HomeMy WebLinkAboutBluffs Homeowners Community Association Leaf Blower ResolutionRESOLUTION NO. ________
A RESOLUTION OF THE BOARD OF DIRECTORS
OF THE BLUFFS HOMEOWNERS’ COMMUNITY ASSOCIATION
PERTAINING TO CITY RESTRICTIONS ON GAS-POWERED
LEAF BLOWERS IN RESIDENTIAL ZONES
WHEREAS, The Bluffs Homeowners’ Community Association is the association of a common
interest development located within the boundaries of the City of Newport Beach; and
WHEREAS, the City Council of the City of Newport Beach has adopted Ordinance No. 2011-12,
which amends Newport Beach Municipal Code (“NBMC”) section 6.04.055 (Leaf Blowers) to prohibit,
with certain exceptions, the use of gas-powered leaf blowers in all residential districts within the City
effective November 11, 2011; and
WHEREAS, Ordinance No. 2011-12 finds and declares that common interest developments of
five or more dwelling units that have an association responsible for establishing regulations controlling
the management and maintenance of exterior common areas and separate interests have adopted, or
have the ability to adopt, self-imposed regulations that establish a regulatory framework addressing the
exterior residential environment, and such regulatory frameworks can be used by common interest
developments of five or more dwelling units to more closely address neighborhood impacts of gas-
powered leaf blowers within such developments; and
WHEREAS, Ordinance No. 2011-12 states that the City Council wishes to prohibit the use of gas-
powered leaf blowers in all residential districts except by certain public employees or contractors acting
in the scope of their employment, and in residential common interest developments of five or more
dwelling units that have an association with the power to establish rules and regulations for the
management and maintenance of exterior common areas and separate interests.
WHEREAS, NBMC section 6.04.055 states that residential common interest developments of five
or more dwelling units that have an association with the power to establish rules and regulations for the
management and maintenance of exterior common areas and separate interests may, by the method
set out in their association’s rules and regulations, choose to be exempt from the restrictions on gas-
powered leaf blowers; and
WHEREAS, NBMC section 6.04.055 provides that the City Manager’s Office shall establish
procedures through which such residential common interest developments may demonstrate their
decision to be exempt from subsection 6.04.055.B.3.; and
WHEREAS, the Newport Beach City Manager’s Office has determined that any residential
common interest development of five or more dwelling units that has an association with the power to
establish rules and regulations for the management and maintenance of exterior common areas and
separate interests may demonstrate its decision to be exempt from the City’s restrictions on gas-
powered leaf blowers in residential districts through a resolution of its Board of Directors of; and
WHEREAS; The Bluffs Homeowners’ Community Association is the association for the common
interest development known as The Bluffs Homeowners’ Community Association, which is a common
interest development of five or more dwelling units, and which has the power to establish rules and
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regulations for the management and maintenance of exterior common areas and separate areas
through its operational rules. [Optional - if the development’s CC&R’s set forth rules and regulations for
management and maintenance of exterior common areas, that fact may be set forth here.]; and
WHEREAS, the Board of the Directors of The Bluffs Homeowners’ Community Association has
been granted the power to make decisions for the proper conduct and administration of the affairs of
The Bluffs Homeowners’ Community Association by the CC&R’s and Bylaws. [Associations - please insert
name of the relevant document granting such authority to the Board of Directors – this authority may
have been granted in the CC&Rs, or the community association bylaws, or other similar document.]
NOW, THEREFORE, the Board of Directors of The Bluffs Homeowners’ Community Association
resolves as follows:
1. The Board of Directors of The Bluffs Homeowners’ Community Association has
determined that it is in the best interests of The Bluffs Homeowners’ Community
Association to be exempt from the Newport Beach Municipal Code’s prohibition on the
use of gas-powered leaf blowers in residential districts.
2. The Board of Directors of The Bluffs Homeowners’ Community Association has decided,
by majority vote, to exempt The Bluffs Homeowners’ Community Association from the
provisions of Newport Beach Municipal Code section 6.04.055.B.1.
IN WITNESS WHEREOF, the undersigned, President of the Board of Directors, has
executed this Resolution this ____ day of __________________, _____.
THE BLUFFS HOMEOWNERS’ COMMUNITY ASSOCIATION
___________________________________
Renee Polk Johnson, President
__________________________________
Bert Tavares, Secretary
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2/24/2021 | 3:05 PM PST