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Conditional Use Permit 85-13 - German Evangelical Church - O
�,. CITY OF HUN TiNGTON BEACH 20W MAIN STREET CALIFORNIA 92W OFFICE OF THE CI':Y CLERK August 15, 1985 Joseph R. Donahue 1301 Dove Street , Suite 9C0 Newport Beach, CA 92660 Enclosed please find a cassette tape of 3 portion of the July 1 , 1965 City Ccuncil meeting related to Conditional Use Permit No. 85-13, Applicant: German Evangelical Church. There will be no charge for the tape. �;rez;�Sz& Alicia M. Wentworth City Clerk i ftdMl* *c 714 t1 KNE% HT t' DONAHUE A VA N T... My...N tl• "840I F%I (J-.A. f UMMU►.A 1,(1"% A 7 1 Of041: •y wt NY 1•) t,0 ..MC.rV fir tj' i100 ►�1 1Y►•t744f [lr,Af. .4 ^& 04 oil r W1Ae4 t • O�•i J. August 9 , 1985 Alicia M . Wentwo:th , City Clerk City of Huntington Reich Office of the C1e.K 200 Main Street Huntington Beach, California 92649 Res Conditional Use Permit No . 85--13 Applicant: German Evangelical Church Dear Ms . Wentworth ; We have been retained t:. re►.iresent The German Evangelical Lutheran Church in conreciton with its ' appeal from the City Counsel ' s denial of Conditional Use Permit No . 85-13 . 5o as to enable our client to prepare for judicial review regLest im hereby made for a complete transcript of all evidence on which the City Counsel acted . Since time in of the essence, was would appreciate :ec;e ipt of all such evidence on or before August 25, 1985 ; or' , in the alternative , your reasons for denying or refuning our ient ' s requert . If you have any questions or if we can be of assistance , please call . Sin :•ely , j Joseph R. Donahue JRDt Cf CC: Uverend Jurgen W. 81 c as World Community Church A1'lwvm fo ihnrwMl Aftwiruwanis Of M kao AMMc raft" by t"NN Of thA SvpW41 COu01 04 or tr, C46164 *a. Numbo A•i211. 4410d 29 SWtarnbW. 1941. Mw A.266.11, 6~1 11 Jum. IMF S ri%7E OF CALIFOANIA C--unty of Orange V%Aft asr�t .4....�..r "woof f" W" a mow ? wr, ,d 0%4 MO.~r"w am a Citizen of the United States and a rowdent of IN County aforesaid; I I•m over ,tie age of ephtew years, and not a party to or Interested in the Lmftw b1i C4 V iroiL Orange entitled mallet. I am a principal clerk of the Coast DAILY PILOT, with which is combined the NEWS•PAESS, a newspaper of general circulation, printed and published In the City of Costa Mass. County of Orange. State of California. and that a Notice of P t 1),l1 ,c_11a a r I n ij of which copy attached hereto Is a true and compl:le �{ copy. was printed and published In the Costa Mesa, Newport Beach. Huntington Beach, Fountain Valley, Irvine, the South Coast communities and Laguna Baat:h issues of said newspaper for cditf^~Mir"Vb-la wit the issootsl of ._. _June 20 - ---- -- 198 19a- -- I declare, under penalty of perjury, that the foregoing Is true and correct. � June 1.0 ExWuted on 1 it eta Mete,,' Cttifornia. Slgnelure amp I Pow 1110 AT�11 a, CITY OF HUWlNG"1 ON BEACH 2M MAIN STREET CALIFORNIA 9264-8 OFFICE Of THE CITY CLERK July 3, 1985 Reverend Juergen W. bless Wor 1 d C umm i t 1 Church German Evangel iril 1.utheran Church 756. Center Avenue Huntington Nmch, CA 92647 Ithe City Cotirci 1 of Cit' of f.unt urntan boach at its reau l ar meeting he,d Monday, July 1 , 1985 denied Condit.oml ZU5e Fpttait 185-13. -Ibis is a final decision. You are h.,reby notified that pursuant to provisions of Section 1094.6 of ttx-- Code of Civil Pr _ 'ure of the State of Gil ifor.Ii,a, yai have ninety vials from July 3, 1985 to apply to the courts for judicial review. ,'f ycu have any questlrns regardirr= h.is Pmttej,, please cmuict our , office - 536-5227. Alicia M. Went'+cMh City Clerk AMW:CB: js cc: Gail Matron, City Attcr'>e;: Jams pa 1 in, fir.-ices Director tt�w�wr 1�l��1 r Ilia CrTV or K 0 INTER-DEPARTMENT COMM ICAITION . 40 F To Charles W. Thompson .lamer W . Palin , Director City Administrator Development Services Subject CONDITIONAL USE PERMIT NO. 85- .3 ate June 27, 1985 APPEAL - COUNCIL ITEM D-7-A (CHURL:- AT OLD WORLD VTLLA,GE ) A question has come up with regard to the agreement between West Coast Sncc:er League and the Old World Village Condomonlum Association specifically the assignment or reservation of parking for church services . The CC&R 's which speak to the issue of reserving the right by West Coast Soccer League ( eishoff et al ) for the Gktoterfest appear to be missing from our files . However , the Department of Real Estate Final Subdivision Report of the Old world subdivision contains within it the following provision : This subdivision is subject to the restrictions recorded to the office of the Orange County Fecorder , . . . 'The dec?.arant reserved the right to use a portion of the parking lot four months each year to hold an Cktoberfest . ' it may be surmissed from this statement that parking reservation does not cover church, use . We are securing copies of the pertinent CCLR ' s to review the exact lanquace contained in them to ascertain the extent of rights of all parties with regard to the parkins reservat- ion . We recommad, in light of thi• new information, that staff change its recamon6ation to denial of the appeal of Conditional Use fersait No. 63-13 is line with the planning Cormission 'a decision on thin matter ; or ae an alternative, continue the shatter for two weeks for further investigation and elpalustion of the parking rights and restrictions . JWP :GG: )r ( 2779d ) MT PublInh June 10 1"5 NOTIC'N Or PUBLIC APR" SO T!a PLUNING CMUISSIOVIS aL1fUL Of CONDITIOW, USE POO= 00 85-13 NOTICE IS HEREBY GIVEN that a quhlic hearing atll be held by the C ty Louncil t' e City of Huntington Be .--h., it the Council Chamber of the Civic Center, ffuntf.ngton beach, at the hou, of 7 : 30 P.M. , or ar soon thereafter as possible on ?Monday the 1st day of .July , IY85, for the purpose of conaide:ing an appeal to the Planning Cnemr: sslon' s denial of Condition&] Use Permit 85-13, a reques-t to permit church services and an office within the Old Wurld Village Festiva:: Hall located at t1t northwest corner of Center Crire and Huntington Village +a! ( 74 `61 Center Avenue, Lot. 49) tiithin the North P.untin,gton Center Specific ?l. n pursuant �o Article 1,33 of the Huntington Beach Ordinance Cade. A legal description is on file in the Uepartuent of Development Servicws Office. All interested persons are invited to attend maid hearing jtnd express their opinions for or a,ainst said spr-eal. Further inforwtion may be obtained from the Office of th^ City Clerk, ?GOO Main Screet . Huntington Beach, W ifornta 92648 - ( 714) Dated : June 17, 1985 CITY Of !MINTIMI—Mil g11.1CH Iy: Alicia M. Wentrort,h City Clerk OL-0. 1 i LEGAL N%M C E. NOTICE OF PUBLIC RLARI`G rS NER£BY GZ'Vt::` t::at: a public ',earin•7 will be held by the City P�,irr�wisk; � n a,. t!:e City of !�u:,: in.;ton Beach , California , !"Or the purpose of ccrisider ,.-c .�-.iti.i j ► i�;.s� r� 4• rr�,,i c g :I- 13 . sor A r0quest. to rer:ii : church sue.•: ic,,rs i t!: ir► ct�::^test :v.�l gal l l0cIt0J. a:. to n0 est. come: of C%in V ivy* .tim! !iur.: in3tor. 'Ji13a ?•� 'Aa}• � 7561 CQ Z- A , 41 `l : l.iil 1, qte..n r.l {. l- t J�. .ly♦ . 1: z u r s u n t o A t il.: .) c, D h lira 1^►11n,ze Co.i0 . f1 lz•�a: .jt.SC : z;,�o:. : �: c: .� 1 : .e Cat a: :,� . .z . U�.ti. ��.,a�.ri 5rrti "7 ?a C� Said !•.earl:..: will bc, heiw at the hour of P .M . , on ._. in t"e Council Chamhers Building of the Civic Center 2000 ma-, n Street , Hunt :r,3t:on Se4ch , California . All inte_ested persons are :avi_ed to attend ssi.d hearing and express their opinions for or ay a i ns t the proposed morn i t Iona 1 Usc PeLZ,j C_ e5- 13 + Further infor-oration roar be obtained frcxa the City Planning ' Depa:tment . Telephone No . (714) 535-5271 DATED this day of CITY PLJ►NNING COMISSION By Publish Jun_�20, 1985 MOTICE Of PUBLIC WAEIMG Yt'LJ1L TO THI FI ANN ING CMW S S ION'S DENIAL OF CONDITIONAL USE PEW? MO 85-13 yOTIC:E IS HEREBY GIVEN that a public hearing will be held by the City Cour.cil of :he City of Huntington Beach, in the Council Chaobtr of the Civic C,-nter, Huntington Beach, at the hour of 7: :," or as soon thereafter as possible on Monday the ist uay of July , lv" , the purpose of considering an appeal to the Planning Ccv=lssion' s denial of Conditional Use Permit 85-13, a request zo permit church services and ern offic-, within the Old World Village Festival Hall located at the northwest corner of .�cnter Drive and Huntington Vil).age Way ( 7561 Center Avenue, Lot 49) within the Borth Hu-tington Center Specific Plan pursuant to Article 933 of the Huntington Beach Ordinance Code. I A legal description is on file In the Department of Developmer.i Services Offlce . All inter,.ated persons are invited to attend said hearing and express their opinions for nr againat said appeal . Further inforrati-an may be obtained from the Office of the City Clerk, 2000 Main Street , Huntington Reach, California 92648 - ( 714) 536-5227. Dated: .June 17, 1985 CITY OF n'LINTINGM11 59AC8 Br: Alicia N. V90tvorth City Clerk 1 • , 1 Old w4r ld C hers Assoc ...�• ,,.�, ,� ,� ti 7561 Center Ave. I60 Huntington Beach , CA 92647 _ West ..'oast Soccer I,eac�ue 7561 Center Drive Huntington Beach , CA 92647 11arr7 Schel. le:.baum City of Huntington Beach 16131 Brookhur3t St. P .O . Box 190 Fountain '!a '_ le"1� C;, Huntington Beach , CA 92708 92648 Florian }loer:ner Leonard V . Wise 7561 Center Dr . , Olt 7561 Center Drive 18 Huntington Beach, CA Huntington Beach, CA 92647 9:647 virjil Batesole Harry Schellenbaum :70 Claremore Ave . 7tj61 Center Dr . 016 Long Beach , CA Huntington Beach, C; 90808 92647 Manf re<i B . Erchennurg Chang Wen Pi^g 6 Me:. Yu 7561 Center Ave . , 419 New Owner/7561 Center D;r Huntington Beach , CA Huntington Beach , CA 9264 " 92647 Manfred B . Err-henbur Change Cheng Ping 7561 Center Dr . . Unit 19 7561 W. Center Dr. . 410 tiun:ingt.on 8ea._h , CA Huntington Balch, CA 92647 92647 Er Eiermanns Frederick A. 'willis 75% -!nter Al: e . , 145 4844 Territory Loop Iiur ,tor. Beach, CA Tucson, Arizona 926 85715 Raymond Roh.�nson Petet R. Lick! 756i Center Dr . , $ 22 7561 Center Ave . , 013 Huntington Beach, CA riuntiny•ton 9pach, CA OK647 92647 Francisco Santos Ernst Licht 7561 Center Dr . , 423 Etc 73 i Clay Slate Rd. Huntington Peach, CA O1ey, PA 92647 1954) ,f H.Y. Pang Agatha R. Zuabanstn 7561 Canter Ave . , 124 7561 Center Dr . 115 t . Huntington Beach , CA 92447 Erhard Eelterborn 113 Viato Del Sol N*dondo Beach, U 90211 J%n thong J. Lane 16912 Green St . Huntington Boach, CA �2649 Montgomery W3:d Montgomery Ward Plaza Chicago, * llirois 60671 HLating*,on rater 101.09 Sa,1t, . ;:nic.� Blvd , Suite 24u0 Los Pngeles, CA 90067 Mo wI"*-7vw'T-----' 7 One Pacific Plaza Two 4350 Von Karman is "lewpart- Beach , 92660 j. ___�..._.:.. ... .... _. .�..�. . . a German Evangelical Lutheran Church 7561 Center Avenue Huntington Beach, CA 9 2641 } 1 v L�� Josciphine Tyres Frank Drochler � tail* Erbacher 7341 Canter Avg . , $25 4140 El-Atul Cir . 7561 Center Ave . , 12� 1�gjjncjtaft aeach, CA Fountain Valley, Cm . Huntington 9*ach, t& 92708 92647 Janice E . Melvin Lou*- Wu "-n-Chun 7561 Center Ave . , #27 756). W. Center Ave " , 139 Huntington Beach , CA Huntington Beach, CA 92647 92647 humberto F . Lope. Marion Dorn • .+ •. ; < ..' 7561 Canter Ave . , $ _Z8 7561 W . Canter Dr . ' "kt ' *•' Huntington Beach, CA Huntington ©each , CA •;W ,,, • ,rk. 92647 92647 T . P . Chris Ivan Babic '• . ►.; "! ;. 7561. n Center A,.Ie . , 029 7561 Center %ve . , 041 huntington Beach , CA Huntington Beach , CA •' George Pr. �chler Erika U . Cestr 756 . Center .we . , lc:: 756 ; Center Ave . , 042 Bunt ington Seac!, , C, Huntington Beach, CA 1 . Richard P . Lewis Amer Masri 7561 Center Ave . , 21 Crockett •�: •' Huntington Beach , CA Irvine , CNN Oa vi.: Ro: er De Los Rioa Mercedes 12a33 Sanwa Yolanda Cir . -561 Center Dr . , 044 Fountain :'allc•.• , CA ;iu:�tington Beach , Cry '' d• %�►•� 9_708 92647 t• Renate 'u i(- v Er-,win 2fermanns '7561 Center ',•:e , . A 3 j 7561 Center Ave . , / Z .� Huntingtori Feach , CA riuuntington Beach, CA }. 92647 92647 _ Alfred Skisti,=3 'clang Yin Lang ` 61 Center Ave . , 435 7561 Center Ave . , 146 huntington Rnach, CA Huntington beach, CA 92647 92647 Emile J . Erbacher Scandinavian Pastry Shop West Coast Soccer League, '1561 Center Ave . , 6855 Warner Ave . 7561 Center Drive ffintington Beach, CA untington Beach, CA Hntington beach , CA 92647 92647 92647 Lee ►,iu Yen-Chun Jrsel Petermann Aaner 6 Diane Rasri 7541 Center Ave . , 139 7561 CRnter Ave, 036 Now Owner/7561 Caner Or Xunrington Beach, Ca Huntington mach, 92647 12647 Publ iat-, Jueye 201 1985 WOTICE Of PUBLIC IMARING AMAL TO THE FLANINC t1 WISSION'S f7URAL Of CONDITIONAL USE PZ=1T NO 65-13 NOTICE IS lit-KEEN' GIVEN that a public hearing will > e held by the City Council of they City of Huntington Beech, In the Council Chamber of the Civic Center, Huntington Beach, at the hour of 7 : 10 11.M. , ur ar, noon thereafter as possible on :!ondnN- the lst day of Ju'.y , luNS, feir thi: 1,urpose of considering an Appeal to they Planning Cotrr.-Assion 's denial of Unnditiunal Use ]Per-sit 65-13, e; request; to permit church Aervires and pn officer within the Old World Village. Festival Nall located at the northwest corner of Center I1rive and huntittaton Vilinge Way ( 7561 Center Avenue , Lot 49) within the North Huntington Center Specific. Plan pursuant to Article 913 of the funtington herach Oresinance Code. A legal desc rips ion it on file In the hehart rent of Development Services Office. .,11 Interested persunn are invited to attend said hearing and expreao their opinions for or against wild akipeal . Further information may he Otained from the Office of the City Clerk, 2000 Merin Street , Huntington Beach, California 92646 - ( 714) 536-5227. Dated : June 17, 1985 CITY OF HUNTINGTON BEAr.H My: Alicia M. Wentworth City Clerk Old world Owners Amain . 7561 Center Ave. 060 Huntington !leach, CA 92647 West Coast Socce. League 756.1 Center OrLve Huntington Beach , CA 92647 Harry Schellenbsum City of Hunt ' each 16131 Bro�khurs* St . P .O . 8 FOuntsin Valley , C�� tiu . 9ton 9i!ach, CA 9�i08 48 Florian Hoertn02r Leonard `I. wise 7561 Center Dr . , 01 '' 7561 Center Drive / 8 1 ' Huntington Beach , CA Huntington Beach, CA 3264 " 92647 13a-esole Harry Schellenbaum. 270 C1areTore Ave . i561 Center Dr. 116 Lone :leach , CA Huntington Beach , CA 90808 912647 Manfred n . F.rchenburg Chang Wen Ping i Mai Yu 7561 Center Ave . , 119 New Owner/7561 Center Or }iunt.ington Beach, CA Huntington Beach , CA 92647, 92647 i :lanfred B . Erchenbur� Change Chenq Ping 756= Center Dr . , L'nit 19 7561 W . Center Dr . 410 Huntington Beach, CA Huntington Peach, CA 9264 " 92647 Er-wir. fiermanns Frederick A . Willis 7561 Center Ave . , $ 45 4844 Territory Loop Huntington Beach, CA Tucson, Arizona 92647 85715 Raymond Robinson Peter R. Lick! 7561 Center Dr . , 42-1 7561 Center Ave . , 113 Huntington Beach , CA Huntington Beach , CA � 9 :647 92647 Francisco Santos Ernst Licht 7561 Center Dr . , 123 Rt 73 i Clay Slate Ikd. Huntington Beach, CA Oley , PA 92647 19547 H .Y. Pang Agatha R. tuibansen y / 7561 Center Ave. , 124 7561 Center or. $1S j 1I N, Huntington beach, CJ1 92447 113 oista► Del Sol lt"Oftdo Beach, CA 90277 Anthony J . Lane 16912 Green 5t , Huntington Beach, CA 92649 Montgomery Ward Montgomery Ward Plaza Chicago , Illinois 60671 Huntington Center 10100 Santa Monica Blvd . Suite 2400 Los Ani;,el,es , CA 90067 One Pacific Plaza Two . � 435t, ton t:arman Ste � ,� Newport Beach , CA 92660 II t � 1 V German Evangelical Luthe;-an Church j 7561 Center Avenue Huntington Beach, CA i 92647 ,1 i Jasophine Tyree Frank Dreehler Emile Erbacher 1561 •Conter Ave . , 025 140 E1-Acu1 Cir . 7561 Center Ave. , 151 Vjgj ngton Beach, CA auntain Valley, Ca . Huntington beach, A 92706 92647 Janice E. Melvin Lee Wu Yen-Chun 7561 Center Ave. , 027 7561 W. Center Ave. , 139 Huntington beach, CA Huntington Beach, CA 92647 92647 Humberto F . Lopez Marion Dorn 7561 Center Ave . , $ 28 7561 W. Center Dr . Huntington reach , CA Huntington Leach, CA 92647 92647 T . R. Chris Ivan Aabic 7561 W Center Ave . , t29 7561 Center Ave . , 441 }iuntington Beach, CA Huntington Beach , CA 91647 962647 George Preschler Erika 11 . Cestr 7561 Center Ave . , $El 7561 Center Ave . , 042 Huntington Beach , CA Huntington Beach, CA 92C4 92647 Richard P . Lewis :=er Masri 7561 Center Ave . , O31 21 Crockett Huntingtons Beach , CA Irvine , CA 92647 92714 David Ro:er De Los Rios Mercedes 18433 Sants Yolanda Cir . 75CI Center Dr . , 144 Fountain Valley , CA Huntington beach, CA 9270p 92647 � Ftena •..�. I . Quigle, Erwin ltermanns 7561 Center Ave , . t33 7561 Center Ave. , i " Huntington Beach, CA ffuuntington Beach, CA 1)26; 7 92647 F,lfred Skistimas gang Yin Lang 7561 C-nter Ave . , 035 7561 Center Ave . , 446 liunti.ngton Ut!ach , CA Huntington beach, CA 92647 92647 Emile J . Erbac:aer Scandinavian Pastry Shop west Coast Soccer League 7561 Center Ave . , 038 6855 garner Ave. 7561 Center Drive Huntington Beach , CA untington Beach, CA ttntington Beach, CA 92647 92647 92647 Lee Wu Yen-Chun Ursel Petermann Amer i Diane Mari 7561 Center Ave . , 439 7561 Center Ave , 136 New C'wner/7561 Cent Dr .' Huntington beach. Ca Huntington Dcateh, 92647 92647 NEOUEf"'or FOR CITY COUNCO) ACTION Date ��.. _iYIL 21 ilubrrtitwto: Honorable Mayor and City Council SubrWtWby: Charles W. Thompson, City Adrinistcatorl•"ar Pr"edby: James W . Palin , Director , Development Services CIO Subject: COND I TI OV.k U USE PERMIT NO. 8`a-1 3 - APPEAI. rrooittant with Council Policy? oQ Yes ( J Now Policy or Exception Stat«rtrnt of ism, Recomnwndation, Analysis, Fundinq Source, Altsrnativa Actions, Attadrmrrtts: STATEMENT OF ISSUE: Attached for the Council ' s review and action is an Appeal to the Planning Commission ' s denial of Conditional Use Permit No. 95-13, a request to permit the establishment of a church office and to hold church services within the festival hall at Old World Village . RECOMMENDATION: i Planning Commission action and rt-cumnendation : ON MOTION BY EPSY111F ANC SECOND BY POwE: , CONDITIONAL USE PERMIT NO . 85-13 WAS DFNIF.D BY TNF FOLLOWINC VO". E : AYES : Powe , Li vengood , Fish ine , Porter , Mir )ahangi r NOES : hinchel1 , Schuma;Tier ABSENT: None ABSTAIN: too ne The Planning Commission recommends that the City Council .phold the Commission ' s action taken on Ju-ie 4 , 1965 and deny Conditional Use Permit No. 85-13 with thN following findings : FINDINGS FOP DFNIAL: 1 . The proposed use will have a detrimental effect upon the general hhalth , safety , welfare or convenience of persons residing or working in the area and is detrimental to the value of the property and improvements in the neighborhood since parking and on-site facilities are not adequate for public assembly. 2 . The proposed use is not compatible with surrounding land uses which include apartments, commercial businesses and residences . "°4 J 3 . The proposed combination and relationship of uses to one another on the site are tat properly integrated, 4 . The proposed cccLess to and parking for the. various church uses will create traffic or circulation problems . The Staff recommends that the City Council approve Conditional Use Permit No . 85-13 based on the followinq findings : SUGGESTED FINDINGS FOR APPROVAL: 1 . The proposed use will not have a attrimental effect upon the general health , safety , welfare or convenience of persons residing or working in the area nor be detriment&l to the value of the property and improvements in the neighborhood since parking and on-site facilities are adequate for public assembly. 2 . The proposed use is in conformance with the City 's adopted General Plan . 3 . The proposed use is compatible with surrounding land uses which include apartments , commercial businesses and residences since public assembly has previously been approved in the festival hall at Old World Village with no appreciable negative impacts . 4 . The proposed location , site layout and design will properly adopt the proposed uses to streets , driveways and other adjacent st.ructuren and uses in a harmonious manner . 5 . The F-oposed combination and relationship of uses to one another on the site are properly integrated . 6 . The propos►!.d access to and parking for the various church uses will not create trz.ffic or circulation problems due to the availability of 375 en-site parking spaces end adjacent parking I area, and the occupancy limitation to a maximum of 350 persona . ANALYSIS: 2plicant : German Evangelical Lutheran Church 7561 Center Drive Appellant : German Evaugp1 ical Lutheran Church Request : To permit the establishment of a church office and to permit 4 to 6 special church services within the festival hall at Old World Village . Conditional Use permit No. 85-13 is a request to permit worship services and a church office within the festival hall at Old World Village. The church services would be held on lour to sir special occasions , such as the major religious holidays , to accommdate the additional people . The applicant does not intend to use the festival hall for weekly worship services . RCA - Jun* 21 , 1905 -1- { 2711d) If approved, the applicant would also like to use the festival hall for weekly Bingo games . A Bingo license is issuitd by the Department of Administrative Services, Development services and the Police Department . If approved, the Bingo games would be held weekly on Monday evenings from approximately 6 : 00 PM to 12 : 00 rlidr►ight . Approval of a bingo license doer not require any action by the Planning Commission or City Council . I The facility was originally approved with 375 on-site parking spacen and also has the use of one-half of one-Pacific Plaza ' s ground-level � parking slaces located within 200 feet of the west coast soccer league parcel ( Old World ) . ?he applicant has indicated he would like to provide 80 tables , seating 5 people each , for a total occupancy of 400 persons , The parking requirement for this type of use is one parking space for each three fixed seats . The current occupant load for the fentival hall has been ::et at 400 persons by Development Services and the Fire Department. , In their review of Conditional Use Permit tic . 85-13 , the Planning Commission was concerned with the following issues : A . Non-;:ompatibi 1 i ty of `.he proposed' use with :surrounding land urge B. inadequate parkinti for church worshipers and residents of Old World Village . C. Traffic and circulation problems on-site and adjacent to Old World Village . Based on the above issues and the attached findings , the Planning Commission aenied Conditional Use Permit tic. 85-13 . Attached for the City council ' s review is the applicant ' s letter of appeal . FNVIPOt:MFt.TAI. STATUS : Pursuant to the provision. if the California fnvironipenta.l Quality Act the proposed use is cateaorically exempt and no environmental review is necessary at this cirre . FUNDING SOURCE: Not applicable , ALTERNATIVE ACTIONS: Approve Conditional Use Permit No, 85-13 wii.h the suggested findings and conditions of approval listed in the attached modified staff report dated May 7 , 1985 ( Attachment No . 4 ) . XCA - June 21 , 1985 -3-• ( 2711d ) 1 1 . Letter of appeal dated June 14 , 1985 { 2 . Planning Commission minutes dated dune 4 , 1985 3 . Staff Report dated June 4 , 1985 4 . Staff Report dated May 7, 1985 S . Kemu from Gail Hutton dated May 28 , 1985 6 . Letter from Jultetta Lewis dated May 17 , 1995 JWP: MS: kla i f MCA - june 21 + 1985 dft4- t 3�11d� � Community Cl) Deutsche Evangelisch-Lutheriche Kirche ii�1 Cer«1eM Auerm.ee ah 1"tI40eaw 6006%, C. 1264] kUMtr"ra& V 1W •EACH.Ctt,Ir' ' 00"SMir SERVICE:: 6630 EhsbM �«�.►. W. olere► r., �lll'M �� 12 49 PM ►Q� 1100 QWMbM June 1291985. The honorable City Council City of lfiintingte�n Fe:ir!i 2000 Main Street Hunt i n�t on Reach, Ca. �''fi�•'i , Honorable Council Members , We Wish to appeal the decisioll of the Plitnnini; Commission on Conditional Use Permit No. u5-13 to permit a church office and rhurch services cin specific OCC13SIOns nl►t ti, etc:e,etl f, times .i vear in rhe Old World Festival Ball . The st.af f had reviewed our request and recorrnended approval . Tlii� Germ.in Evanvelical Lutheran Church ( .hick is the German-speaking congregation ) and they Apnstle Christ ian C(ingregat ion (which is the Englisfi- speaking c_ongr(-gation ) have in the past five years , with the approval of the Home Mner' Ass,)ci ,►t i4in , hvId many c-%viits in the Festival Hall . Me-fibers of the• r Iv r,,,in, i l h,i vse he+.?n i nvi t old and mariv of vilii h.ivi- .it t e-ndt-d t hs-se oc c as i tins. Farly this year we were informud b% city staff that i ccinditiontil use permit was required fnr they services in the Festival Hall . We immediately cancelled eiur Easter event inspite of the, fact that it caused considerable hardsh1p. We applied for the permit follo►. ing the instructions of they Secretary of the Planning Commission . We cannot believe that a worship service is detrimental upon the i general health , safety, welfare or convenience of persons residing or working in the area, and th,it our prayers ary detrimental to the value of the property and improvements in the neighborhood . The cowaission , with two exceptions, . + ►« Ak• i - 7 setmed tc) mnkeb it cIcar that if we ►ruuld drink i list vad of prig• tic would nut he ct det r iment . III church has :;ul• 1 itI mtIst e►•1`r Yunr i n t hc' 01,1 Wor lti itncl has a pe•t It i(in signed by tlit` mn.loritl• t►t the I►enplt• liviliv l.,)rkivg, l,r owning, piolm-rtt.• in tlit- Old Wclirlti. Also . cit ►' !;t ,itt !aent 1-lit I l.t'i;.tl Nol itt• 'A Publi ( Ife,frirlp, with the' result living milli t ►.t•, f ani l !v!: t,l1imsing mt requt'!it . It aljjwill'.`, that thc!ie` t ht) families ill-(- lit lit Igat itill With t tit. 6-16- •I ( l,t•r Ott ttit- Old k'(,r I f ,ind t hure# ory dill sv allyt hi n>~ wh It 11 R)1 f;ht ht r;'f i t 1 tit. je%I.I ir t tiv Oili >,t'tlr Id Wt• ;ire• !:ury ) uu .t1e,' f ,tnlill,l: Mitil tf►,It ; I ,11It•rl. We tit'1 ieve t hilt 1.1' ,Irt- u, 1 il,u % tit, t „ .1pprowe arivt hing tNo has nt)t been ri1111rtvvil bo ,rt'• Tilt' ImII 1 ,1lit-,1-1► 1 .1tt'li tI,I Vti�) lll`111111, t-► till` I)t`1't'It)l mellt :act %' 11 v ,)nti t lit' F I I1• 11ep-11 1r:en1 • Al I tit• ,)1 ,- ,14 111i; 1 t he t!pport till 1 U tP I.1 t t,L if•v`�t'f^tl I I. I it 1 lit' 11 I t m ,ol ht lil r 1't , l)1 ie . I lit' Rva I F.-,t ill t' i tIt7L ,1 .,S I III, 1me'1't `• t tlt'rr I'm 1- .1 1.1'14, and I tit,lit,t t hilt they have a Co..Idl1 1,11,11 17!:t• I)t'tmlI . I !, ililt IvaII that dalivi'l1,1r ; I',• i`lt', t t l l l I t tell , Rev . I 1 et t!t i Attl;t'r �l'+lc Wit:f» �`,L�,•t!'., t;ill Labrent!c 6,"70��? Ernst Winkler ? . A cnp} the re voriJed t r.ict raj) 0)al 1 be t i ied with tht heEtt% rtOl�'nt De:vc'lc�hrr+t•nt. :�c'evlt•1.!; 1►r tur t o 1 :� rttJ,�nr. r• c11 huj 1ding iseim 3 . (►I1 i t v w•at vt 0."1 IN, I+t• rim-: t rttt•t t•tt .t nit (I#• tf r+it r•ti per Pit hIic Wctrk; r ,-+Iuirr nit•nl . On -s i t e :;1'wv r em '.:ha I 1 ht• 1'r 1 `1�,T'r.,, !+u t 1 :, :,1;t► It ► t t :., f+tih 11 c• W(. r w :-, r t•(It1 t r vtre11t :: . �1 C-A CONDITIONAL LINE: PH?MIT HO. 6cj - 1 3 Applicant : Cerman f:vanq , Luth.,ran Church Conditional Use llermr t tio . 6t1 3 1 'i rtiyuest Co rerr i t a church c'h office to he located in the fe st teal hall at nlcl Wor la 'Villantr and to permit worship ,�orvicvs on spucifioc (Ale-ISIOnS ptlr :;want. t4 Section 9331 ( h ) unclassified ossis of the Ordinancu Codr . of *Condit ional U:ie. 1,#,rmit No . 8 `. -- 13 i s a1,prn e.1 by `the, Cor.:n ; acinn , the appl i cant wou I d .h I .,,o I i kv t (► List• t ht• f 1-st i va 1 01a: 11 f or Ft 1 ntlo t r_ help stipp1rt t_ht• ir 1T• 1 ::I; t (1n worIt, ,►nt: Iist ► I.#, ir bijiIltinit hind t+j conr:t r uct the 1 r t►wn chtir t-h . P--v i ,•w t+ i t tit ritit+ I 1 cosh it (lttit•:; not roqu i r e .any act 1 (in l+y t Ipt. V 1 •tn►i ► ntr cti: 7'11F- PWILIC 11E AU I N(; WA;, ( !'F11VI1 Pov(-tond 1iI t-:: : , :tl+l+ l i cant , 1�okt• 1 n ::t.ppot t (, t t tif- ►-t nl,(►: ,j H of)l•Ct F? 111 •"' ► e'I+It":t'I1t1rlt7 ill i:ltrl �! ( r..►lt•r T�::::t)� : +1t1t1r} � expressed t he c•(►ncor n oI :ct. vI at peopl1� 1 n opl o.-, i t ► (in of the proposa There wert;• no othor po: tons to sprat f or +►r aQa in.st rrOpcsal and t. ne. Imb1 is hear 1 nt, was rlos(•tj , Commissioner WincheII asked staff 1 . tt:•-, church was established . Mike Adams of staff Jt•s . Corri :;:-.ionPr F'rs'. ine state.'d he would be' voting against the proho::a 1 duo, to the fact that the church only golds :,ervicc's on f+ occasions a yt_•tir but wants to 1101ci birgo week ly . COMM i ss Toner Schumacher :,tviclest t.-a al•hrova 1 o f t he prof;ona 1 excluding the binge . She ,,gated that :;thy' coU1c, nc,t 91ctn}' LUX r iyht for a church organi ?at ion to Fold services . i ON MOTION BY ERSVINE: AND SF'COND I?Y K-VE: CONDITIC14AL 1JSF' 1IFFMIT ?70. 85-13 WAS DF'NIFD h' ITF+ FINDINGS BY THE. FOLLOWING % CITE; : AYES : Rowe , I. r vir-n ooc: F r:ck i 9 t n•• Ic,rtc r kr t 3rlhanc. ir NOES : Winchel1 , Schumacher ABSENT: None. ABS':A I N: None A7ruA ttt 4 AO. .7 (�68►i� ) -1 l - P. C. 6 -4i85 I 0 PINDINCS FOR DENIAL: -r-ram-•---- 1 . The proposed use will have a detr ipiental ei fect, upon the general health , safety, welfare or convenience of persons residing or working in the area anti is detrimr.ittal to the value of the property and i.mprovopients in Lbe fie igh1jorhood sinco parking hpil on -site faci 1 i t ies are not adequate for public assembly .- 2 . The pruposed ust- in not eonpat i t,l c• with ,ur r1►undi ng land uses which include apartments , commo,rcial busine.,;.-ser, and re, idences . 3 . The proposed combination and relationship of usca to one Another on thv site are not properly integrator, . 4 . The proposed accoss to and parking for the various church uses will create trattis or circulation prohlems . C- CODF AMENDMENT t10. 85 -7 FXCAVATION OF 1.AlJDF11.1,S licant : `City_of Huntington Reach _ On Septe )er 1 , 1983 the City Council adopted Ordinance No . 2650 , an urgency rdinanr,- for �� p<•riod ;�I �i5 c±as , p:ohibit. ing any [1i �e.ur1)ancfe 'xcavat ion or rerrova l of in- riat ,t i , 1 trot" the A.:con I,�nof i 1 1 , On tol�r•r 17 , 196 3 , th•• Ci t y Cc one i 1 t hroucrh aaopt ion of Urgs•ncy r,rrlinanc 1, 1 , xt ►,nded t hr rot ;ytor t i:r- on t ►i,• , excavdt inn c►f twat t-r*aI t rnri t l,, A:Grin 1.1snclf i 1 I fret •, F►t�rind of I (i mo1)t h:; .111(1 111.) aay:; , #"'iq I r t nn nri vet ,-r t��� t : fi , I Q11 4 . '�ht i.� ':� 1 c►1�-.►gin+ • Sti r v i c•,:: Di-11c,e r t men t !A , t •oia:, Airectvij t,y Council t:j r i n(; t t,c- � c moratorium perk><I to 1,rc•1� c° yin tirrr-ncirent to f) ivi `; ic�n p of thy- Ordinance ( city , t h, t wou l �� Oyu 1 a t nd on ,;u r t l,:• r1rops. r I ovt: 1 r,f vtivironrr:ir--ntal enntro) and .af _ } over any proponaI t 1.) excavate a landfill . ` THE. PUBLIC HF.ARINC, h'AS C'PFNFD Beverly Titus , Cha i rpo;�rron of Ad-hoc-N ommi t tee for the Ancon Landfill , stat_f-0 that. she 'gas rvvl �,wec± the taff and is [.: eased with thc• :,taff recomr,endat ion:; . Mike Adams asked the '-omminrion i f sta ! f could c='Nr"ir.ate the distance of nitification for the City Council t"eeti. a from 112 rile to 300 fee : which thr- Commission stat:-d th '11 tt"ey wou incorporate this into the rotion , ON MOTION BY MIRJANA.I(; " AND jF:COND BY FPSxIN IT IS RECOMM DED TO ('ITY COUNCIL APPRGVAL r CODE AMEN'DPOPIT I"). 83J-7 WITH, THE PEQ T OF TH REDUCTION OF N0'F'IF'ICAT10t, RADzG'S BY THE FOL1.0WING VOTE: AYES : Howe , Wincnell , I.ivengood, • Erskine, Porter , Mxr ;ahangir HOES: - Nonv ABSENT: Schumacher out of the room ABSTAIN: None ( 2684d ) • -12- P.C. 6- 4/65 'I r'�Unth* n beach dev*10pnA seiwtsas 6404tt"Wo . STAf F 'REP 7TC: Planning Commission FROM : Development Services DATE: ,;une 4 , 1985 SUBJECT : CONDITIONAL USE PERMIT 110. 85-13 Conditional Use Permit No . 85-13 was continued to the June 4 , 1985 meeting due to the 11 : 00 PM curfew set by the Commission for public hearing items . F Conditional Use Permit No . 85-13 is a request to permit. church • services and an office in the festival hall at Old World Village . The proposed church service!-, would be held on four fo six 'special occasions , such as the r}a]or religious holidays . If Conditional Use f Permit No . 85-1 3 is approved by the Corr:.+. sr icon, the-applicant intends to apply for a binoo permit through the Departr-ent of Adrtnistrative Services . Peview of a binan permit ooe, not require any action by the Plannirra Commission . The 3t. tached staff report has been slightly modified frt)r t- hc, report (:., tpu May' 7 , 1985 . Although the s aff is still ro- cor.riendinq approval of Conditional Use pt� rr it flct . 85- 11 , th m1nor wOrc: revisions wort, necessary to clarify the report . (. n May 7. 1 , 1985 , tht• r.epartm -nt of Services requeFted a 1e!c;al opinion from the City tornvy regarding the issuance of an order to Dosirt. arm Fetrain , .-:iued th� Dc►pz,ttrent of Real Estate (a copy of the ort:er was ; risvrted in your packet ) on March 70 1985 . The City At tornoy was asked to determine whether it was appropriate - for the Corr. Insion to take action on Conditional Use Permit No . 85-13 in l inht c. ; Lhe Desist and F•,efrain Order . The city At. tornwy- has &- terminecl that the Real Fstate Ccr,missioner 's ordf.-r to de list ana refrain f r :)r7 selling and leasin.; th% subject property does not bar the City from issuinn i, Conditional Use permit . A copy r-f the city Attorney ' s opinion is attached Cot the Commission ' s review. The Citr Attorney '31so indicated that the City could validly impose a condition of ccnpliance with the state laws regarding subdivided lands and Suggestec the following condition . Prior to the issuance of the conditional use permit , the applicant shall supply evidence that the applicant has a valid . . and current public report issued pursuant to Gavernment Code section 11000 , et seq . , from the Department otrFtoal FjOE'ate permitting lease of the subject property to the applicant . �r ��sta��e�� I1M►. It Conditional Use Permit No. 85-•13 it approved by the planning CbsWtsaion 'the staff rocommenda that the aforementioned condition be inct ..ded in the approval . ATTACHMENTS: f 1 . Staff Report dated May 7 , 1985 ( Modified ) x. Area 'map 3, floor plan dated April 17, 1985 • 4 . site plan + S. Letter from applicant dated March 7 , 1985 S: kla I i • staff ftpoct K M brr�h �Mrwlo�p +�r'vM�+� i�t11�11t eraff . �IEPORIL TO: Planning Commission FROM : Development Services DATE: May 7 , 1985 ( Modified ) SUBJECT: CONDITIONAL USE PFRMIT NO. 85-•13 APPLICANT: German Fvang . DATE ACCEPT•F.D: Lutheran Church Api1l -77; 1985 QUA: To permit the establish- MA1�Oi?Y PPOCESSI NG DATE : • meet of a church office June 1, -M and church services ' within the fevti�al hall ZONE : north Huntington at Old world Villaae ;:enter Specific Plan GENFRAL PLAN: Kixed LOCATION: 7561 Center Drive Development ( northwest corner of , Center Drive and rx: s7iim USE : Old World Huntington %- illayvs Way ) 1 . 0 SUGGESTFI) ACC'II0N: ' Approve Conditional. Use Permit No . 85-1 3 basvtj on the findings and conditions of approval outlined in this report . ` r � 2 . 0 GF.NEPAI. Il;FUPMATI011 : Conditional Use PE•rnit No . 65-li is a request to permit a church office to be located in the festival hall at Old World Village and to permit worship services on specified occasions pursuant to Section 9331 (t) ) unclassified uses of the ordinance `Code . If Conditional Use Permit No . 95-11 is approved by the Commission, the applicant would also like t.n use the festival hall for bingo to help support their mission work and for tt-s-iz building fund to construct their own church . Heview of a bi::yo license does not require any action by the Planning Commission . ' 1 r# 4r 1 k 3. 0 SURROUNDING LAND USE, ZUNINC AND GENERAL PLAN Dt$IGNA?ION$s Subject Pro•Mrty. GENERAL Pr.A.N DESIGNATION: Mixed Development ZONE: N.H.C. S. P. ' LAND USF: Commercial and Residential ' (Old world Village ) -North of subject Property : CENERAL PLAN DESIGNATIONt: Mixed Development ZONE: N. H. C. S. P. LAND USE: Existing apartment complex East of Subject Property : GENERAL PLAN DESIGNATION: Mixed Development ' ZONE: 14. If . C . S . P. i LAND USE: Office complex South of Sub 'ect Pro erty : GENERAL PLAN DESIGNATION: General Commercial ZONE: POS , Recreational Open Space LAND USE: Vacant ( Edision P . O. k; ) i West of Suh ect Property : f GENEPAI, PI.ktt D :S IGt.AT ION : Mixed Peve 1 oprren t f ZONE: V1 , Light Planufacturin,g District LAND USE : Vacant ( Pailroad P . O.W. ) 4 . 0 Et:VIPONMENTAI, STATUS : �. .f .. Pursuant to the provisions of the California Envir6nmental %jual ity Act the proposed use is categorically Exempt and no environmental review is necessary at this time . 5 . 0 PFDEVELCPMEEIT STATUS : The proposal is within the Huntington Center Redevelopment Project Area and has been reviewed by the Redevelopment Staff with no additional concerns identified . 6 . 0 ISSUES AND ANALYSIS : Conditiona•1 Use Permit No . 85-13 is a request to permit woiship services and a church ottice within the Pest{ val hall at Old World ' Willagt. The church services would be hold on four; to silt special • } occasions , such as the major religious holidays , to 'accommodate the additional people. if approved, the applicant would also like to use the festival hall for Meekly Bingo gases . A Bingo license it issued by the Department of Administrative Services$,, Develorwnt staft Repent 6/4/E5 1237*di Services and the Police Department . If approved, the Bingo gags would be held weekly on Monday evenings from approximately 6 : 00 p. m. to 12 : 00 midnight . Approval of a Bingo license does not require any ae' ion by the Planning Commission. The facility was originally approved with 375 on-site parking spaces and also has the use of one-half of One-Pacific Plurals ground-level parking spaces located within 200 feet of the west- coast soccer league parcel . The applicant has indicated tie would like to provide .80 gables , seating 5 peoples each , for a total occupancy of 400 persons . The parking requirement for this type of use is one parking space for each three fixed seats . Using the above ratio, the proposed use would be required to provide 134 parking spaces for 400 persons . The current occupant load for the festival hall has been .yet at 400 by Development Services and the Fire Lepartment . by limiting the occupancy to 350 for the church services , parking will be adequate and no appreciable parking problems are likely to occur with the proposed use , 7 . 0 RECOMMENDATION: Staff recommends the Planningl commission approve Conditional Use Permit No . 85-13 based on the following findings and conditions of approval . FINDINGS FOR APPPOVAL : 1 . 7'he propos(-d u:;12 will not 1JWWV a CL-trirental effi,Lt upon the gi'neraI h(•a1th , ,-afetl , w�:hare or con%,enience of perr son 1: . residinc: or worki no in t t�c� area nrir bt- tietr imenta l to the value of the property and imprLVement :; in the neighborhood since parking and on-site facilities are aoe quate:• for' put, l is assembly. Z . The proposed use is in conformance with they City 's adopted General Plan . " ^ 3 . The proposed use i .-, compatible with surrounding lava uses which include apartment;; , cor,,,.e,rcial businesses and residences since public assembly has previously been approved in the festival i ha 1 i. at C�i d World vi 1 1 aqv with no appreciable negative impacts . 4 . The propc�sca local ion , site la%out and design will properly G adopt the propon-o d uses to streetts , driveways and other adjacent structures and uses in a harmonious manner . 5 . The proposed combination and relationship of uses to one another on the site area properly integrated, 6 . The proposed access to and parking for the various church uses. will not create traffic or circulation probleka due to the • - availahility of 375 on-site parking epaces and -adjacent parking area ind the occupAtncy limitation to a maximum of 350 persons. staff 8eport - 6/4/85 -3- 123764i SUGGESTED OCONGITIONS• OF AFPAOVAL: 1 . The floor plan received and dated April 17, 1985 shall be the approved layout . J 2 . The hours of operation shall be limited to 1 : 06 a .m. for all evening church services . 3. The applicant shall comply with all applicable local , State, and Federal fire codes ordinances and standards prior to occupancy, 4 . The occupancy of the festival hall shall not exceed 350 persons for the worship services . ATTACS1MFIITS: 1 . Area ;ap 1 . Floor plan 3 . Site. plan 4 . Narrative from the applicant dated March 7 , 1985 . J ; kla ' j II 1 � r I Start Repott 0/4/15 f �N SECTIONAL QISMICT MAP 14-5-11 ' ..III CITY 1 •t••lhJ . • •It1�31i lily •i /w1•.I: �•1 • •Mi' �.'� •/w 1 ► 1• •••.•r•if•��f11 1f MIHUN I i I A I -I '••1 1 f4 N 111 t1/rf1 •.al + 1 ` i ft I UI OR A NC ■/i.I 1 .11 ' � � '�' •, � � . :� '. "�'' t '� � ' :� 1 /' f'i.wr. .r, =r. . .•.y. AMIM40 ov :ow CAM .66 • • 1•r1 ' 1` 1 �f l S• r s 1 • / 11 i rr. 1 t Ht •. ►.i i�t , 1 � � r t II• � 6 ' � 3 V ��j .� f: s..�►Ii• •..� d. ■ A r 1 _f1 L . .. 0 j _ l a,.. .rr ��...... .�. .^...__..��_._ .«w �•\r-..��_..___..., ..ter-�.__-� •. �..._.�.�.."..t -�+•�; r •M••• / � IIMI ---s WJZ6 0 'O".0089w* HJv lb Of a► 71 lip 17 7 Fl 1H C-.f 1�+vs 71d two 't Li ( alIT _ F --- t ............. ii OWN,ANOW7 1 . 1 1 � ' Ir r tz I. 1 t. _ � •� Mom ' ly� r ►C PIL 1 � 1 1• 1 . r� rrrr • N* w iv rut a«� • � 4A raver . . . ooll rK loe lool . .. . . . ... . . :. • . . . . . /�'�f% ` ►tic ( I ! /�� r + J^'. )�:r �� i'•�:/ 7• i (�. �/.r fir'^7f [ f-,:.��' ,•7.i?.r -,•„'��l . .��'�!�'J'..• t • �� �h� fo lip otry GIF slum Mew row on" INTER-DEPARTMENT COMMUNICATION r Jo Jim Palici From Gail Fiuttoc .. , Director of Development Services City .Attorney • "Oct CUP 85-13 , Old World Date May 28 ,• 1985 r " You have inquired whether the pending application for a conditional use permit is .affected by the cease and desist order issued by t-he California Department of Real. Estate . Apparently , Old riorld is a planned de,:eloprcent aubc!ivision subject to thc; regulations of file California Depa.tmet t of Real Estate . The Department has is:,ued an order for the owner ::o desist and refrain from further:, selling , exchanging , or leasing ar.,• e : the parcels ir. thki sul.di : t; l.on until an amended pub" 1L report is issut_cl by the UepartmeAt- . The ,ubjC_- t :onditional permit aIn.,Iicat ion is a request for a land use ti+2rmit , and it does nr•t lnvo _ve af,pI-o,tin-J any 1cases . (,vneral ly , l ht• Inn:. Of tho I;t'al, Estate Coon, i :;.; 1f)ner .tre v.,ifor'ced '.,,.• .' it; I S not Chargt,�d With i ther t }.-.- or th't' th,:st: ':ilrtl '.. tar I"�' :;t ;':L't1t;..:i . ;•11: ! 11t':' , 1 '_ ►'�lrlrl�:)t �.'C i�t�� t_'J:;''. 1:U►� ) from t- t.t.' ri.ttt• r I .11 .. sl)l'r� l1Cl1 t e L.:; nc,t anlie11":.ilAll ..;i .�.,�•1_!",1t1 C:l�o --)I 1;as o 11 ,1.rl' , or• , If 30 , '6* tt._`thez' It. was into v l tht't' i r : ;)1' :o Or . tt,r t he Ci'.]5C �tC1Ci (:t :; I l't!t r l:'•�ilit' ,'•A ,'tI � , l q ; "� . l !, lrl�.' L .'trf:t , 12 there is .t !;,ilo o, suodi%- Islort i .lw:; , t.a.lt -o�L,-U ci lit.: Ct Of husinvq.; and YrO�t.:' `'• lotls c' i,' ';t't:c lc�c; i 1111Fi . :' , C;1: C)t'C�'.2 ley 0i"o not thl�ci�c •. i'i ;;al l ; , t1.er1• : s no r:v..us boo- i!vn ' he p:•ol)os(:d co;ldit :u: '11 a st. permit the problens catininq the desi st orctt_•r . %.;L ';t rt'l a to fa i l iT."; to 1111y th:! merit hl,. assess;-ents to �I:� :.e7-.�'r�::nc�r : ' as.�Clat :or. orl unsold lots . l-)n th►o, ilea 1 I::;ta t• Con," �ililwit!r ' :i ordt' r' to III our tij: : a: df!sist Dina refrain :rom oollin.; and does not bar the city fror. issuing the conditiori411 use permit sought . Ili I{owe,:er , the City could Validly inpo:;t' a con:lition of 'S Compliance if i t 1 the 5ta :c.' laws re..-larl ,m-; sub.i ivided land$ . Such a .-condition nicht react as follows : t prior to the issuance of the conditional us,e permit , th:? .appi ic.int shall supply evidence that th1�, applicant has CA Valie and current public report issued pursuant to Gov ' t Code station 11000 , ut seq., from the Department. of Xb;n Est'Ec permitting lease of the subject peoperty • to the applicant . ' Alise 4v%* Afoo, S* r 00 May 17 , 1989 Mr. Tom Livengood Chairman , Planning Commission City of Huntington Beach 2000 Main .street Huntington Beach, Ca. 92646 i Dear Sir: Reg . : C.U. P. 85-13 It has come to our attention that Jurgen Bless , pastor of the new church German Evangelical Lutheran Church in America, has presented , as the condition of his request , a signed lease agreement with west Coas _ Soccer League for the use of the Festival hall for a k ;-urch sanctuar7. Supposedly this agreement will not bec.me effective until the City of Huntington Beach approves C. U. P. 85-13 . I Enclosed is a copy of a he:; i st and Fief rain Order 111-443-SA File 137618LA (Old World , orange County , Cinliforni.a) issued by the Department of Real EsLate dated 3-1-85 and .filed 3- 14-85. i We have confer red with the, rjaparLment of Real Estate regarding the i.sr-uance of a permit ba%;ed on such lease agreement . Their opinion is : 1 ) Any property owned by west Coast Soccer League could not be ,old , lea ed , transfercd , exchanging ate . at the present time. 2 ) "Old world" is a Planned Unit Dovelr:,-)n:e•r,t and therefore there shall he no :ha^ye in this projc•:t and raking the Beergarden apart time church , r.ovk concert. hall III or bingo parlor is a MAJOR 1111ATERIAL CHANGE of the original plan that will require an amendmcrnt to the PvYjlic Report . loathing has been done. Any furth•- r information or questions regarding this file should be directed to : Mr. Ed Gran*. Department of Real Estate 107 S . Broadway - Suite 8607 ' Los Angeles , Ca . 90012 ph. : (Zl31) 620- 5903 s��t�►,�..�` rlllir. i► . - Mr, g+arr Lives page two Also enclosed, please find a copy of a Declaration of Jurgen Gloss to the Department of Real Ratate in which he states the fact that he never contacted the Homeowners Asocistion board of Directors regarding his establishing his several other churches and therefore we have been burdened ever since by his never ending string of wfoddings , receptions (sometimes 6 and 7 a day) and bingo without any park+nq avallable left for the other 0 shopkeepers (see enclosed letter regarding parking) . The original signed copy is at the Department of Real Est,,tte and can be obtained. Parking should be availabe to the other 45 homeowners and retail merchants 24 hours a day and not like the situation we have now, for the benefit of one . Thank you for your cooperation. Sincerely yours, r itui etta Lewis cc: Members of the`-Planning Commianion Members of the City Council Gail Mutton, City Attorney Police Department , Vice Squad jim Palin Mike Strange t�w i bpart"nt of A081 Notate 10 south N roadway , wow 8107 s Los Ange les , California 90012 3 ( 213) $20- 4790 t�� � .' : j c� ' "t :1,�tf 1 ��iiLML�► �• �. I , 6 7 S DFPARTMNT OF PEAL ESTATE 9 STATE OF CALIFORNIA 10 + 11 TO: ) No. H-141..5A 12 WEST COAST SOCCER LEAGUE , ) ORDtR TO DESIST a California corporation . ) 13 ) AND REFRAIN 14 RE : FILE NO . 37618 LA , "OLD WORLD" , ORANGE COUNTY , CALIFORNIA 10 18 Upon the findings set forth below , the Department of 17 Real Estate of the State of California thereinafter "Department") 18 has made a determination that you have failed to comply with 10 Section 2800 (k) , Title 10 , California Administrative Code, and 20 Section 11012 of the ausivoss and Professions Code of the State 21 of California (hereinafter "Code") and that can d�iona now exist 22 in the subdivision which would have caused the denial of the 23 public report pursuant to Section 11018 (b) of the Code if the 24 editions had existed at the time of the issuance .of the public 25 report for the subdivision. 2e ..1. • t co You are the Owner or wont of the 0011or of wrtain Subdivided real property within the weaning of section 11004 . S(a) of the Co". The planned developpent subdivision is located W Orange County , is tam- only known as "dld voorldole and is further identifled as File No. 37618 LA in thw records of the Department . x= On January 1.3 # 1984 , the Department issued its final amwnded subdivision public report for the subdivision, based in part, on representations made by you that monthly assessments would con,"euce on all lots no later than the first of the month following the cl.osinq of the first sale of a lot and from that time you as the subdivider would be regutred to pay the howeownars , association a monthly arse%sment for each lot owned by you. I2Y Since the issuance of the final amended public report , you have caused a material change in the set up of the subdivision to take place by failing to vav all monthly assessments due the homers association on unmold lots owned by you . 3 YY 1 You did not notify the Dspartmsnt in writing of your intention to make the change referred to in Paragraph ttl above ' s prior to putting the change into effect. s I a r 7 2- ugxnv opwiwD n wem Aim ormia from tarther "Litsi , 3 exchanging or leasing f offering for sales exchange or - lease s 4 saliciting purchasers or lessees , or ne"tioting for the sale # J exchange or least of lets or parcels in the subdivision known as 6 01-d World in the County of Orange, State of California* until am* 7 time as you have obtained an ceded public report from the d Department. 9 DATED: 10 12 Real tstato Commissioner 13 , 14 , 1 1 15 � 16 17 It A 19 20 21 22 23 4 24 i23 cc: west Co,4a t soccer League c/o Josef dischof 26 7561 W. Center Drive Huntington Beach , Cal 12666 27 I J Rp: Bev .•H M•M�MM M I' f • i 1. Jurgen w. sloes declare$ 2 1 an the pastor for the Lutheran Church known 'as Old World 3 Community Church, a non-profit corporation# located within the 4 subdivision known as "Old world" or "dld World Village", 7561 S Center Avenue# Huntington Beach, California. The membership of 6 the church is •i }r rude up of shop owntrs.4 residents of 0141 7 world 'f My address is 7561 Center Crivo 018 , Huntington Reach, 8 California. My phone number is 1714) 693-7077 or (714 ) 892-0609. 9 sometime around February , 1979, whi It ray wife and Y were on - 10 route back to Germany from the Southern California area , we heaitd 11 about a European/German village community in the Huntington 19 Brach, California area. When we came to see the village and saw 13 the church building, I rude inquiries about the church and church 14 services . 1 tin not recall who, but someone referred me to Joseph 15 Rischof (hereinafter Hischof ) . As I recall , I was told that 18 81 scho f was the president of west Coa,t Sor. ve r Lea, JLie , the 17 Company that had built Olt] World, Ourinq my meeting with 18 Rischof , T learned that' there was no pastor for the church and 19 that no one was conducting services in German, even though most 90 of the shop owners and residents were German speaking. t 21 volunteered to Rischof to conduct services while T was in the 22 area any] Hischof told me this would he all right . 23 After the first service, which T under!; tand was advertised 24 in the German paper, T do not recall the name nf this paper , or i 25 who places] the ad, I received several phone calls requestinq 1 26 continue to conduct services . 27 .YwT pAPIL11 •re M sbo..•."• iM 00 00 1 Y h few weeks after Y began holding the services, T spoke, to i 2 Mr. Kline, I do not rocall his title or function at the tine, and 3 with dischaf. It was at this time, dischof told wee he mould take 4 rare of everything and that I could use the church building for S Sunday services at no charge. T was unaware of Bischot ' s status . 6 in the village# (hereinafter Old world) , or that: there was a y homeowner association which I should have included in wv e arrangements with 8ischof. I assumed that Rischof had the authority to authorise my use of the parkinq facilities and 10 church buildinq located within Old World. 11 Sometime around March or April , 1979, I do not recall the 12 exact date, I attended a homeowner association meetinq, and ` 13 announced at this meetinq my intention to hold church services on � 14 a reqular basis. There was no discussion during this meeting or 15 after this meetinq regardinq my announcement . 16 Sometime around the end of 1979 , Bischof approached me 17 regard i nq money, which he indicated was to enve r the cost of 1s maintenance and homeowner association fees . We reached a verhatl 19 agreement , whereby nischof receiver), on a fev basis , so much 20 ononey per event , i .e. , weddings , bingo games , etc. , held at the 21 church excludinq Sunday church services. 22 From approximately 1980 on, Bischof -approached me at 23 different times to offer to sell the church buildinq to one 24 directly, or to the churrh corporation. 25 nurinq the same period of time, the church corporation has 26 rented, on * a Yearly basis , the bridal shop ( Dni t .18 ) and music 27 shop j Un i t 341 , both of which i am currently manaq i nq. r wet�r��w jr itsti�r i -2- i 00 ��► 1 A few creeks after I began holding the services, I spokt to a M Mr. 911nef I do not recall his title or function st the tile, err/ S with aischof. it was at this tioeg Rischof told sue he would tape dare of everythinq and that I could use the church building for b Sunday services at no charge. I was unaware of Rischot 's status , 0 in the villager (hereinafter Old World ) # or that there was a y homeowner association which I should have included in sal+ e arrangersents with Bischof. I assumed that R:rchof had the g authority to authorize my use of the parkinq facilities and 10 church buildinq located within Old World, 11 Sometime around March or April , 1979, 1 Rio not recall the 12 exact date* I attended a homeowner association meeting, and 13 announced at this meetinq my intention to hold church services on 1; a reqular basis. There was no discussion during this sleeting or 15 after this meetinq redardinq my announcement . 16 Sometime around the end of 1979 , binchof approached me 17 regarding money , which he indicated was to cover the cost of 18 maintenance and homeowner association f een . We reached a verbal 19 ahroement , whereby Pi schof received , on a fee basis , so much 20 money per event , i .e. , weddings, bingo games, etc. , held at the 21 church excludinq Sunday church services . 22 ' From approximately 1980 on, B i -:chof -anproache d me at 23 different times to offer to sell the church buildinq tn me 24 directly, or to the church corporation. 25 Durinq the same period of time , the church corjforat ion has 26 rented* on * a vearly basis , the bridal sheep (Unit •18 ) and music 27 shop ( 11ni t 34 ) , both of which I aim currently manan,inq. ova PA►iA •tf M i�►„�►as y A 113 .ftY 11 + 2— t MI 1 1 , 00 00 • 11,E l 4n or about the f fret weak In Decteber, 198 % the church g counsel approached hisrhof about purchasing the church building. 3 A real estate agent, who was a personal friend of one of the , 4 church members$ assisted In writing the offer to purchase. I do b not recall the name ay the real estate agent or .the church ' 8 member. A copy of this offer is hereby attached and rude a part 7 of this declaration as Exhibit A. e Bischof refused this offer, refused to write a counter 9 offer , but did give us a verbal counter offer and all counter 10 offers negotiated from this point on were verbal . , 11 Wee the church counsel and 1 , were unable to cone to an 12 agreement on price and/car terms, even though several offers and 13 counter offers were verbally proposed by Moth Aischof and the � 14 church counsel . 15 We cont i nuel the,e.• verbal negot iat ions in an attemat to 16 purchase the church bu i 1 d i ny from H ischof until sometime hetween 17 June and Auqust, 1982 . 18 Sometime between .dunes and Auqust , 1402 , durinq these last 19 verbal negotiations, Iiischof told nee that if I or the church 20 corporation did not want to purchase the church huildinq, he had 21 someone else who wanted to bu%t the church. 22 Tt was durinq this time (June-Auqust , 1982) , that we, the 23 church counsel and I , decid,rd not to purchase the church building 24 as Bischof would not Settle on a purchase price , would not write 25 down his offer to us and wanted to establish a sales price 2e different from thr price we were actually goinq to pav for the 27 church buildinq should we complete the p-archase. •A copy of -3-- rwwt NwftM i 00 Y Alschot ' s notations concerning the lost purchase price and down paystnt that we spoke about is hereby attached and Made a part of 3 this declaration as 2xhibit D . 4 Since Jiune-Auqust, 1982, there has been no negot i at ions for 3 the purchase of the church buildinq other than perhaps a prssinq d remark to we from Aisehof , such as, "when ace you goinq to buy y It?" 8 During all of the negotiations to purchase the church, from 9 19RO through June or Auqust , 1962 , there was raver any oention of 10 the public report or the need for one to to given to the church 11 corporation/church counsel as part of the purchase papers, which 12 1 understand is required by the Department of !teal Estate . 13 C i scho f never mentioned the public report at, the need for hav i nq • 14 an amended public report if we ourchaseA t he hu i ld inq dur inq out 15 ,1une-Auqust , 1982 ncgotiations . 1s i declare tinder penalty of perjury that the foregoInit is 17 true and correct . 18 Signed in the City of State 19 of Califurnia , this day of 20 19 21 22 Signature of Declarant 23 Home Address: 24 Home Telephone No. ( _ r..�w 25 Business Telephone No. t 1 + 2s Business J►+ddress: ' sew+twrrw fees ar 9"026MI. I I 'EuRon 00 • DISCW%W- AprAl 9, 1982 { TO: Pastor Jurgen Bless r": Old world Owners Association SUBJ=: Parking during weddings on week-.ends I ' Dear Pastor Bless: i Parking has become a very serious ptobles on both, Saturdays and Sundays at the Old World Village parking lots. This problem stead primarily frog the large number of people attending weddings and later the receptionu , feasts and dancing. Cu.toeers who came to shop in the Village starts are their hard pressed to rind a ; parking space and many just drive away. In order to alleviate this problem and to make it sore equitable to you and the merchants in the Village , it In recommended that i the vedding guests be directed to the parkirg areas east or the Old world Vi lln4e ar Jervel'!. area. In order to accompliah thin Lark, you could designate attendants to direct traffic at lea.at d,,.ring the period whvn the guests arrive . In addition, you should post signs indicating where the guest are to park. Your compliance with this request at the earliest time possible is highly appreciated. Sincerely y(.)urs , David Apodaca Prertc i dent ••. Old World Owners Association uliettn Levis •a Secretary Old World Owners Association PA/31 cc: Mr. Juacph Dischof Lee M. Durst , O.W.O.A. attorney �.•... Mmliers of board or Directors • File OLD WORLD VILLACA MENC.HANTS ASSOCIATION &ppm, 891.q& AT t KVU. EXIT SM (KW MY 7SIb4 Gnash Ave.. Nuatiastoa Ocack CA 9AV TO : CITY COUNCIL CITY OF HUNTING70N BEACH RE : REQUEST TO DENY CONDITIONAL USE PERMIT 685- 13 I i 5 1 _AA June 26, 1985 Too City of Huntington Beach City Council !PROM: Concerned members of the Old World Owners Association ke. : Conditional use Permit DE3-23 Dear members of the Council; We are writing this letter to express our wholeheartedly support of the Planning Commission' s decision to deny Conditional Use Permit #35-13 to the German Evangelical Lutheran Church in America to permit the establishment of a church office and church services within the Festival Hall at old Vorld Village . This North Huntington Center Specific Plan, tract 9119, C.U. P. 975-241 site 21 European Village, was approved by the City of Huntington Beach in 1975 and consisted of 45 residential/condominium units in conjunction with commercial floor area iemmediatoly below. The center also provided a 12 unit motel , a restaurant/beergarden, Chapel , Sunday school and townhall building which did not have dwelling• or residences above (Exhibit A) . This quaint little European hamlet was to be governed by � a Board of Directors and as set of documents (by-laws , Atticles of 2ncorporation and CC & R' s) that were approved by the city and the Department of Real Estate and as outlined by a letter received by the city of Huntingon Beach from the Law Off ices of Holzwarth 6 Unsworth , attorneys for the developer, Josef Rischof (West Coast Soccer League) (Exhibitor at C and 0) . Parking was allocated using a formula of 3 persons to a car and specific parking spaces was desig- nated for the non-rasidenciat units (Exhibit L) . Please note that the Chapel was intended to be used primarily by the owners and residents of old world and zero parking spaces were allocated to that facility (Exhibit P) , therefore , the chapel was never intended nor approved as a church for the general public. It is true that pastor Jurgen Biess began the operation of his different churches in Old world Village several years ago, but this wao done without the knowledge or approval of the Hoard of Directors and homeowners, as per his own admission in his signed declaration mado under penalty of perjury to the Department of Real Estate (Exhibit G) . City of p.d.Cit.. :ouj%cil C. U. P 85-13 Page two A review of the Association' s records will reveal that to this date he has never applied and therefore , has never received any approval from the Association. What started out an Sunday services for the villagers has expanded Lito a mass production. of weddings (Exhibit H) , seven or more on any given day, and accompanying wedding receptions held simultaneously (three or four in the B*ergardren and under t:1e church) . All these originally unplanned activities generated an influx of people and automobiles which taxed the parking capacity, depriving the owners from the usage of their parking facilities. Let' s point out that we have 160 parking ces in the west parking lot and 144 in the east parking lot for a total of 304 parking spaces and not 375 as planning Department shows in their records. These number of parking spaces was considered insufficient at the time C. U. P. 75-24 was approved. The approval was granted based on a Reciprocal Parking Agreement with Jerwel Corporation. I We must not loose sight of the fact that continous development of the Jerwel property has considerably reduced and will continually reduce the available parking. Futile attempts have been made by the different Board of Directors to alleviate the parking problems generated by the applicant' s weddings and church activities. These requests were essentially ignored. It should be noted that Lot #49 , consisting of a Restaurant/ Bseargarden does not have any offices in the premises , in tact , the Restaurant' s office Is located in Unit 148 . When the Planning Commission asked the applicant where the church offices where to be located in the Beergarden, the applicant pointed at two areas , one at each side of the beergarden stage, these very small areas are used as temporary storage for mu- sical instruments and props. There areas are hardly large enough to hold a small desk, let alone an office. According to the application submitted to the Franch +.see Tax Board and to the Internal Revenue Service (Exhibits i and J) the address of the German Evangelical Lutheran Church in America is Unit 818, this Unit is rented by the applicant in a month to month basis without residing in the premises in clear defiance of our governing documents (Exhibits K and L) . The applicant in not a homeowner . It is obvious that the sole purpose of establishing an office in the Beergarden is to- not the stage for holding weekly bingo games as per the applicant' s letter to the planning Department. City of N. So City council C.U*P. #95-13 Page three In the past, the Apostle Christian Congregation Church cor- poration, under the pastorship of the applicant , was granted a permit by the city (again, without the knowledge of the Old World Board of Directors and homeowners) to conduct bingo gasses in the Beergarden. This permit was revoked in April of 194 due to violations of Municipal and Penal Codes, which led to criminal charges and conviction of the applicant (Exhibit M) . - On October i, 19841 Josef Bischof (WEST Coast Soccer Leaque) developer of Old world and owner of Unit #4 9 , applied to the city of Huntington Beach for a bingo permit to hold meekly bingo games in the Neergarden (copy of application at the Business License Department) . He did this as the president/founder of a church under the name of "German Crusaders' . The pastor of this church is also the pastor of the German Evangelical Lutheran Church in America and Apostle Christian Congregation Church Corporation (Exhibits N, 0 and P) . The permit was denied by the City and strongly opposed by the Association ' s Board of Directors and homeowners (Exhibits 0 and R) . The character players of the present application for a Conditional Use Permit a:e the same individuals under the guise of a different churl;h name, now applying for a church office with the ultinate intent of conducting lucrative bingo games. It is obvious that what they could not originally obtained thru the Front door, they are now .attempting to obtain thru the back door . It appears that the stage in the heexgarden , with the proposed church offices , is being scat for the same old play starring the same old actors, but wearing brand now costumes. Individual property owners of old World were lured into this � P p y quaint "European Style Village" without the slightest indication of what has occurred as results of permits and business licen- ses issued by the city. Owners were aware of the Oktoberfest celebration. They were certainly not aware of the future Rock concerts , wet T-shirt contests , weddings and binge that followed. (Exhibit S) . Issuance of permits and licenses for activit,iea that violate the original Planned Unit Development ' s intent and the Association ' s governing documents (Exhibit T) , have placed a tremfndous liability on they homeowners, which if ever tested in court will undoubtedly result in the city sharing a considerable portion of the responsibility . It should be noted that the city of Huntington Beach has been placed on notice as early as April. 10 , 1979 (Exhibit 0) reflectinq City of N. E. Y Council • C.U.P. 04x-.1� 0 Page four the Old World owners concerns regarding theca kind of activities. Therefore, we strongly urge the City Council to uphold the Planning Cosraission s decision to deny Conditional Use Permit 85-13 for the reasons stated above . We are enclosing Exhibit V for your perusal . This is a copy Of a "Press Release" dated 6-5-85 , being distributed by the applicant and being displayed on Unit 018. It is an obvious att*mpt to discredit and ridicule the planning Commission and those owners who exercised their rights by bringing public pressure to bear. The press release states that the German Evangelical Lutheran Church in America has been holding services for over five Years. InteresttriglKV • the church 1 incorporation date was 1983 , that is two years ago (Exhibit 0) . There are several other erroneous and false statements and accussations , including the Eact that Mr. Mirjahangir supported the church request. Mr . Mirjahangir, along with the majority of the commissioners voted to deny the permit . The publicly posting of this press release has caussj embarrasment to the owners who had representation at the planning Coeaission hearing , and confusion and anger to the customers who cme to this village. This is just one nor* exa=ple of the abuse the homeowners sustain. your consideration.ur c r sideration. Thank you for Y Very truly yours , . U,wt� e ,� iL etta Lewis Y n ne lit