REPORT TO PLANNING COMMISSION
SUBJECT
Title
Proposed Project: Recommend that City Council Adopt an Ordinance Extending the Urgency Interim Ordinance Pursuant to Government Code Section 65858 Imposing a Temporary Moratorium on the Establishment and Operation of 'Smoke Shops' for an Additional 10 Months, 15 Days.
Location: Citywide
File #: PLNG-2026-0232
Environmental Review: Exempt California Environmental Quality Act (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
On May 19, 2026 (Report to Council [RTC] No. 26-0521) the City Council adopted a 45-day moratorium on the establishment and operation of "smoke shops" within the City of Sunnyvale. A "smoke shop" is a retail business that primarily sells products and accessories related to smoking and vaping.
As discussed in RTC No. 26-0521, the proliferation of smoke shops raises public health and safety concerns, particularly related to minors. A temporary moratorium under California Government Code Section 65858 to protect the public health, safety, and welfare is desirable while the City studies the issue to determine appropriate regulations for these businesses.
An urgency ordinance must be passed by a four-fifths vote. If at least six (6) Councilmembers vote to pass the extension of this urgency ordinance, it will take effect upon expiration of the 45-day urgency ordinance (July 3, 2026) and will remain in effect until May 18, 2027. Staff will return to Council before the expiration of the ordinance with proposed regulations or a request to further extend the moratorium for up to one additional year.
EXISTING POLICY
GENERAL PLAN
VISION STATEMENT
Sunnyvale is an attractive, safe, environmentally-sensitive community which takes pride in the diversity of its people, the innovation of its business and the responsiveness of its government.
VISION
It is the aspiration of the people of Sunnyvale to b...
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