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Conditional Use Permit 85-13 - GERMAN EVANGELICAL CHURCH - O (11)
` �_ 7^^'+.�+.-.�:..::•.e+�wRZ.' ....'.^�.�..T- `a�::`q�i'1►•.tiP;^'..--tev.r... .,:....i..,-.�=.�...�,. ..._.. .— -.— �..�w.... 1.-+.�...,—... .. . ....q.. � ...-- iG' ti � G�� `' CITY OF HUWmIN ON BEACH 2000 MAIN STREET CALIFORNIA 32848 OFFICE OF THE CITY i:LkFtK August 15, 1985 i ` Joscph R. Donahue 13G. Dove Street, Suite 900 Newport Sea.h, CA 92660 i i Enciosed please find a cassette tape of a portion of the July 1, 1985 City Council meeting related to Conditional Use Permit too. 85-13 , App? icent: Geman Evangelical Church. Therc will be ni charge for the tape . /17 Alicia M. Wentworth City Clerk r i f 1 �' ,f ff almpOkru 1144 71 hthard x41 terzorn 113 Vint& nel Zol ; F*dondo Beach, CA j 90277 Anthony J. Lane 1.691« Green St,. Run tington Beach i CA 92649 Montgomery Ward Montgomery Ward Plaza Chicago, Illinois 60671 Huntington Center 1010C Santa Monica Blvd . Suite 2400 j Los Angeles , CA 91 Q. AJ � t Oae Pacific Plaza Two 4?50 Vary Karman 5to 44 Newport 3eac.l, CA 92660 ' I •--T'-1R'�-fir--w, u.�.,..--,...�..-:,t-•, i 1 t _ + ; �''- German Evangelical Lutheran Church r� 7561 Center. Avenue � fiunt, ng ton Beach, CA 92647 i ors._.,. ... ,. ,, . -'t1 :,Y ',i' _ . ., ,., tt.�:J.lAti.'IC :�,, .,y,, gr/ +kr.•tr� � _, ` joaeiphin* Tyra* Frank Dreehler Emi la Erbacher 7561 Cente�' Ave+ . , i25 91.40 El-Azul Ci.r. 7561 Center Ave , , .36 9 VInjington Beach, u . Fcuntain Valley, Ca . Huntington Beach, M 92708 921647 # Jar;i^e E. . :•lelvin Lee Wu :'an-Chun 756 L Ct. nter Ave . , «27 7561..� �`;K"�� � , . � "� ►v. Center Ave 139 Hur.t i nfj tc�n Beach , CA i� • - i ng tcn Beach, "A 92.6 4 a ,J Humberto V . Lopez Marion Dorn IV 7561 Center Ave . , ; 39 75G 1 hi . Center Dr .. "! f; •i Huntington Beach, CA liuncirytcan Desch , CA 92647 921'64 XK , � T.R. Chris roan Rabic - �., . ,;yi �x 756 L :ti• Ce:• ter rt�:e . j 2y 7 561 Center Ave . , � i ':. { •J � ',T '! ` ': ( ' 'y' ,. Hunting tore HeaC:' '�� �17Llr1Qton Beach , CA 92 < rr. .t•sr•4 ' '< .�k iy' .. �eor.3e t resc?•.Le. Erika Fi . Cesar 7561 Center Ave . , 1561. Center Ave. , i4 2 .AiBeach, C H'untingfor. 11each , Cf, iiunti.r.c;ton -647 sJ r ..�,•• •,'� �... ".t .x.�;,, , Richard ? . I..E.'.: 5 t%-.ier Ma5ri 7561 Canter Ave . , � : 1 1 C:o• ketr. Huntington B C., Irvirse , CA �ict� { �_: +► 9.1 6 4•r .�L^. f a. ' David Ro: r De Los Rios Mercedes Ld•3 : a Santa !.'ciarlda 7561 Center Dr . , Liao .. Huntington Beach , CA t � . Renate 1 . Qui g -C� Fr�rin E;e:rma7ns .x fii� 'ai� �►�''. ` ��` 7/ 5E1 Center A�'c' , . 33 7561 -arktar .Ave . , �', '` •� a Huntington Beach Huuntizgton Beach, CA 92647 92647 1 ,..V"' Alfred 5n i s t i:nas Wang Y i.r, Lang 7561 Canter A.:e. , # 35 7561 Center Ave . , $45 Huntington Beach, CA Huntington Beach, CA 92647 0264 •/ li jj t ,a • � fit•, ',1,1 Emile J . Erbacher Scandinavian Pastry Shop Wev.t Covet .soccer L.aague 7561 Center Ave . , 038 6855 Warner Ave7561 Center. Drive, Huntington Beachp CA untington Beach , CA [Intington beach, CA 92647 92647 92647 Lde Wu Yen-Chun Ursei Petermann Amer & Diane Maim. 7561 Center Ave . , 439 7561 Center Avt, $36 New Owner/7561 Cea o!r aR i CA lla Cington 13each , Ca Hunti.ngtcn Beach, 92647 92647 Pt:bllsh June 70, 1985 NOTICE OF PUBLIC -4F.AkING APPEAL TO M PLANNING CO MISSION'S DENIAL OF CONDITIONAL USE FEttKIT 110 85-13 NOTICE IS HEREBY GIVEN that a public bearing will he held by the City Council of the City of lluntington Beach, in the Council Chamber of the Civic Center, Huntington Beach, at the hour of 7: 30 P.M. , o; as scan thereafter as possible on Monday the lrt day of JtA-y , 1985, for the purpose of consiuering an appeal to the Planr. ing CornJssion' s denial of C. odi t ional Use Permit 85-13, a reaueet to permit church ref-vices anti un o:fIce within the Cld World A'iiinge Festival Hall located of the northwest corner of G.-ntt:r Drive and hunttngton Tillage Way (7561 Getter A,+enue, I.ot 49) within the North Huntington Center Specific Plan pursuant to Article 933 of the huntington Beach Ordirsnce Code. A leeal description Is on file in the Department of Development Services i Office. i 1 All Interested persons are Invited to attend FLid heiring and expretse their opinions for or against wild apyenl. Further infocmatinn may he ot,tained frees the Office of the City Clerk, �00C Hain SLce% t. , HunvinAton Beach, CalIfnrnIn 92646 - ( 714) 536-5227. Dated : June 17, 1985 CITY OF HUh"TINGTOR BEAM, By: Alicia M. Wentworth City Clerk • Gld World Owners U36c w 7561 Center Ave . 040 Huntington Beach, CA 92647 West C(.ast Soccer Leaqu* 7561 Center Drive Huntington Beach, CA 92647 Harr Schel:�er.baum City of Hun � ea►Ch � 16131 3rockhurst St . fluP .O P FOunta in ��,�??er , Ca flu gton Beach, CA 92708 48 Florian fioertner Lennart? `1. 141se >> 7561 Center Dr . , 411 7501 Center Drive IS F=untingtor. reach , CA 13untingtcn Beach , CA 14� 92647 92647 4; Virgi_ Bsteso.l.e Harry Schelletbsum � � '10 Claremore •re . 7561 Center Dr . 016 Lon:3 reach . CA Huntington Beach , CPO 90808 9't5a7 Erehenuurc Chang Wen Ping 6 Mel YU 7561 Center Ave . , $ 1.•9 New 0-wner/756.1 Center Dr llunting ton Beach , CA Fiunt ington Beach, CA 92647 9264 -mf red B . Erchenburg Change Chung Piny 0-561 center Dr . , Unit 19 7561 W. Center Dr . 410 Huntington Beach , CA Huntington Beach, CAA 92647 92647 Er•,,in llerma^tis Frederick A. Willis 7561 Center Ave . , 445 4844 Territory Loop Huntington Beach, CA Tucson , Arizona 9254; 85715 Ra_mrond Robinson Peter R. Lickl j 7561 Center Or a122 7561 Center Ave . , 113 Huntington ~each, CA Huntington Beach, CA 92647 92647 Francisco Santss Ernst Licht 7561 Center Dr . , 423 Rt 73 & Clay Slate Ad . Huntington Beach, CA Oiey, PA 92647 19547 H .Y . Peng Agatha R. luebaftsen 7561 Center Ave . , 624 7561 Center Dr , 015 �• � 97647ngton s*aah, CA ll1 sta E*l Sol RWando Boaich , CA 90277 Anthony J . Lane 1.6912 Green St. Huntington Beach, C,, 92649 Montgomery Ward Montgomery Ward Plaza Chicago, Illinois 60671 Huntington Center 10.100 Santa Monica Blvd . Suite 2400 Los Angelek . CA 90067 One Pacific PlAza Two 43050 Von Earman Ste 44 Newport Beach, CA 92.660 r �f German Evangelical Lutheran Church 7561 Center Avenue Huntington Beach, CA 9264: .F `... ikti.1],1��:➢�[1'.�f'7t'''�S.�\I�R�SI. rt M1.r'..i:.l~�4htk..r _.._. '. .wn ...s..s...r. .. ......�..._ ____. —._ __.. +1 K�JECHT & DC)r»HUE • f,^Po T►.[.is 5"1 M or Pa Q..1510ft Al COA PON ATIC:N* 1301 COS[. STwr.tr. SU.T[ aaG IJ141 651•AU44 August 9 , 1985 Alicia M• Wentworth, City Clerk City of Huntington Beach Office of the Clerk 200 Main Street Huntington Reach , California 92648 Re : Conditional Use Permit No. 85-11 A.QL German Evangelical Church Dear Ms . Wentworth: i We have been retained to represent: The German Evangelical Lutheran Church in cosinect ion with its ' appeal from Lhe City Counsel ' s denial of Conditional Use Permit No . 85-13 . So as to enable our client to prtpare for judicial review request is hereby rode for a complete transcript of all evidence on which the City Counsel acted . Since time is of the essence , we would appreciate receipt of all suca evidence on or before Aeiguat 25 , 1985; or , in the alternative , your reasons for � denying or rel`uning our I:lient ' s requests If you have any questions or if we can be of assistance , please call . i Sin re.y, / (I e4eA 00-4LA4"--al 01 Joseph R. Donahue JRUs cf ces Reverend Jurg4on W. Bless World Casounity Chur-ch AwOWtnd 14 PubW Advft1rWffeM6 of aff%VWW p wicae by Cocrve 111 11W Sugmw court of O+iv G �+bfrt: OuMlr. Cah"s's. Numbo A•0?.1a, sited 21 SWOMber, 1941, ub A-,NG31, rM e d 11 dum. 1963. SUTE OF CAUFOANIA County of Orange ►,...-+.�. ..•....��..«. !y +M Mew+ r sue in PON" •�+ +:vw cue+.►sew I am a Citizen -it the United States and a resident of ,.. the County aforesaid; I am over the We of siolow DEN ( Ea ± years, and not a party to or interested in the beiow a C4 VAiL entitled matter. t am a principal clerk of the Orange 1 Coast DAILY PILOT, with which is combined the NEWS-PRESS, a newspaper of gwwal circulatiar!., 71 printed and puhfitned in the City of Costa Mum, " County of Orange. State of Californir, and that a Notice of 211b 13 s Iir a r.1 rin of which copy attached hereto is a true and complete copy. :,tas printeC and pubIlFhed in the Costa Mwsa, ti 1 Newport Beach, Nuntingtor beach, Fountain Valley, ' Irvine, the South Coast communities and L&guns Beach iss,ros of said newspapw for cdlii/VdUW#tiAW:4fo wit the isu*s) ..1 , t June 1-0_ 198 5 I 1 declare, under penalty of perjury, that the for"oing Is true and corml. June 20 S `� Executed are 1198 st C *a M e California. . Signature OP Pu J. CIT''1i/ OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 0:•FICE OF THE CITY CLERK July 3, 1985 Reverend Juergm W. bless World Commity Church Genwn Evangelical Lutheran Cru.>:rzti 7561 Center avenue Huntirgtcn Deach, C rr1 92647 It�,e City Council of the City of E?taitingtcn L ..h at its regular truing held Monday, July 1 , 1985 denied Conditicm l Use E e-m- it 485-13. This is a final decision. Ycu are hereby notified that =suant to provisirsns of Fect:ien 1094.6 of. the Code of Civil. Procedure of tho State of California, you have ninety days from July 3, I985 to apply to the courts fer judicial review. If you ha,.- any questxrns regarding this omtter, please cmtact our office -- 53C-5227 . Alicia M. Went•Aorth City Clerk A.%W:CB:is i Cc: rail Hutton, City A`terney James Palin, CL-mltxpTimt Sc-micEns Director Ali lTwi t�Mlii>k'Til J'a c rry or 1 NUMINOT A N cx�wao� INTER-DEPARTMENT COMM ICATION �nr 40 To Charles W. Thompson James W. Palin , Director City Administrator I Development Services Subject CONDITIONAL USE PERMIT NO. 85- ate June 27 , 1985 .APPEAL - COUNCIL ITEM D^2-A (CHURCH AT OLD WORLD VILLAGE ) A question has Tome up with regard to the agreement between West Coast Soccer League and the Old World Village Condomonium Association specifically the assignment or reservation of parking fc.r church services . The CCAR 's which speak to the issue of resti-ving the right by West Coast Soccer League ( eishoff et all for the Oktoberfest appear to be mi38ing from our files. However , the Department of Reai Estate Final Subdivision Report of the old Worl.0 subdivision contains within, it the following provision: This subdivision is sub;ect to the restrictions recorded in the office of the Orange County Recorder , . . . *The declarant reserved the right to use a portion of the parking lot fuur Months each year to h cld an Oktoberfest . ` It may be surmissed from this statement that parking reservation does not cover church use . die are 3ecurina copies of the pertinent CC& R ' s to review the exact language contained in them to ascertain the extent of rights of all parties with reg& � to the parki,ig reservation . We .rtccaaend, iA light of this new► ' I-afoirnatiom, that staff Chang* its., rtscrsaQndatioe� f ..to.. donLal of the appeal of Conditional Use P*tirit ' Ilo: 85M13 ; is ;line with the planning Commission 's decision on this matter = `or as in alternative , continue the matter for two weeks for further investigation and evaluation of the parking rights and restrictions . JWP : GG : jr ( 2779d ) i Publish June ZO., 19185 NOT'CE OF MLIC UL42DIC APPEAL TO TU PLAUNDC COM:iISBION&S DENIAL OF CONDITIONAL USE PlD T 100 8 13 NOTICE IS HEREBY GIVEN that a ;;ublic hearing will ke held by the City Council of the City of Huntington Beach, in the Council Chamber of the. Civic Center. Huntington leach, at tt:2 hour of 7:3C P.M. , or as soon thoreaf ter as possible on Monday the lot day of July , 1985. for the purpose of ccnsidering an ap;eal to the planning Commission's dental of Condition&! Use Permit 85-13, i a request to permit church servicen bnd an office within the Old Vorld Village Festiva; Hall located at the northwest corner of Center Thrive and huntington Village 'nay (736i ::eater Avenue, I.ut 49) virhia the North 1hesitington Center Specific Plan pursuant to Article 933 of the Huntington Beach Ordinance Code . A legal descriptinn is on file in the Depaztu*nt of Cevelopaent Services Office. All intereste4 persons are invited to attend said hearing and exp-+!ss their opinions 'or or against said appeal. Further infe,rzation may be obtained from the Office of the City Clerk, 2000 Main Street , Huntington Reacn, California i2648 ( 7!4) 536--5227. fated: June 17, 1983 CITY OF HUNTINMN BEACH By: Alici& X. Wout„orth City Clerk � � ,, �, .:. LEGAL NOTICE 'NOTICE OF PUR.","C Hr-jt1kY7CG ti :LE Is IIER'BY G'[V&N t;;at a public hearxnq will be held by t-he City P`!,rt-4•i3W; C n of the City o: R%intingtun He3c t , California, :or the pi:rpozse o: considerin5� �- ysS p(*rm, i t 85-13 a< request too permit church services Witt;in the�,:esaiiva l h:.11 r 0 located at the northwest cori.,�r of Cantu- Drive and i1untia9tor. Village 'gay (7561 Center A�- e. , :.o; 49) within the Ncr h Huntington Center Specific P )an 4ursuant to Art_c '.L 933 of tho 1.1unti.-q. tcn Beach Ordinance code . 41 legal. description. 4.s on _ ile in the of Deese!opro.ant Soririces office . Said hearing will be held at the hour of P4m . , on %J,d L_Y le 1!$y its Lite Council Chan►bers Building of the Civic Center , 2000 main Street, Huntington Beach , California . A11 inte:ested =.ersons are invited to attend said hearing and I express their opi.ions for or against the proposed condit�l Use t 85- 13 . Further information may be obtained from the City Planning ' Dep&rtlent. Telephone No. J14) 536-•5271 DATED this day of CITY PLANNING COMMISSION By I Publish June 20, 1985 WMIECZ OF FUBLIC BFAIIXG ""AL TO M FiA"VC CLIMSSIGN'S VZX AL OF CONDITIOM GSG PEWIT NO 85-13 NOTICE IS HERESY GIVEN that a public hearing wil: be held by Lhe City Council of rhea City of Huntington Beach, in the C+,unc..1 Chamber of the Civic Center, Huntington Beach, nt the hour of 7 :30 P.M. , or as soon, thereafter as possible on Monday the 1st day of July , 1985, ror the purpoxe of conuidering an appeal to the Planning Coami.ssion's denial of ConJitional Use Perait 85-13, a request to permit church services and an office within the Old U' ,rld V liage Festival Hall located at the northeeet corner of Center Drive and kuetington Village May (7561 Center Avenue., Lot 49) within the North Huntington. Center Specific Plan pursuarL to Article 933 of the huntington Beach Cedinance Ccde. li A legal description is on file in the Department of Development Sorvicrs Office. All interested persons are invited to attend •aid hearing and express their opinions for or agal%st said appeal. i I Further information may be obtained from the Office of the City Clerk, u y y 2000 ?lain Street, Huntington Beach, California 92648 - (714) 536-5227. Dated : June 171 1985 i CITY OF RU`X.`!WGT0P RZACR � sy: Alicia K. Wenmorth City Clerk I ~. .a s.f1+, :.� f,=. •�, r` � ,,f t,,, , ... `+,.-.. ;.A.4. y �• , ,�: . qWorld OW71ars Af Afli: . r :' .f ��, .., a. ,. ; x- , • , u '.- `� 7561 Center Ave. 160 R Huntingt-on Rea-h, CA 92647 i West Cc az t Sriccer. League 7561 Canter Drive „ Huntington Beach, CA Ile 92641 City of Hunt �.-zton Beach IH-rry Schel enbaum P.Q. pox 190 16131 Brookhurst St. Huntington reach , CA FOsntain valley , CtA 9264c 92;08 ; Florian Hoertn-r Leonard V. Wise 7561 Center Di . , #17 7561 Center Drive t8 Huntington. Beach, CA Hunting :on Beata: ,• CA 92647 92647 Virgil Batesole Harry Schel 'enbaum 270 Claremore Ave. 1561 Center Dr . 416 Long Beach , CA Huntington Beach, CA 90,118 92647 Manfred B . Erchenbur.g Chang, wen P.11ng 6 Me Yu 7561 Center Ave . , f 19 stew O-4nerJ7561 Center Or Hantington Beach, CA Huntington Lunch, CA III 92647 92647 Manfred B . Erchenburg Change Cheng Wing ')56 1 % rater Dr . , UnI : 19 7561 W. Center Dr . 410 Huntin. ton Beach , CA Huntington Beach, CA 92547 92641 Erwi r• Hermanns Frederick A. Wi l lin 7561 Center Ave . , #45 4344 Territory Lo.:p Huntington B►.ach, CA Tucson , Ariwona 92647 85715 Raymond Robinson Peter R. Lickl 7561 Center Dr . . $22 7561 Cei.ter •'ive . , #13 Huntington Bea%.h, CA Huntington beach, CA 92647 92647 Francisco Santos Ernat Licht 7561 Center Dr . , #23 Rt 73 i Clay Slat* Rd . 4 Huntington Beach, C,% Oley, PA r 92647 14547 tip;` ,��•� ll- H .Y. Penq Agetha R. Zumbansen 7561 Center Ave . , 024 - 7561 Centaur 1: 11.5 "'' ' "� • " .r '' Huntington Bleach CA Jos*phine Tyree Frank Drechler Emile Zrbacher 1561 Center Ave. , 025 140 El-Azul Cir . 7562 Center AV*- # M R ington Beach, CA 6ountain Vallay , Ca . Hi intington Beach, Ox 9 ? 92708 92647 Janice E. Melvin Lee Wu Yen-Chun 7561 Center Ave . , 027 7561 W . .enter Ave . , 939 Huntinyton Beachr CA Huntington Beach , CA 92647 92647 Humberto P . Lopez Marion Dorn 7561 Center Ave . , T28 7561 W. Center Dr . Huntington Beach , CA Funtington Beach, CGS 92647 92647 T . R. Chris Ivan Babic 7561 W Center Ave . , 029 7561 Center Ave. , 441 Huntington Beach, CA Huntington Beach , C;, 92647 92647 George Preschler Erika H . Cestx 7561 Ce:jter Avn . , t):1 '# 561 Center Ave . . #42 Huntington Beach * CA Hunting ton Beach, CA 9 216 4, 7 92647 Pichard P . L,e'.:is Amer Masri 75G1 Center Ave . , *31 21 Crockett iuntington Beach , CA Irvine , CA 92647 90. David Rofer De Los Rios Mercedes 18433 .�a.nta Yolanda C,ir .. 7561 Center Dr . , $44 rountain Valley , Cis Huntington Beach , CA 921708 92647 Renate I . Quigley Erwin Hermanns 7561 Center Ave, . # 3 3 7561 Center Ave . , tZ Huntington Beach, CA ltuuntington Beach, CA 92,647 92647 1%1:red Skistimas Wang Yin Lang � 7561 Center Ave . , "5 7561 Center Ave. , #46 Huntington Bt�ach,CF, Huntington Beach, CA 92647 92.647 Emile J . Erbacher Scandinavian Pastry Shop west Coast Soccer League 7561 Center Ave . , 038 685.5 Warner Ave . 7561 Center Drive Huntington Beach, CA untington Beach, CA Eintington Beach , CA 92647 92647 92647 Lee Nu Yen-Chun Ursel Petermann Amer i Diane Maori. 7561 Center Ave. , 139 7561 Center Ave , 036 New Owner/1S6Y Cinl4t Vr Huating ton leach, Ci M ton Reich, CA 92669264792 647 667 REOUEECkor FOR CITY COUNCIP ACTION I Date .rung 21 t Q 85 SOMAW to: Honorable Mayor and City Council Submitted by: Charle.c W. Thompson , City Administrator L• N"wed by: .Tames W. Palin, Director , Development Services e 0 Subject: CONDITIONAL USE PERMIT NO. 65-13 - APPEAI. Comi:tent with Council Policy? 4 Yes ( J New Policy or Exception Statement of Issue, Recommendation, Analysis, Fundinq Source, Alternative Actions, Attschowts:� 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. 65-13 , a request to permit the establishment of a church office and to hold church services within the festival hall at Old World Village . RECOMMENDATION: P13nning Commission action and rer_ommendaticn: ON MOTICN BY ERSKINE AND SECOND BY ROWE , CONDITIONAL USE. PERMIT NO . 85-13 WAS DENTED BY THr FOLLOitiIN'G VOTE: AYES: Rowe , Livengood , Frskine , Porter , Mirjahangir NOES: Winchell , Schumacher ABSENT: None ABSTAIN: None The Planning Commission recommends that the City Council uphold 'che Commission ' s action taken on .rune 4 , 1935 and deny Conditional Use Permit No. 81�-13 with the following findings : FINDINGS FOR DENIAL: 1 . The proposed use will have a detrimental effect upon the general health , 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 faciliti?s are no:: adequate for public assembly . 2 . The proposed use is not compatible with surrounding .land uses which include apartments , commercial businessen and residences. i i II 3. The proposed combination and relationship of uses to one another on the site are not properly integrated. 4 . The proposed access to and parking for the various church uses will create traffic or circulation: problems . The Staff recommends that the City Council approve Condi4ional Use Permit No. 85-13 based on the fallowing findings : SUGGESTED FINDINGS FOR APPROVAL: 1 . The proposed use will not have a detrimental effect upon the general health , safety , welfare or convenience of persons residing or working in the area nor be detrimental 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 . ? . 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 appr ?ciable negative impacts. 4 . The proposed location , site layout and design will properly adopt the proposed uses to streets , driveways a d other adjacent structures and uses in a harmonious manner . S. The proposed combination and relationship of uses to one another on the site are properly integrated. 6 . The proposed access to and parking for the various church uses will not create traffic or circulation problems due to the availability of 375 on-site parking spaces and adjacent parking area and the occupancy limitation to a maeimum of 350 persons . ANALYSIS: A l iicaantt : German Evangelical Lutheran Church 7561 Center Drive APFe German Evangeli�cl Lutheran Church Reue.3t : Tn fermi t the >rtabl ishment of a church office and to permit 4 to 6 special church services within the festival hail at Old World Village. Conditional Use Permit No. 85-13 is a request �o permit worship services and a church otr.ice. within the festival hail at Old world Village. The church services would be held on foir to six special occasions , such as the major religious holidays , to eccomwodate the additional people. The applicant does not Intend to use the festival hall for weekly worship services. RCA - June 21 , 1985 -2w ( 2711dI • r 1 If approved, the applicant would also like to use the festival hall for weekly Bingo games . A Bingo license is issued by the Departmc,it of Administrative Services , Development Services and the Polio Department . If approved , the Bingo games would be held weekly on Monday evenings from approximately 6 :CD PM to 12: 00 midnight . Approval of a Bingo 1iceuse does not require any action by the Planning Commission or City Council . The facility was originally approved with 375 or.-site parking spaces and also has the use of one-half of one-Pacific Playa 's ground-level parking spaces located within 200 feet of the west coast soccer league parcel (Old World ) . -tie applicant has indicated he would like to provide 60 tablet , seating 5 people each , for a total occupancy of 400 persons . The parking :equi cement- for this type of use is one parking space for each three fixed .seats. The current occupant load for the Festival hall has been set at 400 persons by Development Services c-ad the Fire )epart:ment . In their review of Conditional Use Permit Ito , 65-12 , the Planning t Cormission wrs concerned with the following issues : A. Non-compatibility of the proposed use With surrounding land gases . A. Inadegjate parking fcr 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 the Planning Commission denier' Conditional Use Permit No. 85-: j . Attached for the City Council ' S review is the applicant 's letter of appeal . f E11VIFO1JMF1:TAI, STA"A'l'S ; Pursuant to the provisions of the California Fnvironmental Quality Act the proposed use is ca teaor ic_a l l y exempt and no environmental review is necessary at this time. FUNDING SOURCE: Not applicable . ALTERNA�,I VE ACTIONS: Approve Conditional Use Permit tic . 85-13 with the a uggested findings and conditions of approval listed in the attsched modified staff report dated May 7 , 1985 ( Attachment No . 4 ) . i .I RCA - .Julie 21 , 1985 �3 «7L1� j W A"ACVNIM: 1 . Letter of appeal dated June 14 , 1985 2 . Planning Corcmisaian minutes dated June 4 , 1985 3 . Staff Report dated June 4 , 1,985 4 . Staff Report plated May 7 , 1985 5. Memo from Gail Hutton dated May 28, 1985 � 6 . Letter from Julietta Lewis dated May 17 , 1985 JWP: MS: kla f' ODIb lVorlb Cammun ` t ` C1)urrb Deutsche Evangel isch-Luthedsche Kirche wr i 7661 Ceet1., Avenue CITY CLt�� � t%M4e,wlwt W *ch.C. 2264 7 PuatfuTC CITY IO lYt t C of CAe(F. WORSHIP SERVICES: 4*30 falh,M �e�eyne w. 81e,►s, N+�a ar Juk 111 12 a ,{qc 1100 GW9144 June 12, 1985. The Honorable City Cocjnc i 1 City rf Huntington peach 2000 *fain Street Huntington Beach, Ca. 9264h. Honorable Council Members , We wish to appeal the decision of that Planning Commission on Conditional Use Permit No. 85-13 to permit a church office and church services on specific occasions not. tt) e.r•cet.-tl (i times a year 1, the 01d i orld Festival hall . j The staff had ruvie,.-ed our request and recor-Lmenred approval . The Gerrian Evan ge.' iced Lutheran Churcn 0-hic_h is the German-sneaking congreg,:ition) anct the Apostle ChristAnn Congregation (which is the English- speaking congregation ) have in they past five years, with the approval of the Hare 0h--ne:'s Association, held many events to clip Festival Hall . Members of the City rnunc i I have his-tin i nvi t(i d and ratly of yoti have attended these � occasions. E:arIy this year we were., inforned hV c: L . staf f that it conditionaI use permit was required for the services in 6he Festival 11all We ir7mediutely Cancelled our Easter event inspi ►.e of the fact that it caused considerable j hardship. We applied for the permit. following th-- instructions of the i Secretary of thL Planning Co=is:sion. We carrot, believe that a worship service is detrimental upon the general health, safety, ael fare or convenience of persons re oLding or working i in the area , and that our prayers are detrimental to the value of the property I and improvements in the neighborhood. De coer tssion, with tvo exeepttons, r seeme►( to make- it clear thrZ if we would drinP iti t.errd of prrly 1:e would not be a detriment . The churrh h:as surveyed almost. evervolie in the OIli Worl(i and has a paition signed by the majority of the people living , worl•in , or owning property in the Old World. Also , city staff sent. out ,i Lcj;al `'lot ice of Public FEeurlag with the I,I result: beirt,; Oril}' t.1.'r) f�it'li I iC'ti (ipE'�O!�1!'�' (?llC r('(lU(':�t . l:. <1plil'iirEl thzit ti►l!se tt�tl families are trl lit iQ'It iLIN lrltli Lhe dl.'velo;wr (►t tlic, Oid W,)! Id and therefore oppose~ -111YUling Which Might ben--,fit thr aeveloper ov the OP +I'c;rld . We are sure you are farm l +•lr' wit.l! :hilt pl obIL-1. We believe, that We art., not. ask 1 nl, you to approvi- anything that. has not been approved before. Elie` li,lll is already r:1tCd IC)r •iEKI pecople I)v tilt: • I I)e elopment Services and the Eire Ilepartment, All. I.t! are askilig is the opportunity to assombir- in th(` Ball Jor .in hour to pruv. 'Die Real Estate r,,Ie 't :•+ t h(!r l)ri( C' ii >~'(`t`h antl I dUlii)t t;hier �. the v have a Conditional U�:(.� l ,`r;ni i . l I s ou. prayer r vit I l y that clisri;,crnu!,' �ut�rlStted , " 1 i ' I r lte�v. Fvcret t Auger f i� llliric•, 1,:1brr�nts I Ernst Winkler I Tt - i ,! A copy the rector, ded t rac-t rr,ap �,ha1 I he filed with the C Depart:ment Deve� loprn+,rlt l'borvir:es I�r iur to i :t;uancc► of huj idini3 perms 3 . On i t e wV er :: y:ctc,rtt :; 1..) IIV c•o11:: t rll(It i,ti •anti do -!isr: tod t►r�r t<'t)hl i c iyc:rks r u(ju i rvnll•111 4 . nrl-s i t c• :.c�a�.�r :,5 s t e.rr, :;til.� 1 1 l►4, r�r i v cM.,, r i :�uh �.•i:t try Publ i c kut'k :; r ►. �tu > r+ )nc�nt:• . �� C-4 COND I TIO«AI. USE: PFRhI T NO. 95--1 3 Applicant : ^Cerman fvano . ,,--it.heran Church Conditional Use Permit-, I:0 . 85-13 is a requ,- st. to Flee^:it a church office to he located in thA festival hall at Old Warld Villaqu and to hermit wot-ship servIce_ z on sp►_ cif ivd occasions pursuant to Section 93il ( I) ) unclassified uses of the O. d inance Code . If Conditional Use Permit. o. 65-- 13 is ap1)rc):'ed by t1)e CO MiS1' irn , the applicant woIi16 a 1 s 0 like to u-,(? t: he ( e:;t. iVN1 hall tvr f3inyn to Help support thi., ir work .•Inca ° nor Lh,.-ir bui lcilny fiind to construct the C ()M1ri c'hUC `'it . kE Vli'w cif .i binUr) i i verl::c' drw. ; rent require arty action 1)y tho- VI Mf) IMI (70FTi1 :1:, 011.1 . 7'HF: PttI3I,IC IIF:ARINk; WA:; 01IF II) I Reverend Nle ns , i pp ) tc,trlt ! n .aipport. of the prcgpct:;al Itoj.,vrt Blue , /it turncy I-vprt,,;ont . nq (- Id Wor ! :i (ron►�r ►o suc: ratinn , expre:;sed the cc-ncern (,I :-.everai people in c,pposit ion cif Lhe proposal There were no ether pvrsonr t. 0 speak: for or agair.:. t ►.ht, propos,,.I and the pub Iic. hearing was clo!,Va . Com^tissioner winch�, 11 .Asked ;. t.aff if the ::�urc1) was e:tat�liahF�d. Mike Adams of st:af f ztrated yes . Comrisrionvt Frskine stated he would be' voting againr.t the proposal ►Ne to t. ht' UICL that the church to Hold bir. o only holds, veCViC(!8 on 6UCC:.i^ 1C1nJ d year but wants, � weakly . Commissioner Schumacher st.gyestea a1)prcj.►al of the proposal ;I excluding the bingo. She _,.,,atird tLat could not. deny the - igh►_ For a church organization : o hold s.;erviceS, 014 MOTION LAY EIiSh I t:E hND SECOND BY POWE: CONN7 10,NA i. 41SZ~ F EMIT NO. 65-13 WAS DE:N1 >rp WI'I'N FIEJI)1 ?+GS BY THE FOLLOWING VOTE: AYES: Howe, I.ivenyoor , Ersxine � Porter mir2ahangir VOES: Winchel 1 , Schumacher ASSENT: None. ABSTAIN: None II M3, ( 2iW ) -11- P. C. 6 -•4/05 • P1NdINr,S i R D NIAL: Y 1 . The propose� use wi 1 1 tcavt- a cif�tr imr-r.t�0l pt fec�, upon the. general .ieaith safer. p ve I f " rv! or conven knee of l:ersons residing ur workino in t:h(r )fVa �"t'd is der � � ri•�cnta . cu the v<3lu�a Of the propt-rLy and impruve.mc,rTt.s in Life ftc`ightlorhood barking Nnd on -s i tf� faci 1 i t ief; arc- not. .,-iE•yuate for public assembly. ' . The propaseci ustt i :, rJc.'. +:ui-9C,atit, l (• with surrotlindinr; land u:;f.,r Wh1Ct: lnclt!(if? t"lllil( t.T°tt?ilt C:bl7Jilt' [ Clct .i and (f?:iJCiE'nC('. $ . 3 . The proposeci combinatJon and rc:lationryhif, o: �1 one • another on the site are, flot properly ir. ti., atc�ci. 4 . The hropos(.'d <lcc•�:>:; to ani ,parkina f of hE: �•ar ioc.-; church uses c_ rr?ate t. relf f I (,l' C ! t ct., l�:sti .,n froi; l ��r. t-. C— (�ODF AMr.N,1)r'E:fJ'I c • F . r C ry• A I lot; (.�r i.i•.t:l)t I (. t,S t > >1 ican_t_ Ci t- v of l;.Jnt in Eton tl( .� t►! t r , I �83 t. hta c i Ct7unr_ 1 1 arrJ �t c r, t'rci; )AxQ are urgen:.y �rc3i :�a�nr. t, F na3nce.� too . s f o �s ,., r I r i c�(i �,t •. -> !)a�;•..� , Prc?h>: bi t t ng an f c; lstuCt���nrF• , ��x{-,::v,at i {�t� o+r r(_r ��, ���, 1 ,-�f •.,n+� r �, t .: r ; - � .� La�ndf ill . nn 'ros�tc l,c r ) r, . ., . . t ror� ,h-e Ascor, ! F, .+ , rite. _'1 t Cc,U1*1.. c 1 through -Joop ion of Urgr_•ncy r i c1 i nc7nr t,(. t V , � � , 1: :: t 'rl(�a'CJ � r.a- ;'(!; :� '.<.,t� 1 iJ!". (try � �;/• XCaV � t 1011 f r- rs , ►•t�ia l t a,rn + ► , „ « .«.,r-atrt �.,snc• t 11 r � `) c�a, ••. Ir' t ♦ r ( � f. r if St!rvJ (•�!:i fJt' iclrtT!!vaf t t t!t' til.• i�. l �)f1:•.Nri � I .i f t .,'�t `; ! J i t ,'t +' 11tIrtt', lt,CiC .3t t)r Jl1R! i�{1r it)(I {� , 'r « j ,`7it �? ilrl tttT•f•tliJ!' + rli ! C) ;I t J { ' Ord i na1rw- co(it, ' �;tlt 1 V J Op -1 r` t t.},•� , a - "�� ��; 1 �1 r,t,rJ�.tt .ltr tsnr� / n:,ur +: r. •� � ;: ., E,t, ,, i roncf.nta I �.nn , r l snti 1 }. [.ro fir lt: . +.• ! of i lan(i; ill . :, t +' c, r -,rtt t. o exc•avat,.- a THE PUBLIC HFA*1INC f3ever1 Ti t us )' , Cila . rp:: r•: or, of t 111, ;a,: •ht`c'� or.;m Landf i l 1 stat(•ci + ;; ; t a;,. t, i,. �,� � i i rc (• for t,hc Aston r(•�� le,�. titi�,' tci t pleased with t hey :; taIfr ri r.I- rctcart and i :;E•rc3atton:; . Mike Adams askc (j ;, • : ssion if :i t_�'I`" ..1 rya:�' _ c the to tance of whichic.' 1 ()ti for th(� City Council t�e`t�tll a from 1 /2 mile to 300 fe(�►: which thk� COMM.1sSion ,t:��t(2d that. t ;t:�y c.c,u ! irt:orpr�rate this into t')e r.ot ion • ' 1 ON MOTION BY M TRJ AHA;�C:I R AND D S E:C G t`I 1? S Y F h`;:�; t f; •^ S RECOMM DED T o CITY COUNCIL APPRGVAL OF CODE AMENDMENT f1t). Tti REDUCTION OF NOTIFIt_ATIOr RADIUS Fit Tilt: FUr.,Li)t�Z '' t7VTHE FrO T OF AYES : .•;inc}'iE:I1 I Live+nacocl , 'Ersk.1ne NOES: Porter $ Pirjahandi : r ' • nt, ,'i8.5ENT: Schur tzcher our_ Qf tht roor, 11ESTAIN: None t26? .14d ), ri --12- 4, y�,��•f}.� :,�.,.:�. .:...cam., : ... ...,. .�.�,:,,.... ..�,.-.=. . ... ,, ,,,,,.._..�. r ,unt birch developM sr�nri �s d"a ttrr f f .REPORT- TO: Planning Comrr,i ,;sion FROM., Development Services ' DATE: June 4 , 1965 SUBJECT: COVDI T IONAL USF. PERMIT 110. 05-1 3 Conditional Use Permit Vo . 85-1 3 wat, continued to the .Tune 4 , 19r5 - meeting due to the 11 : 00 PM curfew net by this Commission for public hearing items . Conditional Use Permit ;to . 55-13 is a re,;u�efit to perni.t_ church services and an office in the fen -, ival hall -it O1c l Wurld Vilage . -he propo ed church r ervi c�,s would be held on f'oi:r to ;, ix ' special occasions ,. such c•1 !i the 1 a )or reli ,.!' Ous f•olida}•c, . if tondi, tional Use Permi t No . 55--13 is .ipprove(i fey the, Cor:� is:. inn , t ;le .apf:licant ' intends to at.ply for it hinno r-err„it thrOLIgh tr,e I:t: paztr,Ernt �►i Administrative Eervice_I . 1�(` , Ivw +_i a binao permit noes not require any action by the Plannin ion . Thc,. a , ached staff report has I:eeri sl ic iit l y r,odif ioc, f ror- t v ,. rvyor t 7 , 1965 . . �•itl;ouc�h the c. r.af ; is still rccerx.t,r csin�; s1���r<�'� ;+ 1 of. r_'on(iitioral Use pt'ri: it L-),-131 , thr- Minor rlf!cessary to clarify tf,L' r�'nUrt . G'n Mc3y 1 1 ci " - t fit_ r%f t?�: r . ,t.��ri :. f s<<'L'l l (1l:L,t'ni .5::'rvi,ces requested a, 1(-nal opinion froi,� tf,f Cit '. ` tturn( regarding ' he issuance of an ordc_!r to nr1U Fief rair'i i :sue l IVy the Pe_parLment of lieal Estate (a copy of t 'rle crc►.�r was insert-ed In your packet ) an March 7 , 1985. . . . was a r. c riate - The City AtIorri.- r wa:. a - k:.d t tc,r.•,.rlt. h t'r.Er it PP F' y :. for the Cor. n', i:s pion to ta:• c, act. Iori on Conditional Us Pe,,riit Vo . 05-1 3 in I iciht oA' th and !,efrain order . i The City At_ Lorney has that the Real ,'.state Cornmissioner la ordvL- to dt: ist anti regain fro?r7 selling and leasing the subject property doL-s not bar the Ci t.y from issuing r• Condit.ional Use. pewit . A copy (; f the, .'ity Attorney ' s opiniar. is attached for the Com-mission ' s review. Tire city Attorney also indicated that the City could validly impose a condition of co)<;plianc a with the state laws regarding subdivided Lands and suggested the following condition . Prior to the issuance of the c:onditicnal use permit , the • applicant shall :supply evie�r�ce that the applicant has a valid and cLIrrant public report ;r�sued Pursuant to Co��er:mE.�nt Code section :11000 , et seq . , f rcm the Department of Real &to Permitting lease of the subject property to the applicant . OOF 4 "w y If Conditional Use Permit No. 85--13 is approved by the Planning ' Ccswission 'the staff recommends that the aforementioned condt.tion bo Included in the approval . 'i ATTACHMENTS: 1 . Staff Report dated May 7, 1985 (Modified ) ' Z. Area 'map ` 3. Floor plan dated April 17, 1985 ' 4 . Site plan 'l . 5. Letter from applicant dated March 7, 1985 k .. . S: kla f s 'Cpt • !i .q 7 F T^ 1 Staff. P*port n n ,l v I c S..t.h.kE4W'eei'..r1.k�' ... r...,..,' .u �_ '. -. ,• _'. .,., . .x-•.. a.' J/mi76.�' { huntftton beech developonot ewrvideo �t�irt STAf E EPORT� TO: Planning Commission 3 FROM: Development Services DATE: May 70 1385 ( Modified) SUBJECT: CONDITIONAL USE PF.FMIT 1.10. 85-13 APPLICANT: Cerman E'vang . DATE ACCEPTED: Lutheran Church Apr 1 ?7, 1195 REQUEST: To permit the establish- MANUA,"OP PROCESfiING : • ment of a church office June 17 ,F 1985 and c.iurch service within the festival hall ZC)Is'F North liuntington at old World Villaun Center Specific Plan ' GF NF R A L PLAN: Mixed LOChi'l01r: 7561 Center Drive Cievelorient ( ncrthwest corner of Center Drive and r-'XISINIC, USr : old World Huntinatcn %ti l la qv Way ,+ �'i ��c• 1 . 0 SUGGESTED AC" ION : Approve Conditional Use Permit No . 8`_.-1 3 bascd on the findings and conditions of approval outlined in this: report . ` 2 . 0 GENERAL At1FOPMATION: Conditional Use Permit No. 85-1 .3 is a request to perni ► a church office to he located in the festival hall at Old World Village and to permit worship servscer, or. :.specified occasions pursuant to Section 9331 ( b ) unclassified uses of the Ordinance Code . If Conditional Use Permit No. 85-13 is approved by the Commission , the applicant would also like to use the festival hall for Bingo to help support their miss on work and for their building fund to construct their own church . Peview of a bingo license does not require any action by thr Planning Commission . ' ZVO wx J t M1 lop 3.0 SURR6i;9DIW AND USE, ZOMI140 AND GENERAL PLAN D_ _Q�-_S_?hNATIO26 : lj� subject Property: r' GENERAL PLAN DESIGNATION: Mixed Development '• ' •. ZONE: N . F.C.'.S. P. LAND USE: ' Commercial and Residential ' ( Old World Village ) S -North of Subject Property : GENERAL PLAN DESIGNATION: Mixed Dev a lop►aen t ZONE: N.H. C. S. P . 1 LAND USE: Existing apartment complex East of EubjecG Property: GENERAL PLAN DESIGNATION: Mixed Development ZONE: N. If . C . S . P . LAND USE: office complex South of Subject Prc e: t , • GENERAL PLAN DESIGNATION: Cenc-ral Commercial ZONE: I)C)S , Necreational 01:en Space LAND USE: Vacant ( Elision R . O-K ) West of Suh -�ect FProperty: GENERAL I'LAN1 DrSiGNATIOtl : mixed Development Z011E: X1 , Light Yanufacturin•a District LAND USE: Vacant ( Railroad P .O .W . ) 4 . 0 EN;VIRONMENli;,i. SThI'US: �. Pursuant to the provisions. of the California Envir&nmental Quality Act the proposed use is categorically exenpt and no environinental review is necessary at this time. 5 . 0 REDEVELOPMENT STATUS: The proposal is within the Huntington Center Redevelnpment Pryject Area and has been reviewed by the Fedevelopment Staff with no fi additional concerns identified . 6. 0 IziSUES AND ANALYSIS : e Conditional Use Permit 11u . 85-13 is a request to permit wocshiF services and a church office within the festival hall at Old World Village. The church services would be held on four•, to fix special occasions , ouch as the major religious holidays , to 'accote►rtodate the ^_ additional people. If approved , the applicant would also like to y use the festival hall for weekly Bingo gaa,es . A Bingo license Is 1 issued by the Department of Administrative Services ,. Developsont Y ^ . e • F; N+. staff Ripact - 6/4 j85 -Z- (237,44 ' i f i Serviced end the Police Department. If approved, the Bingo games Mould 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 action by the Planning Commission. The facility was originally approved with 375 on-site parking spaces and also has the use of one-nalf of One-Pacific Plaza 's ground--level. parking spaces located within 200 feet of the west .coast soccer league parcel . The applicant has indica' -�d 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 cacti three f ixed seats . Using tl,e above ratio, the proposed use would be r9quired to provide 134 parking spaces for 400 persons . The current_ occupant load for the festival hall has been set at 400 by Development services and the Fire Department . 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 RECUN: ENDATION: Staff reconnends ' he Plz;nnino Corrii::sion appi•ovu Conditional Use Permit No . - 05-13 based an the tollo:�ing f indings and conditions of approval . FI11DINGS c"'Ok APPPOVAfY : 1 . the proposed use Wi ; 1 no, ;«3ve a det- rirent. ai effe(..t upon the general nealth , safet r welfare or convenience of persons residing or working in thQ area nor dc>trirental to the value of the property and improverients in the_ neighborhood since parking and on-sits- facilities adc•quat.f for' public assembly. 2 . The proposed use is :.n conGorrance with the Ci ty ' s adopted i Ceneral Plan . ' 3 . The proposed use is :-ompatihle with surrounding land uses which include apartment :, , con,:rie,cia.l businesses and residences since public assembly ha:, previously been approved in the festival E hall at: Old world Village with no appreciable negative impacts . f ! 4 . The proposed location , ,site layout and design kill properly adopt the proposed uses to streets , driveways and other _ adjacent structures and uses in a harmonious manner . ` 5 . The proposed combination and relationship oi. uses to one another on the site are properly integrated. 6. The proposed access to and parking, for the various church u19e00 will npt create traffic or circulation problef�p due to the availability of 375 on-site parking spaces and •dd)acent parking area ind the occupancy limitation to a maximum of 3i0 persons. Staff ttepoc t - 6/4/85 -3_ ( 2370i10 ,Y SUGGESTED 'CONDITIONS - OF APPROVAL: 1 . The floor plan received and dated April 17 , 1985 shall be the approved layout . 2. The hours of operatiors shall be limited to 1 : 00 a .m. for all evenfng 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 . ATTACHME117S: 1 . Area map 2. Floor plan ' 3 . Site plan . 4 . Marrative from thr: applicant dated March 7 , 1965 . JS' :kla • i I{ • w 1 v r $taff Atpoytt 6/4/8f 4 d'• •R • M 1�� .' ECTIONAL DISTRICT MAP 14-5-11 , .. ._..."Wan C I rl,, (),I •{Ga1fG I•••1 {P,�.{il •_♦/u//•.:/••1.�r,r•we •1• •t{�u1Q sl�F !t /•I{•:tt L�.2+ .;/all .w.e•w+ •1/•Ir . HUB .ClNGt ON EACI- f lr a ,l• `� t1�t A IVt; 1•: t: t411 \'1'�' , t; �1 1. 1 1�t► It ti : 1, + :,..._•. .. .•a1 llrs/.. .,...• i � '��• r'...w,i.n•;.N Sri/••1//•.rax4T MKWXD IV 20kt CASE ♦71 I r• i�M.r••....•M•Vrl Ntrl/ �•`. M,P.,IN,All.1011 41 a• 1t`I laa /•,.r••. / T/ !•. I f } IT .,• •� r 1 1 •VC _ J \ i U F,7 i , , i I 1 Nt p :{I , NJ vs t(r� .:l , ads Ros. .,.. .•, ,, C14 j c oe + . - � /; Ii r la•11•• as a� �J., ttf � � •�a1Mu1• w.•. { t f� tl `I V •/ i r a,•Ir•11 IN •1/h ay �. Vol* I L 4 576/ i 1 F l Li L7- 94 7 j ----- t�1 CN EXIT r------, CH DEVELOPMENT SERVICES APR • P.O. Ba 190 �•Omb. gZ�48 - +v r .. t r.� tea::►. ►�, � � r � ' d �1 ;� ► Ll r t4i _ tywE` 4 Grk tr I i a' mow ' r r air X" 404 02"76001 t . .. r ,�rr't -'��'.'' , . .-t: t��i� �-�(4F�/'r`/ 1'`��GR/�4•7 G�'-'r loo" /f.i.�t'•C•l .•.�..f -G-�`7;�).fiI 7 ;�!•�'�iY C;:.:�-<"� ,•'�-y? ..j ��:�t�l .t�'t.�i � Ile � a_..--�..••tom f � - � t ., r%• C� ti .r r • A+. t`�2` c i , . • - ^ : I• E •k „ INTER-DEPARTMENT COMMUNICATION " . Y Noonam i+�'�Tr � Ta Jim Paliii From Gail fiuttoi. .+ ,. . Director of Development Services 1:ity Attorney r;SAW CUP 65-13 , Old Wrarld Date Play 28 ; 1985 } You 17ave inquired whether thepending applicat:.ion for. i; ` a conditional use hermit is affected by the cease and desist order issued by the California Department of Real 3 Estate .k 1, ' r , -' A arently, Old World i.s a planned development subdivision ' ' ? subject to the regulations of the t'al.i forni:a Department of ' Real Estate , The Department has issued an or.dei for the l` 4 owner to desist and refrain from further so-�llinc3, exchangi.r.=a , or lea:ing any of the F:aL'l:(;`is lip tiii� ;;U1>C�1V2 sLUn L1rltil an amended public report i.s by the Vepavt^:eat . The subject conditional use permit applicat.2on i s a r q uetit for a land uae permit , and it: clone; not ir;volve appro:•i_n.cl any leases . the re culat ions o) the J;:!i]1 T-";tate Cur:'5:11.ssioner a► v en-iorcer1 -ij' :.:.r:l, and tho Cit'1' IS Ti(.)t Cti' ilrQCd With either th,. re puny bi l i t;' or the p(:,�u r tO c'nforrtc these pt�rtic•ul�sr rt :�tric�.it.ns . �'ur�l1(:r , i :-.arlltot: from tki-0 Matt-r i a In S11141.11 1 "d tC, L:'-i Cyr• not t:.ht' t.ic:ri..clrl Evangel iC* al lmth :1'an Ch.irch l or , i f oo , wiil!.ther it Y.-as entered into eiL .ht-T prior '_o :ii t ,Jr �:ll:' 't)e31i.t1 trriC!t1t � li cease and Oes 1st. o::t?t'r" Marc l In any L•:'o_'nt-., if t:hero is i"t sale of lt.'l , ILA at: : 1U1i1•. e.':. t' 1w sttlt I L subdiv1sior: I .1Ws , t)i;lt mould be .'. of 13usin(!ss and a Prof ess s ions C.—de sk:'c 10:1 1101 F.: ,2 , en,.O CLI�l 1)? tf-'e S t it _e , not , Lr1t: Clt:�'._ 1r1ii11V, LhQrt, Ais o p.%rt.lu111ar nexu;'i 1)et.Ni:(rrt the l)roponjcd conditioral use permit: pan:', the problem s causino the Uesist order , wh.ich :"elato to f.a.tlint: to pay the monthly t<, aS5CS5rients to the homeowners ' association on unsold lots . ti- in our opinion, the ilea Ei;taty Corunis.siorler t ► ardor to desist and rvf:-ain frc►rt; sel.li:iq and leasing does not bar the city f rc.m issuing the cond i t.':.ona 1 use pe.rmi t rouUht:. a u However, the city could ti•alitiil, impo! a condition of of _ compliance with the state laws regarding subdivi,d-ad lands . Such P.•-^onditrion :light read as Icillows : Prior to the issuance of the conditional. use' permit , the *.applicant shall supply evidence that, thb. applicant hac a valid and current public report: issued pursuar�t to Gouts Code seaLion 1.1000, of seq . , from the Department ►; of Ai T7ksFii tv, permitting lease of the subject proporty ,� to the applicant. , �S „ i May 17, 1985 Mr. Tom Livengood Chairman , Planning Commission City of Huntington Beach 2000 rIairi Street Huntington Beach, Ca . 92646 Dear Sir: j Reg . : C.U. P. 85--13 It has come to our attention that Jurgen Bless , pastor of the new church German Evangelical Lutherele u'hurch in &merica , has presented, as the condition of his request , a signed lease agreement with west Coast Soccer League for the use of the Festival hall for a church Sanctuary . Lupprsedly this agreement will not become effective until the City of Huntington Beach ?pproves C. U. F. 85-13 . I Enclosed is a copy of a Desist and f?eirain Order f1li-443-SA File #37618LA (Old World , Orange County , California) issued by the Departme:it of Real Estate dated 3--1-85 and filed 3-14-85. We have conferred with the m--partment of Rea ). Estate regarding the issuance of a permit based on such lease agreement . Their opinion is : 1) Any property awned by Vest Coast Soccer League could not he sold , 1.ea_.cd, ttansfored , exchanging etc. at tho present tire. 2) "Old World" Is a Planned Unit i)evc.lopment and therefore there shall be no chan:;c in this pro;jc-.:-t cknd making the Deergarden a Evart time Church , racer: concert hall or bits cz parlor .is a MAJOR 11UTERIAE, C11ANGE of the � 9 ,ar igina.l plan that will require an amendment to t-he Public Report . 1;uthing has been done . Any further information cir questions regarding this file should be directed to: Air. Ed Grant: Department of Real Ent ato 107 S . Broadway - Suite 8007 Lost Angeles , Ca . 90012 Ph . : (213) 620--5903 . - Ms. Torn Livenappift. page two Iwo . Also enclosed, please find a copy of a Declaration of Jurgen Bless to the Department of Real Estate in which he states the fact that he never contacted the Homeowners Fsraciation Hoard of Directors regarding his establishing his beveral other churches and therefore we have been burdened ever since by his never ending string of weddings , receptions (sometimes 6 and 7 a day) and bingo without any parking available left for the other 45 shopkeepars (see enclosed letter regarding parking) . The original signed copy in c at the Department of heal Estate and can be obtained. Parking should be availabe to the other 4.50 homeowners and retail merchants 24 hours a day and not like the situation we have now, for the benefit of one. K Thank you for your cooperation. Sincerely yours, J letta Le;Z; ne Ro e r .% Y • Members of the Planning 9 Commission R Plembers of the City Council Gail. Mutton, City Attorney Police Department, Vice Squad Jim Pralin Mike Strange i I r Depaw tempt. of Aral 9s tate 107 South Broadway , from 8107 2 Las Angfles . California 90012 Binh w !j$S 3 ( 213) 620-•4790 Cr �{ 4 • 5 6 i 7 �• I 9 () DEPARTMENT OF REAL ESTATE 9 STAVE OF CALITO N41:A 10 • • • 11 ) TO: ! No. H-443.•SA � 12 Q WEST COAST SOCCER LEAGUE , ) OPD'ER TO DESIST a California corporation . ) 13 ) AVD REFRAIN 14 RE: FILE NO. 37618 LA, "OLD WORLr" , ORANGE COUNTY , CALIFORNIA 10 16 Upon the findings set forth below, the Department of L7 Real Estate of the State of California (hereinafter "Department") 1.8 has made a determination that you have failed to comply with 19 Section 2800 (k) , Title 10 , California Administrative Code , and 20 Section 110.12 of the business and Professions Code of the State 21 of California (hereinafter "Code" ) and that cond�ions now exist 22 in the subdivision which would have caused the denial of the 23 public renor.t pursuant to Section 11018(b) of the Cade if the 24 conditions had existed at the time of the is nuance ,of the public 25 report for the subdivision . 27 / V pop" You are the owner or agent of the owner of certain subdivided real property within the meaning of Section 11004. 514) i of the Code. The planned development subdivision is located.. in r , Orange Countyt is commonly known as "Old World" , and is further identified as l"ile tio. 37618 LA in the records of tfle Departaent. - zz On January 1.3 , 1984 , the impartment issued its final amended subdivision public report for the subdivision, based in l part# on represent:ationp made by you that monthly assessments would commence or. all lots no later than the first of the month following the closing of the first sale of a lot and from that , I time you as the subdivider would be required to pay the homeuwnatrs „. association a monthly assessment for each lot owned by you. f Since the issuance of the final -amended public report, i ! ' you have caused a material change in the set up of the subdivision 3 to take place by failing to pay all monthly assessments due the homeowners association on unsold lots awned by you. IV i 1 You did not nctify ' the Department in writing cif your I intention to make the change referred to in Paragraph Ill above ' 3 prior to putting- the change into effect. 5 / i r M V •r r , J l pOM, Y'NsMPORB 0 YOV. YOUR AaMIN ^NO XWLOYZXS ; AP2 2 NJCXUY 0MXRE0 To 09SIST AND WRAIN from further sailing , exchanging or leasing, offering for sale, exchange or• leas* . 4 soliciting purchasers or lessees , or negotiating for the sale. 5 exchange or leave i; t lots or parcels in the subdivision known ,apt B Old world in the County of orange , State of California , until such 7 ti.r+e as you have obtained an amended public report from the 8 Department. 9 DATED: •�— . 10 1.1 A. . 12 Real Estate Commissioner 13 . 14 i 15 ; 16 i a r 18 19 20 21 22 , i 23 24 2'3 • s So u .� cr. West tCos t s soccer League c/o Josef eischof 26 7561 W. Center Drive Huntington Beach, CA 92666 ' r 27 P Jftp, BSV � pV*!t ►ta�w . Its Mw r t'-d 00 • I , Jurgen W. Sloss declare: $ I an the pastor for the Lutheran Church known 'as Old World S Community Church, a non-profit corporation, located within the 4 subdivision )mown as "Old World" or 001d World Village", 7561 5 Center Avenue, Huntington Beach, California. The Membership of • 6 the church is r made up of shop owners 10 aA* residents of Old 7 World' My address is 7561 Center Drive 11 $ r Huntington Reach# 8 California. My phone number is ( 714) 893-7077 or (714 ) 892-•0609. 9 Sometime around I`ebruary, 19790 while any wife and I were an - E; 10 route back to Germany from the Southern California area , we heard 11 about a European/German village community in the Huntington 12 Beach, California area. When we came to see the village and saw 13 the church building, I made Inquiries about the church and church 14 services. T do not recall who, but someone referred me to Joseph 15 Pischof thereinafter hischof ) . As I recall , I was told that 16 Bischof was the president of West Coast Soccer League, the � 17 company that had built Old World. Durincj ray meeting with 1s nischof , T learned that' there was no pastor fot the church and 19 that no one was conducting services in German, even thouqh most 20 of the shop owners and residents were German speaking. I 21 volunteered to 9 i schof to conduct set-vices while I was in the 22 area and Pischof told me this would be all right . 23 After the first service, which T understand was advertised 24 in the German paper, T do not racalI the name of this paper, or 25 who pl aceo the ad, I received several phone calls request i nq I 26 continue to conduct services. 27 N�N i�ur..y • is pair • 1- rM 00 1 A few weeks after I began holding the services , t spoke to a . 2 Mc, Kline, I do not recall his title or function at th* timoo and, 3 with Bischof. It was at this time, eischof told aye he would tame 4 care of everything and that i could use the church building for 5 Sunda services at no charge. I was unaware of Dischof ' s status y 9 S 6 in the village , (hereinafter Old World ) * or that there was a 7 homeowner association which I should have included in mry 6 arrangements with Bischof. i assumed that Bischof had the J authority to authorize 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 meetinci regardinq my announcement . 16 Sometime around the end of 1979 , Bischof approached me 17 regardinq money , which he indicated was to cover the cost of 18 maintenance and homeowner association fees. we reached a verhal 19 , agreement , whereby Dischof received , on a fee basis , so much 20 money per event , i . e . , weddinqn , 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 me 24 directly, or to the church corporation. 25 Durinq the same period of time , the church corporation has 26 rentedo on• a yearly basis, the bridal shop ( unit '18 ) and music 27 shop (Unit 34 ) , buth of which I am currently manag.i nq . ,UNr PAPER �. "Se 00 t►•.frsor�• 'r 1. now • ' 0 1 A few Weeks after I began h^. !ding the mervices, I spoke to a t 2 Mr. Kline, I do not recall his title or function at the time, aid 3 with Bischof. It was at this time, Rischof told one he would take , p 4 care of everything and that I could use the church , building for 5 Sunday services at no charge. I was unaware of Bischof`s status S in the village , (hereinafter Old World ) , or that there was a y homeowner association which I should have included in my 6 arrangements with Bischof . I assumed that Rischof had the 9 authority to authorize my use of the parkinq facilities and 10 church building 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 meeting my :intention to hold church services on 14 a regular basis. There was no discussion during this meeting at 15 After this neetinq regardinq my announcement . 16 Sometime around the end of 1979, Bischof approached me 17 regardinq money , Which he indicated was rn cover the cost of 2 18 maintenance and homeowner association fee—n . We reached a verbal 19 agreement , whereby nischof received, on a fee basis , so much 20 money per event, i . e. , weddings, bingo games, etc. , held at the • i 21 church excladinq Sunday church services , i 22 From approximately 1980 on, pischof •aaproacherl me at 23 different times to offer to sell the church buildinq tn me III 1 24 directly, or to the church corporation. 25 , Durinq the same {period of time, the church corporation has 26 rented, on ' a yearly basis , the bridal shop ( 0nit '18 ) and music 27 sloop (Unit 34 ) , both of which I tam currently manaq.incs . just FIA*tw r 11� fMly �•ft• -2- i 1 On or about the first week in December, 196 1 , th* church y 2 Counsel approached Aischof about purchasing the church buildinq, f } 3 A real estate aqent , who was a personal friend of one of thi; `. 4 church members, assisted 3n writinq the offer to •purchasee. I do 5 not recall the name of the real estate agent or .the church �f • 6 member. A copy of this offer is hereby attached and made a part 7 of this declaration as Exhibit A. a Bischof refused this offer, refused to write a counter 1j ' 9 offer, but did give us a verbal counter offer and all counter i c 10 offers negotiated from this point on were verbal . , { 11 tile , the church counsel and 1 , were unable to come to an 12 agreement on price and/or terms , even though several offers and 13 counter offers were vexbally proposed by both Hischof and the 14 church counsel . 15 We continued there verbal negotiations in an attempt to 16 purchase the church buildinq from Nischof until sometime between 17 June and Auqust , 1982. lA Sometime between .tune and August , 1982, durinq these last 19 verbal negotiations, nischof told me that if i or the church 20 corporation did not want to purchase the church buildinq, he had 21 someone elze who wanted to buy the church. 22 1t was durinq this time (June-August , 1982) , that we, the 23 church counsel and 1 , decid.2d not to purchase the church buildinq 24 as ©ischof would not settle on a purchase price, would not write 25 down his offer to us and wanted to establish a sales price 2a different from the price we were actually qoinq to pry for the 2^ church buildinq should we complete the purcha ne. •A coPy of -3-- lux r 01^4090t IftV 00 sischof ' s notations concerninq the last purchase price and down . , Z pa}npent that we spoke about is hereby attached and made a part '46t 3 this declaration as Exhibit 8. 4 Since June-Auqust , 1982, there has been no ',negotiations for , 5 the purchase of the church buildinq other than perhaps a passfnq 6 remark to me from Rischof, such as, "When are you goinq to buy 7 i t3" 8 During all of the negotiations to purchase the church, from 9 1980 through June or August , 1982, there was never any Mention of 10 the public report or they need for one to be given to the church i 11 corporation/church counsel as part of the purchase papers, which 1 12 I s_inderstand is required by the Department of Real ':state . 13 Dischof never mentioned the public report or the need for having • 14 an amended public report if we purchased t he building daring our 15 June-Auqust , 1982 negotiations . 16 r declare tinder penalty of perjury that the foregninc; is i 17 true and correct . 1 1.6 Signed in the City of . Mate 19 of California , this , oay of r 20 19 21 ' 22 Ss gnat ure o [ Declarant 23 Home Address : 24 Home Telephone No. ( } 25 Business Telephone No. ( } 26 Business Address: ' 27 -4- ,)Wlt IAPtA f,%ri M sr►•w + IU Ili snow + i • iN EUROPE DISCOV jar • April 9, 1982 QD1 3M 1 TO: Pastor Jurgen Bless . ' PROM: Old World Owners Association SUWECT: Parking during weddings on week-ends Dear Pastor Bless : Parking has become a very serious problem on both, Saturdays rnd Sundays; at the Old World Village parking lots. This proble= '{ stems primarily from the large number of people attending weddinga and later the receptions , reacts and dancing. Customers who come to shop in the Villftge ntores are then hard pressed to, rind +� parking space and many just drive away. a In order to alleviate this; problem and to make it more er,'.sitable ' to you and the merchants in the Village , it Is recommend-Li that the wedding guestu be directed to the parking areas east or the Old World Village ar Jerwel's area. In order to accomplish this task, you could deasignnte attendants to direct traffic at, least during the period when the guests arrive. In addition, you would post signs indi_atinS where the guest are to park. Your compliance with this request at the onrlient time posuible la highly appreciated. Sincerely yours, David Apodaca -... r President �. •� Old World D-4narn Austoc:iatson uliettn Lewis: Secretary Old World Owners, Association , Joac1111 hischof ,� - -- Lee 11. Uurtst, 6.R.O.A. attorney tdcz,•sber:e of Board of Directors •c tort File OLD WORLD VILLAGE MERCHANTS ASSOCIATION 89i.7ow. NI-446 AT !EACH K%11. MT SAN 01tW F W Y. 7$6e f enttt Avc.. HominAtom Bcxh. CA 91641 TO: CITY COUNCIL CITY OF HUNTINGTON BEACH RE : REQUEST TO DENY COOND I T I OVAL USF. P£:RM I T 185--13 i i 7 i x June 26, 1985 TO: City of Huntington Beach City Council FROM: Concerned members of the Old World Owners Association Re. : Conditional Use Permit #85-13 Dear members of the Council: We are writing this letter to express our wholeheartedly support of the Planning Commission' s slscision to deny Conditional Use Permit #85--13 to the German Evangelical Lutheran Church in America to permit the establishoont of a church office and church set.vico s within the Festival Stall at Old World Village. This North Huntington- Center Spncific plan, tract tll9, C.U.P. #75-24 , site 2, European Village , was appre- .� by the City of Huntington Beach in 1975 and consist-, 4S residential/condominium units in conjunction Kith commercial floor area immediately below. The center also provided a 12 unit motel, a restaurimt/beergarden, Chapel , Sunday school and townhall building which did not have dwellings or residences above (Exhibit A) . This quaint little European hamlet was to he governed by I a Board of Directors and a set of do umernts (try-laws, Articles of incorporation, and CC i Rs) that were approved by the city And the Department of Rea:. Estate and as outlined by ra letter received by the city of Huntingon Beach from the Law Offices of Holzwarth i Unsworth, attorneys for the developer , Josef Bischof (West Coast Soccer League) (E..vhibits R, C and Da . parking was allocated using a formula of 3 persons to a car and specific parking spaces was desig- nated for the, non-rervidencial units (Exhibit E) . please note that the Chapel. was intended to Zee used primarily by the omiers and residents of Old World and zero parking spaces were allocated to that facility (Exhibit F) , therefor* , the chapel was never intended nor approved as a church for the general public. it is true that pastor Jurgen Bless began the operation of his different churches an Old World Village several years ago, but this was done without the knowledge or approval of the Board of Directors and homeowners , as per his ovn admission in his signed declaration made under penalty of perjury to the Department of Real Estate (Exhibit G) . City of H.H.Cith,. :ouncil 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 as Sunday services for the villagers has expanded into 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 Beergardan and under the church). All there 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 spaces in the west parking lot and 144 in the east pairking 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 dervel Corporation. We must riot loose night 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 Direct,orn to alleviate the parking problems generated by the applicant ' s weddings and church activities . These requests were essentially ignored. it should be nWzed that Lot 449, consisting of a Restaurant/ Beergarden does not have any offices in the premises , in fact , the Restaurant ' s office is located in Unit 048 . When the Planning Commission asked the applicant where the church offices where to be located in the Beergardeii, the applicant pointed at two areas , one at each side of the Beergarden stager these very small areas are used as temporary storage for mu- sical instruments and props. These areas are hardly large enough to hold a small desk, let alone an office. According to the application submitted to the Franchise Tax Board and to the :�nternal Revenue Service (Exhibits I And J) the address of the German Evangelical Lutheran Church in America in unit # 18 , this Unit is rented by the applicant in a month to month basis without residing in the premises is clear defiance of our governing documents (Exhibits X and L) . The applicant in not a homeowner. It is obvious that the sole purpose of establishing an office in the Beergarden is to- set :he adage for holding weekly bingo games as per the applicant' s letter to the Planning Departr.snt. �lY-'�.,L':t �"r v .i'7;'=','1�C:i�.S'!i'1; •' �,: ..:. - ..vL4'CSyw..,::.iw..«. ....,..... ... _. ,.. ..w .. -__- _- City of H. B. City Council C.U.P. 195-13 Page three In the past, the Apostle Christian Congregation Church Cor- poration, under the pastorship of the applicant, was granted a pemit by the city (again, without the knowledge of the Old World Board of Directors and homeowners) to conduct birvo games in the Beergarden. This permit was revoked in April of 184 due to violations of Municipal and Penal Codes, which led to criminal charges and conviction of the applicant (Exhibit H) . On October 2 p 19 8 4 , Josef Bischof (WEST Coast Soccer L mque) developer of: Old World and owner of Unit 449 , applied to the city of. Huntington Beach for a bingo permit to hold weekly bingo games in. the Benrgarai:n (copy of application at the Business License Department) . He did this as the president/founder of a church under the name of "Germa,t 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 perwi.t was denied by the City and strongly opposed by Jie Association' s Board of hirectors and homeowners (Exhibits Q and R) . The character players of the present application for a ! Conditional Use permit .are the same individuals under the guise of a different church name , now applying for a church '�. office with the ultimate 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 Beergarden, If' with the proposed church offices , is being sat for the sme old play starring the same old actors , but wearing brand now costuries. Individual praperty owners of Old World were lured into this quaint European Style Village without the slightest iodicatian of what has occurred as results of permits and bucineas licen- ses issued by the city. Owners were aware of the Oktoberfest celebration, They were certainty not aware of the fu;:urer Rock concerts , wet T-shirt contests , weddings and bingo that :Followed. (Exhibit S) . Issuance of permits and licenses for activities that violate j the original. Planned Unit Development ' s intent and than Association ' s governing documents (Exhibit T) , have placed a tremendous liability on the homeownersa, which if ever tested in court w111 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) reflecting City of H. R. v Council C. U.P. #45.13 f Page four the Old World Owners concerns regarding these kind of activities. Therefore, we strongll urge the City Council to uphold the Planning Commission' s decision to deny Conditional Use permit f 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 weirs distributed b the r g Y applicant And being displayed on Unit #18. It is an obvious attempt to discredit and ridicule the Planning Coeamission and those owners who exercised their rights by bringing public pressure to bear. The press release states that the German Eva rgelical Lutheran Church in America has been holding services for over five years. YnteresttAgjk,' • the churuh j[ incorporation date was 1983 , that is two years ago (Exhibit 0) . There are several other erroneous and false statements and accussaiions , including the fact that Mr. Mirjahangir supported the church request. Mr. Mirjahangir, along with the majority of the commissions-rr voted to deny the permit . The publicly posting of this press release has caused embarrasment to the owners who had representation at the Planning Commission hearing, and confusion and anger to the customers who come to this village. This is just one more example of the abuse the homeowners sustain. Thank you for your consideration. Very truly yours,, etta 1,ewis Y nne Ro i