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a. Purpose and Intent. It is the purpose and intent of this section to provide for the orderly regulation of businesses that sell secondhand goods, including antiques and pawn shops. In accordance with California Business and Professions Code Sections 21300 and 21641, these regulations provide for licensing of these types of businesses by the City. These businesses, by their nature, have some objectionable characteristics and when concentrated, can contribute to the blighting or downgrading of the surrounding neighborhood. In order to protect and preserve public health, safety and welfare, special regulation review of these uses is necessary.

b. Permit and Clearances Required. Any retail sales of secondhand goods, including antique stores, secondhand or thrift shops, and/or pawn shops shall require clearance from the Police Department and a seller’s permit from the California Board of Equalization. Secondhand, thrift shops, and/or pawn shops shall require a use permit as specified in the zoning district regulations, subject to the following performance standards:

c. Performance Standards. All retail sales of secondhand goods shall meet the applicable criteria and standards as required by this section or any other regulation of the City; provided, that the Planning Commission or City Council, as the case may be, may relax such standards or impose stricter standards as an exercise of discretion upon a finding that such modifications are reasonably necessary in order to implement the general intent of this section or to protect the health, safety and welfare of the public, community and the environment. Where applicable donation drop-off activities shall either take place inside the building with donators entering the building and leaving items with an employee or if done outside the building the items must be directly given to a store employee.

1. All donations at retail storefront sites are to be accepted during normal business hours as there are to be no donations accepted or left outside the facility after normal business hours. Donation drop-off activities shall either take place inside the building with donators entering the building and leaving items with an employee or if done outside the building the items must be directly given to a store employee.

2. All storage and sales of secondhand goods, including drop-off items, shall be within an enclosed building.

d. Unattended Donation Boxes.

1. Definitions for donation box facilities are referenced in Article 18-45 under donation box facilities.

2. Purpose. The purpose of these regulations is to promote the health, safety, and/or welfare of the public by providing minimum blight-related performance standards for the operation of unattended donation/collection boxes (UDCBs). This includes establishing criteria to ensure that material is not allowed to accumulate outside of the UDCBs, the UDCBs remain free of graffiti and blight, UDCBs are maintained in sanitary conditions, and residents and/or users are fully informed of those who operate the UDCBs so that they can be contacted if there are any blight-related questions or concerns.

3. Responsibility. The parcel owner and the UDCB operator (operator) have joint and several liability for blight-related conditions and/or compliance with this section, including fees, administrative citations, civil actions, and/or legal remedies relating to a UDCB. The parcel owner remains liable for any violation of duties imposed by this section even if the parcel owner has, by agreement, imposed on the operator the duty of complying with the provisions of this section.

4. Maintenance.

(a) No blight shall be within twenty (20') feet of the UDCB including but not limited to donation/collection overflow, litter, debris, and dumped material.

(b) UDCBs shall be maintained and in good working order. Items to be repaired, removed, and/or abated include, but are not limited to, graffiti, removed or damaged signs and notifications, peeling paint, rust, and broken collection operating mechanisms.

(c) UDCBs shall be serviced not less than weekly between 7:00 a.m. and 7:00 p.m. on weekdays and 10:00 a.m. and 6:00 p.m. on weekends. This servicing includes the removal of donated/collected material and abatement of the blight described in this section.

(d) The operator shall maintain an active email address and a twenty-four (24) hour telephone service with recording capability for the public to register complaints.

(e) UDCBs cannot be used for the collection of solid waste and/or any hazardous materials.

5. Standards and Requirements.

(a) A UDCB is only permitted on a lot that also contains a principal building that contains at least one (1) operating business.

(b) UDCBs are prohibited within any of the following locations:

(1) Fifty (50') feet from lots that lie in a residential, detached unit residential, or mixed housing type residential zone as designated in the City’s Zoning Maps;

(2) The public right-of-way and twenty (20') feet of the public right-of-way;

(3) Five (5') feet from any property line; or

(4) Landscaping.

(c) UDCBs cannot block or impede access to:

(1) Required parking or driveways;

(2) Pedestrian routes;

(3) Emergency vehicle routes;

(4) Building ingress and egress;

(5) Required handicapped accessibility routes;

(6) Required easements; or

(7) Trash enclosure areas or access to trash bins/trash enclosures.

(d) No more than one (1) UDCB is permitted per parcel unless documented evidence is submitted to the Director that a second bin is required due to the volume of items delivered to the site. A UDCB must be operating at a site for at least ninety (90) days in order to establish that a second bin is required. Both UDCBs shall have the same operator. No fee is required to submit an application for this second bin.

(e) The donation/collection area must be visible from the principal building and be no more than ten (10') feet from a continually operating light source of at least one (1) footcandle

6. Contact Information Required. The UCDB must have the following information conspicuously displayed on at least two (2") inch type visible from the front of the UDCB:

(a) The name, address, twenty-four (24) hour telephone number, and, if available, the internet web address, and email address of the owner and operator of the UDCB and the parcel owner/owner agent;

(b) Address and parcel number of the site;

(c) Instructions on the process to register a complaint regarding the UDCB to the City Code Enforcement Division;

(d) The type of material that may be deposited;

(e) A notice stating that no material shall be left outside the UDCB;

(f) The pickup schedule for the UDCB;

(g) The parcel containing the UDCB shall display a sign with text in at least two (2") inch typeface stating that no material shall be left outside the UDCB. This sign shall be installed at a visually conspicuous location within a radius of twenty (20') feet from the UDCB.

7. Maintenance.

(a) No blight shall be within twenty (20') feet of the UDCB including, but not limited to, donation/collection overflow, litter, debris, and dumped material.

(b) UDCBs shall be maintained and in good working order. Items to be repaired, removed, and/or abated include, but are not limited to, graffiti, removed or damaged signs and notifications, peeling paint, rust, and broken collection operating mechanisms.

(c) UDCBs shall be serviced not less than weekly between 7:00 a.m. and 7:00 p.m. on weekdays and 10:00 a.m. and 6:00 p.m. on weekends. This servicing includes the removal of donated/collected material and abatement of the blight described in this section.

(d) The operator shall maintain an active email address and a twenty-four (24) hour telephone service with recording capability for the public to register complaints.

(e) UDCBs cannot be used for the collection of solid waste and/or any hazardous materials. (Ord. #248-2020, S2 (Exh. A))