Citizens chuckle at law banning the ‘proliferation’ of gas stations — a problem Fairfax absolutely does not have

Ross Valley Reporter

The Fairfax Town Council this month moved to fix a problem it doesn’t have – the “proliferation” of gas stations. The town has only two filling stations. It has been 10 years since anyone has asked to put in a third, and that application was denied by the Town Council at the time. 

The move to stop the “proliferation” of gas stations in Fairfax had some residents criticizing the Town Council for spending time and money on virtue signaling, instead of real problems. 

For some time the Town Council has wanted to ban gasoline stations in Fairfax. The first reading of that long planned ordinance took place Oct. 4. It passed on a 5-0 vote and now proceeds to a final reading at the November meeting. 

“The Town Council has expressed concern with the over-saturation of gasoline service station uses in the Town,” the staff report said, adding Council members have “a desire to move away from the use of fossil fuels to power residents’ vehicles.” 

Vice Mayor Barbara Coler drew attention to the latest revision of the ordinance that makes it clear that existing stations could do repairs without it being considered an expansion. 

“We are working hard to make sure they can stay in business,” she said. “Our goal is to make sure there are no new gas stations.”

Town Manager Heather Abrams confirmed that language was now in the proposed law. 

Some residents spoke out against the ordinance. 

The first speaker told the Council that “aspirational goals are great but you need to get down to reality. No one in this town wants this.” He added that the law will “likely encumber the owners in different ways.” He also said he didn’t think the town “tried hard enough” to notify the station owners by certified mail. 

A council member refuted that saying the station owners were notified by certified mail, but the town manager interrupted to say “no, we did not send certified letters.” But she said they sent three different letters by regular mail and visited both stations in person and have yet to hear a response from the owners of either one. 

The next speaker called Fairfax elected officials “hypocrites” for pretending to solve a problem that doesn’t exist. 

“Sorry, I can’t stop laughing. No one is coming to Fairfax (to open gas stations),” he said, adding later that the Town Council should spend its time figuring out ways to make sure the town doesn’t go up in flames. 

The comment appeared to reference an arson fire a few days before in a homeless encampment in Peri Park near the historic Fairfax Pavilion. The episode scared residents who live on the steep hillsides in and around Fairfax with virtually only one way in and one way out.

The Fairfax Town Council follows Novato as the only two towns in Marin to enact a law prohibiting new gas stations. The move is part of the town’s Climate Action Plan 2030, which seeks to reduce reliance on fossil fuels and to promote sustainability by mandating 100% EV adoption by 2030. Other residents wrote the Council for the written record to point out that demographically Fairfax is the Marin town least likely to switch to more expensive electric cars, and certainly not by 2030.

In other items at the Oct. 4 meeting:

– The Council heard a presentation from newly hired Fairfax Planning Director, Jeff Beiswenger, recommending the adoption of a set of new policies and fees to enable building of  “affordable housing” in Fairfax. The policies are essential for offering housing to people of all income levels in the town, but the new affordable housing to be built will not give preference to residents of the Town. The policies are meant to work together to address the housing crisis in the state and town. Despite expressed opposition, the Council voted to approve the two resolutions. The second reading and possible adoption of the ordinance is scheduled for the Nov. 1 Town Council meeting.

– The Council heard a presentation about the problematic conditions occurring at a residence in Town. The Council directed staff to move forward with the abatement of the nuisance by hiring a contractor to remove the various debris on and under the carport and hire a towing company to remove the inoperable automobile. Staff will return to Council at a future date with an update on the abatement process. The woman who owns the house told the Council that she was 81 years old, poor, and in frail physical health.