To: Board of Supervisors
From: Planning and Building Department
Agenda Section: Departmental
Vote Requirement: 4/5th
SUBJECT:
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Adoption of an Urgency Interim Ordinance Extending the 45-day Temporary Moratorium Prohibiting the Acceptance of Applications to Permit Large Data Centers for 10 months and 15 Days (4/5 Vote Required)
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RECOMMENDATION(S):
Recommendation
That the Board of Supervisors:
1. Adopt the Interim Urgency Ordinance: An Uncodified Interim Urgency Ordinance Extending for 10 Months and 15 Days the Temporary Moratorium on Large Data Centers to Prohibit the Acceptance and Processing of Applications for Data Centers (Attachment 1), Which Shall Take Immediate Effect, based on the findings set forth in the Interim Urgency Ordinance under the provisions contained in California Government Code (CGC) Sections 25123(d) and 65858(a). (4/5 Vote Required); and
2. Direct the Clerk of the Board to publish the Post-Adoption Summary (Attachment 2) of the ordinance within 15 days of adoption by the Board, and to post in the Office of the Clerk of the Board of Supervisors a certified copy of the full text of the adopted ordinance along with the names of those Supervisors voting for and against the ordinance; and
3. Direct Planning and Building Department staff to bring forward an item, if needed, to extend the moratorium prior to its’ expiration date and report on the measures taken to alleviate the condition which led to the adoption of the urgency ordinance per CGC 65858(d).
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STRATEGIC PLAN:
This action supports the following areas of your Board’s Strategic Plan.
Area of Focus: Safe & Healthy Communities
Strategic Plan Category: 1008 - Update General Plan ordinances for quality of environment
DISCUSSION:
On Oct. 6, 2026, your Board adopted an interim urgency ordinance establishing a 45-day temporary moratorium to prohibit the acceptance of new applications for data centers (with an exemption for small data centers which use less than 15 megawatts (MW) of power, use 100% renewable energy generated on-site, include a closed loop system, and have a water source that does not conflict with public trust resources and are subject to approval of a conditional use permit), and directed an extension of the temporary moratorium for up to 10 months and 15 days be brought back to the Board to keep the moratorium in place until the county develops regulations to permit data centers. The attached ordinance satisfies the Board’s direction to extend the temporary moratorium and is expected to allow the time needed for the county to develop and adopt an ordinance regulating data centers.
For the purposes of the ordinance, a data center is a physical facility or building that houses groups of networked computers, servers, and data storage systems used to store, process and distribute digital information.
If the Board supports the continued moratorium on the establishment and permitting of data centers while a draft ordinance is being developed, the urgency ordinance should be adopted. The urgency ordinance would expire 10 months and 15 days from adoption. Staff anticipates that this extension would provide the time necessary to develop and adopt a full ordinance. Staff recommends that the Board adopt the interim ordinance to extend the temporary moratorium on data centers.
Extension of the Interim Urgency Ordinance is allowed by California Government Code Sections 25123(d) and 65858 and requires a four-fifths (4/5ths) vote of the legislative body for adoption. The urgency ordinance must protect the public safety, health, and welfare of the community. The attached ordinance includes the factual evidence supporting the required findings.
Environmental Review
Adoption of this ordinance is exempt from environmental review under the California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3) of the CEQA Guidelines because it can be seen with certainty that there is no possibility that the proposed ordinance may have a significant effect on the environment. Temporarily prohibiting applications for new data centers will not result in any development so the ordinance will not have any environmental impacts.
Also, adoption of the ordinance is exempt from CEQA review by Section 15308 of the CEQA Guidelines - Actions by Regulatory Agencies for Protection of the Environment. This exemption applies to actions taken by regulatory agencies to assure the maintenance, restoration, enhancement, or protection of the environment where the regulatory process involves procedures for protecting the environment. In this case temporarily preventing the permitting and of data centers while establishing standards to protect air and water quality, water and energy resources, and noise, will ensure that when they are permitted and built to conform to the new ordinance which will have standards to protect the environment.
SOURCE OF FUNDING:
The staff costs to prepare this staff report are expected to total approximately $2,500, which will be paid by the General Fund’s contribution to Long Range Planning (Budget Unit 1100-282).
FINANCIAL IMPACT:
There is anticipated to be no significant long-term financial impact from the adoption of the urgency ordinance because it is only allowed to be in place and extended for up to two years, at which time, it will automatically expire.
OTHER AGENCY INVOLVEMENT:
None
ALTERNATIVES TO STAFF RECOMMENDATIONS:
The Board of Supervisors could decide not to approve the urgency ordinance to extend the temporary moratorium on data centers if it believes the limitations are unnecessary to protect public health, safety and welfare. This alternative is not recommended as there are potential impacts to air and water quality, water and energy resources, and noise, from data centers.
ATTACHMENTS:
1. Draft Ordinance
2. Post-Adoption Summary
PREVIOUS ACTION/REFERRAL:
Meeting of: October 6, 2026
File No.: 26-949
Meeting of: July 14, 2026
File No.: 26-724