Brentwood City Council to Hear Appeal on Costco Proposal

On Tuesday, the Brentwood City Council will hear an appeal to the Planning Commissions decision to approve Costco. Staff is recommending the council deny the appeal.

The appeal was submitted on behalf of the owner and developer of the Bridle Gate residential development project (WCHB Development, LLC/Discovery Builders Inc.) – a 258 home development at Sand Creek Road and State Route 4.  The project dates back to 2001.

This appeal could be “payback” to Brentwood after the city council denied the Bridle Gate subdivision back in March 2021 for various reasons—which at one point sought 166 single-family homes, only to have updated plans jump to 510 single-family homes, but ultimately submitted plans for 258 single-family homes.

In June, the planning commission approved an application by Costco Wholesale who would construct a warehouse and a fuel facility just south of Lone Tree Plaza Drive and east of Heidorn Ranch Road. It would require two parcel re-configuration’s and require both a 19.04 acre parcel and a 4.02 parcel and break them into four smaller parcels:

• Parcel A 17.79 acres (Costco retail warehouse)
• Parcel B 1.66 acres (Costco fuel station)
• Parcel C 1.38 acres (to remain unimproved and zoned TV/MU)
• Parcel D 2.23 acres (to remain unimproved and zoned TV/MU)

According to the staff report, on June 28, 2023, Hanson Bridgett LLP on behalf of WCHB, LLC (the appellant), filed a timely appeal of the Planning Commission’s decision to approve the Tentative Parcel Map, Conditional Use Permit, Design Review, and Master Sign Program for Costco (see Attachment 3). The applicant has also provided a detailed response to the appeal included in Attachment 4.

On June 30, 2023, Tal C. Finney, Esq., of Finney Arnold, LLP on behalf of Contra Costa Climate Action Coalition also attempted to file an appeal of the subject applications. Since the subject application had already been appealed, per City policy this request was denied and was submitted as a public comment that has been attached for reference (see Attachment 15).

According to the staff report, on June 28, 2023, Hanson Bridgett LLP on behalf of WCHB, LLC (the appellant), filed a timely appeal of the Planning Commission’s decision to approve the Tentative Parcel Map, Conditional Use Permit, Design Review, and Master Sign Program for Costco (see Attachment 3). The applicant has also provided a detailed response to the appeal included in Attachment 4.

On June 30, 2023, Tal C. Finney, Esq., of Finney Arnold, LLP on behalf of Contra Costa Climate Action Coalition also attempted to file an appeal of the subject applications. Since the subject application had already been appealed, per City policy this request was denied and was submitted as a public comment that has been attached for reference (see Attachment 15).

In the 11-page letter, Hanson Bridgett LLP highlight several reasons why the council should deny the Tentative Parcep Map, Design Review and Conditional Use Permit which inlcude:

1. The appellant asserts that the project does not qualify for an exemption from further review under CEQA.
2. The appellant asserts that the proposed findings under all four applications are not supported by substantial evidence.
   1. Background pricipals regarding the California Quality Act
   2. Further Environmental Review is equired when projects will have environmental effects that were not studied in the program EIR such as Aesthetics, air quality biological resources, Geology of soils, GhG emissions, hazards and hazardous materials, hydrology and water quality, noise, population and housing, public services transportation and traffic, wildfire hazards,
   3. Project is not consistent with PA-1 Specific Plan and Project Specifics Signicant effects which are peculiar to the project site require further evironmental review
3. Proposed Tentative Parcel Map Findings Required Pursuant to Brentwood Municipa Code Section 16.05.040 and Government Code Section 66474 are Not Supported by Substantial Evidence,
4. The Proposed Conditional Use Permit Findings Required Pursuant to Brentwood Munciipal Code Seciton 17.830.005 are Not Supported by Substantial Evidance
5. The Proposed Design Review Findings Required Pursuant to Brentwood Municpial Code Section 17.820.007 are Not Supported by Substanial Evidence
6. The Proposal Master Sign Program Findings Reuqired Pursuant to Brentwood Muncipal Code Section 17.640.008.B are Not Supported by Substantial Evidence.
7. Conclusion – the project is not eligibale for CEQA exemption and the rpoposed findings for all the above referenced Project entitelments are not supported by substantial evidence and that urge the council to deny the paplication, or continue the item for futher CEQA review.

Brentwood City Staff issued a response letter provding a response to the appellants cliams. Staff says it has evaluated the requested approval for Costco and has prepared findings determining that the proposal meets all of the requirements of Brentwood Municipal Code and has been adequately analyzed consistent with the California Environmental Quality Act (CEQA).

The following outlines the options for Council when considering the appeal:

1.  If the appeal is denied, it would result in a project approval. The existing entitlements would be affirmed, as they were originally approved by the Planning Commission on June 20, 2023. The Council would formally approve the project by adopting the Council resolution as attached.
2. If the appeal is denied, it would result in a project approval. However, additional or revised conditions may be imposed by the Council. The Council could formally approve the project by adopting the Council resolution with additional or revised conditions.
3. If the appeal is upheld, it would result in a project denial. The Council would provide findings for the denial and the item would return to the Council at a subsequent meeting to adopt resolutions formally denying the project.

Brentwood City Council Meeting
July 25, 2023
7:00 pm
150 City Park Way, Brentwood, CA 94513

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