1 Interim Urgency Ordinance No. 2026-XX
Date Adopted: OCTOBER 20, 2026
INTERIM URGENCY ORDINANCE NO. 2026-XX
DATA CENTER MORATORIUM
AN INTERIM URGENCY ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF MORENO VALLEY,
CALIFORNIA, IMPOSING AN INITIAL 45-DAY
MORATORIUM ON THE APPROVAL OF ANY LAND USE
ENTITLEMENTS AND/OR AGREEMENTS TO ALLOW THE
OPERATION OF CERTAIN DATA CENTERS IN THE CITY
OF MORENO VALLEY, IN ACCORDANCE WITH
CALIFORNIA GOVERNMENT CODE SECTION 65858
WHEREAS, the City of Moreno Valley ("City") is a general law city and a municipal corporation of the State of California, and
WHEREAS, California Government Code Section 65858 authorizes the City Council to adopt, as an urgency measure, an interim ordinance (“Moratorium”) prohibiting land uses that may conflict with contemplated general plan, specific plan, zoning, or development standard amendments that the City is studying or intends to study within a reasonable time; and
WHEREAS, California Government Code Section 65858 further requires that in order to adopt such a Moratorium, the City Council must find that there exists a current and immediate threat to the public health, safety, or welfare, and that the approval of use permits, building permits, subdivisions, variances, or other entitlements related to the prospective prohibited land use would result in such a threat to public health, safety, or welfare; and
WHEREAS, staff is studying and intends to study potential amendments to the 2024 MoVal 2040 General Plan, Title 9 (Planning & Zoning), the City’s Zoning Atlas, and development standards, infrastructure policies, utility allocation procedures, environmental review thresholds, and performance standards related to the establishment, expansion, and operation of Data Centers and high-intensity digital infrastructure uses to determine appropriate regulatory standards or, alternatively, their permanent prohibition; and
WHEREAS, a “Data Center” as defined in this Ordinance below, without appropriate study and standards, could impose substantial and potentially irreversible impacts on local water supplies, electrical infrastructure, air quality, and community character; and
WHEREAS, staff represents that a “Data Center” as defined hereinbelow, without appropriate study and standards, could impose substantial and potentially irreversible impacts on local water supplies, electrical infrastructure, air quality, and community character, and that absent immediate action, applications for new Data Centers or conversion of existing structures into Data Centers could be submitted, processed, and 2 Interim Urgency Ordinance No. 2026-XX
Date Adopted: OCTOBER 20, 2026
vested under existing regulations before the City completes the necessary studies and adopts updated regulations specifically tailored to address the unique operational, environmental, infrastructure, and public safety impacts associated with such uses; and WHEREAS, staff purports that an immediate Moratorium is necessary to preserve the status quo while staff evaluates and considers appropriate amendments to the 2024 MoVal 2040 General Plan, Title 9 (Planning and Zoning), the City’s Zoning Atlas, and development standards, utility allocation policies, environmental review procedures, and public safety regulations applicable to Data Centers; and WHEREAS, staff recommends that the City Council find and determine that the adoption of a Moratorium is necessary for the immediate preservation of the public peace, health, safety, and welfare pursuant to California Government Code Section 65858 and the City’s police powers under Article XI, section 7 of the California Constitution; and WHEREAS, based upon all evidence presented and/or otherwise contained or referenced in the Staff Report and the rest of the Administrative Record, the City Council hereby finds, as set forth herein below, that a Moratorium is necessary to avoid current and immediate threats to the public health, safety, and welfare pending completion of the studies and regulatory actions described herein.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF MORENO VALLEY DOES ORDAIN AS FOLLOWS:
SECTION 1. RECITALS
That the above recitals are true and correct and are incorporated herein as though set forth at length herein.
SECTION 2. AUTHORITY
That this Interim Urgency Ordinance (Moratorium) is adopted pursuant to the authority granted pursuant to the California Government Code Section 65858 for the purpose of protecting the public health, safety, and welfare of the residents of the City of Moreno Valley from the current and immediate threats that certain potential Data Centers, if permitted to operate within the City’s jurisdictional boundaries, would present to the residents of the City of Moreno Valley.
SECTION 3. PURPOSE
That the purpose of this Interim Urgency Ordinance (Moratorium) is to protect the public health, safety, and welfare of the residents of the City of Moreno Valley from the current and immediate threats that certain potential Data Centers, if permitted to operate within the City’s jurisdictional boundaries, would present to the residents of the City of Moreno Valley.
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Date Adopted: OCTOBER 20, 2026
SECTION 4. ADMINISTRATIVE RECORD
That the City Council has considered all the evidence contained in the Administrative Record for this Interim Urgency Ordinance (Moratorium), which includes, without limitation, the following:
(a) 2024 MoVal 2020 General Plan and all other relevant provisions contained therein;
(b) Title 9 (Planning and Zoning) of the Moreno Valley Municipal Code and all other relevant provisions referenced therein and the City’s Zoning Atlas;
(c) The findings supporting the Interim Urgency Ordinances (Moratoriums) and Ordinances banning Data Centers adopted by the Cities of Baldwin Park, Brawley, Calipatria, Coachella, El Monte, Imperial, Montebello, Monterey Park and Oakley;
(d) The joint report produced by the Los Angeles Department of Regional Planning and Los Angeles County Public Health, dated August 17, 2026, titled “Addressing the Health and Environmental Impacts of Data Centers”;
(e) The Staff Report and consideration and all documents, records, and references related thereto, and Staff’s presentation at the City Council meeting; and
(f) Public comments from all persons that were provided in written format or correspondence, at, or prior to, the City Council meeting.
SECTION 5. URGENCY FINDINGS
That in accordance with California Government Code Section 65858 and in order to protect public health, safety, and welfare, the City Council of the City of Moreno Valley adopts the following findings in support of this Interim Urgency Ordinance (Moratorium), based on the evidence contained in the Administrative Record as described above, and finds that there is a current and immediate threat to the public health, safety, or welfare of the residents of the City of Moreno Valley based on the following:
Emerging Nature of Data Center Development.
1. Advances in cloud computing, artificial intelligence, cryptocurrency processing, large-scale digital storage, and high-density computing have resulted in a substantial increase in proposals for large industrialscale Data Centers throughout California and the western United States.
2. Data Centers differ substantially from traditional office, industrial, warehouse, or research and development uses because they may 4 Interim Urgency Ordinance No. 2026-XX
Date Adopted: OCTOBER 20, 2026
operate continuously on a twenty-four-hour basis; consume extraordinarily high amounts of electrical power and water; require extensive cooling infrastructure; rely upon diesel backup generators and hazardous materials systems; and generate persistent noise, heat, vibration, and infrastructure demands that are not adequately addressed under the City’s current zoning regulations.
3. The City’s current zoning regulations, zoning atlas, and development standards were adopted before the emergence of modern hyperscale and artificial intelligence-oriented Data Centers and therefore do not adequately regulate the intensity, utility demand, operational characteristics, environmental impacts, or cumulative impacts associated with such facilities.
4. The California Energy Commission has publicly identified Data Centers as a rapidly growing source of statewide electrical demand and has projected substantial increases in electricity consumption associated with future Data Center development.
Threats to Electrical Infrastructure and Grid Reliability.
1. Data Centers may impose extraordinary and concentrated electrical loads on local transmission and distribution systems, potentially requiring substantial upgrades to substations, transformers, transmission infrastructure, and backup generation systems.
2. The City’s existing electrical infrastructure is mostly not designed to accommodate multiple large-scale Data Center facilities or high-density computing campuses with continuous baseload demand requirements.
3. To permit Data Center projects prior to City staff determining whether the City’s existing electrical infrastructure (which includes Moreno Valley Utility infrastructure) is capable of providing adequate capacity and conducting the necessary reliability studies, and prior to the City’s existing electrical utility providers (which includes Moreno Valley Utility) making any necessary system upgrades, may adversely affect grid reliability, increase the risk of service interruptions, strain emergency backup systems, and impair the ability of the City’s existing electrical utility providers to serve existing residential, commercial, school, hospital, and public safety uses.
4. Uncontrolled proliferation of Data Centers may contribute to increased utility costs borne by residents and existing businesses through infrastructure expansion, peak demand impacts, and utility cost shifting by City’s existing electrical utility providers other than Moreno Valley Utility.
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Date Adopted: OCTOBER 20, 2026
Water Supply and Drought Resiliency Concerns.
1. Many modern Data Centers rely upon substantial quantities of potable and recycled water for cooling and climate-control systems, depending on the type of cooling system selected, which is not currently regulated or controlled by the City.
2. The City is located within a region subject to recurring drought conditions, groundwater management obligations, imported water supply constraints, climate change impacts, and increasing long-term uncertainty regarding water availability.
3. The approval of Data Center facilities before completion of water supply and infrastructure analyses may threaten the City’s ability to preserve adequate water supplies for residential neighborhoods, schools, parks, hospitals, fire suppression, and other essential community needs.
4. The existing development standards do not presently include sufficient operational limitations, water efficiency standards, recycled water requirements, drought contingency provisions, or cumulative water demand thresholds specifically applicable to Data Centers. Public Health and Environmental Impacts.
1. Data Centers commonly utilize large-scale mechanical cooling equipment, industrial ventilation systems, emergency backup generators, transformers, and fuel storage facilities that may create significant noise, vibration, air quality, heat island, and hazardous materials impacts affecting nearby residential and sensitive land uses.
2. Backup diesel generators associated with Data Centers may create localized emissions impacts during testing, maintenance, or emergency operation and may adversely affect nearby residential neighborhoods, schools, childcare centers, senior housing facilities, and medically vulnerable populations.
3. The City’s current zoning regulations do not contain adequate buffering, setback, noise attenuation, generator operation, emissions mitigation, or environmental performance standards specifically tailored to Data Center operations.
4. Data Centers frequently generate comparatively low employment densities relative to the intensity of land consumption, infrastructure demand, and utility usage associated with such facilities, thereby raising substantial land use compatibility and public welfare concerns regarding the long-term allocation of scarce industrial land and utility resources. Fire, Emergency Response, and Public Safety Concerns. 6 Interim Urgency Ordinance No. 2026-XX
Date Adopted: OCTOBER 20, 2026
1. Data Centers and associated energy infrastructure may involve substantial quantities of fuel storage systems, electrical equipment, cooling systems, and other facilities that pose unique fire suppression, hazardous materials, and emergency response challenges.
2. The City has identified the need to evaluate whether existing Fire Department staffing levels, training protocols, hazardous materials response capabilities, water pressure availability, and fire suppression infrastructure are adequate to safely serve large-scale Data Center facilities.
3. The approval of Data Center facilities before completion of such evaluations may create immediate and unacceptable risks to emergency response operations, firefighter safety, and neighboring properties.
SECTION 6. NEED FOR IMMEDIATE INTERIM MORATORIUM
That in light of the Urgency Findings set forth above, the City Council finds that there is a current and immediate threat to public health, safety, and welfare arising from the potential establishment of Data Centers under the City’s existing zoning and development regulations, which were not designed to address the unique and intensive operational characteristics of such uses since:
1. The approval of additional land use entitlements, building permits, grading permits, use permits, variances, subdivisions, or any other applicable approvals for Data Center development during the period in which the City studies appropriate regulatory controls would result in and exacerbate the threats identified herein.
2. Without the immediate adoption of this Interim Urgency Ordinance (Moratorium), developers may be able to obtain vested rights or approvals under existing regulations before the City has an opportunity to complete the studies and adopt reasonable regulations necessary to protect the public health, safety, and welfare.
3. This Interim Urgency Ordinance (Moratorium) is necessary to preserve the status quo while the City evaluates and considers appropriate amendments to the 2024 MoVal 2040 General Plan, Zoning regulations, Zoning Atlas, development standards, utility allocation policies, environmental review procedures, and public safety regulations applicable to Data Centers.
SECTION 7. INTERIM URGENCY ORDINANCE (MORATORIUM)
That in light of the Urgency Findings and the Need For Immediate Interim Moratorium, as set forth above, and based upon all evidence contained in the Administrative Record, the City Council hereby adopts this Interim Urgency Ordinance (Moratorium) to prohibit the issuance or approval any General Plan Amendment, Specific Plan, Specific Plan Amendment, Zone Text Amendment, Zoning Atlas Amendment, 7 Interim Urgency Ordinance No. 2026-XX
Date Adopted: OCTOBER 20, 2026
Municipal Code Amendment, building permit, occupancy permit, conditional use permit, subdivision map, plot plan, variance, or other land use entitlement, agreement or permit or regulatory license or permit required to comply with the provisions of the Moreno Valley Municipal Code for the construction, operation or development of a “Data Center” by any private or public entity on any property within the City during the time that this Interim Urgency Ordinance (Moratorium) is in effect, and continuing for the time set forth in any action taken to extend this Interim Urgency Ordinance (Moratorium).
SECTION 8. DEFINITION OF DATA CENTER
That for purposes of this Interim Urgency Ordinance (Moratorium), “Data Center” shall mean a structure or site used primarily for the storage, management, processing, and transmission of digital data and that houses computer or network equipment, systems, servers, appliances, and other associated components related to digital data storage, processing, and related operations, such as, but not limited to, 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 that exceeds 100 Megawatts of power monthly.
SECTION 9. EXCEPTIONS
That this Interim Urgency Ordinance (Moratorium) shall not apply to any of the following:
1. Data Centers developed, constructed, and operated by the City of Moreno Valley or other public agencies.
2. Associated Data Rooms or Server Rooms which consist of enclosed rooms, suites, or other accessory spaces containing computer servers, data storage equipment, network switching equipment, telecommunications equipment, and related supporting equipment, including cooling, electrical, backup power, and security systems, used solely in conjunction with and incidental to the primary land use on the same lot or site, and which shall not be used for third-party digital data processing, storage, or transmission.
SECTION 10. CALIFORNIA ENVIRONMENTAL QUALITY ACT
That the City Council finds that this Interim Urgency Ordinance (Moratorium) is not subject to the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly; it prevents changes in the environment pending the completion of zoning code revisions and related impact studies.
SECTION 11. EFFECTIVE DATE
8 Interim Urgency Ordinance No. 2026-XX
Date Adopted: OCTOBER 20, 2026
That this Interim Urgency Ordinance (Moratorium) was adopted by the necessary four-fifths vote of the members of the City Council pursuant to California Government Code Section 65858 and shall take effect immediately upon its adoption.
SECTION 12. TERM
That this Ordinance is an Interim Urgency Ordinance (Mortarium), enacted pursuant to Government Code section 65858, and the term of this Interim Urgency Ordinance (Moratorium) shall not exceed 45 days from the date of adoption, after which it shall expire and be of no further force or effect, unless and until extended in accordance with Government Code section 65858.
SECTION 13. WRITTEN REPORT
That at least 10 days before this Interim Urgency Ordinance (Moratorium) or any extension expires, the City Manager or designee shall issue a written report describing the measures taken to alleviate the condition which led to the adoption of this Interim Urgency Ordinance (Moratorium).
SECTION 14. SEVERABILITY
That the City Council declares that, should any provision, section, paragraph, sentence, or word of this Interim Urgency Ordinance (Moratorium) be rendered or declared invalid by any final court action in a court of competent jurisdiction or by reason of any preemptive legislation, the remaining provisions, sections, paragraphs, sentences, or words of this ordinance as hereby adopted shall remain in full force and effect.
SECTION 15. REPEAL OF CONFLICTING PROVISIONS
That all the provisions of the Municipal Code as heretofore adopted by the City of Moreno Valley that are in conflict with the provisions of this Interim Urgency Ordinance (Moratorium) are hereby repealed.
SECTION 16. CERTIFICATION
That the City Clerk shall certify to the passage and adoption of this Interim Urgency Ordinance (Moratorium), enter the same in the book for original ordinances of the City, and make a minute of passage and adoption thereof in the records of the proceedings of the City Council, in the minutes of the meeting at which this Interim Urgency Ordinance (Moratorium) is passed and adopted.
SECTION 17. PUBLISHING
That the City Clerk shall certify to the passage of this Interim Urgency Ordinance (Moratorium) and cause the same or a summary thereof to be published within fifteen (15) days after adoption in a newspaper of general circulation, printed and published in Moreno Valley, California.
9 Interim Urgency Ordinance No. 2026-XX
Date Adopted: OCTOBER 20, 2026
APPROVED AND ADOPTED this 20th day of October 2026.
___________________________________
Ulises Cabrera
Mayor
City of Moreno Valley
ATTEST:
________________________________
M. Patricia Rodriguez, MMC, City Clerk
APPROVED AS TO FORM:
________________________________
Steven B. Quintanilla, City Attorney
10 Interim Urgency Ordinance No. 2026-XX
Date Adopted: OCTOBER 20, 2026
ORDINANCE JURAT
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF MORENO VALLEY )
I, M. Patricia Rodriguez, MMC, City Clerk of the City of Moreno Valley, California, do hereby certify that Interim Urgency Ordinance No. 2026-XX was duly and regularly adopted by the City Council of the City of Moreno Valley at a regular meeting thereof held on the 20th day of October, 2026, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
(Council Members, Mayor Pro Tem and Mayor)
___________________________________________
M. PATRICIA RODRIGUEZ, MMC, CITY CLERK
(SEAL)