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The Data Center Divide

Contra Costa County

Slightly Anti-Data Center Policies

California’s enacted statewide action concerns consolidating two state data centers. Upcoming rules would add water and energy reporting, environmental review, and potential utility costs for some facilities, without generally banning data-center development.

Rating and summary from California statewide as there are no scored current or future laws outside temporary restrictions for Contra Costa County.

current law · Unincorporated territory
Applies the county’s general zoning rules to data centers in unincorporated areas, but sets no data-center-specific requirements.Contra Costa County Code Title 8 Zoning

People behind it

  • Adopted the zoning plans and regulations for the unincorporated territory of the county.

  • Prepared precise plans and made recommendations to the Board of Supervisors after public hearings.

Restrictions & requirementsHide restrictions & requirements5
  • Data-center uses and structures in unincorporated Contra Costa County must be authorized under Title 8; unauthorized uses or noncompliant buildings are unlawful and a public nuisance. Permit conditions must also be followed, and the County may pursue any remedy allowed by law for violations. Division 82 and 84 apply to all private and public land uses in the unincorporated territory.

  • Drainage facilities required for a data-center development must be installed under a permit, and the application, plans, and exhibits must comply with the County's drainage standards and zoning requirements. Drainage facilities shall be installed under a permit.

  • Required water-supply and sewage systems or facilities for a permitted data-center use, construction, structure, or other development must comply with specified County health and sanitation chapters and receive health-officer approval. Water supply and sewage systems and facilities required for any use must meet those requirements.

  • Structures are subject to the height limits established for their zoning district under Division 84. Exceptions include listed structures and equipment such as chimneys, towers, water tanks, and necessary mechanical appurtenances; otherwise conforming parapets or fire walls may be up to three feet higher. The limits of heights of structures established in Division 84.

  • A data-center project involving hazardous waste or hazardous materials is subject to the additional requirements of Chapter 84-63. Development projects involving hazardous waste and hazardous materials are subject to Chapter 84-63.

Benefits & exceptionsHide benefits & exceptions4
  • Rights-of-way for public utilities and publicly owned utilities, and privately owned pipelines carrying oil, gas, water, or other pipeline-transportable substances, are generally not regulated or restricted by the zoning divisions. Related utility and pipeline structures are also generally exempt, except for setback requirements. See the utility and pipeline exemption

  • District height limits do not apply to necessary mechanical appurtenances attached to otherwise conforming buildings, allowing qualifying equipment associated with a data center to exceed ordinary height limits. Parapets or fire walls may also extend up to three feet above the applicable limit. See the height-limit exceptions

  • Drainage facilities may be installed through a permit issued under the zoning title, provided the submitted applications, plans, and exhibits comply with the county's drainage design standards and applicable zoning requirements. This provides a defined permitting route for required site drainage. See the drainage-facility permitting requirement

  • Water-supply and sewage systems or facilities required for a permitted use, construction, structure, or development may be established when they comply with the specified county health-code chapters and receive health-officer approval. This establishes the conditions for operating development-dependent water and sewer infrastructure. See the water and sewage requirements

Sources

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