Town Council
525 San Anselmo Avenue
San Anselmo, CA 94960
Agenda
Town Council Chambers (Via Zoom
during COVID)
Friday, March 25, 2022 8:00 AM
SPECIAL TOWN COUNCIL MEETING
SPECIAL TOWN COUNCIL MEETING
8: 01 AM Call to Order
Open time for public expression.
Council Items:
1. Urgency ordinance extending the temporary moratorium on new or expanded gas station uses in San Anselmo until the Town Council considers potential revisions to existing regulations for new and expanded gas stations.
Staff Report
Urgency Ordinance Gas Stations Extension 03 25 22
Public Comment
Further Public Comment
Attachments:
Adjourn
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Any writings or documents provided to a majority of the Town Council regarding any item on this agenda after the distribution of the original packet will be made available for public inspection at the public counter at Town Hall located at 525 San Anselmo Avenue.
Notice is hereby given that Council may discuss and/or take action on any or all of the items listed on
1 Town Council Agenda March 25, 2022
this agenda. If any of these matters above are challenged in court, you may be limited to raising only those issues you or someone else raised at any public hearing described on this agenda, or in written correspondence delivered at, or prior to, this Council meeting. Judicial review of an administrative decision of the Town Council must be filed with the Court not later than the 90th day following the date of the Council’s decision (Code of Civil Procedure Section 1094.6) Any item not under discussion before 10:00 p.m. may be continued to the next regular meeting. Next regular meeting is Tuesday, April 12, 2022.
I certify that this agenda was posted on the Public Notice Bulletin Board on or before Friday, March 18, 2022.
____________________________
Carla Kacmar, Town Clerk
2 Town of San Anselmo
Staff Report
525 San Anselmo Avenue
San Anselmo, CA 94960
TO: Town Council 3/25/2022 Item #: 1.
FROM:
Megan H. Acevedo, Town Attorney
SUBJECT:
Urgency ordinance extending the temporary moratorium on new or expanded gas station uses in San Anselmo until the Town Council considers potential revisions to existing regulations for new and expanded gas stations.
RECOMMENDATION
Staff recommends that the Town Council introduce, waive reading, and adopt the attached proposed interim urgency ordinance extending a temporary moratorium on new or expanded gas service station uses. (Attachment 1).
BACKGROUND
A. Evaluating Permanent Gas Station Ban
On December 14, 2021, the Town Council received a presentation from Hayley Ballard, Youth Commissioner for the Climate Action Commission, regarding the Climate Action Commission’s recommendations to reduce greenhouse gas emissions from transportation. Transportation emissions make up 55% of community emissions. The recommendations included: 1.) warning labels on gas pumps; 2.) amendments to zoning to prohibit new or expanded gasoline/fueling stations; and 3.) a Town vehicle fleet procurement policy. On January 11, 2022, the Town Council unanimously agreed to consider these items. Councilmembers Colbert, Greene and Fineman requested the items to be fully vetted by staff and the Climate Action Commission prior to being considered by the Town Council.
As mentioned at the February 8, 2022, Town Council meeting, a number of municipalities have adopted ordinances to prohibit approval of gas stations. On March 1, 2021, Petaluma was the first city in the country to adopt a permanent ban on new gas stations. Since then, several Sonoma and Napa County cities, including Santa Rosa, Cotati, American Canyon, Calistoga, and Sebastopol, have adopted or are considering adoption of urgency ordinances similar to the proposed ordinance. Most recently, on March 8, 2022, Rohnert Park extended its urgency ordinance prohibiting approval of gas stations for an additional 22 months.
B. Town Gas Stations
Gas stations are a conditionally permitted use in the C-L Limited Commercial zoning district (the commercial area between The Hub and Red Hill Shopping Center) and the C-3 General Commercial zoning district (the commercial areas south and east of The Hub, excluding the historic downtown).
Town of San Anselmo Page 1 of 4 Printed on 3/18/2022
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TO: Town Council 3/25/2022 Item #: 1.
There are currently three gas stations in the town:
Gas & Shop, 750 Sir Francis Drake (8 pumps)
76/Circle K, 930 Sir Francis Drake (8 pumps)
Fara’s Auto, 98 Sir Francis Drake (4 pumps)
The Town has had many other gas stations since the 1920s and the sites make up the majority of the Leaking Underground Storage Tank (LUST) sites in the Town. LUST Cleanup Sites are those locations that have had a leak or spill of a hazardous substance, usually fuel hydrocarbons, and are being (or have been) cleaned up.
Leaking underground fuel tanks can contaminate soil, groundwater, surface water or affect indoor air space.
On January 5, 2022, staff received an inquiry from Andy's BP, Inc. gas station at 750 Sir Francis Drake Boulevard to add two gasoline fuel dispensers to the site. The station submitted an incomplete application on January 10, 2022.
DISCUSSION
At its meeting of February 8, 2022, four of the five Town Council members voted to adopt Urgency Ordinance No. 1163 pursuant to Section 65858 of the California Government Code to prohibit approval of any new gas station or expanded gas station uses, as they may conflict with the zoning proposal that the Town Council intends to study. Urgency Ordinance No. 1163 expires on March 25, 2022.
Following adoption of Urgency Ordinance No. 1163, the Town Climate Action Commission discussed the ordinance at its February 28 meeting and formed a subcommittee to work with staff to determine next steps. (Attachment 2). However, shortly thereafter, Planning Director, Elise Semonian, announced her resignation and she has not been able to work with the subcommittee. Moreover, with Ms. Semonian’s resignation, the Town does not currently have staff to begin studying a potential proposal to permanently prohibit new or expanded gasoline/fueling stations. Therefore, staff is requesting that the Council extend the moratorium adopted under Urgency Ordinance No. 1163.
The proposed ordinance extends the provisions of Urgency Ordinance No. 1163 to prohibit the approval of any new or expanded gas station uses in the Town for a period of up to 10 months and 15 days. This would provide time to consider potential impacts of new and expanded gas stations and options for regulating them.
The proposed ordinance includes a provision that allows the Council to approve a special conditional use permit to a property owner subject to the moratorium if the Council finds, after Planning Commission review, that the owner will be deprived of all economically viable use of their land unless they are allowed to develop or use the property for a service station.
A 4/5 vote of the Town Council is required to adopt the attached urgency ordinance. State law requires the Town Council to find that “there is a current and immediate threat to the public health, safety, or welfare, and that the approval of additional subdivisions, use permits, variances, building permits, or any other applicable entitlement for use which is required in order to comply with a zoning ordinance would result in that threat to public health, safety, or welfare.” The required findings are set forth in the proposed ordinance.
Staff posted and published notice of the hearing and notified Town gas station business license holders of the Town Council hearing by email. If the Council approves the proposed interim urgency ordinance, Town staff Town of San Anselmo Page 2 of 4 Printed on 3/18/2022
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TO: Town Council 3/25/2022 Item #: 1.
would continue to process any pending gas station applications. However, no action would be taken on the applications until the interim ordinance is repealed/any new regulations are in effect, or the interim ordinance expires.
FISCAL IMPACT
In fiscal year 2021, the Town received $122,744 from Fuel and Service Sales from Sales Tax and $62,945 from Measure D Sales Tax. The proposed moratorium on new or expanded fueling stations would have no impact on existing revenue but would preclude the Town from generating any additional tax revenue from additional sales associated with new pumps.
GENERAL PLAN CONSISTENCY
The Town General Plan has no policies specific to gas stations. The proposed ordinance does not conflict with any policy in the General Plan. The proposal is consistent with General Plan Land Use Objective 4 to “Maintain the existing size and intensity of commercial businesses in the Town.”
CEQA AND CLIMATE ACTION PLAN CONSISTENCY
Approximately 55% of the Town’s greenhouse gas (GHG) emissions come from transportation. On June 11, 2019, the Town Council adopted the Climate Action Plan with a goal for the Town to reduce GHG emissions by 54% by 2030 (from a 2005 baseline) and to be carbon neutral by 2045. On February 11, 2020, the Town Council adopted Resolution 4325 declaring a climate emergency. The proposed ordinance is intended to reduce greenhouse gas emissions and is consistent with the Climate Action Plan.
The proposed interim urgency ordinance is not a “project” under the California Environmental Quality Act (CEQA), because it does not involve an activity which has the potential to cause a direct or reasonably foreseeable indirect physical change in the environment. (Cal. Pub. Res. Code § 21065).
If the ordinance constitutes a CEQA project, it is also exempt from CEQA review in accordance with CEQA Guidelines Sections 15307 and 15308 because it constitutes action taken by regulatory agencies as authorized by state law or local ordinance to assure the maintenance, restoration, or enhancement of a natural resource and protection of the environment.
CONCLUSION
Staff respectfully requests that the Town Council adopt the attached interim urgency ordinance.
Attachments:
1. Proposed Urgency Ordinance of the Town Council of the Town of San Anselmo Extending a Temporary Moratorium on Approval of Applications for New and Expanded Gas Service Station Uses in the Town of San Anselmo
2. March 15, 2022, Report Issued Pursuant to Government Code § 65858(d) Regarding Town Actions Following Adoption of Ordinance No. 1163, an Urgency Ordinance of the Town Council of the Town of Town of San Anselmo Page 3 of 4 Printed on 3/18/2022
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TO: Town Council 3/25/2022 Item #: 1.
San Anselmo Enacting a Temporary Moratorium on Approval of Applications for New and Expanded Gas Service Station Uses in the Town of San Anselmo
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Item 1 – Attachment 1
Item 1 – Attachment 1 1
URGENCY ORDINANCE NO.
AN URGENCY ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF SAN
ANSELMO EXTENDING A TEMPORARY MORATORIUM ON APPROVAL OF
APPLICATIONS FOR NEW AND EXPANDED GAS SERVICE STATION USES IN
THE TOWN OF SAN ANSELMO
WHEREAS, Pursuant to the California Constitution and State Government Code, the Town of San Anselmo (“Town”) may make and enforce all regulations and ordinances using its police powers to regulate municipal affairs and may enact ordinances for the preservation of the public peace, health, or safety; and
WHEREAS, California Government Code Section 65858 provides that the Town Council may, to protect public safety, health and welfare, adopt as an urgency measure an interim ordinance prohibiting any uses that may conflict with a contemplated general plan or zoning proposal that the Council, the Planning Commission or the Planning Department is considering or studying or intends to study within a reasonable time; that adoption of such urgency measures requires a four-fifths vote of the Council; that such measures shall be of no effect 45 days from the date of adoption, and may be extended a maximum to two times and have a maximum total duration of two years; and
WHEREAS, on February 8, 2022, the Town Council adopted Urgency Ordinance No. 1163 establishing a 45-day moratorium on the approval of new or expanded gas service station uses; and
WHEREAS, Pursuant to Government Code section 65858, the Town may, after notice and a public hearing, extend Urgency Ordinance No. 1163 for an additional period of 10 months and 15 days; and
WHEREAS, 55% of the San Anselmo community Greenhouse Gas (“GHG”) Emissions are from the transportation sector, mostly from passenger cars; and WHEREAS, the Town adopted a Climate Action Plan (initially in 2011, last updated 2019) with a goal for the Town to reduce greenhouse gas emissions by 54% by 2030 (from a 2005 baseline) and to be carbon neutral by 2045, and declared a Climate Emergency on February 11, 2020; and WHEREAS the Town has identified goals to reduce GHG emissions from the transportation sector through a variety of means, including expansion of electric vehicle charging infrastructure, and promotion of low-carbon fuels; and
WHEREAS, in 2019, the Town took steps to lower GHG emissions from transportation through adopting an amendment to the General Plan Circulation Element to support transportation improvements and emerging vehicle technology that help reduce greenhouse gas emissions and an Electric Vehicle strategy; and
WHEREAS, at its January 11, 2022, meeting, the Town Council agreed to discuss various measures to decarbonize the Town’s transportation sector, including limitations on further 7 Item 1 – Attachment 1
Item 1 – Attachment 1 2
development and expansion of service station uses, as defined by section 10-3.1702 of the San Anselmo Municipal Code; and
WHEREAS, on January 4, 2022, the Town received an application for additional gas pumps at an existing service station; and
WHEREAS, vehicle technology is rapidly evolving such that reliance on gas is steadily declining and state policy is changing to discourage the use of fossil fuels in the transportation sector; and WHEREAS, for example, on September 23, 2020, Governor Newsom issued Execute Order N79-20 to require that, by 2035, all new cars and passenger trucks sold in California be zero - emission vehicles and to direct the state to take more actions to address oil extraction and move the state further away from its reliance on climate change -causing fossil fuels; and WHEREAS, as a result of these technological and policy changes, the declining demand for gasoline may increase competition amongst existing service stations in Town such that closures may occur over time; and
WHEREAS, gasoline stations have the potential to leak hazardous substances that contaminate soil, groundwater, surface water and affect indoor air space and four Town gas station sites are listed on the State of California Water Board’s Leaking Underground Storage Tank (LUST) data management system as sites that impact, or have the potential to impact, water quality in the Town; and
WHEREAS, the Town of San Anselmo is predominantly a residential community and any gas station in the Town will be located close to where people live or work, or where housing is proposed, and exposure to gas station emissions may lead to adverse health impacts for people nearby, including cancer, from pollutants including benzene, toluene, ethyl-benzene, xylenes, naphthalene, propylene, and n-Hexane; and
WHEREAS, due to their propensity to become brownfield sites, service stations require remediation for potential ground contamination prior to redevelopment and closed service station sites may be abandoned and left unused for long periods of time and the removal of contaminants may present health risks for neighboring communities and sensitive receptors, which could result in blight and dangerous conditions throughout the Town, threatening public health, safety and welfare; and
WHEREAS, the Town Council finds and determines that there is an immediate threat to the public health, safety, or welfare, that could result from new or expanded gas service station uses within the Town, through negative impacts that include, but are not limited to contaminant exposure, health risks, soil, groundwater and surface water contamination and potential blight in and around the site in the future; and
WHEREAS, the Town Council finds that time provided by this moratorium will allow for a comprehensive analysis on how to manage and reduce the impacts of new and/or expanded service stations in Town; including the potential impacts on the public health and welfare, 8 Item 1 – Attachment 1
Item 1 – Attachment 1 3
impacts on public safety related to the provision of public safety to service stations, and potential for blight in connection with the declining demand for gas; and WHEREAS, these studies will help the Council and Town' s Planning Department determine how best to prevent impacts to public health, safety and welfare, and evaluate the General Plan and Zoning Code and develop appropriate regulations to achieve positive outcomes for the Town's residents, business community, property owners, developers and the environment.
NOW THEREFORE, THE TOWN COUNCIL OF THE TOWN OF SAN ANSELMO hereby ordains as follows:
SECTION 1. Findings
a. The recitals set forth above are true and correct and are hereby incorporated herein by this reference as if fully set forth in their entirety.
b. There exists a current and immediate threat to the public health, safety, and welfare requiring immediate implementation of an urgency ordinance to prevent the approval of new and/or expanded service stations in the Town of San Anselmo. c. The urgency ordinance is necessary for the immediate preservation of the public peace, health, and safety because an expanded or new service station would negatively impact the public welfare and potentially, the unique quality and character of the Town and a moratorium will prevent negative impacts that include, but are not limited to contaminant exposure, health risks, soil, groundwater and surface water ground contamination and potential blight in and around the site in the future.
d. Based on the recent changes in technology, state policy and the Town’s commitment to addressing the climate emergency, there is a need for the Town to prohibit approval of new or expanded service stations, which may be in conflict with a contemplated general plan or zoning proposal that the Town Council, Planning Commission or the Planning Department intends to study within a reasonable time.
SECTION 2. Environmental Review.
The Town Council hereby finds that adoption of a temporary moratorium on new or expanded service station uses is not a “project” under the California Environmental Quality Act, because it does not involve an activity which has the potential to cause a direct or reasonably foreseeable indirect physical change in the environment. (Cal. Pub. Res. Code § 21065). If the ordinance constitutes a CEQA project, it is also exempt from CEQA review in accordance with Sections 15307 and 15308 because it constitutes action taken by regulatory agencies as authorized by state law or local ordinance to assure the maintenance, restoration, or enhancement of a natural resource and protection of the environment.
SECTION 3. Declaration of Threat to Public Health, Safety, and Welfare Necessitating Urgency Ordinance.
The Town Council of the Town of San Anselmo hereby finds and declares that there is a current 9 Item 1 – Attachment 1
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and immediate threat to the public health, safety and welfare and a need for the immediate preservation of the public health and safety that warrants this urgency ordinance, based upon the facts, findings, and declarations stated in the findings of this Ordinance.
SECTION 4. Extending a Temporary Moratorium on New or Expanded Gas Service Station Uses.
A. In order to protect the public health, safety and welfare and pursuant to the provisions of Government Code section 65858, the temporary moratorium enacted by Ordinance No. 1163 on the approval of permits and entitlements for service station development and/or expansion, is hereby extended for an additional 10 months and 15 days. Notwithstanding any other ordinance or provision of the San Anselmo Municipal Code, no application for an entitlement or permit for such use shall be approved during the term of this temporary moratorium as extended by this Ordinance.
B. Nothing contained in this Interim Urgency Ordinance shall preclude the improvement, renovation, or demolition of an existing service station, provided that such development otherwise conforms to applicable law and does not result in an increase to the number of gas pumping or storage facilities.
C. Special Conditional Use Permit.
1. Notwithstanding any other provision of this Interim Urgency Ordinance, the Town may accept, process and approve applications for special conditional use permits for development or use of property otherwise subject to this Interim Urgency Ordinance, if the Town Council finds, after receipt of a recommendation from the Planning Commission, that an owner of property subject to the moratorium imposed by this Interim Urgency Ordinance will be deprived of all economically viable use of their land unless the property owner is allowed to develop or use the property for a service station, or that the law of California or of the United States otherwise requires the Town to approve an application for a permit or an entitlement for the development or use.
2. The special conditional use permit provided by the Section shall be an available entitlement process and permit for a property owner affected by the moratorium whether or not a conditional use permit would otherwise be required by the Municipal Code. A special conditional use permit submitted pursuant to this Section shall be processed in accordance with the Municipal Code, except that the Town Council shall serve as the final decision-making body, which shall make the additional findings required by this Section prior to approving the special conditional use permit.
SECTION 5. Severability. If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of the Ordinance. The Town Council hereby declares that it would have adopted the Ordinance and each section, sub-section, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, sub-sections, sentences, clauses, phrases or portions to be declared invalid or unconstitutional.
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SECTION 6. Effective Date. This is an Interim Urgency Ordinance enacted under California Government Code 65858 and it will take effect immediately upon adoption by a four-fifths (4/5) vote of the Town Council. This Ordinance shall remain in effect for 10 months and 15 days, unless the Town Council repeals or extends the ordinance as permitted by state law.
Within fifteen days after the passage of this Ordinance, the Town Clerk shall cause this ordinance or a summary thereof to be published once, with the names of those Town Councilmembers voting for or against it in a newspaper of general circulation in the Town of San Anselmo, as required by law.
THE FOREGOING INTERIM URGENCY ORDINANCE was introduced and adopted at a special meeting of the San Anselmo Town Council on March 25, 2022, by the following vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
ABSTAIN: COUNCILMEMBERS:
APPROVED:
ATTEST:
Alexis Fineman, Mayor of Town of San
Anselmo
Carla Kacmar, Town Clerk
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