SAN DIEGO, CA — A lawsuit has been filed against the City of San Diego and developer D.R. Horton over approval of a roughly 120-home project in Emerald Hills, with opponents arguing wildfire evacuation planning was not fully considered before the project cleared city review.
The case was filed by Kenny Key, a nearby resident, with attorney Paul Suppa after the San Diego City Council denied an appeal last month that sought to stop the development known as the Radio Towers project. The legal challenge is focused on whether the city properly evaluated emergency access and evacuation before giving its approval.
What The Lawsuit Says
Suppa said he is representing Key pro bono and wants a court to review the materials that were in front of the City Council when it approved the project. He said the question is whether emergency vehicles could reach the area while residents evacuate safely if a wildfire threatens the neighborhood.
The project sits in a part of Encanto that appears on San Diego fire hazard severity maps as a Very High Fire Hazard Severity Zone. Residents at Saturday’s rally also said they are worried about traffic the project could add near Interstate 94, where the nearby freeway entrance already backs up during the morning commute.
Fire Zone And Footnote 7
Opponents say the project was helped by San Diego’s former Footnote 7 zoning rule, which allowed some properties in neighborhoods including Encanto to be split into lots as small as 5,000 square feet instead of the 20,000-square-foot minimum that would otherwise apply.
The City Council repealed Footnote 7 in 2025, but projects that had advanced far enough in the approval process before the change can continue under the earlier rules. That is why the Emerald Hills development is still moving forward even after the zoning change, according to the community members speaking against it.
What Happens Next
The lawsuit seeks documents showing the city adequately weighed wildfire evacuation and emergency response issues before approving the development. The City of San Diego is expected to be served Monday, and NBC 7 said it reached out to the city and Councilmember Henry Foster III, who represents Encanto, but had not heard back before publication.
For now, the housing project is proceeding while the court challenge plays out. Residents say the dispute is about more than one development and are asking the city to answer how the area would be cleared in an emergency, who can get in and out during a fire, and whether the neighborhood is ready for more homes under the rules already in place.
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