Sacramento County
Neutral Data Center Policies
Sacramento County’s zoning amendments revise various provisions but do not specifically encourage or restrict data centers; their practical effects on data-center development or operations are unclear.
current law · Unincorporated areasClarifies various zoning rules, but does not specifically address data centers.Sacramento County Zoning Code, Chapter 3: Use Regulations
What this means
This is a broad set of zoning-code clean-up amendments, but the listed changes do not specifically encourage or restrict data centers. Any effects would be indirect, so the measure has no clear meaningful net impact on data-center development or operations. “revise various provisions”
People behind it
- County of Sacramento
Applicant and proposing party for the countywide zoning code amendments.
- Sacramento County Board of Supervisors
Legislative body that introduced, considered, passed, and adopted the ordinance.
- Supervisor Peters
Made the motion to pass and adopt the ordinance.
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- Supervisor Nottoli
Seconded the motion to pass and adopt the ordinance.
Restrictions & requirementsHide restrictions & requirements2
Data centers are classified under the “Warehousing” use category rather than treated as an independently permitted use. In the MP zone, warehousing operations must be conducted entirely within an enclosed building or screened from view within a fenced area. The Code directs data centers to “Warehousing”.
For a data center classified as warehousing in the MP zone, customer visits are limited to appointment-only visits, with no more than eight appointments per day, to view and order stored bulky products. More frequent visits or walk-in customers are classified as General Retail and may require different permitting. The warehousing rules limit customer visits.
Benefits & exceptionsHide benefits & exceptions14
Data centers and similar large-scale communication equipment facilities are specifically directed to the “Warehousing” use classification, providing a defined zoning pathway rather than leaving the use unclassified. Data centers are referred to the Warehousing classification.
Warehousing is permitted by right in the MP industrial zone when the operation, including vehicle parking and storage, is conducted inside a completely enclosed building or screened within a compliant fenced area. Warehousing is permitted in the MP zone.
In industrial zones, incidental office and retail uses may occupy up to 25 percent of the primary use’s gross floor area by right; larger ancillary office or retail areas may be approved through a Conditional Use Permit. This can accommodate data-center offices, support functions, or limited ancillary sales. Incidental office and retail uses are allowed in industrial zones.
Minor utility facilities needed to support legally established uses, including water well sites, telephone switching vaults, and broadband or fiber cabinets, are permitted by right when designated on a recorded subdivision map, public-utility easement, or similar recorded instrument. Minor utilities supporting legally established uses may be permitted by right.
In industrial zones, minor electrical utility facilities that are not otherwise exempt, including certain distribution lines and substations receiving less than 100,000 volts, are permitted by right unless the recorded-map exception or another provision applies. Minor electrical utilities are permitted by right in other zones, including industrial zones.
Industrial-zoned properties may store cargo containers by right, may stack them in industrial zones, and are not required to screen them from public rights-of-way in industrial zones. This can provide flexible temporary or ancillary storage for data-center operations. Cargo containers are allowed by right in industrial zones.
There is no maximum number of company vehicles in the industrial zones, allowing larger data-center operations to store maintenance, security, or service vehicles subject to applicable parking and improvement requirements. Industrial zones have no maximum number of company vehicles.
In M-1 and M-2 zones, commercial company vehicles may be stored within required yards if they are behind required landscaping, without a separate screen-fencing requirement. Commercial company vehicles may be stored in M-1 and M-2 required yards.
The Planning Director may waive Development Plan Review and require Design Review instead, subject to approval by the authority that would otherwise decide the project. This can provide a simpler review path for qualifying projects. Development Plan Review may be waived in favor of Design Review.
The County may issue a building, electrical, or other construction permit before approval of a required Conditional Use Permit, Variance, or Special Development Permit during an emergency, subject to a notarized acknowledgment, removal obligations if approval is denied, no vesting of continuation rights, and a cash deposit or bond securing removal costs. Emergency permits may be issued before discretionary approval.
A fee waiver may be approved when written findings establish that an error by a Sacramento County employee caused the need for the permit or entitlement application. If those findings cannot be made, the request may be sent to the Board of Supervisors. The Code authorizes fee waivers for County-caused application errors.
Lawful uses that become nonconforming because of a Board-initiated rezoning or Zoning Code amendment may continue beyond five years if the Planning Director issues a certificate of nonconforming use, provided specified conditions are met, including prior lawful establishment, no pending unrelated enforcement action, required separation distances, and continuous business licensing where applicable. A certificate can allow certain nonconforming uses to continue beyond five years.
A valid, unrevoked building permit protects the approved plans, construction, and designated building use from being required to change solely because of the Zoning Code. Valid unrevoked building permits protect approved plans and uses.
Uses that were lawful before the effective date of the Code but are no longer allowed, and legally existing structures or lots that do not meet current standards, are treated as nonconforming and regulated under the nonconformance provisions rather than automatically prohibited. Lawful uses, structures, and lots may become regulated nonconforming uses.
Sources
current law · Unincorporated areasLists land-use regulations for unincorporated Sacramento County but does not specify rules for data centers.Sacramento County Zoning Code
Sources
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