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Group makes expected appeal on Lowe’s project

David Paynter's Target shopping center might have slipped off the radar screen of environmental interest, but not his proposed development next door.

The Southern California developer's new plan to build a shopping center anchored by Lowe's -- despite the recent city approval -- faces persistent opposition from local groups advocating for the preservation of natural landscapes in the area.

Hanford Environmental Awareness Group and Valley Advocates of Fresno have recently appealed last month's planning commission decision to approve the 20-acre project just northwest of the Target center, alleging the abuse of discretion by the city in allowing the destruction of what they claim as the "last remaining" segments of historic Mussel Slough.

The appeal comes as no surprise, as the groups already have a lawsuit pending against the city over the project.

On Tuesday, Paynter remained unswayed by the opposition.

"Their claims are baseless," Paynter said. "We're still planning on going forward with our project, and we're excited about it."

Paynter has been arguing -- with the backing of city officials -- that the slough remnant has not existed on his property since at least 1965.

"The facts are on the wall at city hall," Paynter said. "It's very clear that the slough was not on the property when we bought it a year ago, and it hasn't been for over 40 years."

Nevertheless, Richard Harriman, the attorney who represents the opposition groups, insists Paynter's project does contain a remnant of Mussel Slough, an ancient water channel with historic and ecological values that are to be protected under the city's own land-use policy.

"We are passionate about it because we believe Hanford has continued to fail to follow the regulations and policies adopted by the Legislature," said Harriman.

Harriman called for a full environmental review of the project and cooperation from the city to come up with ways to protect the natural landscape while letting the project take place.

"It doesn't have to happen this way. It can be avoided," Harriman said. "Obliterating the landscape is not smart environmentally and economically."

The fate of the project is now in the hands of the Hanford City Council, which has traditionally voted in favor of developers.

The council is expected to hold a public hearing on the matter next month.

Specifically, the two groups challenge the decision based on the following allegations:

• A faulty environmental review with a lack of analysis into the cumulative impact on biological resources.

• Impacts on what they say is a remnant of Mussel Slough, an ancient water channel.

• Violation of the city's land-use policy, which calls for preservation of the slough and historic resources and protection of the greenbelt in west Hanford.

These are the same points the groups have previously raised to argue against the project.

The reporter can be reached at 582-0471, ext. 3059.

(Sept. 19, 2007)

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The following are comments from the readers. In no way do they represent the views of the Hanford Sentinel

js wrote on Sep 19, 2007 1:13 PM:

" These issues are raised by supporters of local merchants whom do not wish for more corporations to move into the city as that will diminish their chances of survival. If the city is to continue to prosper, more outsiders will need to move-in and thrive. "

EHR wrote on Sep 19, 2007 3:05 PM:

" here we go again!..just delaying the project even further... "

This is crazy wrote on Sep 19, 2007 5:41 PM:

" Can't understand this one again? Can any one tell me where the Mussel Slough is? and prove it? What are we upseting if they do bluid there? More tax payer dollars to combat this again.. "

William H wrote on Sep 19, 2007 6:20 PM:

" Why doesn't Paynter look at the old Walmart building? Once Lowe's is in business, it won't be long before Home Depot moves out leaving us with yet another empty building! "

Blame game wrote on Sep 19, 2007 7:14 PM:

" Blame the "HEAT" group they are the one's pursuing frivilous lawsuits! and there group are the one who filed the appeal. "

Joe Friday wrote on Sep 20, 2007 12:46 AM:

" William H asked why Lowes won’t buy and remodel the old Walmart building? The answer is because the site near Mussel Slough is in an enterprise zone, the empty Walmart building is not. By locating in an enterprise zone the business will get millions of taxpayer dollars in tax credits. For the first five years they are open the new business will receive tax credits for up to half the wages it pays to employees. Tax credits will also be claimed for sales taxes paid on equipment purchased and more giveaways totaling in the millions, courtesy of California Taxpayers. In addition the lender (both commercial and private) to the new enterprise zone business may deduct the interest income on the loan. Not only is the business ripping off the taxpayers by not paying their fair share of tax on profits, the bank or individual lending them the money to open is also getting a huge tax break. This is the real reason Walmart moved across the street and why no business has taken over the old Walmart. So when the city talks about more tax revenue from this project ask about the increase after the tax giveaways. "

To: Joe Friday wrote on Sep 20, 2007 11:33 AM:

" I didn't know that was an enterprise zone but, checking the net, it's true! Having that assistance, there's a large amount of money businesses can spend for equipment and not pay state sales tax. Depending on the area, the amount can be in the mid-tens of millions of dollars. What does that mean for us? 7.25% not being paid to the state and county (WalMart left a builiding empty to take advantage of the "public assistance"). If the limit for the off-set is for example $20 million, the state and county coffers are not being paid money they otherwise would receive. Those are our benefits. One more item, taxpayers also pay 1/2 of the wages for 5 years for employees at businesses in enterprise zones under certain conditions. Why does the world's largest retailer Wal-Mart, and not far behind Target, and now Lowe's need "public assistance"? Now, we understand why WalMart moved across the street. FYI, the fees Lowes will pay to the city for development, Lowes will receive 10x that from taxpayer "public assistance" corporate welfare by using the benefits provided to enterprise zone businesses. Sorry if you want a Lowes here, you will pay dearly to have it. "

To: To Joe Friday wrote on Sep 21, 2007 12:32 AM:

" Hey I checked it out on the state's website! The developer gets fast track permitting so their projects get slam dunked! I figured out the 7.25% that could be paid to the state and county. That's $1.5 million dollars on a $20 million dollar purchase. Some counties have their zone tax offset at $40 million. The state and Kings County could be using that money instead of us paying for Lowes to get their building made and us paying 1/2 of their employees' salary. This is nothing new, we paid for Target (the other Paynter project as the article states) and the WalMart SuperCenter at 12th and Lacey according to the state enterprise zone website. The AutoMall looks like it's part of that zone too. I guess we will pay 1/2 of their wages AND they get fast track permitting. I wondered how this construction gets built overnight yet to get an inspector over for a remodel takes days. Oh yeah, did I mention the low interest loans? What is this thing really about? It DOES sound like corporate welfare as that other person said. Those businesses get plenty of money, they don't need my help. "

Hey Blame Game! wrote on Sep 21, 2007 1:03 AM:

" It's "their" not "there". From "GRAMMAR FOR GEEKS" and elementary English: Word: They're Meaning: Short for They are Example: They're a couple of computer nerds. Word: Their Meaning: Possessive version of "they" Example: Their syn-flooder component works well. Word: There Meaning: Indication of location Example: Hand me that Linux book over there. Please practice your skills on application. Thanks. "

To This is Crazy wrote on Sep 21, 2007 5:48 PM:

" Mussel Slough, named for the fresh water mussels which used to be found along it's banks was once a main waterway between the Kings River and Tulare Lake. Mussel Slough also relates to one of America's most deadly gunfights near 14th Avenue and Elder Avenue between the railroad and local farmers back in 1880 where seven men lost their lives, most of whom are buried in Hanford and Grangeville Cemeteries. There is a historical landmark at the site just north of Elder on 14th. A quick internet search regarding this important occurance in the history of Kings County can provide interesting information, links to books on the subject and www.Calflytech.com provides an area map of the Mussel Slough. Hope this helps convince you that our local history or what's left of it should be preserved before there's nothing left! "

Curious wrote on Sep 21, 2007 5:55 PM:

" Joe Friday, maybe you can enlighten me. What web site did you access in order to find out how much money has been disbursed to eligible companies in the enterprise zone? I've tried to find one and couldn't. Maybe I'm just not computer-savvy enough. One thing I did find out is that the former Wal-Mart site is within the enterprise zone, since it covers almost all of Hanford. I just couldn't find a list of the companies taking advantage of the tax incentives. Doesn't mean they're not, I just haven't been able to find it and would appreciate your assistance. "

To Curious wrote on Sep 22, 2007 2:39 PM:

" Although the map is lousy, the north side of Lacey and 12th Ave. lies outside of the EZ map. Call EDC, they should have a good "readable" map. The EZ website I looked at gives addresses, maps and websites. Better get out your magnifying glass to see the map (I did). If you know someone at EDC or if one of the city representative that sit on their board is reading this, ask them to post a map that is readable and available on the state's website. Shame on Kings Co. for having such a poor map posted. No wonder we can't attract or retain business here. By the way, I'm not Joe, I looked too and whoever Joe is, he's right. "

IDEA! wrote on Sep 26, 2007 9:54 AM:

" I was thinking, if Richard Harriman, " Heat ", Valley Advocates and this taxpayer group were really concerned about Hanfords growth, (they cannot stop) Taxpayer money Then, I believe The City Council should hire them to resolve the staffing crisis at Hanford police dept, a new police dept, more fire personel,the arsenic issue in our water, more affordable housing and other issues that relate to how our Taxpayer money is being spent instead of being the problem and costing the City our taxpayer money on these stupid lawsuits. "

I have an Idea for IDEA wrote on Sep 27, 2007 12:35 PM:

" Why should police dept decisions become something outside of the City Managers and CC area. That's why you vote for your rep. and that's why you hope they chose a good manager. Costs for legal stuff is "capped" or that's what we taxpayers are told. What exactly do these lawsuits cost the city money and you? hmmm? We are told developers sign an agreement that they are responsible for the city's legal costs that are a result of the devopment they want to do. Tell your rep. what you want done, they are the boss of the city. When the City Manager doesn't do what they want, well... remember Jan and Alan? hmm.. I guess you can tell who you should be complaining about right?. A,B,C, G & T. Ayres, Buford, Chin, Gonzales and Thomas. "

Devil's Advocate wrote on Sep 30, 2007 11:27 PM:

" Hold on a sec - let's talk about Enterprise Zones. The whole point is to get businesses to locate in economically depressed areas, i.e. most cities in the valley. Since the bottom line is the only thing that matters in the decision of location, It makes sense to pay businesses to show up, because it employs people, stirs up the local economy, gets the capital investment (buoildings) in place, etc. The net effect is very positive. No, Walmart and Lowe's don't need "corporate welfare"; Hanford needs "REGIONAL welfare." "

To: Devil's Advoacte wrote on Oct 1, 2007 10:30 PM:

" No, Hanford needs REAL JOBS, not WalMart, Sonic and El Pollo Loco. Those jobs only add to the underemployed problem here. Those employees are encouraged to get "reasonable" medical benefits from the County MediCal office. Regional Welfare may be the answer but how about bringing manufacturing jobs out to the industrial park, not more part-time jobs for the employed poor in this town. Mr. Paynter does not need the corporate welfare nor did Target, another one of his projects. Bring substantial employers here, they deserve the Enterprise Zone benefit. "

Devil's Advocate wrote on Oct 2, 2007 10:51 AM:

" Dear “To: Devil's Advoacte”, you seem to think it’s an either/or proposition – industrial jobs vs WalMart. Its not; each one is a yea or nay completely independent of the other. Are we gonna have a Sonic – yes or no – has no bearing on new factories. Commercial, especially retail, has always been about part-timers and seasonal work; that’s not gonna change just because we’d rather have full-time, year round employment. And you also need to realize: bad jobs is better than no jobs, Sonic here is better than Sonic in Visalia or Coalinga, and extending EZ benefits to commercial doesn’t prevent them from being extended to industrial. And no one “deserves” the EZ benefit – it’s a bribe we pay to have expand our local economy. "

I have a ? wrote on Oct 3, 2007 10:48 AM:

" Is HOME DEPOT behide this in some way? Because it would make since that they would not want the people of Hanford to get GREAT sercice at Lowes. Or is there a crazy person that is in love with Home Depot. "




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