HomeMy WebLinkAbout11/12/2019 Item 10, Naficy
Wilbanks, Megan
From:Babak Naficy <
To:E-mail Council Website
Subject:Palm/Nipomo Parking Structure and SLOREP Theater, item 10 on
10/12/19 Agenda
Mayor Harmon and City Council:
The Staff's analysis of the feasibility of preserving and/or relocating the Heyd adobe on the site
is inadequate. The Staff Report claims
The preservation of the Heyd Adobe in situ or on site makes the
proposed parking structure and SLO Rep Theatre as currently designed
totally infeasible. Changing the design to accommodate the Heyd Adobe
in situ or onsite would likely delay the project for a year and the City and
SLO Rep would incur substantial redesign costs.
However, the mere fact that redesign of the project to preserve the adobe would cause delay
or add expense, in itself, does not support a finding of infeasibility. To support such a finding,
the Council must be able to show that the delay and/or added expense would be of such
magnitude as to make the project IMPOSSIBLE. There is no evidence supporting such a finding.
The feasibility of an alternative or mitigation must be evaluated within the context of the
proposed project. “The fact that an alternative \[or mitigation measure\] may be more expensive
or less profitable is not sufficient to show that the alternative is financially infeasible. What is
required is evidence that the additional costs or lost profitability are sufficiently severe as to
render it impractical to proceed with the project." Uphold Our Heritage v. Town of Woodside
(2007) 147 Cal. App. 4th 587, 599.
Removal of the adobe will irreparably damage the historic sense of this part of San Luis Obispo
and to me and many other residents of this great City, preserving the City’s historic resources is
just as important as providing more bicycle infrastructure or maintaining a green belt.
Best regards
Babak Naficy
--
Babak Naficy
Law Offices of Babak Naficy
1540 Marsh Street, Suite 110
1
San Luis Obispo, Ca 93401
babaknaficy@sbcglobal.net
www.naficylaw.com
805-593-0926 phone
805-593-0946 fax
________________________________________
This e-mail, and any attachments hereto, are intended only for use by the
addressee(s) named herein and may contain legally privileged and/or
confidential information. If you are not the intended recipient of this e-
mail, you are hereby notified that any dissemination, distribution or copying
of this e-mail, or any attachment hereto, is strictly prohibited. If you
have received this e-mail in error, please immediately notify the sender by
reply e-mail and permanently delete the original and any copy of this e-mail
and any printout hereof.
2