Downloadable Information Flyers for Distribution
The Turlock Ordinance
Our Request to the Planning Commission to Revoke the Zoning Permit
Violations of the Conditions of Approval
Editorials
News Coverage
Downloadable Information Flyers for Distribution
We have 3 information flyers available as downloadable PDF files that we encourage you to read and share with your friends and neighbors.
Wal-Mart has spent millions of dollars over decades on mass media advertising to sell you a very one-sided, pro-company story. These information flyers tell a different story.
The Turlock Ordinance
The Turlock Ordinance prohibits large-scale retail business stores that exceed 100,000 square feet of gross floor area from devoting more than 5% of that floor area to the sale of non-taxable (food/grocery) merchandise.
If enacted in Marina, this would prevent Wal-Mart from expanding into a Super Center. Ask Marina’s City Council to enact the Turlock Ordinance proposed by Council Member Ken Gray at the April 18th Marina City Council meeting. Go to the GET INVOLVED page to join our letter writing campaign to City Council and staff, and send them an email.
Click here to download a PDF of the Turlock Ordinance. [PDF]
Our Request to the Planning Commission to Revoke the Zoning Permit
At the April 27, 2006 Marina Planning Commission meeting, the Commission had on their agenda an action item to discuss and decide whether or not to hold a public hearing to decide whether or not to modify or revoke the zoning/use permit issued to Tallen & Keshen Holdings, the property owner, developer and leaser to Wal-Mart.
Commissioner Colin Gallagher motioned and Commissioner Gary Nowak seconded the motion to hold the public hearing on the grounds that Tallen & Keshen Holdings negligently provided false and material information at the Oct. 13, 2005 Planning Commission meeting which the commissioners used to base their decision to amend the zoning/use permit.
Pursuant to Marina Municipal Code (Sections 17.48 and Section 17.56), the Planning Commission has the authority to do this. For your convenience, the Marina Municipal Code is provided as a downloadable PDF file. [PDF]
Unfortunately, the Planning Commission voted 2-4 against holding the hearing after many questionable tactics by the city attorney, Robert Wellington, to subvert the public process.
Here are three 3-minute presentations that were delivered by Marina citizens at the April 27 Planning Commission meeting, available as downloadable PDFs:
Why did we want a hearing? The vision for the Marina Landing Shopping Center (the site of the former Kmart and site of the proposed Wal-Mart) was discussed in detail at the Oct. 13, 2005 Marina Planning Commission meeting. The vision our City Council, Planning Commission and citizens had for the site was a unique, pedestrian-friendly shopping center with multiple retailers serving Marina residents and visitors. In fact, the Planning Commission specifically told the developer that Marina did NOT want a Wal-Mart or any single major discount merchandiser coming in and occupying the whole building.
Yet, that is precisely what Marina got. The developer signed a lease with Wal-Mart in February, without telling anyone in Marina. Marina’s City Council and citizens were informed a Wal-Mart was coming to Marina by a Monterey County Herald article on March 4, 2006. We were told, “It’s a done deal.”
Should an out-of-town developer and Wal-Mart have more say in the direction of Marina than its own city officials and citizens? Certainly not. We asked for a public hearing to hold the developer accountable to what was said at the Oct. 13, 2005 meeting. Unfortunately, at the April 27 Planning Commission meeting, we were denied the opportunity for a hearing and several Marina citizens were denied the opportunity to publicly voice their relevant concerns.
Attached are 2 letters, available as PDF files, that outlined our case to the city:
Violations of the Conditions of Approval
When the 1988 Final Environmental Impact Report (EIR) was recertified in 1992 by the Marina City Council, it identified many negative impacts that would result from having a “large discount merchandiser” at Marina Landing. The Conditions of Approval are the additions to the zoning permit to mitigate these negative impacts, and must be enforced by the city and obeyed by the property owner.
Currently, there are several Conditions of Approval that are being violated with regard to storm runoff associated with the roof and parking lot. They are as follows in bold type, and followed by our comments:
| M21 (page 13) “That the project shall retain all project drainage on site, consistent with Public Works Department on-site drainage standards, and provide for the installation of curb, gutter and catch basins with street improvements as required by Public Works Department conditions of approval.”
There are large areas of the parking lot where runoff is collecting (see photos). One drain on the Beach Road end of the parking lot and the 7-11 exit onto the parking lot was fairly well clogged during the recent storms and water was flowing across Beach Road toward the vernal pond.
M37 (page 15) “That the design of final site drainage plans shall be approved by the Director of Public Works pursuant to Public Works department conditions of approval, including but not limited to an adequately sized stormwater retention system to reduce flooding impacts, and the review of hydrology data by the Director of Public Works to determine the proper drainage system.”
This has yet to be done.
M39 (page 16) “That a regular cleaning and maintenance program for paved areas on the project site shall be implemented to the satisfaction of the Director of Public Works to reduce the influx of contaminants into the site’s storm drainage system.”
No regular cleaning and maintenance program has been in operation at the site. The owners, Tallen & Keshen Holdings, should implement a plan without delay.
M40 (page 16) “That the planned off-site pond’s (vernal pond number three) stormwater runoff filtering system shall be regularly monitored to assure its proper functioning to the satisfaction of the Director of Public Works and regular maintenance of this filtering system shall be implemented by said development.”
When has the City of Marina last “monitored” the functionality of the stormwater runoff filtering system? When was the last maintenance performed?
M41 (page 16) “That periodic water sampling of the planned off-site pond’s water shall be conducted by the City or other qualified party to the satisfaction of the Director of Public Works before, during and after construction to ensure that water quality is maintained or improved. Further that, if and when the City adopts an overall management plan for Marina’s vernal ponds, subsequent water sampling of vernal pond number three shall be conducted in compliance with this plan.”
The City of Marina should be asked to produce the reports/results of the periodic water sampling of the off-site pond. Also, the City should be tasked to produce the “overall management plan for Marina’s vernal ponds” along with the records/results of the water sampling for the vernal pond number three.
M43 (page 16) “That ground surface water runoff as determined by final site drainage plans required under condition M37 shall not be allowed to flow from the shopping center site into the off-site pond.”
The stormwater runoff has been running toward the off-site pond and the impact of intrusion, if any, of contaminants to the pond is not known.
Adding to the problem is stormwater runoff from the roof. According to a report submitted to the city in April 2006 by B&B Associates Structural Engineers, ponding will occur on the roof to a depth of 3 inches. After exceeding 3 inches, water drains onto the sidewalk and further adds to the ponding of water in the parking lot that eventually spills onto Beach Road and to the vernal pond across the street.
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