The dispute involves Anchor Stone Christian Church, a Chinese congregation located in nearby Irvine that wants to move to a new building in Santa Ana, a city of 308,000 in Orange County.
First Liberty Institute attorney Ryan Gardner tells AFN the law firm got involved because it believes the church is being treated unfairly by the city’s Planning and Building Agency. According to Gardner, citing church leaders, the congregation was advised by the city it would be permitted to obtain a conditional use permit after purchasing the property.
"The city changed its tune and said, 'No, you can't have your church building here,' and they denied them that permit," Gardner advises. "So they have a building, that they bought explicitly for religious purposes to house their church, and now they can't use that building."
The congregation, which began as an in-home prayer group, purchased a new building to meet its growing congregation of first-generation Chinese immigrants. The building has now sat unused and vacant for approximately two years, according to First Liberty.
An official city document, found online by AFN, shows Anchor Stone wants to move into a 3,843-square-foot building that is part of a larger office complex.
As part of the application process, a zoning review flagged the church plans as “inconsistent” with the area’s “General Plan” and advised to reject the permit. In a public meeting, the Planning Commission denied the permit requests in a 6-1 vote 13 months ago. An appeal was also denied months later.
AFN is seeking comment from the City of Santa Ana.
According to First Liberty’s letter to the city, the city government never raised the issue of the "General Plan" zoning problems until after the property was purchased.
A second church congregation is located across the street, Gardner says, and the City of Santa Ana was also sued by a second church over zoning complaints. That lawsuit ended with a settlement, he says.
First Liberty is giving the City of Santa Ana until Nov. 22 to “do the right thing” for Anchor Stone congregation or face another lawsuit, Gardner says.
