By Robert Campbell / Special to the OB Rag
In a 6-3 vote that has left all Encanto community members and advocates stunned and deeply dismayed, the San Diego City Council approved the controversial Klauber Project last night, July 15, ignoring a mountain of critical legal case law and policy violations laid out in detail by land use attorney Craig Sherman. The site is located at 1362 Klauber Avenue.
The vote bypassed not only dozens of inconsistencies with state and local law, it also faced overwhelming opposition from residents of the Chollas Valley including the Encanto and Emerald Hills neighborhoods — historically underserved, low-resource, and environmentally burdened communities. Not a single person spoke in favor of the development, with over 60 minutes of public testimony against the project and an additional 30 written statements submitted against approval. The developer declined to make any presentation or statement.
Despite urgent pleas from all community members and advocates in attendance, including myself as the Chair of the Chollas Valley Community Planning Group, along with a comprehensive legal memo from attorney Craig Sherman exposing the project’s many legal violations, the council moved forward with a decision that reflects a troubling pattern: the prioritization of development over equity, environmental justice, and community voice.
A health analogy that I tried to use to hit home
In what I hoped would be a poignant presentation, I opened with an analogy that laid bare the dangerous omissions in the city’s staff report on the project.
“Imagine your doctor telling you you’re in great health, even though your blood pressure is 190 over 140 and your angiogram reveals severe blockages,” I said. “Now imagine that the city is that doctor, and the Klauber Project is the patient. The truth is being concealed.”
Just like a doctor who cherry-picks test results to paint an overly rosy picture, the city staff’s presentation to the City Council excluded critical facts that should have rendered the Klauber Project ineligible for approval. It failed to acknowledge major inconsistencies with zoning laws, environmental protections, the community plan and the general plan, all of which were outlined in Sherman’s detailed 29 page letter.
Legal red flags ignored
Sherman’s letter, commissioned by the Chollas Valley Community Planning Group, laid out damning findings:
- The project does not qualify for CEQA exemption under Section 15183 due to its inconsistency with existing zoning and community plans.
- The developer has no vested rights to project approval, as there is no valid development agreement or vesting tentative map.
- The project conflicts with 22 elements of the San Diego General Plan and 27 elements of the Encanto Neighborhood Community Plan.
- The site is designated as future parkland, and the development undermines environmental justice policies by grading sensitive slopes and eliminating open space.
- Footnote 7, used to justify the project’s lot sizes, is a deeply problematic policy with roots in segregation and racial inequity. Its application in this case is neither legally required nor just. I am confident it will be found illegal in a court of law.
Despite these clear violations and the absence of a legal foundation for project approval, city officials pressed forward.
Disregard for community and process
The Chollas Valley Community Planning Group, composed of volunteers like me with intimate knowledge of our neighborhood’s needs, spent months reviewing the project. Our objections and concerns were left out of the city’s presentation, replaced only with a final vote tally, 0-8 for approval, stripping the record of the thoughtful, evidence-based discussion that took place at our meetings.
We were treated like a cardiologist whose expert opinion was dismissed. The Planning Group’s role is not symbolic; it’s rooted in policy, law, and lived experience. But yesterday, our work and our voices were discounted and ignored.
The homes proposed in the Klauber Project turn their backs, quite literally and figuratively, on the surrounding neighborhood, defying urban design standards intended to foster community and connectivity. We fear the inward-facing, car-centric design will further isolate the area and degrade quality of life.
Environmental Justice disregarded
The Chollas Valley Community, including Encanto, ranks among the top five most environmentally burdened planning areas in the city. According to data from the CalEnviroScreen tool and the city’s own General Plan, 100% of the Klauber Project lies within an Environmental Justice (EJ) zone. The project site also contains steep hillsides that the Community Plan and General Plan explicitly aim to preserve.
Yet the project proposes removing over 16,000 cubic yards of earth to a depth of 30 feet, with massive implications for air quality, stormwater management, and the area’s natural character. It will replace the hill with retaining walls and asphalt, creating 2.6 acres of new impermeable surface in the same neighborhood that suffered sever flooding last year. Removal of all mature trees that are up to 100 years old. All of this, again, ignored in the city’s recommendation to approve.
A call for caution ignored
The final slides of Sherman’s letter serve as a damning reminder of what was at stake:
“The City may not lawfully approve the Klauber Project unless and until these inconsistencies are resolved through a formal Community Plan amendment and corresponding environmental review.”
The Council voted to approve 6-3 anyway.
Conclusion: A vote with potential long-term consequences
Approving the Klauber Project is a decision that risks the health, cohesion, and legal protections of an already vulnerable community. This vote sets a dangerous precedent for future developments across San Diego, particularly in neighborhoods without the political power or resources to fight back.
In approving the appeal, the Council has failed in its duty to uphold not just law, but trust — and have eroded any sense of trust left.
I concluded my public comment yesterday with a cautionary warning:
“In conclusion, there is overwhelming evidence that the city is on poor legal footing to approve the Klauber Project.
You have a duty today to vote against its approval. Please carefully consider the long-term impacts of this decision, as it will have significant consequences for the community.
Policies are designed to protect residents’ health and well-being, and approving this project poses a serious risk to those safeguards. Make your decision with caution and prioritize the safety and future of our community.”
We will decide at our next planning group meeting on Monday, July 21st what our next step will be on this project. If you are interested in learning more about the Chollas Valley and our Planning Group, please visit: https://chollasvalleycommunityplanning.com
Robert Campbell is the Interim Chair of the Chollas Valley Community Planning Group
Who voted for and against?
Moreno, Elo-Rivera, Lee, vonWilpert, Campbell, and Whitburn voted for the project to proceed. Foster. Campillo, and LaCava voted against.
What we witnessed yesterday, unfortunately was consistent with the council’s prior actions and rulings—disregard for pertinent information presented by the community that conflicts with their personal goals to appease their building/real estate industry donors and further their own career advancement. We need to elect officials that actually care about the people and communities they’re supposed to serve.
I was surprised that vonWilpert voted in favor of the project. She has upheld community concerns in prior votes.
Elo-Rivera, Lee, Moreno, Campbell and Whitburn could careless what communities have to say or want. They see these projects as yielding more money for the city coffer.
They want as much land developed as possible. They fought ADU restrictions all the way and are still dragging their feet in putting some rather modest restrictions in place.
Can this injustice be reported up the larger chain to Sacramento? If the City Council doesn’t care what the residents or Planning Committee think, might they care what the larger governing body thinks of their corrupt ways? Or will Sacramento cheer this on, giving them an “atta boy?” Be proud of their power and abuse? Where do you go when no one listens?
This vote should be re-posted on every social media/ news outlet whenever Gloria, Elo-Rivera et al, jump on their social justice/communities of concern soapbox. They are absolute hypocrites with zero shame. I hope this vote haunts them all the way to their political graves.
I am so sorry that the vote did not stop the project. Don’t give up. The lawlessness of our local officials is blatant. It is encouraging to see so many communities in San Diego come together to stop the land grab and out of control building. The irony is that elected officials using our tax dollars have resources and salaries to organize, plan, and create new laws that meet their agenda. All of the volunteer organizations, 25 and counting, have to learn the new language of the city politics, (CEQA, CC, ADU, JADU,etc) and the appeal process. There is no time for the learning curve of locals to grow organically because of the push to accelerate permitting. Finally 5 of the 9 council members have to vote ‘with’ us. No wonder the residents face an uphill battle. That said, we are learning how to work together to protest and spread the word through all forms of media and meetings, and how to participate in the process the city created. I have listened to many of you speak at the hearings, and am thankful you have the courage and skills to use the ridiculous 1 minute allotment to make your points. The good news, we are visible, and gaining momentum. There is much work ahead for all of us. Don’t get discouraged, we are fighting the good fight and saving our city.
Well, how interesting Mr. Rivera voted for the project. Has he ever voted against a development? So much for his grandstanding on ‘equity’. But now that he is a property owner, he’s got his and everyone else be damned. Mr. Rivera is a fraud and should be booted out of office.
I too am surprised that von Wilpert defied the community.
Steve Whitburn is a complete idiot who just caters to his donors. He too needs to be shown the door, a charlatan with a howdy doody smile.
in 2026, we must elect candidates who believe in our community first ideology. We must vote so that we can be assured at least a 5-4 majority on issues of community concern to beat back on this continued malfeasance by our elected officials at city hall.
This is such a rebuke of Planning best practices and democratic values. That miscreant staff who abused their discretion to insert Footnote 7 into our municipal code deceptively to abet the violation of 27 elements of the Encanto Neighborhoods Community Plan and 22 elements of the City’s General Plan mocks the rule of law. It sets precedent for all manner of maneuvering to flout adopted ordinances, procedures and community engagement to the detriment of the public good. Thanks to Councilperson Campillo who voiced concern about the impact of Footnote 7 specifically. Luckily, the pertinent City Auditor’s investigation case #717778988402 is still open.
This article is an excellent description of the issues and 6-3 vote on the Klauber project. Thank you Rob Campbell for so clearly laying out the City’s intentional disregard of its adopted planning documents and policies that govern this site.