REPORT TO COUNCIL
SUBJECT
Title
Proposed Project: Adopt an Urgency Interim Ordinance Pursuant to Government Code Section 65858 Adopting a Temporary Moratorium on the Establishment and Operation of “Smoke Shops,” as Defined, and Introduce an Ordinance to Regulate the Sale and Distribution of Nitrous Oxide within the City of Sunnyvale.
Location: Citywide
File #: PLNG-2026-0232
Environmental Review: Exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15061(b)(3)), would not result in a significant impact.
Staff: Rebecca Moon, (408) 730-2700, rmoon@sunnyvale.ca.gov
Report
SUMMARY OF COMMISSION ACTION
The Planning Commission considered the Urgency Interim Ordinance adopting a temporary moratorium on smoke shops on April 27, 2026.
The Planning Commission voted to approve Alternative 1: Recommend that City Council Adopt the Urgency Interim Ordinance pursuant to Government Code Section 65858 adopting a Temporary Moratorium on the establishment and operation of “Smoke Shops,” as defined, within the City of Sunnyvale found in Attachment 2.
The vote was 6-0 with Commissioner Figone absent.
DISCUSSION
The staff report supporting the adoption of the Urgency Interim Ordinance can be found in Attachment 1. This action requires a 4/5 vote of the City Council (minimum of six affirmative votes).
In addition to the smoke shop moratorium, staff recommend that the City Council introduce an ordinance to regulate the sale and distribution of nitrous oxide in the City of Sunnyvale. This action requires a simple majority vote. Nitrous oxide has legitimate uses for certain medical and dental procedures, industrial research and development, and in cooking, such as making whipped cream. However, the euphoric effects of nitrous oxide lead to recreational use and abuse, in part because canisters of nitrous oxide are easy to purchase from retail vendors and are relatively inexpensive.
The misuse of nitrous oxide can cause long term negative health effects, including organ and neurological damage, depression, and even death in rare cases. Because youth are particularly susceptible to the dangers associated with recreational use of nitrous oxide, in 2009 the State of California prohibited the sale of nitrous oxide to persons under the age of 18.
The proposed Ordinance would, subject to certain exceptions, ban the sale and distribution of nitrous oxide with the City of Sunnyvale.
PUBLIC CONTACT
Public contact was made by posting the Council meeting agenda on the City's official-notice bulletin board at City Hall, at the Sunnyvale Public Library and in the Department of Public Safety Lobby. In addition, the agenda and this report are available at the City Hall reception desk located on the first floor of City Hall at 456 W. Olive Ave. (during normal business hours), and on the City's website.
ALTERNATIVES
1. Adopt the Urgency Interim Ordinance pursuant to Government Code Section 65858 adopting a Temporary Moratorium on the establishment and operation of “Smoke Shops,” as defined, within the City of Sunnyvale found in Attachment 2 to the report.
2. Introduce an Ordinance to regulate the sale and distribution of nitrous oxide within the City of Sunnyvale found in Attachment 4 to the report.
3. Alternative 1 with modifications.
4. Alternative 2 with modifications.
5. Take no action.
STAFF RECOMMENDATION
Recommendation
Alternatives 1 and 2:
1) Adopt the Urgency Interim Ordinance pursuant to Government Code Section 65858 adopting a Temporary Moratorium on the establishment and operation of “Smoke Shops,” as defined, within the City of Sunnyvale found in Attachment 2 to the report; and
2) Introduce an Ordinance to regulate the sale and distribution of nitrous oxide within the City of Sunnyvale found in Attachment 4 to the report.
JUSTIFICATION FOR RECOMMENDATION
Enacting this measure will prevent new smoke shops from opening while comprehensive standards are developed.
Levine Act
LEVINE ACT
The Levine Act (Gov. Code Section 84308) prohibits city officials from participating in certain decisions regarding licenses, permits, and other entitlements for use if the official has received a campaign contribution of more than $500 from a party, participant, or agent of a party or participant in the previous 12 months. The Levine Act is intended to prevent financial influence on decisions that affect specific, identifiable persons or participants. For more information see the Fair Political Practices Commission website: www.fppc.ca.gov/learn/pay-to-play-limits-and-prohibitions.html
An “X” in the checklist below indicates that the action being considered falls under a Levine Act category or exemption:
SUBJECT TO THE LEVINE ACT
___ Land development entitlements
___ Other permit, license, or entitlement for use
___ Contract or franchise
EXEMPT FROM THE LEVINE ACT
___ Competitively bid contract*
___ Labor or personal employment contract
___ Contract under $50,000 or non-fiscal
___ Contract between public agencies
X General policy and legislative actions
* "Competitively bid" means a contract that must be awarded to the lowest responsive and responsible bidder.
Staff
Prepared by: Rebecca Moon, City Attorney
Reviewed by: Shaunn Mendrin, Planning Officer
Reviewed by: Trudi Ryan, Director of Community Development
Approved by: Tim Kirby, City Manager
ATTACHMENTS
1. Report to Planning Commission [26-0451, April 27, 2026] (without attachments)
2. Draft Urgency Interim Ordinance (moratorium on smoke shops)
Additional Attachments for Report to Council
3. Excerpt of Draft Minutes of the Planning Commission Meeting of April 27, 2026
4. Draft Ordinance (regulation of sale of nitrous oxide)