Article 40 — UNATTENDED COLLECTION BOXES

a) An "unattended collection box" shall be defined as any box, bin, container, or similar device, used for collecting salvageable personal property—including clothing, shoes, textiles, toys, personal electronic devices, media, books, and other similar small items—left unattended without an on-site operator.

b) "Salvageable personal property" does not include recyclable material as defined in Section 95.3.42(b)(1). Furthermore, salvageable personal property shall not include furniture, appliances, musical instruments, or other large items of bulk, nor shall include any biological or organic material, nor any hazardous material.

c) "Undesirable material" shall be defined as items not categorized as salvageable personal property as described in subsection (a) of this Section, including, but not limited to, all items described in subsection (b) of this Section.

A Planning Administrative Action shall be required for any unattended collection box installed, constructed, or located in the City.

a) Nonresidential Zones. Unattended collection boxes shall be permitted in C-1, C-2, C-3, C-4, C-5, C-R, D-T, HBCSP, L-P, M-L, M-1, M-2, P-D, and P-U zones, with a Planning Administrative Action, subject to the development standards set forth in Section 92.40.4.

b) Residential Zones. Unattended collection boxes shall be permitted in residentially zoned properties developed with a permitted commercial service, and in residentially zoned properties with high density multiple-family residential developments with at least forty-four (44) units, with a Planning Administrative Action, subject to the development standards set forth in Section 92.40.4.

c) Mixed Use Developments. Unattended collection boxes shall be permitted on properties with mixed used developments within the commercial portion of the development and/or within the residential portion if the development is high density multiple-family residential with at least forty-four (44) units, with a Planning Administrative Action, subject to the development standards set forth in Section 92.40.4.

d) An unattended book donation box for the collection of books only, located at public libraries on City property with the written permission of the City, shall be exempt from this Section.

An application for a Planning Administrative Action shall be filed with the Community Development Director on a form provided by the Community Development Director with the applicable fee. The form must be fully completed and executed and returned to the Community Development Department. The application shall include the following:

a) Complete box operator information including company/organization name and primary contact, address, telephone number, and e-mail address;

b) Written consent from the property owner or owner’s agent to placement of the box on the property, including name, address, telephone number, and e-mail address of owner or owner’s agent;

c) Informed consent from the property owner or owner’s agent acknowledging responsibility and compliance with the provisions of this Article;

• d) Name and telephone number of any entity which may share or profit from items collected via the box;

• e) Information pertaining to the applicant’s status with the Secretary of State;

f) Proof of a certificate of liability insurance of at least One Million Dollars ($1,000,000.00) covering applicant’s unattended collection boxes;

• g) Scaled plot plan indicating all site improvements and the location of proposed unattended collection box;

• h) Details of the box itself, including dimensions, elevations, and details of signage;

i) After the effective date of the ordinance codified in this Article, first priority in applications will be given to box operators that had unattended collection boxes in place prior to the enactment of the temporary moratorium on October 1, 2013;

j) Any box operator that placed or installed an unattended collection box during the temporary moratorium without an application or Planning Administrative Action will be prohibited from applying for a Planning Administrative Action for two (2) years from the effective date of the ordinance codified in this Article. Any box operator that placed or installed an unattended collection box after the effective date of the ordinance codified in this Article without an application or Planning Administrative Action will be prohibited for two (2) years from date of the City’s discovery of the unattended collection box.

It is the intent and design of this Article to regulate unattended collection boxes to prevent a blighted appearance and ensure the boxes will not have a negative visual impact, to ensure the boxes will not impede or interfere with public access, circulation, and parking, and to ensure that the boxes do not become hazards or nuisances. To that end, unattended collection boxes shall be operated in accordance with the following requirements and conditions:

• a) Physical Standards.

• 1. The unattended collection box cannot be more than eighty-two (82) inches high, sixty (60) inches wide, and fifty (50) inches deep;
• 2. Shall be fabricated of durable and waterproof materials;
• 3. Cannot be electrically or hydraulically powered or otherwise mechanized;
• 4. Cannot become a fixture of the site and shall not be considered an improvement to real property;
• 5. Shall contain an opening with an approved tamper-resistant locking mechanism.

• b) Location.

• 1. Unattended collection boxes shall not be located in, encroach into, or obstruct any of the following:

• A) Any parking spaces or access to any parking;

• B) Pedestrian or ADA pathways;

• C) Emergency access or fire lanes;

• D) Drive aisles and on-site circulation in general;

• E) Existing landscaping or landscaped areas;

• F) Trash enclosure area or access to the trash bins/trash enclosures;

• G) Required setback areas, specifically front and street setbacks;

• 2. In addition to the above noted restrictions, unattended collection boxes permitted in high density multiple-family residential developments with at least forty-four (44) units shall not be located within the front and/or main entrances, and shall be located in common areas within the subject residential development;

3. The location of the unattended collection box shall not disrupt or negatively impact any line of sight relating to, but not limited to, the circulation of pedestrians, bicycles, and/or cars in any way as they travel and/or park;

• 4. The unattended collection box shall not be placed in any location or manner where it may constitute a safety hazard;
• 5. An unattended collection box site cannot be within seven hundred fifty (750) feet of another unattended collection box site, as measured from property line to property line;
• 6. Only one (1) unattended collection box shall be allowed per site, unless determined by the Community Development Director that more than one (1) can be accommodated on that site, based on the site’s size, characteristics and the proposed layout of the boxes;
• 7. Unattended collection boxes shall provide a minimum twenty-five (25) foot setback from properties that are residentially zoned or have existing residential uses.

• c) Maximum Total. There shall be a maximum limit of no more than one hundred (100) total unattended collection boxes installed within the City.

• d) Maintenance and Appearance.

• 1. Unattended collection boxes shall be maintained to the satisfaction of the Community Development Director. This includes maintenance of the box’s condition itself (appearance and wear) and of the box’s immediate area, specifically within a radius of twenty-five (25) feet around the unattended collection boxes;
• 2. The unattended collection box shall be maintained in good condition and appearance, with no structural damage, holes, or rust, and shall be kept free of graffiti;
• 3. Unattended collection boxes shall not overflow at any time;
• 4. The site will be kept free from litter and any other undesirable material;
• 5. Items left outside an unattended collection box shall be considered undesirable material and deemed a public nuisance, and shall be subject to removal by the City at the subject property owner’s expense;

6. The box operator and/or property owner or owner’s agent shall respond within twenty-four (24) hours of notice from the City to address maintenance issues, including graffiti, vandalism, and damaged boxes, in addition to items left about or overflowing boxes;

7. The box operator shall conduct a pickup at least once a week to ensure that the unattended collection box is not overflowing and is properly maintained, and that the surrounding area and site are free of litter and any other undesirable material;

8. The box operator and property owner or owner’s agent shall be responsible for properly disposing undesirable material in accordance with all City, State, and Federal laws, guidelines, and requirements;

9. Unattended collection boxes that violate this Article will be subject to following penalties:

A) First violation: The City will issue a written warning to the property owner and the box operator.

• B) The second violation within twelve (12) months of the first violation: The property owner and the box operator will each be subject to a fine of One Thousand Dollars ($1,000.00).

C) The third violation within twelve (12) months of the first violation: The unattended collection box will be subject to removal at the subject property owner’s expense, and will result in revocation of this entitlement.

D) The fourth violation within twenty-four (24) months of the first violation: The unattended collection box will be subject to removal at the subject property owner’s expense, and will result in revocation of this entitlement.

E) The fifth violation within thirty-six (36) months of the first violation: The unattended collection box will be subject to removal at the subject property owner’s expense, and will result in revocation of this entitlement;

• 10. No unattended collection box may be applied for or placed on a property for a period of two (2) years after the revocation of an unattended collection box entitlement.

e) Signage.

1. The unattended collection box shall comply with all requirements set forth in the State Welfare and Institutions Code, Sections 150 through 153. As taken from Section 151:

The front of every collection box shall conspicuously display both of the following:

A) The name, address, telephone number, and, if available, the Internet Web address of the owner and operator of the collection box.

B) A statement, in at least two-inch typeface, that either reads, "this collection box is owned and operated by a for-profit organization" or "this collection box is owned and operated by a nonprofit organization." For purposes of this chapter, a commercial fundraiser shall be classified as a for-profit organization.

i) If the collection box is owned by a nonprofit organization, the front of the collection box shall also conspicuously display a statement describing the charitable cause that will benefit from the donations. ii) If the collection box is owned by a for-profit entity, the front of the collection box shall also conspicuously display a statement that reads "this donation is not tax deductible." If the collection box is owned and operated by a commercial fundraiser, the commercial fundraiser may post notice of donations to a charitable cause only on the sides of the box. This notice shall always be smaller in size than the for-profit entity’s name and address and shall constitute only 25 percent of the notice space of the box.

• 2. The site shall display a notice stating that no material shall be left outside the unattended collection boxes in at least two (2) inch typeface. This notice shall be installed within a radius of twenty-five (25) feet of the box. The box itself shall also have this notice directly on the box;

3. Unattended collection boxes operated by a nonprofit organization shall display their Federal tax identification number;

• 4. Each unattended collection box shall be clearly marked to identify the type of material that may be deposited;

5. Each unattended collection box shall have a pickup schedule shown or posted directly on the box. Per subsection (d)(7) of this Section, pickup must be at least once a week;

6. Each unattended collection box shall also provide the operator’s e-mail address;

• 7. No other signage or advertisements shall be allowed on the unattended collection box;
• 8. Each unattended collection box shall display the City approved identification system that identifies the box as being properly permitted by the City.

f) AB 939 Reporting. Permitted unattended collection box operators shall be required to report annually the tonnage collected from their boxes within the City, including a breakdown by material type, whether the materials were reused or recycled, and any other information needed by the City to comply with AB 939. This information must be available to the City within sixty (60) days of the end of the calendar year. Failure to report will be grounds for revocation of the operator’s unattended collection box entitlement.

g) Liability.

1. The property owner or owner’s agent shall have the right to rescind consent for an unattended collection box to be placed on the property, provided written notice of the rescission is provided to the applicant, as provided in their agreement but in no event less than ten (10) business days prior to the unattended collection box being removed.

• 2. The property owner or owner’s agent shall be held harmless by the applicant for the removal of an unauthorized unattended collection box where removal is necessary to comply with local zoning ordinances.

3. Applicants shall maintain a minimum general liability insurance of One Million Dollars ($1,000,000.00) for the duration of the operation of an unattended collection box at each site, to cover any claims or losses due to the placement, operation, or maintenance of the unattended collection box.

If all requirements of this Article are satisfied, the Community Development Director shall issue a Planning Administrative Action within thirty (30) days of the filing of the application. If a permit is not issued, the Community Development Director will notify the applicant in writing. The notice will set forth the Community Development Director’s reasons for denial and the procedures for an appeal of the Planning Director’s determination.

Pursuant to Section 92.30.11, the determination of the Community Development Director may be appealed to the Planning Commission by the proponent or any person who may be damaged by the said determination. Such appeal will be made in writing to the Planning Commission within fifteen (15) days of the determination of the Community Development Director. Notice of the time and place of the appeal hearing will be made to the proponent and any person appealing.

The Community Development Director may revoke a Planning Administrative Action upon notice and hearing for any violation of this Article.

It shall be unlawful and declared a public nuisance for any person to operate, maintain, allow another person to operate or maintain, or fail to remove an unpermitted unattended collection box. Any person in violation will be subject to civil action and/or criminal prosecution. Each day in which a violation is committed will constitute a new and separate offense. In addition, the operation or maintenance of an unpermitted unattended collection box may be abated or summarily abated by the City in any manner by this Code or otherwise by law for the abatement of public nuisances. Pursuant to Government Code Section 38773, all expenses incurred by the City in connection with any action to abate a public nuisance will be chargeable to the persons creating, causing, committing, or maintaining the public nuisance.