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The Data Center Divide

San Benito County

Neutral Data Center Policies

San Benito County requires new industrial development to pay a $0.023-per-square-foot fee before receiving a building permit. The description identifies no ongoing fee or operating restriction for data centers.

current law · County measure
Updates San Benito County’s zoning and development rules that would apply to data centers, but does not address them specifically.San Benito County Code of Ordinances, Title 25: Zoning (2022)

People behind it

  • County department responsible for proposing and administering the Zoning Code amendments.

  • Assistant Director of Planning and Building identified as the department head/director for the measure.

  • Reviewed the draft Zoning Code and recommended its adoption by the Board of Supervisors.

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  • Introduced, adopted, and ordained the ordinance deleting and replacing Title 25 of the San Benito County Code.

Restrictions & requirementsHide restrictions & requirements10
  • New non-exempt nonresidential construction and expansions are subject to development plan review, with review level determined by project size. New structures of 3,000 square feet or less and certain smaller additions generally receive minor review, while new structures over 5,000 square feet and larger additions require major review by the Planning Commission.

  • A minor development plan review can be elevated to Planning Commission review if the Planning Director chooses to refer it or if the applicant, representative, or any member of the public submits a written request for a public hearing.

  • Major development plan reviews require public notice and a Planning Commission hearing; minor reviews generally require mailed notice to adjacent properties and may also require a hearing if one is requested.

  • Development plan review approval requires findings that the project complies with the General Plan and zoning rules, is compatible with adjacent development, has adequate sewer or septic, water, power, and other utilities, and will not harm public health, safety, welfare, or neighboring properties.

  • The reviewing authority may impose reasonable conditions on development plan approval to ensure the required findings can be made.

  • A use requiring a conditional use permit must undergo individual review by the Planning Commission, including public notice and a public hearing. Approval requires findings concerning zoning compliance, compatibility with surrounding properties, compliance with applicable standards, and physical suitability of the site.

  • Conditional use permit approval may include operational conditions, including required actions by specified deadlines, and the permit may be modified or revoked after a public hearing for noncompliance, violations, nuisance impacts, or changed surrounding conditions.

  • If a conditional use permit application is denied, a substantially similar new application cannot be considered for one year after the denial.

  • A zoning clearance is required before initiating a land use that does not require construction, changing a use, obtaining a new or modified business license, or undertaking other activities identified by the zoning code. The Director must verify compliance with applicable use and development standards before issuing the clearance.

  • The County may modify, revoke, or terminate an approved permit or approval through the same procedure and by the same body that originally approved it. For modifications or revocations, owners and current occupants must generally receive at least 30 days' notice before the public hearing.

Benefits & exceptionsHide benefits & exceptions3
  • The updated zoning code consolidates administrative functions and adds tables identifying permitted uses and development standards, making zoning requirements easier for development applicants to find.

  • The measure revises and simplifies permitted and conditional uses and removes seldom- or never-used permit types, potentially reducing unnecessary approval steps for affected uses.

  • The measure provides permit-streamlining procedures, including project triage to reduce backlogs, consistent processing procedures, regular status reports on review schedules, and pre-application meetings for large or complex projects.

Sources

current law · County measure
Requires new data center development to pay the applicable information-technology impact fee—$0.023 per square foot if classified as industrial—before its building permit can be issued.San Benito County Code Title 5, Chapter 5.01, Article XVIII (Information Technology Impact Fee)

What this means

The measure adds a small fee to new industrial development—$0.023 per square foot—and requires payment before a building permit is issued (industrial development fee; fee must be paid). That is a minor construction cost, and the sources describe no ongoing fee or restriction on operating a data center.

People behind it

  • Administers collection of building impact fees, including the Information Technology Impact Fee, through the building permit process.

Restrictions & requirementsHide restrictions & requirements2
  • New development classified as commercial, office, or industrial is subject to an Information Technology Impact Fee of $0.051, $0.039, or $0.023 per square foot, respectively, creating an added cost for a data center in one of those categories (fee rates)

  • A building permit for covered property cannot be approved or issued until the required development impact fee has been paid, making payment a prerequisite to construction or expansion (no building permit shall be approved or issued)

Benefits & exceptionsHide benefits & exceptions1
  • Development impact fees are used to fund information-technology infrastructure and equipment needed because of new development in the county. The fee applies to industrial development at $0.023 per square foot, with payment required before a building permit may be approved or issued.

Sources

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