Anchor ads are not supported on this page.

4S Ranch Allied Gardens Alpine Baja Balboa Park Bankers Hill Barrio Logan Bay Ho Bay Park Black Mountain Ranch Blossom Valley Bonita Bonsall Borrego Springs Boulevard Campo Cardiff-by-the-Sea Carlsbad Carmel Mountain Carmel Valley Chollas View Chula Vista City College City Heights Clairemont College Area Coronado CSU San Marcos Cuyamaca College Del Cerro Del Mar Descanso Downtown San Diego Eastlake East Village El Cajon Emerald Hills Encanto Encinitas Escondido Fallbrook Fletcher Hills Golden Hill Grant Hill Grantville Grossmont College Guatay Harbor Island Hillcrest Imperial Beach Imperial Valley Jacumba Jamacha-Lomita Jamul Julian Kearny Mesa Kensington La Jolla Lakeside La Mesa Lemon Grove Leucadia Liberty Station Lincoln Acres Lincoln Park Linda Vista Little Italy Logan Heights Mesa College Midway District MiraCosta College Miramar Miramar College Mira Mesa Mission Beach Mission Hills Mission Valley Mountain View Mount Hope Mount Laguna National City Nestor Normal Heights North Park Oak Park Ocean Beach Oceanside Old Town Otay Mesa Pacific Beach Pala Palomar College Palomar Mountain Paradise Hills Pauma Valley Pine Valley Point Loma Point Loma Nazarene Potrero Poway Rainbow Ramona Rancho Bernardo Rancho Penasquitos Rancho San Diego Rancho Santa Fe Rolando San Carlos San Marcos San Onofre Santa Ysabel Santee San Ysidro Scripps Ranch SDSU Serra Mesa Shelltown Shelter Island Sherman Heights Skyline Solana Beach Sorrento Valley Southcrest South Park Southwestern College Spring Valley Stockton Talmadge Temecula Tierrasanta Tijuana UCSD University City University Heights USD Valencia Park Valley Center Vista Warner Springs

In cross-appeal, Save Our Heritage Organisation rehashes fight over plan to remove traffic from Balboa Park's Plaza de Panama

Group fights appeal from the Plaza de Panama Committee with an appeal of its own

As historic preservation group Save Our Heritage Organisation has learned, the bypass bridge is a tough proposal to kill.

But the group hopes to end it once and for all with a June 3 cross-appeal filed in San Diego County Superior Court.

The appeal is in response to a previous appeal filed by the Plaza de Panama Committee which seeks to overturn Judge Timothy Taylor's ruling against their proposal to remove traffic from the plaza by bypassing the Cabrillo Bridge.

By filing the cross-appeal, SOHO hopes to force the committee to defend what they say are other legal snares, such as charging for parking at the proposed parking garage and possible CEQA violations.

"SOHO, acting in the public interest on behalf of tens of thousands of supporters, won on a primary legal issue in the case that will prevent construction of the proposed bypass bridge. Under the leadership of Mayor Filner, an alternate plan will now remove parking from the Plaza de Panama without harming the integrity of the Balboa Park National Historic Landmark District," reads a statement from SOHO Director Bruce Coons.

"However, since the Plaza de Panama Committee has now filed an appeal, SOHO has cross-appealed on the issues on which it did not prevail in court or which the trial judge did not need to reach after ruling in favor of SOHO, including interpretation of laws preventing a paid parking garage in the 'free and public park,' adherence to the City's general and specific plans, and compliance with the California Environmental Quality Act."

Not only have they had to fight the Jacobs-backed project committee but they have had to deal with a council that has been very supportive of the plan.

In early April, City Attorney Jan Goldsmith released a memo stating that the project could be raised from the dead if a new applicant were to come forward.

"The City Council may adopt an ordinance that exempts the Project from some of the SDP findings in the San Diego Municipal Code, makes the remaining required findings, and approves a new SDP for the Project. These approvals would likely not be subject to veto. The standard City process for development project approval should be followed, including required noticing, and a Planning Commission recommendation because the Findings Exemption is considered a zoning ordinance amendment. This Office is available to assist with the processing, assuming there is an applicant who desires to bring the Project forward again.

The opinion was good news for Council President Todd Gloria, a supporter of the Irwin Jacobs-backed proposal.

"If an applicant comes forward to advocate for the project, I would docket the request for the City Council’s consideration at a future public hearing," was the statement from Gloria's office. "While it is helpful to understand there is a course to pursue, it is unfortunately apparent that the improvements could not be complete in time for the 2015 Centennial Celebration because of the likelihood of additional litigation and the project’s complexity and construction timeline."

The appeal and newly filed cross-appeal means the fight over the bypass bridge is far from over.

Here's something you might be interested in.
Submit a free classified
or view all

Previous article

San Diego Dems get cash from RCS Harmony Partners

Donors want to raise taxes to get others to join in altruism

As historic preservation group Save Our Heritage Organisation has learned, the bypass bridge is a tough proposal to kill.

But the group hopes to end it once and for all with a June 3 cross-appeal filed in San Diego County Superior Court.

The appeal is in response to a previous appeal filed by the Plaza de Panama Committee which seeks to overturn Judge Timothy Taylor's ruling against their proposal to remove traffic from the plaza by bypassing the Cabrillo Bridge.

By filing the cross-appeal, SOHO hopes to force the committee to defend what they say are other legal snares, such as charging for parking at the proposed parking garage and possible CEQA violations.

"SOHO, acting in the public interest on behalf of tens of thousands of supporters, won on a primary legal issue in the case that will prevent construction of the proposed bypass bridge. Under the leadership of Mayor Filner, an alternate plan will now remove parking from the Plaza de Panama without harming the integrity of the Balboa Park National Historic Landmark District," reads a statement from SOHO Director Bruce Coons.

"However, since the Plaza de Panama Committee has now filed an appeal, SOHO has cross-appealed on the issues on which it did not prevail in court or which the trial judge did not need to reach after ruling in favor of SOHO, including interpretation of laws preventing a paid parking garage in the 'free and public park,' adherence to the City's general and specific plans, and compliance with the California Environmental Quality Act."

Not only have they had to fight the Jacobs-backed project committee but they have had to deal with a council that has been very supportive of the plan.

In early April, City Attorney Jan Goldsmith released a memo stating that the project could be raised from the dead if a new applicant were to come forward.

"The City Council may adopt an ordinance that exempts the Project from some of the SDP findings in the San Diego Municipal Code, makes the remaining required findings, and approves a new SDP for the Project. These approvals would likely not be subject to veto. The standard City process for development project approval should be followed, including required noticing, and a Planning Commission recommendation because the Findings Exemption is considered a zoning ordinance amendment. This Office is available to assist with the processing, assuming there is an applicant who desires to bring the Project forward again.

The opinion was good news for Council President Todd Gloria, a supporter of the Irwin Jacobs-backed proposal.

"If an applicant comes forward to advocate for the project, I would docket the request for the City Council’s consideration at a future public hearing," was the statement from Gloria's office. "While it is helpful to understand there is a course to pursue, it is unfortunately apparent that the improvements could not be complete in time for the 2015 Centennial Celebration because of the likelihood of additional litigation and the project’s complexity and construction timeline."

The appeal and newly filed cross-appeal means the fight over the bypass bridge is far from over.

Sponsored
Here's something you might be interested in.
Submit a free classified
or view all
Ask a Hipster — Advice you didn't know you needed Big Screen — Movie commentary Blurt — Music's inside track Booze News — San Diego spirits Classical Music — Immortal beauty Classifieds — Free and easy Cover Stories — Front-page features Drinks All Around — Bartenders' drink recipes Excerpts — Literary and spiritual excerpts Feast! — Food & drink reviews Feature Stories — Local news & stories Fishing Report — What’s getting hooked from ship and shore From the Archives — Spotlight on the past Golden Dreams — Talk of the town The Gonzo Report — Making the musical scene, or at least reporting from it Letters — Our inbox Movies@Home — Local movie buffs share favorites Movie Reviews — Our critics' picks and pans Musician Interviews — Up close with local artists Neighborhood News from Stringers — Hyperlocal news News Ticker — News & politics Obermeyer — San Diego politics illustrated Outdoors — Weekly changes in flora and fauna Overheard in San Diego — Eavesdropping illustrated Poetry — The old and the new Reader Travel — Travel section built by travelers Reading — The hunt for intellectuals Roam-O-Rama — SoCal's best hiking/biking trails San Diego Beer — Inside San Diego suds SD on the QT — Almost factual news Sheep and Goats — Places of worship Special Issues — The best of Street Style — San Diego streets have style Surf Diego — Real stories from those braving the waves Theater — On stage in San Diego this week Tin Fork — Silver spoon alternative Under the Radar — Matt Potter's undercover work Unforgettable — Long-ago San Diego Unreal Estate — San Diego's priciest pads Your Week — Daily event picks
4S Ranch Allied Gardens Alpine Baja Balboa Park Bankers Hill Barrio Logan Bay Ho Bay Park Black Mountain Ranch Blossom Valley Bonita Bonsall Borrego Springs Boulevard Campo Cardiff-by-the-Sea Carlsbad Carmel Mountain Carmel Valley Chollas View Chula Vista City College City Heights Clairemont College Area Coronado CSU San Marcos Cuyamaca College Del Cerro Del Mar Descanso Downtown San Diego Eastlake East Village El Cajon Emerald Hills Encanto Encinitas Escondido Fallbrook Fletcher Hills Golden Hill Grant Hill Grantville Grossmont College Guatay Harbor Island Hillcrest Imperial Beach Imperial Valley Jacumba Jamacha-Lomita Jamul Julian Kearny Mesa Kensington La Jolla Lakeside La Mesa Lemon Grove Leucadia Liberty Station Lincoln Acres Lincoln Park Linda Vista Little Italy Logan Heights Mesa College Midway District MiraCosta College Miramar Miramar College Mira Mesa Mission Beach Mission Hills Mission Valley Mountain View Mount Hope Mount Laguna National City Nestor Normal Heights North Park Oak Park Ocean Beach Oceanside Old Town Otay Mesa Pacific Beach Pala Palomar College Palomar Mountain Paradise Hills Pauma Valley Pine Valley Point Loma Point Loma Nazarene Potrero Poway Rainbow Ramona Rancho Bernardo Rancho Penasquitos Rancho San Diego Rancho Santa Fe Rolando San Carlos San Marcos San Onofre Santa Ysabel Santee San Ysidro Scripps Ranch SDSU Serra Mesa Shelltown Shelter Island Sherman Heights Skyline Solana Beach Sorrento Valley Southcrest South Park Southwestern College Spring Valley Stockton Talmadge Temecula Tierrasanta Tijuana UCSD University City University Heights USD Valencia Park Valley Center Vista Warner Springs
Close

Anchor ads are not supported on this page.