ORDINANCE NO. __
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GARDEN GROVE
AMENDING PROVISIONS OF THE LAND USE CODE RELATING TO
SUBSTANCE ABUSE TREATMENT CENTERS.
City Attorney Summary
This Ordinance amends provisions of the City’s Land Use Code, Title 9 of the Garden Grove Municipal Code, pertaining to substance abuse treatment centers, conditionally approving the use in the M -1 (Limited Industrial) Zone, and establishing regulations applicable thereto.
THE CITY COUNCIL OF THE CITY OF GARDEN GR OVE HEREBY ORDAINS AS FOLLOWS:
SECTION 1: Subdivision (C) of Section 9.04.060 of Chapter 9.04 of Title 9 of the Garden Grove Municipal Code is hereby amended to revise and add definitions as follows (additions shown in bold/italics; deletions shown in bold/strikeout):
"Medical, dental, and related health services support facilities" means an office or health facility providing diagnosis, treatment, or care to patients exclusively as outpatients. Care may include, but is not limited to, the provision of medical, surgical, dental, mental health, rehabilitation, podiatric, optometric, or chiropractic. “Substance abuse treatment centers” shall not be considered “medical, dental, and related health services support facilities.”
"Prescription pharmacy" means an establishment where the predominant activity is the preparation and dispensing of drugs and medicines. “Substance abuse treatment centers” shall not be considered a “prescription pharmacy.”
“Substance Abuse Treatment Centers” are facilities or clinics that operate outpatient treatment, whether or not counseling services are provided, for persons with a substance abuse disorder by employing medicines such as methadone, suboxone, subutex, and vivitrol, which eliminate cravings and withdrawal symptoms that may occur when individuals with various
substance dependence stop using their substance of abuse.
SECTION 2: The section pertaining to “Offices and Related Uses” under the “COMMERCIAL” land use designation of Table 1 of Section 9.16.020.030 of Chapter
9.16 of Title 9 of the Garden Grove Municipal Code is hereby amended as follows (additions shown in bold/italics; deletions shown in bold/strikeout):
Garden Grove City Council
Ordinance No. ___
Offices and Related Uses
O-P C-1 C-2 C-3 M-1 M-P O-S
Additional
Regulations
and Comments
Administration/
Business P P P [-] [-] [-] [-]
Banks/
Financial
Institution
P P P P P [-] [-]
Medical, Dental
and Related
Health Service
Support Facilities
P P P [-] C [-] [-]
Prescription
Pharmacy P P P P [-] [-] [-]
Professional
And
Clerical
P P P [-] [-] [-] [-]
Public Utility
(Commercial) P P P P P [-] [-]
Substance
Abuse
Treatment
Centers
[-] [-] [-] [-] C [-] [-]
See Section
9.16.020.050.B
E
(Substance
Abuse
Treatment
Centers)
SECTION 3: Subdivision (BE) of Section 9.16.020.050 of Chapter 9.16 of Title 9 of the Garden Grove Municipal Code is hereby amended as follows (additions shown in bold/italics; deletions shown in bold/strikeout):
BE. Supermarket. Subject to conditions of approval as outlined in Section 9.08.080. Substance Abuse Treatment Centers. Such uses shall require a conditional use permit and shall be subject to the following conditions:
1. Abandonment. A conditional use permit for a Substance Abuse Treatment Center shall be considered to be null and void if the establishment ceases operation for 180 or more consecutive days.
2. Location Restrictions.
Garden Grove City Council
Ordinance No. ___
a. Substance Abuse Treatment Centers shall not be
permitted to be located within 5 00 feet of any "R"
zoned property, any property with a residential
overlay, any property occupied by a residential use,
any Planned Unit Development unless it is amended
to expressly allow the use, any public or private
school facility, grades K through 12, any property
developed with a child day care center, any property
occupied by a community meeting center, a public
park, or a public library.
b. A minimum distance of 500 feet shall be maintained
from any other Substance Abuse Treatment Center
within or outside the City limits, as measured from
the property line.
3. Conditions on Use. The hearing body shall have the
authority to impose conditions on a Substance Abuse
Treatment Center to ensure compliance with the
provisions of this section and to mitigate against potential nuisance or public safety concerns. Those conditions may include, but are not limited to, restricting hours of
operation, requirements for security lighting and cameras, requirements for private security, and monitoring of
parking lots. Dispensing of medicine shall occur within a wholly enclosed building. No drive -thru facilities shall be permitted.
SECTION 4: Subdivisions (C) of Section 9.16.040.150 of Chapter 9.16 of Title 9 of the Garden Grove Municipal Code is hereby amended as follows (additions shown in bold/italics; deletions shown in bold/strikeout):
USE REQUIRED MINIMUM PARKING SPACES
C. Office
1. General business offices 1 space per 250 sq. ft. of gross floor area
2. Medical, dental and related
service support facilities 1 space per 170 sq. ft. of gross floor area
3. Substance Abuse
Treatment Centers
5 spaces per 1,000 sq. ft. of gross
floor area
SECTION 5: If any section, subsection, subdivision, sentence, clause, phrase, word, 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, Garden Grove City Council
Ordinance No. ___
subsection, subdivision, sentence, clause, phrase, word, or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases, words or portions thereof be declared invalid or unconstitutional.
SECTION 6: The Mayor shall sign and the City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same, or the summary thereof, to be published and posted pursuant to the provisions of law and this Ordinance shall take effect thirty (30) days after adoption.