HomeMy WebLinkAbout06 01 2026 - Public Comment - Armando Be1
Stefan Mercer
From:Armando Be <barmando3@gmail.com>
Sent:Wednesday, May 27, 2026 4:52 PM
To:Public Comments
Subject:EXTERNAL - 4.1. PUBLIC COMMENT BY MEMBERS OF THE PUBLIC ON ITEMS NOT ON
THE AGENDA Requesting review and revise of applicable ordinance.
Follow Up Flag:Follow up
Flag Status:Flagged
Mayor, Council Members, and City Manager,
I am writing to request the Council revisit the city ordinance regarding Gilroy's approval process
currently being used for large-scale data center and artificial intelligence infrastructure projects within
the City of Gilroy.
As the Council is aware, a major AI/data center project was previously approved administratively
by the Director of Economic Development without review or approval by either the Planning
Commission or the City Council. While that project may have technically complied with the current
ordinance structure, it established a precedent for developments that carry substantial long-term
impacts on our community. Other companies may want to develop additional AI/Data Centers
including Amazon.
Such projects, it is well established, involve extraordinary impacts relating to energy demand,
utility infrastructure, backup generation systems, battery storage, water consumption, noise,
emergency services, traffic, and cumulative environmental impacts. They are not ordinary industrial
developments. They are regional infrastructure projects with potentially long-lasting consequences for
Gilroy residents, businesses, public services, environmental resources, and future land-use planning.
It now appears that there is public concern that projects of this magnitude may continue to
proceed through an administrative process that excludes both the Planning Commission and the
elected City Council from meaningful participation in the decision-making process.
Regardless of whether current zoning technically permits such facilities, projects of this scale and
impact should not be approved solely at the staff level. The public deserves transparency, public
hearings, deliberation by the Planning Commission, and final review and approval by the City Council.
I respectfully urge the City Council to immediately review and revise the applicable ordinance
provisions that authorize the Director of Economic Development to approve data centers, AI facilities,
and similar high-impact industrial infrastructure projects. At a minimum, the ordinance should
establish objective thresholds that automatically require Planning Commission review and City
Council approval when projects exceed specified operational or infrastructure impacts.
Reasonable threshold triggering standards that would revert back the authority to approve to the
planning commission and the city council could include, but should not be limited to any development
project whose:
• Electrical demand exceed 10 megawatts of peak load capacity;
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• Daily water usage exceeding 10,000 gallons per day;
• Battery energy storage systems exceeding 5 megawatt-hours of storage capacity;
• Installation of more than four backup generators or generators exceeding a combined output of 10
megawatts;
• Industrial or data center buildings exceeding 100,000 square feet in size;
• Projects requiring construction of a new electrical substation, major transmission infrastructure, or
significant utility upgrades;
• Facilities operating 24 hours per day with substantial mechanical cooling infrastructure;
• Projects generating substantial cumulative greenhouse gas emissions or air quality impacts;
• Any project requiring a full Environmental Impact Report under CEQA;
• Projects involving phased development where total future buildout exceeds the administrative
approval thresholds;
• Projects projected to significantly increase emergency service demand, fire suppression
requirements, or hazardous materials management obligations;
• Projects involving substantial diesel fuel storage, large-scale battery systems, or other energy
infrastructure with heightened fire or environmental risk;
• Any project determined to have substantial cumulative impacts when considered together with
existing or approved industrial or data center facilities within the City.
The ordinance should further require:
1. Mandatory Planning Commission hearings for qualifying projects;
2. Final City Council approval authority for qualifying projects;
3. Enhanced public notice requirements;
4. Public participation during pre-application and CEQA scoping stages;
5. Independent technical review of utility, energy, water, and environmental impacts where
appropriate; and
6. Comprehensive cumulative impact analysis for multiple large-scale infrastructure projects
within the City.
Gilroy residents should learn and be able to participate in the decisions about major infrastructure
projects before critical decisions have already been made administratively. Public trust requires
transparency, accountability, and meaningful public oversight.
These recommendations are not intended to prevent responsible economic development. Rather,
they are intended to ensure that projects with potentially transformative impacts on the community
receive the level of public review and elected oversight appropriate to their scale and significance.
I respectfully request that this matter be agendized for public discussion and policy consideration
before additional applications move forward under the current approval structure.
Thank you for your attention to this important issue.
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Sincerely,
Armando Benavides