Title
Public hearing to consider adoption of an ordinance to extend an interim urgency ordinance to make findings and extend a temporary moratorium on the siting, construction, conversion, and/or operation of new or expanded detention facilities and correctional facilities within the unincorporated area of Monterey County, to the full extent authorized under federal and state law (4/5th vote required).
Proposed California Environmental Quality Act (“CEQA”) action: Find the adoption of this ordinance will not result in a direct or reasonably foreseeable indirect physical change in the environment under CEQA Guidelines section 15060(c)(2), and that the interim ordinance is categorically exempt pursuant to CEQA Guidelines section 15308 as a regulatory action taken by the County to assure maintenance and protection of the environment.
Body
RECOMMENDATION:
It is recommended that the Board of Supervisors:
a. Find the adoption of this ordinance will not result in a direct or reasonably foreseeable indirect physical change in the environment under CEQA Guidelines section 15060(c)(2), and that the interim ordinance is categorically exempt pursuant to CEQA Guidelines section 15308 as a regulatory action taken by the County to assure maintenance and protection of the environment; and
b. Consider adoption of an ordinance to extend an interim urgency ordinance to make findings and extend a temporary moratorium on the siting, construction, conversion, and/or operation of new or expanded detention facilities and correctional facilities within the unincorporated area of Monterey County, to the full extent authorized under federal and state law (4/5th vote required).
SUMMARY:
The federal government intends to open two detention facilities in the Bay Area, one in unincorporated Santa Clara County (near the City of Gilroy) and one in the City of Dublin. Legal challenges have been successful in delaying progress on both facilities. Considering these actions by the federal government currently taking place in neighboring counties, it is appropriate for the County of Monterey to timely develop and consider adopting regulations regarding detention facilities and similar institutional land uses.
On May 19, 2026, the Board of Supervisors directed staff to review the County’s zoning regulations to determine what protections can be instituted to prohibit any future immigration detention centers from being located within the unincorporated areas of Monterey County.
On September 29, 2026, pursuant to Government Code Section 65858 the Board of Supervisors unanimously adopted an interim urgency ordinance, Ordinance No. 5454, imposing a temporary 45-day moratorium on: (1) the siting, construction, conversion, and/or operation of any new or expanded detention facility or correctional facility in every zoning district in unincorporated Monterey County; and (2) the filing, acceptance, processing, or approval of any permit application to site, construct, convert, and/or operate any public or private detention facility or correctional facility in unincorporated Monterey County (“Interim Ordinance”). Notice of this September public hearing was published in the Monterey County Weekly on September 17, 2026.
Per Government Code section 65858(b), the Interim Ordinance may be extended by the Board for 22 months and 15 days, following a noticed public hearing. Staff returns to the Board to request an extension of the Interim Ordinance for additional time to study the subject. Notice of this public hearing was published in the Monterey County Weekly on October 22, 2026.
DISCUSSION:
The construction and conversion of new detention facilities, and other similar land uses, such as correctional facilities, have the potential to cause significant environmental impacts, strains on local infrastructure, zoning and land use conflicts, and other negative impacts on public health, safety, and wellbeing. Detention and correctional facilities, regardless of the owner or operator, must be sited, designed, and operated in a manner that provides for human habitation, and therefore, must provide for things such as adequate and appropriate water, sewer, energy, fire safety, and ventilation.
The County’s Zoning Regulations (Monterey County Code Titles 20 and 21) do not currently include adequate provisions to ensure that the siting, construction, conversion, and/or operation of detention facilities, or other similar institutional land uses, are sufficiently regulated to avoid harm to the public and such facilities could pose a current and immediate threat to the public health, safety, and welfare of County residents. As such, there is an immediate need to prevent the unregulated siting, construction, conversion, and/or operation of new or expanded detention and correctional facilities in the unincorporated Monterey County, which have the potential to negatively affect public health, safety, and wellbeing, as well as the character and aesthetic of the community.
A temporary local moratorium on the construction, conversion, and/or operation of new or expanded detention or correctional facilities is required to allow an opportunity for the County to consider the various policy implications of, and to develop a comprehensive approach to, regulating and mitigating the land use and other community impacts of such facilities in the unincorporated area of Monterey County.
On October 23, 2026, staff posted a report of the measures taken to alleviate the conditions that led to the adoption of the Interim Ordinance, as required by Government Code section 65858(d). Those measures are as follows:
- Staff has reviewed the County’s existing Zoning Regulations (Titles 20 and 21) to identify any deficiency in existing regulations and opportunities to add regulations regarding new or expanded detention or correctional facilities.
- Staff has researched federal and state law concerning the siting, construction, and operation of detention and correctional facilities.
- In review of the existing Zoning Regulations and applicable federal and state laws, the County has identified conflicts in land use incompatibility between existing uses and new detention or correctional facilities in certain zoning districts. Additional time is needed to study the policy solutions to address these conflicts.
- The County is convening an interdepartmental committee, composed of staff from the County Administrative Office, the County Counsel’ Office, and Housing Community and Development to consider policy and legal implications of, and to develop a comprehensive approach to, regulating and mitigating the land use and other community impacts of new or expanded detention or correctional facilities.
- The interdepartmental committee is developing a plan to evaluate options for regulating new or expanded detention or correctional facilities, to analyze specific geographic regions where such facilities may be accommodated subject to permitting and regulation, or alternatively should be prohibited, considering constraints related to access, infrastructure capacity, natural hazards, resource protection, and the public’s health, safety, and welfare, and to develop public processes to notify and obtain the input of property owners and interested parties, including other public agencies within the County, regarding the development of such regulations.
The County requires additional time to research, develop, and adopt the contemplated zoning regulations for new and expanded detention and correctional facilities. As such, staff recommends that, pursuant to Government Code section 65858, the Board adopt an ordinance to extend the Interim Ordinance that imposes the temporary moratorium. The Interim Ordinance is currently set to expire on November 13, 2026 and we recommend that it be extended for an additional 22 months and 15 days, until September 18, 2028.
CEQA
This Interim Ordinance does not require review under the California Environmental Quality Act (Pub. Resources Code §§ 21000 et seq. (“CEQA”)) based on the following:
(1) Under CEQA Guidelines Section 15060(c)(2), the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment, and under CEQA Guidelines Section 15060(c)(3), the activity is not a project as defined in Section 15378 of the CEQA Guidelines because it has no potential for resulting in physical change to the environment, directly or indirectly.
(2) Even assuming the adoption of the interim ordinance were a project, it is categorically exempt from CEQA pursuant to Section 15308 of the CEQA Guidelines as a regulatory action taken by the County pursuant to its police power and in accordance with Government Code Section 65858 to assure maintenance and protection of the environment pending the evaluation and adoption of contemplated local legislation, regulation, and policies.
OTHER AGENCY INVOLVEMENT:
The Office of County Counsel has prepared the ordinance with input from Housing & Community Development.
FINANCING:
There are no net County costs associated with extending the interim ordinance.
BOARD OF SUPERVISORS STRATEGIC PLAN GOALS:
This extension of the Interim Ordinance continues to place a temporary moratorium on new or expanded detention and correctional facilities within the unincorporated area of Monterey County while staff develops appropriate regulations to prohibit, restrict, and/or otherwise regulate the siting and operation of such facilities within unincorporated Monterey County. The interim ordinance will ensure that such facilities are established and operated only in ways that reflect the values of Monterey County, supports the quality of life for Monterey County residents, and promotes safe and resilient communities.
_X_ Well-Being and Quality of Life
____ Sustainable Infrastructure for the Present and Future
_X_ Safe and Resilient Communities
____ Diverse and Thriving Economy
Link to the Strategic Plan:
<https://www.countyofmonterey.gov/home/showdocument?id=139569>
Prepared/approved by: Kelly Donlon, Chief Assistant County Counsel, x5313
Attachment:
A. Draft ordinance to extend the interim ordinance
B. Ordinance No. 5454