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Church Parking Structure Sparks Debate
by Paul Teetor
A new split-level parking structure scheduled to begin construction at the American Martyrs Catholic Church later this month has sparked a last-minute surge of opposition from neighbors who say they were only recently informed of the project.
The parking structure proposal, which would almost double the capacity of the existing lot from 205 to 402 cars, has also raised the prospect that the City Council may change an 8-year-old ordinance exempting churches and private schools from the need for a conditional use permit for new structures.
"As far as I know, we’re the only city around to have done this," Councilmember Steve Napolitano said Tuesday. "My feeling is that development is development, and it doesn’t matter who the developer is. Churches and private schools should not be treated any differently than anyone else."
Napolitano voted against chapter 10.12 of the city’s zoning code when it was reviewed back in 1993. The law exempts churches and private schools with more than two acres of property from the requirement for a conditional use permit, or CUP, as long as the proposed structure doesn’t exceed 50 percent of the existing square footage.
City Attorney Robert Wadden said he is not aware of any other city in California that exempts churches and private schools from the need for a CUP.
"It is somewhat unusual," Wadden said. "Normally, there is some kind of conditional use permit review process, even for a church or private school."
Marika Bergsund, who is leading the neighborhood protest, said neighbors are worried about traffic, lighting and noise issues that she feels have not been adequately addressed.
Bergsund said the law is a bad law that needs to be changed as soon as possible.
"Because of this law, we’re just finding out about this project at this late date, but there’s nothing that can be done about it now," Bergsund said Tuesday. "The church is going to start construction in three weeks and the city feels powerless to do anything about it."
Richard Thompson, Director of Building, Planning and Community Development, admitted it is "very unusual for a structure of this size and impact not to have to go through the review process."
Sentiment on the City Council Tuesday appeared to be moving towards reviewing and possibly changing the law.
In addition to Napolitano, who said he has not changed his position since he voted against it in 1993, new Councilmember Jim Aldinger said he is troubled by the city treating churches and private schools differently than other developers.
"I don’t like the idea that churches and private schools are treated differently," Aldinger said. "I think they should be treated the same as anyone else. I wouldn’t mind revisiting this issue."
Mayor Walt Dougher said he does not think churches and private schools should be treated any differently than other developers.
"I am prepared to review this law," Dougher said. "The neighbors have raised some concerns in my mind. I think it would be appropriate to ask the planning commission to make some recommendations to the council about this law."
Councilmember Joyce Fahey said she might be open to reviewing the controversial law.
"The first thing I would do is to ask the city attorney to brief us on the ordinance," Fahey said. " I don’t want to repeat what other council members did eight years ago unless there is a compelling reason to do it. I assume there were good reasons this was passed eight years ago."
Former Mayor Tim Lilligren, who voted for the law in 1993, said it originally came before the council because there had been rumors that some non-mainstream churches were thinking of buying up residential houses and using them for a headquarters.
"We heard some off-brand religions might be moving in, so we felt we had to re-do the laws as far as the zoning codes," Lilligren said.
Lilligren said he was surprised to hear that Manhattan Beach may be the only city in California to exempt churches and private schools from zoning codes.
"But it doesn’t bother me," Lilligren said. "Every city does things differently. I would probably do the same thing all over again."
And he said he is not bothered by the American Marytrs proposal for a new parking structure.
"I would think the neighbors would like something like this," Lilligren said. "It will solve their parking problems and take cars off the street, so I really don’t see any problem with it."
Bergsund said Lilligren might feel differently if it was in his back yard.
"I find it hard to believe that anyone, even Tim, would welcome a two story parking structure across the street from their house without the opportunity for public comment and feedback," she said.
Monsignor John F. Barry of American Martyrs was not available for comment Tuesday. His office referred questions about the parking structure to Nick Cipidi, who also was not available for comment Tuesday.
Even if the controversy sparks a review and repeal of Chapter 10.12 of the zoning code, Napolitano noted it will not affect the American Martyrs parking lot proposal.
"Nothing applies retroactively," Napolitano said. "The church is doing what it is entitled to do under the existing law." ER