Planning Commission denies conditional use permit for three donation bins at Lincoln Hills Town Center

The City of Lincoln Planning Commission on Feb. 19 denied a conditional use permit application for three clothing donation bins proposed at 61 Lincoln Boulevard (Lincoln Hills Town Center).

Staff had recommended approval, finding the project met Lincoln Municipal Code conditional‑use criteria and that the project would be exempt from CEQA, subject to conditions addressing maintenance, monitoring and graffiti removal. “As stated in the Lincoln Municipal Code, outdoor storage and displays, including donation bins, are considered a conditional use within commercial districts,” Michaela Noble, associate planner with the Community Development Department, told the commission.

An applicant representative described software-driven monitoring and routine pickup operations using box trucks, saying crews visit sites according to fill levels and that crews remove graffiti “within usually 12 20 24 hours or so.” The representative said the company typically coordinates placement with landlords and had placed similar bins in other shopping centers.

Several commissioners and area tenant representatives raised safety and nuisance concerns. Commissioner Jerry Johnson said the proposed location is on a narrow section of the parking lot near an entrance and could encourage unsafe stopping and quick exits from vehicles. “I think we can do better. I think safety needs to be considered and I'm directing on my comments are towards staff. I think the location is a bad idea,” Chairman Peter Gilbert said during deliberations.

Holly Jensen, lead director of real estate for CVS Health in California and Hawaii, spoke by phone and opposed the bins. She said the landlord’s placement violated CVS’s lease and that CVS does not consent to bins near its stores because of safety and nuisance issues; she also said the contents are typically sold by the pound rather than distributed to local charities. “We do not consent to this. We don't consent to the trash, that gets piled up next to it,” Jensen said.

Commissioners discussed possible conditions to mitigate concerns — including limiting pickup procedures to avoid blocking drive aisles, requiring dedicated short‑term parking for quick dropoffs, or moving bins behind the building — but several members said the site-specific circulation and prior dumping problems weighed against approval. Staff confirmed code enforcement had previously engaged on similar bins and that the City had received complaints about dumping at prior locations.

Commissioner Jerry Johnson moved to deny the CUP; Commissioner Tony Manning seconded. The motion carried on a roll call vote, 6‑0 (one seat vacant). The commission adopted a motion to deny the application and encouraged the applicant to work with staff and the property owner and to consider alternative locations and stronger operational conditions before reapplying.

The staff report said conditions of approval (had the commission approved the item) would have required regular maintenance, photographic documentation of five site inspections per week, 24/7 camera surveillance by the property manager or plaza owner, graffiti removal obligations (cleanup within 48 hours), and coordination of pickup routines so trucks do not block drive aisles. Commissioners asked staff to consider whether additional measures (bonds, clearer owner responsibility, shorter-term parking stalls for dropoffs) are warranted if a revised proposal returns to the commission.

The Planning Commission encouraged the applicant and property owner to coordinate with staff and property tenants (including Goodwill and CVS) and indicated a revised application with a different location or stricter conditions could be brought back for review.