HomeMy WebLinkAbout07 27 2026 - Public Comment - Trella Davis1
Stefan Mercer
To:Stefan Mercer
Subject:RE: EXTERNAL - Ordinance Template for Submission to Public Record for Jul 27th Gilroy
City Council Mtg
From: Trella Davis <trelladavis@gmail.com>
Sent: Monday, July 20, 2026 12:15 PM
To: Kim Mancera <Kim.Mancera@cityofgilroy.org>
Subject: EXTERNAL - Ordinance Template for Submission to Public Record for Jul 27th Gilroy City Council Mtg
Hi Kim,
I would like to submit the following The California City Large Compute - Large Energy Generation
Facility - Data Center Moratorium City Ordinance Template to the Gilroy City Clerk's Office for the July
27th meeting and into public record.
Please confirm receipt of this email and clarify any additional steps to be taken.
Thanks,
Trella Davis
1787 Branham Ln, San Jose, CA 95124
CAUTION: This email originated from an External Source. Please use proper judgment and caution when opening attachments, clicking links, or
responding to this email.
ORDINANCE NO. ______
AN ORDINANCE PROHIBITING PROCESSING OF PENDING, AND ACCEPTANCE OF NEW, LARGE COMPUTE,
DATA CENTERS or LARGE ENERGY GENERATION FACILITIES OVER 5MW LAND USE APPLICATIONS
WITHIN __________________________ TO CONSIDER ADOPTING ADDITIONAL REGULATIONS FOR
SUCH LAND USES
The City Council for the City of ___________________ does ordain as follows:
SECTION 1: This Ordinance is adopted pursuant to State of California Government Code §§ 36937,
65858, and other applicable laws.
SECTION 2: Findings.
The City Council finds, determines and declares as follows:
A. The City may adopt and enforce all laws and regulations not in conflict with the general laws and the
City holds all rights and powers established by California law.
B. On Date _____________________, the City Council adopted new regulations governing large
compute – Large energy generation facilities (LEGFs) including Data Centers over 5MW. As codified at
City Municipal Code § ______________, LEGFs may only be permitted pursuant to the terms of a
development agreement approved by the City Council.
C. While the provisions of the development agreement law (Government Code §§ 65864–65869.5) make
it plain that any decision regarding LEGFs are completely discretionary for the City Council, additional
regulations governing LEGFs provide certainty to the public and private property owners regarding the
City’s overall expectations for developing such land uses. Such regulations were first considered by the
City Council on date ____________ and should be reexamined to ascertain risks, evaluate financial
benefits, seek competitive offers, and protect public health, safety, property values, and welfare. The
City requires additional time to study which regulations are in the public interest.
D. To prevent frustration of these studies and the implementation of new regulations, the public
interest, health, safety, and welfare require enactment of this Ordinance. The absence of this Ordinance
would impair the orderly and effective implementation of contemplated City amendments, and any
further authorization of LEGFs uses during the period of the moratorium may conflict with or frustrate
the contemplated updates and revisions of the City of __________________.
E. Based on the foregoing, the City finds that that this Ordinance is necessary in order to protect the City
from the potential effects and impacts of LEGFs land uses and the accompanying impacts from energy
use, noise, air quality, waste, wastewater, water, aesthetic, impacts to the City, and other similar or
related effects on property values, other businesses disruptions or devaluations, and the quality of life in
the City’s neighborhoods.
F. The City Council further finds that this moratorium is a matter of local and City-wide importance and
is not directed towards any business that currently seeks to utilize City Chapter _____________.
Ordinance No. ___________ Page 2 of 6
G. The City Council finds that this Ordinance is authorized by the City’s police powers. The City Council
further finds that the length of the moratorium imposed by this Ordinance will not in any way deprive
any person of rights granted by state or federal laws, because the moratorium is a reasonable duration
and essential to protect the financial security of LEGFs, financial value of having an LEGFs (as compared
to mixed use low-rise development or other development opportunities), public health, safety and
welfare.
SECTION 3: Environmental Assessment.
Adopting the draft Urgency Ordinance is exempt from further environmental review under the California
Environmental Quality Act (California Public Resources Code §§ 21000, et seq., "CEQA") and CEQA
Guidelines (14 California Code of Regulations §§ 15000, et seq.) because it establishes temporary rules
and procedures for minor alterations in land use. The Ordinance is under CEQA Guidelines § 15305. This
Ordinance does not authorize any new development entitlements. Any proposed project that will utilize
the changes set forth in this Ordinance is subject to environmental review as part of the entitlement
review of the project. The Ordinance will not adversely impact the environment.
SECTION 4: Interim regulations.
The following provisions are adopted as interim requirements for issuing permits pursuant to the City
for LEGFs land uses, and any construction or operation in the City in conflict with these provisions is
expressly prohibited:
A. Restricted Activities. For a period of 3 years after adoption of this Ordinance, the City will not process
any pending application for a LEGF land use or accept new applications for LEGF land uses.
B. “LEGF” is further defined at City § ___________.
Ordinance No. ___________ Page 3 of 6
C. Based upon a review of the City’s entire administrative record including, without limitation, from the
City Council’s previous meetings from the time periods of _______________________, along with a
cursory review of information within the public domain, there is a plethora of substantial evidence
demonstrating a reasonable argument exists that any proposed LEGF in California “may have a
significant detrimental effect on the environment” necessitating a fair-argument that any application for
a LEGF requires preparation of an comprehensive environmental impact report (EIR). Publicly available
materials document that LEGFs have high and continuous electricity demand, often supported by diesel
or gas backup generation with associated air quality, greenhouse gases, indirect and direct significant
C02 footprints, unique and specialized wastewater treatment requirements, light pollution, heat
islanding, and noise/vibration impacts; that they may place significant demands on local water supplies
for cooling; and that they can drive related infrastructure and land use changes, all of which have been
specifically identified as needing robust CEQA analysis. In light of CEQA’s requirement that an EIR be
prepared whenever there is substantial evidence, in view of the whole record, that a project may cause
a significant environmental effect, and the well-established “low threshold” nature of the fair-argument
test, this body of evidence supports a finding that any LEGF proposal in California presents at least a
reasonable argument of potentially significant environmental impacts such that an comprehensive EIR is
required that provides inputs from affected communities, state and local agencies, and City emergency
and security services particularly fire, police, sheriff, EMS and healthcare. Decommissioning impacts and
Requirements adequate to for site restoration and remediation through financial bond or escrow
account to cover the cost of building and equipment removal in the event of facility abandonment,
bankruptcy, or other material changes preventing the City from receiving promised financial revenues
and other benefits. The City will review interim and existing United States SEC Climate Risk Disclosure
requirements and recommendations for facilities that meet LEGF categories. Additionally, per California
Title 24 Energy Code (Title 24, Part 6) and voluntary energy efficiency provisions in CALGreen (Title 24,
Part 11) shall be reviewed to inform all subsequent Ordinance considerations.
D. The City Manager, or designee, must review any application for a data center land use entitlement to
determine compliance with the provisions of this Ordinance. The City Attorney shall review risks from
potential suits for private or public nuisance, medical health claims, blight, property devaluation, etc.
City employees, and City boards and commissions, are directed to refrain from accepting or processing
any application for any land use entitlement, including, without limitation, use permits, variances,
building permits, licenses and certificates of occupancy, necessary for constructing, placing, or operating
LEGFs, and to refrain from processing any land use entitlement for any pending applications already
received. These prohibitions will remain effective for 3 years following adoption of this Ordinance.
E. The City Manager and City Attorney are directed to draft regulations that prohibit LEGFs within the
City’s jurisdiction. Noticing for a public hearing to consider adopting such proposed regulations should
occur forthwith to ensure timely public input (via Public Hearings and Citizen Advisory Committee)
regarding such regulations and provide certainty to private property owners contemplating LEGFs
developments regarding the City’s expectations and regulation of such land uses. Non-Disclosure
Agreements or NDAs related to City developments are in fact a part of public record and can be
requested by citizen or court.
Ordinance No. ___________ Page 4 of 6
SECTION 5: Construction.
This Ordinance must be broadly construed to achieve Ordinance No. ________ for the purposes stated
in this Ordinance. It is the City Council’s intent that the provisions of this Ordinance be interpreted or
implemented by the City and others in a manner that facilitates the purposes set forth in this Ordinance.
SECTION 6: Enforceability.
Repeal of any provision of the City ___________ does not affect any penalty, forfeiture, or liability
incurred before, or preclude prosecution and imposition of penalties for any violation occurring before
this Ordinance’s effective date. Any such repealed part will remain in full force and effect for sustaining
action or prosecuting violations occurring before the effective date of this Ordinance.
SECTION 7: Validity of Previous Code Sections.
If this entire Ordinance or its application is deemed invalid by a court of competent jurisdiction, any
repeal or amendment of the City ____________ or other city ordinance by this Ordinance will be
rendered void and cause such previous City ______________ provision or other the city ordinance to
remain in full force and effect for all purposes.
SECTION 8: Severability.
If any part of this Ordinance or its application is deemed invalid by a court of competent jurisdiction, the
city council intends that such invalidity will not affect the effectiveness of the remaining provisions or
applications and, to this end, the provisions of this Ordinance are severable.
SECTION 9: Publication.
The City Clerk is directed to certify the passage and adoption of this Ordinance; cause it to be entered
into the City of ___________’s book of original ordinances; make a note of the passage and adoption in
the records of this meeting; and, within fifteen (15) days after the passage and adoption of this
Ordinance, cause it to be published or posted in accordance with California law.
SECTION 10: Report. Pursuant to Government Code § 65858, the City Manager, or designee, must
prepare a report for City Council consideration describing the measures taken to address the conditions
which led to adoption of this Ordinance. This report must be provided to the City Council so that it may
be considered and issued not later than 30 days before this Ordinance expires.
SECTION 11: Effective Date.
This Ordinance will become effective immediately upon adoption pursuant to Government Code §§
36937 and 65858 for the immediate preservation of the public prosperity, health, safety, and welfare.
Pursuant to those statutes this Ordinance is adopted by a four-fifths vote.
Ordinance No. ___________ Page 5 of 6
SECTION 12: Expiration Date.
After adoption, this Ordinance will be repealed by operation of law on date _____________ unless a
subsequent ordinance is adopted by the City Council that extends this date.
Ordinance No. ___________ Page 6 of 6
PASSED AND ADOPTED this _____ day of ___________.
____________________________ [NAME], Mayor
ATTEST: ________________________________ [NAME], City Clerk
APPROVED AS TO FORM: ________________________________ [NAME], City Attorney State of
California
State Of California )
County Of ___________ ) §
City Of _____________ )
I, [NAME], City Clerk of the City of ____________, California, do hereby certify that the foregoing
Urgency Ordinance No. __________ was duly passed, approved and adopted at its special meeting held
on ______day of __________ by the following vote:
Ayes: Council Members:
Noes: Council Members:
Absent: Council Members:
Abstain: Council Members:
Recusal: Council Members:
Dated this ________ day of [MONTH, YEAR].
_________________________ [NAME], City Clerk