City ponders revisions to new gas station ban
Existing owners fear plan could shut them down
Novato might amend its prohibition of new gas stations amid concerns by existing gas station owners that the ordinance could shutter their businesses as well.
Approved last year, the city’s ordinance bans the construction of new gas stations or the expansion of the city’s 12 existing stations.
The section of the ordinance that raised concerns determines whether a station can be rebuilt if it sustains damage. The ordinance prohibits reconstruction if the damages exceed 50% of the gas station’s assessed value.
“You’re probably going to trigger that pretty quickly with a fairly minor amount of damage to a gas station, the way the valuations work,” city Planning Manager Steve Marshall told the Planning Commission this week.
The Planning Commission voted unanimously on Monday to recommend that the City Council amend the ordinance to remove this section, but require that gas stations complete any repairs or reconstruction within two years to avoid a long-term blight.
Commissioners said the objective of the ordinance was not to remove stations.
“I think the point of it was not to have a proliferation or an expansion of gas stations,” Peter Tiernan, chair of the commission, said before the vote. “I think we have a sufficient number of service stations in town.”
“I never liked the ordinance in the first place so I want to make sure there is the most flexibility possible for any of the gas stations,” commissioner Matt Derby said during the meeting.
The amendment will be considered by the City Council at a date to be determined.
Woody Hastings of the Coalition Opposing New
Gas Stations, an organization that has advocated for bans on new gas stations throughout the North Bay, said he does not oppose Novato’s proposed amendment.
“We do not oppose gas stations being rebuilt even if they are completely wiped out in a disaster,” Hastings said. “So on the face of it, I don’t think we would be opposing what the staff is wanting to do.”
North Bay communities have been the first in the nation to adopt bans on new gas stations in an attempt to advance the state’s goal to transition from gaspowered vehicles to electric vehicles.
Petaluma was the first city in the nation to adopt a ban in 2021, followed by Rohnert Park, Sebastopol, Cotati, Santa Rosa and Windsor.
Novato was the first city in Marin to enact a full prohibition of new gas stations, followed soon after by Fairfax. San Anselmo adopted a temporary ban last year and extended it through 2023 as it considers implementing a full ban.
On Tuesday, Sonoma County became the first county in the nation to enact a ban on new gas stations in unincorporated areas.
Marin County is not considering a similar ban.
“Keep in mind Marin’s unincorporated geography, most of which is protected under a local/state/ federal open space designation,” county spokesperson Laine Hendricks wrote in an email. “It would be very difficult to find a suitable site for a new gas station. That doesn’t mean it’s impossible, but it’s not an apples-to-apples situation with Sonoma.”
Critics of the bans say the transition to electric vehicles is still many years away and that drivers will continue to require gas stations for some time. The California Fuels and Convenience Alliance, a trade organization representing gas stations, has written to cities opposing the bans, stating that electric vehicles remain expensive and that expanding electric vehicle infrastructure will require funding from traditional fuels until most vehicles transition away from fossil fuels.
San Anselmo Councilmember Alexis Fineman disagrees.
“Some have criticized these bans as ineffective,” Fineman said. “And yet, a gas station lobbyist reached out to me with concern over the potential ban. If the fossil fuel lobby opposes, I take it on principle that we’re onto something good.”