Orange County
Slightly Anti-Data Center Policies
Orange County does not specifically classify data centers, so unclear or unlisted uses may need a Use Permit, adding time and cost. Equipment may also need noise controls to meet nearby residential limits; impacts depend on the site.
current law · Unincorporated areasLeaves data centers without specific new rules, while treating buildings with computer servers as communication facilities subject to local zoning.Orange County, California Comprehensive Zoning Code, Table 7-9-34.2 (M1 Light Industrial District)
What this means
The code does not specifically name data centers, and the Director decides how to classify uses that are unclear. Unlisted uses generally need a Use Permit, which can add review time and cost for building or expanding a data center.
People behind it
- County Counsel
Proposed the General Plan Amendment, Zoning Code Amendment, and Zone Change with OC Development Services, and was directed to draft the Secure Gun Storage Ordinance.
- OC Development Services
Proposed the General Plan Amendment, Zoning Code Amendment, and Zone Change with County Counsel.
- Orange County Board of Supervisors
Adopted the Comprehensive Zoning Code and may initiate and adopt amendments to the General Plan, Zoning Code, zoning map, specific plans, and area plans.
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- Orange County Planning Commission
May initiate amendments to the General Plan, Zoning Code, zoning map, specific plans, and area plans, and recommends proposed amendments to the Board of Supervisors.
- Deputy Director, OC Public Works/Manager, OC Development Services, Planning Division (Director)
Maintains and administers the Zoning Code, oversees applications and enforcement actions, and acts as a decision-maker on specified discretionary applications.
- Supervisor Foley
Proposed the Secure Gun Storage Ordinance and directed County Counsel to draft it.
Restrictions & requirementsHide restrictions & requirements14
In unincorporated Orange County, a data center or related structure may not be established, expanded, constructed, altered, moved, maintained, or otherwise changed except in conformity with the Zoning Code, unless authorized as a nonconforming use or by a variance. No uses or structures may be changed except in conformity with the Zoning Code
If a proposed data center is not clearly classified, the Director assigns its use classification. Uses not listed in a district's use table and not substantially similar to a listed use are prohibited; other uses may require a Planning Commission Use Permit. the Director shall assign the land use or activity to a classification
Discretionary permits require an application, prescribed documents, and payment of required fees or deposits before processing begins. All fees and/or deposits shall be paid at the time an application is filed
Discretionary approvals require findings that the project is consistent with the General Plan and Zoning Code, complies with CEQA, is compatible with surrounding uses, protects the general welfare, and meets public-facility requirements. The use or project proposed is consistent with the General Plan
Projects requiring a public hearing must provide notice at least 10 calendar days before the hearing, including mailed notice to owners within 300 feet and publication or posting of notice. Not less than ten (10) calendar days prior to the hearing
Most discretionary permits, other than area plans and reclamation plans, expire after three years unless the project is established. The Director may grant one justified one-year extension if requested and zoning regulations have not changed. For all other discretionary permits: Three (3) years
Nonresidential data center projects must provide required on-site parking, and projects involving receipt or distribution of materials must provide loading spaces based on gross floor area. Parking reductions generally require a separate discretionary permit and may require an independent parking study. The minimum number of off-street parking spaces required
A commercial, industrial, institutional, office, professional, or similar discretionary project estimated to employ 100 or more people must implement transportation-demand measures, including reserved carpool and vanpool spaces, bicycle parking, showers, lockers, commuter information, passenger loading areas, and potentially transit facilities. estimated to employ one hundred (100) or more persons
A Site Development Permit is required for grading exceeding 10,000 cubic yards or exceeding 500 cubic yards on a slope greater than 30%, unless the grading is authorized through specified approvals such as a tentative tract map, Area Plan, Use Permit, or Coastal Development Permit. More than ten thousand (10,000) cubic yards
For non-single-family development, required street right-of-way dedications and improvements may be required before a building permit or zoning-compliance determination, and drainage fees may be required before a building permit or certificate of occupancy when the site is within an adopted master plan of drainage. no building permit and no zoning compliance determination shall be issued
In a Coastal Development District, a data center development project generally requires a Coastal Development Permit before a building, grading, or encroachment permit may be issued, subject to specified exemptions. any person proposing to undertake any development project within the CD District shall obtain approval of a Coastal Development Permit
In Floodplain Overlay Districts, new construction and substantial improvements face additional elevation, anchoring, floodproofing, drainage, and certification requirements; structures or activities that increase flood elevations or related hazards are prohibited. No structure or land shall hereafter be constructed
A building or changed use generally cannot be occupied or operated until the Director issues a Zoning Use Certificate confirming compliance with zoning regulations and any discretionary-permit conditions. No Zoning Use Certificate shall be issued until the Director finds
Zoning Code violations are misdemeanors and may also be treated as public nuisances; civil penalties may reach $2,500 per day, and the County may charge the property owner for abatement costs. The civil penalty shall not exceed twenty-five hundred dollars ($2500.00) for each day
Benefits & exceptionsHide benefits & exceptions11
Facilities located entirely within a building, including communication equipment and storage devices such as computer servers, are classified as communication facilities—facilities within buildings. Source
If a proposed data-center-related use is not clearly classified, the Director may assign it to a substantially similar classification. Uses that are neither listed nor substantially similar may be allowed through a Use Permit if the applicable district permits that process.
Major and minor utility facilities may be approved through Site Development Permit review in the C1, C2, CN, and M1 districts, supporting utility infrastructure for data centers.
The Director must determine whether a discretionary application is complete within 30 days after filing with the required fee or deposit; if no determination is made, the application is deemed complete.
Different permit types may be combined into one application with one application number and one fee when the applicable processing requirements and findings are satisfied.
Most discretionary permits remain valid for three years, with one possible additional one-year extension if requested and justified before expiration and if the zoning regulations and proposed use have not changed.
Qualifying projects may receive parking reductions or use shared parking through a Site Development Permit or a Use Permit to the Zoning Administrator, subject to required findings and, when requested, a parking study. Qualifying categories include infill, historic-structure reuse, shared-parking projects, and projects using transportation-demand-management measures.
A lawfully established use that later becomes nonconforming may continue and may be changed to another nonconforming use with the same or more restricted parking classification. Current zoning generally applies only after the nonconforming use has been discontinued for one year.
Lawfully established nonconforming structures may continue. Repairs or improvements completed within a 12-month period are permitted when they do not exceed 50 percent of the structure's value, and additions or enlargements are allowed when they fully comply with current development standards.
Administrative and professional offices, including technology offices, are generally eligible for Site Development Permit review in the C1, C2, and CN commercial districts, subject to district rules and site review.
In the M1 Light Industrial District, administrative and professional offices, manufacturing or assembly of components or finished products, and mini-storage facilities or warehouses may be approved through Site Development Permit review.
Sources
current law · Unincorporated areasRestricts noise from data centers in unincorporated Orange County when it exceeds residential limits—55 dB(A) during the day and 50 dB(A) at night, subject to duration rules.Orange County Codified Ordinances, Division 6, Section 4-6-5 (Exterior Noise Standards)
What this means
The measure could add modest costs for sound controls because data center equipment, such as generators and air-conditioning systems, may have to meet residential noise limits. Some construction noise is exempt only during specified hours, including weekday daytime hours. These rules do not ban data centers, and their practical impact depends on the site and nearby homes.
People behind it
- Orange County Sheriff
Directed to enforce the noise-control provisions.
- County Health Officer
Directed to enforce the noise-control provisions.
- County Building Official
Directed to enforce the noise-control provisions.
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- Orange County
The governmental entity that adopted and administers the noise-control ordinance.
Restrictions & requirementsHide restrictions & requirements7
Operation of data-center equipment that creates noise—including fixed equipment such as generators, fans, compressors, air-conditioning, or refrigeration equipment—must not cause exterior noise at another residential property to exceed 55 dB(A) from 7:00 a.m. to 10:00 p.m. or 50 dB(A) from 10:00 p.m. to 7:00 a.m. The ordinance also limits louder noise for specified cumulative periods, including noise exceeding the standard by 20 dB(A) for any period.
Noise measured inside another residential dwelling unit must not exceed 55 dB(A) from 7:00 a.m. to 10:00 p.m. or 45 dB(A) from 10:00 p.m. to 7:00 a.m., subject to stricter cumulative-duration limits for louder noise.
Exterior and interior limits are reduced by 5 dB(A) when the noise consists entirely of impact noise, simple-tone noise, speech, music, or a combination of those sounds.
Construction, repair, remodeling, or grading for a data center is exempt from the noise restrictions only when performed between 7:00 a.m. and 8:00 p.m. on weekdays, including Saturday. Such activities are not exempt between 8:00 p.m. and 7:00 a.m. on those days or at any time on Sunday or a federal holiday.
Maintenance of data-center real property is exempt only from 7:00 a.m. to 8:00 p.m. on days other than Sunday or a federal holiday, and from 9:00 a.m. to 8:00 p.m. on Sundays and federal holidays.
Noise measurements must use a specified sound-level meter, with exterior measurements taken on the affected property and interior measurements taken inside the affected dwelling unit at least four feet from the nearest wall, ceiling, or floor.
A violation is a misdemeanor, and each day that a violation is committed or allowed to continue is a separate offense.
Benefits & exceptionsHide benefits & exceptions4
Construction, repair, remodeling, and grading noise is exempt from the County's noise rules, allowing data-center construction activities, provided they do not occur between 8:00 p.m. and 7:00 a.m. on weekdays (including Saturday), or at any time on Sunday or a federal holiday. construction activities are exempt
Noise from property-maintenance activities is exempt when conducted from 7:00 a.m. to 8:00 p.m. Monday through Saturday, or from 9:00 a.m. to 8:00 p.m. on Sundays and federal holidays, which can facilitate qualifying maintenance of a data-center site. maintenance of real property
Mechanical devices, apparatus, or equipment used, related to, or connected with emergency machinery, vehicles, or work are exempt from the noise rules, subject to the definition of emergency work as efforts to protect, provide, or restore safe community conditions or restore utility service. emergency machinery, vehicle or work
Noise regulation is exempt to the extent that regulation has been preempted by state or federal law, protecting qualifying data-center activities from conflicting County noise requirements. preempted by State or Federal law
Sources
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