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Regbase

The Data Center Divide

Monterey County

Neutral Data Center Policies

Monterey County’s noise rules limit data-center equipment noise in unincorporated areas, with stricter nighttime limits and an exemption for equipment over 2,500 feet from occupied homes.

current law · Unincorporated areas
Does not specifically regulate data centers; it sets licensing, permitting, and operating rules for vacation rentals in unincorporated Monterey County.Monterey County Code Title 21 — Inland Zoning Ordinance

What this means

The proposal regulates vacation rentals, not data centers; it applies to short-term lodging in residential property and says rentals are only allowed in single-family dwellings. It therefore has no meaningful stated effect on building, expanding, or operating data centers.

People behind it

  • Developed the draft vacation-rental ordinances, prepared the staff recommendation, and would administer the Vacation Rental Operation License.

  • Prepared the staff report and draft measure materials as the identified associate planner.

  • Approved the staff report as Acting Chief of Planning.

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  • Approved the staff report as HCD Director.

  • Considered and recommended the vacation-rental ordinances and related environmental findings to the Board of Supervisors.

Restrictions & requirementsHide restrictions & requirements1
  • Development of a data center on farmland in the inland unincorporated areas of Monterey County must comply with new Chapter 21.92 farmland-mitigation requirements, creating an additional mitigation obligation for construction or expansion on covered farmland.

Sources

current law · Unincorporated areas
Limits noise from data centers in unincorporated Monterey County: equipment may not exceed 70 dBA measured 50 feet away, and nighttime noise from 9 p.m. to 7 a.m. must meet stricter limits.Monterey County Code Chapter 10.60 — Noise Control

What this means

The measure would require data centers in unincorporated areas to keep equipment noise below 70 dBA measured at least 50 feet away, with stricter nighttime limits that could mean added sound-control costs. It does not prohibit building or operating data centers, and equipment more than 2,500 feet from an occupied home is exempt from the all-day device limit.

People behind it

  • Introduced and adopted the ordinance. The Board introduced and waived reading of the ordinance.

  • Coordinates with the Sheriff’s Office on noise complaints and compliance matters. HCD coordinates with the Sheriff’s Office on noise complaints.

  • Coordinates with HCD on noise complaints and compliance matters. HCD coordinates with the Sheriff’s Office on noise complaints.

Restrictions & requirementsHide restrictions & requirements3
  • In the unincorporated county, noise from operating, assisting with, allowing, or causing the operation of machinery or devices must not exceed 70 dBA measured 50 feet or more from the source. Aircraft and equipment operated more than 2,500 feet from an occupied dwelling are excepted. 70 dBA measured fifty feet or more

  • From 9:00 p.m. to 7:00 a.m., loud and unreasonable sound is prohibited. This includes sound plainly audible at least 50 feet from its source or sound exceeding nighttime limits of 45 Leq dBA hourly equivalent or 65 dBA maximum. Exceptions include specified religious uses, permitted events at commercial or institutional premises, emergencies, and commercial agricultural operations (but not activities at farm-related housing). nighttime restrictions and standards

  • Noise violations may result in an administrative citation: ordinarily, an officer gives a verbal warning first and may cite within 72 hours; if the responsible person has already received at least two warnings within 90 days, a citation may be issued without another warning. Maximum fines are $500 for a first violation, $1,000 for a second violation within 12 months, and $2,000 for a third or subsequent violation within 12 months; each hour a violation continues is a separate offense. warning, citation, and fine provisions

Sources

current law · Unincorporated areas within the coastal zone
Leaves data centers unaddressed; the law regulates commercial cannabis activities in the coastal zone.Monterey County Code Title 20 — Coastal Implementation Plan

What this means

The measure regulates commercial cannabis activities and their permits, not data centers; it does not appear to change the rules for building, expanding, or operating data centers. It therefore has no meaningful effect on data centers within its scope (commercial cannabis activities).

People behind it

  • Adopts the ordinance, establishes the coastal cannabis regulations, and takes final action after Coastal Commission review.

  • Conducts the required public hearing and makes a recommendation to the Board of Supervisors on the proposed Local Coastal Program amendment.

  • Reviews and certifies the Local Coastal Program amendment and confirms the County’s subsequent action.

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  • Receives and processes Coastal Development Permit applications and administers permitting and enforcement under the ordinance.

  • Certifies the results of any voter-approved County cannabis tax, which is a condition for the chapter’s operative date.

Sources

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