In an Energy and Extractive Resource Area (EX), proposed land uses unrelated to energy or extraction generally require Minor Use Permit approval, unless a Conditional Use Permit is otherwise required. (permit requirements for other land uses)

An EX-area application for a non-extraction or non-power-generation use must include a mineral resource report prepared by a geologist or mining engineer addressing the extent and value of mineral resources, the feasibility of extraction, and whether extraction could occur concurrently with the proposed use. (mineral resource report requirement)

In an EX area, approval of a use other than energy production or resource extraction requires a finding that the use will not adversely affect the continuing operation or expansion of the energy or extraction use. (required finding)

New parcels in an EX area must generally be at least 10 acres, unless Chapter 22.22 requires a larger minimum parcel size. (EX minimum parcel size)

In a Mineral Resource Area (MRA), approval of any use other than mineral resource extraction requires a finding that the use will not adversely affect the continuing operation or expansion of a mineral resource extraction use. (MRA approval finding)

Projects in a Flood Hazard combining designation require drainage plan approval in addition to other required permits. The plan must include federal flood data and, where necessary, engineering analyses, scaled site plans, valley cross-sections, channel profiles, and available flood data. (flood hazard permit and processing requirements)

New structural development in a Flood Hazard area must be located outside the hazard area to the maximum extent feasible; structures that remain in the area must meet the ordinance's flood-construction standards. (new development siting requirement)

New structures, substantial improvements, and repairs of substantial damage in Flood Hazard areas must satisfy requirements including anchoring, floodproofing or elevating service equipment, protecting water and sewage systems, elevating floors, and using flood-resistant materials. Substantial improvement or damage generally uses a 50-percent-of-market-value threshold. (construction standards and 50-percent threshold)

If a project alters or relocates a watercourse, it must maintain flood-carrying capacity, require notice to specified agencies and adjacent communities, and may require submission of technical data to FEMA for a Letter of Map Revision within six months after relevant information becomes available or project completion, whichever comes first. (watercourse and LOMR requirements)

In Flood Hazard areas, storage or processing of materials that are buoyant, flammable, explosive, injurious to life, or likely to affect floodway capacity or flood heights is prohibited. Other stored materials or equipment must be flood-resistant and anchored or removable after flood warning. (storage and processing restriction)

Land divisions and lot-line adjustments in the Flood Hazard combining designation are prohibited when they create new building areas within the 100-year flood hazard zone, unless a Flood Hazard Plan identifying construction constraints is approved before approval of the division. (flood-hazard land-division restriction)

Flood-construction standards may be waived or modified only through the Board of Supervisors' federal variance procedure. Variances require specified findings, including good and sufficient cause, exceptional hardship, and no increased flood heights, public-safety threats, extraordinary public expense, nuisance, fraud, or conflict with local law; a variance can also increase flood-insurance premiums. (variance requirements)

In Coastal High Hazard areas, new structures and qualifying improvements must be elevated on anchored pilings or columns to at least the base flood elevation, have unobstructed or breakaway space below the lowest floor, avoid structural-support fill, and satisfy additional engineering certification and recordkeeping requirements. (Coastal High Hazard construction requirements)

A proposed data center that is a discretionary project must undergo County environmental review to identify, analyze, mitigate, and disclose potential environmental impacts before an environmental determination is made. Department staff reviews all discretionary projects

If the project is not exempt from CEQA, the applicant must provide sufficient information for an Initial Study and pay the applicable fee; failure to provide the required information or fees is grounds for disapproval. Failure of the applicant to supply sufficient information or fees required is a ground for disapproval

Depending on the environmental evidence, the County may require a Negative Declaration, an Expanded Initial Study, or an Environmental Impact Report rather than allowing the project to proceed without further environmental documentation. Based upon the Initial Study, the Environmental Coordinator shall take one of the following actions

An Expanded Initial Study may be required when more detailed analysis or mitigation development is needed. The applicant must agree to that process; if the applicant does not agree, the Environmental Coordinator may recommend that the Board of Supervisors require an EIR. If the applicant does not agree to process an Expanded Initial Study

The applicant must pay the County's consultant and processing costs for an Expanded Initial Study, including additional fees if the Environmental Coordinator determines that more information is necessary. The applicant shall be liable for all consultant costs

An EIR is required when substantial evidence indicates that any project aspect, individually or cumulatively, may cause a significant environmental effect, even if the project's overall effect would be beneficial. Regardless of whether the overall effect of the project is adverse or beneficial

For a project requiring an EIR, the applicant must provide sufficient project information and pay the EIR consultant and County processing costs, including additional fees for further information; failure to provide the information or fees is grounds for disapproval. Failure of the applicant to supply sufficient information to process the EIR or fees required are grounds for disapproval

Mitigation measures used to support a finding of no significant impact must be accepted by the applicant and incorporated into the project description, potentially adding mandatory design, construction, or operational requirements. All mitigation measures forming the basis of a finding of no significant impact must be accepted by the applicant

No final action may be taken on a project with a proposed Negative Declaration until the public review period expires. No final action shall be taken on a project until expiration of the public review period

Any person may file a written Request for Review of a proposed Negative Declaration within 14 days after the County's announcement is posted; the request must be heard before final project action, and late requests are treated as written comments. received by the Environmental Coordinator within 14 days

If a Request for Review raises important environmental issues, the County may require new mitigation or project changes, revise or withdraw the Negative Declaration, or recommend preparation of an EIR. Identify feasible mitigation measures or project changes

For projects requiring an EIR, the final EIR must be presented at a public hearing, and the decision-maker must certify CEQA compliance, review and consider the EIR, and adopt required findings before approving the project. The final EIR shall be presented to the decision-maker(s) at a public hearing

The County must conduct mitigation monitoring and reporting, and the applicant must pay the associated fees, including additional fees if further monitoring is required. Costs incurred by Environmental Coordinator for mitigation monitoring shall be included in the fees

Projects are screened for statutory, categorical, or general-rule exemptions, including projects for which it can be seen with certainty that there is no possibility of a significant environmental effect. If exempt, the Environmental Coordinator prepares an exemption statement, and the originating department may file a notice of exemption. Initial review may identify exempt projects

A project may proceed through a Negative Declaration rather than an EIR when the Initial Study finds no substantial evidence of a significant environmental effect, or when applicant-agreed revisions eliminate potentially significant effects. A proposed Negative Declaration shall be issued

Mitigation measures identified during the Initial Study may be incorporated into the project so that the project can qualify for a Negative Declaration instead of requiring an EIR. The measures must be accepted by the applicant and included in the project description before the proposed Negative Declaration is issued. Mitigation measures enable an applicant to modify a project

An Expanded Initial Study may be used for more detailed analysis of specific issues when additional information could clarify impacts or produce feasible mitigation measures. The process can lead to a Negative Declaration rather than an EIR, but the applicant must agree to it; otherwise, the Environmental Coordinator may recommend an EIR. An Expanded Initial Study may be prepared

Once all required application documents are submitted, the County may give a preliminary determination of the CEQA review level, such as exemption, Initial Study, or EIR. Applicants may also submit professionally prepared technical studies for use in the environmental review, subject to possible peer review. Application Completeness

For private projects requiring environmental review, the applicant may participate in the County’s consultant request-for-proposals process by reviewing and commenting on proposals. The County retains final consultant-selection authority and will complete the process within 90 days if feasible, excluding pre-bid meetings. Applicant participation in the Request for Proposals process

The County will coordinate with the applicant on a project schedule and deliverables timeline before environmental review begins. Project Timeline

Before environmental review starts, the County must obtain the applicant’s written confirmation that the project description is accurate and acceptable. Project Description Confirmation

County staff must meet periodically with the applicant during the process and alert the applicant to concerning technical-study results or other issues with potentially significant project implications. Applicant Coordination

The County must meet with the applicant to discuss mitigation measures developed during preparation of the environmental document, particularly measures that may significantly affect or substantially change the project. Mitigation Measures

The County must meet periodically with the applicant about the environmental consultant’s scope of work, budget, and timeline. Contract Quality Control

Before analyzing project alternatives, the County must meet with the applicant to explain the proposed alternatives and obtain applicant input. Project Alternatives

A Request for Review of a proposed Negative Declaration must be filed within 14 days of the required posting. Requests filed later are treated as written comments rather than Requests for Review, which can limit the time and procedural scope for challenging the Negative Declaration. Requests must be received within 14 days

A proposed data center must be reviewed for conformance with the Noise Element before approval; if it is subject to discretionary approval, noise issues must be addressed during application processing, and if it is not discretionary, required noise analysis must be completed before a building permit is issued.

A data center that constitutes a new stationary noise source, or an expansion that may increase noise, must reduce noise at affected receiving properties to the stationary-source limits: daytime hourly Leq of 50 dB and maximum level of 70 dB; nighttime hourly Leq of 45 dB and maximum level of 65 dB where nighttime occupancy applies. Impulsive-noise limits are 65 dB daytime and 60 dB nighttime.

The developer of a new or expanded stationary noise source is responsible for mitigation when the facility would expose existing noise-sensitive uses or specified vacant land-use categories to noise above the applicable standards.

New resource-extraction, manufacturing, or processing noise sources, and modifications that increase their noise, must use best available control technologies and may not exceed the stationary-source standards at affected existing noise-sensitive uses.

Where mitigation is required, project design must incorporate effective measures, with preference given to setbacks, site layout, open-space separation, shielding, and building orientation before acoustical building treatment or structural barriers.

An acoustical analysis may be required when a project could expose noise-sensitive uses to levels above the adopted standards, including where combined noise sources may exceed the standards even if the noise-contour maps do not show the impact.

The acoustical analysis must be paid for by the applicant and prepared by a qualified noise professional. It must include representative measurements or fully documented calculation sources, existing and 20-year projected noise levels, mitigation recommendations, post-mitigation exposure estimates, and a post-project effectiveness assessment program.

The Acoustical Design Manual cannot be used in place of expert analysis for stationary noise sources or complex situations; those situations must be evaluated by an acoustical expert.

A waiver of the acoustical-analysis requirement is limited to smaller projects, including offices with less than 10,000 square feet, and generally requires a single qualifying transportation noise source, exposure no greater than 65 dB LDN/CNEL before mitigation, and flat terrain with the source and project at approximately the same grade. Stationary sources and multiple noise sources do not qualify for this waiver.

Noise mitigation required by an acoustical analysis must be implemented through the development-review and building-permit processes, and the county may monitor compliance after project completion.

If closed windows are needed to meet interior noise standards, the project must provide air conditioning or mechanical ventilation; applicable standard packages can also require low-infiltration windows, sealed solid-core doors, upgraded exterior walls, baffled vents, resilient channels, and sound-rated windows.

The county must enforce the State Noise Insulation Standards and Chapter 35 of the Uniform Building Code, which can add construction requirements and costs where noise insulation is necessary.

The review authority may adjust or waive Noise Element policies and standards by the minimum amount necessary to enable reasonable use of a property when required mitigation is not feasible, provided noise is mitigated to the maximum extent feasible. The decision may be appealed to the Board of Supervisors.

In the unincorporated Coastal Zone, a data center project would be subject to Title 23, and establishing, constructing, altering, replacing, operating, or maintaining development contrary to the title or without satisfying its requirements is unlawful. Title 23 applies to all land use and development activities within the Coastal Zone.

Before establishing, constructing, altering, or replacing a data center or related use, the applicant must obtain all permits required under Title 23. Approval under Title 23 also serves as the County Coastal Development Permit, but separate building, electrical, plumbing, and grading permits may still be required. No person shall establish, construct, alter or replace any use of land, structure or building without first obtaining all permits required.

A project cannot be approved unless the proposed use is allowed in the applicable land-use category and satisfies applicable Land Use Element standards, combining-designation standards, Local Coastal Plan policies, and other implementing regulations. No new use or other development shall be established unless the proposed use is determined to be allowable.

The data center, its buildings, parcels, and ongoing operations must comply with all applicable County Code requirements. An application generally cannot be approved while an existing use, building, or parcel is in violation unless the application includes measures that will correct the violation before the new use is established or the map is recorded. No application shall be approved where an existing land use, building or parcel is being maintained in violation.

Permit applications or other requests filed with the Planning Department must include the required filing fee at submission, with the amount determined by the County Fee Ordinance. Any permit application or request filed with the Planning Department must be accompanied by the required filing fee.

If a data center requires a Minor Use Permit, Development Plan, variance, appeal, or amendment, the matter requires a public hearing. Hearing notices generally must be mailed and published when required at least 10 days before the first hearing, with specified notice to nearby property owners, residents, and the Coastal Commission for permits and appeals. A public hearing is required before action on specified permits and other matters.

County decisions by the Planning Department or Planning Commission may be appealed within 14 days, and Planning Commission decisions generally do not become effective until the 15th day if no Board of Supervisors appeal is filed. An appeal shall be filed within 14 days of the decision.

Certain Coastal Zone developments may be appealed to the California Coastal Commission. Local appeals generally must be exhausted first, and final County action on an appealable development becomes effective only after the Commission's 10-working-day appeal period. Any final action by the county on an appealable development shall become effective after the 10-working day appeal period.

A variance cannot be used to authorize a data-center use that is not otherwise allowed in the applicable land-use category, and approval requires findings concerning special property circumstances, consistency with the Local Coastal Program, and lack of material harm to public health, safety, welfare, or nearby property. A variance shall not be used to authorize land uses other than those normally identified as allowable.

Expansion or alteration of an existing data center authorized by an older entitlement must comply with the current Title 23 requirements or the original approval conditions, whichever is more restrictive. Any construction, expansion or alteration ... shall be done in accordance with all applicable provisions of this title.