SEPTEMBER 15, 2015:
THE OPENING BRIEF FOR OUR APPEAL HAS BEEN FILED WITH THE COURT.
Click HERE to read the Opening Brief.
This website was created by North Park residents in an effort to safeguard our neighborhoods from construction projects permitted by the City of San Diego that disregard the Land Development Code and current zoning, and circumvent the community public input process.
City of San Diego residents are entitled by law to be heard when projects impact their neighborhoods. And they are entitled to be given accurate and timely information by the City to ensure that the public’s input is considered in the development process for projects that affect their community. We care about North Park!
Current Issue: Jack in the Box and the City of San Diego broke the law.
Jack in the Box’s drive-thru at the 30th and Upas St. location, built in 1961, was grandfathered in for the remainder of the facility’s useful life. However, under the law, substantial renovations would trigger a public review process to be heard by the City Planning Commission. In 2013 Jack’s proposed re-construction project was actively opposed by residents at multiple public meetings, opposed by both the North Park Planning Committee and North Park Main Street, and denied by the City Planning Commission. Jack in the Box went around the law and got a “maintenance, repair and alteration” permit instead, but then completely tore down the existing building and built a new facility with a drive-thru, with the approval of the City. Later, to justify its actions, the City claimed that the drive-thru was not in fact a “use”, but an aesthetic feature.
This has happened in North Park before, with the KFC at University Avenue. (See “KFC construction draws beefs” and “What Happened with the KFC?”.)
Residents said, “Enough” and formed Care About North Park, filing a lawsuit to force the City to uphold its own law: no new drive-thrus are permitted at this location! It’s pretty clear and simple. It’s about upholding the law! Read the Lawsuit HERE.
|Articles referenced in the video:
“How Jack in the Box Dodged North Park’s Zoning Laws” San Diego City Beat, Sept. 11, 2013
“KFC construction draws beefs” UT San Diego, Sept. 22, 2007
See our media page for more informative articles.
For decades, the quality of life in San Diego has been eroded because our community building codes are routinely and brazenly ignored. Developers and business interests know the drill: promise the community anything, then do whatever they please, because City Hall won’t enforce the law. City Hall knows the script – here are the lines:
|And our favorite:|
We demand that projects be handled legally by our City’s Development Services Department, and that the permitting process respects the community’s input. We residents CARE that our neighborhoods’ growth is healthy, well-planned, and legal. We Care About North Park, and we hope you will join us in fighting this injustice!
In January, a San Diego Superior Court judge upheld the city’s late-filing argument and dismissed the suit without even addressing the circumstances that led to the “late filing”. This, in addition to the judge having improperly considered information outside of the motion, gives us confidence that the judge’s ruling will be reversed on appeal and the suit will go forward to trial.
HERE IS WHY WE WILL APPEAL AND PREVAIL!
HELP US RAISE FUNDS AT GOFUNDME.COM/SUPPORTOURAPPEALRETURN TO TOP