HomeMy WebLinkAbout5/2/2012 - STAFF REPORTS - 00 RE: 5/2/2012Religious Leader Feedback for Palm Springs Zoning affecting
"Churches" —Follow-up on letter to Council dated March 15, 20l2
Palm Springs' zoning ordinance needs to be amended to treat churches (religious exercise and
assembly) fairly and according to federal law. Local religious leader concerns are:
1. Restricted number of zoning areas for churches permitted by-right impedes the growth,
mobility and visibility for religious groups in our community.
2. Conditional Use Permits(CUPS)required from churches for most locations are not
required from other similar enterprises including assemblies in the same areas.
3. $3000 cost and uncertainty of CUPS—potentially multiple applications needed—is
burdensome.
4. Assumptions in the zoning code about church land uses that are no longer universal
practices or community expectations functionally stereotype and ghettoize congregations.
These factors are high hurdles at best to churches, synagogues,temples, centers, and mosques.
They are violations of federal civil rights law(RLUIPA*)at worst. i
The uncertainty and costs of CUP applications are an unreasonable burden for congregations.
The nondiscrimination provision of RLUIPA means that a city cannot lawfully treat similar
assembly uses differently based on content. It is not a compelling government interest to inhibit
churches while welcoming other similar activities to an area.
Therefore, we urge the Palm Springs City Council to establish that churche (religious exercise
and assembly) be treated the same as theatres, arenas, auditoriums, community centers, civic
centers, fraternal lodges and other assembly uses are now treated.
Quoting the United States Department of Justice: "...RLUIPA, as a federa4l civil rights law,
takes precedence and the zoning law must give way."
We and other Palm Springs religious leaders are ready to help and work wi h you and city staff
to write revised zone text amendments that reflect RLUIPA for the good of our community.
Pastor Jerrold Thompson,Hope Community Seventh-day Adventist Church, Palm Springs
Rev. Kevin A. Johnson,Bloom in the Desert Ministries UCC, Palm Springs
Representing a working group of Palm Springs religious leaders.
*Religious Land Use and Institutionalized Persons Act of 2000(RLUIPA)
"Religious assemblies,especially,new, small,or unfamiliar ones,may be illegally discriminated against
on the face of zoning codes and also in the highly individualized and discretionary processes of land use
regulation. Zoning codes and landmarking laws may illegally exclude religious assemblies in places
where they permit theaters,meeting halls,and other places where large group¢of people assemble for
secular purposes. Or the zoning codes or landmarking laws may permit religious assemblies only with
individualized permission from the zoning board or landmarking commission,and zoning boards or
landmarking commission may use that authority in illegally discriminatory ways. To address these
concerns,RLUIPA prohibits zoning and landmarking laws that substantially burden the religious
exercise of churches or other religious assemblies or institutions absent the least restrictive means of
furthering a compelling governmental interest."
http://www_iustice gov/crt/aboudhce/rluipaexplain php
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