HomeMy WebLinkAboutSeawind Leaf Blower ResolutionRESOLUTION NO.
A RESOLUTION OF THE BOARD OF DIRECTORS
OF THE ^"W-. .MXI I.ASSOCIATION
PERTAINING TO CITY RESTRICTIONS ON GAS-POWERED
LEAF BLOWERS IN RESIDENTIAL ZONES
WHEREAS, the -"-^'-'^ ' ^ V^ijilyAssociafion is the association of a
comnnon 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 Bgach MunicipaK Code ("NBMC")
section 6.04.055 (Leaf Blowers) to prohibitV with certain exceptions, the use of gas-
powered leaf blowers in all residential districts within the City effective November 14,
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-ppwered leaf blowers within such developments; and
.• WHEREAS, Ordinahce 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
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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 thrpugh a resolution of its Board of Directors of; and
WHEREAS; the :_ Association is the. association for the
common interest development known as \name of common interest development] ,
which is a common interest development-pf five or more dwelling unifs,<.and which has
the power to establish rules and regulatigns for th'e 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
WHEREAS3 the Board of the birectors .of the 1^ Association
has been granted the power to make decisions for the proper conduct and administration
of the affairs. of the ^ - ^ ^ . . . Association by the .
[Associations - please insert name of the relevant document granting such authority to the
Board of Directors.-.^^^^^ authority; may have been granted in the CC&Rs, or the
community association byla ws, .or other similar document]
;.NOW, THEREFORE,, the Board of Directors of the ~7Ml.....^l\ ^Jy/ir^.^ v "
Association resolves as follows:
•1. The Board of Directors of the Association has
determined that.it is' in the best interests of the [name of common interest
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 , : Association has
decided, by majority vote, to exempt the [name of common interest
development] 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 , .
[NAME OF COMMUNITY ASSOCIATION]
TO