Special use permit required.
San José Municipal Code § 20.80.600
in effectA. No person, firm or corporation shall convert, in whole or in part, a fuel service station dispensing gasoline to any other use without a Special Use Permit in the case of conversion to a permitted or special use in the District, or a Conditional Use Permit in the case of conversion to a conditional use in the District. B. The following requirements shall be applied by the Director, or the Planning Commission on appeal, in granting a Special Use Permit under this Part: 1. Tank Safeguarding or Removal. All flammable or combustible liquid storage tanks shall be safeguarded or removed in compliance with the provisions of Chapter 17.68 of Title 17 of the San José Municipal Code, and the area shall be resurfaced and landscaped in a manner appropriate to the proposed converted use. 2. Equipment. Pumps, pump islands, mechanical equipment, wells, offices, accessory structures, insignias, trademarks, billboards, signs, kiosks and the supporting structures, mounting, and foundations of the listed items, and any and all other improvements situated on the site, and formerly utilized for the gasoline service station use, shall be removed or found to be compatible with the proposed conversion. 3. Soil Testing and Clean-up. The lot may be tested for soil contamination. If such contamination is found, the soil shall be rendered free of such contamination through clean-up procedures which are in accordance with applicable federal, state and local regulations. 4. Driveway Closure. Existing driveways shall be closed as determined by the director to minimize ingress and egress to the site to reduce potential hazards to pedestrian and vehicular circulation. 5. Landscaping. Landscaping shall be included in the site design to enhance the overall aesthetics of the converted site. C. Notwithstanding the above conditions, hydrogen-fueling stations shall be permitted on parcels zoned for industrial or commercial development or were previously developed as gas stations pursuant to Government Code Section 65850.7. The following specific requirements for hydrogen fueling stations shall apply. 1. A hydrogen-fueling station shall meet all of the following, as applicable: a. Safety and performance standards established by the Society of Automotive Engineers and accredited nationally recognized testing laboratories. b. Any rules established by the state Air Resources Board, Energy Commission, or Department of Food and Agriculture regarding safety, reliability, weights, and measures. c. Guidance established by the Governor's Office of Business and Economic Development, as outlined in the Hydrogen Station Permitting Guidebook. 2. Applicants shall submit the required permit application and documents to the Building Division of the Planning, Building, and Code Enforcement Department. An application for a hydrogen-fueling station permit may be denied if the Building Official finds that: (1) the proposed installation would have a specific, adverse impact upon public health or safety; and (2) there is no feasible method to satisfactorily mitigate or avoid the adverse impact. (Ords. 26248, 27626, 31298 .)
Source: San José Municipal Code (Municode library)URL: https://library.municode.com/ca/san_jose/codes/code_of_ordinancesFetched: 7/25/2026