All Peoples Church filed a lawsuit Monday against the city of San Diego that alleges the city council's rejection of its so-called megachurch project in Del Cerro violates federal protections for religious institutions.
The lawsuit was filed in San Diego federal court nearly three months after the city council voted 6-2 to deny the church's proposal for the All Peoples Church Light Project, which would have been built on a six-acre site on College Avenue, just north of Interstate 8.
All Peoples Church purchased the property in 2017 and sought to construct a 900-seat sanctuary, classrooms, a "multipurpose space for youth ministry," a gymnasium and a parking structure with more than 350 parking spaces.
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The project was approved by the San Diego Planning Commission, but some Del Cerro residents opposed the project, calling it a "megachurch" that would cause significant traffic and environmental impacts.
The church project has been contested for more than six years, according to a member of Save Del Cerro, a community group made up of more than 1,000 residents. The critics opposing the project argue it would create safety hazards due to the increased vehicle traffic.
The church would have been sited where College Avenue meets Interstate 8.
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“That curb is a blind curb," said Cristina Cotrell of Save Del Cerro in January after the city vote. "'There have been so many accidents in that place."
After four hours of public comment and a thorough vetting of the plans, the majority of council members felt the traffic impact would be far greater than the church’s study projects.
The city council rejected the project in January, which an attorney representing the church in its lawsuit said constitutes religious discrimination.
In a statement posted on its website, the church says the Religious Land Use and Institutionalized Persons Act prohibits local governments "from regulating land use in a manner that discriminates against or among religious institutions."
The lawsuit alleges the city violated that law and "imposed its land use regulations in a manner that treats the church's religious land use less favorably than comparable secular activities."
Lead counsel Daniel Dalton said, "The law is clear. The city cannot discriminate against a religious use using different rules and analysis from a nonreligious project in a similar situation. Federal law protects churches from the abuse of government in creating different standards for a religious facility, which is what the council did in justifying its motion to deny the All Peoples Church Light Project."
The church's lease is set to expire this summer at its current location in City Heights, which the church says cannot adequately meet the needs of around 800 weekly attendees and prevents the church from hosting larger gatherings like weddings and funerals.
"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," according to the complaint.
The church's pastor, Robert Herber, said in a statement on Monday, "We believe now, more than ever, in the vision and need for our permanent home at this site."
"And so this is merely our appeal to be able to say, please give us our constitutional right to build a building on the land that we own and and exercise our right and religious freedom that America has afforded for centuries," Pastor Herber told NBC 7's Omari Fleming on Monday.
On Instagram on Monday after the suit was filed, the church posted a statement saying: "We can only hope the city attorney's office puts their best foot forward to defend this complaint and council members don't vote to settle."
