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Council Agenda: 09-15-2026
Item No.: 3.3
DRAFT--Contact the Office of the City Clerk at (408)535-1260 or [email protected] for final document.
DRAFT
ORDINANCE NO. _____
AN INTERIM ORDINANCE OF THE CITY OF SAN JOSE
ESTABLISHING A TEMPORAR Y MORATORIUM ON THE
FILING, ACCEPTANCE, PROC ESSING, OR APPROVALS
OF APPLICATIONS FOR THE ESTABLISHMENT,
EXPANSION, OR CHANGE OF USE FOR A DETENTION
AND CUSTODIAL FACILITY ON PRIVATE PROPERTY
WITH CERTAIN EXEMPTIONS AND SETTING FORTH THE
FACTS CONSTITUTING SUCH TEMPORARY
MORATORIUM
WHEREAS, the City Council of the City of San José is the decision-making body for this proposed Ordinance; and
WHEREAS, Charter Section 605 provides an ordinance adopted pursuant to a State law by virtue of which such ordinance shall be effective immediately; and
WHEREAS, the City of San José may adopt an inte rim ordinance pursuant to California Government Code Section 65858 that is effective immediately; and
WHEREAS, The Department of Homeland Securi ty “ICE Detention Reengineering Initiative” directive dated February 13, 2026, outlined the acquisition and development of eight large scale detention cent ers, sixteen processing sites, and the acquisition of ten turnkey facilities; the directive asserted IC E intended to have all facilities active by November 30, 2026; and
WHEREAS, United States Immigration and Custom s Enforcement has stated that California detention centers are “crucial to ICE’s detention network on the West Coast,” and recently acquired two facilities in California, the Otay Mesa and California City facilities; and
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Council Agenda: 09-15-2026
Item No.: 3.3
DRAFT--Contact the Office of the City Clerk at (408)535-1260 or [email protected] for final document.
WHEREAS, Santa Clara County and the State of California have filed a lawsuit seeking to enjoin the Department of Homeland Secu rity from constructing a detention and custodial facility outside of Gilroy that c ould hold up to 150 detainees, citing significant environmental impact, improper zoning and failure to cooperate between the federal and state/local government; and
WHEREAS, various jurisdictions across the United States have filed lawsuits challenging the construction of detention and custodial facilities because the proposed facilities would deplete the water supply and strain public res ources such as sewage and wastewater needs; and
WHEREAS, detention and custodial facilities can al so impact local traffic including from visitors to detainees, and strain services responding to large demonstrations and public gatherings around these facilities which may require local traffic management, crowd management, or emergency response resources; and
WHEREAS, reports from the California Attorney General have found that detention and custodial facilities in Califo rnia were overcrowded, failed to provide adequate medical care, and often failed to meet applicable federal detention standards which are a detriment to detainee’s health; and
WHEREAS, local municipalities have not been afforded the opportunity to evaluate issues surrounding detention and custodial facilities and provide input resulting in some local jurisdictions to turn to litigation after development activity was already underway; and
WHEREAS, the City of San José zoning code does not currently define “detention and custodial facility” use, and undefined uses ar e subject to a conditional use permit and limited to the Heavy Industrial zone; and
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Council Agenda: 09-15-2026
Item No.: 3.3
DRAFT--Contact the Office of the City Clerk at (408)535-1260 or [email protected] for final document.
WHEREAS, detention and custodial facilities diffe r from typical commercial or administrative uses in that detainees may be housed overnight and locating a detention and custodial facility within a Heavy Industr ial zone may present operational challenges due to potential incompatibility with sensitive receptors (e.g., children, pregnant woman, or medically vulnerable individuals) who may be subject to the noise, vibration or heavy machinery typically associated with this zoning designation; and
WHEREAS, jurisdictions across the United States have sought to address the potential impacts by limiting where detention and custodial facilities can be sited, regulating water usage, requesting inspections for compliance with health and safety requirements, and requiring plans to address water and sewage concerns; and
WHEREAS, the City of San José needs time to analyze and determine how best to update its regulations to address the impacts of detention and custodial facilities, and evaluate appropriate locations for such uses;
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF SAN JOSE:
SECTION 1. A 45-day temporary moratorium is hereby established and imposed on the filing, acceptance, processi ng, or approvals of applicatio ns for the establishment, expansion, or change of use for detention and custodial facility on private property.
SECTION 2. Pursuant to the pr ovisions of California Government Code Section 65858, the City Council of the City of San José hereby finds that there is a current and immediate threat to the public health, safety, and welfare of the City of San José that warrants the establishment of this temporary moratorium of approvals for use of private property as detention and custodial facilities, which finding is based upon the following elements:
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Council Agenda: 09-15-2026
Item No.: 3.3
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A. The proliferation of det ention and custodial facilities across the nation with limited notice to, or collaboration with, local municipalities.
B. The Department of Homeland Security’s express intention of establishing a network of detention facilities in Californ ia including the recent construction of a detention facility in Santa Clara County.
C. The severe impact detention and cust odial facilities will have on surrounding communities and local resources including utilities, traffic, and law enforcement.
D. The history of poor living conditions and substandard medical care at detention and custodial facilities in California.
E. Potential incompatibility of siting det ention and custodial facilities in Heavy Industrial zones creating oper ational challenges due to sensitive receptors who would be subject to noise, pollution, vibr ation, or heavy machinery typically associated with this zoning designation.
F. Without a moratorium prohibiting us e of private property as a detention and custodial facility while these issues and concerns are being examined and appropriate regulations are being devel oped, there remains a current and immediate threat that t he use of private property as detention and custodial facilities will result in the public health, safety and welfare harms described herein.
SECTION 3. For the purposes of this Ordi nance, a “detention and custodial facility” means a temporary or permanent building, structure, set of buildings, or portion thereof operated by a private or nongover nmental person or entity that would detain, confine, process, or house persons in custody. Excluded from the moratorium are:
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Council Agenda: 09-15-2026
Item No.: 3.3
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A. Any facility providing rehabilitative, counseling, treatm ent, mental health, educational, or medical services to a juveni le that is under the jurisdiction of the juvenile court.
B. Any facility providing evaluation or tr eatment services to a person who has been detained or is subject to an order of commitment by a court.
C. Any facility providing educational, vocati onal, medical, or other ancillary services to an inmate in custody of, and under the direct supervi sion of, the State Department of Corrections and Rehabilitation or a coun ty sheriff or other law enforcement agency.
D. A residential care facility licensed under state law.
E. Any school facility used for the disciplinary detention of a pupil.
F. Any facility used for the quarantine or isol ation of persons for public health reasons under state law.
G. Any facility for the purposes of execution of a punitive sentence imposed by a court.
SECTION 4. If any section, subsection, subdivision, paragraph, sentence, clause, phrase, or word of this interim ordinance is for any reason held to be invalid or unenforceable by the decision of a court of competent jurisd iction, such invalidity or unenforceability shall not affect the validity or enforceability of the remaining sections, subsections, subdivisions, paragraphs, sentenc es, clauses, phrases, or words of this interim ordinance.
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Council Agenda: 09-15-2026
Item No.: 3.3
DRAFT--Contact the Office of the City Clerk at (408)535-1260 or [email protected] for final document.
SECTION 5. This Ordinance shall becom e effective immediately upon its adoption pursuant to California Government C ode Sections 65858(b) and 36937(b), and shall remain effective for 45 days, unless ex tended or repealed by the City Council in accordance with applicable law.
ADOPTED this _____ day of ___________, 2026, by the following vote:
AYES:
NOES:
ABSENT:
DISQUALIFIED:
MATT MAHAN
Mayor
ATTEST:
TONI J. TABER, MMC
Cit
y Clerk