Lake Forest City Zoning Code
CHAPTER 9
142 DONATION COLLECTION BOXES
§ 9.142.010 Purpose.
The purpose of this chapter is to enact and enforce standards for donation collection boxes located within the City limits. Nothing in this chapter shall preempt or make inapplicable any provision of state or federal law.
(Ord. 334 § 7, 2020)
§ 9.142.020 Definitions.
As used in this chapter, the following terms, words and phrases have the meanings as defined in this section, unless another meaning is clearly apparent from the context:
means the Community Development Department.
means the Director of Community Development for the City of Lake Forest.
means any metal, plastic, cardboard or wooden box, bin, container, trailer, accessory structure, or similar facility located outside of an enclosed building or in a parking lot or other public area of a private property, provided by a person, organization, or collection center for the primary purpose of receiving or storing donated salvageable personal property, including household goods, clothing, textiles, toys, and other similar small items that are left unattended without an on-site operator.
means to place, operate, maintain, own or otherwise control a donation collection box.
means any person who operates a donation collection box in the City.
means a donation collection box permit, obtained pursuant to this chapter of the Lake Forest Municipal Code, to place, locate, maintain, or operate a donation collection box within the City.
means the real property on which a donation collection box is placed, operated, maintained, or otherwise controlled.
means the owner of record of the real property on which a donation collection box is placed, operated, maintained, or otherwise controlled.
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.
(Ord. 334 § 7, 2020)
§ 9.142.030 Exception for recycling facilities.
A recycling collection facility, as that term is defined by Section 9.04.030 of this Code, is and shall be governed by the provisions of Title 9 of this Code, and a recycling facility used exclusively as a recycling facility pursuant to the provisions of Title 9 of this Code is not deemed a donation collection box.
(Ord. 334 § 7, 2020)
§ 9.142.040 Applicability and permissible use.
A.
A permit shall be required for any donation collection box installed, constructed, maintained, or located in the City.
B.
Commercial and Industrial Zones. Donation collection boxes shall be permitted in the Commercial (C) and Industrial (I) Zones with a permit, subject to the development standards set forth in Section 9.142.060.
C.
Public Property and Residential Zones. Donation collection boxes shall not be permitted on any public property or at any residentially zoned properties.
(Ord. 334 § 7, 2020)
§ 9.142.050 Application requirements.
An application for a permit shall be filed with the Director on a form provided by the Department with a nonrefundable fee in an amount established by resolution of the City Council. The fee shall be used to defray the costs of investigation, report, and related application processing issues. The form must be fully completed and executed and submitted to the Department. The application shall include the following:
A.
Complete operator information including company/organization name, address, telephone number, and e-mail address, and the names, addresses, and e-mail of all the partners or limited partners of a partnership applicant, all members of an LLC applicant, all officers and directors of a non-publicly traded corporation applicant, all stockholders owning more than 5% of the stock of a non-publicly traded corporate applicant, and any other person who is financially interested directly in the ownership or operation of the business, including all aliases;
B.
Information pertaining to what kind of business entity the applicant or operator is registered as;
C.
The primary contact name, address, telephone number, and e-mail address for all matters related to the donation collection box;
D.
Written consent from the property owner to placement of the box on the property, including the name, address, telephone number, and e-mail address of the property owner;
E.
Informed consent from the property owner acknowledging responsibility and compliance with the provisions of this chapter;
F.
Written acknowledgement by the applicant and property owner that in the event the permit is approved, the operator and property owner agree to indemnify and hold the City harmless concerning the City's approval of the permit, the operation and maintenance of the box, and any matter relating to the donation collection box, including without limitation the City's enforcement of this chapter and the City's removal of the box in accordance with this chapter;
G.
Name and telephone number of any entity which may share or profit from items collected via the box;
H.
The physical address of the property where the donation collection box is proposed to be located;
I.
Details of the box itself, including dimensions, elevations, and details of signage;
J.
A to-scale plot plan indicating all existing and proposed site improvements and the location of proposed donation collection box;
K.
Proof that maintenance and operation of the donation collection box would not cause the property's on-site parking, if any, to be non-compliant with requirements of Chapter 9.168 of this Code; and
L.
A to-scale map demonstrating that the location of the property relative to the property with the closest existing box meets the minimum separation requirement, as measured from the property line to property line.
(Ord. 334 § 7, 2020)
§ 9.142.060 Standards and requirements.
It is the intent and design of this chapter to regulate donation collection boxes to prevent a blighted appearance and ensure the boxes will not have a negative visual impact on the City, to ensure the boxes will not impede or interfere with public access, circulation, and parking, and to ensure that boxes do not become hazards or nuisances. To that end, donation collection boxes shall be operated in accordance with the following requirements and conditions:
A.
Physical Standards. Donation collection boxes shall conform to the following standards:
1.
Shall not be more than 82 inches tall, 60 inches wide, and 50 inches long;
2.
Shall be fabricated of durable and waterproof material(s);
3.
Shall not be electrically or hydraulically powered or otherwise mechanized;
4.
Shall not 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 and shall be secured in such a manner that the contents may not be accessed by anyone other than those responsible for the retrieval of the box's contents.
B.
Locational Standards.
1.
Donation collection boxes shall be located within 30 feet of a building entrance on the same property.
2.
Donation collection boxes shall not be located in, encroach into, or obstruct any of the following:
a.
Any required parking spaces or access to any parking;
b.
Pedestrian or ADA pathways;
c.
Emergency access or fire lands;
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; and
g.
Required setback areas;
3.
Donation collection boxes shall not be permitted on any unimproved parcel, nor where the principal use of land has been closed or discontinued for more than 30 days.
4.
Donation collection boxes shall be placed on a level, hard (asphalt or concrete) paved, dust-free surface.
5.
The location of a donation 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.
6.
The location of a donation collection box shall not cause safety hazards with regards to a designated fire lane or building exit.
7.
A donation collection box cannot be on a property within 750 feet of another property containing a donation collection box, as measured from property line to property line, unless the Director determines otherwise, as provided for in subsection (B)(8) of this section.
8.
Only one donation collection box shall be allowed per legal parcel within the approved zones. Notwithstanding the foregoing, for properties larger than five acres, up to two donation collection boxes may be permitted and operated by the same applicant/operator.
9.
Donation collection boxes shall provide a minimum 25 foot setback from properties that are residentially zoned or have existing residential uses.
C.
Maintenance and Appearance.
1.
Donation collection boxes shall be maintained to the satisfaction of the 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 25 feet around the donation collection box, which shall be kept clean and free from litter and debris;
2.
The donation 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.
The donation collection box shall not overflow at any time;
4.
Items left outside a donation collection box shall be considered undesirable material and deemed a public nuisance, and may be removed by the City at the property owner's expense;
5.
The operator and/or property owner or property owner's agent shall respond within 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;
6.
The operator shall conduct a pickup at least once a week and as necessary to ensure that the box is not overflowing and is properly maintained, and that the surrounding area and site are free of litter and any other undesirable material; and
7.
The operator and property owner or property owner's agent shall be responsible for properly disposing of undesirable material in accordance with all City, State, and Federal laws, guidelines, and requirements.
D.
Signage.
1.
The donation collection box shall conspicuously display both of the following, in accordance with Section 151 of the Welfare and Institutions Code:
a.
The name, address, telephone number, e-mail address, and if available, the Internet Web address of the operator.
b.
A statement, in at least two-inch typeface, that either reads:
"This donation 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 donation collection box is owned by a nonprofit organization, the front of the box shall also conspicuously display a statement describing the charitable cause that will benefit from the donations.
ii.
If the donation collection box is owned by a for-profit entity, the front of the box shall also conspicuously display a statement that reads:
"This donation is not tax deductible."
If the donation 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% of the notice space of the box. |
2.
The site shall display a notice stating that no material shall be left outside of a donation collection box in at least two inch typeface. This notice shall be installed within a radius of 25 feet of the box. The box itself shall also have this notice directly on the box.
3.
Donation collection boxes operated by a nonprofit organization shall display their Federal tax identification number.
4.
Each donation collection box shall be clearly marked to identify the type of material that may be deposited.
5.
Each donation collection box shall have a pickup schedule shown or posted directly on the box. Pursuant to subsection (C)(6) of this section, pickup must be at least once a week.
6.
No other signage or advertisements shall be allowed on the donation collection box.
7.
Each donation collection box shall display the City approved permit number that identifies the box as being properly permitted by the City.
E.
Fines and Penalties. Donation collection boxes that violate this chapter are public nuisances and will be subject to the following penalties:
1.
First violation: The property owner and box operator will each be subject to a fine of $100.
2.
Second violation within 12 months of the first violation: The property owner and box operator will each be subject to a fine of $200.
3.
Third and any subsequent violation(s) within 12 months of the first violation: The property owner and box operator will each be subject to a fine of $500.
4.
The remedies contained in this chapter for the handling of violations or enforcement of the provisions of this chapter shall be cumulative and not exclusive of any other applicable provisions of this chapter, including, but not limited to, revocation, per Section 9.142.100, of any other City, County, or State law.
F.
Liability. The operator shall maintain a minimum general liability insurance of one million dollars ($1,000,000.00) for the duration of the operation of a donation collection box at each site, to cover any claims or losses due to the placement, operation, or maintenance of the donation collection box. Failure of the operator to maintain the required insurance will be grounds for revocation of the operator's permit.
(Ord. 334 § 7, 2020)
§ 9.142.070 Permit issuance.
A.
The Director shall review each application for completeness and accuracy before it is accepted as being complete and officially filed. The Director's determination of completeness shall be based on the City's list of required application contents and any additional information determined by the Director to be necessary to determine conformance to all applicable policies and regulations.
B.
The applicant shall be notified in writing of any revisions or additional information required and shall submit the requested information to the Director within 30 days after the date of the notice. Failure to submit the required information within the 30 day period may be cause for denial.
C.
An application for a permit may require the Director or his or her designee to perform an on-site inspection of the property before confirming that the request complies with all applicable criteria and provisions specified in this chapter.
D.
The Director shall issue a permit within 30 days of the City deeming an application complete if all requirements of this chapter are satisfied. If a permit is not issued, the Director will notify the applicant in writing. The notice will set forth the Director's reasons for denial and the procedures for an appeal of the Director's determination.
(Ord. 334 § 7, 2020)
§ 9.142.080 Appeal process.
The Director's determination of the issuance or denial of a permit may be appealed to the City Manager, who may decide the issues de novo, and whose written decision will be the final decision of the City. The appeal must be filed within five business days of receiving a notice of decision from the City, unless the City Manager extends the time therefor. There will be no public notice of the appeal or public hearing. Any appeal shall be conducted so that a timely written decision may be issued in accordance with applicable law.
(Ord. 334 § 7, 2020)
§ 9.142.090 Term of permit and renewal of permit.
A.
The permit year shall begin on January 1 in each year and shall terminate on December 31 of the same calendar year. An annual permit issued between December 1 and December 31 of any year shall expire on December 31 of the calendar year next following issuance thereof.
B.
A permit shall be renewed annually. The application for renewal must be filed not later than 30 days before the permit expires. The application for renewal shall be upon a form provided by the Director.
C.
The Director shall either approve or deny the renewal of a permit within 15 days of receipt of the complete renewal application and payment of the renewal fee. Failure of the Director to act upon expiration of the permit shall constitute approval of the renewal of the permit.
D.
A permit renewal fee set by resolution of the City Council shall be submitted with the application for renewal.
E.
Prior to expiration of the permit, the operator may voluntarily cancel the permit by notifying the Director in writing of the intent to cancel the permit. The permit shall become void upon the Director's receipt of a written notice to intent to cancel the permit.
F.
The Director shall approve the renewal of a permit if the Director finds that no circumstances existed during the term of the permit which would cause a violation to exist, and that at the time of submission of the application for renewal, or at any time during the renewal of the application for renewal, there were not circumstances inconsistent with any finding required for approval of a new permit. If the Director cannot make the required findings, then the permit may be subject to nonrenewal.
G.
If the permit expires and is not renewed, the box(es) must be removed from the property within a maximum of 10 days after expiration of the permit.
(Ord. 334 § 7, 2020)
§ 9.142.100 Revocation.
A.
The Director of Community Development may revoke a permit for any violation of this chapter. Notice shall be given to the operator and property owner by certified mail to the address shown on the last application or renewal.
B.
Upon revocation, the donation collection box shall be removed from the property within 30 days, and if not removed within this time period, the City may remove, store, and dispose of the box at the operator's expense.
D.
The operator and/or property owner that has had a permit revoked may not apply for or place another donation collection box in the City for a period of two years after the revocation of the previous permit.
(Ord. 334 § 7, 2020)
§ 9.142.110 Transfers.
No person to whom a permit has been issued shall transfer, assign or convey such permit to another person. Any purported transfer, assignment, or conveyance shall be deemed null and void.
(Ord. 334 § 7, 2020)
§ 9.142.120 Unpermitted donation collection boxes.
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 donation 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 donation 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.
(Ord. 334 § 7, 2020)
§ 9.142.130 Severance.
If any section, division, subsection or provision of this chapter or the application thereof to any person, property, organization or circumstance is held invalid, the remainder of the chapter and the application of such to other persons, properties, organizations or circumstances shall not be affected thereby.
(Ord. 334 § 7, 2020)