Brentwood City Council Votes to Move Forward With Costco

On Tuesday, the Brentwood City Council upheld its Planning Commission decision to move forward with Costco coming to the City of Brentwood.

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.

However, the city council was not going to play games from the appellant with a last minute gamesmanship to attempt to postpone the appeal hearing until August 8. Instead, the council moved forward and unanimously approved Costco.

The council unanimously voted approve Costco through four motions:

• The council denied the appeal and approved the tentative parcel map in a 5-0 vote.
• The council denied the appeal and approved conditional use permit in a 5-0 vote
• The council denied the appeal and approved the design review in a 5-0 vote.
• The council denied the appeal and approved the master sign program in a 5-0 vote.

Item Nearly postponed (Overview/summary)

The decision did not come without discussion a 159-page document was submitted at 5:45 pm Tuesday. With it being submitted so late, staff suggested the item be postponed until August 8.  The council, however, had other ideas.

Councilwoman Jovita Mendoza wanted to move forward with the item saying they have a 3:00 pm deadline so why should they make an exception for an appellant.

Susannah Meyer asked about not continuing the item and what implications they could have.

Staff said the 3:00 pm comment deadline is not a legal deadline for items to be submitted, but rather a courtesy.

Councilwoman PA’Tanisha Pierson stated the 159-page document was simply in addition to public comment. She was not in favor of postponing.

Mayor Joel Bryant, however, expressed frustration and held his tongue on what he wanted to say.

“As frustrating as this is to the community and public and resoundingly responded to their thoughts on this potential motion and this idea for Costco, I really want to make sure as we move forward that all of council and the community is apprised of all the information. I understand its frustrating,” said Bryant. “I will make a motion to move it to the 8^th and no later.”

Motion died for lack of a second.

Pierson made the motion to move forward with the item 5-0.

Council Discussion (an overview/summary)

After public comments, Mayor Joel Bryant asked if there was a motion to continue the item. There was none, and the council moved forward.

Bryant did point out in their General Plan, as well as PA-1 plan, there has always been the expectation of some commercial within the area. In addition, it was stated it was a re-zoning, Bryant rejected that saying it was zoned for commercial use. He also said it wasn’t either or between commercial and transit center, Bryant said it could be both.

Councilwoman Jovita Mendoza, said “I am excited about this project and I think it does everything we envisioned” while noting she was excited about the jobs, reduced traffic on the roadways and did not see a need to push it off.

Costco Improvements: at the meeting, it was stated Costco has entered into a PG&E agreement that 100% of its power is from renewable energy and are working on charging stations—the building is fully solar capable but won’t open with it. Infrastructure will be available for future charging station for 15% of parking field. Costco says its being forward thinking to have the agreement to have 100% renewable energy. Costco did make adjustments to building architecture to improve aesthetic appeal from all directions. They also went through the pedestrian walkway layout to ensure the connection to regional trail so it was a pathway past to Costco to the entrance.

Vice Mayor Susannah Meyer said she was comfortable with what she heard tonight and hearing about all the mitigations and changes to address concerns from planning commission, staff or the public/

“I feel comfortable that this project has taken a long time to get to this point and Costco has done a great job

Councilmember Tony Oerlemans said it was difficult recommendations from staff and hear Costco say the exact same thing that maybe it wouldn’t be a horrible thing to wait a few weeks. He said they have to evaluate all the information they get and look at it and see if it was possible they needed to make changes.

“I am not excited at all by postponing it by two weeks, but not very excited to push forward and find out we made a mistake that we can’t go back on. I think we have to seriously consider there is a rush,” said Oerlemans. “What is two more weeks to make a decision like this? I think its something we all have to seriously consider before we vote.”

Councilwoman PA’Tanisha Pierson perceived this as a tactic to delay a project and called it disturbing and stated she believed the appellant simply changed some words around.

Mendoza coming to Brentwood is something they want from an environment standpoint saying 50% of the cars are no longer going to Antioch or Tracy which reduces greenhouse gases.

Costco said it wasn’t a precise numbers, but present day Costco members live and where they are shopping. They saw Costco members in Brentwood going to Antioch and Tracy, why would anyone do that if Costco is in Brentwood.

Item Preview

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

Documents: