On August 24, 2026, Americans for Transparency filed a formal legal demand with the City of Gilroy. This is what it says—and what you can do before they bury it.
Amazon’s 98-megawatt data center at 8050 Camino Arroyo—25 diesel backup generators, in a community whose pollution burden already ranks in the 91st percentile statewide—was approved without a single public hearing. No Planning Commission. No City Council vote.
Here is how: Under the Subdivision Map Act, creating new parcels triggers mandatory Planning Commission and City Council review—giving the public a voice. To avoid that, the city recorded not one but two Certificates of Compliance, each certifying that lot line adjustments on the Amazon site “do not create new parcels.”
The land surveyor’s own exhibits—attached to those same recorded documents—label every output lot “LOT A (New),” “LOT B (New),” “LOT C (New).” Amazon’s own recorded deed uses the word “CREATED” for Lot C.
Five weeks after the first certificate was recorded, Amazon paid $31,285,000 for the land. Two years later, the project was approved by a single staff member’s signature.
The City Engineer who signed those certifications, Gary Heap, no longer works for Gilroy. He is now employed by the City of Los Gatos.
Gilroy’s own contract City Attorney confirmed what that classification meant. At the June 15, 2026 City Council meeting, Andy Faber of Berliner Cohen LLP stated: “The Amazon project was unusual in that like some industrial projects, it did not require subdivision.”
No subdivision. No public hearing. That is the city’s own attorney, on the record, explaining why your voice was never asked for.
It did not simply happen. And the public records prove it.
What the demand means—right now
Under California Government Code §66499.36, when a city has knowledge that property was illegally divided, the city shall act. Once formally notified, Amazon has 30 days to prove those lots were not new parcels.
If Amazon cannot, the city must record a Notice of Violation, which clouds title on the land and restricts further building permits.
Building permits were issued to Skanska USA Building Inc. in March 2026. Construction is active right now. This demand opens a legal window the City cannot ignore—and gives this community real power to act.
A conflict the community was never told about
Andy Faber’s firm, Berliner Cohen, also represents the South County Regional Wastewater Authority—the agency whose cooperation Amazon needs to operate this facility. Three of SCRWA’s five board members are sitting Gilroy City Councilmembers.
The contract City Attorney the City relies on to respond to this demand may also be advising the other side of a key Amazon agreement. The community was never told.
Use your voice
Every document cited here is a public record, available to anyone at the Santa Clara County Recorder’s Office. No attorney required. You can verify every fact yourself.
• Contact the Santa Clara County District Attorney. Ask them to review the recorded Certificates of Compliance for potential violations of Penal Code §115—filing false instruments with a public recorder.
• Contact the California AG’s Bureau of Environmental Justice. Ask why a 98-megawatt diesel facility was sited in a community whose pollution burden ranks in the 91st percentile statewide—without a single public hearing.
• Contact your City Council members. Greg Bozzo, Zach Hilton, Dion Bracco, Carol Marques, Tom Cline, Terence Fugazzi, Kelly Ramirez. Ask them—on the record—what they intend to do now.
Months of public records work have produced a documented legal record of potential Subdivision Map Act violations, CEQA piecemealing and undisclosed conflicts of interest.
If you practice in land use, CEQA enforcement or public interest litigation—or know someone who does—this community needs legal representation. Contact Americans for Transparency: AF***@****on.me.
Georgine Scott-Codiga, Gilroy
Americans for Transparency
