Interim Urgency Ordinance
City Council
September 8, 2026
Planning Division
SUMMARY
Per Council direction, the proposed interim urgency ordinance is seeking a moratorium on data center development.
This interim urgency ordinance would also request a moratorium on Communication Equipment Buildings as listed in the Zoning Ordinance.
Adopting the interim urgency ordinance will provide staff with time to evaluate this use.
Interim urgency ordinance will be enacted for 45-day period and under State law, can be extended.
BACKGROUND
Growing concern across both the state and nation regarding “Data Center” development.
Numerous publications regarding Data Center development that note concerns related to:
High energy demand
Water usage
Noise
Climate Impacts
Based on potential issues regarding this type of development, more time is needed to research appropriate actions going forward.
WHAT DOES URGENCY ORDINANCE DO?
CA Government Code Section 65858 authorizes cities to adopt an interim urgency ordinance when there is an immediate threat to the public health, safety, or welfare.
Interim urgency ordinance is seeking moratorium on Date Centers and Communication Equipment Buildings.
Data Centers are not defined in Visalia ZO but are defined per interim urgency ordinance.
Interim urgency ordinance will remain in effect for 45-days and can be extended subject to another public hearing.
WHY NOW AND WHATS NEXT?
City’s existing regulations were adopted before the emergence of data centers.
Demand to build more of these types of facilities is increasing.
Without the interim ordinance, staff does not want to be put in a position to have to process this type use if an application were filed.
Over the period the interim urgency ordinance is in effect, staff will:
Conduct Research, Engage Stakeholder, Evaluate Impacts, etc.
Findings to support adoption of the interim urgency ordinance are included in Ord. 26-10.
RECOMMENDED MOTION
I move to adopt Ordinance No. 2026-10, an interim urgency ordinance placing a temporary moratorium on the acceptance, processing, approval, or issuance of permit/entitlements for new data center development or communication equipment buildings.
Questions
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Discussion