By Jocelyn Maggard | SDUN Reporter

The continuation of the Plaza de Panama Project, designed to make Balboa Park more pedestrian-friendly before its Centennial Celebration in 2015, became less certain after a recent court ruling.

The Save Our Heritage Organisation (SOHO) filed a lawsuit in August 2011 after the City Council voted to enter into a Memorandum of Understanding (MOU) with the Plaza de Panama Committee regarding its proposed project to eliminate cars from the center of the park. Judge Judith Hayes ruled in favor of SOHO on Jan. 19.

The ruling stated that an Environmental Impact Report (EIR) should have been drafted before the City Council entered into a MOU.

Dr. Irwin Jacobs, co-founder of Qualcomm and local philanthropist, heads the Plaza de Panama Committee. He insisted on entering into a MOU in order to have some recorded support by the City Council before spending an estimated $1 million to draft the EIR that was needed to begin the project.

Though the courts ruled against the MOU, the Plaza de Panama Project is still a possibility. The ruling offers SOHO and others opposed to the project flexibility in proposing alternate options for Balboa Park because the Council is not locked into any contract or agreement.

Furthermore, because there is still time for public comment on the EIR before the final draft is presented, other alternatives have the opportunity to progress.

“With the MOU aside, the City Council can make an independent decision,” said Bruce Coons, executive director of SOHO.

SOHO opposes the Plaza de Panama Project primarily because of a bypass bridge that would be built off the Cabrillo Bridge at the West entrance of the park. Instead of driving through the interior of the park, cars would be routed to an underground parking structure behind the Spreckels Organ Pavilion.

Coons said this plan will bring more cars into the park over time and does not put enough emphasis on public transportation or off site parking with shuttles bringing visitors to the park.

Coons also said the bypass bridge would affect the park’s historic and aesthetic value, which he said he believes is what makes Balboa Park special.

Whether the City will appeal the court’s ruling has not been decided, and the City Attorney’s office could not provide comment as of deadline.

The City drafted an EIR that was publicly released on Jan. 23. A press release sent from the mayor’s office listed 13 alternatives to the project that are currently being analyzed.

“The draft EIR was exhaustive and unusually comprehensive in terms of the number of alternatives studied. The City Council will have ample analysis to evaluate to determine if they want to support the project several months from now,” said Mayoral Spokesperson Rachel Laing.

The press release stated the Plaza de Panama Project, compared to the other alternatives, has only one immitigable impact, which results from the proposed bypass bridge.

“While the bridge will not be seen from most vantage points, historical and visual impacts would occur because it is a new structure in a historic district,” the release stated.

The public has until March 9 to comment on the EIR, which can be accessed on the City’s website at clerkdoc.sannet.gov or at the Downtown Central Library.

“The future of Balboa Park must be guided by the input of San Diegans. Now is a tremendous opportunity for you to learn more about what is proposed and to weigh in on it,” District 3 Councilmember Todd Gloria wrote on his Facebook page. “I see positive and challenging aspects in the range of alternatives proposed, and I encourage you to share your thoughts.”

Once the final EIR is drafted, several planning boards will vet the study and offer their input, and then the decision will go to the City Council for final approval.

Coons said, “The overall thing to take from this is a chance to compromise.”