Glendale Retail Project Clears a Legal Hurdle

A Superior Court judge has upheld Glendale’s approval of a 15 1/2 -acre town center commercial development, ruling that the environmental impact report supporting the project meets the requirements of the California Environmental Quality Act.

The ruling by Judge Robert H. O’Brien in favor of developer Caruso Affiliated was filed Tuesday in response to a petition by General Growth Properties, owners of the existing Glendale Galleria mall, which could face stiff competition from the new development.

“The entire lawsuit was just another failed attempt by General Growth Properties to stop competition,” Rick Caruso, founder of Caruso Affiliated, said Thursday.

Spokesmen for General Growth Properties could not be reached for comment Thursday night.

General Growth Properties had argued in its petition that the environmental impact report failed to properly weigh parking issues required under state law.

“The parking analysis is adequate,” O’Brien said in his response.

“An environmental impact report does not have to be perfect or exhaustive,” the judge said. “The California Environmental Quality Act requires only a good-faith effort to make full disclosure.”

O’Brien said his decision “does not necessarily reflect the court’s agreement or disagreement with the city’s policy decision to approve the project.”

Construction of Caruso’s Americana at Brand project was endorsed by city officials and narrowly approved by voters in September.

Supporters say the $264-million development would add fashionable boutiques, restaurants and upscale apartments, boosting sales tax revenue for the city.

They say the development would restore some of the vibrancy the downtown area has lost over the years.

Opponents say the project is too big for the area and will crowd out smaller businesses.