Richardson said his intent isn\u2019t to cripple business. He said data centers have become a \u201cspecter\u201d that is getting in the way of businesses moving or developing in Fresno. He said other cities and municipalities that have implemented bans have done this text amendment work in private.<\/p>\n
\u201cIn my opinion, this is a more transparent procedure because we are bringing this conversation for the first time out to the public, so the public can be part of it,\u201d he said.<\/p>\n
Data centers are not currently allowed in the city of Fresno under the current municipal code<\/a>, though some worry that without a specific prohibition, they can still sneak through. The planning director has the discretion to make a determination on land uses not expressly identified as an allowed use, per city rules.<\/p>\n \u201cTech companies are much better at this than we are in finding loopholes to the tax code, to the environmental code,\u201d Councilmember Miguel Arias said.<\/p>\n Councilmembers Brandon Vang and Arias asked for a few amendments to the resolution that would make it clear the ban applied to current land and buildings in the city and future land annexed into the city, citing concerns about the potential for data centers in the proposed southeast Fresno development, south SEDA.<\/p>\n Arias requested that staff notify the city council of any application for a data center \u2014 including for an auxiliary or secondary use of a data center storage system.<\/p>\n City Planning Director Jennifer Clark said there are no current applications for a data center proposed in the city of Fresno.<\/p>\n Several public commenters including \u2014 an environmental group, a doctor, youth advocacy groups and council candidate Ariana Martinez Lott \u2014 praised the city for taking the step to ban data centers, citing concerns over water, noise and air pollution and public health impacts.<\/p>\n Fresno resident Lisa Flores said that City Council members and their staff should also be banned from signing non-disclosure agreements with data center companies, and banned from working for any of these companies after their time at City Hall.<\/p>\n Will all data centers be banned? Or just large ones?<\/p>\n Councilmember Annalisa Perea asked for clarification on whether all data centers would be banned, or just those that meet specific, proposed definitions such as a facility that exceeds two megawatts of energy demand or exceeds 20,000 square-feet<\/a>.<\/p>\n \u201cMy concern is that the way this is currently written is that we\u2019re leaving room for the potential for future data centers to be constructed, so long as they do not meet these certain thresholds,\u201d Perea said.<\/p>\n She asked whether a data center that produces 1.9 megawatts of demand or that are 19,000 square-feet, for example, would be allowed.<\/p>\n \u201cIt\u2019s not exclusive to two megawatts. That\u2019s a really good question,\u201d Clark said. \u201cThis is just typical that they\u2019re characterized by, but that doesn\u2019t mean it\u2019s exclusive to (these definitions).\u201d<\/p>\n \u201cIf we want to say… this is definitely not permitted, and these are permitted or permitted with a conditional use permit, then it would trigger additional review. This would be a prohibition. So once it shows up in the use table, it would be a dashed line,\u201d Clark said.<\/p>\n Next steps for Fresno\u2019s data center ban<\/p>\n Clark said the planning department will develop the text amendment language in accordance with the resolution.<\/p>\n Then, the proposed ban would be taken to the Airport Land Use commission and Planning Commission before it could be brought back to Council. Depending on whether the text amendment requires additional state environmental review, or California Environmental Quality Act, CEQA, it could take anywhere between four and eight months to finalize the text amendment.<\/p>\n \u201cIt is very possible that we could be back in front of you before the end of the year,\u201d Clark said.<\/p>\n
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