The shelter in a new multipurpose building at First Southern Church, Buena Park, Calif., received unanimous approval from the city's planning commission Jan. 14.

The church's homeless ministry, headed by church pastor Wiley Drake, has been the focus of controversy -- and national media attention -- for more than a year.

Drake was sentenced to, then credited for, 1,500 hours of community service in September after he and the church were found guilty of four counts of misdemeanor criminal actions that violated the city's zoning laws in connection with the homeless ministry.

In 1996, Drake was instrumental in urging messengers to the Southern Baptist Convention (SBC) annual meeting in New Orleans to formally threaten a boycott if The Disney Company continued in an "anti-family" direction. Last year in Dallas, SBC messengers followed through by calling for a boycott.

Drakeps congregation is located within a few miles of Disneyland.

As many as 50 to 75 homeless people arrive at the church daily. They are now being housed in an enclosed patio.

After the planning commission's action, Drake said he was "very happy."

The new 5,200-square-foot facility is to be built on faith without borrowing any money, he said. Construction costs could range from $25 to $100 a square foot, he said, depending on labor and materials donated to the cause.

City review of construction plans for the church's new homeless facility will take place in February and, if approval is given, construction is scheduled to begin in June, The Orange County Register reported.

In the interim, Drake said, the patio will continue to be used in the homeless ministry under a conditional use permit.

The newspaper reported that Drake and city officials came to an agreement late last year on the proposed shelter, after the city had rejected the church's earlier construction plans.

Under the agreement, the church will limit the number of homeless people who can sleep at the new shelter to 52, and the church will prohibit homeless people from sleeping in cars parked on church property.

The vice president of a company adjacent to the church property was the only person to testify at the planning commission hearing Jan. 14, the newspaper reported. He said his company had been hurt by homeless people who "hang out" around the business.

Drake remains on probation ã with terms that include inspections of the church "without notice" for fire, building and health regulations. He is appealing the provision. In last summer's three-week trial, the 12-member jury deliberated 16 hours before returning a verdict.

"This has been one of those circumstances where we did our best to comply with man's law, but the bottom line was, we had to obey God's law," Drake said after his sentencing. "God honored Psalms 41:1-2 that said, '... blessed is he that considered the poor.' I can testify that God indeed delivered us in our time of trouble and he preserved us." (BP)