Item 412/2024
Final
City of Garden Grove
INTER-DEPARTMENT MEMORANDUM
To:
Lisa L. Kim From: Niki Wetzel
Dept:
City Manager Dept: Community Development
Date: 11/12/2024
Subject: Adoption of an urgency ordinance authorizing an additional 12-month extension of Urgency Ordinance No. 2950 imposing a moratorium on the approval of substance abuse treatment centers pursuant to Government Code Section 65858 entitled:
AN URGENCY INTERIM ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GARDEN GROVE AUTHORIZING A 12-MONTH EXTENSION OF URGENCY ORDINANCE NO. 2950 IMPOSING A MORATORIUM ON THE APPROVAL OF
SUBSTANCE ABUSE TREATMENT CENTERS PURSUANT TO CALIFORNIA GOVERNMENT CODE SECTION 65858. (Action Item)
OBJECTIVE
For the City Council to adopt an additional 12-month extension to Urgency Interim Ordinance No. 2950 imposing a moratorium on the approval of permits or land use entitlements for Substance Abuse Treatment Centers. The moratorium will allow staff to study and consider enactment of zoning measures to appropriately update the City’s Municipal Code and Zoning regulations. This ordinance extends for a period of one (1) year , from December 19, 2024, through December 19, 2025, Urgency Ordinance No. 2950.
BACKGROUND
On December 20, 2023, the City Council adopted Urgency Ordinance No. 2949, an urgency measure establishing a 45 -day moratorium prohibiting the issuance of any new license, approval or entitlements related to new Substance Abuse Treatment Centers in order to protect the public health, safety, and welfare of the community.
On January 23, 2024, the City Council adopted Urgency Ordinance No. 2950, extending the temporary moratorium for an additional 10 months and 15 days (for a total of one year) , in order to provide staff with sufficient time to study and analyze possible regulations, identify appropriate locations, and the process for approval of Substance Abuse Treatment Centers.
Item 412/2024
DISCUSSION
Since adoption of Urgency Interim Ordinance No. 2950, Community Development staff has surveyed 21 cities to obtain information on how other cities classify and regulate Substance Abuse Treatment Centers; toured other facilities to better understand the operations of use; discussed best practices and requested “ Calls for Service” for existing facilitie s located in other cities; discussed security measures and best operational practices with the Garden Grove Police Department; and discussed potential regulations for Substance Abuse Treatment Centers with the City Attorney. Though much work has been done , staff needs additional time to review Municipal Code regulations including operational standards, zoning regulations, locational criteria, and other pertinent revisions aimed at minimizing the potential negative impacts from Substance Abuse Treatment Cen ters. Due to the need to protect the public safety, health and welfare of the community, staff is requesting a 12 -month extension to Urgency Interim Ordinance No. 2950.
The adoption of the extension to this urgency ordinance requires 4 affirmative votes of the City Council. If approved by a four-fifths vote, the temporary moratorium will be extended for an additional period of 12-months, through December 19, 2025. While in effect, City staff will continue a comprehensive review of its regulations and determine the adequate regulations for Substance Abuse Treatment Centers to protect the health and safety of residents. Government Code Section 65858(d) requires that 10 days prior to the expiration of the urgency ordinance or extension, the legislative body shall issue a written report describing the measures taken to alleviate the condition that led to the adoption of the ordinance. This report complies with this requirement.
ENVIRONMENTAL REVIEW
This ordinance is not a project within the meaning of Sectio n 15378 and is exempt under Section 15061(b)(3) of the State of California Environmental Quality Act (“CEQA”) Guidelines, because it has no potential for resulting in physical change in the environment, directly or indirectly. The ordinance prohibits Subst ance Abuse Treatment Centers from being established in the City and therefore will maintain current levels of development during the moratorium period.
FINANCIAL IMPACT
None.
RECOMMENDATION
It is recommended that the City Council:
Conduct a Public Hearing; and
Adopt Urgency Interim Ordinance authorizing an additional 12 -month extension of Urgency Ordinance No. 2950 imposing a moratorium on the approval of Substance Abuse Treatment Centers pursuant to Government Code Section 65858.
Item 412/2024
ATTACHMENT(S)
1. Urgency Ordinance Moratorium Extension - Substance Abuse Centers
2. Ordinance No. 2949
3. Ordinance No. 2950