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Regbase

The Data Center Divide

Calaveras County

This restriction takes precedence while in effect. The rating below excludes temporary restrictions.

Neutral Data Center Policies

Calaveras County’s temporary countywide moratorium bars data-center approvals and development while local rules are considered; it does not say existing centers must stop operating. Otherwise, centers are classified by similarity and must meet industrial zoning limits.

current law · Unincorporated areas
Applies general zoning rules to data centers, requiring them to qualify as an allowed use in their zone and meet applicable permits and development standards; the code does not specifically mention data centers.Calaveras County Zoning Code (2024)

What this means

The code does not specifically name data centers, so the County would classify them by similarity; industrial zones allow uses such as indoor warehousing and research and development. Development would still need to meet zoning and site standards, including industrial height and floor-area limits, so the effect is a minor added hurdle rather than a ban. Industrial development standards

People behind it

  • Adopted the Calaveras County Zoning Code and is responsible for administering it.

  • Shares responsibility for administering the Zoning Code and provides recommendations on zoning and related amendments.

  • Shares responsibility for administering the Zoning Code, including processing applications and interpreting its provisions.

Restrictions & requirementsHide restrictions & requirements12
  • Data centers are not expressly listed as a use classification. The Planning Director must assign an unlisted activity to a substantially similar classification, and an unlisted use that is not substantially similar to an allowed use is prohibited. Land uses not listed in the tables ... are prohibited

  • No land may be used and no structure may be constructed, occupied, enlarged, altered, demolished, or moved except in compliance with the Zoning Code and any required permit; the Code expressly applies even to temporary or transitory uses. No land shall be used ... except in accordance with the provisions of this Zoning Code

  • A Zoning Clearance is required for buildings or structures that are erected, constructed, altered, repaired, or moved, for use of vacant land, changes in use character, and substantial expansions of uses or buildings that are allowed as of right. The Director must verify compliance before a building permit, grading permit, subdivision approval, or lot-line adjustment is issued. A Zoning Clearance is required for signs, buildings, or structures

  • New construction or additions exceeding 2,000 square feet in Commercial or Industrial Zones require mandatory pre-application review before the project application is processed. Pre-application review is required for all new construction or additions of more than 2,000 square feet

  • All projects must undergo review for compliance with, or exemption from, CEQA, creating an environmental-review step for data-center development. All projects shall be reviewed for compliance or exemption with the California Environmental Quality Act

  • If a data center is classified in an Industrial Zone, industrial development is subject to floor-area-ratio limits of 0.5 with an individual well or on-site sewage disposal system and 0.75 with public water and public sewage disposal, plus a 45-foot maximum building height. Maximum Floor Area Ratio

  • If classified in an Industrial Zone, a data center must meet industrial setbacks: 30 feet from the property line or 60 feet from the road right-of-way or easement centerline for front and street-side setbacks, 20 feet for interior side setbacks, and 30 feet for rear setbacks in M1 and M2 zones or 20 feet in M4. Front ... 30 from property line or 60 from centerline

  • If classified as an Industrial use, required parking is generally one space per 500 square feet of floor area, plus one space per 2,000 square feet of indoor warehousing or storage and outdoor use area; required parking must be installed before a certificate of occupancy is issued. 1 per 500 square feet of floor area

  • Outdoor lighting for a data center must generally be fully shielded or full cut-off, prevent off-site glare, stay below 0.1 foot-candles at property lines, use timing or other controls for nonresidential lighting, and comply with maximum fixture-height limits of 16 feet within or within 25 feet of a Residential Zone and 30 feet elsewhere. The light level at property lines shall not exceed 0.1 foot-candles

  • A discretionary permit cannot be accepted or issued for a parcel with an unresolved noticed land-use, building, construction, or property-development violation unless the Director makes specified findings, including that the project will abate the violations and outstanding fees, penalties, and enforcement costs have been paid or are covered by an approved payment plan. No discretionary permit shall be accepted for processing or issued

  • An approved zoning permit generally expires if it is not validated or extended within two years; validation requires a valid building permit and lawful commencement of construction, or lawful commencement of the use and a business license where no building permit is required. A two-year extension may be available. Any decision to approve a permit under this Title shall automatically expire

  • Projects in mapped overlay zones may face additional constraints: Airport Overflight areas impose air-navigation, glare, visibility, emissions, wildlife-attraction, noise, and height restrictions; Environmental Protection areas require avoidance or mitigation plans; Design Review areas require design review; and Specific Plan areas must comply with the adopted Specific Plan. The standards of this Chapter apply to areas within the Airport Influence Area

Benefits & exceptionsHide benefits & exceptions10
  • The Code provides potential by-right industrial zoning pathways for data centers, depending on how the use is classified: Research and Development is permitted in the M1, M2, and M4 zones, Light Industrial is permitted in all three industrial zones, and indoor warehousing and storage is permitted in those zones. Unlisted uses may be assigned by the Planning Director to a substantially similar classification, while uses that are not listed or substantially similar are prohibited. (industrial land-use regulations)

  • The C2 General Commercial and M4 Business Park zones permit Research and Development, providing additional potential locations for a data center classified as an R&D use. (Research and Development)

  • Industrial development standards allow up to a 0.50 FAR where a site uses an individual well or on-site sewage disposal and up to a 0.75 FAR where public water and public sewer are available, with maximum building heights of 45 feet. These standards can support larger or more intensive facilities, subject to other requirements. (industrial FAR and height standards)

  • Public works and utility facilities are conditionally permitted in the M1, M2, and M4 industrial zones. This provides a zoning pathway for qualifying utility infrastructure serving an industrial data-center project, although a Conditional Use Permit is required and biowaste/biosolids facilities are prohibited. (Public Works and Utilities)

  • Roof-mounted solar systems and ground-mounted solar systems located over parking areas are allowed in all zones without a use permit, which can simplify deployment of on-site energy infrastructure. Ground-mounted systems not over parking require an Administrative Use Permit, and ground systems are limited to 25 feet or the applicable zone height limit, whichever is less. (solar energy systems)

  • A permitted use allowed as a matter of right generally proceeds through a Zoning Clearance rather than a discretionary use permit. The Planning Director issues the clearance when the proposal conforms to the applicable standards, although building, grading, environmental, and other permits may still be required. (Zoning Clearance)

  • For projects requiring multiple permits, related applications may be filed and processed concurrently, and the applications are decided by the highest review authority required for any component. This can coordinate approvals for a large or complex data-center project. (concurrent filing and processing)

  • The County must determine whether an application is complete within 30 days after filing and payment of the required fee. This provides a defined initial completeness-review deadline, although it does not guarantee project approval within 30 days. (30-day completeness review)

  • A Planned Development overlay can provide more flexible, site-specific development standards and coordinated development. It requires at least five acres unless the Board of Supervisors approves a smaller area, adoption of a PD Plan, and consistency with the General Plan; it cannot be applied to GF, TP, A1, or AP zones. (Planned Development flexibility)

  • A development agreement can provide vested development certainty: unless otherwise specified, the County rules and policies in force when the agreement becomes effective govern the project, and the agreement remains enforceable despite later changes to the General Plan, zoning, subdivision, or building regulations. The agreement requires Board of Supervisors approval and does not eliminate the need for later land-use permits. (development-agreement protection against later rules)

Sources

Specific to Calaveras County only.

current law · Unincorporated areas
Prohibits approval or development of data centers in Calaveras County temporarily while the county considers local rules.Calaveras County Urgency Ordinance imposing a temporary moratorium on Data Centers (2026)

What this means

The countywide moratorium would stop approvals and development of data centers while the county considers local rules, making new construction or expansion substantially harder. It is described as temporary, and the notice does not say it would stop existing centers from operating. The moratorium applies to approval or development.

Timing

The sources establish a temporary moratorium on the approval or development of data centers, but do not state an expiration date, ending condition, or extension provision.

People behind it

  • Public agency approving the ordinance and project applicant.

  • Agency identified as carrying out the ordinance establishing the temporary moratorium.

  • Planning Director and lead/public agency contact for the moratorium's Notice of Exemption.

Restrictions & requirementsHide restrictions & requirements1
  • A temporary moratorium on the approval or development of Data Centers applies throughout unincorporated Calaveras County; the measure does not state the moratorium’s duration.

Sources

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