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HomeMy WebLinkAboutSancerre Leaf Blower Resolution+ RESOLUTION NO. -----A RESOLUTION OF THE BOARD OF DIRECTORS OF THE SANCERRE AT NEWPORT RIDGE MAINTENANCE ASSOCIATION . PERTAINING TO CITY RESTRICTIONS ON GAS-POWERED LEAF BLOWERS IN RESIDENTIAL ZONES . ~HEREAS, the Sancerre at Newport Ridge Maintenance Association is the assoc,at,on of a common interest development located within the boundaries of the City of Newport Beach; and · :i!:i :11. I'll I ' . . '1 .. :ii'.:' WHEREAS, the City Council of the City of Newport Beach has adopted Ordinance No. ,., 1111·11, ,· : I 2011-12, which ~n:iends Newport Beach Municipal Code ("NBMC") section 6.04.055 (Leaf : ''.:ii!: ,i::- Blo:vers~ to ~ro~1b1t, ~it_h certai~ exceptions, the use of gas powered leaf blowers in all . :::lj i ;1,' residential districts within the City effective November 11, 2011; and ,;;ii l:111 ::1,,·i·lu 1 WHEREAS, Ordinance No. 2011-12 finds and declares that common interest ··:,,!,/ 1 :, ·1,·1j;!li1 l_:_:1_;·: developments of five or more dwelling units that have an association responsible for establishing regulations controlling the management-and ma~tenance of exterior common 1'', I',:.!, · areas and separate interests have adopted, or have the ability to adopt, self-imposed · !!il /;;i l~j1:li ii-l:! regulations that establish a regulatory framework addressing the.exterior residential ; .. :111•1 · ' environment, and such regulatory frameworks can be used by common interest 1::::: ::;' ! ' developments of five or more dwelling units to more closely address neighborhood impacts of ·f ''': i 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 estabijsh rules and regulations for the management and mainten~mce of exterior common areas and separate interests may, by the method set out in their a?sqciation's rules and regulations, choose to be exempt from the restrictions on gas-powered leaf blowers; and 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 \he 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 Sancerre at Newport Ridge Maintenance Association is the association for the common interest development known as Sancerre at Newport Ridge . • 188 : .. i,f ' IJ I "' ·I, i\i :ii :+1 ·1,, ,;fl'. I ' .1::. ' \' . ·'1\i. 1'\:, ' : I' , 1 •, 1 WHEREAS, the Board of the Directors of the Sancerre at Newport Ridge Maintenance Association has been granted the power to make decisions for the proper conduct and administration of the affairs of the Sancerre at Newport Ridge Maintenance Association by the Declaration of Covenants, Conditions and Restrictions and Reservation of Easements -for Sancerre at Newport Ridge (recorded on April 29, 1994, as Instrument Number 94-0299684, in the Official Records of Orange County, California, which is a common interest development of five or more dwelling units, and which has the power to establish rules and regulations for the management and maintenance of exterior common areas and separate areas through its operational rules; and · NOW, THEREFORE, the Board of Directors of the Sancerre at Newport Ridge Maintenance Association resolves as follows: 1,1' 'I ,, I 1l•1 !I ;ii'-,:1 1 : '!1' ;1 ,,, I ''I 'Ii 1 1 i I I ' 1. The Board of Directors of the Sancerre at Newport Ridge Maintenance Association has determined that it is in the best interests of the Sancerre at Newport Ridge development 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 Sancerre at Newport Ridge Maintenance Association has decided, by majority vote, to exempt the Sancerre at Newport Ridge development frorri the provisions of Newport Beach Municipal Code section 6.04.055:B.,1. 'l1,,i, T ,,1, IN WITNESS WHEREOF, the undersigned, President of the Board of Directors, has executed this Resolution this __ day of __ _.__ ____ _ SANCERRE AT NEWPORT RIDGE MAINTENANCE ASSOCIATION By: ~,VJ --=(signartri-e) Print Name ~~ ~T, President By: .....:::.."'1"'9-f----f-f-!---:--:--:---:--+--I------- [print name ,of Secretary], Secretary 181 I I I I I 1•1 I '1,1 ·1 1· 1'111 11 1, I j II Ii !,1 ' , I 27th September 2021