modified the Temple City M un ici pal Code by adding severa l new code sections includi ng Section 9454 t o implement programs outlined in the 2008-2014 Housing 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. 8NALYSIS: 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. i 3-982 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 lor 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