Data centers are not an allowed land use under the City of Modesto Municipal Code; the Municipal Code must be updated to define and authorize the use before a proposal can proceed.

A data center may be built or operated only if its building and land use are specifically allowed in the applicable zoning district; permits cannot be issued for conflicting uses.

If a data center is not expressly listed as a permitted or conditional use, the Director determines the applicable zoning district and use category based on comparable uses, which may require a conditional use permit rather than allowing the use by right.

Where the applicable land-use table marks the use as conditional, the applicant must obtain a conditional use permit.

Any application requires a full environmental review under CEQA.

Any application must be considered by both the Planning Commission and City Council, with formal discussion and public input.

Applicants must pay filing fees for procedures authorized by Title 10, although public agencies are exempt.

Before construction starts, the developer must file complete building plans; obtain building, electrical, plumbing, and mechanical permits; satisfy applicable pre-permit conditions; pay required fees; post required improvement securities; and comply with City environmental-review procedures.

Data center operations may not create an unreasonable amount of off-site noise, odor, dust, mud, vibration, or electrical interference.

Projects must satisfy applicable zoning-district development standards, including setbacks, height limits, landscaping, fencing, design, access, and parking; standards may be more restrictive when the site is adjacent to residential zoning.

If the applicable parking requirement or calculation method is not listed, the Director determines the required parking standard.

Projects in the Airport Zone may be limited by airport height surfaces and may not create electrical interference, glare, impaired visibility, or other aviation hazards; building permits cannot be issued for nonconforming structures or uses.

All development in a Downtown Zone requires Development Plan Review, and Downtown form-based standards supersede conflicting Title 10 requirements.

Development in an SP (Specific Plan) Zone must comply with the applicable adopted Specific Plan’s uses, development standards, and review procedures, which may differ from the general zoning regulations.

Pre-App Express gives developers, designers, and architects a one-stop meeting for preliminary feedback from Building, Planning, Engineering, Parks, Utilities, and Fire before submitting a planning application, potentially simplifying permitting. Meetings are held every other Thursday from 2:00 p.m. to 3:00 p.m. one-stop service for developers

If a data center is not specifically listed as a permitted or conditional use, the Director may determine the zoning district where it is allowed by comparing it with listed uses and consulting reference materials. Uses not specifically listed

Title 10 does not apply to poles, lines, and similar facilities used solely for non-wireless transmission of electricity or communications, simplifying zoning treatment for related infrastructure. The exemption does not cover wireless communications facilities. sole purpose is non-wireless transmission of electricity or communications

In the M-1 and M-2 industrial zones, structures generally have no height limitation, except for restrictions imposed by the Airport Zone or adjacency to a residential zone. there are no limitations on the height of structures

A lawfully established data center that later becomes nonconforming may continue operating. Expansion of less than 20 percent may be approved by the Director, while expansion exceeding 20 percent may be approved through a conditional use permit, subject to impact-related findings. A nonconforming use may be continued

A lawfully established nonconforming data-center structure or site may be maintained and, if damaged or destroyed by accidental or natural causes, reconstructed up to its prior legal nonconforming size, placement, or number of units. Reconstruction must begin within one year and be diligently pursued to completion. may be reconstructed up to the legal non-conforming size

Multiple applications for the same project may be reviewed concurrently by the highest-level reviewing body identified by the Director instead of being handled in separate proceedings.

The Director may grant an administrative exception for a deviation of less than 10 percent from a required development standard if no practical alternative exists, the zone's purpose is not compromised, neighboring properties are not adversely affected, and the project otherwise complies with zoning requirements.

The Director may waive development plan review for qualifying minor modifications, including additions under 10 percent of a structure's floor area, facade changes, concealed changes, and minor site-layout changes, when the project complies with applicable regulations and is exempt from CEQA.

Minor revisions to an approved plan may be approved by the Director or referred to the Board or Commission without a public hearing when they introduce no new uses, do not significantly affect adjacent property, and do not substantially redesign the site.

Development plan review is generally an administrative decision by the Director without a public hearing, although the Director may refer a project to the Planning Commission; projects requiring a mitigated negative declaration or environmental impact report must go to the Planning Commission or City Council.

If a development plan review decision is not appealed within 15 days, the administrative decision becomes final and effective.

The Director may extend the development schedule for an approved project, including within one year after expiration, when there is no substantial change in the project.