Saturday, November 7, 2015

FAR out lie


It has been some time since I wrote anything under the Marina Matters banner. Not that there have not been issues to write about but I just needed a break from the intense focus it takes to stay on top of all the local issues. Now I just can’t sit by quietly as our infamous City Council majority continues to endanger the long term viability of our City.
Let’s start with the latest distortions and lies that led to denying a local developer the right to build shops and restaurants on his property at the Dunes Shopping Center. The argument was centered on a little known numerical calculation called the FAR ratio. That stands for Floor Area Ratio. It is intended to increase the density of a project and leave more open space around it. The City of Marina requires a .25 ratio.
Opponents claim that the .19 ratio proposed by the applicant is in violation of the City’s General Plan. That is, in fact, correct. Several people spoke about the sanctity of the General Plan and how changing it for this project would destroy Marina. But here is where it starts to get interesting.
As was stated many times before the City Council during this process, the VA clinic and the Cinemark Theatre also fall under the magical .25 ratio requirement. So how can this be? The Council is adamant about upholding the General Plan without a change. In fact, it was Councilwoman Morton that stated “the plan requires that we reject the proposal”. The proposal voted on by our City Council included specific wording to change the General Plan for a very specific area within the Dunes Center to account for these developments being under the .25 ratio and correct the inconsistency. I myself repeatedly asked for the City Manager and City Council for the FAR ratios of the projects within the Dunes but they could not, or would not answer the questions while the item was pending. These numbers were promised to me after the fact but I have yet to be contacted by the City with these numbers.
I have since been able to obtain these numbers and the calculations needed to determine them from sources outside of the City. Let’s start with the VA Clinic. There are a total of 8 lots needed for the clinic that total 623,349 square feet. The building itself is a total of 148,401 square feet. So if you divide the building by the lot size you get a .2381 FAR ratio. But how can that be? It falls under the sacred General Plan ratio of .25.
Let’s look at the Cinemark Theatre. It sits on a lot that is 145,490 square feet with a building of 23,016 square feet. Dividing these numbers out you get a ratio of .1582. The last I checked these buildings are being built or have been completed so certainly the City Council approved these projects. How is that possible?
It seems that if the Council majority like a project they calculate the FAR ratio across the entire Dunes project. If they don’t like it they make each segment stand on its own. A similar thing happens when you include the Wellness Center into the mix. As it stands today, the Wellness Center does not meet the FAR ratio but will, once CHOMP builds the next building on the site (whenever that happens).
Where is the City Attorney in this discussion? I would think that applying the rules in such a hap hazard manner would expose the City to significant litigation. But I guess when you have so many attorneys on Council you don’t worry about litigation, no matter how much it could cost the taxpayer in the end.
I hope that the applicant re-applies with a couple of the compromises outlined in the months’ long discussions and negotiations. I also hope that the Council majority ends its campaign of lies and distortions and compromises so that this project can move forward to benefit our entire Marina community.
More later......

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