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
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