Loading map…
Regbase

The Data Center Divide

Merced County

Anti-Data Center Policies

Merced County’s zoning rules do not clearly list data centers as an allowed use, so the County Director may need to decide whether they fit another category before approval, potentially causing delays; this is not an outright ban.

current law · Unincorporated areas
Requires data centers to be in zones where they’re allowed, get required permits, undergo environmental review, and meet local development standards.Merced County Zoning Ordinance (Title 18, Ordinance 1976)

What this means

Data centers are not clearly listed as an allowed use, so the County Director may have to decide whether they fit another category before they can be approved. That uncertainty could add delays and make projects harder, but it is not an outright ban.

People behind it

  • Proposed the ordinance amending Ordinance No. 1925 to establish ambulance-service exclusive operating areas and regulate ambulance and convalescent transport providers.

  • Presented the proposed Title 18 zoning ordinance and processes land-use, development, and subdivision applications under the Zoning Code.

  • Recommended adoption of the proposed Title 18 zoning ordinance and may initiate Zoning Code and Zoning Map amendments.

Show 3 more peopleShow fewer people
  • Introduced and considered the proposed ordinances, scheduled subsequent readings and possible adoption, and holds final legislative authority to initiate and adopt Zoning Code and Zoning Map amendments.

  • May propose Zoning Code and Zoning Map amendments and administers application-processing and implementation procedures under the Zoning Code.

  • Administers and interprets the Zoning Code and oversees specified permit and enforcement decisions.

Restrictions & requirementsHide restrictions & requirements31
  • Data centers are not specifically listed as allowable uses. An unlisted use is prohibited unless the Director determines it is equivalent to a listed use, has no greater impacts or intensity, fits the zone's purpose, is General Plan-consistent, and is not allowed in another zone. Uses not classified

  • Data centers must comply with the applicable base-zone standards, the General Plan, and any applicable community or specific plans; the County may not issue approvals for violations, and approvals issued in error are void. General Plan consistency is required

  • Before construction or operation, applicants must obtain all required County, regional, state, and federal permits and approvals, including applicable building, grading, subdivision, and other permits. Additional permits may be required

  • A Zoning Clearance is required before initiating a use, obtaining a building or grading permit, changing a use, changing a tenant or owner, or obtaining a County business license. Zoning-clearance prerequisites

  • Construction, additions, alterations, reconstruction, or remodeling may require a Zoning Clearance or Site Plan and Design Review even for a use allowed by right. A data center requiring an Administrative Permit or Conditional Use Permit must obtain that additional approval. Permit requirement where construction is involved

  • Administrative Permit review may involve staff, Director, Hearing Officer, Planning Commission, or Board review. Higher review levels require public hearings, and the Director may refer a project to a higher authority because of controversy or policy issues. Administrative Permit review has four possible levels

  • A Conditional Use Permit must be decided by the Planning Commission after a public hearing, and the decision may be appealed to the Board. Conditional Use Permits require Commission review and a public hearing

  • New nonresidential buildings and significant additions or site improvements require Site Plan and Design Review; the Director determines whether improvements are significant, and that determination may be appealed. Nonresidential projects may require Design Review

  • Design Review may impose requirements for building compatibility and design, screening of roof-mounted equipment, landscaping, lighting, parking and loading, signs, pedestrian facilities, utilities, and crime prevention. Design Review standards cover these site and building features

  • If classified as an industrial use, a data center must meet the applicable industrial-zone standards, including minimum newly created parcel sizes of 8,000 square feet in BP and 10,000 square feet in M-1 and M-2, front setbacks of 15 feet, street-side setbacks of 10 feet, maximum heights of 30 feet in BP and 75 feet in M-1 and M-2, and maximum structure coverage of 80 percent. Industrial zone development standards

  • Industrial projects must provide off-street parking, generally at one space per 1,000 square feet of gross floor area plus one space per facility vehicle. Industrial uses between 3,000 and 20,000 square feet require one truck space, and larger uses require two; truck spaces must be at least 75 by 20 feet with 14 feet of clearance. Industrial parking requirements

  • Industrial facilities must provide on-site loading areas based on floor area: none below 3,500 square feet; one from 3,500 to 40,000 square feet; two from 40,001 to 80,000; three from 80,001 to 100,000; four from 100,001 to 160,000; and five above 160,000 square feet. Loading requirements

  • Required parking, loading, circulation areas, and driveways must be provided before building, occupancy, or permit issuance, and required parking must remain available and maintained for the use it serves. Parking applicability

  • Projects must meet performance standards for air emissions, dust, hazardous materials, noise, odor, lighting, vibration, heat, glare, electrical disturbance, and wastewater. Businesses handling or storing hazardous materials must file a Hazardous Materials Business Plan with County Environmental Health before operating. Hazardous-material requirements

  • Equipment noise generally may not exceed 65 dBA Ldn and 75 dBA Lmax at a property line next to residential property, or 70 dBA Ldn and 80 dBA Lmax otherwise. Construction in or adjacent to urban areas is limited to 7:00 a.m. through 6:00 p.m. on weekdays, with weekend and holiday construction generally prohibited. Noise standards

  • Exterior and security lighting must contain glare and reflections within the parcel, be hooded, and point downward and away from adjoining properties and public rights-of-way; blinking, flashing, and unusually high-intensity lights are prohibited. Outdoor-lighting requirements

  • Nonresidential projects must provide landscaping and screening, including front-setback landscaping in industrial zones, screening of outdoor storage and utility areas visible from public rights-of-way, and parking-lot landscaping when uncovered parking exceeds 3,600 square feet. Landscape requirements

  • In urban community areas, solid-waste and recycling enclosures must be provided and shown on the plot plan. They generally require a six-foot solid fence or wall on three sides and a solid gate at least five feet high, with collection access arranged so vehicles do not have to back up. Solid-waste storage requirements

  • Development in a special flood hazard area requires a floodplain development permit before construction, plus site, elevation, foundation, drainage, and utility information. New or substantially improved structures must meet anchoring, flood-resistant construction, elevation, floodproofing, and certification requirements. Floodplain permit requirement

  • The County must conduct CEQA review after an application is complete and may require an exemption, Negative Declaration, Mitigated Negative Declaration, or Environmental Impact Report. Special studies may also be required and must be paid for in advance by the applicant. CEQA review and applicant-funded special studies

  • Applications are not complete and processing cannot begin until required fees or deposits are paid. Fees are based on County processing costs and may be higher for complex projects requiring a higher level of approval. Fees must be paid before processing begins

  • The Director must determine application completeness within 30 calendar days. If incomplete, the applicant generally has 14 days to provide information; failure to respond within 60 days, or a shorter period set by the Director, causes the application to expire and be deemed withdrawn. Completeness deadlines and application expiration

  • Projects requiring multiple approvals generally must file the applications together and are decided by the highest Review Authority required for any component; a project combining a Zoning Map Amendment and Conditional Use Permit, for example, is decided by the Board. Concurrent filing and highest-authority review

  • A rezoning or Zoning Map Amendment requires Planning Commission review and recommendation, followed by a Board public hearing and ordinance. It must be General Plan-consistent and becomes effective on the 31st day after adoption. Zoning Map Amendments require Commission and Board action

  • Permits and approvals generally must be exercised within 12 months, unless a different period of up to 24 months is imposed. Construction stopping for at least 180 days causes expiration, and the Director may grant up to two additional 12-month extensions if required findings are made. Permit expiration and extension limits

  • The Review Authority may impose conditions and, when justified by public health, safety, or welfare, require financial security to ensure compliance; the County may use the security and recover additional costs if conditions are not performed. Performance guarantees may be required

  • Permit applications generally may not be accepted or processed for parcels with unresolved Zoning Code violations unless the requested approval corrects the violation. Existing violations can block applications

  • A Planned Development Permit used to modify development standards generally requires at least five acres, or at least one acre in an area designated for residential or mixed use. It may not authorize uses prohibited by the base zone or increase density or intensity except through the separate affordable-housing density-bonus process. Planned Development Permit limits

  • In a Planned Development zone, development requires a conceptual master plan submitted with a zone-change application, approval by the Planning Commission and Board, and later approval of a development plan and Administrative Permit. Master-plan approval lasts two years, with extensions of up to three additional one-year periods.

  • In the Castle Commerce Center and Airport Special Planning Zone, projects undergo initial screening by the Castle Development Coordinator and review for consistency with the General Plan, zoning code, Castle plans, the Special Planning Zone, applicable environmental documents, and the required permit process.

  • Subdivisions associated with a data center must meet the applicable minimum parcel-size requirements, other Zoning Code requirements, and County Code Title 17.

Benefits & exceptionsHide benefits & exceptions29
  • An unlisted data-center use may be approved by the Director without a zoning amendment if its characteristics and impacts are equivalent to an allowed use, do not exceed that use’s activity, density, intensity, emissions, noise, odor, parking, or traffic impacts, fit the zone’s purpose, are consistent with the General Plan or applicable community plan, and are not listed as an allowed use in another zone. Director’s determination

  • The Business Park zone allows offices by right and is intended for research and development, professional offices, light manufacturing, and related warehouse and distribution activities, providing a zoning pathway for data centers that qualify as those uses. The B-P zone permits offices by right.

  • The M-1 and M-2 industrial zones provide locations for research and development, offices, light manufacturing, warehousing, manufacturing, storage, and related supporting activities, with permit requirements varying by use and zone. industrial-zone purposes

  • Within the Castle Commerce Center and Airport Special Planning Zone, offices of 5,000 square feet or less, research-and-development offices, and accessory offices are permitted in the Business Park zone, providing an expedited zoning option for projects that qualify as those uses. Offices and research and development offices

  • The Castle Commerce Center and Airport Special Planning Zone requires an expedited project schedule after an application is accepted and prioritizes projects for processing within the Castle Urban Community. The applicant shall be provided with an expedited project schedule.

  • The Castle Special Planning Zone permits manufacturing plants, warehousing, wholesale and distribution, truck or vehicle storage, and ground transportation by rail and truck in applicable zones, which may support qualifying data-center campus or equipment operations. Manufacturing Plants, Warehousing, and Wholesale and Distribution

  • Certain industrial uses are allowed by right or through administrative approval rather than a Conditional Use Permit, including offices and medical laboratories in the Business Park zone and specified office, manufacturing, storage, and related uses. A data center must qualify as a listed use or receive approval as an equivalent unlisted use. industrial use permit categories

  • Industrial-zone standards allow structures up to 75 feet in the M-1 and M-2 zones and permit up to 80 percent structure coverage in the listed industrial zones, subject to other requirements. industrial development standards

  • The height limit may be exceeded by up to 25 percent for certain structures, including mechanical equipment, distribution and transmission towers, water tanks, and similar structures, subject to the applicable zone and review authority. height increase for mechanical equipment

  • Parking requirements may be reduced when a parking-demand study shows the use will not need the otherwise required spaces. Shared or joint-use parking may also satisfy requirements if distance, operating-hour, covenant, and recording conditions are met. parking-demand reduction

  • A qualifying commercial development that partners with a housing developer to provide affordable housing may receive up to a 20 percent increase in General Plan intensity, floor-area ratio, or height; up to a 20 percent parking reduction; an elevator exception; or another zoning exception. The project must meet the Code’s affordable-housing percentages and construction-agreement conditions. commercial development bonus

  • A qualifying Planned Development Permit may modify standards for building envelopes, height, setbacks, landscaping, parking, open space, street layout, and similar requirements. The project must meet location and minimum-size requirements, may not add uses prohibited by the base zone, and generally may not increase density or intensity except under affordable-housing density-bonus rules. Planned Development Permits may modify development standards

  • The Planned Development zone allows customized parcel areas, setbacks, coverage, structure heights, open-space standards, mixed uses, and other deviations from conventional zoning requirements when justified by public benefits and approved through the master plan. Other standards and guidelines may be approved by the Commission and Board.

  • A Planned Development development plan may be approved administratively when it conforms to the approved master plan, avoiding a new Commission hearing unless the Director finds a conformity issue or sufficient controversy. A development plan may be approved by the Director through an Administrative Permit.

  • Planned Development master-plan and development-plan approvals are initially valid for two years, with extensions of up to three additional years in one-year increments if the stated requirements are met. Extensions of time up to three additional years

  • Agricultural zones permit on-site energy-generation facilities, wind farms, and biomass-fuel manufacturing by right when the energy is used on site; off-site energy use requires a Conditional Use Permit. On-site energy use is permitted by right

  • A Board-approved development agreement can preserve the use, density, design, improvement, and construction standards in effect when the agreement is executed; later rules apply only if they do not conflict with the agreement. Development agreements can preserve the rules in effect when the agreement is executed

  • A development agreement may protect a project from a future growth-control ordinance or future increases in development or impact fees, but the protection is discretionary and must be included in the approved agreement. A development agreement may protect against future growth controls or increased development and impact fees

  • Multiple applications for the same project must be filed and processed concurrently, with the highest designated Review Authority deciding all applications, consolidating review for projects requiring several approvals. Multiple applications must be filed and processed concurrently

  • The Director may approve minor changes to an approved permit’s site plan, architecture, or use without a new full approval if the changes remain consistent with the original approval, do not expand or intensify the project, do not affect environmental findings or approval conditions, do not create a significant environmental effect, and are not materially detrimental to nearby properties. Minor changes may be approved by the Director

  • Approved Administrative Permits, Conditional Use Permits, Planned Development Permits, Site Plan and Design Reviews, Temporary Use Permits, Variances, and specified modifications generally run with the land through a change of ownership, subject to expiration and other Code requirements; approval conditions continue to apply. Approved permits generally run with the land

  • A Temporary Use Permit may authorize an off-site contractor construction, staging, or storage area for up to 180 days, with extensions in 180-day increments subject to Director approval or until the related Building Permit expires. Temporary off-site contractor staging or storage may be permitted for up to 180 days

  • Temporary work trailers and portable classrooms, offices, or similar structures may be approved for up to 12 months in commercial, industrial, and mixed-use zones. Temporary work trailers and portable structures may be approved for up to 12 months

  • The Director may grant up to two additional one-year permit extensions without a required public hearing if the request is filed at least 30 days before expiration, no changed circumstances or law prevent the original findings, and an applicant-caused hardship requires the extension. Permit expiration periods may be extended by up to two additional 12-month periods

  • A complete planning-permit application accepted before a zoning amendment takes effect is processed under the requirements in effect when it was accepted. accepted as complete

  • A project with an earlier building permit may continue and be completed under its approved plans if substantial construction, as determined by the Director, occurred before the new code or amendment took effect. substantial construction

  • Vested land-use development permits, approvals, and agreements authorized under prior ordinances or resolutions are not terminated or otherwise affected by enactment of the Zoning Code. vested land use development permits

  • A lawfully established data-center use is not subject to retroactive application of the zoning code or an amendment, except under the Code’s nonconformity rules. not retroactive

  • A lawfully established nonconforming use may continue after later zoning changes, and a change in ownership or management does not by itself eliminate that status. Protection is lost after 180 days of continuous cessation or discontinuance, and expansions or modifications must comply with current requirements. continuation of nonconforming uses

Sources

Data provided by Regbase · Cookie preferences · Report missing data