REPORT TO PLANNING COMMISSION
SUBJECT
Title
Proposed Project: Recommend to City Council to 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, within the City of Sunnyvale.
Location: Citywide
File #: PLNG-2026-0232
Environmental Review: Exempt CEQA Government Code 15061(b)(3)), would not result in a significant impact.
Staff: Rebecca Moon, (408) 730-2700, rmoon@sunnyvale.ca.gov
Report
DISCUSSION
City staff are currently aware of eight "smoke shops" operating in Sunnyvale. A "smoke shop" is generally understood as a stand-alone retail business that primarily sells products and accessories related to smoking and vaping. Many smoke shops also sell products such as cannabis, flavored tobacco, nitrous oxide canisters, psylocibin ("magic mushrooms"), 7-OH (an opiate-like derivative of the kratom plant), and unregulated, newly developed chemicals that mimic the effects of psychoactive substances.
The proliferation of smoke shops raises public health and safety concerns, particularly related to minors. These uses may also contribute to visual blight, reduce retail diversity, and alter the character of commercial areas when concentrated in specific neighborhoods. Unlike most of our neighboring jurisdictions, Sunnyvale does not have specific zoning regulations or permitting requirements for retail tobacco sales. For comparison, many other cities in Santa Clara County have either adopted a local permit requirement, or have opted into a permit program run by Santa Clara County.
City Tobacco Permit
Campbell City permit
Gilroy City permit
Los Altos City permit
Morgan Hill City permit
San Jose City permit
Saratoga City permit
Cupertino County permit
Los Gatos County permit
Palo Alto County permit
Unincorporated County County permit
Milpitas None
Santa Clara (City) None
Sunnyvale None
This lack of regulation creates an immed...
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