Culver City : Hearing on Marina Place

A judge has indicated that the environmental impact report on the Marina Place shopping mall fails to thoroughly discuss the impact on air quality, but the flaw is not fatal because mall opponents failed to raise the issue during the approval process by Culver City.

At a hearing Monday, Los Angeles Superior Court Judge John Zebrowski said the environmental report appears to lack an analysis of the cumulative impact of massive Westside development on air quality, as is required by the California Environmental Quality Act. But the mall developers had argued that the city of Los Angeles and the Venice Town Council had not voiced these problems to Culver City officials during hearings, and so the court has no jurisdiction to judge the adequacy of the report.

The judge, however, did not issue a ruling, instead allowing all parties to file further legal arguments this week. He said he hopes to rule on the case next week.

Los Angeles and the Venice community group seek to overturn Culver City’s approval of the project, claiming that Culver City did not adequately assess the mall’s impact on traffic and air quality, particularly in the Los Angeles neighborhoods that surround the project on three sides.

Kenneth B. Bley, attorney for Marina Place developers Prudential Insurance Co. and Melvin Simon & Associates, urged the judge to stay--but not overturn--the development agreement between the city and the developer if Zebrowski finds errors in the environmental report that need correcting. The agreement was approved in March and was designed to shield Marina Place from any changes in city laws--including the 56-foot height limit that was approved by Culver City voters the next month.

The $160-million mall is to include structures as tall as 84 feet and two department stores, 140 other shops, restaurants and movie theaters.