AGENDA
ITEM
18 AGENDA
CALEXICO California ITEM
WHERE CALIFORNIA AND MEXICO MEET
18 CITY COUNCIL
AGENDA STAFF REPORT
DATE: September 2, 2026
TO: City Council
APPROVED BY: Benjamin Martinez, City Manager B
PREPARED BY: Laura Estrada, City Attorney LE
SUBJECT: Public Hearing Regarding Proposed Ordinance Prohibiting Data Centers *==
Recommendation:
It is recommended that the City Council:
1. Conduct a duly noticed public hearing to receive oral and written testimony regarding the proposed ordinance adding Article XII to Chapter 17.11 for the City's Municipal Code, prohibiting new data centers within the City;
2. Introduce for first reading, by title only, and waive further reading of an ordinance amending the City's Municipal Code to prohibit new data centers citywide; and
3. Direct staff to return the ordinance for second reading and adoption on September 16, 2026, at the City Council meeting.
Background:
At its regular meeting on June 3, 2026, the City Council directed staff to return with an item for consideration regarding a potential moratorium on the establishment of data centers within the City.
At the City Council's regular meeting on July 1, 2026, Staff recommended adoption of an urgency interim ordinance pursuant to California Government Code section 65858 establishing a temporary moratorium while the City evaluated appropriate long-term land use regulations.
However, the City Council declined to pursue an interim urgency ordinance and instead directed staff to prepare a permanent amendment to the City's Municipal Code prohibiting the establishment of new data centers within the City.
Consistent with that direction, staff has prepared the attached ordinance for the City Council's consideration.
Discussion and Analysis:
Data centers place a significant strain on local utilities and infrastructure, due to the amount of electricity and water they require to operate. Furthermore, data centers rely on systems and equipment that may generate noise, vibrations, heat, emissions, and hazardous materials concerns. As a result, staff has determined that data center are not consistent with the City's long-term planning objectives, infrastructure planning assumptions, environmental sustainability goals, economic development priorities, and community vision. By prohibiting data centers throughout the City, residents, businesses, and property owners will have more certainty about long-term development expectations. Additionally, prohibiting data centers in the City will ensure that the City prioritizes the protection of public health, safety, welfare, natural resources, infrastructure capacity, and community character.
The proposed ordinance adds Article Xil to Chapter 17.11 for the City's Municipal Code to prohibit the establishment of data centers within all zoning districts.
Pursuant to California Government Code section 65854, the City Council will conduct its own duly noticed public hearing to receive public testimony and consider the proposed ordinance.
If the City Council introduces the ordinance following the public hearing, staff anticipates returning the ordinance for second reading and adoption at the next regular City Council meeting.
Pursuant to Government Code section 36937, the ordinance will become effective thirty (30) days after its adoption unless otherwise provided by law.
The proposed zoning ordinance amendment is exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines sections 15061(b)(3) and 15378 as the amendment does not have the potential for causing a significant effect on the environment and does not have the potential to result in either a direct or reasonably foreseeable indirect physical change to the environment.
Fiscal Impact:
There are no identifiable fiscal impacts associated with adopting the ordinance itself (other than costs associated with codifying the Ordinance).
Coordinated With:
- Planning and Building Director
Attachments):
1. Draft Ordinance
2 ORDINANCE NO. _
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CALEXICO, CALIFORNIA, ADDING ARTICLE XII TO CHAPTER 17.11 OF THE CALEXICO
MUNICIPAL CODE TO PROHIBIT DATA CENTERS WITHIN THE CITY OF
CALEXICO
WHEREAS, Article XI, Section 7 of the California Constitution empowers the City to enact and enforce ordinances regulating conditions that may be public nuisances or health hazards, or that promote social, economic, or aesthetic considerations.
WHEREAS, California Government Code section 65800 et seq., the City has authority to regulate land uses and adopt zoning regulations to protect the public health, safety and welfare of its residents; and
WHEREAS, the City of Calexico has adopted zoning regulations contained in Title 17 of the Calexico Municipal Code to regulate land uses, development standards, and the orderly growth of the city; and -
WHEREAS, the City's zoning regulations operate under a permissive zoning framework whereby land uses are authorized only when expressly identified as permitted or conditionally permitted uses within the applicable zoning district; and WHEREAS, advances in technology have resulted in an increase in proposals for the development of data centers throughout California, particularly in less densely populated communities; and
WHEREAS, data centers place a significant strain on local utilities and infrastructure, due to the amount of electricity and water they require to operate; and WHEREAS, data centers rely on systems and equipment that may generate noise, vibrations, heat, emissions, and hazardous materials concerns; and WHEREAS, the City Council finds that data centers are not consistent with the City's long-term planning objectives, infrastructure planning assumptions, environmental sustainability goals, economic development priorities, and community vision; and WHEREAS, the City Council's purpose in adopting this ordinance is to establish that data centers are not an allowed land use anywhere within the City; WHEREAS, this prohibition provides certainty to residents, businesses, and property owners about long-term development expectations, and ensures that the City prioritizes the protection of public health, safety, welfare, natural resources, infrastructure capacity, and community character; and
WHEREAS, the City Council desires to add Article XII to Chapter 17.11 of the Calexico Municipal Code to clarify that data centers are not a permitted use within the city of Calexico.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CALEXICO, CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS:
Section 1. The foregoing recitals and statements of fact are true and correct, constitute a substantive part of this ordinance, and are incorporated herein by this reference.
Section 2. Chapter 17.11 of the Calexico Municipal Code is hereby amended by adding Article XII to read as follows:
Article XII - Data Centers
17.11.1210 - Purpose
Data Centers place a significant strain on local utilities and infrastructure, due to the amount of electricity and water they require to operate. Moreover, Data Centers rely on systems and equipment that may generate noise, vibrations, heat, emissions, and hazardous materials concerns. As a result, the City Council has found that Data Centers are not consistent with the city's long-term planning objectives, infrastructure planning assumptions, environmental sustainability goals, economic development priorities, and community vision. Prohibiting Data Centers throughout the city provides certainty to residents, businesses, and property owners about long-term development expectations, and ensures that the city prioritizes the protection of public health, safety, welfare, natural resources, infrastructure capacity, and community character.
17.11.1220 - Definition
"Data Center" means a building, dedicated space within a building, or group of structures used to house a large group of networked computer systems used for data storage and - processing for off-site and on-site users, to be used for the remote storage, processing, or distribution of large amounts of data. Such facilities may also include air handlers, power generators, water cooling and storage facilities, utility substations, back-up batteries, fire suppression systems, enhanced security features, and other associated utility infrastructure to support operations.
17.11.1230 - Prohibition
Data Centers are prohibited in every zoning district within the city. No person shall permit, establish, or operate a Data Center on any property within any zoning district of the city.
17.11.1240 - Exemption
The following shall not be considered prohibited uses under Section 17.11.1230:
A. Accessory server rooms, data processing equipment, or information technology facilities that are incidental, subordinate, and specifically related to a permitted principal use. Operation of a server room for purposes unrelated to the permitted principal use on a property is prohibited.
B. Uses authorized pursuant to state or federal law.
C. Uses that are otherwise explicitly authorized by this code, including but not limited to wireless communication facilities.
17.11:1250 - Enforcement
A. Any violation of this article shall constitute a public nuisance.
B. Any person, partnership, association, corporation, fiduciary or other legal entity, that owns, leases, occupies, controls or manages any property that causes, permits, or maintains a violation of this article, shall be guilty of a misdemeanor, as provided in Chapter 1.24 of this code.
C. This section is intended to be cumulative to, and not in place of, other rights and remedies available to the city pursuant to the Code, including any civil, criminal and/or administrative action.
Section 3. Nothing in this Ordinance shall be interpreted or applied in a manner that conflicts with applicable federal or California law. To the extent any provision of this Ordinance is preempted by or otherwise unenforceable under state or federal law as applied to a particular person, property, or circumstance, such provision shall not apply to that person, property, or circumstance, and the remaining provisions of this Ordinance shall remain in full force and effect.
Section 4. The City Council finds that the changes implemented by this Ordinance will promote public health, safety and general welfare by, among other things, encouraging the most appropriate use of land, and conservation and stabilization of property value, all in accordance with the general plan. The proposed changes to the municipal code do not affect any particular property. Rather, they are a citywide application and are intended to enhance property values while balancing property rights.
Section 5. The City Council finds and determines that this Ordinance is not subject to further review under the California Environmental Quality Act (Public Resources Code 21000, et seq.: "CEQA") for the following reasons:
a) It Will not result in a direct or reasonably foreseeable indirect physical change in the environment (14 Cal. Code Regs. 15060(c)(2)). A prohibition on data centers means they cannot be constructed.
b) There is no possibility that the proposition may have a significant effect on the environment (14 Cal. Code Regs. 15061(b)(3)). A prohibition on data centers means they cannot be constructed.
c) This Ordinance, by itself, does not constitute a "project" as defined in the CEQA Guidelines (14 Cal. Code Regs. 15378).
Section 6. Pursuant to Government Code Section 65860, the changes implemented by this ordinance are consistent with the General Plan.
Section 7. If any provision of this ordinance or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of the ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this ordinance are severable. City Council hereby declares that it would have adopted this ordinance irrespective of the invalidity of any particular portion thereof.
Section 8. The Ordinance will become effective thirty (30) days after adoption unless otherwise provided by law.
Section 9. The City Clerk shall certify to the adoption of this Ordinance and shall cause it to be published in accordance with California Government Code Section 36933.
PASSED APPROVED AND ADOPTED on this 2n° day of September 2026.
Victor Legaspi, Mayor
ATTEST:
Veronica Luna-Alvarado, City Clerk
APPROVED AS TO FORM:
Laura Estrada, City Attorney
State of California
County of Imperial) s.s.
City of Calexico )
1, Veronica Luna-Alvarado, City Clerk of the City of Calexico, California, do hereby certify that the foregoing Ordinance was adopted by a [minimum three-fifths (3/5) vote] at a regular meeting of the City Council of the City of Calexico held on the 2nd day of September, 2026, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
Veronica Luna-Alvarado, City Clerk