City Council

10.C. Waive further reading and adopt a regular ordinance to enact a citywide prohibition on data centers, and waive further reading and adopt a regular ordinance that would implement Measure NDC and become effective the same date as Measure NDC, if adopted by voters on June 2, 2026 It is recommended that the City Council consider: 1. Waiving second reading and adopting the proposed regular ordinance to enact a citywide prohibition on data centers; 2. Waiving second reading and adopting the proposed regular ordinance that would implement Measure NDC and become effective the same date as Measure NDC, if adopted by voters on June 2, 2026, in accordance with the Elections Code and Measure NDC; and 3. Taking such additional, related, action that may be desirable. CEQA (California Environmental Quality Act): These Ordinances are not subject to further review under the California Environmental Quality Act (Public Resources Code §§ 21000, et seq.; “CEQA”) for the following reasons: A. They will not result in a direct or reasonably foreseeable indirect physical change in the environment (14 Cal. Code Regs. § 15060(c)(2)). A prohibition on data centers means they cannot be constructed. B. There is no possibility that the Ordinances may have a significant effect on the environment (14 Cal. Code Regs. § 15061(b)(3)). A prohibition on data centers means they cannot be constructed. C. These Ordinances, by themselves, do not constitute a “project” as defined in the CEQA Guidelines (14 Cal. Code Regs. § 15378). D. Additionally, CEQA Guidelines § 15168(c)(2) provides that if a project is proposed which has been the subject of a prior certified EIR, and “[i]f the [City] finds that pursuant to [14 Cal. Code of Regs.] Section 15162, no new effects could occur or new mitigation measures would be required, the agency can approve the activity as being within the scope of the project covered by the … EIR, and no new environmental document would be required.” The City Council finds that it certified a Final Environmental Impact Report (“FEIR”) for the Monterey Park Land Use and Urban Design Element (as adopted by Ordinance No. 2198 and approved by voters as Measure JJ on November 3, 2020) which was filed as State Clearing House No. 2001-01-1074. The Ordinances will not result in any new environmental impact not already considered in the FEIR and no further environmental review is required.