Burlington gathers signatures to stay at mall

Kenneth Ma

HUNTINGTON BEACH -- Nearly 500 signatures have been collected by

Burlington Coat Factory in its attempt to stay on as a tenant at the

soon-to-be-redeveloped Huntington Center.

The company placed a full-page advertisement in the Independent July 6

asking people to sign a petition at its Huntington Beach store and to

call members of the City Council, Planning Commission and city staff to

support Burlington’s efforts to be part of the new mall, which will be

renamed The Crossings at Huntington.

Rocky Lacross, a company district manager, said nearly 500 people from

Huntington Beach and nearby cities have already signed the petition. The

ad generated one call to the city’s Planning Department, city officials

said.

Ezralow Retail Properties LLC plans to redevelop the moribund mall

into an Italian village design that will include upscale stores,

restaurants and an 18-screen movie theater.

The $150-million project is expected to start construction at the end

of the year, after the mall’s demolition, with a grand opening planned

for the end of 2001, said Linda Sonnonstine, an Ezralow spokeswoman.

Ezralow owns most of the mall, with a small portion owned by Montgomery

Wards.

Last week, the City Council voted 6 to 0 to approve a specific plan

that sets guidelines for the future development of the mall. Mayor Dave

Garofalo abstained.

Last month, the City Council joined its redevelopment agency as an

applicant on the specific plan, a detailed zoning plan necessary for the

redevelopment of the aging mall to move forward.

The plan, as passed by the council, excludes drive-through restaurants

and automotive repair facilities, while creating parking spaces for

full-size and compact cars.

“We believe that the city staff sugar-coated” the plan, said Aviv

Tuchman, Burlington Coat Factory’s lawyer. “We believe certain portions

[of the plan] seem to eliminate Burlington.”

Tuchman said the plan may eliminate Burlington from the center’s

redevelopment because illustrations for the future mall do not

consistently include the company’s 120,000-square-foot store.

“We want the redevelopment to go through, but we do not want

Burlington’s rights to be destroyed,” he said. “The city has to realize

that Burlington will not go away.”

Jane James, an associate city planner, said the specific plan does not

exclude Burlington Coat Factory. Whether the store stays or goes is up to

Ezralow as the landlord, she said.

In May, Burlington filed a lawsuit in Orange County Superior Court

against Ezralow seeking to remain a tenant at the mall and asking for up

to $50 million in damages for breach of contract because the store is not

included in future plans for the center. The suit is pending with a

hearing scheduled for Friday.

In June, Burlington filed a lawsuit in federal court against the city

and its Redevelopment Agency, charging the city with illegally joining

the agency as an applicant for the specific plan. The city has until

Monday to officially respond.

City Administrator Ray Silver said Burlington is using the courts, the

city and politics to make a business decision. Silver added that

Burlington’s lawsuit has no merit because the city’s actions were legal.