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

Lawsuit filed against City of San Diego for allowing fast-food chain Jack in the Box to remodel North Park restaurant

Lawsuit comes after years of objections from local residents.

Jack may soon be in the witness box.

Today, August 12, a group of North Park residents filed a lawsuit against the City of San Diego for allowing the fast-food chain to demolish and build a new restaurant. The residents are demanding that construction stop until the company can come into compliance with the City's municipal code.

Residents living near the intersection of Upas and 30th Street have had their fair share of issues with the restaurant. Late night deliveries, noisy patrons in the drive-through, and litter have caused a rift in the neighborhood dating back for over a decade. That rift grew when neighbors learned of the chain's proposal to tear down the aging restaurant, built in 1961, and build a larger, newer store.

Noise and litter aren't the only objections from neighbors. Also at issue is the fact that current zoning laws prohibit drive-through restaurants from operating in that location. The restaurant, however, was built before the zoning designation changed in 2000. For that reason, the restaurant was allowed to stay but with limitations. The chain's decision to demolish exterior walls and build anew essentially wipes out the clause allowing the chain to operate at that location.

For years residents were told that the restaurant wouldn't expand. In an email included in the lawsuit, Jack In the Box construction manager Mike Hogenboom assured that no outside demolition would take place.

"In a letter dated May 31, 2013, from JIB construction manager Mike Hogenboom to North Park Planning Committee chair Vicki Granowitz, Mr. Hogenboom stated: 'We are not demolishing any of the exterior walls.'”

Despite their assurances, the chain has continued to move forward on the project. The neighbors have received little help from the City of San Diego.

"The more we look into the processing of this application, the more frustrating it is for us and, I am sure, for you and your neighbors," reads an August 1 letter from Mayor Bob Filner's Chief of Staff, Lee Burdick.

"The Mayor directed the issuance of a stop-­‐work order on this project precisely because the City Attorney had opined that the process used to issue the permits was inconsistent with the City’s Land Development Code (“LDC”). However, under the LDC, a stop-­‐work order must be approved by the City Attorney’s Office (“CAO”) before it can issue. After the Development Service Department forwarded the Mayor’s request for a stop-­‐work order to the CAO for review and approval, the City Attorney advised that Jack-­‐in-­‐the-­‐box was too far along in the construction, the company would likely sue the City if we stopped the development, and they very well might win. Consequently, the stop-­‐work order was not issued and, as you noted, the construction has moved on.

Executives at Jack in the Box have even hired lobbying firm Sheppard Mullin Richter and Hampton to grease any squeaky wheels at City Hall.

Now, with the project already in full swing, a lawsuit appears to be the only option left for nearby residents.

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

Previous article

SDSU pres gets highest pay raise in state over last 15 years

Union-Tribune still stiffing downtown San Diego landlord?
Next Article

Flowering pear trees in Kensington not that nice

Empty dirt plots in front of Ken Cinema

Jack may soon be in the witness box.

Today, August 12, a group of North Park residents filed a lawsuit against the City of San Diego for allowing the fast-food chain to demolish and build a new restaurant. The residents are demanding that construction stop until the company can come into compliance with the City's municipal code.

Residents living near the intersection of Upas and 30th Street have had their fair share of issues with the restaurant. Late night deliveries, noisy patrons in the drive-through, and litter have caused a rift in the neighborhood dating back for over a decade. That rift grew when neighbors learned of the chain's proposal to tear down the aging restaurant, built in 1961, and build a larger, newer store.

Noise and litter aren't the only objections from neighbors. Also at issue is the fact that current zoning laws prohibit drive-through restaurants from operating in that location. The restaurant, however, was built before the zoning designation changed in 2000. For that reason, the restaurant was allowed to stay but with limitations. The chain's decision to demolish exterior walls and build anew essentially wipes out the clause allowing the chain to operate at that location.

For years residents were told that the restaurant wouldn't expand. In an email included in the lawsuit, Jack In the Box construction manager Mike Hogenboom assured that no outside demolition would take place.

"In a letter dated May 31, 2013, from JIB construction manager Mike Hogenboom to North Park Planning Committee chair Vicki Granowitz, Mr. Hogenboom stated: 'We are not demolishing any of the exterior walls.'”

Despite their assurances, the chain has continued to move forward on the project. The neighbors have received little help from the City of San Diego.

"The more we look into the processing of this application, the more frustrating it is for us and, I am sure, for you and your neighbors," reads an August 1 letter from Mayor Bob Filner's Chief of Staff, Lee Burdick.

"The Mayor directed the issuance of a stop-­‐work order on this project precisely because the City Attorney had opined that the process used to issue the permits was inconsistent with the City’s Land Development Code (“LDC”). However, under the LDC, a stop-­‐work order must be approved by the City Attorney’s Office (“CAO”) before it can issue. After the Development Service Department forwarded the Mayor’s request for a stop-­‐work order to the CAO for review and approval, the City Attorney advised that Jack-­‐in-­‐the-­‐box was too far along in the construction, the company would likely sue the City if we stopped the development, and they very well might win. Consequently, the stop-­‐work order was not issued and, as you noted, the construction has moved on.

Executives at Jack in the Box have even hired lobbying firm Sheppard Mullin Richter and Hampton to grease any squeaky wheels at City Hall.

Now, with the project already in full swing, a lawsuit appears to be the only option left for nearby residents.

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.