Judge Stops Marina Apartment Complex That Had City’s OK

By AMANDA BRONSTAD

Staff Reporter

Halting a controversial residential development in the heart of a South Bay industrial zone, a Los Angeles Superior Court judge ruled that the city should not have authorized rezoning of the land.

Avalon Bay, a proposed 309-unit apartment complex on 4.5 acres in the Del Rey Business Park in Marina del Rey, was opposed by businesses in the 150-acre industrial area and its plan rejected by the City Planning Commission and the City Council’s Planning and Land Use Committee.

But the project found favor with City Councilwoman Ruth Galanter, in whose district it sits, and the council as a whole approved the rezoning to residential use in May.

A number of business park occupants filed suit in August seeking to halt the project, claiming a residential development does not belong in an industrial zone. One of the businesses, North Hall Productions Inc., said it would have to relocate because its late night trucks and loud noises would disturb residents of the proposed development.

The developer, Arlington, Va.-based AvalonBay Communities Inc., has appealed the ruling. The city may appeal, but Assistant City Attorney Jack Brown said no decision on had been reached.

“Our argument will be that the City followed the law and has the discretion to control land use decisions in its jurisdiction,” said James Arnone, partner at Latham & Watkins representing AvalonBay. “It’s not for the courts to substantiate the judgment of an elected City Council.”