Temecula City Zoning Code
CHAPTER 17
42 COLLECTION CONTAINERS
§ 17.42.010 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 a collection container that is fully staffed by a person, organization, or collection center during the period of time that personal property is being collected.
means any metal, plastic, cardboard or wooden box, bin, container, accessory structure or similar container used for soliciting and collecting donations of salvageable personal property, provided by a person, organization, or collection center for the primary purpose of receiving or storing collected items, including household goods, clothing and other salvageable personal items for distribution or resale by the operator. A collection container shall not be considered a fixture or improvement to the lot.
means to place, operate, maintain, own or otherwise control a collection container.
means any person who operates a collection container in the city.
means the owner of the parcel where the collection container is operated.
(Ord. 18-06 § 2)
§ 17.42.020 Collection containers prohibited.
A.
No person shall operate or maintain a collection container upon any unimproved lot, public right-of-way, public park, or open space area, or within any residential zone in the city.
B.
No person shall operate a collection container on property they own, lease, manage or control in violation of this chapter. A property owner shall not allow another person to operate a collection container on their property in violation of this chapter.
(Ord. 18-06 § 2)
§ 17.42.030 Exceptions.
A.
This chapter shall not apply to a collection container that is used exclusively for the collection of recyclable materials by an authorized solid waste collector pursuant to Chapter 8.20, Waste Management, of this code and the franchise agreement between the city and its authorized solid waste collector, or any state certified beverage container recycling center.
B.
This chapter shall not apply to attended collection containers.
C.
Collection containers are only permitted within the Highway Tourist (HT), Neighborhood Commercial (NC), Community Commercial (CC), Service Commercial (SC), Professional Office (PO), Business Park (BP), Light Industrial (LI) Zoning Districts, and on commercially zoned parcels within an adopted specific plan or planned development overlay zone.
(Ord. 18-06 § 2)
§ 17.42.040 Permits and fees.
A.
No collection container shall be placed, used or maintained until a property owner obtains a temporary use permit from the city pursuant to the process set forth in Section 17.04.020.
B.
A temporary use permit for a collection container shall expire one year from the date of issuance.
C.
A temporary use permit for a collection container shall be renewed on an annual basis based on the anniversary of the original temporary use permit date of issuance. The renewal application shall be submitted no later than thirty days prior to the expiration of the temporary use permit.
(Ord. 18-06 § 2)
§ 17.42.050 Inspection.
A.
The community development director, or designee, shall inspect and approve any collection container that is maintained in the city. The property owner and/or operator shall contact the community development department to schedule an inspection of the collection container within three business days of the collection container being placed on private property pursuant to a temporary use permit.
B.
If the collection container is not approved by the community development director, or designee, because it does not meet the requirements set forth in this chapter, it shall be promptly removed by the property owner and/or operator.
(Ord. 18-06 § 2)
§ 17.42.060 Collection container development standards.
No temporary use permit for a collection container shall be approved unless the following standards are satisfied:
A.
Collection containers shall be located within twenty linear feet of the main entrance, and shall not project more than four feet from the building.
B.
The dimensions of a collection container shall not exceed eighty-two inches high, fifty-six inches wide and forty-nine inches deep.
C.
No more than one collection container shall be placed on the same legal lot.
D.
Collection containers shall not be located within any public right-of-way, emergency vehicle route, internal drive aisle, parking lot, or pedestrian pathway.
E.
No collection container shall be placed in a manner that: causes a safety hazard; obstructs the entrance to any building; interferes with, or impedes the flow of pedestrian or vehicle traffic; or in any other manner is detrimental to the public health, safety or welfare or causes a public nuisance.
F.
Collection containers shall not be located on unimproved lots.
G.
Collection containers shall not be constructed of wood, cardboard, plastic, or any non-metal material.
(Ord. 18-06 § 2)
§ 17.42.070 Collection container operational requirements.
In addition to the development standards in Section 17.42.060, the property owner and operator shall ensure collection containers comply with the following requirements:
A.
Collection containers shall be kept free of structural damage, holes, visible rust, graffiti, and stickers and shall not be defaced.
B.
Collection containers shall be kept locked or otherwise secured at all times so that the contents cannot be accessed by anyone other than those responsible for retrieving the contents deposited in the collection container.
C.
Collection containers shall be serviced and emptied at a minimum of every seven calendar days, or more frequently on an as needed basis, to ensure the collection container and surrounding area is kept free of materials, debris and donated items.
D.
Donated items must fit entirely within the closed collection container.
E.
Donated items shall consist of textiles, shoes, books and other salvageable personal items only.
F.
Donated items shall not include items such as, but not limited to, hazardous materials, universal waste, mattresses, vehicles, food items or appliances.
G.
In accordance with California Welfare and Institutions Code Section 151, the front of every collection container shall conspicuously display all of the following:
1.
The name, address, telephone number, and if available, the internet web address of the collection container operator.
2.
A statement, in at least two-inch typeface, that either reads, "this collection container is owned and operated by a for-profit organization" or "this collection container is owned and operated by a non-profit organization."
3.
If the collection container operator is a non-profit organization, the front of the collection container shall also conspicuously display a statement describing the non-profit cause that will benefit from the donations.
4.
If the collection container operator is a for-profit entity, the front of the collection container shall also conspicuously display a statement that reads "this donation is not tax deductible."
5.
Collection containers and operators shall comply with all other applicable federal, state and local laws and regulations.
(Ord. 18-06 § 2)
§ 17.42.080 Enforcement and violations.
§ 17.42.090 Joint and several liability.
The property owner and operator shall be jointly and severally liable for violations of this chapter.
(Ord. 18-06 § 2)
§ 17.42.100 Amortization period and removal.
Section 17.03.070, pertaining to legal nonconforming uses of this code, shall not apply to collection containers. Instead, all operators of collection containers existing on the effective date of the ordinance codified in this chapter shall have ninety days to remove any existing collection containers. If an illegal collection container is located within the city limits ninety days after the effective date of this chapter, the city may remove and dispose of the collection container immediately. If a collection container is removed by the city, the operator shall be charged the actual costs of such removal, plus any applicable administrative or other costs and fees authorized to be collected by the city pursuant to federal, state, or local laws, rules and regulations, including this code. Such charges, costs and fees shall be considered a debt to the city, and payment shall be a prerequisite to the issuance of any permit or other approvals by the city to the extent authorized by federal, state or local laws, rules or regulations.
(Ord. 18-06 § 2)