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The Data Center Divide

Riverside County

Anti-Data Center Policies

Riverside County may require a Planning Director to approve data centers as similar to an allowed use, with plot-plan review and site requirements adding costs or delays.

current law · Unincorporated areas, including the Rancho California Area
Requires data centers to follow applicable zoning, permitting, and development rules, but sets no rules specifically for data centers.Riverside County Ordinance No. 348

What this means

Data centers are not specifically listed, so whether they can be built may depend on a Planning Director deciding they are similar to an allowed use; otherwise, they may not be permitted. Plot-plan review and requirements such as landscaping and shaded parking can add costs and delays, though the documents do not establish a total ban or provide data-center incentives.

People behind it

  • Enacted and adopted the ordinance, including amendments, and performs legislative, planning, and zoning functions under it.

  • Administers planning and zoning functions through hearings, recommendations, and decisions specified by the ordinance.

  • Administers the technical and clerical planning, zoning, and land-division functions required by law, the ordinance, or Board of Supervisors orders.

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  • Heads the Planning Department and administers delegated responsibilities under the ordinance, including applications, hearings, approvals, notices, and recommendations.

  • Determines whether unlisted uses in Planning Areas 1, 3, and 13 are substantially similar to listed uses.

  • Determines whether unlisted uses in Planning Areas 2, 4, 7, 9, and 28 are substantially similar to listed uses.

Restrictions & requirementsHide restrictions & requirements22
  • Data centers are not expressly listed as permitted or conditionally permitted uses. An unlisted use is prohibited unless the Planning Director determines it is substantially similar in character and intensity to a listed use, after which it must follow the applicable permit process.

  • A data center requiring a discretionary permit cannot be approved unless the County determines that it is consistent with the Riverside County General Plan.

  • A data center requiring a County permit or approval may not be established or operated until the approval is final and all required conditions are completed, and it must operate consistently with the permit terms and conditions.

  • Expansion that adds floor space, dwelling units, guest rooms, or intensity of use requires additional off-street parking.

  • A data center classified as an industrial use in the I-P Zone requires an Industrial Park Plot Plan addressing the proposed operation, traffic, noise, glare, odor, vibration, hazardous materials, sewage, industrial waste, and effects on adjacent properties.

  • Industrial Park data centers must meet development standards including a minimum 20,000-square-foot lot, a 25-foot street setback, 15% landscaping, a 50-foot setback from residential or commercially zoned property, underground new utilities, screening of roof-mounted mechanical equipment, and lighting controls preventing glare or direct illumination on streets or adjoining property.

  • Data centers classified in the M-SC, M-M, or M-H manufacturing zones generally require a plot plan and must meet applicable minimum lot sizes, setbacks, landscaping, screening or masonry-wall, parking, utility, outside-storage, and lighting standards.

  • A data-center project requiring a plot plan must submit the required application and deposit-based fees, comply with the General Plan and applicable County and State requirements, and satisfy public-health, safety, compatibility, circulation, traffic, topography, and drainage standards.

  • A plot plan requiring a CEQA negative declaration or environmental impact report requires a noticed public hearing. A commercial development of 30 acres or more also requires a noticed Planning Commission hearing.

  • A project with more than one structure on a single legally divided parcel must accept a condition prohibiting the sale of individual structures until the parcel is divided and a final map is recorded placing each building on a separate legally divided parcel.

  • Where required parking is provided, accessible parking must satisfy requirements for location, dimensions, van-accessible aisles, slopes, wheel stops or curbs, pedestrian access, permanent signs, towing notices, and blue pavement markings.

  • Parking areas with five or more spaces must include interior landscaping of at least 5% for 5–24 spaces, 7.5% for 25–49 spaces, or 10% for 50 or more spaces, with higher percentages along State and County scenic highways. Required shade coverage is 30%, 40%, or 50% for those same size ranges; multilevel parking structures are exempt from the shading requirement.

  • If total uncovered parking on the property exceeds 3,600 square feet, performance security must be filed before a building permit is issued to guarantee installation of landscaping, walls, and fences and maintenance of plantings for one year.

  • A variance cannot authorize a data-center use that is not otherwise permitted in the applicable zone. It may modify development standards such as lot size, lot coverage, yards, parking, or landscaping only when special circumstances affect the parcel.

  • A project requiring greater structure height, where the zoning classification allows increased height, must obtain approval through a zone change, conditional or public use permit, or plot-plan process, depending on the structure.

  • A conditional use permit, public use permit, or variance may be revoked if the use is detrimental to public health, safety, or welfare, was obtained by fraud, violates permit conditions, or has ceased or been suspended for one year or more.

  • Within a specified highway-plan right-of-way, buildings and other improvements generally may not be constructed. Limited exceptions, including pedestrian walkways, driveways, landscaping, parking, lighting, and certain signs, require an encroachment permit and approved plot plan, and may have to be removed within 45 days after a County request.

  • In Planning Areas 1, 2, 3, 4, 7, 9, 13, and 28, data-center development is limited to uses allowed under the referenced Article VI use list, with specified categories excluded. An unlisted use may proceed only if the Assistant TMLA Director—Community Development finds it substantially similar in character and intensity and it obtains the applicable permit.

  • In Planning Areas 5, 10, 12, 25, and 27, data-center development is limited to uses allowed under Article VIIIe, Section 8.100, with specified categories excluded.

  • In Planning Areas 6, 8, 11, 14, 15, 16, 22, 23, and 26, data-center development is limited to uses allowed under Article VIIIe, Section 8.100, with specified categories excluded.

  • In Planning Areas 17, 18, 19, 20, and 21, data-center development is limited to uses allowed under Article XVI, Section 16.2, with the categories listed in subsections A through E expressly excluded.

  • In Planning Area 24, data-center development is limited to uses allowed under Article VIIIe, Section 8.100, with specified categories excluded.

Benefits & exceptionsHide benefits & exceptions16
  • The Industrial Park, Manufacturing–Service Commercial, Manufacturing–Medium, and Manufacturing–Heavy zones allow industrial, warehousing, distribution, communications, switching-equipment, utility-substation, and related service uses through an approved plot plan, providing zones that can accommodate data-center buildings and operations, subject to applicable standards and approvals. Industrial and manufacturing uses

  • In zones with a same-character provision, the Planning Director may approve an unlisted use as permitted or conditionally permitted if it is substantially similar in character and intensity to a listed use. Substantially the same in character and intensity

  • In the Manufacturing–Service Commercial, Manufacturing–Medium, and Manufacturing–Heavy zones, development standards other than lot size, setbacks, and height may be waived or modified through the plot-plan or conditional-use-permit process when inappropriate for the proposed use and consistent with public health and safety. May be waived or modified

  • Industrial zones allow supporting facilities such as electrical substations, public utility facilities, communications and microwave installations, telephone exchanges or switching equipment, and water and gas service facilities, subject to the applicable zone approval process. Public utility substations and storage buildings

  • The Specific Plan zone can authorize commercial, manufacturing, industrial-park, public-facility, water, sewer, and other uses under an adopted specific plan, with project-specific standards addressing siting, circulation, drainage, utilities, public facilities, grading, and parking. Require implementing development to comply with the development standards

  • The Planning Director may modify circulation and parking-layout requirements without notice or hearing when physical conditions make strict compliance impractical. Shared parking is also allowed when peak demand does not substantially conflict, the uses are within 150 feet, no more than 50 percent of the requirement is shared, and a recorded reciprocal parking agreement is provided. Permit modifications to the circulation and parking layout requirements

  • In the Manufacturing–Service Commercial, Manufacturing–Medium, and Manufacturing–Heavy zones, the minimum lot size may be reduced to 7,000 square feet with a 65-foot average width when sewers are available and will be used, instead of the standard 10,000-square-foot minimum. When sewers are available and will be utilized

  • Electrical-energy storage or transmission facilities may be permitted in any zoning classification through a public use permit and are not subject to the underlying zone's development standards. Facilities for the storage or transmission of electrical energy

  • Public utilities may be permitted in any zone through a public use permit, provided the approval finds that the use will not harm community health, safety, or welfare. Public utilities

  • Replacing an existing conforming use does not require a new plot plan if the existing use previously had plot-plan approval, the replacement requires no building construction, reconstruction, or expansion, parking and landscaping requirements are met, and adequate roads and other required improvements already exist. No plot plan is required to establish a proposed use when the proposed use is replacing an existing use

  • Minor modifications to an approved plot plan, conditional use permit, public use permit, or variance may be processed as a substantial-conformance determination without a public hearing. Eligible changes include facility upgrades and changes to circulation, parking, lighting, fencing, walls, landscaping, or signage, if the Planning Director finds no adverse effect on health, safety, welfare, or the environment and the modification is exempt from CEQA. An application for substantial conformance shall not require a public hearing

  • A revised permit may authorize expansion within the approved permit area, increased use intensity, changes to approval conditions, or extensions of the permitted use's life, so long as the basic concept or use does not change. The revised permit follows the original approval procedures and must meet the standards for a new permit. A revised permit means a modification of an approved permit which does not change the basic concept or use

  • The Planning Director may modify landscaping requirements without notice or hearing when physical conditions make strict compliance impractical. Permit modifications to the landscaping requirements

  • The Planning Director may approve front-, rear-, or side-yard setback adjustments without notice or public hearing when special property circumstances justify them and the adjustment will not harm the surrounding area or public health, safety, or welfare. Modifications of the front, rear or side yard minimum setback requirements

  • Solar energy systems are allowed as accessory uses in all zones with ordinarily administrative, nondiscretionary approval. Review is limited to health and safety requirements, and aesthetic screening requirements do not apply. Solar energy systems are permitted as an accessory use in all zones

  • For structures other than buildings, a request for greater height may be submitted to the Planning Director through the plot-plan process. Greater height for buildings or other structures may also be requested through a zone change or a conditional or public use permit where the applicable zone allows it. An application for a greater height limit

Sources

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