Urgency Ordinance
Extension
City Council
October 19, 2026
Planning Division
SUMMARY
• Per Council direction, an urgency ordinance seeking a moratorium on data center development and communication equipment buildings, as listed in the Zoning Ordinance, was adopted on September 8, 2026.
• Urgency ordinance, when initially adopted, is enacted for 45-day period per State law but can be extended.
• Staff is requesting an extension pursuant to GS 65858, for an additional 10 months, 15 days.
• Adopting the extension will continue to provide the necessary time for staff to evaluate this use.
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 • State also recently enacted new legislation, imposing new requirements on data center developments.
• Based on potential issues and new legislation regarding this type of development, more time is still needed to research appropriate actions going forward.
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 urgency ordinance, staff does not want to be put in a position to have to process this type use if an application were filed. • Staff is still conducting research, and impacts related to this use. • Findings to support the extension of the urgency ordinance are included in Ord.
No. 2026-12.
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.
• 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.
• If adopted, the extension of the urgency ordinance will remain in effect for 10 months, 15 days subject to a public hearing.
RECOMMENDED MOTION
I move to adopt and extend Ordinance No. 2026-12, an
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
&
Discussion