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.
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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
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WHEREAS, Ordinance No. 2011-12 finds and declares that common interest ··:,,!,/
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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 .
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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:
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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.
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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
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27th September 2021