3 Mountain Views-News Saturday, June 18, 2022 CONVERSATIONS.......THE MEADOWS 3 Mountain Views-News Saturday, June 18, 2022 CONVERSATIONS.......THE MEADOWS
HELP PROTECT THE FIRST AMENDMENT
RIGHTS OF THE PASSIONISTS
As a long-time supporter of the Passionist Community in Sierra
Madre, I’ve attended many retreats at Mater Dolorosa Passionist
Retreat Center over the last 25 years. I was a member of their
first Board of Directors in 2003 and was involved as a lay person
in the restructuring of the Holy Cross Province of the Passionist
Congregation which includes Retreat Centers in the Midwest,
the South, and the Western United States. As an attorney I’ve
advised our local Passionists on past legal issues and helped
them evaluate different uses for their property in Sierra Madre.
I am also a member of the Sierra Madre Neighbors for Fairness
Steering Committee and represent the interests of the Passionists.
As a grassroots organization, the Steering Committee is
made up entirely of Sierra Madre residents and neighbors (my
husband and I are the only two that live just across the border
in Arcadia, although we spend nearly every weekend in Sierra
Madre patronizing the local shops and restaurants).
At Thursday’s City Council meeting I commented that we are
not “financed” by New Urban West. To clarify, we have partnered
with the developer to help protect the rights of the Passionists
and we do receive financial help from them in service
to this one goal. Nonetheless, we also receive financial support
from other interested parties. We certainly do not work for
New Urban West and they do not tell us what to do.
Our goal is to support the Monastery in its ability to exercise its
freedom of religion. We do this by helping the voters of Sierra
Madre understand the consequences of the proposed Initiative,
including how it will violate the rights of the Passionists and put
the City at serious risk of being sued for religious discrimination,
among other things.
RLUIPA, the Religious Land Use and Institutionalized Persons
Act of 2000, provides religious institutions with protection
from overly restrictive down-zoning. The Act states that “No
government shall impose or implement a land use regulation in
a manner that imposes a substantial burden on the religious exercise
of a … religious institution, unless the government can
demonstrate that imposition … is in fur-therance of a compelling
governmental interest; and is the least restrictive means of
ON THE PROPOSED INITIATIVE TO
DOWNZONE THE ENTIRE MATER
DOLOROSA PROPERTY
The following statement was addressed to the City Council at its
June 14 meeting by Dr. Michael Cunningham, OFS, Mater Dolorosa
Passionist Retreat Center Director and CEO.
As expressed in a letter from our attorney and verbally to the
Sierra Madre City Council last week, Mater Dolorosa would
be greatly harmed if this initiative is successful. Unfortunately,
I also can say that damage has already been done through
considerable miscommunication of information about us, our
development plans, and the status of our ministry.
Mater Dolorosa has served Sierra Madre, the San Gabriel Valley,
greater Los Angeles, and Southern California with spiritual
and healing ministries since 1924. Since then, the ministry
has been evolving, expanding, and responding to the signs of
the times.
Imagine if this restriction arrived earlier in our history. Imagine
that the soldiers returning from the Second World War
were not welcomed at our Retreat Center because we had been
unable to build it due to such an initiative. Imagine if all the
thousands of people in recovery programs had not been able
to come to this sacred place. Imagine if the 15,000 visitors who
grace our gardens and retreat center during a typical year were
suddenly not welcome.
Now, imagine a time in the future when we, and all those who
want to visit Mater Dolorosa, for whatever reason, are not able
to because we cannot add additional rooms, build improved
facilities for our Food Ministry, or provide more meeting
space for recovery groups and those with trouble in their lives.
This is the future which this initiative beckons for us.
Living in Sierra Madre is an expensive proposition. Imagine
a time when we cannot provide staff accommodation for
furthering that compelling governmental interest.”
The proposed Initiative states that its purpose is to change the
Retreat Center to a “nonconforming” use by prohibiting all
future “expansion, significant physical alteration, or change in
use” and that the compelling government interest is to “ensure
that any future development is protective of the City's hillside
environment.”
Applying the standards of RLUIPA, the compelling government
interest of protecting the “hillside envi-ronment” has not
been justified. Expansion not in the hillside areas, or alterations
within the Monas-tery buildings, do not risk the hillside
environment. Not even the EIR for the proposed Meadows at
Bailey Canyon development found any significant environmental
impacts to the hillside environment, and that is when adding
just 42 homes to the property - less than one percent of the residences
in Si-erra Madre. There is no compelling government
interest that justifies prohibiting all expansion, altera-tion, or
change in use for a religious organization that has been operating
its ministry here for close to 100 years.
Even if there were a compelling government interest, the “least
restrictive” prong cannot possibly be defended. There are many
less restrictive options available to protect the hillside environment.
Turn-ing a religious Institution into a nonconforming
use, while prohibiting all future expansion, alteration, or change
in use, is extremely burdensome on the Passionists and a gross
overreach of the City’s zon-ing authority.
Moreover, there is a strong argument that the proposed Initiative
raises the specter of religious dis-crimination based on the
targeting of the Passionists, in particular, by “spot-zoning” in
contravention of state regulations. If the Initiative passes and
the City gets sued, they - and, more particularly, its resi-dents
- could face hundreds of thousands of dollars in legal fees and
other penalties.
Please support the Passionists as Sierra Madre Neighbors for
Fairness fights to protect their religious freedoms under the
First Amendment.
Angela Hawekotte, Attorney and Member of SMNFF Steering
Committee
our employees because the initiative does not allow it. Even
though we own the land and the ministry, we cannot offer it if
we cannot plan and expand.
This is not the future we have imagined for ourselves and not
a future that anyone else would want. Imagine if building restrictions
were made on land you owned, fully paid for, where
you are operating city services that individuals can enjoy regardless
of their financial means, and suddenly all growth
stopped.
Even short-term improvements in our plans are affected. For
example, we have been working on a solar plan for two years
and are nearing the end of the planning and funding phase.
Will we be able to get permission for solar to provide a cleaner
environment? I don’t know.
Despite all this, Mater Dolorosa’s ministry is alive and well today.
We are fully booked for retreats, conferences, and recovery
ministry activities until May 2023. Will we be able to meet
expanded demand in the future, as we have in the past? If this
initiative passes, then the answer will be “No.”
The unfairness of the initiative has been communicated by
others and by our letter to the City Council. I ask the council
members to consider the implications of this initiative carefully
before a ministry that has provided services to this community
and the surrounding area becomes what the proponents
want: To be frozen in time, and unable to respond to the needs
of those around us.
Hopefully, anyone considering voting for this initiative will
consider prayerfully what this will do to our ministry. The initiative
has little to do with the proposed property development
and its progress through the approval process. Instead, it is
about removing Mater Dolorosa’s rights to operate and grow a
vital and flourishing ministry that thousands of Californians
rely on.
SORRY, BUT IF YOU SUPPORT THE INITIATIVE
YOU ARE NO FRIEND OF THE PASSIONISTS.
You may hear the proponents of the initiative saying that “opposing
the project is not religious discrimination.” Well, don’t you
think that depends on how you are opposing the project? There
are no two ways about it. Supporting the Initiative, which will take
away the fundamental Institutional rights of the Passionists, means
you are supporting religious discrimination. The initiative singles
out the Retreat Center and will prohibit all future expansion or
alteration of the existing buildings. If you support this egregious
violation then you are no friend of the Passionists, no matter how
honorable you think your intentions are.
You can both oppose the housing project and support the Passionists,
but you can’t do both while also taking away the Passionists'
fundamental rights as a religious institution. Sierra Madre Neighbors
for Fairness is opposing the discriminatory initiative. We are
also neutral on the Meadows housing project. We are often called
a “mouthpiece for the developer,” but if that were the case then we
would be fighting for the project itself.
The SMNFF Steering Committee solely decides what our strategy
is. We have a similar goal with the developer of protecting the
rights of the Passionists because they, too, do not want to see the
Passionists harmed. We have partnered with the developer in defending
the Pas-sionists from illegal discrimination and we welcome
their support.
Under the federal Religious Land Use and Institutionalized Persons
Act any overly restrictive down-zoning of a religious institution
is illegal unless it is the least restrictive means of accomplishing
the goal (in this case) of protecting the hillsides. Prohibiting all
physical expansion, alteration, or change in use under the guise of
protecting the hillside environment is a blatant violation of RLUIPA
and puts the city in serious financial jeopardy.
The initiative clearly states that the Retreat Center will be forced
to become a “nonconforming use” “without expansion, significant
physical alteration, or change in use.” The Initiative states that the
Monastery buildings will fall under “the provisions of the Sierra
Madre Municipal Code relating to non-conforming use.” Municipal
code section 17.56.040 states that “Each and every nonconforming
use or structure may be continued and maintained, provided
that there is no addition, alteration, or en-largement to any
use or structure…” If the Passionists do any alteration or expansion
or have a change in use then under 17.56.060 A. the city will
be forced to “terminate” their nonconforming use and start the
“abatement” process.
We encourage those who oppose the religious discrimination of
the Passionists to show your support by putting a “Support the
Monastery” sign in your yard. This especially applies to those who
have a yard sign saying they want to preserve or protect Sierra
Madre. These are not two mutually exclusive ideas. To get your
yard sign, make a request at www.sierramadreneighborsforfairness.
org/join-our-group
STAY SAFE!
GET VACCINATED
AND BOOSTED!
WEAR A MASK!
We are Sierra Madre neighbors opposed to the initiative targeting the Monastery
STEERING COMMITTEE MEMBER SPOTLIGHT
De & Pat Alcorn
Lived in Sierra Madre for 49 years
"We joined Sierra Madre Friends for
Fairness to protest the Initiative’s
intent to deprive Mater Dolorosa
of their property rights as they go
through the process to develop a portion
of their property."
Patrick Simcock
Lived in Sierra Madre for 50 years
"The initiative is focused on a single
property/owner and changing their right to
use their property as currently zoned.
The initiative is ill-conceived
and is setting the city and the
taxpayers up for a lawsuit."
Ad paid for by Sierra Madre Neighbors for Fairness, a Coalition of Local Residents, Taxpayers, and Mater Dolorosa Passionist Retreat Center;
Committee major funding from New Urban West
Mountain Views News 80 W Sierra Madre Blvd. No. 327 Sierra Madre, Ca. 91024 Office: 626.355.2737 Fax: 626.609.3285
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