URGENCY ORDINANCE NO. 2959
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
THE CITY COUNCIL OF THE CITY OF GARDEN GROVE DOES ORDAIN AS FOLLOWS:
Section 1. Legislative Intent and Findings.
A. On December 20, 2023, pursuant to Government Code Section 65858, the City Council of the City of Garden Grove passed and adopted Urgency Ordinance No. 2949, which is an urgency interim ordinance imposing a moratorium on the approval and establishment of S ubstance Abuse Treatment Centers pending completion of a study and adoption of regulations to address negative impacts that may be created with their development, and establishment and operation, in addition to impacts of their establishment in mixed-use zones. Many of the City’s mixed-use zones are programmed for the development housing projects, and the establishment of substance abuse treatment centers in mixed- use zones could cause the City to violate State Housing Laws, which require compliance with Housing Element policies to promote housing opportunities and to implement no net loss requirements for uses or activities that prevent the development of housing.
B. On January 23, 2024, the City Council adopted Urgency Ordinance No. 2950 extending the temporary moratorium for an additional 10 months and 15 days through December 19, 2024 , in order to provide staff with sufficient time to study and analyze possible regulations and identify appropriate locations and the process for approval of Substance Abuse Treatment Centers, as well as establish adequate proximity to sensitive and neighboring land uses.
C. Staff has received zoning- related inquiries related to new substance abuse treatment facilities.
D. Until new regulations are in place, the development of new Substance Abuse Treatment Centers continue to pose a current and immediate threat to the public health, peace, safety and general welfare for the reasons stated in Section 1 of Urgency Ordinance No. 2949.
E. The City has commenced a zoning study to determine the appropriate zoning, development standards, and other proper regulations applicable to substance abuse treatment centers to protect the public health, safety, and welfare of the community.
Garden Grove City Council
Urgency Ordinance No. 2959
F. City staff require s additional time in which to thoroughly review and evaluate the issues giving rise to Urgency Ordinance No. 2949, and to finalize the necessary zoning study and the process for a Zoning Code amendment.
G. The City Council recognizes the need for Substance Abuse Treatment Centers, and at the same time is concerned that any negative secondary effects (such as loitering, accumulation of trash, noise, narcotic us e activities, disturbances, and the like) may be incompatible with the public health and safety of c ommunity. In addition, many of the properties within the City’s mixed -use zones are included in the certified Housing Element Housing Sites Inventory and the City must ensure that no barriers to the development of these properties into housing are created to maintain compliance with State Housing laws.
H. Pursuant to Government Codes Section 65 858(d), the ordinance discusses the measures taken to address pertinent issues prior to the expiration of the moratorium. Since the adoption of Urgency Ordinances Nos. 2949 and 2950, staff surveyed 21 cities to obtain information on how other cities regulate Substance Abuse Treatment Centers, initiated discussion with the Garden Grove Police Department to discuss best practices, and requested “Calls for Service” for existing facilities located in various cities. Additionally, s taff toured multiple Substance Abuse Treatment Centers to better understand the operations of use, as well as organized a round- table between the City Attorney and Community Development staff to di scuss potential regulations for Substance Abuse Treatment Centers.
I. Staff has requested more time to study and adopt a Zoning Code amendment to address secondary negative impacts, conform with State Housing Laws, comply with Housing Element implementation, and establish reasonable standards and review processes applicable to Substance Abuse Treatment Centers.
J. The City Council believes that careful consideration and thorough study of potential regulations , pertaining to the Substance Abuse Treatment Centers, is required.
K. The City has noticed and conducted a public hearing to consider the adoption of this ordinance as provided by law.
Section 2. Extension of Moratorium for an additional 12 months.
Pursuant to California Government Code Section 65858(a), Urgency Ordinance No. 2950 is hereby extended for an additional 12 months beyond the additional 10 months and 15 days original moratorium authorized on January 23, 2024, until December 19, 2025.
Section 3. Effective Date. This interim ordinance shall become effective immediately upon its adoption.
Garden Grove City Council
Urgency Ordinance No. 2959
Section 4. Urgency. This interim ordinance is necessary for the immediate protection of the public health, welfare, and general safety for the reasons identified in Section 1 of Urgency Ordinance No. 2949 and Section 1 hereof.
Section 5. Severability . If any section, subse ction, subdivision, sentence, clause, phrase, or portion of this Ordinance is, for any reason, held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have adopted this ordinance and each section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases, or portions thereof be declared invalid or unconstitutional.
The foregoing Urgency Ordinance was passed, approved, and adopted by the City Council of the City of Garden Grove on the 12th day of November 2024.
/s/ STEVE JONES
MAYOR
ATTEST:
/s/ LIZABETH VASQUEZ, CMC ____
CITY CLERK
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS:
CITY OF GARDEN GROVE )
I, LIZABETH VASQUEZ, City Clerk of the City of Garden Grove, do hereby certify that the foregoing Ordinance was passed by the City Council of the City of Garden Grove, by a vote of four-fifth (4/5
th) of the members thereof, at a regular
meeting held on the 12th day of November, 2024 by the following vote:
AYES: COUNCIL MEMBERS: (7) BRIETIGAM, O’NEILL, DOVINH, KLOPFENSTEIN,
NGUYEN-PENALOZA, TRAN, JONES
NOES: COUNCIL MEMBERS: (0) NONE
ABSENT: COUNCIL MEMBERS: (0) NONE
/s/ LIZABETH VASQUEZ, CMC
CITY CLERK