Agenda #: 5.3
Meeting Date: February 20, 2024
TO: Honorable Mayor and Members of the City Council
FROM: Daniel Fox, City Manager
TITLE: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR AMENDING CHAPTER 8.26 OF THE DIAMOND BAR CITY CODE
IN ITS ENTIRETY TO PROHIBIT AND REGULATE
MARIJUANA/CANNABIS BUSINESSES AND CULTIVATION IN
COMPLIANCE WITH STATE LAW AS LAST AMENDED BY SB 1186.
STRATEGIC
GOAL: Open, Engaged & Responsive Government
RECOMMENDATION:
Approve for second reading by title only, waive full reading, and adopt Ordinance No. 01 (2024), entitled, “AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR AMENDING CHAPTER 8.26 OF THE DIAMOND BAR CITY
CODE IN ITS ENTIRETY TO PROHIBIT AND REGULATE
MARIJUANA/CANNABIS BUSINESSES AND CULTIVATION IN COMPLIANCE WITH STATE LAW AS LAST AMENDED BY SB 1186.”
FINANCIAL IMPACT:
None.
BACKGROUND:
On February 6, 2024, the City Council approved for first reading Ordinance No. 01 (2024), which amends Municipal Code Chapter 8.26 in its entirety to prohibit and regulate marijuana/cannabis businesses and cultivation in compliance with State law, as last amended by the Medicinal Cannabis Patients’ Right of Access Act (SB 1186).
Effective January 1, 2024, SB 1186 prohibits local jurisdictions from adopting or enforcing any regulation that directly or indirectly prohibits the retail sale of medicinal cannabis by delivery to patients or caregivers within the City, but allows local jurisdictions to adopt and enforce reasonable regulations, including where delivery businesses may be located. The proposed ordinance prohibits the establishment of marijuana delivery businesses Citywide based on the finding that there are already such
businesses outside of the City that can readily serve clientele that reside in Diamond Bar.
There were no changes made to the draft ordinance as presented at the meeting. A copy of the February 6, 2024 staff report is included in Attachment 2 for reference. The Council approved the first reading by a 5-0 vote.
Ordinance No. 01 (2024) (Attachment 1) is now being presented for its second reading by title only and adoption, and will become effective 30 days from February 20, 2024.
PREPARED BY:
REVIEWED BY:
Attachments:
1. 5.3.a Ordinance No. 01 (2024)
2. 5.3.b City Council Staff Report Dated February 6, 2024