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Rolling Hills Building Plan Again Rejected
ROLLING HILLS ESTATES, CA (June 13, 2005) - Members of Rolling Hills Covenant
Church will have to decide soon on what action to take after the city's
planning commission rejected the church's latest construction plans.
City officials have said that the church's plans do not conform to local
development standards in what some describe as an upscale neighborhood,
even though the plans have been revised several times.
The church began planning the construction of a new worship facility 10
years ago, according to Vergil Best, pastor of development. The church
has outgrown its current facility, which seats 1,025. Six services are
held each weekend to accommodate the growing attendance. The church
already has raised $14 million and has invested $600,000 in planning,
required studies, and legal fees, Best says.
Last week, the planning commission rejected the latest proposal, which
called for a 20,000-square-foot facility that would hold up to 1,650
people, and a three-level underground garage with spaces for 500
vehicles. The church initially planned a 2,500-seat auditorium, with a
basement devoted to children's ministry. The existing building would be
converted so that it could be used for community activities, Best says.
After area residents and city officials objected, the church scaled back
its plans several times to 2,250 seats and then to 1,650 seats, says
Best. The current structure would then be converted to a multi-purpose
building with a youth emphasis for sports activities and receptions.
Children's ministries also would be located in the building. "They
wouldn't approve that either," says Best.
Officials objected to a new four-story parking garage, half of which
would be located underground. The garage would accommodate 500 cars.
Officials said the plan violated ordinances limiting the amount of the
building lot that a structure can cover. The church then proposed an
underground parking facility that would be covered with landscaping. It
still would have spaces for 500 cars "because it would have a larger
footprint," Best says. The planning commission rejected that proposal as
well because the ordinance counts even garages located underground as
lot coverage.
The commission did unanimously recommend, however, that the City Council
consider an exemption for underground lots.
The church has until August 7 to consider additional legal steps – one
year from the date the city rejected the earlier proposal with the
four-story garage. If a lawsuit were to be filed, it would likely be
filed in federal court under the Religious Land Use and
Institutionalized Persons Act (RLUIPA), Best says.
President Bill Clinton signed the act in 2000, saying at the time that
it would protect religious freedom by preventing state and local
governments from seeking "to impose or implement zoning or landmark law
in a manner that imposes a substantial burden on religious exercise."
The act also requires state and local governments to allow the
"religious exercise of persons residing or confined to certain
institutions."
"It's a very strong law that seems to be written in a way that there's
not too many ways in which a government can get around it," Best says.
Several organizations have offered to represent the church in court at
no cost, Best says. He adds that the issue would be brought before the
congregation before any decision is made.
Even if the city were to change the code, it is estimated the process
could take at least a year. One legal option would be to file an action
to satisfy requirements of the statute of limitations and then continue
pursuing a code change with the city, Best notes.
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