The Encinitas City Council will meet in a special closed session Wednesday, Sept. 2, to discuss its lawsuit against the developer of the 199-unit Clark Avenue apartment project.

The meeting agenda lists two items. The first is a conference with legal counsel on the existing case, City of Encinitas v. WNG HHF Encinitas Apartments, LP (Case No. 25CU059801N). The second is a conference on whether to initiate a separate lawsuit involving one potential case. The agenda does not name the potential defendant.

The session is set for 5 p.m. at 505 S. Vulcan Ave.

What the lawsuit is about

The city filed suit in November 2025 against WNG HHF Encinitas Apartments over the developer's plan to build 199 apartments on a roughly 6-acre site off Clark Avenue near Interstate 5. The lawsuit alleges that access roads on Clark and Union streets do not meet the 24-foot width required by fire code and lack adequate turnaround space for fire vehicles. It asks the court to declare the project violates fire code and allow the city to withhold permits until the developer revises the plans.

Encinitas Fire Chief Josh Gordon told the council in August 2025 that the project includes features such as fire-resistant walls and enhanced sprinkler systems that could allow exemptions from the road-width rule, according to inewsource.

The City Council approved the project in 2022 after the developer successfully appealed the planning commission's initial denial. Four of the five current council members took office after that approval and have criticized the earlier council's decision, arguing the project did not meet city standards.

When the lawsuit was announced in November 2025, Mayor Bruce Ehlers said the city wanted judicial clarity on the fire-code dispute. "There's a spirited debate in our community as to what the fire code requires for 199-unit apartment building served by narrow streets, and we think it is best to ask the judge to clarify the law for the benefit of the community we serve, and for the developer and for the city," Ehlers said at the time.

Community opposition to the project dates to at least 2017, when neighboring residents first received notices about it. Residents sent a demand letter in August 2025 urging the city to halt permits.

No court rulings or hearing dates in the case have been publicly reported since the lawsuit was filed.

The council is navigating the litigation with a new legal team. In December 2025, the council unanimously approved an agreement with the firm Colantuono, Highsmith & Whatley, with Ajit Thind serving as interim city attorney, according to the San Diego Union-Tribune. The council had voted in October 2025 to end its contract with former City Attorney Tarquin Preziosi's firm, citing a desire for a new direction on high-density housing issues.

How to participate

Because the session is closed, the council will not take live public comment. Residents can submit written comments by emailing [email protected] with the agenda item number in the subject line. Virtual participation registration opens within 24 hours of the meeting; the conference line is 760-334-5039, Meeting Code 1186. The session will be broadcast on Channel 19 (Cox), Channel 24 (Spectrum) and Channel 99 (AT&T U-Verse). Any reportable action must be announced in the council's post-session public report.