OPENPUBLICA · PUBLIC MEETING RECORD
Record of Proceedings

Novato Planning Commission Accepts Draft EIR for Costco Gas Station on December 8, 2025

City CouncilMonday, December 8, 2025
BodyNovato, California
SessionCity Council
DateMonday, December 8, 2025
StatusFILED
Video Record
0:00 / 57:56
Transcript — Verbatim
0:37

Hello everyone.

0:39

Welcome to the Planning Commission meeting on Monday, December 8th, 2025.

0:45

If you will stand with me and uh we'll do the Pledge of Allegiance.

0:49

I pledge allegiance to the flag of the United States of America and to the Republic, which stands one nation under God, indivisible, liberty and justice for all.

1:01

Thank you, everyone.

1:03

Start off with a roll call.

1:06

Commissioner Stuckenbroker.

1:09

Here, Commissioner Tiernan.

1:11

Here.

1:12

Commissioner Havill.

1:13

Here.

1:13

And Commissioner Derby's here.

1:16

Approval of the final agenda.

1:17

Do I hear a motion?

1:18

So moved.

1:19

Second.

1:20

Quick roll call.

1:21

Stuckenbroker.

1:24

Hi.

1:25

Sorry, am I saying it wrong again?

1:27

Oh, okay.

1:27

Sorry.

1:29

Okay, Commissioner Tiernan.

1:30

Commissioner Havill.

1:32

And Commissioner Derby's and I as well.

1:34

Okay, I'm going to open the public comment for anyone who wants to speak on something that is not on tonight's agenda.

1:42

Opening that now.

1:45

Seeing no one approach the podium, I'm going to close it.

1:48

Is that all right?

1:49

Okay.

1:51

Wonderful.

1:52

Okay.

1:53

There's no consent items tonight, no unfinished or other business, just one public hearing, it looks like.

1:59

So I'm going to kick it off with Steve or Brett.

2:04

Hi.

2:10

So the public hearing.

2:14

Here we go.

2:15

And consideration of directing staff to prepare the final environmental impact report for the Costco fuel facility project proposed adjacent to the existing Costco store, located at 300 vintage way.

2:30

So the city and its consultant have prepared a draft EIR for the project.

2:35

The purpose of CEQA and the preparation of an EIR is to inform decision makers and the public of potential environmental impacts of a project, the identification of ways to reduce or eliminate potential environmental impacts, and to disclose the reason a public agency decides to approve a project even if the impacts are significant and unavoidable, if applicable.

3:02

So the project is a gas station, the Costco fuel facility, and that would include an approximately 10,000 square foot fuel area canopy, 14 fuel dispensers that can accommodate 28 fueling positions and pumps, three 40,000 gallon underground storage tanks, one 1500 gallon underground storage tank, vehicle queuing area, pavement striping, and landscaping and storm water control facilities.

4:14

One of those additional requirements is a public hearing with the review body, in this case the planning commission, as to the comments received about the preparation of the final EIR.

4:27

The purpose of the hearing is to determine if the draft EIR conforms to CEQA statutes, guidelines, and the city's guidelines.

4:36

If the Planning commission makes this determination, then they would direct staff to prepare the final EIR.

4:45

So this hearing is really to determine if the draft EIR includes all the components of what should be included in the draft.

4:53

And the purpose of the hearing is not to discuss the merits of the project or to discuss the conclusions of the draft EIR.

4:55

Down the road, when the final EIR is prepared, there'll be a subsequent public hearing to discuss the merits of the project, the use permit and design review entitlements, and also to consider adopting the final EIR for the project.

5:22

So there's certain items that are supposed to be included in a draft EAR that includes project description, environmental setting, baseline conditions, thresholds of significance, project impact analysis, cumulative impact analysis, project alternatives, and mitigation measures.

5:48

Those are up on the screen in front of you.

5:53

So the next steps, if uh the commission directs staff tonight to move on to the final ER, would be staff will prepare the final EIR.

6:06

That includes the draft EIR that's before you, including any revisions made subsequent to the publication of that draft EIR.

6:16

Copies of all written responses and a summary of verbal responses, that would be public comments here tonight, minutes of the draft EIR hearing, a response to comments received during the public comment period, and any modifications or additional data necessary to provide an adequate environmental review of the project.

6:43

And so, like I said, there would be a future hearing, and at that hearing that's when the planning commission would consider certification of the final EIR and approval of the project entitlements.

6:57

So with that, um staff is recommending that the Planning Commission adopt a resolution accepting the draft EIR and directing the community development department to proceed with the preparation of the final EIR.

7:17

That's the presentation I had prepared for the night.

7:21

So you can certainly ask us any questions if you have any right now for us.

7:26

We also have uh staff from RingCon Consultants attending the meeting remotely, so they're here to uh assist us with answering any questions you may have.

7:38

And also we have um Zach Matley from WTRANs, he was a subconsultant to RingCon on the project regarding the transportation section of the EIR.

7:53

Okay, thank you.

7:55

Thank you.

Discussion Breakdown — Share of Meeting
Environmental Protection█████████████████████████████████████████████67%
Procedural█████████████19%
Transportation Safety█████████14%
Summary of Proceedings

Novato Planning Commission Accepts Draft EIR for Costco Gas Station on December 8, 2025

The Novato Planning Commission held a public hearing on December 8, 2025, to determine whether the draft Environmental Impact Report (EIR) for a proposed Costco fuel facility at 300 Vintage Way conforms to CEQA standards. The commission heard public testimony from residents and environmental advocates, discussed technical aspects of the draft EIR, and voted unanimously to accept the draft EIR and direct staff to prepare the final EIR. The project will return for a future hearing on the merits and certification of the final EIR.

Public Comments & Testimony

  • Jim Burroughs (Marine Conservation League board member): Criticized the VMT analysis for omitting projected new Costco members induced by the gas station, arguing this could turn the reported net decrease in VMT into a significant unavoidable impact and require recirculation of the draft EIR.
  • Pablo Pastor (Sustainability Commission chair, speaking on his own behalf): Stated the project is fundamentally inconsistent with Novato's climate emergency declaration and 2022 ban on new gas stations, and the draft EIR fails to analyze this conflict as required by CEQA. He requested revision and recirculation of the EIR.
  • Sylvie Valentine (resident, 350 Marin): Argued that building a large gas station prolongs reliance on fossil fuels, contradicts climate goals, and will increase traffic, air pollution, and greenhouse gas emissions.
  • John Thomas (intern at 350 Marin, age 17): Raised health concerns about benzene exposure, risk of leaks into adjacent wetlands, and questioned the logic of building gas station infrastructure as California transitions away from fossil fuels.
  • Susan Stump (55-year resident): Expressed concerns about inadequate analysis of wetland impacts, bioswale placement and maintenance, and risks from sea level rise and earthquakes on buried storage tanks.
  • Julia Janeway (public high school teacher and mother): Highlighted health risks to the adjacent pediatric clinic, policy contradiction with the climate action plan, and argued that the project creates long-term financial and environmental burdens for the community.
  • Jen Roy (Slade Park neighbor): Voiced opposition on behalf of the nearby neighborhood, citing cumulative industrial impacts and environmental contamination risks.
  • Nan Farley (Marin County resident): Noted that 40% of new vehicles registered in Marin are electric, questioned the wisdom of investing in antiquated infrastructure that may become a stranded asset, and asked how the EIR calculates acceptable levels of pollution.

Discussion Items

  • Staff (Brett and Steve) presented the draft EIR process, explaining that the hearing focused on whether the document contains required CEQA components (project description, environmental setting, impact analysis, alternatives, mitigation measures) and not on the project's merits. They recommended the commission adopt a resolution accepting the draft EIR and directing preparation of the final EIR.
  • Commissioner Havill asked about the definition of substantial evidence and how unqualified commenters' letters are treated. Assistant City Attorney Connor Harkins clarified that substantial evidence is not relevant to the commission's decision at this stage, and all comments received will be responded to in the final EIR.
  • Commissioner Tiernan questioned the VMT methodology, noting that the analysis relies on proprietary membership data and assumptions about Novato residents currently buying gas elsewhere. He also asked about the timeline for final EIR preparation and confirmed that rejecting the draft EIR would not be a valid option under CEQA.
  • Commissioner Stuckenbroker acknowledged the public comments and stated comfort with moving forward to the final EIR, where methodological questions can be addressed.

Key Outcomes

  • The commission voted unanimously (4-0) to approve a motion accepting the draft EIR and directing the Community Development Department to prepare a response to comments and the final EIR.
  • Staff indicated that the earliest possible date for the final hearing on certification of the EIR and project entitlements would be the second meeting in January 2026.
  • All verbal and written comments from the public and commissioners will be addressed in the final EIR.

Meeting Transcript

Hello everyone. Welcome to the Planning Commission meeting on Monday, December 8th, 2025. If you will stand with me and uh we'll do the Pledge of Allegiance. I pledge allegiance to the flag of the United States of America and to the Republic, which stands one nation under God, indivisible, liberty and justice for all. Thank you, everyone. Start off with a roll call. Commissioner Stuckenbroker. Here, Commissioner Tiernan. Here. Commissioner Havill. Here. And Commissioner Derby's here. Approval of the final agenda. Do I hear a motion? So moved. Second. Quick roll call. Stuckenbroker. Hi. Sorry, am I saying it wrong again? Oh, okay. Sorry. Okay, Commissioner Tiernan. Commissioner Havill. And Commissioner Derby's and I as well. Okay, I'm going to open the public comment for anyone who wants to speak on something that is not on tonight's agenda. Opening that now. Seeing no one approach the podium, I'm going to close it. Is that all right? Okay. Wonderful. Okay. There's no consent items tonight, no unfinished or other business, just one public hearing, it looks like. So I'm going to kick it off with Steve or Brett. Hi. So the public hearing. Here we go. And consideration of directing staff to prepare the final environmental impact report for the Costco fuel facility project proposed adjacent to the existing Costco store, located at 300 vintage way. So the city and its consultant have prepared a draft EIR for the project. The purpose of CEQA and the preparation of an EIR is to inform decision makers and the public of potential environmental impacts of a project, the identification of ways to reduce or eliminate potential environmental impacts, and to disclose the reason a public agency decides to approve a project even if the impacts are significant and unavoidable, if applicable. So the project is a gas station, the Costco fuel facility, and that would include an approximately 10,000 square foot fuel area canopy, 14 fuel dispensers that can accommodate 28 fueling positions and pumps, three 40,000 gallon underground storage tanks, one 1500 gallon underground storage tank, vehicle queuing area, pavement striping, and landscaping and storm water control facilities. One of those additional requirements is a public hearing with the review body, in this case the planning commission, as to the comments received about the preparation of the final EIR. The purpose of the hearing is to determine if the draft EIR conforms to CEQA statutes, guidelines, and the city's guidelines. If the Planning commission makes this determination, then they would direct staff to prepare the final EIR. So this hearing is really to determine if the draft EIR includes all the components of what should be included in the draft. And the purpose of the hearing is not to discuss the merits of the project or to discuss the conclusions of the draft EIR. Down the road, when the final EIR is prepared, there'll be a subsequent public hearing to discuss the merits of the project, the use permit and design review entitlements, and also to consider adopting the final EIR for the project. So there's certain items that are supposed to be included in a draft EAR that includes project description, environmental setting, baseline conditions, thresholds of significance, project impact analysis, cumulative impact analysis, project alternatives, and mitigation measures. Those are up on the screen in front of you. So the next steps, if uh the commission directs staff tonight to move on to the final ER, would be staff will prepare the final EIR.

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