• News Ticker alerts

In his final hours as Mayor of San Diego, Bob Filner had some parting gifts of his own to give away. One was for residents of North Park living near the Jack in the Box on Upas and 30 Street.

On August 29, Filner signed a Stop-Use order, aimed at discontinuing the use of the drive-thru.

"I now issue this Stop Use Order and hereby order you to immediately discontinue the following use(s) currently taking place and/or about to take place in connection with, at, on, and/or in any portion of the Structure identified above: the drive-through portion of the Jack in the Box restaurant, regardless of the time of the day. The San Diego Municipal Code prohibited such use(s) after commencement. Based on the extent of the demolition, construction, removal, and/or relocation of one or more of the Structure's exterior walls in connection with the Project(s)/Permit(s) identified above, any and all previously conforming rights to engage in such use(s) have been lost."

The decision by the fast-food chain to tear down the exterior walls and build anew, drew objections from local residents living nearby. For years, through the appropriate channels, residents fought a proposal from Jack in the Box to tear down the aging 1961 restaurant and build a new, larger facility. The problem: zoning laws had changed since the restaurant was built. New zoning laws prohibited drive-throughs at that location. Jack in the Box, however, was allowed to continue using the drive-through as long as they kept the exterior of the building as it.

Residents were somewhat victorious, at least for a small amount of time. The local planning group stood by them. The City Planning Commission also rejected the proposal.

Then executives at Jack in the Box decided to take another approach. They submitted applications for renovation permits, promising not to tear down any of the exterior walls. Next thing neighbors knew, the walls were gone and Jack in the Box was moving ahead with their project.

Filner wanted to act, however, allegations of sexual harassment had already hit. That left it all on the neighbors. They hired a lawyer and filed suit against the chain. Lawyers for Jack in the Box and from the City Attorney's Office accused Filner and his staff of fabricating documents, critical of the rebuild.

Now, it seems as if Filner got the final say, at least for now.

"This Stop Use Order shall remain in effect until the San Diego Municipal Code no longer prohibits the use(s) described above. The authority to withdraw this Stop Use Order may not be exercised by any public official other than the duly elected Mayor of San Diego.

"This Stop Use Order shall be construed as broadly as possible, consistent with your legal rights, to protect the public from the illegal use(s) described above. The City of San Diego shall enforce this Stop Use Order to the fullest extent of the law. Any member of the public may also enforce this Stop Use Order in court to the extent the City of San Diego fails to enforce it. If any term or provision of this Stop Use Order is held to be unenforceable by a court of competent jurisdiction, the remainder of this Stop Use Order shall remain in full force and effect."

It looked like it would be good news for residents whose own representative, Todd Gloria was taking over as Mayor. For a time being, Gloria appeared to support the residents. On August 2, he sent a memo to then mayor Bob Filner about the end-around.

"This project is not only inconsistent with the Greater North Park Community Plan, but also fails to take advantage with a once-in-a-lifetime opportunity to implement good planning principles at a prime location."

Gloria concluded his memo urging Filner to tighten procedures in order to "ensure that our neighborhoods and businesses have clear intent of land use designations."

That good news turned bad. Two minutes after becoming interim-mayor, Gloria rescinded Filner's order. Here's his statement:

Hours before his resignation became official, Mayor Bob Filner issued a Stop Use Order to Jack in the Box for its construction project in North Park. The order was rescinded by Interim Mayor Gloria.

“Bob Filner’s last act was symbolic of his entire tenure as Mayor: it was contradictory and exposed the City of San Diego to liability,” said Interim Mayor Todd Gloria. “While Filner was Mayor, his staff approved the permit for the renovations on Jack in the Box in North Park. Before leaving office for the final time today, Filner issued a Stop Use Order to Jack in the Box for the same project that he had approved.”

http://www.sandiegoreader.com/documents/2013/aug/30/stop-use-order-north-park-jib/

  • News Ticker alerts

Comments

monaghan Aug. 30, 2013 @ 4:20 p.m.

Add this gift to the list of Good Deeds by Mayor Filner. And don't forget that he got rid of those scam diego red-light cameras too.

3

Founder Aug. 30, 2013 @ 4:42 p.m.

Many will certainly miss this Mayor because of all his efforts to protect the quality of life not only for residents in North Park but all over San Diego.

Now if we can only get another Mayor that has not already sold out to big business...

Got Mayor?

2

Hardcover Sept. 1, 2013 @ 7:39 a.m.

Yup, I got your Mayor: Bruce Coons. He was aware of this fake remodeling practice since Gloria was a teenager.

1

judio Sept. 1, 2013 @ 7:50 a.m.

Got Mayor? Yes, We can elect Bruce Coons.

1

patflannery Aug. 30, 2013 @ 5:18 p.m.

Gloria's first act was to rescind the order. So it begins.

1

Dorian Hargrove Aug. 30, 2013 @ 5:25 p.m.

Thanks, Pat. Story has been updated to include Gloria's statement.

1

Hardcover Aug. 30, 2013 @ 4:55 p.m.

Todd Gloria needs to man up and start working for his constituents, North Park being a strong part of it. His next campaign, no matter where it is, won't be unopposed like the last one. You can have all the corporate sponsors you want, but you still need votes. Meanwhile, I'm voting for Bruce Coons, who has been aware of this fake-remodeling scam ( and all the rest of the scams) for years.

4

Diogenes Aug. 30, 2013 @ 5:46 p.m.

Founder,

You called the outcome of the Crap in the Box remodel that is really a total rebuild.

Too bad Filner could not stay around to do battle. I would trade a few pinched womens' Backsides - I know, they are not mine - but the mayor fought against the developers.

As Abraham Lincoln said when confronted by prohibitionists who objected to the smoking of cigars and the drinking of whiskey by General U.S. Grant, "I wish my other generals would smoke the same brand of cigars and drink whiskey, because Grant wins battles!"

Gloria Steinem was on Thom Hartman's show on RT. I love that women but hate the two Glorias, Allred and Todd.

That makes me a bad guy, I know. Just play the sexual harassment card and presto! Build whatever.

2

HonestGovernment Aug. 30, 2013 @ 6:08 p.m.

The boy prince lusted so greatly for the throne of the King he had plotted to depose that he took the magic sword that the King left behind and stabbed himself. Fatal wound; the boy will never be king.

Thanks, Mayor Filner. You did a good job and there are good things left for you to do in this world. Good luck and be well.

5

MeReader Aug. 30, 2013 @ 8:11 p.m.

the last act by filner gets zapped. that just shows how powerless he now is. that certainly puts filner in his place. he's probably crying at home all alone. no more being mayor for him. no more security detail being paid for by the city. no more adoring crowds of deluded followers. his political career in ruins. sad but he had it coming to him.

meanwhile, there are probably lots of drivers who are probably happy and cannot wait for that drive-thru to open up at jacks....

0

strata66 Aug. 30, 2013 @ 8:24 p.m.

Me, I guess you are getting such a thrill at at Bob's misfortunes, your statement is very childish and kinda bizarre. You obviously do not see the big picture, maybe you fast-food junkies are the ones that contributed to Bobs demise. I'd love to see a pic of your belly, just for fun :)

3

KayL Aug. 30, 2013 @ 8:53 p.m.

How long will it be before Todd Gloria undoes the changes at Balboa Park? How quickly can he get the parking lot repaved? I'd be shocked if what Filner did there lasts beyond September.

2

KLoEditor Aug. 30, 2013 @ 8:58 p.m.

Just goes to show the level of vindictiveness in the Toad that he kicks at the mayor even now and blames the true mayor for doing the right thing while at the same time does exactly the wrong thing. The reign of the Terrible Toad begins. He won't care about his constituents. He won't care about the city. He obviously didn't care about the people he fired first thing. He will only care about the puny power he can wield, which is to destroy this beautiful place we call home. I say puny because in the end no matter what he does he can never be loved or admired like Bob Filner. And that's his pathology, what's really eating the Toad.

4

ILOVEClairemont Aug. 30, 2013 @ 10:34 p.m.

We in Clairemont are fighting a similar battle against money, power and connections that are trying to change zoning to put an even more disruptive junk food place about 100 feet from homes. Todd Gloria will be at the Clairemont Town Council general meeting this Thursday. Come can tell him what you think. https://docs.google.com/file/d/0B8w4KUAfw54_RGRMZHYxMFlfQUE/edit?pli=1

CareAboutClairemont.com

4

Yankeedoodle Aug. 30, 2013 @ 10:42 p.m.

Perhaps Mr. Gloria feels that the thrill (or some other reward) of the few months of his tenure as acting mayor will make up for alienating his North Park constituency. Or maybe he ran the numbers and finds he doesn't need North Park to keep his Council seat.

2

KLoEditor Aug. 31, 2013 @ 7:56 a.m.

The people of North Park know who was on their side in this Jack in the Box deal. The Toad can try and twist it all he wants to but they know who was fighting for them right until the last moments. And they know why that order was rescinded.

3

Gregory May Aug. 31, 2013 @ 5:22 p.m.

TODD GLORIA IS CORRUPT. WHY ELSE WOULD HE MAKE A 180° TURN AROUND?

1

monaghan Sept. 2, 2013 @ 8:10 a.m.

This should be the starting point of all discussions about slimy Todd Gloria's future in politics.

2

surfandsand Sept. 2, 2013 @ 8:16 a.m.

What a duplicitous lying weasel Gloria turned out to be. Can we impeach this worthless donkey now?

2

rosijoni Sept. 3, 2013 @ 8:18 p.m.

Well, Todd Gloria is not going to be a candidate for the mayoral job. Here's my thought, not that it counts for anything. Perhaps the former mayor, in his last act of revenge, issued this stop-work order just to put Mr. Gloria in the worst possible light? After all, I think Mr. Gloria was pretty vocal about the need for Filner's resignation. By not running in the mayoral primary, I think Todd Gloria has neutralized his position on this subject. Criticize him all you want, hate him, but he personally is not going to gain from this, at least not in the short term.

0

Sign in to comment

Join our
newsletter list

Enter to win $25 at Broken Yolk Cafe

Each newsletter subscription
means another chance to win!

Close