San Diego County
Neutral Data Center Policies
San Diego County requires large data centers to obtain a Major Use Permit and undergo environmental review; an enacted measure also requires a report within 180 days, but does not itself add operating rules.
current law · Unincorporated areasRequires large-scale data centers in unincorporated San Diego County to obtain a Major Use Permit and undergo public and environmental review.San Diego County Zoning Ordinance (2026)
What this means
The proposal mainly clarifies existing County practices: large data centers already require a Major Use Permit and environmental review. It adds no clear new benefits or substantial restrictions, so its overall effect is likely small.
People behind it
- Board of Supervisors
Adopted, enacted, and approved the zoning ordinance and has jurisdiction over amendments to it.
- Director
Administers and enforces the Zoning Ordinance, may initiate zoning amendment requests, and prepares specified ordinance materials.
- Planning Commission
Makes recommendations and conducts hearings or reviews concerning specified zoning amendments and related matters.
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- Department of General Services
Provides final approval for specified leases involving County-owned solid waste sites.
- San Diego Film Commission
Administers commercial filming activities conducted under its auspices.
- Sheriff
May issue licenses for temporary circuses, carnivals, and other outdoor entertainment events.
- Department of Environmental Health
Exercises authority over specified community events on public or private property.
- Clerk of the Board of Supervisors
Schedules specified Board hearings and provides notices of Board decisions on zoning amendments.
- Director of Public Works
Reviews and approves specified grading plans and emergency watercourse extraction activities.
- Padilla
Proposed Senate Bills 887 and 886 concerning CEQA review and ratepayer protections for data centers.
- McNerney
Proposed Senate Bill 1168 concerning ratepayer protections related to data centers.
- Perez
Proposed Senate Bill 978 concerning ratepayer protections related to data centers.
- Papan
Proposed Assembly Bills 2619 and 2469 requiring data center water-use reporting.
- Bauer-Kahan
Proposed Assembly Bill 1577 requiring data center energy-use reporting.
- Senator Chris Van Hollen
Democratic
Introduced Senate Bill 3682 concerning prioritization of ratepayers over data centers in energy delivery.
- Senator Josh Hawley
RepublicanIntroduced Senate Bill 3852 requiring new data centers to derive power from non-grid sources.
- Representative Rob Menendez
Democratic
Introduced House Bill 6983 requiring data centers to generate their own energy from renewable sources.
- Senator Bernie SandersI
Introduced Senate Bill 4214 establishing a national moratorium on AI data centers.
- San Diego County Board of Supervisors
Directed the Chief Administrative Officer to evaluate large AI data centers and develop options to reduce their impacts.
- Planning & Development Services Director
Responsible for issuing the Letter of Determination memorializing the County's current land-use treatment of large-scale data centers.
- Planning & Development Services
Responsible for defining data centers in the County Zoning Ordinance under the short-term policy option.
Restrictions & requirementsHide restrictions & requirements29
Large-scale data centers in unincorporated San Diego County are classified as Major Impact Services and Utilities and generally require discretionary approval through a Major Use Permit.
Major Use Permit applications require CEQA review, public notices at multiple stages, and review by the applicable Community Planning or Sponsor Group.
A Major Use Permit requires findings that the data center's location, size, design, operations, community impacts, General Plan consistency, and CEQA compliance satisfy County requirements; the Planning Commission's decision may be appealed to the Board of Supervisors.
Major Impact Services and Utilities are not permitted in the C42 commercial zone.
Data centers in imported-water areas must obtain a will-serve letter or equivalent and undergo project-level water-service feasibility review.
Large-scale data centers in groundwater-dependent areas may be subject to CEQA groundwater review, the County Groundwater Ordinance, and the Sustainable Groundwater Management Act.
Diesel backup generators require local air-quality permits and are subject to operating-hour limits, particulate-emission standards, and best-available-control-technology requirements, particularly near sensitive receptors.
Data centers with battery-energy-storage systems of at least 600 kilowatt-hours must submit a site-specific technical study to the San Diego County Fire Protection District, including hazard-mitigation and plume-modeling reports.
Data center projects without onsite battery storage must still undergo review by an external fire-protection engineering firm for fire-safety practices.
In unincorporated San Diego County, data centers and related construction, alterations, expansions, and relocations must conform to the applicable zone, and the premises cannot be used for an unpermitted purpose.
A data-center use requiring discretionary approval may require a Major Use Permit or Minor Use Permit, with Major Use Permits generally under the Planning Commission's jurisdiction and Minor Use Permits generally under the Director's jurisdiction.
A variance cannot authorize a data-center use or other activity that is not otherwise expressly allowed in the property's zoning regulations.
In Scenic Area Regulations areas, no development permit may be issued and no outdoor commercial or industrial use may begin until a Site Plan is approved, unless a listed exemption or Director-approved waiver applies.
Buildings and structures must satisfy road setbacks in addition to the Zoning Ordinance's standard setback requirements.
Parking areas, loading spaces, and driveways generally must be hard surfaced, and most parking areas must provide landscaping covering at least 5 percent of the parking-area size.
In M50 and M52 industrial zones, projects must provide landscaped yard strips of specified widths and dense view-obscuring screening in specified locations.
A nonconforming data-center use or structure may continue, but its expansion, extension, substitution, activity changes, and facility changes are prohibited unless required by law or authorized under the Nonconformity Regulations.
Administrative, Site Plan, and Use Permit applications may require prescribed forms, ownership documentation, environmental review, fees, public notice or hearings, required improvements, security, and operating conditions.
Use Permit approval generally expires after two years if construction or use has not begun; a use permit tied to a subdivision map may instead expire three years after final or parcel-map recordation if construction or use has not begun.
Use Permits apply only within their defined permit boundaries, and additional uses within that area require a permit modification.
Site Plan, Use Permit, and other discretionary decisions may be appealed within specified 10-day periods; a timely appeal stays the decision or further proceedings and can prevent building or other permits from being issued until resolution.
Required permit conditions may require bonds, deposits, monetary security, or other financial instruments for improvements or compliance, and violations can lead to permit modification, revocation, civil penalties, or cease-and-desist orders.
Required public hearings generally must be scheduled no sooner than 10 days and no later than 90 days after an application is complete; when an Environmental Impact Report is required, the hearing generally must occur within one year, subject to a possible one-time extension of up to 90 days with the applicant's consent.
Imperial County adopted a 45-day moratorium temporarily pausing in-process and future data-center application submittals; the moratorium may be extended for a total period of up to two years.
Monterey Park adopted a citywide prohibition on data centers through a voter-approved measure on June 2, 2026.
Pending Senate Bill 887 would prohibit CEQA categorical exemptions for data centers, requiring discretionary land-use review where a project otherwise could be approved ministerially.
Pending Senate Bills 886, 1168, and 978 would impose data-center electricity-rate requirements, including special tariffs or rate structures and, in some proposals, upfront developer payment for infrastructure upgrades.
Pending Assembly Bills 2619 and 2469 would require data-center developers to report water use.
Pending Assembly Bill 1577 would require data-center developers to report energy use.
Benefits & exceptionsHide benefits & exceptions20
Large-scale data centers are classified as Major Impact Services and Utilities and may be approved with a Major Use Permit in residential, most commercial, industrial, agricultural, and specified special-purpose zones; they are not permitted in the C42 commercial zone.
Major Impact Services and Utilities may be conditionally permitted in any zone when the public interest outweighs ordinary land-use limits and the facility requires a particular location because of community-wide interest.
The County may provide economic incentives under Board Policy A-124 when a data-center project supports economic-development priorities such as job creation, relevant wages, and alignment with the regional economic ecosystem.
A use permit may authorize a use, structure, or action that would otherwise require a separate Administrative Permit, eliminating that additional permit when it is included in the use permit.
Related permit, subdivision-map, use-permit, variance, and zoning-amendment applications may be processed concurrently under the authority handling the related application.
Administrative Permit and Site Plan applications generally must receive an approval, modification notice, or denial within 60 days after a complete application is received. The Administrative Permit deadline may be extended only with the applicant's written consent.
A Site Plan may be waived when another discretionary permit fulfills its purposes or when the project is minor, including an addition of no more than 500 square feet, window or door replacement, reroofing, restuccoing, or minor facade improvements. The waiver does not remove other legal or zoning requirements and the minor-project waiver does not apply in the coastal zone.
A complete permit application is generally governed by the zoning rules in effect when the application became complete, protecting the project from later zoning amendments during review. An application is generally deemed complete after 30 days unless deficiencies are identified or completeness is confirmed earlier.
A building with a permit issued before a zoning amendment may proceed under the prior rules if construction begins within one calendar year and is completed within three years, provided it does not violate another law or ordinance.
Existing nonconforming uses and structures may continue and be maintained after a rezoning or ordinance amendment creates the nonconformity, although expansion, extension, substitution, or other changes remain restricted unless authorized by the Nonconformity Regulations.
Under S88 Specific Planning Area regulations, uses identified in an adopted Specific Plan are permitted under the S88 regulations, and the Specific Plan's use conditions and restrictions control over conflicting zoning provisions.
Under S90 Holding Area regulations, an existing Major or Minor Use Permit may be continued, modified, reinstated, or renewed after holding-area zoning is applied.
M56 areas must use a Specific Plan addressing public facilities such as sewer, water, fire protection, and roads, providing a framework for coordinating industrial development with required infrastructure.
The Director may waive M56 administrative design review when a project would not materially contribute to the applicable Design Manual's objectives and guidelines, subject to considering the designated community or property-owner review body's recommendation.
For County-owned solid-waste sites and associated buffer properties, specified uses such as photovoltaic solar energy systems and above-ground wireless telecommunications facilities are exempt from certain administrative, Site Plan, and Use Permit procedures. The lease must be reviewed by the Director and list the uses, and all other zoning, performance, and design standards still apply.
A photovoltaic solar energy system extending no more than five feet above a roof is exempt from applicable maximum-height limits; larger systems may be approved with a Minor Use Permit.
Wireless telecommunications facilities may exceed an applicable height limit with a Minor Use Permit, subject to the ordinance's other requirements.
The zoning ordinance does not apply to federally owned public lands or Indian Reservation lands, subject to other applicable laws. It also does not apply to qualifying state-owned public lands or certain County-owned, County-operated, County-financed, or public-purpose facilities.
Civic uses, structures authorized by a use permit, accessory structures, temporary structures, and secondary uses are exempt from the Building Type Schedule, allowing additional design flexibility for qualifying data-center buildings and supporting structures.
The Director may approve a Minor Deviation from an approved permit without notice or a public hearing when the change is not substantial, does not adversely affect adjacent property, and stays within stated limits, generally including cumulative changes of up to 10 percent in regulated areas, building or structure size, height, excavation, or the number of buildings or structures.
Sources
current law · Unincorporated areasDirects County staff to study the potential impacts of large AI data centers and recommend ways to reduce them.San Diego County Board of Supervisors File 26-029 (2026)
What this means
The measure directs the County to prepare a report within 180 days, not to impose new rules on building or operating data centers. The report may lead to future policy changes, but those options are not adopted by this measure.
People behind it
- Jim Desmond
RepublicanSupervisor who proposed the measure and recommended directing the Chief Administrative Officer to evaluate large AI data centers and develop policy options.
- Monica Montgomery Steppe
Supervisor who seconded the motion approving the measure.
- Board of Supervisors
County body that unanimously approved the measure and directed its implementation.
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- Chief Administrative Officer
County official directed to prepare the required report and evaluate policy options within 180 days.
- Dahvia Lynch
Deputy Chief Administrative Officer who submitted the report back responding to the Board directive. Affiliation evidence.
Restrictions & requirementsHide restrictions & requirements12
Large-scale data centers, defined in the report as facilities with more than 1,000 servers at one site, are classified as Major Impact Services and Utilities and require a discretionary Major Use Permit rather than by-right approval.
Major Impact Services and Utilities are not permitted in the C42 commercial zone, so large-scale data centers cannot be developed there under the current zoning classification.
A Major Use Permit requires environmental review under CEQA and findings that the project’s location, size, design, and operating characteristics will not harm community character, conform to the General Plan, and satisfy CEQA requirements.
Major Use Permit applications require public notice at project submittal, during CEQA document review, and before the Planning Commission hearing, with notice generally sent within 1,500 feet of the site or to at least 100 property owners.
Large-scale data centers must be considered by the Planning Commission, which may approve or deny the Major Use Permit; the decision may be appealed to the Board of Supervisors.
A proposed data center may be presented to the applicable Community Planning or Sponsor Group for a recommendation as part of the Major Use Permit process.
Projects with diesel backup generators must obtain permits from the local air-quality management district and comply with limits on operating hours, particulate-matter emissions standards, and best available control technology requirements, particularly near sensitive receptors.
Data centers in imported-water service areas require a will-serve letter or equivalent from the applicable water district and must undergo project-level water-service feasibility review.
Data centers in groundwater-dependent areas are subject to groundwater availability and usage review under CEQA groundwater guidelines, the County Groundwater Ordinance, and, where applicable, the Sustainable Groundwater Management Act.
Data center facilities with onsite battery energy storage may be subject to the County’s battery-energy-storage requirements; facilities with storage capacity of 600 kilowatt-hours or more must submit a site-specific technical study, including hazard-mitigation and plume-modeling information, to the Fire Protection District.
Even without onsite battery energy storage, data centers require review by an external fire-protection engineering firm for project-wide fire-safety practices.
Data centers must comply with applicable County noise standards, including Section 36.404 of the San Diego County Code of Regulatory Ordinances; project-specific noise controls, setbacks, acoustic barriers, or post-construction noise studies may also be required.
Benefits & exceptionsHide benefits & exceptions5
Large-scale data centers are currently treated as Major Impact Services and Utilities, allowing them in all residential zones, all commercial zones except C42, all industrial and agricultural zones, and specified special-purpose zones, subject to a discretionary Major Use Permit.
The County may offer potential economic incentives under Board Policy A-124 for qualifying projects, depending on factors such as the number of jobs created and alignment with the County’s economic-development priorities.
Large-scale data centers are eligible project types under the County’s voluntary Community Benefits Agreement guidelines; because the agreements are voluntary, applicants are not automatically subject to mandatory community-benefit requirements.
The County’s planned Letter of Determination would formally confirm that large-scale data centers are processed as Major Impact Services and Utilities and require a Major Use Permit, providing applicants with a standardized interpretation of the existing zoning rules.
The County may define data centers in the Zoning Ordinance through an amendment that can be incorporated into an existing ordinance effort without additional cost or internal Planning and Development Services workplan impacts.
Sources
Specific to San Diego County only.
pending · Unincorporated areasDirects County staff to assess the impacts of large data centers and recommend ways to protect residents, utilities, and nearby communities.San Diego County Report Back on Large AI Data Centers (2026)
What this means
The measure mainly orders a report and policy options; it does not itself impose new construction or operating rules (report within 180 days). The County report says large data centers already require discretionary permits, and its proposed short-term clarification would (memorialize current County practices), so the measure has little immediate effect on development.
People behind it
- Supervisor Jim Desmond
Proposed the measure and made the motion directing evaluation and policy recommendations regarding large AI data centers.
- Supervisor Monica Montgomery-Steppe
Seconded Supervisor Desmond’s motion.
- San Diego County Board of Supervisors
Adopted and approved the measure, directing the County executive branch to prepare the report and policy options.
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- Chief Administrative Officer
Was directed to prepare and submit the 180-day evaluation and policy-options report to the Board.
- Dahvia Lynch
Deputy Chief Administrative Officer who submitted the July 14, 2026 report back responding to the Board’s directive.
- Planning & Development Services Director
Identified as the County official who would issue the Letter of Determination memorializing the County’s data-center permitting practices.
Restrictions & requirementsHide restrictions & requirements10
Large-scale data centers are classified as Major Impact Services and Utilities and generally require a discretionary Major Use Permit rather than approval by right.
A Major Use Permit application must undergo environmental review under the California Environmental Quality Act (CEQA).
Major Use Permit applications require public notice at project submittal, during CEQA document review, and before the Planning Commission hearing; notice generally covers a 1,500-foot radius or at least 100 property owners.
The Planning Commission must approve or deny the Major Use Permit, and its decision may be appealed to the Board of Supervisors.
Approval requires findings that the project's location, size, design, and operating characteristics will not harm community character, are consistent with the General Plan, and satisfy CEQA requirements.
Major Impact Services and Utilities uses are not permitted in the C42 commercial zone.
Data centers in imported-water areas must obtain a will-serve letter or equivalent from the applicable water district and undergo project-level water-service feasibility review.
Onsite diesel backup generators require permits from the local air-quality management district and are subject to operating-hour limits, particulate-emission standards, and best-available-control-technology requirements, particularly near sensitive receptors.
Data center projects require review by an external fire-protection engineering firm to evaluate fire-safety practices and emergency-response planning.
Facilities with onsite battery energy storage systems of 600 kilowatt-hours or more must submit a site-specific technical study, including hazard-mitigation analysis and plume modeling, for fire-authority review.
Benefits & exceptionsHide benefits & exceptions3
Large-scale data centers may be proposed in all residential, industrial, and agricultural zones; all commercial zones except C42; and certain special-purpose zones. They require a discretionary Major Use Permit and must satisfy compatibility and CEQA requirements.
The County’s Letter of Determination will clarify that large-scale data centers are processed as Major Impact Services and Utilities requiring a Major Use Permit, creating a defined permitting pathway and confirming that applications can proceed through the existing review process.
The County may offer potential economic incentives under Board Policy A-124 for projects that support County economic-development goals, including sufficient job creation and relevant wages. Eligibility and the amount of any incentive are project-specific.
Sources
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