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 neg...
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