Battle Over Developing Wetlands Is Nearing End : Environment: A developer who shares appreciation for ecology offers a solution to protracted struggle.

As winter approaches, the great blue herons and snowy egrets return to the Ballona Wetlands, a quiet refuge for wildlife surrounded by some of the most intensely developed and valuable real estate in Los Angeles.

This tranquil open space between the Westchester Bluffs and Marina del Rey offers migratory birds a safe harbor from the frenetic urban landscape next door.

For years, the peacefulness has belied a pitched behind-the-scenes battle between environmentalists determined to save one of the last remaining wetlands in Los Angeles County and developers intent on building a massive multi-use complex known as Playa Vista.

But now, with a new developer, who apparently shares an appreciation for the environmental significance of the land, an end to the protracted battle over Ballona Wetlands appears to be at hand.

Although the environmentalists of Friends of Ballona Wetlands and the new developer, Maguire Thomas Partners, have yet to sign a formal settlement ending a 5-year-old lawsuit, both sides express confidence that a final agreement will be reached soon.

“We’re getting very close,” said Carlyle Hall, attorney for the Friends. “We’ve made very substantial progress on most major issues.”

Nelson C. Rising, head of the development team for Maguire Thomas, agreed: “Things are moving along very nicely. It does take time. But the spirit in which the negotiations are taking place is a very constructive atmosphere.”

The centerpiece of the settlement talks is a commitment by Maguire Thomas to save 270 acres of wetlands for the herons, the egrets, and nearly 200 other species of birds that call Ballona home at some point each year.

The plans for the wetlands include such public facilities as an $8-million nature center with trails and exhibits that would be run by the National Audubon Society.

Until this year, the vast property west of the San Diego Freeway and south of Marina del Rey had been the province of the Summa Corp., founded by the late industrialist Howard Hughes.

Maguire Thomas purchased the 887-acre site from Summa Corp. in February and immediately began trying to clear the way for the development of the remaining 600-plus acres of Playa Vista.

The lawsuit by the Friends of Ballona Wetlands has been one of the biggest impediments to development of Playa Vista. The Los Angeles Superior Court suit challenged governmental approvals for the Summa project. Uncertainty created by the suit stopped Summa from moving forward with plans to erect a small city of high-rise office buildings, as well as commercial and residential structures.

Attorneys and officials of the Friends describe a night-and-day difference in attitude between Summa and Maguire Thomas.

“They have a very different feel and sensitivity to the environment, the wetlands and the overall neighborhood,” Hall said.

Almost immediately after Maguire Thomas entered the picture, a new team of planners began work on a revised plan that would eliminate the soaring office towers, scale back office space to 5 million square feet, reduce the commercial space and increase the number of residential units to 11,750.

Maguire Thomas also began talks with the Friends aimed at settling the wetlands controversy that had stymied Summa.

After months of negotiations, attorneys told a Superior Court judge last Tuesday that they are moving toward an agreement. A referee is expected to be named to mediate the remaining issues.

“The settlement we are talking about is an excellent one in which everyone will benefit,” Hall said. “Everybody is moving in the same direction. It is just a matter of resolving various points.”

Both sides say Maguire Thomas has agreed to save all of the wetland area west of Lincoln Boulevard from the base of the Westchester Bluffs north to Ballona Creek. The only exception is a swath of land of about 50 acres west of Lincoln that lies between Culver and Jefferson boulevards, which will be developed.

The developer will commit $10 million to wetlands restoration.

The National Audubon Society is expected to provide $8 million for the interpretive center it plans.

“We’ve been wanting to restore this wetland for a long time,” said Glenn Olson, vice president of the National Audubon Society.

The nature center’s exhibits, Olson said, will explain why wetlands “aren’t just mosquito breeding grounds or places for shopping carts to rust.”

But before the lawsuit can be settled, Maguire Thomas wants certain assurances, including a commitment by the 1,500-member Friends organization to support a consensus plan for development. Rising stressed that “the lawsuit can’t be settled” until all parties agree, and that includes the city and county of Los Angeles and the California Coastal Commission.

Maguire Thomas wants the city, county and commission to agree to process and review all plans, environmental documents and requests for zoning approval as expeditiously as possible.

The developer also wants to abandon Summa’s plans to build an extension of Falmouth Avenue through the wetlands. Maguire Thomas’ desire not to build the roadway has drawn kudos from the Friends but is the subject of negotiations with the city and county.

As lawyers and planners debate the future of the wetlands, environmentalists continue to educate the public about their importance.

On a recent Sunday, Ed Tarvyd, professor of marine biology at Santa Monica College, told small groups of bird watchers and interested observers that the Ballona Wetlands are “very, very important to wildlife.”

Birds migrating from Alaska to South America along the Pacific Flyway use the wetlands as a place to stop and feed before moving on. Halibut and northern anchovy use the side channels of Ballona Creek for breeding--”a nursery for offshore fishing,” he said.

More than 40% of the wild bird species found in California have been seen at Ballona, the last remaining saltwater wetland between Malibu and Seal Beach.

Farther down the Ballona Creek levee, Loyola Marymount University biology instructor Howard Towner had telescopes trained on the egrets and herons.

Towner said the wetlands are home to at least two endangered species of birds--the California least tern and Belding’s savannah sparrow. Other endangered species such as bald eagles and peregrine falcons have been seen in the area.

PROTECTED WETLANDS

Alongside the proposed Playa Vista housing, office and commercial development--the white area pictured above--will be about 270 acres of the Ballona Wetlands for the nearly 200 bird species that live there. The proposed wildlife area is marked by cross-hatch.