By Doug Porter
Residents in North Park have called for a rally this afternoon at 5pm to protest the continuing denigration of their neighborhood by Gag-in-the-Bag, aka Jack in the Box, at 30th & Upas Streets.
After the company violated the terms of a construction permit for renovation of its fast food restaurant at the location, the Mayor’s office intervened and called upon the City Attorney to issue a stop work order.
From a letter to the group by City chief of staff Lee Burdick:
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. 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.
I have explained to representatives of Jack in the Box that the community concerns continue and invited them to a meeting with community representatives to see if we could not achieve some sort of informal resolution. They have declined.
… as frustrating as I find this, there is simply nothing else the Mayor’s Office can do at this point. I know the community will be disappointed by this news, and I wish I could change it.
For more information visit the Do The Right Thing Jack Facebook page.
Doug Porter
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This is a story that plays out all too often. Think Walmart construction at the Farmer’s Market in Sherman Heights. Think the latest SunRoad determination that the promised public park area must be sacrificed to required easements. Even when permits are violated, it is accepted fact that it is too late to stuff the genie back in the bottle.
This is not how it’s supposed to work. And now we have a mayor, elected a mayor, who recognizes that…
“Think Walmart construction at the Farmer’s Market in Sherman Heights. Think the latest SunRoad. . .”
I think city corruption in the form of business-first, community-last, double-standard city officials (CAO protecting the SD Develop office’s screw up in favor of special interests (pretty routine), but not the mayor’s screw up!)
SICK OF THIS CONTINUED DISEASED CONDITION CREATED BY THE 2% AND THEIR FRIENDS ON THE TAXPAYERS’ PAYROLL!
Where was Todd the Inglorious during all this? Will he be working the crowd today at 5 p.m.?
Todd wasn’t able to make it ‘due to another commitment’
I guess he figured there wouldn’t be a photo op there……
Actually Todd DID something today. See tomorrow’s Starting Line column
Perhaps the City Attorney was incorrect. It wouldn’t be the first time.
Sunroad all over again. If that’s the best Goldsmith can do – he’s not a very good attorney. Compliance is Jack’s responsibility – enforcement belongs to the City.
Local TV news story: KUSI
So the work being “…too far along in the construction…” is rational for allowing something that is not in compliance to continue. Does that make sense to anyone?
JEC,
yeah, right?! If Goldsmith were my attorney, I’d fire him. I didn’t realize the CA could pick and choose his cases depending on whether or not he thought we might lose. What about upholding the law?
pjt,
it makes about as much sense as Lee Burdick, the Mayor’s Chief of staff making the statement “There is simply nothing else the Mayor’s office can do”.
or “The best we can do is make sure it never happens again”.
Two examples of blatant lies and pure B.S.
Go to: https://www.facebook.com/DoTheRIghtThingJack for up to date information on what the community is doing to fight this travesty of justice.
Tis morning I drove by the Jack at 30th and Upoas, and they are on a roll now…putting up walls as fast as they can. While the cat’s away…and it wouldn’t help had Filner resigned because you know Mr. Gloria wouldn’t make an effort to stop it. The way of the world.
That would be “This” morning, not “Tis morning”, altho ’twas still morning when I drove by the new Jack.
Okay and it is Upas. I blame it on the iPad.