directly or indirectly.
LEGAL REVIEW:
The report has been prepared by the City Attorney.
ATTACHMENTS:
1. Ordinance No. 1526 - Extending Moratorium - Data Centers
1 ORDINANCE NO. 1526
AN ORDINANCE OF THE CITY OF BALDWIN PARK , CALIFORNIA,
EXTENDING URGENCY ORDINANCE NO. 1524 ESTABLISHING A
MORATORIUM ON THE APPROVAL, ESTABLISHMENT, OR
OPERATION OF DATA CENTERS TO CONSIDER ADOPTING
REGULATIONS FOR DATA CENTERS PURSUANT TO GOVERNMENT
CODE SECTION 65858
WHEREAS, on March 4, 2026, the City Council adopted Interim Urgency Ordinance No. 1524 (“Interim Ordinance”) establishing a 45 -day moratorium on the approval, establishment, or operation of data centers in the City; and
WHEREAS, the Baldwin Park Municipal Code (“Municipal Code” or “BPMC”), Zoning Code (Chapter 153) and General Plan do not currently establish regulations or development standards for data centers; and
WHEREAS, the City’s primary objective is the protection of public health, safety, and welfare; and
WHEREAS, City staff is therefore currently considering, studying and analyzing various options for proposing amendments to the City’s existing regulations to prohibit or conditionally permit data center land uses within the City; and
WHEREAS, California Government Code section 65858 authorizes the City Council to adopt, by a four-fifths vote, an extension to the interim ordinance for up to ten (10) months and fifteen (15) days.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BALDWIN PARK DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. The Recitals set forth above are hereby adopted as the findings of the City Council in connection with the adoption of this Ordinance and that based on the above Recitals, there is an immediate threat to the public health, safety and welfare. The adoption of this Ordinance is necessary for the immediate protection of the public health, safety and welfare.
SECTION 2 . The purpose of this Ordinance is to extend the established moratorium under the Interim Ordinance on the approval, establishment or operation of data centers to consider adopting regulations for data centers pursuant to Government Code section 65858. Based on the findings set forth in the Recitals and incorporated herein in Section 1, if the City were to continue to allow the approval, establishment, or operation of data centers, there would be an immediate threat to the public health, safety and welfare based on the following findings:
2 a) The present state of the Baldwin Park Municipal Code and the current lack of regulations on data centers p oses a variety of potential known and unknown adverse impacts, including but not limited to decreased air quality, increased greenhouse gas emissions, noise impacts, high power consumption that could strain the City’s existing infrastructure and result in higher utility costs, significant water consumption, occupation of large areas of land that is incompatible with the City’s land uses and potential nuisances including but not limited to noise, heat and pollution, all of which pose a threat to the public health, safety, and welfare to the citizens of the City.
b) The approval, establishment, or operation of such data centers without appropriate regulation might conflict with or be inconsistent with surrounding uses, resulting in land use conflicts, public safety concerns, environmental impacts, and risks to the City’s water or infrastructure.
SECTION 3. Interim Ordinance No. 1524 and all terms thereof is hereby extended to March 5, 2027, or until the City enacts an amendment to the BPMC, Zoning Code or another applicable regulation adopted by City Council, whichever is earlier. The issuance of any permit or applicable entitlement for the approval, establishment, or operation of data centers shall not be approved or issued during the pendency of this Ordinance or any modification thereof.
SECTION 4. This Ordinance shall become effective immediately upon adoption if adopted by at least four -fifths vote of the City Council and shall remain in full force and effect until March 5, 2027, or an amendment to the BPMC, Zoning Code or another applicable regulation adopted by City Council, whichever is earlier, unless earlier terminated by the City Council.
SECTION 5. The City Council finds that this Ordinance is not subject to California Environmental Quality Act (CEQA) pursuant to Section 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment), Section 15060(c)(3) (the activity is not a project as defined in Section 15378), Section 15061(b)(3) (it will not have a significant impact on the environment) and Section 15308 (actions by regulatory agencies for the protection of the environment) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because the subject ordinance has no potential for resulting in any significant physical change to the environment, either directly or indirectly.
SECTION 6. If any section, subsection, phrase, or clause of this Ordinance is for any reason held to be unconstitutional, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed this Ordinance and each section, subsection, phrase or clause thereof irrespective of the fact that any one or more sections, subsections, phrases, or clauses be declared unconstitutional.
3 SECTION 7 . For the term of this Ordinance, or any extension thereof, the provisions of this Ordinance shall govern over any conflicting provisions of any other City code, ordinance, resolution or policy.
Passed, approved, and adopted this 15th day of April 2026.
______________________________
DANIEL DAMIAN, MAYOR
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
CITY OF BALDWIN PARK
I, CHRISTOPHER SAENZ, City Clerk, of the City of Baldwin Park, do hereby certify that the foregoing Ordinance No. 1526 was introduced and adopted by the City Council at its regular meeting held on April 15, 2026 by the following vote of the Council:
AYES:
NOES:
ABSENT:
ABSTAIN:
_______________________________
CHRISTOPHER SAENZ, CITY CLERK