HomeMy WebLinkAboutShorecliffs Leaf Blower ResolutionRESOLUTION NO.
A RESOLUTION OF THE BOARD OF DIRECTORS
OF THE ASSOCIATION
PERTAINING TO CITY RESTRICTIONS ON GAS-POWERED
LEAF BLOWERS IN RESIDENTIAL ZONES
WHEREAS, the ^\ - > ,: Association is the association of a
common interest development locatey 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 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-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 Association is the association for the
common interest development known as \name of common interest development] ,
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. [Optional - if
tlie 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 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 - this 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 \.%^ ' • :.:b<''^' \
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.
!N WITNESS WHEREOF, the undersigned. President of the Board of Directors,
has executed this Resolution this day of , .
-2-
[NAME OF COMMUNITY ASSOCIATION]
I »
[name of President], Preside-n|
[name of Secretary], Secretary
[individual associations - please insert such signatures as your association's bylaws
require for valid execution.] <•