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The Data Center Divide

Placer County

Neutral Data Center Policies

Placer County requires new data centers to use Tier 4 Final backup generators and meet noise limits near sensitive properties, which can add costs. Zoning also imposes some setbacks and fire-safety rules, though approved projects get more time to start.

current law · Unincorporated areas
Revises zoning and development rules that may apply to data centers, including industrial-site setbacks, coverage, and height, but does not specifically regulate data centers.Placer County Zoning Ordinance, Article 17.40 (Industrial (IN) District)

What this means

The measure adds some development constraints, including road-related setback requirements and fire-safety rules for larger lots, which could add cost or limit site layouts. It also gives approved projects more time to get underway—36 months instead of 24—so the overall effect on data centers appears minor and somewhat restrictive.

People behind it

  • Reviewed and adopted the zoning ordinance amendments.

  • Reviewed the proposed amendments and made recommendations to the Board of Supervisors.

Restrictions & requirementsHide restrictions & requirements10
  • In the Industrial (IN) district, new development is limited to 60% site coverage and a 50-foot maximum height; design review may also impose landscaping requirements that require additional building setbacks. The IN standards apply to data-center development located in that district.

  • In the Industrial Park (INP) district, new development must generally provide a 30-foot front setback, 15-foot street-side and side setbacks, a 10-foot rear setback, no more than 50% site coverage, and a 50-foot maximum height. A 50-foot setback is required where a side or rear lot line abuts residential zoning. The INP standards create these dimensional limits.

  • In the Business Park (BP) district, no more than 75% of the site may be covered by buildings, parking, or paving, with the remainder maintained as open space or specified landscaped, drainage, wetland, or wildlife areas. The district also requires a 125-foot setback along a primary frontage, 50-foot setbacks along other street-side and side boundaries, and generally a 50-foot rear setback next to noncommercial zoning. The BP requirements restrict the developable area of a data-center site.

  • BP street-side and side setbacks must accommodate 20 feet of landscaping and large-vehicle circulation, and may be increased to 100 feet where the site adjoins residential or other land uses deemed incompatible by the applicable review body. The setback exception can substantially reduce the buildable area.

  • Required setbacks can include additional setbacks for watercourses, roads identified in the county highway deficiency report and countywide capital improvement program, structures on the same site, and other circumstances. Permanent streams and man-made canals generally require a 100-foot setback, while intermittent streams, ponds, and lakes generally require 50 feet. These requirements can limit placement of data-center buildings and related infrastructure.

  • On parcels of one acre or larger, applicable California Board of Forestry Fire Safe regulations must be met, generally requiring 30-foot side and rear setbacks unless an authorized reduction applies. The ordinance permits the planning director to approve a reduction only after prior approval from the California Department of Forestry and Fire Protection or the applicable local fire agency.

  • Parking areas or driveways serving garages or carports must provide at least 20 feet between the public or private roadway or driveway and the face of the garage or carport, measured from the back of a sidewalk where applicable. The parking rule adds a site-design requirement to projects with such facilities.

  • A discretionary administrative review permit, minor use permit, conditional use permit, or variance must generally be implemented within 36 months of its effective date, or it expires. Implementation requires satisfaction of prerequisite conditions and, where construction is involved, issuance of required building or grading permits and an approved foundation inspection. The permit-expiration rule creates a time limit for starting an approved data-center project.

  • An extension of the 36-month implementation period may be granted for a total of no more than six years, with mailed notice to prior hearing participants and a hearing if objections are filed. The extension procedure adds procedural requirements and potential delay for projects that cannot begin construction on time.

  • Outdoor storage accessory to a commercial or industrial use must be screened when applicable, cannot be located within a front or street-side setback, and must comply with the zone's structural setbacks. This restricts placement of exterior equipment, materials, generators, or other data-center-related storage areas.

Benefits & exceptionsHide benefits & exceptions6
  • In the Industrial (IN) district, development may have up to 60% site coverage and buildings up to 50 feet tall; no front, side, or rear setback is generally required, and the street-side setback is 0 feet, subject to roadway, residential-frontage, design-review, and other applicable requirements. Industrial district standards

  • In the Industrial Park (INP) district, development may have up to 50% site coverage and buildings up to 50 feet tall, with relatively limited minimum setbacks of 30 feet front, 15 feet street-side and side, and 10 feet rear; larger setbacks or residential-frontage rules apply in specified circumstances. Industrial Park standards

  • For IN and INP projects, parking structures are excluded from lot-coverage calculations if total coverage does not exceed 75% and at least 15% of the site is devoted to landscaping, allowing additional structured parking without counting it fully toward coverage limits. Parking-structure coverage exception

  • An approved administrative review permit, minor use permit, conditional use permit, or variance generally remains valid for 36 months before implementation is required, rather than 24 months, giving large projects more time to obtain required building or grading permits and complete foundation inspections. Thirty-six-month implementation period

  • The implementation period may be extended for a total of up to six years, subject to the applicable extension process, notice, objections, and findings such as diligent pursuit and no changed circumstances that would justify denial. Extensions of time

  • Once an approved permit is implemented, it generally remains valid, runs with the land, and continues with its conditions of approval, protecting an operating data-center use from having to reapply solely because the property changes ownership; it can lapse if construction stops after the construction permit expires, the use is discontinued for the specified period, or an approved time limit expires. Permit runs with the land

Sources

current law · County measure
Requires new data centers to use Tier 4 Final certified diesel engines for emergency backup generators, which produce less air pollution.Placer County Air Pollution Control District Policy 5H — Diesel-Fired Emergency Generator Engines at New Data Centers

What this means

The policy would require Tier 4 Final diesel backup generators for all new data centers, adding an equipment requirement and potentially higher costs; the packet estimates the cost difference for larger generators at about 20% (cost difference). It does not ban data centers, and engines not used for data center operations are exempt if they meet other requirements, so the practical impact is a meaningful but limited barrier (exempt engines).

People behind it

  • Air Pollution Control Engineer who prepared the proposed Policy 5H and recommended its approval.

  • District staff who proposed the policy and recommended requiring Tier 4 Final certified diesel-fired emergency generator engines at new data centers.

  • Agency that adopted Policy 5H and is responsible for applying it to Authority to Construct applications for new data centers.

Restrictions & requirementsHide restrictions & requirements2
  • New data centers seeking Authority to Construct approval for diesel-fired emergency generators must use Tier 4 Final certified engines of all rated sizes, at the APCO’s discretion.

  • Diesel engines at the same facility that are not used for data-center operations, including computing or cooling, are exempt from the Tier 4 Final requirement only if they meet at least Tier 3 standards and undergo an AB 2588 air-toxics analysis.

Benefits & exceptionsHide benefits & exceptions1
  • Engines at a data-center site that are not used for data-center operations, including computing or cooling, are exempt from the Tier 4 Final requirement. They may meet Tier 3 standards instead, provided they also undergo the required AB 2588 air-toxics analysis.

Sources

current law · County measure
Limits data-center noise near sensitive properties to county standards—generally 55 dB by day and 45 dB at night—or ambient noise plus 5 dB, whichever allows more sound.Placer County Code, Chapter 9, Article 9.36 — Noise

What this means

The measure could add modest sound-control costs for data centers because equipment noise must meet limits near sensitive properties, including lower nighttime limits (45 dB hourly average at night). Construction is exempt during specified daytime hours, and noise exceptions can be requested, so the rules do not appear to create a major barrier to building or operating a facility (construction hours; exceptions).

People behind it

  • Introduced, enacted, and adopted the ordinance adding Article 9.36 to the Placer County Code.

  • Administers noise exceptions, appoints hearing officers, and coordinates appellate hearings under the article.

  • Administers enforcement of the noise article, including warnings, administrative citations, and fines.

Restrictions & requirementsHide restrictions & requirements9
  • A data center's equipment and other sound sources may not cause exterior noise at an affected sensitive receptor's property line to exceed the ambient sound level by more than 5 dBA or exceed the applicable Table 1 limits, whichever is greater. The limits are 55 dB hourly Leq and 70 dB maximum during the day, and 45 dB hourly Leq and 65 dB maximum at night. Sound limits for sensitive receptors

  • Noise consisting of simple tones, including speech or music, is subject to limits reduced by 5 dB, although the applicable limit may not be lower than ambient sound plus 5 dB. Reduced limits for simple tone noises

  • Construction, alteration, or repair of a data center is exempt from the noise provisions only during specified hours: 6 a.m. to 8 p.m. Monday through Friday, and 8 a.m. to 8 p.m. on Saturday and Sunday. Construction equipment must have factory-installed mufflers and be maintained in good working order. [Construction-hour and equipment requirements](https://ecode360.com/43585728#:~:text=Construction%20(e.g.,construction%2C%20alteration%20or,maintained%20in%20good%20working%20order)

  • Noise measurements must use an appropriate sound-level meter, normally with A-weighting and slow response, with fast response for impulsive sounds. Equipment must be calibrated immediately before recording sound data, and exterior measurements are taken at the sensitive receptor's property line or on its property. Sound measurement methodology

  • If a proposed data center activity cannot comply with the noise requirements, it may require a noise exception processed through administrative approval by the planning director or designee, with mailed notice to affected surrounding properties. The county may impose limits on sound level, duration, and operating hours. Noise-exception approval and conditions

  • The county must act on a noise-exception request within 30 days by approving, conditionally approving, denying it, or referring it to the Board of Supervisors. An aggrieved person may appeal the decision to the Board within 10 days. Exception decision deadline and appeal period

  • Noise violations are infractions, and each day a violation is committed or allowed to continue is a separate offense. Enforcement costs for a second or subsequent violation may also be charged to the responsible party. Violations and enforcement costs

  • Administrative citation fines are $500 for a first citation, $750 for a second, and $1,000 for a third or later citation. Fines are due within 30 days, and unpaid amounts incur a 20% late charge every additional 30 days. Citation fines and late charges

  • A cited party contesting an administrative citation generally must request a hearing within 20 days, pay an additional $50 hearing fee, and deposit the full fine in advance unless granted a hardship waiver. Administrative citation hearing requirements

Benefits & exceptionsHide benefits & exceptions7
  • Existing permitted commercial or industrial operations are exempt from the noise rules if they do not significantly change their on-site activities or increase the number of operating days or daily hours. existing permitted commercial and industrial operations

  • Construction, alteration, and repair work is exempt during specified hours: 6:00 a.m. to 8:00 p.m. Monday through Friday and 8:00 a.m. to 8:00 p.m. on weekends. Construction equipment must have factory-installed mufflers and be maintained in good working order. Construction ... between the hours

  • A project may obtain a noise exception through administrative approval when compliance would be impractical or unreasonable because of construction's temporary nature or short duration. The county may impose limits on sound levels, duration, operating hours, compliance methods, and implementation schedules; surrounding affected properties must receive notice. a permit and administrative approval to allow exception

  • Noise exceptions are also available for special events or other circumstances when strict compliance would be unreasonable, provided the applicable findings are made. The county must act within 30 days by approving, conditionally approving, denying, or referring the request, and an approved exception may later be modified or revoked if complaints are received. Within 30 days of receipt of the application or request

  • The general noise limit is the greater of the ambient sound level plus 5 dBA or the applicable Table 1 standard. This can allow higher sound levels where the existing ambient level is already higher than the fixed table limit. whichever is the greater

  • If a continuous noise source cannot reasonably be stopped long enough to measure ambient sound, the operating sound is compared directly with the Table 1 standards rather than with the ambient-plus-5-dBA limit. If the intruding sound source is continuous

  • Vehicles that comply with state law are exempt while entering or leaving property on a public highway, street, right-of-way, or driveway. The exemption does not cover amplified vehicle sound, vehicle alarms, or horn-honking. Any vehicle, otherwise compliant with state law

Sources

current law · County measure
Updates various county zoning rules but does not specifically address data centers.Placer County Zoning Ordinance, Chapter 17

What this means

The measure does not specifically address data centers, so it does not clearly make building or operating them easier or harder. It adds rules for particular uses, including stand-alone zero-emission hubs, but the document does not show a meaningful net effect on data centers.

People behind it

  • Considered, adopted, and enacted Ordinance No. 6363-B amending Chapters 9 and 17 of the Placer County Code.

  • Reviewed the proposed amendments at noticed public hearings and made recommendations to the Board of Supervisors.

Restrictions & requirementsHide restrictions & requirements7
  • Noise-producing operations that exceed applicable sound limits for sensitive receptors require an administrative approval or noise exception. The process may require notice to affected surrounding properties, review by the planning director, conditions limiting sound levels, duration, or operating hours, and may be appealed to the Board of Supervisors within 10 days.

  • Applications for noise exceptions must generally be approved, denied, or referred to the Board of Supervisors within 30 days, and approved exceptions may later be modified or revoked if complaints are received.

  • In the C3 Heavy Commercial district, new development is subject to a 40% maximum site coverage, a 45-foot maximum height, 10-foot front and street-side setbacks, and 50-foot side or rear setbacks where the lot abuts a residential zone.

  • Parking and circulation areas for commercial, industrial, institutional, recreational, multifamily residential, and other uses generally must use asphaltic concrete or Portland cement concrete. Alternative all-weather surfaces are available only for qualifying nonresidential uses in residential or agricultural zones, generally where fewer than 10 spaces are required and additional conditions are met.

  • For lots under five acres, minimum lot area is calculated excluding public and private road easements, driveways, utility easements, and other easements. Subdivision lots must also demonstrate sufficient unburdened area to support building improvements.

  • Electrified fences or barriers are prohibited within 25 feet of hazardous-material handling areas, within five feet of a public right-of-way, adjacent to residential zones or uses, or within 300 feet of a park, church, or school. Permitted electrified fences require an administrative review permit, fire-district approval, manufacturer certification, a non-electrified perimeter fence, warning signs, and a Knox box.

  • Unpaid administrative fines and collection costs arising from property-related violations may become an ordinary lien against the property after administrative remedies are exhausted or expire. The lien can be recorded, remain enforceable against successors, and have the force and effect of a judgment lien.

Benefits & exceptionsHide benefits & exceptions3
  • Administrative approval relief may reduce road or artificial-watercourse setbacks by up to 50%, increase an applicable height limit by up to five feet or 10% (whichever is less), reduce parking requirements by up to 10%, and increase the permitted size of a residential or agricultural accessory structure by up to 50%. Relief requires planning-director approval and the findings specified in Section 17.60.105, and cannot be sought after a standard was willfully and illegally violated.

  • Temporary noise-limit exceptions may be approved through the administrative-approval process for temporary increases in noise, which can facilitate construction or other temporary data-center activities. The planning director or designee must determine that the increase would not create a hazardous condition or nuisance, and nearby sensitive receptors must be notified.

  • Electrified fences or barriers are permitted for nonresidential security purposes, subject to limits including minimum distances from hazardous-material areas and public rights-of-way, prohibitions near residential uses and within 300 feet of parks, churches, or schools, manufacturer certification, an outer non-electrified fence, warning signs, a Knox box, administrative-review approval, and fire-district approval.

Sources

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