Myers v. Stringham

THE COURT.

The petitioner seeks a writ of mandate to compel the city clerk of the city of Berkeley to examine and certify as sufficient a petition prepared and presented under the initiative provisions of the city charter; also to compel the city council to adopt a proposed ordinance set forth in the petition or in the event the proposed ordinance be not adopted to submit the same to a vote of the electors of the city as provided by law. The proposed ordinance purports to amend Ordinance No. 666, N. S., which is the city’s general zoning ordinance, by adding a new subsection to section 3 to be known as subsection (a-59), and by re

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pealing subsection 30 of section 7 of said ordinance. The purpose of the amendment as shown by the petition herein is to reclassify certain property on Dwight Way near Grove Street. Section 1 of the proposed ordinance provides "That Ordinance No. 666, N. S., entitled: ‘An ordinance regulating and districting the location of residences, trades, industries, businesses and the several classes of public and semi-public buildings, and the location of buildings designed for specified uses, and establishing the boundaries of districts for the said purposes, and repealing certain existing ordinances or portions thereof, ’ be and the same is hereby amended by adding thereto a new subsection to Section 3 to be known as Subsection (a-59) to read as follows: Subsection (a-59). Beginning at the point of intersection of the western line of Grove Street and the southern line of Dwight Way, running thence westerly along said southern line of Dwight Way one hundred and fifteen (115) feet; thence one hundred twenty-nine and 69/100 (129.69) feet southerly parallel with said western line of Grove street; thence easterly one hundred and fifteen (115) feet to said western line of Grove -Street; thence- northerly along said western line of Grove Street to the place- of beginning; also

“Beginning at the point of intersection of the western line of Grove street and the northern line of Dwight Way, running thence westerly along said northern line of Dwight Way one hundred thirteen and 60/100 (113.60) feet; thence northerly one hundred thirty-four and 80/100 (134.80) feet parallel to said western line of Grove Street; thence easterly one hundred thirty-eight and 83/100 (138.83) feet parallel to said northern line of Dwight Way to the said western line of Grove Street; thence southerly along said western line of Grove Street to the place of beginning. ’'