Earlier editions: 2026-09
Title 6 — BUSINESS LICENSES AND REGULATIONS
San Jose Municipal Code Ch. 6.34 Gasoline Service Stations
San Jose Municipal Code · 2026-10 edition · updated 2026-10-04 · San Jose
Cite as: San Jose Municipal Code Chapter 6.34 · Text as of 2026-10-04
Footnotes:
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State Law reference— For statutory provisions on petroleum, see Bus. and Prof. Code § 20700 et seq.
6.34.010 - Definitions.¶
For the purpose of this chapter certain words and phrases are defined and certain provisions shall be construed as set forth in this section, unless the provisions of the context otherwise require.
A. "Gasoline" means any product of petroleum or any hydrocarbon liquid that will flash or emit an inflammable vapor below the temperature of one hundred ten degrees Fahrenheit.
B. "Gasoline service station" means a building or lot where gasoline (in quantities larger than five gallons), lubricating oils, or lubricating service are furnished or sold.
(Prior code §§ 6704.1 - 6704.3.)
6.34.020 - Permit - Required.¶
No person shall operate a gasoline service station, or other business engaged in the handling of flammable liquids, without having first obtained a permit therefor from the chief of the fire prevention bureau.
(Prior code § 6704.4.)
6.34.030 - Permit - Application requirements.¶
All applications to operate gasoline service stations in the city shall be made to the fire chief on blanks to be furnished by him, which applications shall specify the name and address of the applicant, the name of the owner or owners, and the location of the property proposed to be used for such purpose, together with such other information as the fire chief may require. Each such application shall be accompanied by one complete set of plans and specifications for construction of the proposed gasoline service station.
(Prior code § 6704.5.)
6.34.040 - Permit - Fee.¶
For gasoline service station permit fees, see schedule of fees established by resolution of council.
(Prior code § 6704.6; Ord. 21285.)
6.34.050 - Premises - Construction specifications.¶
A. All buildings hereafter erected and all buildings hereafter altered or changed so as to be occupied as gasoline service stations shall be so constructed as to comply with the provisions of the building code.
B. No basements shall be allowed in any gasoline service station.
(Prior code § 6704.7.)
6.34.060 - Premises - Fire regulations.¶
For fire prevention regulations, see Chapters 17.12 and 17.16.
(Prior code § 6704.8.)
6.34.070 - Premises - Driveway widths.¶
Driveway widths for gasoline service stations shall not exceed the dimensions stated below within that section of the city bounded by the following streets:
A. Both sides of Santa Clara Street from Vine Street to Fourth Street;
B. Both sides of Market Street from St. James Street to San Carlos Street; and south of San Salvador Street;
C. Both sides of San Salvador Street from Market Street to Third Street;
D. Both sides of Third Street from San Salvador Street to St. John Street;
E. Both sides of St. John Street from Third Street to First Street;
F. Both sides of First Street from St. John Street to St. James Street;
G. Both sides of St. James Street from First Street to Market Street.
(Prior code § 6704.9.)
6.34.080 - Premises - Driveway dimensions - In designated area.¶
Driveway dimensions within the area set forth in Section 6.34.070 shall be not more than two driveways, each twenty-four feet wide, or one driveway thirty-two feet wide, on each street frontage, nor in any event more than fifty percent of street frontage.
(Prior code § 6704.10.)
6.34.090 - Premises - Driveway dimensions - Other locations.¶
In locations other than those situate within that section of the city specified in Section 6.34.070, driveway dimensions shall be determined by the director of streets and traffic and the fire chief shall refer each application for any permit to operate a gasoline service station in any such location to the director of streets and traffic, whose approval of driveway dimensions shall be a prerequisite to approval of such application by the fire chief.
(Prior code § 6704.11; Ords. 21624, 23734.)
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