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Date Adopted:
Date Approved:
Effective Date:
City Attorney Approval: ______
753061v1
Resolution No.
RESOLUTION NO. ____________
A RESOLUTION OF THE COUNCIL OF THE CITY OF
FRESNO, CALIFORNIA, TO INITIATING A TEXT
AMENDMENT TO CHAPTER 15 OF THE FRESNO
MUNICIPAL CODE PURSUANT TO FMC SECTION 15-
5803-A RELATING TO THE PROHIBITION OF DATA
CENTERS WITHIN THE CITY OF FRESNO
WHEREAS, on December 3, 2015, the Council of the City of Fresno voted to adopt Ordinance Bill No. B-43, adding Chapter 15 to the Fresno Municipal Code, which is a comprehensive update to the City’s Zoning Ordinance and is referred to as the “Citywide Development Code”; and
WHEREAS, the Citywide Development Code sets forth development standards and use requirements for various uses within the City of Fresno; and WHEREAS, section 15-104-A-2 of the Citywide Development Code states, in relevant part, that “[a] proposed use within a zoning district must expressly be listed as a permitted use per the applicable base or overlay district, or determined to be such through the determination of the Director, in order to be authorized under the Development Code”; and
WHEREAS, data centers are not included as a permitted use in any zone district within the Citywide Development Code and are therefore not permitted unless authorized by a Director’s determination pursuant to section 15-104-A-2; and WHEREAS, FMC section 15-5020 sets forth the required procedures and findings for a Director’s Determination which include: submission of an application, public outreach by the Director, and findings that “1. the subject use and its operation are compatible with 753061v1
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the uses permitted in the district where it is proposed to be allowed; and 2. the subject use is similar to three or more uses permitted in the district within which it is proposed to be allowed; and 3. the subject use will not cause substantial injury to the value of the property in neighborhoods or districts within which it is likely to be located; and, 4. the subject use will be so controlled that the public health, safety, and general welfare will be protected.”; and
WHEREAS, data centers, including those designed to house the specific IT infrastructure needed to train, deploy, and deliver Artificial Intelligence (AI) applications and services are being developed throughout the State of California; and WHEREAS, the Council of the City of Fresno desires to amend the text of the Citywide Development Code to affirmatively prohibit data centers within the City of Fresno; and
WHEREAS, the Council believes this Text Amendment is in the best interests of the City of Fresno.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Fresno as follows:
1. The Council, pursuant to Fresno Municipal Code Section 15-5803-A, hereby initiates an amendment to Fresno Municipal Code Chapter 15 relating to the prohibition of data centers within the City of Fresno.
2. The Council directs staff to prepare a Text Amendment containing the following components:
a. A clear definition of AI/Cloud Data Centers, which shall include, but not be limited to, “A specialized facility or campus whose primary purpose is 753061v1
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dedicated to the centralized housing, operation, and management of large-scale computer servers, data storage systems, and network infrastructure. This definition explicitly encompasses facilities utilized for Artificial Intelligence (AI) model training, high-performance computing (HPC), data mining, cryptocurrency validation, and hyperscale cloud storage services. These developments are characterized by high power densities (exceeding 2 Megawatts (MW) of demand), substantial industrial cooling apparatuses (e.g., chillers, cooling towers, fluid loops), substantial on-site backup generation infrastructure, and reliance on highvoltage transmission-level utility lines. Building footprints typically exceed 20,000 square feet.”
b. A clear prohibition on data centers throughout the City of Fresno. c. Language stating that the prohibition is applicable to all land within the City of Fresno, and will become applicable to land that is annexed into City limits upon annexation.
d. A prohibition term of ten years which shall become a permanent prohibition upon the expiration of the ten-year period unless amended by a vote of Council through its standard procedures.
The Text Amendment shall be prepared along with an appropriate environmental assessment consistent with the requirements of the California Environmental Quality Act.
3. The Council further directs staff to bring the Text Amendment before the Airport Land Use Commission for review, before the Planning Commission for review subsequent to it being reviewed by the Airport Land Use Commission, and back before 753061v1
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Council for consideration following the Planning Commission review, pursuant to the procedure for Text Amendments set forth within the Fresno Municipal Code.
4. The Council shall receive notice of any application for a data center that is submitted to the City.
5. This resolution shall be effective upon final approval. * * * * * * * * * * * * * *
STATE OF CALIFORNIA )
COUNTY OF FRESNO ) ss.
CITY OF FRESNO )
I, AMY K. ALLER, City Clerk of the City of Fresno, certify that the foregoing resolution was adopted by the Council of the City of Fresno, at a regular meeting held on the day of 2026.
AYES :
NOES :
ABSENT :
ABSTAIN :
AMY K. ALLER
City Clerk
By:
Date
Deputy
APPROVED AS TO FORM:
ANDREW JANZ
City Attorney
By:
Talia Kolluri Date
Assistant City Attorney