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HomeMy WebLinkAboutNewport HOA Leaf Blower Resolution A RESOLUTION OF THE BOARD OF DIRECTORS OF THE NEWPORT HOMEOWNERS ASSOCIATION PERTAINING TO CITY RESTRICTIONS ON GAS-POWERED LEAF BLOWERS IN RESIDENTIAL ZONES WHEREAS, the Newport Homeowners 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 22