To: BOARD OF SUPERVISORS
From: County Counsel
Meeting Date: September 1, 2026
|
Department Contact: |
Katharine Elliott |
Phone: |
707-234-6885 |
|
Department Contact: |
Matthew Kiedrowski |
Phone: |
707-234-6885 |
|
Item Type: Regular Agenda |
|
Time Allocated for Item: 30 Minutes |
Agenda Title:
title
Discussion and Possible Action Including Adoption of an Urgency Ordinance of the Mendocino County Board of Supervisors Imposing a Temporary Moratorium Prohibiting the Processing and Approval of New Data Center Uses Within the Unincorporated County to Allow for Evaluation of the Public Health, Environmental and Fiscal Impacts and the Enactment of Further and Appropriate Regulations Concerning Such Uses
(Sponsor: County Counsel)
Vote Requirement: 4/5ths
End
Recommended Action/Motion:
recommendation
Adopt Urgency Ordinance of the Mendocino County Board of Supervisors imposing a temporary moratorium prohibiting the processing and approval of new Data Center Uses within the unincorporated County to allow for evaluation of the public health, environmental and fiscal impacts and the enactment of further and appropriate regulations concerning such uses; and authorize Chair to sign same.
End
Previous Board/Board Committee Actions:
On July 7, 2026, the Board of Supervisors directed staff to prepare an urgency ordinance establishing a moratorium on new data centers in Mendocino County and formed an ad hoc committee of Supervisors Haschak and Williams to work with staff and bring back a specific plan regarding data centers, including research from other counties and cities, and to look at the financial benefit and impact to the County.
Summary of Request:
Government Code section 65858 authorizes a county board of supervisors to enact, by a 4/5 vote, an interim ordinance prohibiting any uses that may be in conflict with a contemplated general plan, specific plan or zoning proposal that the board is considering or studying or intends to study within a reasonable time. The ordinance must contain findings that there is a current and immediate threat to the public health, safety or welfare, and that the approval of additional entitlements for the use would result in that threat to public health, safety of welfare.
Many jurisdictions nationwide are grappling with how to address the development of data centers, which are warehouse-like buildings that house the necessary computing hardware - including servers, storage systems, and networking equipment that power the digital economy, including the processing capabilities required for generative artificial intelligence. Data centers also have the potential to generate public health and environmental impacts, largely stemming from the need to cool the computing equipment inside. Data centers use some combination of water and air cooling systems, which both draw power from the electrical grid and use large amounts of water. Some data centers are large enough that power plants are being constructed adjacent to the data center in order to not rely on the power grid, and others can consume thousands of gallons of water per day for evaporative cooling. The machinery involved in cooling a data center can create noise impacts from hundreds of air conditioners as well as air pollution impacts from backup or even permanent power generators. Attached as part of this agenda item are selected articles and reports regarding data centers and their impacts that Planning staff have reviewed as part of their research into this issue, which describe the potential impacts of data centers.
Based on Board direction, staff have prepared an ordinance establishing an urgency moratorium on data centers for the Board’s consideration. The processing and approval of any application for Data Center Uses, as defined in the ordinance, would be prohibited, with certain exceptions for customary server rooms or ordinary computer equipment that supports on-site operations, public safety or emergency operations facilities, and telecommunications facilities that provide essential services to the public. In addition, to the extent applicable, certain repairs or maintenance of any existing lawful facility that could be considered a Data Center Use is not prohibited, nor is the ordinance to be construed as depriving any person of a vested right.
The ordinance would take effect immediately if adopted by the required 4/5 vote and provides direction to the CEO and Department of Planning and Building Services to study and prepare for the consideration of the Board of Supervisors changes to the General Plan or zoning code with respect to Data Center Uses. Staff would work on the substantive ordinance regulating Data Center Uses with the ad hoc committee formed on July 7, 2026.
The ordinance is effective for only 45 days, and any extension requires the Board to adopt an ordinance extending the urgency ordinance for either an additional 10 months and 15 days or 22 months and 15 days.
If the ordinance is adopted, extension of the ordinance will be tentatively calendared for action on October 6, 2026. Any Data Center Use regulations that would amend the zoning code would require environmental review and need to be reviewed by the Planning Commission, which reviews could not occur in time to bring an ordinance back to the Board within the initial 45-day time period of the initial urgency moratorium.
Alternative Action/Motion:
Do not adopt ordinance; provide direction to staff.
Strategic Plan Priority Designation: A Safe and Healthy County
Supervisorial District: All
Supplemental Information Available Online At: N/A
Fiscal Details:
|
source of funding: N/A |
|
current f/y cost: N/A |
|
budget clarification: N/A |
|
annual recurring cost: N/A |
|
budgeted in current f/y (if no, please describe): N/A |
|
revenue agreement: N/A |
AGREEMENT/RESOLUTION/ORDINANCE APPROVED BY COUNTY COUNSEL: Yes
CEO Liaison: Executive Office
CEO Review: Yes
CEO Comments:
FOR COB USE ONLY
|
Executed By: Deputy Clerk |
Final Status: Item Status |
|
Date: Date Executed |
Executed Item Type: item |
|
|
Number: |
|
|
|