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A proposal to build a new Jack in the Box restaurant on the corner of Upas and 30th Avenue in North Park is moving forward in the permitting process. Yesterday, the City's Development Services Department released the draft negative declaration for the project, basically the last step before heading to the Planning Commission.

The proposal consists of tearing down the existing restaurant, built in 1961, and building an even bigger one with less parking while eliminating a sidewalk.

For nearly two years residents living near the restaurant have voiced concerns about the proposal. The issues, which I wrote about those issues in a February 1 article, include noise, traffic, and litter. But the biggest complaint from neighbors is that current zoning for that area prohibits drive-through operations.

On the other hand, company representatives feel the project will enhance the area. “The proposed design will significantly improve the area," said spokesperson Brian Luscombe in a statement last February. "There will be more landscape, and [it] will be more pedestrian friendly. Our options are, continuing to operate the restaurant in its current condition for many more years or enhance the entire property with a new restaurant.”

The City seems to agree, giving their support for the project as long as noise from the drive-through is mitigated. And although the project has received the green light from the City, residents say they will not give up the fight.

"The company pretty much has dug its heels in and refuses to budge," says one nearby resident. "The next step is the planning commission and that's where we will come out and fight even harder against this project."

Go here to view the negative declaration

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Founder May 19, 2012 @ 5:29 p.m.

Just another example of how easy it is for businesses to get what ever they want even if it is illegal and against the planning code...

Residents are powerless against these City enabled Neighborhood Changers:

Drive through not allowed --> No Problem

Not enough Parking --> No Problem

Not enough space --> No Problem

Against Neighborhood Zoning --> No Problem

Open too Late --> No Problem

Lack of Security --> No Problem


dwbat May 19, 2012 @ 6:20 p.m.

Perhaps because JITB is a San Diego-based company, it gets more favorable treatment than McDonald's, Burger King or Wendy's? Its founder, Robert O. Peterson, was also a longtime local philanthropist. Just wondering.


Founder May 20, 2012 @ 8:28 a.m.

Being known to give money away can't hurt these days, especially when so many have their hand out, both in Government and in the private sector!


northparkrick May 22, 2012 @ 12:26 a.m.

Anybody that seriously looks at the proposed plans for this project will start listing problems immediately, and just keep listing them. Hey Mr. Luscombe, of course "company representatives feel the project will enhance the area" --none of them live near this location, and it's doubtful whether any of them have ever even driven by. Throughout the past two years, the very few meetings anybody associated with Jack in the Box have had with neighbors have only resulted in the Jack crew digging in their heels and not making even ONE concession to the concerns or complaints of the neighbors. The very minimal changes made to their plans have been ones the City has required them to do (and so far, that's not many). A silent order confirmation board??? Puh-leeeze!!!

Nobody is suggesting that a pretty new, albeit 'typical stucco box' with some added ornamentation wouldn't be better than the dismal premises that sits there now, but the City has actually done some smart things since the early '60's when Jack opened his box at this location. They're called Municipal Code, Land Use Plan, Community Plan, and Zoning regulations. Check them out, they make a lot of sense for a community where commercial areas abut single family homes, and they were enacted to protect those residents who live in those homes.

And by the way, we now know you only have 7 more years on your lease, with the option of 4 - five year renewals, so your veiled threats that if you don't get your way, we'll have to look at your nasty existing building for "many more years" is just another manipulative effort to make the neighbors cave...Your current facility is so out of date that it's unlikely that you will even remain for those seven years and operate with such limited conditions. You simply could not meet a twenty-first century demand with a twentieth century technology.

You are welcome to build anything you want on that lot. There is nobody in North Park that wouldn't love to see a new facility there. But you have to play by the rules like the rest of us. Throwing lots of money at the powers that be may get you some special favors, but there is a huge groundswell of residents, both nearby and throughout the community that know the laws that exist, and are demanding they be enforced.

By tearing down the existing building, you go back to square one, just like you never had been there at all. What you are proposing is simply not allowed at that location under existing laws. You have given the residents no concessions or compromises to their concerns or requests. Now we are insisting you follow the rules. Period.

They are laws, not suggestions. And the City needs to stand by the laws they have enacted, regardless of how much money you have given to good causes.


Founder May 22, 2012 @ 8:47 a.m.

Great fact filled post!

RE: "Playing by the rules," Remember this is The City of San Diego where our Leaders NEVER met a business or a Union they did not like, support and gladly take donations from!

That is the RULE in San Diego...


northparkrick May 22, 2012 @ 10:36 a.m.

The flow of the drive-thru traffic in Jack's new plans creates a dangerous situation; all cars exit mid block from an alley onto busy Upas St. The City will be liable for the pedestrian and vehicular accidents that will surely occur, especially if they are aware of this, which they will be because of the efforts of the opponents.

That's just one of the multitude of problems with this plan. The City's mitigating measures for all of the problems and deficiencies of this plan are a joke, and they can't logically defend them.

A lot of people know the facts and the truth of this whole ill-conceived project, and will not take a green light for it without a fight---or whatever it takes to make sure the "rules" are followed.


Founder May 23, 2012 @ 6:27 p.m.

What are residents supposed to do beside bend over and accept the domination of local new Business that are being enabled by the City Council and the $trong Mayor?

I hope that this is discussed by the Mayoral Candidates because I would be interested in voting for the one that promises to protect our Quality of Life (QOF) instead of helping San Diego become the Business Capital of California and I be many other voters feel the same way!


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