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HomeMy WebLinkAbout241 - Dividing City Into Districtsi 5� ORDINANCE NO. 240 ATRR¢ FFa E BOARD OF THE CITY SHALL BE KNOWN AND CALLED. The Board of Trustees of the City of Newport Beach do ordain as fol- lows: SECTION ONE That certain alley lying between Blocks 118 and 218 as said Blocks and alley are laid out and shown upon a' Map of Section B— Newport Beach, as recorded in Miscellaneous Maps Book 4, page 27, Records of Orange County, California, and extending from the easterly line of 19th. Street to the westerly line of 18th. Street shall hereafter be called Vilelle Place and the name of said alley hereinbe- fore described is hereby declared to be "Vilelle Place ". SECTION TWO. The City Clerk shall certify to the passage of this ordinance and cause the same to be pubished by one in- sertion in the Newport News, a week- ly newspaper printed, published and circulated in said City and hereby designated for that purpose. Passed and approved this 13th day bf August, 1923. J. J. SCHNITKER President of the Board of Trustees. )ATTEST: ALFRED SMITH City Clerk. State of California County of Orange ss. City of Newport Beach I, Alfred Smith, City Clerk of the City of Newport Beach do hereby certify that the foregoing ordinance being Ordinance No. 240 was adopted by the Board of Trustees, signed by the President of said Board and at- tested by the City Clerk all at a regu- lar meeting of said Board held on the 13th. day of August, 1923, and that the same was adopted by the following vote, to -wit: AYES, Trustees, J. J. Schnitker, H. C. Sloan, Gen. P. Wilson, Conrad Richter, L. S. Wilkinson. NOES, Trustees, none. ABSENT, Trustees, none. ALFRED SMITH City Clerk of the City of Newport Beach. ORDINANCE No. 241 SECTION 1. (a.) That portion of the city of AN ORDINANCE OF THE CITY OF I Newport Beach consisting of an is- land in Newport Bay, commonly. PORTION OF SAID CITY INTO,kunwn as, designated, and called IIISTRICTS, DESCRIBING THEIBalboa Island, and which is , as per of Section 1, Balboa I Cher as per SAME, DECLARING THE CARRY• map of a resubdivision thereof re- ING ON OF CERTAIN TRADES OR corded in Book 6, page 30, Bectlon 2, CALLINGS AND THE ERECTIONI Balboa Island, as per map torrent CONSTRUZTION OR NA TEN" recorded in Book 6, page 31; Section ANCE OF CERTAIN BUILDINGS 3, Balboa Island, as per map there - THEREIN TO BE UNLAWFUL, of recorded in Book 7, page 15; Sec - PROVIDING FOR THE DESTRUC• tion 4, Balboa Island, as per map, TION OF ANY SUCH BUILDINGS thereof recorded in Book 7, page 87, AND A. PENALTY FOR ALL VIO• and Section 5, Balboa Island, as per LATIONS OF THIS ORDINANCE. I map thereof recorded in Book 8, pa,e 9, all oY Miscellaneous :daps, Whereas, there is no city planning: Records of Orange County, California, commission in the City or Newport stall constitute and is hereby crca.tcd Beach, and the Boerd of Trustees and declared to be District No. 1, ex- thereof, after the holding of a rub- cept that portion of said Balboa I%- land hearing, made a tentative report land immediately hereinafter des - concerning the ,I ;v;f:lon of a portion erlbed and which shall constitute of the city of Newport Beach into Iii ^irict No. `2. I istricts; a(b) All that portion of said Bal- Whereas, after the making of said, boa Island, described as commencing !tentative report the Board of Trus -' at the point where the Center line of tees submited a final report concern - Pearl Avenue produced southerly mg said matter and fixed the hour of tide of intersects of the the line of ordinary- low 7:30 o'clock P. M. of Saturday, the tide Ocean in New - 4th day of August, 1923, at the council port Bay; thence northerly along chamber of the Board of Trustees of said produced center nue and the point city of Newport Beach, in the City ter line a Pearl Avenue to the point Hall thereof, as the time and place whist the same is intersected en the when and where all persons parti- center line of st alley extending cularly interested and the general easterly and westerly along, rmerI- public would be afforded an oppor- line and parallel with me norrnerlk IfuS of Lots 1 to 6, inclusive, of Block' [unity a he heard; m Section 1 of bdMid Island, of per Whereas, notice of hearing, specs- map of a resubdi�lsion thereof re- 1­1 :1.e " ^- - -d place so fixed. corded in Book 6, page 30 or Mis- and - inviting all persons particulal'ly cellaneous Maps, records or Orange interested and the general public'to County, California; thence easterly be present thereat, and be heard, was, along the center line of said alley to within the week within which said the point where It unites with the meeting was to be held, there being,, center line of an alley extending, no daily newspaper, published once northerly through said Block 7; in NEWPORT NEWS, a local weekly thence northerly along the center' newspaper of general circulation line of said alley to the southerly printed, published, and circulated in line of Park Avenue; thence north the city of Newport Beach and the erly across Park Avenue and along newspaper designated by the Board the center line of an alley extending of Trustees for that purpose; northerly through Block 8 of said Whereas, at the time ars place Section 1 to the point where the cen- so fixed and in said notice specs -'ter line of said alley is intersected by tied, the Board of Trustees of the the northerly line of Lot 22, said Block .City of Newport Beach were duly 8 produced westerly; thence south - �convened in regular session and all easterly and along the northerly line persons particulary interested and of said Lot 22 and across Agate Ave - the general public were then and nue and along the northerly line of there afforded an opportunity to be ILot 26, Block 10, of said Section 1 heard, and no person appeared to ob- and the northerly line of Lot 26 pro- ject or did object to the final report,'duced easterly to its intersection and the same was adopted and ap- with the center line of an alley ex- proved, filed with the Clerk of the tending southerly through said city of Newport Beach; Block 10; thence southerly along the Whereas, it is necessary for 'the center line of said alley to the north= I,public interest, health, comfort, con- erly line of Park Avenue; tleence (venience, safety, order and public ,cross .Park Avenue and along the �w,elfarn to do so: centejt. line of the alley extending Thb Boar. of Trustees of the. city south&IF through.,Block 9, said -Sec - .f w9-" t Hea�h do ordain as gol- Lion ! to that, 'lit where it Inter - ,�. _ _, aset8 s'e,Bt E =Lae of the ,Qey ea -. tOiwing easterly and westerly along,' adjoining, and parallel with the, northerly line of Lots 1 to 6, inclu- sive, said Block 9 of Section 1; thence easterly along the center line of said alley to the point where it is intersected by the center line of Opal Avenue; thence southerly along the center line of Opal Avenue and the center line thereof produced southerly to the point where it inter- sects the line of ordinary low tide in Newport Bay; thence northwesterly along and pursuing the line of ordi- nary low tide in Newport Bay to the point of beginning; Also commencing at the point where the center line of Central Avenue is intersected by the pro - duced center line of the alley extend- ing northerly and southerly through' Block 12, Section 4, Balboa Island, as per map thereof recorded in Bookl 7, page 37 Miscellaneous Maps, re- cords of Orange County, California; thence easterly along the center line of Central Avenue to the point where it is intersected by the produced cen- ter line of the alley, extending north- erly and southerly through Block 11, said Section 4; thence southerly a- long the center line of said alley to the point where it intersects the center line of Park Avenue; thence westerly along the center line of Park Avenue to the point where it is in- tersected by the center line of the alley extending northerly and south- erly through said Block 12, Section 4; thence north along the center line of said alley to the point of beginning, shall constitute and is hereby created and declared to be District No. 2. SECTION 2. It is hereby declared to be unlaw- ful, is prohibited, and shall Gonsti -' tute a misdemeanor for any person,' association of two or more persons,' firm, co- partnership, or corporation, either as owner, agent, servant, or employee of another, to carry on, conduct, or commence to carry on, or to maintain within District No. 1 or District No. 2 as said districts are described in Section 1. of this Or- dinance, any of the following trades, callings, or occupations: Soap factory, glue factory, fertili- zer factory, fish, fruit or meat cann- ing or packing establishments, or place for the treatment drying, or curing of fish, fruit or meats, rock crushers, smelter, cement plant, iron foundry, stone or ore reduction works, oil refinery, oil or gasoline storage tanks or wholesale distribut- ing station, lumber yard, planing mill, sash and door factory, box rectory,' steam or other power operated laun- dry, blast furnace, glass furnace, or plant, carpet weaving or cleaning ,.works, stock yard, feed or sale stable J -ice SECTION -3. and dfstinet offense. - It is hereby declared unlawful, Is SECTION 8. ! and shall constitute a Every person who shall carry on (prohibited, misdemeanor for any person, associa- or conduct any trade, calling or cc- tion of two or more persons, firm. cupation within district No. f or co- partnership, or corporation, either District No. 2 which es by tine Or- - as owner, or as the 'agent, servant, dinance declared to be unlawful, when or employee of another, to erect or carried on or conducted therein, or construct, or to commence the erec- who shall commence or continue the tion or construction, or to maintain carrying on thereof, is and snail be any building or structure within guilty of a misdemeanor and each day - District No. 1 or District No. �, with -that any person shall continue in _ in which to carry on, or designed for -carrying on or conducting any such the purpose of carrying on, any one trade, calling, or occupation shall . or more of the trades, callings, or oc- constitute a different, seperate, and cupations declared by Section 2 of distinct offense. this ordinance to be unlawful, pro- SECTION 9 hibited, and to constitute a misde- No trade, calling, or occupation be- ' megiior whon carried on or conduct- ing actually and in good rants carried ed within said districts. on or conducted, or building, erect- `+ SECTION 4. ed or constructed in eaner DiatrtcE It is hereby declared unlawful, is No. 1 or District No. 2, at the date prohibited, and shall constitute a this Ordinance takes effect shall be misdemeanor for any person, associa- affected by any of the provis:ons thereof, provided, however, that no tion of two or more persons, firm, cc- partnership, or corporation, either such building or structure shall 1ant as owner, or as the agent, servant, or thereafter be enlarged or used for employee of another, to carry on, other or different trade, ca:ting, conduct, or commence to carry on, orj or occupation the same cecinred to maintain within District No. 1, as; unlawful by thi s Ordinance. . - described by Section 1 of this Ordin -f SECTION 10. ante, any of the following trades;- Every person who shall do or com- callings, or occupations, to wit: _ mit any act declared unlawful and - Public garage for the parking ors prohibited by this Ordinance, and storing of automobiles, plumbing: therein declared to be a misdemeanor, shop, boat building or boat repair or who fails, neglects, or refuses to shop macbine` -shop, places -fi His do any act required of such person to - ' remodeling or repair of automobiles, be done by this Ordinance, shall, up- motors, or other machinery, retail on conviction thereof by a court of grocery store, drug store, hardware competent jurisdiction, be punished - store, dry goods store, meat market, by a fine not exceeding $250.00, or by - general merchandise store; provided, imprisonment for not exceeding 75 - days, that it shall not be unlawful to carry or by both such fine and im- Ion and conduct any such businesses prisonment in the discretion of the i in District No. 2. court. SECTION 5. It is hereby declared unlawful, is SECTION 11. If any sections, sub - sections, sen- I prohibited, and shall constitute a mis -. tence, clause, or phrase of tins Or- ;demeanor for any person, associa -- dinance is for any reason held to be Lion of two or more persons, firm, unconstitutional, in violation of law, copartnership, or corporation, or inoperative, such decision snail not either as owner, or as the agent, sect- affect the - f validity o the remaining portion of this Ordinance. - vaut, or employee of another, to erect, or construct or to The Board of Trustees of the city Of Newport - commence the erection or construction, or to main- Beach hereby declares that it would - tain any building or structure in Dis- have passed this Ordinance and each -trict No. 1 within which to carry on section, sub - section, sentence, clause, and phrase thereof irrespective or designed for the purpose of 'carrying on, any one or more of the of the fact that any one or more other sec - trades, callings or occupations de- tions, sub - sections, sentences, clauses, - clared by Section 4 of this Ordinance or phrases be declared unconstitu- - - to be unlawful, Prohibited, and to tional, in violation of law, or inopera- - . constitute a misdemeanor, when tive. _ - carried on or conducted within said SECTION 12. District No. 1, This Ordinance shall be published - SECTION 6. once in NEWPORT NEWS, a news - No officer of the city of Newport f Newport paper of general circulation printed, Beach shall Issue a permit or t published, and circulated in the City , Newport Beach, and take ty of any character, or to any person, shall ee- f e sect and be 1n force thirty days after natural or artificial, for the construc- Its passage. tion, erection, or alteration of any . buildings or structures in District No. I hereby certify that the foregoing 1 or District No. 2, the erection, con - Ordinance No. 241 was dust before -truction, or maintenance of which building ed of t the Board of Trusteees s of the ciIy °i Newport Beach at regular or structure is by this Or- dinance declared unlawful therein, me meeting thereof bell the 6th day and every building or structure erect- oe August, passed and passed at a - ed in either of said districts, the erec- of meeting of said Board of rue us- don, construction or maintenance of tee tees held on the 13th. day of August, g which is by the terms or this Cram- 1923, by the affirmative vote of the ance declared unlawful, shall be and following named members of the iconstitute a nuisance and shall be abated by the complete said Board: AYES, Trustees, J. J.. Schnitker, H. des-ruction and removal of such building or C' Sloan, Geo. P. Wilson, oonrad structure. Rfchter, L. S. Wilkinson. SECTION 7. NOES, Trustees, none. Every person, who directly or in- ABSENT, Trustees, none. directly, commences or continues the ATTEST: ALFRED SMITH . erection or construction of or main- Clerk of the city of Newport Beach. tains any building or structure In -dis - The above and foregwrg Ordin- trict No. 1. or district No. 2 which is . ance No. 241 having been duly passed by this ordinance declared to De un- by the Board of Trustees of the city lawful to erect, construct or main - I of Newport Beach this 13th. day of - tain therein, Is and shall be guilty oe August, 1923, is hereby argued and a misdemeanor, and each and every ;approved by mp. - day that any such building or strut. J. J. SCHNITKER - - ture or -Axny part ihersof, is. main- - President —Board of Trustees. City - - taened1W- zrm eallfs 'flied, Is and Of Newport Beach, sh�li'donetftuke a �Yrenr, separate '