San Ramon Sued Over Costco Gas Station Approval

SAN RAMON, CA — A group of residents sued the city of San Ramon alleging that a proposed 32-pump gas station needs a more thorough environmental review before construction begins across the street from the Danville Costco store.

Pleasanton Weekly first reported the news.

Safer San Ramon filed the suit last month in Contra Costa County Superior Court. The group of San Ramon and Danville residents rallied against the proposal as it moved through the public hearing process earlier this year.

Safer San Ramon wants the city to rescind the City Council's approval granted in a special meeting in February, to comply with the state air quality law and to hit the brakes on the project as the lawsuit moves through the courts, according to the suit.

The San Ramon city attorney's office did not respond to Patch's request for comment.

The City Council unanimously approved the controversial project following months of public debate over possible neighborhood effects. Supporters lauded the convenience of the proposed gas station and expressed skepticism that the project would affect the surrounding neighborhood in a major way.

But critics such as Safer San Ramon argued that a Costco gas station would significantly increase traffic and noise and would pose public health and environmental hazards to the community.

Safer San Ramon's lawsuit took issue with the City Council's finding that the project was exempt from environmental review. The California Environmental Quality Act requires a thorough environmental review if a proposal is determined potentially to have a significant effect on the environment, the suit argued.

"Substantial evidence in the administrative record before the City establishes that the Project will result in significant effects relating to traffic, noise, air quality, and/or water quality," the lawsuit said. "At the same time, there is no substantial evidence in the record to support the City's finding that the Project would have no such significant effects."

The self-serve and full-serve gas station would be located across the street from Danville's Costco store at 3150 Fostoria Way. The station would offer lower-than-average prices and be open 5:30 a.m. to 10 p.m. every day on the nearly three-acre lot at 3111 Fostoria Way, where a commercial building currently sits, according to the proposal.

The proposal included plans for a traffic signal at the Costco driveway intersection to mitigate traffic effects.

Kittelson & Associates performed an analysis of the project on behalf of Costco that determined the gas station could bring 6,870 daily trips to the station, with 345 net new gas-only trips. Gas station trips were estimated to peak at 386 per hour in the morning and 576 per hour in the afternoon and evening.

A number of the gas station trips would likely come from existing Danville Costco members who would already be visiting the warehouse, according to the analysis.

Deborah Fahr, senior traffic engineer, acknowledged in the February council meeting that the gas station would bring additional traffic to the area but said that the effect should be "less than significant": about 1,900 to 3,600 new trips on Fostoria Way per day. Surrounding streets would also see smaller upticks in use, she said.

The lawsuit argued that testimony from air quality and traffic experts say the project would have significant effects and shouldn't qualify for an exemption under state law.

Correction: A previous version of this story misstated the court where the

Read more: Costco Gas Station Approved By San Ramon City Council