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Pleasanton Citizens for Responsible Growth are appealing an Alameda County Superior Court judge’s rejection of their lawsuit against the city of Pleasanton over environmental approvals for the proposed Costco store and overarching Johnson Drive Economic Development Zone.
The specific points of the appeal are not yet known, but attorney Mark R. Wolfe filed a notice of appeal with the county court on Jan. 15 on behalf of the citizen group spearheaded by former city councilman Matt Sullivan.
“We respectfully disagree with the trial judge’s view that the final EIR for the JDEDZ fairly considered the cumulative impacts on traffic and air quality of the Costco project in tandem with the IKEA, Kaiser, ‘At Dublin,’ and other massive, traffic-generating development projects approved in Dublin in the last five years after the EIR’s analysis was performed,” Sullivan told the Weekly on Thursday. “We are now waiting for the Court of Appeal to send us a letter stating when our opening brief is due.”
Pleasanton city attorney Dan Sodergren declined to comment on the appeal, saying he does not comment on pending litigation.
Suing the city for the second time over the JDEDZ and Costco, PCRG challenged the adequacy of the city’s second round of environmental review that occurred after a settlement in the group’s prior lawsuit in 2018 and that the City Council approved in February 2020 in the hopes of advancing the project.
At issue in the new lawsuit is whether city adequately considered the cumulative air quality and traffic impacts on the JDEDZ caused by three proposed or pending projects in neighboring Dublin — the IKEA store, Kaiser Permanente medical campus and At Dublin — as well as whether the city adequately responded to two public comments in its recirculated final supplemental environmental impact report (RFSEIR).
Judge Frank Roesch ruled in favor of the city in November after hearing arguments in the case, denying PCRG’s petition for writ of mandate.
“There is substantial evidence in the record demonstrating that the RFSEIR adequately considered the three Dublin projects identified by Petitioner in the RFSEIR’s analysis of the Project’s cumulative traffic and air quality impacts,” Roesch said in his written order and judgment.
“There is likewise substantial evidence in the record supporting the adequacy of the RFSEIR’s responses to (the comments in question), and the Court finds that those responses included good faith reasoned analysis in compliance with the requirements of CEQA,” the judge added.
The judgment, which followed a court hearing on Nov. 13, was signed on Nov. 17, starting the clock on the 60-day appeal window.
An attempt to reach Costco, which is a real party in interest in the lawsuit, was unsuccessful as of Thursday afternoon.
Under consideration since 2014, the JDEDZ is the local regulatory framework laying out how redevelopment could occur for a new Costco Wholesale store with gas station, two hotels and other projects at prominent property just south of the I-680 and I-580 interchange.
The project was previously paused by a ballot measure in 2016 (which went in Costco’s favor) and the prior PCRG environmental lawsuit (which both sides settled, resulting in the RFSEIR), in addition to this second lawsuit by the citizen group.
The timeline of the proposed Costco project and design review application, as well as the already approved plans from a hotel developer to build two hotels with 231 rooms in the JDEDZ area, remain unclear. No injunction has been ordered by any court so far in the current case, so any project proponent would be proceeding at their own risk with the appeal pending.
Heavy sigh. Please, not again, Mr. Sullivan. Each of us needs to pull together to help our communities recover from the economic and health disaster that is Covid. Do your part by stopping the senseless and costly lawsuits that serve only to stir up angst. The majority of your neighbors are anxious to see the new Costco, have said so repeatedly. Find another passion to occupy your time and spend your money on, for all our sakes.
5 years and still nothing.
Let that sink in for a bit.
Money well spent by the local Gas Station owners, right?
That Sullivan is a swell guy, isn’t he? <—sarcasm
Dknute, I don’t actually have a clue whose money he is spending because names of persons in his group are so far unidentified. As I understand it, he has refused to divulge who any members of his group are and attempts to ascertain that information have failed. Early on, I asked why he is so obsessed with preventing his fellow Pleasantonians from having this well-vetted project and was told he is simply an angry man.
This city has bent over backward attempting to help local businesses and residents weather the covid storm, and to waste city monies fighting this unfair litigation can result in hardships on us all. I urge him to just knock it off. And yes, I know I’m probably wasting my breath, but I had to say it.
“You’re killing me Smalls”
Matt,
Enough…. please, ENOUGH
You continue to go against the citizens votes on this issue.
As a council member, you represented US.
Well, US HAS VOTED. You loose.
Move on and try your hand at something else.
And, PLEASE LIST Those sponsoring you. Gas stations, probably. Anti ‘everything’ people’… likely.
(God: please let it stop. Amen)
Where is the mayor on this? I do know that Matt Sullivan provided her a ‘Key Endorsement’ on her page at the time she was running for city counsel in 2012- see link: http://www.smartvoter.org/2012/11/06/ca/alm/vote/brown_k/
Politics being what they are, it is always a matter of following the money and power. I have concerns that COSTCO may not become a reality. I certainly do not hear any supporting comments from City Hall to the contrary. If there are, I would ask someone to speak up- perhaps I missed it.
James Michael and Longtime Resident, not to worry. The executive order by the governor has a target date of 2035 for starters, and it applies only to new passenger vehicles sold. You don’t have to get rid of your gas guzzlers until they fall apart. And the big ol’ noisy gravel and garbage trucks, busses, and commercial vehicles already owned are good to go .
But James…if France and Germany and 13 other countries can do it, we can do it as well if not better. Please don’t fret.
To be factual, electric cars give off CO2, the alleged boogie gas of the left.
Wondering why MS doesn’t go after Costco in Danville for building the mega gas station?? Surely it will cut into his pals profits at nearby Shell gas stations?
Build our Costco now and quit with the delay tactics MS!! Citizens of PTown step up and quit buying over priced shell gas, hit these clowns in their pocketbooks and do some damage!!!
Really…this is still newsworthy? In my opinion Mr. Sullivan has cost us nothing but money. Think about all of that sales tax revenue that was lost because of the virus and how part of it could have been offset if Costco was open. Enough is enough!
File a counter suite for damages. Once these frivolous lawsuits become something that truly cost the LOSERS some cash they will drop it. Laws in CA need to change to balance the system against suing developers for wanting progress. Enough LOSERS! What a joke citizens for responsible growth is. The only thing they want is high gas prices, low wage jobs and a stagnant Pleasanton economy! Enough!
Linda Kelly…You don’t really believe the tMatt Sullivan is spending his OWN money on lawsuits, do you? He hasn’t spent his OWN money for many years now….
COSTCO would have contributed many tax dollars towards the coffers of the City of Pleasanton, to offset the many Dollars lost by the closing of restaurants and other businesses due to the COVID mess.
All this fuss over something that’s been voted FOR but the Voters in Pleasanton…Really? Why have a vote, if Voters do not matter? What are we becoming? Vote the Sue!…
Linda K…I’m not so sure that he is really “simply an angry man”. I do, however, think that he is a shameless opportunist who follows the money. He’s on a payroll and that is for sure. If Costco had gotten to him first then I’m sure he would be all for the project. Just my opinion, I could be wrong. But one thing that I’m not wrong about is that this has gone on for WAY TOO LONG.
We are familiar with Matt Sullivan:
The group he speaks for whoever they are, appear to be reclusive in that they have self-sequestered, their ambitions unclear and subject to speculative banner.
What we know is, Costco will be built. Maybe not in Matt Sullivan’s life time, but it will be built!
The price of goods and service Costco provides results in significant savings to the membership.
The price for a gallon of gas at Costco is routinely $0.65 – $0.75 cents per gallon cheaper than the nearest competitor. For every ten gallons of gas, we pump into our cars saves us $6.50 – $7.50 of our hard earned money.
The merchandise and food stuff at Costco is routinely 30% less in cost than the nearest competitor, sometimes greater than 30%.
Costco’s rotisserie chicken is a huge whole chicken, and tasty for $4.99, the nearest competitor occasionally sells on sale small pieces, eight pieces for $5.00. The hot dogs, delicious and cheap, and there is fresh made pizza, it is filling.
Years ago, I purchased a new car through Costco’s new car program, I saved $3,000 from what the dealer priced to me.
Plan you exclusive vacation package and business travel through Costco’s travel program.
Have your prescription meds filled at Costco, save more money, write off your membership fee.
Whatever your purchase plans, check it out at Costco first, you will save money.
I receive a substantial bonus or cashback every February, it is always $300 plus, my wife also receives cash back bonus money with her Costco Citi card.
“comments from City Hall”…that’s funny. We have no representation at City Hall. WE VOTED…end of discussion. City Hall, that’s really funny now. These are the same people that are slamming the citizens into EBCE.
I am for the Costco… And I have not read the briefs nor anything to do with the legal case… But could it be that the same EIR process that produced pinching Owens down to one lane, and the wonderfully convenient traffic situation at Chick-fil-A, is at work again for Costco?
Which is better for Pleasanton?
Customers shopping at the Livermore Costco or customers shopping at the new Pleasanton Costco? If the Pleasanton Costco is not built, then all the tax dollars go to Livermore.
This is ridiculous! The voters have voted 3 times and reject the objections 3 times. What else do we need to do to get this ball rolling?
BTW, with the objections, does the judge realize the impact report is based on the situation when the report was written NOT based on current situation. If this gets dragged out, how will the judge make the decision? On the other hand, if CA is going to all ELECTRIC VEHICLES in 3 years, the arguments about pollution become moot because there will be no more car pollution. Anyone who argues otherwise should take it with the State.
Enough is enough. All these activities are making the lawyers rich and taxpayers poorer since the City has to defend the frivolous law suits.
Hey Long Time…Electric vehicles are not pollution free. They have to be charged and solar and wind can’t handle that and their batteries have to be recycled. But you are dead right about the lawyers. There’s always somebody behind the curtain making money at the tax payers expense.
We need the new Costco now more than ever with the JoeBama / Harris Green Energy plans. Over 25,000 jobs and a huge pipeline already canceled, giving China a quick gift.
$30 Billion earmarked for farmers by the Trump Administration will now go to White Elephants like the California High Speed Rail, likely our biggest boondoggle ever. Highway 5 made since, Highway 99? The lawyer full-employment act, and not many farm workers will need $60 rides to nowhere.
A Highway 5 route, and / or a 3rd lane on Hwy 5, were logical choices. Not to Greenies.
What is happening with the possible IKEA store in Dublin?
@Becky..I contacted Dublin planning and asked about IKEA. They said all plans are in place to proceed but they have not pulled permits yet.
The study of Cumulative impacts is standard EIR 101 so I’ll be interested in exactly what is being challenged. Sounds like frivolous attempt lacking merit once again and that’s probably why the appeal court judge denied it. I thought PCRG said during the last campaign that they were only providing unbiased public info about issues. Why are they now aligned with this second lawsuit? And the public still does not know the names of their board members. Anyways, a question was asked as to who funds Mr Sullivan. I can only think it’s possibly organized labor group(s) since CostCo is non-union.
Mica…Costco has both union and non-union employees just as it has both union and non-union stores. Most of the union stores are on the west coast. But it is a fair and generous employer. Much fairer and generous than the gas stations that want to keep it out.
James Michael, thanks for this input. I keep grasping for straws as to why Mr Sullivan is so anti CostCo or big box retailer and hotel(s) at this site when the public wants it and it will add convenience and permit fees and sales tax to our coffers. I think he is telling us how and where we should shop and that he has an unhealthy bias against big box retail. He opposed WalMart as well as the WalMart grocery store where people can get lower prices to feed their families. They haven’t resulted in the deplorable s invading our town. Talk about a self centered egomaniac and snob.
And isn’t it a little strange that M. Sullivan and the Costco haters have nothing to say about the new project near the mall across from Kaiser? They plan to bulldoze the place and put up 3 office buildings and parking. How about that traffic M. Sullivan? Anything to say? Another law suit? I guess it’s okay because they don’t plan to have a gas station on the site.
This is nothing more than somebody worrying about losing money at the gas stations that he owns and pumping up a bunch of puppets to support him.
Judging from the comments here, perhaps the Pleasanton Weekly should do what the SF Chronicle has done and eliminate reader comments from all their stories.
The Livermore Costco is too crowded, yet they refuse to increase their hours of operation. I wish they would build a new Costco in Dublin.
Costco is building a Costco in Pleasanton because the Livermore Costco is maxed out and there are more than Twenty Thousand Pleasanton residents that are Costco members.
Costco announced today that they are raising minimum wage for their store workers to $16 hour. That is greater than hourly wage paid to workers at Amazon, Best Buy, target and many others.