To: BOARD OF SUPERVISORS
From: County Counsel
Meeting Date: October 6, 2026
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Department Contact: |
Katharine Elliott |
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707-234-6885 |
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Department Contact: |
Matthew Kiedrowski |
Phone: |
707-234-6885 |
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Item Type: Noticed Public Hearing |
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Time Allocated for Item: 30 Minutes |
Agenda Title:
title
Noticed Public Hearing - Discussion and Possible Action Including Adoption of an Urgency Ordinance of the Mendocino County Board of Supervisors Extending, By Twenty-Two Months and Fifteen Days, 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 extending, by twenty-two months and fifteen days, 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.
On September 1, 2026, the Board of Supervisors adopted the initial urgency ordinance establishing such a moratorium on data centers, which, pursuant to Government Code section 65858, is effective only for forty-five (45) days.
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 staff of the Department of Planning and Building Services have reviewed as part of their research into this issue, which describe the potential impacts of data centers.
On September 1, 2026, the Board adopted an ordinance establishing an urgency moratorium on data centers. The processing and approval of any application for Data Center Uses, as defined in the ordinance, is at this time 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.
Pursuant to Government Code section 65858, a moratorium is only effective for a forty-five (45) day period, subject to extension after a noticed public hearing; this hearing was noticed in the Ukiah Daily Journal. It is proposed to extend the urgency ordinance for twenty-two (22) months and fifteen (15) days, the maximum permitted by the statute. This is because it is easier to terminate the ordinance once regulations have been established than hold a new public hearing in the event the Department has not completed the zoning ordinance amendment process, which includes a hearing by the Planning Commission, within the next ten (10) months and fifteen (15) days.
A redline and a clean version of the proposed ordinance is attached to this agenda packet. Staff received direction at the September 1, 2026, meeting regarding the potential to add certain additional intent language and clarifications to the moratorium. Staff has added a new paragraph 2.D, which notes the potential impacts to electricity demand caused by Data Centers, if left unaddressed, are at odds with the County’s goals and policies regarding sustainability. Exemptions related to public safety have been clarified to state that the exemption applies only to public safety, emergency communications, or emergency operations facilities “which are owned and operated by a public agency,” which clarifies the intent of the original wording. Privately owned Data Centers which might house computing infrastructure used by public agencies was never intended to be exempted from the moratorium. There had been discussion about adding concerns about the loss of farmland to Section 2. However, given that Data Centers or anything similar to them are not an allowed use on Agricultural or Rangeland zoning districts, staff does not believe that adding this would be necessary or appropriate. Lastly, the redlines of the ordinance do not show the additions and revisions necessary to update the initial moratorium ordinance into one extending the moratorium.
Government Code section 65858 also requires that a report be published ten days prior to any extension of the ordinance, describing the measures taken to alleviate the conditions which led to the adoption of the ordinance. This section of the agenda summary is intended to satisfy this requirement, and this agenda summary and related documents were posted by September 25 at the following website: <https://www.mendocinocounty.gov/departments/planning-building-services/public-noticing>. In the brief window of time the County has had to date to review the matter, Department staff have held a meeting with the ad hoc committee formed on July 7, 2026. Staff and the ad hoc committee discussed the possibility of adding a new Data Center use type that would require a discretionary permit as well as what particular concerns of Data Centers might warrant additional scrutiny or particular findings. Staff continues to review and research these concerns and will discuss potential ordinance language with the ad hoc in the future.
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:
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source of funding: N/A |
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current f/y cost: N/A |
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budget clarification: N/A |
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annual recurring cost: N/A |
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budgeted in current f/y (if no, please describe): N/A |
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revenue agreement: N/A |
AGREEMENT/RESOLUTION/ORDINANCE APPROVED BY COUNTY COUNSEL: Yes
CEO Liaison: Sara McBurney, Deputy CEO
CEO Review: Yes
CEO Comments:
FOR COB USE ONLY
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Executed By: Deputy Clerk |
Final Status: Item Status |
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Date: Date Executed |
Executed Item Type: item |
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