3 Mountain Views-News Saturday, July 16, 2022 CONVERSATIONS.......THE MEADOWS 3 Mountain Views-News Saturday, July 16, 2022 CONVERSATIONS.......THE MEADOWS
Preserve Sierra Madre has always
sought out the truth and tried to
provide all of us with the facts to
base our decisions on.
The following charts and information
is from the City Council
meeting last Tuesday the 12th.
The first chart shows the development
potential for the Meadows project, starting with the 42 homes all the way
up to the maximum based on the initiative by the Stop the Housing Project
group. Council was unanimous in their decision to go with the track of 42
homes. That decision is curious when you look at the potential with ADUs/
JADUs based on SB9 and SB10 which was used across the chart based on maximum
gross floor area.
The following chart is a comparison of money to the city based on what project
is approved.
Regarding the Initiative Opponent’s 4 Legal Arguments below, Aleks Girago-
sian, our City Attorney stated in his staff report to the Council that with item
#1, potential legal exposure is possible but that Items #2, #3 and #4 are signifi-
cantly less.
Aleks Giragosian our City Attorney with the law firm of Colantuono, High-
smith & Whatley, PC (CHW) stated that since his statement on 92-12 he has
soften his tone with the claim that reconstruction of the Monastery would not
be permitted and now states with the benefit of what he now knows that state-
ment is not true.
Preserve Sierra Madre looks back at the past council reducing the Planning
Commission to 5 members, not informing us of SB9 & SB10, expressing con-
cerns of law suits and not responding to the community with questions like the
EIR, etc. etc. has caused a lot of conflicts in the community and caused orga-
nizations to form like the Stop the Housing Project group, Neighbors for Fair-
ness and Citizens for Truth. The tension is high and people try to get involved.
With incorrect information coming from the city attorneys office and council
failing to inform on SB9 & SB10 its understandable people are concerned.
Mountain Views News 80 W Sierra Madre Blvd. No. 327 Sierra Madre, Ca. 91024 Office: 626.355.2737 Fax: 626.609.3285Email: editor@mtnviewsnews.com Website: www.mtnviewsnews.com
THE VERDICT IS IN
The city attorney’s scathing 32 page report came out
last week which identifies the impacts of the ballot
initiative to rezone the Passionists' property to the
Hillside Residential zone. It’s hard to believe but it is
worse than even we imagined.
Our concern from day one has been that the rights
of the Passionists will be violated due to overly restrictive
spot-zoning. The report states that “The
Initiative targets the Mater Dolorosa Property specifically.”
This is not a general rule applied to all institutional
properties, they are only going after the
Monastery property. Yes, they are doing it in the
name of “protecting the hillsides,” but as we will see
they are also failing to do that, too.
The report continues, “The Initiative severely constrains
the Passionists' alternatives to develop their
property for religious purposes.” This puts the city
at huge financial risk and the taxpayers will be liable
for any lawsuits the city loses. Depending on what
the attorney fees are and damages the Passionists
might get, it could be devastating to the city services
we love. The first to go will be things like Community
Services and the Library because the city is
not mandated to operate those like Police and Fire.
Imagine spending the $10 million grant the city just
got to upgrade the library only to not have the funds
to operate it.
More from the report: “However, the Initiative's
conversion of the religious uses at the Mater Dolorosa
Property to non-conforming uses may substantially
burden the religious exercise of the Passionists.
As explained above, the Initiative converts
the Retreat Center and the Stations of the Cross into
non-conforming uses that cannot be altered or enlarged.
Further, the Mater Dolorosa Property's nonconforming
status would prevent the Passionists
from establishing new religious uses, such as the reconstruction
of the monastery or the construction
of a chapel or shrine.” There is some question as to
how this would play out in any given circumstance.
The city can’t say definitively at this point because
permits have to be subjectively interpreted by city
staff due to ambiguities in the ordinances.
What isn’t ambiguous is that the intent of the initiative
is to prohibit all expansion of the Passionists'
buildings and Stations of the Cross. It also makes it
clear that the city leaders have no power to circumvent
the intent of the initiative.
While Sierra Madre Neighbors for Fairness is not
for or against the Meadows project, we don’t want
to see an initiative that will compel the Passionists
to leave the city. The initiative rezones the entire
property to a residential zone, not just the southern
portion they want to develop for homes. In addition
to infringing on the rights of the Passionists, the report
states that “The Initiative Likely Increases the
Residential Development Potential.” In other words,
the initiative makes the property more valuable if it
is all developed. This, along with making it harder
to alter, expand, or change the use, would incentivize
the Passionists to sell it all to be developed with
homes. Big homes!
This is where we get to the worse part. Under SB9
the city attorney determined that sixty-eight (yes,
68!) 6,500 sq. ft. homes could be built on the property.
Sure, they will be on 34 bigger lots, but to get
the two units on a lot they need to be configured
as a duplex, so you would have two 6,500 sq. ft.
buildings placed together as a single 13,000 sq. ft.
structure. We definitely are opposed to that sort of
development in Sierra Madre. The city also has very
little discretion over what is built under SB9. Plus
we lose the park, the net-zero water offsets, and the
hillsides in conservancy. The Initiative is literally a
disaster waiting to happen.
www.SierraMadreNeighborsforFairness.org
LETTER TO THE EDITOR
THE FLAWED INITIATIVE IS STARTING TO CRACK
It was just five months ago when I wrote my editorial, “NIMBYs Seek to Vote Away Religious Rights.”
Many people were upset with the title, but it is just as fitting today as ever. The initiative, created by three
neighbors of the Monastery, have taken drastic measures to try and stop the Meadows project that only
ends up making everything worse.
The legal opinion from the city’s report on the initiative is that it will likely violate the rights of the Passionists
and possibly lead to even more development. It does this through overly restrictive downzoning
of the Retreat Center while also increasing the development potential for homes. The downzoning will
make all future expansion, and possibly any alterations, substantially burdensome. This is a clear violation
of the Religious Land Use and Institutionalized Persons Act and makes the city vulnerable to a big
lawsuit with no power to administratively rectify the problem.
The response I keep seeing is that the development of homes is not a protected religious right. No one
ever said it was. How many times does this have to be repeated? There is a difference between the Passionists
doing religious development where the Retreat Center is and their selling off the southern part of
the property to develop homes? I’ve never seen anyone say the Meadows project is protected as a religious
right. The issue is that the initiative rezones the Retreat Center and Stations of the Cross and makes them
nonconforming uses violating the Passionists’ religious rights.
By the way, in my original editorial I mentioned the $50,000 cost of putting an initiative on the ballot.
That estimate came from an earlier conversation I had with the City Manager. He said he didn’t have the
exact numbers but that it was probably a safe guess and that the city budgeted about $125,000 for the election.
For comparison, the simpler measure ALF initiative (The Kensington) cost over $30,000.
This whole initiative fiasco couldn’t have been much more poorly designed by trying to turn the entire
property into a residential zone in an attempt to stop residential development. Almost everything it is
trying to prevent becomes worse, despite the proponents’ misinformation asserting otherwise.
The “Meadow” (or “last remaining open parcel of land in Sierra Madre”) will not be saved. Wildlife
will still be displaced. The quiet solitude will be gone. All of this because homes are going to be built
either way. What the proponents call a “natural firebreak” is actually a fire hazard that is lessened by the
Meadows project. There is no telling how many trees will be removed, but it appears that Sunnyside Ave
would still be realigned and that is about half the trees right there. The city’s ordinances do not prevent
the removal of protected oak trees, it only requires that if removed they be replaced with even more trees.
All the benefits that come from the Meadows project will also be lost. The three acre park that benefits
the entire city… GONE! The 45 acres of hillside placed in conservancy… GONE! The net-zero water
offsets… GONE! Yes, those same net-zero water offsets that the proponents keep saying are not real, but
where the developer is putting up over $900,000 to guarantee. What are the proponents doing to save
water if the initiative passes? Nothing! Who is going to offset the water usage of the 32 (or 68 if the entire
property is sold) – SIX-THOUSAND, FIVE-HUNDRED(!) square foot houses that could be built on the
property? No one! Tell me how the initiative is benefiting the city, again??
I’ve been fighting this initiative from day one because I saw that it would be horrible for the city. In February
I didn’t know it would be this bad. It is bad… bad enough that our city council will be issuing a formal
resolution opposing the initiative. The battle has only just begun. There are a little over three months
until the election. Help spread the word to defeat this ridiculous rezoning that is bad for Sierra Madre.
We have to preserve and protect Sierra Madre from bad development when no one else will.
Robert Gjerde
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