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Filner: Fast-Food Chain’s Remodeling Project Too Far Outside The Box

Mayor Bob Filner today accused Jack in the Box of violating terms of a permit to remodel a restaurant in North Park and asked the City Attorney's Office for an order to force the San Diego-based company to stop work on the project.


San Diego Mayor Bob Filner on the set of KPBS Evening Edition, February 2013.

Filner and the city's Development Services Department contend that two walls of the eatery at 2959 Upas St. were partially demolished, an action not contemplated in the approved plans.

The mayor said Jack in the Box has destroyed almost all of the existing restaurant. The company originally wanted to tear down and completely rebuild the facility but those plans were denied by the city's Planning Commission.

"It is outrageous to me that Jack in the Box has completely misled the North Park community about this project, promising in writing, for example, that no exterior walls would be destroyed when, in fact, nearly all the of the exterior walls were destroyed,'' Filner said. "My administration has laid out the facts in a memo to the City Attorney, and requested that he approve the issuance of a Stop Work Order, which will halt any further construction at the site.''

Further, Filner asked the City Attorney to decide whether Jack in the Box, which closed the Upas Street location in May for about 10 weeks, has given up its right to operate a drive-through window at the restaurant.

The restaurant existed before zoning laws in North Park were changed to prohibit drive-throughs, so it was allowed to keep one as part of the remodeling project.

However, the mayor said Jack in the Box is building "what is essentially an entirely new restaurant'' on the site, so it might have to abide by the area's current zoning ordinance.

A message left for a Jack in the Box spokesman has not been returned.

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Avatar for user 'ParkResident'

ParkResident | July 5, 2013 at 3:13 p.m. ― 3 years, 8 months ago

Really! We've been driving by this construction for months and knew that much more was being done than was allowed by the plans and permits described in the media previously. You'd think that the permit issuers would have noticed sooner. Did someone in the neighborhood have to complain to get DSD to notice?

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Avatar for user 'Peking_Duck_SD'

Peking_Duck_SD | July 5, 2013 at 4:30 p.m. ― 3 years, 8 months ago

I haven't seen the plans for this one, but most of this franchise's buildings are grotesque.

The one on university near the 163 on ramp is an example of the poor building quality.

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Avatar for user 'NorthParkResident'

NorthParkResident | July 5, 2013 at 7:11 p.m. ― 3 years, 8 months ago

Interesting definition of "remodeling"....When I drove by one morning I'm pretty sure it was stripped down to the concrete foundation with an original pole remaining in each corner.

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Avatar for user 'benz72'

benz72 | July 6, 2013 at 7:16 a.m. ― 3 years, 8 months ago

Why is this an issue? The Byzantine permitting process here is really the most grotesque aspect of this story. It is their property; they are not changing the use of it but rather upgrading/replacing their facility. If it meets safety code why would anyone care how many original walls are reutilized?

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Avatar for user 'Len'

Len | July 6, 2013 at 4:02 p.m. ― 3 years, 8 months ago

@benz72 That's why there are planning commissions and permits. What part of this do you not understand? "The company originally wanted to tear down and completely rebuild the facility but those plans were denied by the city's Planning Commission."

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Avatar for user 'benz72'

benz72 | July 7, 2013 at 8:17 a.m. ― 3 years, 8 months ago

The part where the city should be allowed to deny a reasonable request like rebuilding within code.
Here is a question for you, what difference does it make if the exterior walls are saved instead of replaced? If the newer walls are better able to serve the restaurant and their customers, why does the city meddle?

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Avatar for user 'Tangair'

Tangair | July 9, 2013 at 12:11 p.m. ― 3 years, 8 months ago

Typical Filner...weighing-in on a small non-issue to pander to his wacky-Left fellow travelers in North/South Park. Bolshevik Bob has no sense of scope and scale - imperative skills for any real manager.

Then, again, this may be the acme of his political strength and managerial intellect. Not to mention, he can now publicly excoriate Jack - a locally headquartered public corporation - and shake them down in some way...the Chicago way...the Filner way.

All this on top of his split from a younger, tragic fiancee. She doesn't know how lucky she is: Aside from serial woman abuser Juan Vargas, Filner's misogynist vile needs to be kept under lock and key...or he will see incarceration should one of his future female companions come-out with true and verifiable examples of his abuse.

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