REPORT TO COUNCIL
SUBJECT
Title
Introduce an Ordinance to Amend Chapter 9.28 of Title 9 (Public Peace, Safety or Welfare) of the Sunnyvale Municipal Code Relating to Regulation of Smoking in Outdoor Areas; Consider Amendment to Section 9.28.030(d) of Title 9 to Modify or Eliminate the Requirement that Taverna Bistro and Lounge (133 S. Murphy Ave) Comply with the Prohibition on Smoking in Outdoor Dining Areas Following a Two-Year Amortization Period for Use Permit No. 2006-0827 (Hookah); Finding of CEQA Exemption Pursuant to Guideline Section 15061(b)(3)
Report
BACKGROUND
On February 23, 2016, the Council adopted Ordinance 3072-16 to protect against the harmful effects of secondhand smoke by prohibiting smoking in the following areas:
1. Outdoor dining;
2. Within 25 feet of building entryways;
3. Within 25 feet of public transit stops; and
4. In all units, common areas, and within 25 feet of doors and windows of multi-family residences.
The ordinance also established a two-year amortization period for the two restaurants in the City that had previously approved use permits allowing hookah smoking, with conditions, in outdoor dining areas, requiring the outdoor hookah smoking use to cease within two years of adoption of the ordinance (March 23, 2018).
The smokefree areas ordinance was proposed in response to two Study Issues. The comprehensive study was funded by a $95,000 grant awarded to the City from the Santa Clara County Department of Public Health to examine ways to reduce or eliminate exposure to the harmful effects of secondhand smoke. Staff selected Leslie Zellers, JD (consultant) to conduct the study based on her extensive experience with local ordinances regulating the sale, use, and marketing of tobacco products.
At the first reading of Ordinance 3072-16 on February 9, 2016, Council asked staff to return with options to limit smoking in additional outdoor areas, such as service areas and outdoor events, as described in the RTC...
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