Costco Project Faces Second Lawsuit

PLEASANTON, CA — The proposed Johnson Drive Economic Development Zone project just hit another roadblock. Once more a group called Pleasanton Citizens for Responsible Growth sued the city, alleging a violation of the California Environmental Quality Act.

The lawsuit claimed the Pleasanton City Council violated the CEQA by recently approving an environmental impact assessment for the proposed project along Johnson Drive, near I-680 and Stoneridge Drive, that could include a Costco and two hotels.

City Attorney Daniel G. Sodergren said he does not comment on pending litigation.

The CEQA requires public officials to evaluate comments and provide written responses. The lawsuit claims that there is "no substantial evidence" to support the council's determination that environmental impacts of the project would be less than significant and that the council did not adequately respond to public feedback.

On Feb. 4 the council voted to pass three measures to pave the way for the project, including an environmental impact report, which is required by state law. Pleasanton Citizens for Responsible Growth argued that the city did not "provide a detailed, written, good faith, reasoned analysis in response to comments received on the draft (environmental impact report) during the public comment period," but approved the environmental report anyway.

Former city councilmember Matt Sullivan of Pleasanton Citizens for Responsible Growth said the group submitted dozens of questions or points for consideration, but the group did not receive sufficient explanation.

The first environmental report was completed in 2015 and was the basis of another lawsuit filed by Pleasanton Citizens for Responsible Growth. The group alleged that the California Environmental Equality Act had been violated because the air quality review related to the nearby Stoneridge Apartment Community was incomplete, according to a council report.

Costco and the city agreed to perform additional air quality analyses and Pleasanton Citizens for Responsible Growth agreed to dismiss the lawsuit, the council report said.

A subsequent 2019 analysis based on updated and more precise information determined air impacts would be "less than significant," according to documents the council voted on Feb. 4. Costco also agreed to reduce the amount of gas distributed each year at its gas station to 24 million gallons.

Air quality during construction could still be poor, but workers could take steps such as using lower-emission equipment and limit equipment idling time to two minutes, said city planner Eric Luchini during the Feb. 4 council meeting.

New traffic signals would be installed to help mitigate environmental impacts from traffic to a "less than significant" level. The area along southbound Stoneridge Drive, parallel to the Dublin San Ramon Services District ponds, and westbound along Johnson Drive onto the I-680 onramp will be widened, regardless of whether the project is approved, he said.

Pleasanton Citizens for Responsible Growth also feels the methods the city used could have contributed to an underestimation of emission levels at the site of the proposed plan, Sullivan said.

Sullivan said he feels the city is "putting economic benefit over health and safety impacts to our residents."

During that same Feb. 4 meeting, the council voted to change the land use and zoning for the project site to accommodate the proposed development.

Pleasanton Citizens for Responsible Growth said in the lawsuit that it wants the council to rescind its approval of the environmental report, and land use and zoning changes approved that day. It also seeks to block the city from proceeding with plans for the project until it addresses the lawsuit's claims.

See the lawsuit here:

Pleasanton Citizens for Responsible Growth Lawsuit #2 by Courtney Teague on Scribd