HomeMy WebLinkAbout03 - Allow Homeowners' Associations to Opt Out of the Saturday Construction Noise Restrictions and Project Sign Requirements - Amended Pages 2July 9, 2019
Agenda Item No. 3
Ordinance No. 2019 -
Page 2 of 4
E. Designated High -Density Area. The term "designated high-density area" shall
mean any shaded area on the following map. See Exhibit A. The geographical
boundaries of a homeowners' association, as defined in Section 10.28.040(F), shall be
excluded from the definition of a "designated high-density area" if the City Council adopts
a resolution pursuant to Section 10.28.040(F).
Section 2: Section 10.28.040(F) of Chapter 10.28 of Title 10 of the Newport
Beach Municipal Code is hereby added to read as follows:
F. A homeowners' association located within a designated high-density area may
exclude the geographical boundaries of the homeowners' association from the definition
of a designated high-density area if:
1. The board of directors of the homeowners' association votes to approve a
resolution or letter declaring its desire to exempt its geographical boundaries from the
definition of a designated high-density area;
2. The board of directors submits the approved resolution or letter to the City
Clerk for consideration by the City Council; and
3. The City Council adopts a resolution finding that exempting the
geographical boundaries of the homeowners' association from the definition of a
designated high-density area will not negatively affect surrounding property owners.
For the purpose of this Section 10.28.040(F), a homeowners' association means an
organization consisting of at least thirty (30) voting members whose properties connect
in a contiguous manner and whose operation is governed by a board of directors.
Section 3: The definition of "Designated High -Density Area" in Section
15.16.010 of Chapter 15.16 of the Newport Beach Municipal Code is hereby amended to
read as follows:
Designated High -Density Area. The term "designated high-density area" shall
mean any shaded area on the following map. See Exhibit A. The geographical
boundaries of a homeowners' association, as defined in Section 10.28.040(F), shall be
excluded from the definition of a "designated high-density area" if the City Council adopts
a resolution pursuant to Section 10.28.040(F).
Section 4: The recitals provided in this ordinance are true and correct and are
incorporated into the substantive portion of this ordinance.