City staff has received inquiries about establishing substance abuse treatment centers in the City.  These are facilities or clinics that operate outpatient treatment and counseling centers that in addition to counseling treat individuals with substance abuse disorder by employing medicines that eliminate drug cravings and withdrawal symptoms that typically occur when individuals with various substance dependence stop using their substance of abuse.  While these uses provide a valuable service to the community, they can be associated with negative impacts on surrounding properties.  These negative impacts can include, but are not limited to, loitering, narcotic use activities, disturbances, trespass, assaults and battery, interference with use and enjoyment of property, and property devaluation arising from the negative public perception pertaining to living in or operating a business in proximity to them.  Because of this, the public health, safety, and welfare may be negatively impacted without adequate regulation of such uses.

A review of the Garden Grove Municipal Code reveals a lack of regulations for substance abuse treatment centers, which was not a problem when the City was more agricultural in nature.  Now that the City is built out, the Code needs to be revised to address potential negative impacts associated with substance abuse treatment centers, especially with respect to surrounding businesses and sensitive uses such as residences, schools, and parks.  In addition, the City is required by the State and its certified Housing Element to ensure that a minimum number of additional housing stock is developed in the City.  With some of the City’s mixed-use zones intended to allow residential development in zones that were formerly exclusively reserved for other uses, permitting substance abuse treatment centers to develop within mixed use zones may cause a conflict with the City’s Housing Element and State Housing Laws, which need to be studied and addressed.  For these reasons, staff recommends adopting a moratorium to preserve the status quo as it studies and processes a Code amendment to address possible impacts and conflict with the City’s Housing Element and State Housing Laws.

The attached urgency ordinance imposes a moratorium on the issuance of permits or land use entitlements for substance abuse treatment centers or clinics and exempts centers or clinics for which a building permit has been issued and construction has begun as of the date of the adoption of the urgency ordinance.  This exemption is required by State Law to protect the Due Process of owners of property who have relied on a building permit to start construction of their facility. 

Pursuant to Government Code § 65858, the moratorium will be in place for 45 days during which the City will notice a public hearing for the City Council to consider extending it for an additional 10 months and 15 days.

The adoption of the urgency ordinance requires 6 affirmative votes of the City Council.

ENVIRONMENTAL REVIEW

Pursuant to Title 14, Section 15061(b)(3) of the California Code of Regulations, the proposed urgency Ordinance is exempt from California Environmental Quality Act review because there is no possibility the adoption of the proposed Ordinance, and establishment of the interim moratorium thereby, will have a significant effect on the  environment, because  the moratorium  prevents the issuance of a land use permit during the moratorium period.

None at this time.

It is recommended that the City Council read by title only, waive further reading, and adopt Urgency Ordinance No. 2949 entitled:  AN URGENCY INTERIM ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GARDEN GROVE IMPOSING A MORATORIUM ON THE APPROVAL OF SUBSTANCE ABUSE TREATMENT CENTERS PURSUANT TO CALIFORNIA GOVERNMENT CODE SECTION 65858.