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The Data Center Divide

Marin County

Neutral Data Center Policies

Marin County’s enacted development rules require data center projects to meet zoning, permitting, and development requirements; unlisted uses may need extra review, causing possible costs or delays, especially for subdivisions. They do not specifically target or ban data centers.

current law · Unincorporated areas
Requires data centers in unincorporated Marin County to follow applicable zoning, development, and permitting rules, but sets no data-center-specific requirements.Marin County Municipal Code, Title 22 Development Code

What this means

The measure would require data center projects to follow zoning, permit, and development rules, and an unlisted use may need extra review. These rules could cause some costs or delays, especially for subdivision projects, but they do not specifically target data centers or ban them.

People behind it

  • Adopted the Development Code and its amendments and administers the Code.

  • Recommended adoption of the proposed Development Code amendments and shares responsibility for administering the Code.

  • Prepared, submitted, and requested adoption of the proposed amendments and administers the Development Code.

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  • Administers the Development Code and has authority to interpret its requirements.

  • Administers the Development Code.

  • Moved to adopt Ordinance 3819 amending Marin County Code Title 22 and the Form-Based Code.

  • Seconded the motion to adopt Ordinance 3819 amending Marin County Code Title 22 and the Form-Based Code.

Restrictions & requirementsHide restrictions & requirements14
  • A data-center use not specifically listed as allowable in the applicable zoning district is prohibited unless the Director determines that it is equivalent to an allowed use, does not involve greater activity or population density, fits the district’s purpose, and is consistent with the Countywide Plan. The Director may refer the matter to the Planning Commission for a public hearing.

  • A new data center or related structure may be established only if the use is allowed in the zoning district, satisfies all applicable development standards, and obtains every required land-use approval. Building permits may be issued only after these requirements and any applicable subdivision requirements are satisfied.

  • Nonresidential data-center structures and physical improvements in conventional zoning districts require Design Review. Development in planned zoning districts is generally subject to discretionary Design Review, Site Plan Review, a Master Plan, Precise Development Plan, or Tentative Map requirements.

  • Data-center projects must comply with applicable zoning limits and standards, including lot area, setbacks, height, floor-area ratio, density, lot coverage, parking, grading, stormwater, landscaping, circulation, and architectural-design requirements. Planned districts may establish project-specific limits through discretionary approval.

  • If a data center is classified as a conditional use, it requires a Conditional Use Permit and public hearing. Approval requires findings that the project’s design, location, size, and operating characteristics are compatible with surrounding uses and will not harm public health, safety, welfare, or nearby property.

  • A discretionary data-center application must undergo County environmental review and CEQA review, and the County may require additional information for that review.

  • An alteration, expansion, or modification of an existing data center must comply with current Development Code requirements, including the rules governing nonconforming structures, uses, and lots.

  • New nonresidential data-center floor area is subject to the County’s Jobs/Housing linkage fee, calculated by development type and floor area. The applicant may instead propose providing affordable housing units, subject to County approval; permanently vehicle-parking areas are excluded unless used for commercial or industrial purposes.

  • Data-center structures and uses must provide the minimum required off-street parking and loading spaces and comply with applicable County trip-reduction requirements.

  • Nonresidential data-center projects must provide adequately sized solid-waste and recyclable-material storage areas that meet County requirements for screening, security, accessibility, concrete pads, weather protection, and runoff protection.

  • Utilities serving proposed data-center development must generally be installed underground unless the Director determines that the cost would be so prohibitive as to deny utility service.

  • Discretionary data-center projects must incorporate cost-effective energy- and resource-conservation features and address solar access through studies or other supporting information.

  • Discretionary data-center projects generally require preliminary and final landscaping plans, unless waived by the Director. Landscaping must address visual screening or integration, erosion, water conservation, fire safety, native plants, and tree replacement where applicable.

  • Unless a different period applies, a data-center permit or entitlement expires if it is not vested within three years of approval. Vesting requires obtaining a building or other construction permit and substantially completing improvements, commencing the approved use, or recording a required map. An extension may be granted for up to three years if the permittee acted in good faith and with due diligence.

Benefits & exceptionsHide benefits & exceptions26
  • Commercial and industrial subdivisions are exempt from parkland dedication and in-lieu fee requirements, reducing subdivision costs.

  • The County may require oversized subdivision infrastructure serving property outside the subdivision, but must reimburse the subdivider for the incremental cost of the added capacity.

  • A Parcel or Final Map may be filed before required improvements are complete if the subdivider enters into an improvement agreement and provides security; the agreement may allow phased installation, completion periods, and extensions.

  • The Director may approve an unlisted use as equivalent to a listed use when it has equivalent characteristics, does not involve greater activity or population density, fits the zoning district's purpose, and is consistent with the Countywide Plan. It then receives the listed use's treatment for location, permits, and standards.

  • In the Planned Industrial (IP) district, research and development, warehousing, construction yards, personal storage facilities, commercial solar facilities, and public utility facilities are principally permitted, while most manufacturing and processing uses are conditionally permitted; a data center must qualify under the applicable use classification.

  • Public utility facilities are exempt from County Development Code land-use permits to the extent authorized by state law, although building, grading, and other permits may still be required.

  • The Director may allow above-ground utilities when the cost of undergrounding would be so high that it would deny utility service, providing a cost-based exception for major power or communications infrastructure.

  • Interior remodeling does not require a land-use permit when it does not increase floor area, change the permitted use, or alter the building's exterior appearance; other permits may still be required.

  • Ordinary repairs and maintenance of an existing improvement do not require a land-use permit when they do not change the approved use or expand the improvement, subject to other required permits.

  • Certain irrigation lines, decks, platforms, paths, driveways, similar sitework, and accessibility improvements do not require a land-use permit when they do not increase lot coverage and are no more than 18 inches above grade; other permits may still apply.

  • Solar energy systems do not require a land-use permit when they stay within the applicable height limit or no more than two feet above the building's roof height, whichever is less restrictive; building and other permits may still be required, and special limits apply in the San Geronimo Valley combining district.

  • Electric vehicle charging stations are exempt from Development Code land-use permit requirements, subject to a San Geronimo Valley exception unless state law requires the exemption; other approvals may still be required.

  • Telecommunications facilities are allowed in all zoning districts subject to the Telecommunications Facility Policy Plan and applicable permits. Certain modifications to existing wireless towers or base stations that do not substantially change their physical dimensions do not require discretionary review.

  • A quasi-judicial discretionary permit application generally must receive an initial decision within 60 days after being deemed complete, subject to CEQA and other statutory timelines; the deadline may be extended once for up to 90 days by mutual agreement, and otherwise may be deemed approved under state law.

  • A complete land-use or subdivision application is processed under the Development Code requirements in effect when the application was accepted as complete, protecting the application from later code changes while it is pending.

  • An approved project that has not begun construction may be built as approved if the required building permits are obtained before the land-use permit or approved extension expires.

  • An approved use that does not require construction may still be established under its permit if the permit or approved extension is exercised before it expires.

  • A structure already being constructed under a valid building permit when the Development Code changes does not have to be modified to meet new or different requirements.

  • Most permits and entitlements remain valid for three years when the required construction permit is obtained and the improvements are substantially completed, the approved use begins, or the required map is recorded. The Director may grant up to three additional years when the permittee acted in good faith and with due diligence.

  • A lawfully established existing use is not subject retroactively to new Development Code requirements, although it must continue complying with applicable existing requirements.

  • A legally established nonconforming use may continue, be transferred, or be sold even if later zoning rules prohibit or regulate it differently, but generally may not be enlarged, intensified, or expanded.

  • A legally established use operating under a Use Permit may continue under the original permit's terms even if later Development Code amendments disallow that use.

  • A nonconforming structure damaged or destroyed by a natural disaster or emergency may generally be reconstructed in the same footprint and with its original height, bulk, and floor area without increasing the nonconformity; reconstruction must generally vest within 24 months unless extended.

  • After a proclaimed disaster, the Director may issue a Disaster Recovery License for temporary commercial or institutional facilities in any zoning district, temporarily superseding normal zoning restrictions for up to two years or for the period specified in the license.

  • For a Disaster Recovery License, the Board or Director may temporarily defer, reduce, or waive fees and application materials when necessary to secure disaster-damaged structures or property or protect adjoining property. Regular permits and fees may later be required, and the Director must be notified within 10 days of the work.

  • Essential disaster response and recovery services provided by government or County-coordinated organizations are exempt from Title 22 zoning restrictions and Disaster Recovery License requirements for up to two years after a proclaimed disaster, but only if the data center activity qualifies as an essential service.

Sources

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