Home » Minus Alcohol Permit, City Council Approves The Grove at Brentwood Project

Minus Alcohol Permit, City Council Approves The Grove at Brentwood Project

by CC News
The Grove

On Tuesday, the Brentwood City Council approved The Grove at Brentwood as approved by the planning commission while removing the Type 42 Alcohol License.

The Grove is a new 35,690 square foot, two-story multi-tenant commercial building (that could feature cafés and shops which may or may not sell craft beer/wine/spirits), 24,000 square foot outdoor seating area (with various amenities), community theater, and on-site and off-site improvements located on a 4-acre site at the southeast corner of Walnut Boulevard and Oak Street.

The approval did include Type 41 and 47 liquor licenses, as well as Type 20 and 21.

The move for approval comes after more than 100 pages of public comments and support of the Brentwood Chamber of Commerce.

The project was called for review by Councilmember Jovita Mendoza over the alcohol licenses and hours of operation – she wanted the business to close by 10:00 pm and limit the alcohol license.

The council had concerns given the approval of alcohol licenses for a Type 42 license – allows bars, taverns, and public venues to sell beer and wine for on-site and off-site consumption. Food service is not required, but minors are strictly prohibited from entering the premises

The council feared that specific license could turn into a “club like” atmosphere and cause an impact on the community.

Currently, only three businesses in Brentwood hold Type 42 Alcohol license which include:

  • Brentwood CoCO Wine Company
  • Starry Nite Studios
  • Hop Asylum

Matt Hagar, applicant of the project provided commentary before council discussion.

Good evening, mayor, vice mayor, council members, and city staff, and thank you for taking the time this evening to discuss the Grove at Brentwood. Over three years ago, I set out to build something that Brentwood has never seen before. Not because it’s my job or what I do for a living, not because someone told me to, but because this is my hometown. I was born and raised here, fourth  generation, graduate of Liberty High School, along with my parents and grandparents who are still here and in the room with us this evening.

I’ve spent my entire life watching Brentwood grow and wanted to create something to add to its legacy and enhance its future. Those who know me well would most likely describe me as pretty persistent and a little bit stubborn. But the reality is if it wasn’t for these traits and my deep ties to this community, this project would have been abandoned a long time ago.

It began as an idea in January of 2023. After some initial due diligence, I wrote the city an offer to purchase their land in June of 23, nearly 3 years to the day. Since then, we’ve navigated every step required of this process from the surplus land act, environmental review, traffic analysis, pedestrian analysis, soil testing, tree studies, fire review, railroad coordination, utility coordination, countless meetings, revisions, reports, approvals, and more.

Recently, someone asked me how much time has gone into this project. The honest answer is it’s difficult to quantify. Over the last three years, there have been countless hours spent on research, design, financial analysis, tenant outreach, community engagement, and navigating the entitlement process. Thousands of hours have been invested not only by myself, but by architects, engineers, consultants, attorneys, city staff, and many others. Projects like this don’t simply appear. They are the result of years of effort, collaboration, and commitment from a large number of people working toward a shared vision.

The city staff report noted that more than $52,000 has already been spent on entitlement processing, hearings, and staff review. In reality, when architects, engineers, consultants, studies, legal review, design revisions, and carrying costs are included, the true investment just to reach this evening approaches the cost of purchasing a home in this city.

And that’s all before a single shovel has ever been put in the ground.

At this point, we should be talking about grand openings. At this point, we should be talking about which new restaurants are coming to town. At this point, we should be talking about community events, family gatherings, and new jobs created. Frankly, we should all be up the street enjoying our beautiful weather over great food and amazing drinks. But instead, we’re still in these chambers discussing the project’s future.

Tonight’s hearing has already added more than a month to the process, and it still is just one step in the journey. Even if approved this evening, months of permitting remain before construction can begin. Following the planning commission’s approval, we were targeting a construction start before winter. That timeline was already tight, and this delay now threatens to push our construction start into next year due to the rainy season potentially costing us an entire building season.

Delay is not a neutral act. It increases costs, it increases risk, and it makes the ultimate goal of delivering this project to the community more uncertain.

As I understand it, the primary reason for tonight’s discussion is additional review of the conditional use permit related to alcohol service and operating hours. This topic was discussed at length by planning commission. During that discourse, Commissioner Johnson stated to let the free markets decide, and I strongly agree with his position. There are already multiple businesses in the area that are open until midnight or later. We could have pushed this item even further and requested 1:00 a.m. or 2 AM like others that are already operating to that time, but we didn’t. We also could have gone farther and requested a type 48 license, which is a traditional full bar with no food and is the most frowned upon by the city, but we didn’t. The application before you reflects what we believe is a reasonable and responsible balance for this project and for this community.

What I feel sometimes gets lost in the discussion is that this project is far more complex than simply just a public market. The public market is certainly a focal point, which I understand, but this project also includes a second story with additional commercial uses and tenants that must be able to compete and succeed in today’s business environment.

Flexibility isn’t a luxury for this project. It’s a necessity.

A project like this has never been completed in the city of Brentwood. In order to bring a project of this scale and complexity to life, we need every reasonable tool available to us. Additional restrictions do not simply create inconvenience. They increase uncertainty and make the project more difficult to finance, build, lease, and operate successfully.

For that reason, we respectfully request approval exactly as presented with no changes. I would imagine at this point it should be pretty evident that the support for this project extends far beyond myself. You have received over a 100 emails of support, nearly two dozen live speakers on May 5th and many more this evening.

The planning commission’s discussion was thoughtful, intelligent, and thorough. Difficult questions were asked, legitimate concerns were raised. These concerns were debated and addressed. The process worked exactly as it is designed to work. They concluded their discussion by voting unanimously 5-0 to approve the project with no changes.

And I believe they got it right.

You see, this project is more than just another building. It’s a place where families will gather, local entrepreneurs will launch businesses, and a draw for visitors and residents to spend money in this community opposed to others. It is a place where memories will be made for decades to come. Long after all of us have left public office or private business, this project can remain a meaningful part of Brentwood’s identity and future.

Three years ago, we began this journey with a simple idea to create something special for Brentwood.

Today, after thousands of hours of work, substantial investment, extensive public outreach, unanimous planning commission approval, and overwhelming community support, we stand before you asking for one thing. Let us build it. Let us take this vacant piece of land that has been underutilized for decades and transform it into something our community can be proud of for generations. I respectfully ask that you uphold the planning commission’s unanimous 5-0 approval and approve the Grove at Brentwood exactly as presented.

And as always, my design team and I are available to answer any questions and concerns you may have about the project.

Thank you.

During the meeting, Mendoza took issue with criticism she has received in calling for review of the project and misinformation stated online, however, she admitted while she never meets with developers, she met with Matt.

“Matt agreed he would pull the adult only license so I am not sure what changed between then and now but he understood he was claiming this was a family friendly place,” explained Mendoza adding the project is in the Western Gateway and one of the things they cannot approve an adult only license because its prohibited in the downtown Brentwood specific plan.

“Alcohol only bars are adult oriented businesses. We cannot allow that in this area. So that is my first thing and that’s what one of the reasons I pulled it because we cannot have that,” explained Mendoza.

She asked the council not allow The Grove to have a Type 42 Alcohol License (Authorizes the sale of beer and wine for consumption on or off the premises where sold. No distilled spirits may be on the premises. Minors are not allowed to enter and remain. Food service is not required)

“When I met you Matt at the crab feed you said this would be a family oriented place. It’s where everyone can bring their kids. Well, that’s not conducive to an adult only liquor license,” said Mendoza. “The second reason I pulled it was the hours of operation. I asked the police department for all of our hours of calls that we get downtown and as you can see, 27.7% of our calls come in from 10 to midnight. And then 23% come in from midnight to 2 a.m. So, 676 calls in the data that I received from the fire department.”

She then proposed a similar plan Walnut Creek does where they can stay open until 10:00 pm, and if there is no incidents in a year, they can stay open until 11:00 pm.

She also pointed out Oxbow Market (Napa) is only open until 9:00 pm and no liquor licenses while Emeryville Public Market is only open until 9:00 pm with no liquor licenses and the new market in Castro Valley closes at 7:00 pm and no liquor license.

Mendoza further said she does not meet with applicants but shared she “loved the project so much I met with Matt because I think it’s a fantastic project,” but that they had to look at impacts from a project – like they now are with Dolphin Park, Creekside Pickle Ball, Winco near homes, and this week we have complaints about Eight Acres  and the music outside. She wanted consideration for people who would be around the business.

“I don’t think a 10:00 pm will kill your business,” said Mendoza.

Vice Mayor Pa’tanisha Pierson shared the definition of what an adult oriented business actually was – basically a sexually oriented business from an arcade to bookstore to dance, etc.

“I think this as presented is not an adult oriented business,” said Pierson. “I don’t have a problem with the midnight. As a resident of Brentwood, it is very difficult to find somewhere where you as an adult can go after 10 p.m. in the city of Brentwood. I think that is something that we’ve heard of several members of the community even in public comments comm uh communicating about having places to go after 10 pm.”

She called the Type 42 Alcohol License “problematic” and creates a “night club atmosphere” which she believed many people would not want. She didn’t know why the applicant needed a Type 42 license.

“If we can come to some compromise of getting rid of type 42 and keeping everything else the planning commission authorized. It’s a beautiful space. I’m looking forward to it,” said Pierson.

Councilmember Tony Oerlemans asked for clarification on liquor licenses – 41, 42, 47 and 48.  He called the project “amazing” and making it a club-like atmosphere could make it problematic, but noted the project was something they want to bring to Brentwood but also thoughtful of the neighborhood its going into.

He said he believed Hagar would be thoughtful for Brentwood, but it may not always be the case if the facility changes hands and there is a less thoughtful owner not from Brentwood and takes the 42 license to a complete club as opposed to The Grove.

“We have to be thoughtful to the history and what we are brining into Brentwood,” said Oerlemans. “A club like atmosphere may not be good.”

Councilmember Faye Maloney called it an amazing project and didn’t mind the hours as long as they didn’t have the club environment.

“I am completely open with the hours, there are now coffee shops now open until midnight or 1:00 am in some parts of the Bay Area where people are going reading, having tea, having coffee, whatever the situation is and my colleagues and people in the community are absolutely right. There is nothing that’s open that late in our community so in that I welcome that idea, but I also want to be thoughtful in the essences where I don’t want us to approve something without thoughtfully thinking of all the residents that are around,” shared Maloney.

Mayor Susannah Meyer explained there is a negative perception when something gets pulled but its not because someone wants to kill a project – but rather the conversation was not fully developed in a previous committee or commission.

“I watched the planning commission meeting and I at the time I wished that they had brought some things up to show for example local residents that they were taking some things into consideration. It doesn’t again doesn’t have to be negative. It just means  either we think the conversation isn’t done, we think the public needs to hear more interaction,  we think the public needs to hear that we’re listening to both sides of an issue. And so I didn’t feel that conversation was complete either. So I wasn’t I wasn’t against this being pulled for that reason,” explained Meyer.

Meyer also blamed things said online that were causing confusion.

“In the case here, obviously everyone here loves this project, I love this project,” said Meyer. “Brentwood is about to be better.”

She continued saying the positives outweigh the negatives with this project.

  • Positives: economic development, new business and jobs, sales tax revenue, small business incubation benefits downtown, repeated comments about the project being family friendly, proximity to downtown was a positive. respect for representation of local history transforming an area of blight, a design that fits Brentwood standards, increased property values.
  • Negatives: traffic, noise, hours, negative impacts on downtown and other nearby businesses, thinking this would take away from that. There was some talk about consistency in allowing similar businesses next to homes and then reducing those hours but not these hours. So, I mentioned this

Meyer also had concerns over the liquor license 42 and was not a fan of the hours and wondered if they could adjust it to 11:00 pm.

The applicant was then provided time to explain the hours and liquor license request.

Lance Crannell, principal architect shared there is the option of the Conditional Use Permit which makes any approval, revokable which should alleviate concerns.

“You can pull a conditional use permit for reevaluation and revocation,” said Crannell. “If you have a 42 license and it turns out to be a problematic site for code enforcement, police office, city, hopefully Miss Mendoza doesn’t get called on some of these things, but there are mechanisms in place to pull some of those conditional use permits to stop the business. So, whether Matt owns the business or it’s being sold, that conditional use permit rides with the property. And so that’s your mechanism to say no, we don’t like it that way. We can re-review it. We can pull it back and have go through the city process to have that revoked,”

He added, the planning commission did a great job of adjudicating through the process and discussing it.  They also feel strongly to let the market decide as they want to have the greatest flexibility as they don’t yet know what businesses will be in the building.

“We’re building it as a shell and we’re marketing it to various tenants and so we want to give the broadest flexibility and again let the market decide and if again it does become problematic you have that mechanism as a conditional use permit to pull it and revoke that and shut it down,” stated Crannell.

Hagar admitted when he put the Type 42 in the plans, he had no idea it would have this much conversation – its beer and wine, no minors, no food.

“The equivalent of that, we can all use as a real-life example is the Brentwood CoCo Wine Bar, they have a Type 42,” stated Hagar. “They are the only one in the area who has that.”

He said the giant night club or bars wasn’t the intent in asking for the license—it was for a wine tasting bar which was the intent vs. rowdy environment.

Hagar also said a wine bar, wine tasting or something of that nature is appropriate on the second floor—noting, through ABC it’s not like businesses can intermix with other tenants—and the intent for the Type 42 was for the second floor.

Pierson highlighted the differences between the different types of liquor licenses but noted if they wanted more tasting rooms, not before them Tuesday night, they would need to look at the downtown specific plan.

Mendoza noted other issues with businesses in the past.

Oerlemans cautioned the council from handicapping a new business because of what others are doing or did in the past.

Alexis Morris, Director of Community Development, highlighted the CUP process and revoking conditions of approval – from documentation to steps to revoke. It could be a time consuming process but could be done. If documented, it could be revoked.

“It’s somewhere between we can never do it and its very simple,” said Morris.  She also suggested pulling the Type 42 out and make that subject to a CUP.

The council also confirmed they have to also deal with noise ordinance, unruly and other conditions of approval.

Mendoza suggested if the business does remain open until midnight, urged residents to contact the council, call the police and open tickets as that is the only thing to get CUP’s pulled. She also suggested they take on a similar process to Walnut Creek by reviewing a business after 6 months.

Pierson said she didn’t care for that as they were not doing it for other businesses (not saying it was good or bad) and didn’t want to model after a city or have the details. She then made the motion.

Pierson moved to approve the project with everything approved by the planning commission with the exception of pulling the Type-42 liquor license.

The item was approved in a 5-0 vote.

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