Novato City Council modifies gas station ban

An amendment to a recent ban on new gas stations in Novato is moving forward amid concerns the prohibition could lead some fueling sites to close.

The amendment, unanimously approved by the City Council on Tuesday, was recommended by city staff after they realized a provision in the ban could prevent the city’s 12 gas stations from being repaired or rebuilt if they receive even a minor amount of damage.

The ordinance, adopted in late 2022, bans the construction of new gas stations and the expansion of existing stations in an effort to transition the city away from fossil fuel reliance and toward electric-powered transportation. The ban does not affect the planned Costco and Hanna Ranch Road gas stations, which were already under city review before the ordinance was passed.

The current rules prohibit an existing gas station from being reconstructed or repaired if the damages exceed 50% of the station’s assessed value. City Planning Manager Steve Marshall said that for other land uses the city has deemed as “non-conforming,” the city sets the damage threshold at 75%, meaning gas stations could receive a minor amount of damage and still be banned from being rebuilt.

“At the time, staff was under the impression that, well, if we’re banning new gas stations, is there really a desire to see existing stations continue on for the long term?” Marshall told the council on Tuesday. “And our perception was that, no, gas stations were ideally going to be phased out, and so we added a 50% threshold, which is very low.”

The amendment the council advanced on Tuesday would remove the damage threshold entirely and require that a gas station complete any repairs or reconstruction within two years. The ordinance is expected to go back to the council for final approval at its May 9 meeting.

The rebuilt gas station would not be allowed to expand fossil fuel capacity and would need to comply with building and safety codes.

“We don’t want gas station sites sitting empty for long periods of time after there is damage or destruction,” Marshall told the council, explaining the two-year limit.

The damaged gas station would also be allowed to be sold to a new owner, but it still must complete repairs within two years of the date it was damaged, Marshall said.

The city Planning Commission voted unanimously last month to recommend approval of the amendment.

No gas station owners or companies provided comment on the changes on Tuesday or during the Planning Commission meeting. Marshall said notices were sent to all gas stations prior to the meeting and the city received no responses.

Council members voiced general support for the change. Councilman Tim O’Connor called it a “proactive, common sense” change.

Councilwoman Pat Eklund raised concerns about the ordinance only capturing some of the regulatory codes and standards that a gas station would need to adhere to when being rebuilt or repaired.

“Gas stations are very complicated in a very heavily weighted regulatory environment,” Eklund said during the meeting.

Marshall said that section of the ordinance was not up for review on Tuesday and would need to go through a separate review. But he said there is a separate “catchall” provision in the ordinance that captures any other local, state or federal laws and requirements.

As the city’s zoning administrator, Marshall said he is in charge of writing an interpretation of how to implement this section of the ordinance, which he said he would do.

Silke Valentine, a steering committee member for the 350 Marin environmental nonprofit group, asked why the council would consider the changes given the continued effects of greenhouse gas emissions on the environment and the urgent need to transition away from them to avoid the worst climate impacts.

“The world must rapidly shift from burning fossil fuels, the No. 1 cause of climate crisis, and here we are talking about gas stations and how to rebuild them and repair them,” Valentine told the council.

Woody Hastings of the Coalition Opposing New Gas Stations, a North Bay organization, said last month that it does not oppose Novato’s proposed amendment.