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
'