Kenneth Key Announces Legal Challenge to San Diego City Council Approval of Radio Towers Housing Project in Emerald Hills

San Diego, CA – August 7, 2026 – Longtime Emerald Hills resident Kenneth Key today announced that he has filed a legal challenge to the San Diego City Council’s July 7, 2026, decision approving a 123-home subdivision on the former Radio Towers hilltop site. The Council voted 8-1 to deny an appeal and uphold the Planning Commission’s approval of the project proposed by D.R. Horton.

“This hilltop has long been seen by our community as a rare opportunity for open space and a public park in a part of San Diego that has historically lacked investment,” said Kenneth Key. “The City Council’s decision locks in a private housing project that relies on a repealed zoning footnote and raises serious questions about fire safety, traffic, infrastructure, and whether the required legal findings were properly made. We have asked the courts to review that decision.”

The petition for writ of mandate seeks to set aside the City Council’s approval. The case will be decided on the administrative record organized and lodged in accordance with California Rules of Court rule 3.2205 and related CEQA procedures.

Community concerns raised during the July 7 hearing and in the underlying appeal included:

• The permanent loss of a prominent hilltop with panoramic views that many residents hoped could become a public park or open-space amenity.

• Reliance on former Footnote 7 (minimum lot-size reductions later repealed by the City Council) and the application of vesting rights under state housing law.

• Fire-evacuation and emergency-access issues in a Very High Fire Hazard Severity Zone.

• Traffic, drainage, and infrastructure impacts on surrounding neighborhoods.

• Questions about consistency with the community plan, notice, and the adequacy of findings under the Housing Accountability Act / SB 330.

“I am not against housing,” Key said. “I am against a process that appears to shortchange a community that has waited decades for basic park and infrastructure equity. We are asking the courts to apply the law fairly.”

Key urged residents and media to review the City Council transcript, staff reports, and the administrative record once it is lodged. He also encouraged continued civic engagement on park equity and balanced housing policy citywide.