News Summary
The Chollas Valley Community Planning Group has initiated legal action against San Diego, asserting violations of state planning laws and fair housing mandates regarding the Klauber Project. This 23-home development, approved on land previously designated as a public park, faces critique for potentially worsening environmental injustice and disregarding community opposition. The lawsuit seeks to reverse the project’s approval and enforce a comprehensive environmental review, highlighting the ongoing struggle for equitable development in marginalized neighborhoods.
San Diego – The Chollas Valley Community Planning Group has filed a lawsuit against the City of San Diego, claiming that city officials violated state planning laws and California’s fair housing mandate. The lawsuit centers around the approval of a controversial 23-home subdivision, known as the Klauber Project, on land that was originally promised to be used as a public park.
At the heart of the dispute is the city’s use of Footnote 7, a zoning loophole that allows for denser housing developments specifically in neighborhoods like Encanto and Emerald Hills, areas historically impacted by redlining. Community members have expressed concerns that the city’s decision to fast-track the Klauber Project disregarded local environmental justice rules and fair housing laws. This decision was made despite unanimous opposition from residents.
The lawsuit alleges that the City Council misapplied Footnote 7 to bypass the area’s 20,000-square-foot minimum lot standards, facilitating the subdivision of steep hillside terrain designed to create inward-facing homes. The project was approved by the City Council in a 6–3 vote in July, even though there were warnings regarding over 40 violations of the city’s General Plan, Community Plan, and local land use regulations.
Critics have described Footnote 7 as a form of targeted upzoning, emphasizing that it appears to be mainly applied in poorer, segregated areas while avoiding wealthier neighborhoods. The approval of the Klauber Project not only removes a designated public park site from the city’s General Plan and Chollas Valley Community Plan but also promotes high-density construction on environmentally sensitive land without the necessary environmental review.
In response to local protests that highlighted issues associated with Footnote 7, the city rescinded this policy within a year. However, projects like the Klauber Project, which were approved during the existence of Footnote 7, continue to move forward. The lawsuit contends that these actions violate California’s Affirmatively Furthering Fair Housing law, which requires local governments to confront segregation and improve park access in underinvested areas.
The Chollas Valley Community Planning Group is seeking court orders to reverse the project’s approval, mandate a comprehensive environmental review, and suspend future developments until the city complies with all relevant legal and planning standards. The five-acre parcel at the core of this legal battle is significant for the city’s park acquisition goals, which remain unmet.
Background Context
Footnote 7 was introduced as a mechanism intended to facilitate development in certain parts of San Diego but has faced criticism from community groups and environmental advocates. Encanto and Emerald Hills have a history of underinvestment and regulatory neglect, which has led to calls for equitable development practices that honor the needs and voices of local residents.
Legal challenges like this suit are not uncommon as residents seek to hold city officials accountable for development practices that they believe violate existing planning laws. The San Diego City Attorney’s Office has declined to comment on the matter due to the ongoing litigation, leaving questions about the city’s future approach to housing development and community planning in these historically marginalized neighborhoods.
As the lawsuit progresses, it represents a broader struggle within many cities across the United States, where communities are actively defending their rights and advocating for fair housing practices that prioritize access to public resources, such as parks and open spaces, for all residents.
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Additional Resources
- CBS 8: Encanto Residents Fight San Diego’s Housing Decisions in Court
- Wikipedia
- Mercury News: They Sued the City of San Diego Over Last Year’s Flooding
- Google Search: San Diego housing lawsuit
- San Diego Union-Tribune: DA Won’t File Charges in 7 Police Shootings
- Google Scholar: San Diego housing development
- CBS 8: San Diego to Pay $650K to Change Affordable Housing Policy
- Encyclopedia Britannica: San Diego housing
- NBC San Diego: Man Shot in Chollas View by Police Pleads Guilty
- Google News: San Diego housing lawsuits
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SAN DIEGO STAFF WRITER The SAN DIEGO STAFF WRITER represents the experienced team at HERESanDiego.com, your go-to source for actionable local news and information in San Diego, San Diego County, and beyond. Specializing in "news you can use," we cover essential topics like product reviews for personal and business needs, local business directories, politics, real estate trends, neighborhood insights, and state news affecting the area—with deep expertise drawn from years of dedicated reporting and strong community input, including local press releases and business updates. We deliver top reporting on high-value events such as Comic-Con International, San Diego County Fair, and San Diego Pride Festival. Our coverage extends to key organizations like the San Diego Regional Chamber of Commerce and United Way of San Diego County, plus leading businesses in biotechnology, healthcare, and technology that power the local economy such as Qualcomm, Illumina, and Scripps Health. As part of the broader HERE network, including HEREAnaheim.com, HEREBeverlyHills.com, HERECostaMesa.com, HERECoronado.com, HEREHollywood.com, HEREHuntingtonBeach.com, HERELongBeach.com, HERELosAngeles.com, HEREMissionViejo.com, and HERESantaAna.com, we provide comprehensive, credible insights into California's dynamic landscape.
