City Council

5.A. Consideration and possible action to conduct a public hearing to 1) adopt an urgency\nordinance to enact a citywide prohibition on data centers; 2) introduce and waive first\nreading of a regular ordinance to enact a citywide prohibition on data centers; and 3)\nintroduce and waive first reading of a regular ordinance that would implement\nMeasure NDC and become effective the same date as Measure NDC, if adopted by\nvoters on June 2, 2026\nIt is recommended that the City Council consider:\n1. Opening a public hearing to receive written and testimonial evidence regarding a\npotential citywide prohibition on data centers;\n2. After receiving such evidence, consider:\na. Adopting an urgency ordinance that would take effect immediately upon\nadoption to enact a citywide prohibition on data centers;\nb. Introducing and waiving first reading of a regular ordinance to enact a\ncitywide prohibition on data centers;\nc. Introducing and waving first reading of a regular ordinance that would\nimplement Measure NDC and become effective the same date as Measure\nNDC, if adopted by voters on June 2, 2026, in accordance with the Elections\nCode and Measure NDC; and\n3. Taking such additional, related, action that may be desirable.\nCEQA (California Environmental Quality Act): This Ordinance is not subject to further review\nunder the California Environmental Quality Act (Public Resources Code §§ 21000, et seq.;\n“CEQA”) for the following reasons:\nA. It will not result in a direct or reasonably foreseeable indirect physical change in the\nenvironment (14 Cal. Code Regs. § 15060(c)(2)). A prohibition on data centers\nmeans they cannot be constructed.\nB. There is no possibility that the Proposition may have a significant effect on the\nenvironment (14 Cal. Code Regs. § 15061(b)(3)). A prohibition on data centers\nmeans they cannot be constructed.\nC. This Ordinance, by itself, do not constitute a “project” as defined in the CEQA\nGuidelines (14 Cal. Code Regs. § 15378).\nD. Additionally, CEQA Guidelines § 15168(c)(2) provides that if a project is proposed\nwhich has been the subject of a prior certified EIR, and “[i]f the [City] finds that\npursuant to [14 Cal. Code of Regs.] Section 15162, no new effects could occur or\nnew mitigation measures would be required, the agency can approve the activity as\nbeing within the scope of the project covered by the … EIR, and no new\nenvironmental document would be required.” The City Council finds that it certified a\nFinal Environmental Impact Report (“FEIR”) for the Monterey Park Land Use and\nUrban Design Element (as adopted by Ordinance No. 2198 and approved by voters\nas Measure JJ on November 3, 2020) which was filed as State Clearing House No.\n2001-01-1074. This Proposition will not result in any new environmental impact not\nalready considered in the FEIR and no further environmental review is required.