Chapter 6.15 — AUTO BODY REPAIR SHOPS

The definitions set forth in this part shall govern the application and interpretation of this chapter.

(Ord. 26476.)

A.

"Auto body repair shop" means any operation not otherwise expressly excluded by subsection C. that is a place of business operated by an automotive repair dealer where automotive collision repair or reconstruction of automobile or truck bodies is performed.

B.

"Auto body repair shop" includes any of the following activities:

Repairing motor vehicles, including, with limitation, the removal of integral parts or component materials of motor vehicles for the purpose of repairing those motor vehicles, parts or materials; or

Buying, selling or dealing in motor vehicles for the purpose of repairing motor vehicles on site; subject to subsection B.1. above; or

Buying, selling or dealing in component materials or integral parts of motor vehicles, in whole or in part, for the purpose of repairing motor vehicles on site; or

Buying, selling or dealing in used motor vehicle parts for the purpose of repairing motor vehicles on site; or

Refurbishing, repairing, cleaning, painting or renovating motor vehicles or component materials or integral parts of motor vehicles.

C.

"Auto body repair shop" does not include premises on which two or more registered and operable motor vehicles are held or stored, only if the motor vehicles are used, or intended to be used, for one of the following purposes:

Restoration or replacement parts or otherwise in conjunction with any business of a licensed dealer, manufacturer, or transporter of motor vehicles; or

Restoration or replacement parts or otherwise in conjunction with the operation and maintenance of any fleet of motor vehicles used for the transportation of persons or property; or

Premises or property used in conjunction with any agricultural, farming, mining, or ranching business; or

The occasional and incidental repair of motor vehicles by dealers, as defined under state law, who have secured dealer's plates from the department of motor vehicles of the state of California for the current year and whose principal business is buying and selling new and used motor vehicles; except that those dealers who maintain an auto body repair shop as defined above shall fall under this definition.

(Ord. 26476.)

"Automotive repair dealer" means any person who, for compensation, engages in the business of repairing or diagnosing malfunctions of motor vehicles.

(Ord. 26476.)

"Director" means the director of the department of planning, building and code enforcement or the director of such other department the city manager may designate to administer and enforce the provisions of this chapter.

(Ord. 26476.)

"Motor vehicle" means a passenger vehicle required to be registered with the department of motor vehicles, all motorcycles whether or not required to be registered by the department of motor vehicles, motorhomes, trailers, scooters and all other motorized and nonmotorized vehicles, but does not include pedal powered vehicles.

(Ord. 26476.)

Part 2 - GENERAL PROVISIONS

A.

No person shall engage in the activities of an auto body repair shop without first obtaining an auto body repair shop permit from the director and paying the applicable permit fee or permit renewal fee in accordance with the provisions of this chapter and Chapter 6.02 of Title 6 of this Code.

B.

An auto body repair shop permit is a business permit for purposes of Chapter 6.02 of Title 6 of this Code.

C.

The procedures set forth in Chapter 6.02 shall govern the application for, the investigation related to, and the approval, denial, suspension, revocation, and renewal of any auto body repair shop permit issued pursuant to this chapter, except as otherwise provided in this chapter.

(Ord. 26476.)

Fees for an auto body repair shop permit application and follow-up inspections shall be as set forth in the schedule of fees established by council resolution.

(Ord. 26476.)

The act or omission of any partner, owner, associate, director, manager, officer, agent or employee of an auto body repair shop permit applicant or permittee is, for all purposes of this chapter and Chapter 6.02, an act or omission of the auto body repair shop permit applicant or permittee.

(Ord. 26476.)

A.

All applicants for an auto body repair shop permit or a renewal thereof shall file with the director a written application in accordance with the provisions of Section 6.02.050.

B.

An applicant for an auto body repair shop permit or renewal thereof shall submit to the city the following information in addition to the information required pursuant to Section 6.02.050:

A detailed and complete description of the nature of the activities and/or business that the applicant intends to conduct at each location or place of business; and

The name, residence address, and residence telephone number of the applicant or a responsible agent of the applicant to receive notices on behalf of applicant pursuant to this chapter; and

A list describing all of the other permits and approvals applied for or obtained by the applicant to use the property for, or to perform, auto body repair shop activities; and

A detailed and accurate storm water pollution prevention plan (SWPPP) and hazardous materials business plan (HMBP) for approval by the director describing the actions that will be taken and the materials and equipment that are or will be installed and maintained at the property to prevent drainages, spills or other releases of hazardous materials on or from the property and to prevent storm water pollution on or from the property. The storm water pollution prevention plan and hazardous materials business plan shall include a description of the surfaces, systems, facilities, equipment and materials used or to be used and a site map showing the actual locations of all drains.

C.

An applicant for and permittee of an auto body repair shop permit shall provide the director with written notice of any change to the information concerning ownership, occupancy and use which was provided as part of the application. The applicant or permittee shall provide this notice prior to the date that the change

is anticipated to occur, whenever practicable. Otherwise, the applicant or permittee shall provide this notice within thirty days of the date that the change occurred.

D.

An applicant or permittee of an auto body repair shop shall provide the director with written approval of a criminal history investigation from the chief of police.

(Ord. 26476.)

An application for an auto body repair shop permit or renewal thereof may be denied, suspended or revoked by the director upon any of the grounds set forth in Section 6.02.130 or on any of the following additional grounds:

A.

Any part of the storm water pollution prevention plan submitted pursuant to Section 6.15.230 is inadequate; or

B.

Any part of the security plan developed and maintained pursuant to Section 6.15.380 is inadequate; or

C.

The applicant or permittee has failed to timely obtain or comply with any permit or other approval required to use the property for or to perform auto body repair shop activities; or

D.

The applicant or permittee has failed to comply with any of the provisions of this chapter; or

E.

The applicant or permittee of an auto body repair shop, within five years prior to the date of application, has been convicted of a crime, and the crime is substantially related to the qualifications, functions or duties of the autobody repair business.

(Ord. 26476.)