SAN MARCOS — In spite of controversy and legal challenges, Wal-Mart will be expanding after all.

The City Council voted unanimously to approve a 28,122-square-foot expansion to the existing Wal-Mart store at 1800 University Avenue at the March 11 council meeting.

The vote at the same time dismissed once and for all the challenge to the expansion filed last August by law firm Latham & Watkins shortly after city staff approved the plans.

The Planning Commission rejected this challenge and gave its final approval to the expansion Feb. 5, but Latham & Watkins appealed this decision.

“We do believe that multiple procedural and substantive mistakes have been made with regard to the processing of the proposed expansion,” Latham & Watkins attorney Neal MacGuire argued at the public hearing.

MacGuire went on to say that the city’s zoning administrator had approved the expansion without a public hearing and that the Environmental Impact Reports pertaining to the development were 15 years out of date and unusable.

Clifton Williams, a land-use analyst for the law firm, contended that the expansion would generate a significant amount of new traffic.

Oceanside resident Marisa Diaz also spoke out against the expansion.

“The approval of this expansion would be a grave mistake on more levels that can begun to be counted, environmentally and beyond,” Diaz said.

Jennifer Guenther, a Wal-Mart representative from San Bernardino, defended the project.

“This is an expansion which was approved previously in 1992 ... it is not a new project,” Guenther said.

According to Guenther, all stages of the project’s development had been adequately represented with public hearings and corporate outreach. Guenther also countered charges of environmental insensitivity by showcasing the project’s cutting-edge lighting and air conditioning systems.

“We are actually more energy efficient than is required by the State of California,” she said.

The majority of the people who participated in the public hearing praised the proposed expansion.

“The opportunity do my shopping in one location ... is just great. I see this expansion as 28,000-plus square feet of good savings and good prices for customers,” Wal-Mart store manager Benny Mora said.

“This is the perfect place for this store. It’s right next to Highway 78. It’s in a center of big box stores.” Chamber of Commerce CEO Jim Baumann said, addressing Williams’ traffic concerns. “The expansion will bring a lot of needed tax revenue to the city.”

Baumann went on to list the philanthropic contributions the Vista Wal-Mart has made to the community, including more than $1 million in wildfire relief last year.

“Wal-Mart has been a great corporate citizen ... They’re very involved in the local community and I think it’s important to support the rare corporation that does support our community,” he said.

Other supporters included representatives of Vista Village Business Association, Vistans R.O.C., Alpha Project and Casa Rafael.

Councilman Bob Campbell expressed surprise at the overwhelming support for the superstore.

“(In 1992) the Chamber of Commerce, the Vista Village Business Association and all the small merchants in the area … said, ‘What a disaster Wal-Mart will be on this community.’ Here we have tonight the pillars of our business community ... coming before us and telling us what a benefit (Wal-Mart) is to the community,” Campbell said.

“We do have a responsibility as a city to make sure that the things that are required of them are reviewed and that we give due process to those who oppose this. I think we have,” Mayor Morris Vance said.

Lydia Bustos, the store’s community coordinator, said she was pleased with the council’s decision.

“They were very, very kind, but they’ve seen us in action. I am very grateful that they noticed that we go out in the community. Every time we’re asked, we’re there,” Bustos said.

Bustos was doubtful that Wal-Mart had seen the last of Latham & Watkins.

“I’m sure they’re trying to find another way of putting a halt to (the expansion),” she said.