On March 25, All Peoples Church filed a complaint against the City of San Diego alleging that the city council’s rejection of the church’s large-scale project for a new 900-seat sanctuary on a vacant, 6-acre lot in Del Cerro violates federal protections provided to churches by the Religious Land Use And Institutionalized Persons Act.
The suit further claims that the city is in violation of the church’s free speech and assembly and the free exercise of religious rights outlined in the First Amendment.
All Peoples Church purchased the property, located near the College Avenue off-ramp, in 2017.
In addition to the 900-seat sanctuary, the church group sought to construct a building with “staff offices, Sunday School classrooms and a multi-purpose room.” The latter of which is intended to serve as a youth room, fellowship hall and a basketball court, according to the lawsuit.
Since the lot’s purchase, the All Peoples Church has undergone the process of amending the Navajo Community Plan to allow church use on land zoned for residential use.
The church, which was started in 2008 by Pastor Robert Herber, has a congregation of 900-1,000 individuals, according to Save Del Cerro, a movement backed by concerned community members that have remained outspoken against the project.
All Peoples Church currently operates out of a facility located at 5555 University Ave., with a lease set to expire in June and is required to vacate the premises on Dec. 31, 2024.
In September 2023 the San Diego Planning Commission voted unanimously in the project’s favor upon reviewing the plan’s required documents: a general plan amendment, community plan amendment, site development permit and certification of the project’s environmental impact report.
However, just four months later, San Diego City Council voted 6 to 2 to deny the plan.
Councilmember Raul Campillo, who represents Del Cerro, was the dominant voice of opposition. He stated that the church’s application was legally flawed and that the church project’s environmental impact report and subsequent traffic study undercount daily car trips to the planned multi-purpose room.
The lawsuit outlined that it anticipates that church staff will use the multi-purpose room Monday through Thursday, 9 a.m. – 6 p.m. (The hours Pastors are present.)
However, civil engineering and traffic experts both explained during the January City Council meeting that the project would not cause transportation impacts based on years of time-consuming and costly reviews, such as the environmental impact report and traffic studies pursuant to the California Environmental Quality Act.
The complaint specifically details that “the [environmental impact report] found the [project] to be consistent with the Navajo Community Plan and did not identify inconsistencies with any applicable [city] land use policies.”
As a result of Councilmember Campillo’s opposition to the project, the lawsuit calls into question his motives. Specifically, Councilmember Campillo’s place of living, allegedly located a half-mile away from the project site.
When asked to comment on the matter, Councilmember Campillo said, “I will let my 30-minute presentation from the day of the hearing speak for itself. That said, I must point out that the litigant’s assertion that my home is within a half-mile of the project is flat out wrong.”
The Office of the City Attorney declined to comment on the pending litigation.
Moreover, the project has been branded as a “megachurch” by Save Del Cerro which, according to the Hartford Institute for Religion Research, refers to any Protestant Christian congregation with a sustained weekly average of 2,000 attendants for its worship services.
“We are reviewing the court filing and fully support the City’s Land Use decision to deny the application for the proposed church and its related activities,” said Save Del Cerro Spokesperson Michael Livingston.
Dan Dalton, of Dalton & Tomich, PLC, is All Peoples Church’s lead attorney. Dalton previously represented Our Lady of Peace Academy, which sued the city on similar grounds for blocking its campus expansion plan. The lawsuit was settled in the academy’s favor in 2014.
Dalton did not respond directly to a request for comment before publication. However, Worship Pastor Stephen Gulley provided the following statement on Dalton’s behalf via All Peoples Church’s press release:
“The City has a long history of discrimination against religious institutions,” said Dalton. “They’ve made it nearly impossible to [cite] them, and when the land use laws of the City allows, they change the rules to deny access. That is wrong, federal law doesn’t allow it, and we believe the Court will ultimately find their decision inappropriate and overturn.”
The press release includes Herber’s sentiments, as well.
“The personal attacks and accusations used to foment opposition were unfortunate, but as Christians we forgive and bless those who come against us,” Herber said. “Nevertheless, the Council’s decision to side with the opposition was wrong, which is why we’ve decided to protect our rights by seeking legal redress.”
Additionally, as detailed in the filed complaint, “The Church believes it is called by God to own and build a permanent home large enough to accommodate its growing congregation, its anticipated growth and its various ministries.”
Photo credit: savedelcerro.org/.
