Sumana Forest Retreat v. County of San Diego, California

CourtDistrict Court, S.D. California
DecidedFebruary 24, 2025
Docket3:24-cv-01196
StatusUnknown

This text of Sumana Forest Retreat v. County of San Diego, California (Sumana Forest Retreat v. County of San Diego, California) is published on Counsel Stack Legal Research, covering District Court, S.D. California primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Sumana Forest Retreat v. County of San Diego, California, (S.D. Cal. 2025).

Opinion

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 SOUTHERN DISTRICT OF CALIFORNIA 10 11 SUMANA FOREST RETREAT, et al., Case No.: 24-cv-1196-RSH-DDL

12 Plaintiffs, ORDER ON DEFENDANT’S 13 v. MOTION TO DISMISS PLAINTIFFS’ FIRST AMENDED 14 COUNTY OF SAN DIEGO, COMPLAINT 15 Defendant. [ECF No. 16] 16 17 18 19 Before the Court is the County of San Diego’s (“the County’s”) motion to dismiss 20 Plaintiffs’ First Amended Complaint (ECF No. 15, “FAC”). ECF No. 16. Pursuant to Local 21 Civil Rule 7.1(d)(1), the Court finds the motion presented appropriate for resolution 22 without oral argument. For the reasons below, the Court grants in part and denies in part 23 the motion. 24 I. BACKGROUND 25 A. Plaintiffs’ Allegations 26 The instant case arises from the County’s permitting and code enforcement actions 27 taken in relation to property Plaintiffs intended for religious use. The FAC alleges as 28 follows. 1 1. The Valley Center Property 2 Plaintiff William Chu is a professor of Buddhist studies and an ordained Buddhist 3 minister. FAC ¶¶ 8–9. Plaintiff Sumana Forest Retreat (“SFR”) is a nonprofit Buddhist 4 religious organization. Id. ¶ 11. SFR practices and teaches Forest Tradition Theravada 5 Buddhism, a faith centered on the exercise of meditation in secluded, remote forest settings. 6 Id. ¶¶ 18–19. Chu is the leader of SFR. Id. ¶ 9. 7 In 2018, Chu purchased a 9.9-acre property located at 11923 Via Campestre, Valley 8 Center, California (the “Valley Center Property”). Id. ¶ 13. Shortly after purchase, 9 Plaintiffs began to prepare the property to host meditative retreats. Id. ¶ 25. To that end, 10 between 2018 and 2019, Plaintiffs built ten yurts to serve as places for retreatants to 11 meditate and rest. Id. ¶¶ 28, 57.1 12 2. Major and Minor Use Permits 13 The Valley Center Property is located in the A70 Zoning District of San Diego 14 County—a Limited Agricultural Use District. Id. ¶ 32. Land use permits are required to 15 use property within the A70 District in certain ways. FAC ¶¶ 36, 46; ECF No. 15-4. Of 16 relevance to the dispute, under the County’s zoning ordinance, property owners are 17 required to obtain a Minor Use Permit for “small schools, farm labor camps, and cottage 18 industries.” FAC ¶ 36; ECF No. 15-4 at 3. In contrast, property owners must obtain a Major 19 Use Permit to use land for, among other purposes, “religious assembly.” FAC ¶¶ 46, 133; 20 ECF No. 15-4 at 4. Major Use Permit applications require approval by the County Board 21 of Supervisors or Planning Commission. FAC ¶ 52; ECF No. 15-6 at 2. In contrast, Minor 22 Use Permits may be approved by the Director of Planning & Development Services. FAC 23 ¶ 53; ECF No. 15-6 at 2. Applying for a Major Use Permit may also require additional 24 costs. FAC Id. ¶ 54. 25

26 27 1 The County disagrees that the structures are properly described as “yurts,” arguing that that term indicates a simple cloth structure but that the structures at issue have kitchens, 28 1 3. Permit Pre-Application 2 In 2018, Chu began the process of applying for a land use permit. FAC ¶ 55. In 3 January 2021, Chu submitted a Major Use pre-application. FAC ¶ 62; ECF No. 15-17 at 2. 4 Plaintiffs did not hear anything from the County regarding their pre-application in the 5 following two years. FAC ¶ 64. Nevertheless, during the same time period, in May 2021, 6 January 2022, and January 2023, Brandy Contreras, a Land Use/Environmental Planner in 7 the County’s Code Compliance Division, randomly conducted inspections of the Valley 8 Center Property. Id. ¶ 65. 9 Chu and other SFR members eventually met with County officials to discuss 10 Plaintiffs’ application. Id. ¶ 67. The FAC alleges that over the course of two meetings, 11 County Officials informed Chu and other SFR members that the County would never 12 approve Plaintiffs’ application because of the yurts erected on the Valley Center Property, 13 despite not having objected previously. Id. ¶¶ 68–69. 14 4. Plaintiffs Retain Counsel 15 Plaintiffs subsequently sought and retained counsel. FAC ¶ 76; ECF No. 15-3. In a 16 July 6, 2023 letter, Plaintiffs’ counsel advised the County that the zoning ordinance placed 17 a substantial burden on Plaintiffs’ religious exercise by requiring them to obtain a Major 18 Use Permit. ECF No. 15-3 at 6. The letter set forth Plaintiffs’ intent to bring a federal 19 lawsuit if the Parties were “unable to come to an agreement on a Minor Use Permit.” Id. at 20 2. 21 On October 16, 2023, the County responded that the Valley Center Property’s “yurts 22 in their current condition present serious concerns related to fire safety, structural integrity, 23 and environmental hazards.” ECF No. 15-14 at 2. The County’s response further stated: 24 The future use of the property will need to match the permit for which 25 Dr. Chu and the Sumana Forest Refuge apply. If the planned use is fewer than 50 people meditating and exploring Buddhism, without 26 taking up residence in the yurts, the County would consider a minor use 27 permit, as it would for the arguably analogous use case of a small school. However, if transient habitation is to be a use, whether primary 28 or accessory, a major use permit is required to ensure the resulting 1 health, safety, and environmental concerns are adequately examined. 2 Id. at 2. Finally, the County cautioned Plaintiffs that “[r]egardless of the permit ultimately 3 applied for and obtained,” the Valley Center Property yurts had to “be brought into 4 conformance with the building code.” Id. Although the letter recognized that this could be 5 “impractical with the existing yurts,” it noted the County’s willingness to “explore options” 6 with Chu and SFR as to how to do so. Id. at 2–3. 7 On December 1, 2023, Plaintiffs’ counsel responded that Plaintiffs’ planned use of 8 the property would be for less than 50 persons, and reasserted their position Plaintiffs 9 should be permitted to apply for a Minor Use Permit and maintain yurts on their property 10 ECF No. 15-15 at 2–3. 11 5. Application for Initial Consultation 12 Thereafter, Plaintiffs filed an application for a meeting with the County, known as 13 an initial consultation. ECF No. 15-17 at 2. In a letter dated May 28, 2024, the County 14 informed Plaintiffs it had reviewed Plaintiffs’ initial consultation application. ECF No. 15- 15 16 at 2. Based on the project description submitted with Plaintiffs’ application, the 16 County’s Planning & Development Services Department concluded that Plaintiffs’ project 17 required a Major Use Permit. Id. at 3. The letter indicated that Plaintiffs could seek a second 18 opinion from the County’s Chief of Project Planning and Chief of Land Development. Id. 19 at 4. 20 6. Termination of Power 21 In early 2024, plaintiff Chu consented to have Ms. Contreras and other County 22 officials inspect the Valley Center Property. FAC ¶ 82. Thereafter, on March 31, 2024, he 23 received a Notice from the County’s Department of Environmental Health and Quality 24 Division indicating that graywater was “being illegally discharged onto the ground” at the 25 property. FAC ¶ 87; ECF No. 15-17 at 2. The Notice stated that at the time of the inspection, 26 officials observed ten yurts and several “accessory structures.” Id. Most of the yurts had 27 “electrical, gas plumbing, and water plumbing.” Id. Wastewater discharge pipes “were 28 observed from all plumbed yurts” and portable restrooms “were also observed on 1 property,” despite there being “no approved means of wastewater treatment/disposal on the 2 property.” Id. 3 On June 7, 2024, San Diego Gas & Electric (“SDG&E”) terminated power to the 4 Valley Center Property. FAC ¶ 91.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Memphis Light, Gas & Water Division v. Craft
436 U.S. 1 (Supreme Court, 1978)
Bell Atlantic Corp. v. Twombly
550 U.S. 544 (Supreme Court, 2007)
Ashcroft v. Iqbal
556 U.S. 662 (Supreme Court, 2009)
Levald, Inc. v. City of Palm Desert
998 F.2d 680 (Ninth Circuit, 1993)
Guatay Christian Fellowship v. County of San Diego
670 F.3d 957 (Ninth Circuit, 2011)
United States v. Jerry A. Moore
27 F.3d 969 (Fourth Circuit, 1994)
Prater v. City Of Burnside
289 F.3d 417 (Sixth Circuit, 2002)
Manzarek v. St. Paul Fire & Marine Insurance
519 F.3d 1025 (Ninth Circuit, 2008)
Moss v. U.S. Secret Service
572 F.3d 962 (Ninth Circuit, 2009)
Knappenberger v. City of Phoenix
566 F.3d 936 (Ninth Circuit, 2009)
Brunson v. Department of Motor Vehicles
85 Cal. Rptr. 2d 710 (California Court of Appeal, 1999)
Frates v. City of Great Falls
568 F. Supp. 1330 (D. Montana, 1983)
Nozzi v. Housing Authority
806 F.3d 1178 (Ninth Circuit, 2015)
Dan Clark v. City of Seattle
899 F.3d 802 (Ninth Circuit, 2018)
L. F. v. Lake Washington Sch. Dist. 414
947 F.3d 621 (Ninth Circuit, 2020)
Pakdel v. City and County of San Francisco
594 U.S. 474 (Supreme Court, 2021)

Cite This Page — Counsel Stack

Bluebook (online)
Sumana Forest Retreat v. County of San Diego, California, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sumana-forest-retreat-v-county-of-san-diego-california-casd-2025.