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ORDINANCE NO. 2003 -16 <br />AN ORDINANCE OF THE CITY COUNCIL OF THE CITY <br />OF NEWPORT BEACH AUTHORIZING PROCEDURES <br />FOR ISSUANCE OF A SPECIAL CIRCUMSTANCE <br />VARIANCE <br />WHEREAS, the Newport Beach City Charter vests the City Council with the authority to <br />make and enforce all laws, rules and regulations with respect to municipal affairs subject <br />only to the restrictions and limitations contained in the Charter and the Constitution; and <br />WHEREAS, the City Council has the authority to make and adopt regulations and permit <br />procedures for development of property within the City of Newport Beach and has done <br />so pursuant to the Newport Beach Zoning Code, Title 20 of the Newport Beach <br />Municipal Code ( "Zoning Code "); and <br />WHEREAS, as a charter city, Newport Beach is not subject to the provisions of the <br />State Zoning and Planning Act except to the extent that those provisions relate to <br />matters of statewide concern; and <br />WHEREAS, the City Council finds that the special circumstances that have generated <br />the need for, and the special provisions of, this ordinance do not involve matters of <br />statewide concern and are not matters the regulation of which are subject to express or <br />implied preemption by the Legislature; and <br />WHEREAS, the procedures and findings for the consideration and approval of variances <br />are found in Chapter 20.91 of the Newport Beach Municipal Code and those procedures <br />and findings do not address the unique circumstances described in this ordinance; and <br />WHEREAS, the City Council finds that, during the past 3 years, a local architect, Andrew <br />Goetz (for purposes of this ordinance, the words Andrew Goetz or Goetz include the <br />business entity known as Andrew Goetz and Associates, any other business entity <br />owned or controlled by Andrew Goetz and any person acting on behalf of Andrew <br />Goetz), submitted numerous applications for building permits that were accompanied by <br />topographic surveys that: (a) were not signed by the surveyor; and (b) were altered to <br />increase the elevations on all or a portion of the parcel; (c) or were fabricated by Andrew <br />Goetz and not based on any field data; and <br />WHEREAS, the City Council finds that the Building Department, following standard <br />procedures in all cases, issued approximately 30 building permits based on, and in <br />reliance on, the false information submitted by Goetz; and <br />se <br />