Cotati City Council
Agenda Staff Report
Item type: CONSENT CALENDAR (ACTION)
To: City Council
Subject: Second reading of an ordinance to prohibit new and expanded service station facilities that store, convey, or dispense fossil fuels (Gas Station Ban) File No.
PA21-27
Date: July 26, 2022
Written by: Jon-Paul Harries, Senior Planner
Recommendation
It is recommended that the City Council conduct the second reading and adopt an ordinance amending Section 17.24.020 (Allowable Land Uses), Section 17.42.180 (Service Station), and Chapter 17.90 (Definitions) of the Cotati Municipal Code to provide provisions for electric vehicle charging and prohibit, citywide, new or expanded service station facilities that store, convey, or dispense fossil fuels to vehicles.
Background
In February and March 2021, the City of Petaluma received international news recognition because of their decision to adopt General Plan and zoning amendments that banned gas stations as an allowable land use in the city. The ban was preceded by a citywide moratorium on new gas stations that was adopted in response to a highly controversial new gas station project as well as a growing population of Sonoma County residents that are opposed to new gas stations, and specifically the use of fossil fuels that contribute to air, soil and groundwater pollution and greenhouse gas (GHG) emissions.
Following Petaluma’s decision to ban gas stations, several other jurisdictions in the area, including Cotati, voiced a desire to consider a similar ban. On July 12, 2021, the Sonoma County Regional Climate Protection Authority (RCPA) Board unanimously passed a motion directing the RCPA staff to return to the Board with a resolution supporting local actions to ban the construction of new gas stations. On September 13, 2021, the RCPA adopted Resolution 2021- 003, which recommended the county and all incorporated jurisdictions in Sonoma County “cease all processing of applications for and permitting of new gas stations or expansions of existing gas stations in their local jurisdiction.” To date, the north bay communities of Sebastopol, Rohnert Park, Calistoga and American Canyon and have also adopted regulations prohibiting future gas stations.
On October 26, 2021, at a regularly scheduled Cotati City Council meeting, the City Council reviewed the commitments and priorities of the Community Development Department and affirmed that the consideration of a gas station ban was a priority for the city in the 2021/22 fiscal year.
Analysis/Discussion
Overview
Climate change represents a growing danger to human health, safety, economic prosperity, basic services, the environment, and natural resources. Sonoma County and its residents, economy and environment have experienced the adverse effects associated with climate change including prolonged wildfire seasons, firestorms, rising temperatures, coastal erosion, drought, and the resulting damage and destruction of natural habitats, property, and infrastructure.
For 20 years the City of Cotati has been assertive in its policies and actions to protect the environment and prevent climate change. In 2002 Cotati joined with the other Sonoma County jurisdictions to be the first region in the nation to pledge to measure and reduce GHG emissions.
Since then, it has adopted policies and taken numerous actions consistent with that pledge (see Exhibit A).
The proposed ordinance continues Cotati’s actions to combat climate change by targeting the transportation sector and the adverse impacts caused by fossil fuels. According to “California’s 2022 Climate Change Scoping Plan,” prepared by the California Air Resources Board, the transportation sector accounts for 40% of GHG emissions in the State.
Figure 1. State GHG emission contributions by Scoping Plan sector (California’s 2022 Climate Change Scoping Plan)
Within Sonoma County, the transportation sector accounts for 60% of GHG emissions according to the “Climate Mobilization Strategy” adopted by the RCPA on March 8, 2021 - which makes transportation the largest sector of GHGs emissions by a significant margin. Reducing these emissions is critical to meeting GHG emission reduction targets and achieving this goal will require a near-term shift from internal combustion engines to zero-emission drivetrains.
Figure 2. Sonoma County GHG emission contributions by sector (Climate Mobilization Strategy, 2021)
Strategy 4 (EV Access for All Partnership) of the Climate Mobilization Strategy sets forth the goal to “accelerate the transition to 100% electric vehicles for all transportation needs not otherwise met by biking or walking.” The first two objectives of Strategy 4 are specifically addressed by this proposed ordinance:
• 4.1 - Work with regional partners and local businesses to develop over 10,000 public and workplace charging stations in Sonoma County by 2027, emphasizing the installation of charging stations in rental properties in frontline communities. • 4.2 - Develop a package of local ordinances and other actions to address remaining permitting barriers for installing charging equipment, while also limiting permitting of new fossil fuel infrastructure.
Similarly, the proposed ordinance supports the goals of Executive Order B-48-18 (January 2018) which promotes development of zero-emission infrastructure and sets the following targets:
• 5 million zero-emission vehicles on California roads by 2030 • 200 hydrogen fueling stations and 250,000 zero-emission vehicle chargers, including 10,000 direct current fast chargers, by 2025
The proposed ordinance also supports the goals of Executive Order N-79-20, signed by Governor Newsom in September 2020. Executive Order N-79-20 establishes targets for the transportation sector to support the state in its goal to achieve carbon neutrality by 2045. The targets established by the order include:
• 100% of in-state sales of new passenger vehicles will be zero-emission by 2035 • 100% of medium- and heavy-duty vehicles will be zero-emission by 2045 for all operations where feasible, and by 2035 for drayage (short distance transport) trucks Service Stations
The City of Cotati does not have “gas station” defined as a land use category. Instead, gas stations are considered “service stations” and are defined in Chapter 17.90 of the Cotati Municipal Code (CMC) as follows:
“Service station” means a retail business selling gasoline and/or other motor vehicle fuels, and related products. Where allowed by Article 2 (Community and Project Design), a service station may also include “vehicle services,” and/or trailer rental (“Auto and vehicle sales or rental”), which are separately defined. Does not include convenience stores, which are separately defined, and regulated by this land use code as a separate land use type.
Presently, service stations require a Use Permit, and may be allowed in the following commercial zoning districts:
• CE (Commercial, East Cotati)
• CG (Commercial, Gravenstein Highway)
• CD (Downtown Commercial)
• CA (Commerce Avenue) – a district within the Downtown Specific Plan area In addition to the Use Permit requirements, all service stations are required to implement development standards set forth in CMC Section 17.42.180, which includes permit and application requirements, limitations on locations, site requirements, site planning standards, building design standards, facility operating standards, accessory uses, and requirements for the removal of fuel storage tanks upon cessation or change in use.
The proposed ordinance maintains the service station land use category but changes the land use title from “service station” to “service station (non-fossil fuel sales)” and amends the definition as shown in the following strike-out (deleted) and underline (added) text:
“Service station (non-fossil fuel sales)” means a retail business that provides electrical charging or fueling for vehicles but does not include the sale of fossil fuels. selling gasoline and/or other motor vehicle fuels and related products. New or expanded facilities to store, convey, or dispense fossil fuels are prohibited. Where allowed by Article 2 (Community and Project Design), a service station may also include “vehicle services,” and/or trailer rental (“Auto and vehicle sales or rental”), which are separately defined. Does not include “convenience stores,” and/or other commercial uses which are separately defined, and regulated by this land use code as a separate land use types.
The proposed definition clarifies that service stations cannot add new or expanded facilities that store, convey, or dispense fossil fuels. The prohibition of fossil fuel sales, as well as the limits to modifications of existing service stations, is further stated in the proposed amendments to CMC Section 17.42.180 that sets forth the development standards for service stations. CMC Section
17.42.180 would be renumerated and amended to add the following section:
“B. Sale of fossil fuels for internal combustion engines prohibited.
1. New facilities and expansions of existing facilities that store, convey or dispense automotive fossil fuels including gasoline, diesel, Compressed Natural Gas (CNG), high ethanol blends, propane and liquified petroleum gas (LPG) shall not be permitted.
2. Except as provided below, existing service station facilities used for storage, conveyance, or dispensing of fossil fuels for internal combustion engines shall not be enlarged, extended, reconstructed or relocated to a different portion of the lot or parcel occupied by such use.
a. Modifications to improve soil, groundwater, and stormwater quality. Service stations may be modified to conform to current stormwater quality control regulations or remediate contamination of the soil or groundwater.
b. Modifications to improve traffic safety. As determined by the City Engineer, the pedestrian and vehicular circulation features (e.g., curbing, sidewalks, traffic control devices) of a service station use may be modified to improve public safety. c. Modifications to enable battery charging stations. Service station uses may be modified to accommodate battery charging stations for zero-emission vehicles. d. Modifications for commercial uses other than fossil fuel sales. Service station uses may be altered to accommodate other commercial uses that are not related to fossil fuel sales and allowed in the respective zoning district.”
Land Use – “Service stations (non-fossil fuel sales)”
The proposed ordinance maintains “service stations (non-fossil fuel sales)” as an allowable land use (with Use Permit approval) in the above-mentioned CE, CG, CD, and CA zoning districts.
Providing for service stations that are limited to charging or providing alternative fuels allows for development of the facilities and services that will be required for local residents and travelers along Highway 101 as the State moves to transition to 100% zero-emission vehicles. Eliminating service stations as an allowed land use citywide could have the unintended consequence of limiting the services for zero-emission vehicles by preventing new, perhaps novel, facilities and an overreliance on existing service stations to transition from gasoline and diesel sales to facilities that serve zero-emission vehicles.
Land Use – “Electric vehicle charging station”
Charging equipment for battery-powered electric vehicles and related site improvements are typically treated as accessory uses that, pursuant to AB 1236 (Chiu, 2015), are approved through a building permit application or similar non-discretionary permit with considerations of public health and safety. Presently, the zoning code does not identify where electric vehicles charging stations may be located or if a Use Permit is required. The proposed ordinance adds the definition of “electric vehicle charging station” to the Land Use Code and makes explicit that electric vehicle charging stations are allowed in all zoning districts as an accessory use and that no discretionary Use Permit is required.
General Plan Consistency
The proposed Land Use Code amendments to prohibit facilities that store, convey or dispense fossil fuels to vehicles with internal combustion engines are in the best interest of the City because it furthers established General Plan goals and programs to reduce greenhouse gas emissions and implements some of Cotati’s local implementation measures identified in the countywide climate action plan, Climate Action 2020 and Beyond (CA2020). The amendments are consistent with and implement the following specific General Plan and CA2020 goals and objectives:
General Plan – Circulation Element
Objective CI 3A: Reduce the levels of greenhouse gas (GHG) emissions created by automobile traffic in Cotati.
Policy CI 3.1: Actively support the Regional Climate Protection Authority (RCPA) in its efforts reduce GHG emissions to a level that is 25% below 1990 levels by 2015 and 40% below 1990 levels by 2035.
General Plan – Conservation Element
Objective CON 2B: Reduce emissions of greenhouse gases from city operations and community sources.
Policy CON 2.7: Continue to aggressively implement the greenhouse gas (GHG) reduction measures contained in the 2008 Cotati Greenhouse Gas Emissions Reduction Action Plan.
Policy CON 2.8: Support the development and implementation of a GHG reduction plan, or Climate Action Plan, that addresses and reduces GHG emissions associated with community operations, including but not limited to: mobile sources (vehicle traffic), energy consumption, and solid waste.
Policy CON 2.9: Coordinate with Sonoma County and nearby cities to implement regional GHG reduction plans and consolidate efforts to reduce GHGs throughout the County.
Climate Action 2020 and Beyond
Goal 5: Encourage a Shift Toward Low-Carbon Transportation Options Goal 7: Encourage a Shift Toward Low-Carbon Fuels in Vehicles and Equipment Measure 7-L3: Reduce fossil fuel use in equipment through efficiency or fuel switching Financial Considerations
The proposed ordinance will not have an adverse financial impact on the City. The staff time to prepare the ordinance will be absorbed into the Community Development Department’s budget and any staff time to review and process future modifications to service stations will be recovered through design review application and building permit fees.
Environmental Issues
Actions Relating to the Prohibition on New or Expanded Fossil Fuel Storage and Dispensing Facilities
This ordinance to amend the Land Use Code to prohibit new and expanded facilities that store or dispense fossil fuels is not a project within the meaning of CEQA Guidelines Section 15378 and is exempt under Section 15061(b)(3) of the CEQA Guidelines because it has no potential for resulting in a direct or indirect physical change to the environment, and it can be seen with certainty that there is no possibility that the proposed amendments will have a significant effect on the environment in that the amendment prevents physical changes to the environment by prohibiting new or expanded facilities.
Actions Relating to Regulations For Modifying Service Stations This ordinance applies to five existing vehicle service stations that store, convey, and dispense fossil fuels, including gasoline and diesel fuel. This ordinance prohibits the addition, enlargement, extension, reconstruction or relocation of fueling facilities and defines three specific categories of permitted modifications, as follows: 1) those to improve soil, groundwater and stormwater quality; 2) those necessary to improve traffic safety; and 3) those to enable battery charging stations. The regulations to allow for modifications to improve soil, groundwater and stormwater quality, and traffic safety are categorically exempt from CEQA in accordance with the following:
• CEQA Guidelines Section 15301 (Existing Facilities) which applies to the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of existing or former use.
• CEQA Guidelines Section 15303 (New Construction or Conversion of Small Structures) which applies to construction and location of limited numbers of new small facilities or structures; installation of small new equipment and facilities in small structures; and the conversion of existing small structures from one use to another where only minor modifications are made in the exterior of the structure. • CEQA Guidelines Section 15304 (Minor Alterations to Land) which applies to minor public or private alterations in the condition of land, water, and/or vegetation which do not involve the removal of healthy, mature scenic trees except for forestry or agricultural purposes.
• CEQA Guidelines Section 15308 (Actions by Regulatory Agencies for the Protection of the Environment) which applies to actions taken by regulatory agencies, as authorized by state or local ordinance, to assure the maintenance, restoration, enhancement, or protection of the environment where the regulatory process involves procedures for protection of the environment.
Actions Relating to Land Use - “Electric Vehicle Charging Station” Pursuant to Government Code Section 65850.7(b), cities shall administratively approve electric vehicle charging stations through a nondiscretionary building permit. In accordance with CEQA Guidelines Section 15268, ministerial projects, such as issuance of a building permit, are exempt from CEQA.
Attachments:
Exhibit A - History of Cotati's climate protection measures (PDF) Exhibit B - Planning Commission Resolution No. PC-2022-7 (PDF)