San Jose Municipal Code Part 3 Operating Regulations and Permit Conditions

Every auto body repair shop permittee shall keep a record of the sale, purchase, exchange, repair, or storage of any automobile or motor vehicle delivered into his or her possession, as required by the applicable sections of the California Vehicle Code, for a minimum period of three years or such longer period of time as may be required by law, whichever is greater, as well as a copy of all current permits and copies of the current storm water pollution prevention plan and the hazardous materials business plan, which records shall at all times be open to inspection by the director, the chief of police or any authorized peace officer.

(Ord. 26476.)

A. Every auto body repair shop permit issued by the director shall strictly comply with the terms and conditions set forth in this part, as well as all other conditions that are specifically set forth in the auto body repair shop permit.

B. The provisions of this part shall constitute operating regulations. It shall be unlawful to violate of any of the provisions of this part.

C. Every applicant for an auto body repair shop permit and every auto body repair shop permittee shall strictly comply with all of the provisions and procedures set forth in Chapter 6.02, as modified by the provisions of this chapter.

D. A violation of any operating regulation shall constitute grounds for denial, suspension or revocation of an auto body repair shop permit.

E. The provisions of this part are intended to provide a minimum level of protection of the environment and the public health, safety and welfare at automobile body shop operations. Nothing in this part is intended to, nor shall prevent the city from imposing site-specific operating requirements and conditions through other applicable permitting and approvals processes, including, without limitation, environmental or land use approvals or permits. In the event of a conflict between an operating regulation set forth in this part and a requirement or condition contained in any other applicable permit or approval, the more specific or restrictive requirement or condition shall apply.

(Ord. 26476.)

The applicant or permittee shall maintain all records and current permits at the business premises and, make them available to the director, the director's designated agent, or any peace officer upon reasonable request during regular business hours to inspect the premises, the security plan developed and maintained pursuant to Section 6.15.380 and records kept pursuant to Section 6.15.300 to determine compliance with the provisions of this chapter.

(Ord. 26476.)

All auto body repair shops shall comply with all applicable laws, ordinances, codes, regulations and permit conditions of the federal, state and local governments and agencies, including, without limitation: all conditions set forth in permittee's auto body repair shop permit; zoning laws; the conditions of any land use permits; business tax certificate requirements; building, plumbing, electrical, and mechanical codes and regulations; fire safety codes and regulations; sanitary sewer and storm drainage regulations; regulations pertaining to the storage, handling and disposal of hazardous materials; the Federal Water Pollution Control Act (also known as the Clean Water Act), and the conditions of any applicable national pollution discharge elimination system permit.

(Ord. 26476.)

A. An auto body repair shop shall not perform any business activities at any time between the hours of 12:00 a.m. and 7:00 a.m. without the express written consent of the director.

B. An auto body repair shop shall not conduct any business activities between the hours of 12:00 a.m. and 7:00 a.m. within five hundred feet of a residential use unless proof is made to the director that there is no negative impact on any residential property that is located within five hundred feet of the auto body repair shop.

(Ord. 26476.)

An auto body repair shop shall conduct all activities in accordance with applicable industry best management practices ("BMP's") and the direction of the fire department, the environmental services department, the air quality management district or other regulatory agencies as directed.

(Ord. 26476.)

A. An auto body repair shop shall not use, handle, store, dispose of or allow the release of any solution or hazardous material on or from the property, except as may be allowed under and in compliance with applicable laws and permits obtained by the auto body repair shop.

B. Every auto body repair shop shall take reasonable steps to ensure that any solution or hazardous material allowed on the property shall be used, handled, stored and disposed of in a safe and proper manner and to prevent drains, spills or other releases of any solution or hazardous materials on the property, including, without limitation:

1. Draining all fluids from vehicles or vehicle parts only on impervious surfaces described in the storm water pollution prevention plan pursuant to Section 6.15.230 above; and

2. Removing and properly storing or disposing of batteries; and

3. If any of the following materials including oil, grease, total suspended solids or other materials that may be specified in permittee's auto body repair shop permit are present at the auto body repair shop premises, permittee shall monitor and keep a written record of these materials, as well as monitor and keep a written record of the conductivity and the potential for hydrogen in the water runoff or discharge from the property, no less frequently than once per month during any month with measurable rainfall, or more frequently as may be set forth in an auto body repair shop permit; and

4. Prohibiting customers from performing motor vehicle repairs on their own or other motor vehicles on the property.

C. Permittee shall immediately notify the city and other appropriate public agencies of any release of any solution or hazardous material on the property or from the property to any storm drain or sanitary sewer system.

D. Permittee shall fully cooperate and comply with any investigation, cure, remediation or other order of the city or other appropriate public agency applicable to a hazardous material located on or affecting the property.

(Ord. 26476.)

Every auto body repair shop shall keep the property on which its activities are conducted in a clean and safe condition by, at a minimum, performing all of the following tasks:

A. Properly removing and storing all trash, litter, rubbish and debris on the property at the end of each business day; and

B. Properly disposing of all trash, litter, rubbish and debris from the property on a daily basis; and

C. Removing graffiti placed upon the property as required under this Code; and

D. Storing separate motor vehicle parts, excepting the chassis, body and tires, and metal scrap bin in an enclosed storage area with a roof; and

E. Performing any and all spray painting activity within a fully enclosed and properly ventilated area that is in compliance with the city's fire codes and Bay Area air quality management district requirements; and

F. Parking motor vehicles and allowing motor vehicles to be parked only in those areas of the property designated for parking and in accordance with any applicable land use permit for the property; and

G. Towing or having towed from the property any abandoned, dismantled, or inoperable motor vehicle that is not parked or stored on the property; and

H. Taking all reasonable precautions and measures to prevent any unreasonable emission of noxious or offensive odors or dense smoke from the property; and

I. Keeping driveways, sidewalks, parkstrips, fire access roads and streets on or adjacent to the property clear and clean; and

J. Covering greasy or oily motor vehicles or motor vehicle parts, including scrap metal bins or motor vehicle parts bins, during rainy periods; and

K. Otherwise operating in a manner that does not create any significant, adverse impacts upon the property or upon neighboring properties.

(Ord. 26476.)

A permittee shall take reasonable precautions and measures to secure the premises on which it conducts its activities or on which its business is located, and the personal property thereon, including, without limitation, doing all of the following:

A. Preparing and maintaining on the premises a security plan for inspection and approval by the director, which shall describe the method used by permittee to prevent unauthorized access to the premises and to prevent theft of property located on the premises; and

B. Keeping and maintaining the premises and personal property in accordance with the security plan; and

C. Securely locking all buildings and fences located on the real property at the end of each business day.

(Ord. 26476.)

Auto body repair shops lawfully conducting auto body repair shop activities in the City of San José on August 28, 2001 shall have until midnight on December 31, 2001 to obtain an auto body repair shop permit and bring their activities, operations and properties into compliance with this chapter.

(Ord. 26476.)