A judge ruled in favor of two community groups demanding that Target stop construction.
A judge has called for retail giant Target Corp. to stop work on a partly built shopping center in Hollywood, handing a stinging setback to a project championed by Los Angeles Mayor Eric Garcetti.
Superior Court Judge Richard Fruin Jr. sided with two community groups who said in separate lawsuits that the City Council should not have allowed Target to build a 74-foot-tall structure in a location where such projects cannot exceed 35 feet.
In a related order issued last week, the court said the council must invalidate permits for the project and halt “all construction activities.”
Rob Wilcox, spokesman for City Attorney Mike Feuer, said city lawyers are still trying to determine “what further work, if any, can be done” at the Target site.
But attorney Robert Silverstein, who represents one of the two plaintiffs, said the construction at Sunset Boulevard and Western Avenue should have been halted a week ago.
In Hollywood, where the size and scale of new development is frequently a hot-button issue, critics of the Target project have warned that it would lead other developers to seek similar exemptions from the city’s height rules.
Target’s lawyers, in turn, said in court documents that they pursued a larger project specifically at the request of Garcetti — then a councilman representing Hollywood — who wanted more stores, restaurants and a pedestrian-friendly plaza.
Last week, Target asked the 2nd District Court of Appeal to ensure that work may proceed at the shopping center, which already has a foundation, walls and a roof. If the company’s request is denied, dozens of construction workers at the job site will suffer, the company said in its filing.
“Millions of dollars in investment will be stopped,” wrote Target’s lawyer, Richard Schulman. “And any delays will postpone, or worse, the hiring of a couple hundred people and millions of dollars in sales tax revenue for the city.”
The legal skirmish comes less than a year after the city was dealt a legal defeat on another Hollywood planning matter. In December, a judge struck down the city’s new Hollywood Community Plan, which sought to allow taller buildings near transit routes. Officials are now attempting to comply with that judge’s order.
Silverstein said La Mirada wants Target to tear down its project and build a store that stays within the 35-foot height limit required by the city’s Vermont/Western Station Neighborhood Area Plan, a package of zoning rules for part of Hollywood.
Target, said Silverstein, proceeded at its own risk after receiving ample warnings about a legal challenge.
“Nobody that I represent ever opposed a Target store,” Silverstein said. “What they opposed was blowing the lid off the height and the parking and the other structural requirements that are supposed to … guide development for the future of Hollywood.”
Target said it has already asked city officials to rewrite portions of the Vermont/Western zoning plan that were at issue in the judge’s decision. Once that law is amended, the ruling against Target will be “moot,” Target’s attorney said in a court filing.
The City Council first approved the Target shopping center in 2010, drawing a lawsuit from critics who said the project lacked an environmental impact report. Weeks later, Target withdrew its application and agreed to prepare a more extensive environmental review.
The project was approved again in 2012. La Mirada and a second group, Citizens Coalition Los Angeles, responded with new lawsuits objecting to the council’s decision to spare Target from having to comply with rules dealing with building height, parking spaces, window size and other design concepts.