HomeMy WebLinkAboutMINUTES - 02102004 - C62 TO: BOARD OF SUPERVISORS '`t Contra
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FROM: Supervisor John Gioia, district I � A
County
DATE: February 9, 2004 -----o
SUBJECT: Clarification of Zoning Issue Connected with Fund Raising by Charitable•Organizations
or Non-Profit Grouwwiw� ps
SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION
RECOMMENDATIONS:
DIRECT County Counsel and the Community Development Department to draft an
amendment to the Ordinance Code that allows for fund raising activities connected with
non-profit or charitable organizations on residential property.
FISCAL IMPACT:
Adoption of this ordinance would entail an unfunded mandate of approximately$5,000 to
$7,000.
BACKGROUNDIREASONS FOR RECOMMENDATIONS:
The investigation and enforcement activities surrounding the use of residential property in
Kensington raised an issue as to whether such fund raising activities are normally
accessory uses under the Zoning Ordinance. In that instance, staff determined, and the
Board of Supervisors ultimately concurred, that the nature and scope of activities
undertaken at that time were not normally accessory to the use of single-family property.
Nevertheless, fund raising activities for non-profit or charitable organizations should be
considered accessory uses to single-family residential properties except when they create
conflicts in the neighborhood.
It is suggested that as a starting point, County Counsel consider the following language:
„The use of residentially zoned property for fundraising purposes connected with a non-
profit or charitable organization that is exempt from taxation pursuant to Section 501(c)(3)
or 501(c)(4)of the United States Internal Revenue Code shall be considered a normally
accessory use of such property,and shall be allowed subject to the same nuisance,noise,
and other public health and safety regulations that currently apply, or in the future shall
apply, to any property owner in a residential zone."
County Counsel and Community Development shall jointly recommend the establishment
of reasonable standards and limitations on such fundraising activities. Once the ordinance
has been drafted, staff would be expected to proceed to appropri to public hearings for
consideration by the Board for adoption.
CONTINUED ON ATTACHMENT: El YES ❑ NO SIGNAT R
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMIAENDATION OF BOARD COMMITTEE
APPROVE OTHER
SIGNATURE(S):
ACTION OF BOARD ON February 10. 2004 APPROVED AS RECOMMENDED OTHER
VOTE OF SUPERVISORS
I HEREBY CERTIFY THAT THIS IS A TRUE AND',
X UNANIMOUS (ABSENT Nave CORRECT COPY OF AN ACTION TAKEN AND
AYES: NOES: ENTERED ON THE MINUTES OF THE BOARD
ABSENT: ABSTAIN: OF SUPERVISORS ON THE DATE SHOWN.
Contact: Supervisor John Gioia (510/374-3231) ATTESTED Febniaxy 10, 2004
cc: County Counsel JOHN SWEETEN, CLERK OF THE
Community Development Department BOARD OF SUPERVISORS AND
, COUNTY ADMINISTRATOR
BY - ' ? , DEPUTY