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The Data Center Divide

Sutter County

Neutral Data Center Policies

Sutter County’s code does not specifically address data centers, but unlisted projects may need county approval, and some districts require design review.

current law · Unincorporated areas
Requires data centers in unincorporated Sutter County to follow the zoning rules for their location and obtain any applicable permits.Sutter County Ordinance Code, Chapter 1500 (Zoning Code)

What this means

The code does not specifically mention data centers, but an unlisted use may need county approval, and projects in some districts require design review. These steps may add a modest burden, but the sources show no data-center-specific ban or major restrictions.

Restrictions & requirementsHide restrictions & requirements6

  • In unincorporated areas under County jurisdiction, data-center land uses and structures must comply with the Zoning Code; land may not be used, and structures may not be constructed, altered, occupied, demolished, or moved except as allowed by the Code. Applicability and compliance requirements

  • When the Zoning Code gives the review authority discretion, the County may impose additional or more flexible requirements, including requirements intended to promote orderly development or protect environmental resources. Discretionary approval provision

  • Zoning approval does not eliminate the need for any other required County, special-district, state, or federal permit, license, approval, or entitlement. Other permits and requirements

  • If zoning requirements conflict with the County General Plan, the General Plan controls; if they conflict with another duly adopted County regulation, the more restrictive provision controls. Rules for conflicts with other regulations

  • Development agreements and specific plans control over conflicting Zoning Code requirements, while the Zoning Code prevails when it imposes greater restrictions than a private covenant or agreement. Development-agreement and private-agreement rules

  • Applications deemed complete before the effective date of the Code or an amendment generally remain subject to the prior rules, while approved applications may be built or used only under their approved plans and conditions; time-extension approvals may instead be conditioned under the rules in effect when the extension application was deemed complete. Pending, approved, and time-extension applications

Benefits & exceptionsHide benefits & exceptions12

  • Uses not specifically listed in a zoning district may be permitted by the Director under Section 1500-03-030, providing an administrative path for a data center that is not expressly listed, subject to applicable zoning requirements. Uses not specifically listed may be permitted by the Director.

  • Commercial and industrial districts provide locations for activities such as research and development, warehousing, wholesaling, distribution, and major community facilities; a data center would need to qualify under an allowed use category or obtain approval as an unlisted or similar use. Research and Development and Warehousing, Wholesaling, and Distribution are included in the commercial and employment use table.

  • M-1 and M-2 industrial districts allow a maximum floor-area ratio of 0.50, have no maximum building-coverage percentage, allow primary structures up to 50 feet, and generally require no interior-side or rear setback except when adjacent to residential districts. M-1 and M-2 development standards.

  • The Planned Development Combining District allows project-specific modification of permitted uses, minimum lot size, setbacks, lot coverage, building height, wall and fence height, landscaping, parking, signs, and other standards. It requires rezoning, a Development Plan, and Board of Supervisors findings concerning General Plan consistency, infrastructure, compatibility, and project suitability. The Board of Supervisors may modify these standards.

  • A Planned Development application must include an infrastructure plan and may include a public-facilities financing plan when existing infrastructure or the countywide impact-fee program is insufficient, identifying needed improvements and how they will be funded and developed. The application shall include a public facilities financing plan.

  • For projects in commercial or employment districts, the Director may approve an alternative to the commercial and employment design checklist when it provides an equivalent design approach. Alternatives to the Design Checklist may be considered by the Director.

  • In the FPARC Combining District, underground utilities and above-ground utility installations for local service are permitted, subject to specified approval requirements for certain communication buildings, substations, generation plants, and gas holders. Geographic and use-specific restrictions still apply. Underground utility installations and above ground utility installations for local service.

  • The County review authority may impose requirements more flexible than the Zoning Code's minimum standards when needed to promote orderly development, protect environmental resources, or advance the code's purposes. This is discretionary and does not guarantee approval.

  • Vested land-use permits, approvals, and agreements authorized under prior ordinances are not terminated solely because the Zoning Code is enacted, protecting already-authorized projects from losing those rights because of the code change.

  • A complete application submitted before the effective date of the Zoning Code or an amendment is governed by the zoning provisions in effect when the application was deemed complete, protecting a pending proposal from later, more restrictive amendments.

  • An application approved before the effective date of the Zoning Code or an amendment may be constructed or used in accordance with its adopted plans and approval conditions, protecting approved construction and operations from later zoning changes subject to those plans and conditions.

  • If the Zoning Code conflicts with standards adopted as part of a development agreement or specific plan, the development agreement or specific plan prevails, protecting a covered project from inconsistent zoning requirements.

Sources

current law · County measure
Sets the permitting and enforcement rules that would apply to data centers under Sutter County zoning, but does not specifically regulate them.Sutter County Zoning Code (Title 1500)

People behind it

  • Applicant and proponent of Project U26-0020, which proposed amendments to the Sutter County Zoning Code and Sutter Pointe Specific Plan Land Use and Development Code.

Restrictions & requirementsHide restrictions & requirements18

  • A data-center proposal must be filed on an official County application form with required fees, deposits, plans, maps, studies, and other supporting materials.

  • The County may reject an application if the proposed activity is not allowed in the applicable zoning district or cannot lawfully be approved.

  • An application cannot be accepted while the property has unresolved violations of the Zoning Code, other County ordinances, or existing permits, unless the project includes correcting the violations.

  • The Development Services Department must determine whether an application is complete; applicants have six months to provide missing information before the application is deemed withdrawn and the file is closed.

  • Environmental review under CEQA is required after a complete application is accepted, and the County may require applicant-paid special studies.

  • The County may refer an application to other County departments, state or federal agencies, or other entities with relevant authority or expertise.

  • New commercial and industrial buildings in the Employment Corridor, GC, CM, M-1, and M-2 zoning districts may require Design Review or Minor Design Review; projects exceeding 65,000 square feet, or warehouse or outdoor-storage uses exceeding 100,000 square feet, require Design Review approval by the Board of Supervisors.

  • Additions to existing commercial or industrial buildings in specified commercial and employment districts require Minor Design Review.

  • A Use Permit is required where the applicable district regulations identify the proposed use as requiring one; the Planning Commission must approve, conditionally approve, or deny the permit at a public hearing.

  • A Use Permit applicant must demonstrate consistency with the General Plan and Zoning Code, compatibility with nearby uses, adequate site size and access, sufficient traffic capacity, and adequate public or private water and sewer facilities.

  • Applications requiring Planning Commission or Board of Supervisors approval must provide public notice, generally at least ten days before the hearing, to nearby property owners and specified agencies; hearing notices generally cover properties within 500 feet.

  • Applications requiring Planning Commission or Board of Supervisors approval must install public-notification signs within 30 days after submitting the application, and the application is not complete unless the signs comply with the required standards.

  • A decision by the Director or Planning Commission may be appealed by an applicant, property owner, or other aggrieved person within ten days; an appeal stays the effective portion of the decision and requires payment of applicable appeal fees.

  • Except for Zoning Clearances, permits generally do not become effective until the ten-day appeal period expires, and permits are generally valid for 24 months unless a different period is specified.

  • A permit extension may be granted for 12 months, requires an application and applicable fees, and may be conditioned on standards or fees enacted after the original approval.

  • The Board of Supervisors may revoke a permit after a noticed public hearing for changed circumstances, misrepresentation, violation of conditions, refusal of inspections, unlawful improvements, or operation detrimental to public safety, health, or welfare.

  • A final Certificate of Occupancy cannot be issued until the County determines that all applicable standards and permit conditions have been satisfied.

  • Violations may result in orders to stop or condition the use, investigation fees, administrative penalties, fines, or other legal remedies; willful violations may constitute a misdemeanor or infraction.

Benefits & exceptionsHide benefits & exceptions10

  • Applications for multiple permits or approvals for the same property may be filed and processed concurrently through a unified review and decision process.

  • Within 30 calendar days after accepting an application, the Development Services Department must notify the applicant in writing whether the application is complete or identify the specific additional information needed.

  • An Administrative Permit does not require a public hearing, and the Director or designee may approve, conditionally approve using existing adopted standards, or deny the application.

  • A Zoning Clearance is a ministerial approval that does not require a public hearing and may be approved or denied by the Director or designee.

  • Minor Design Review is a streamlined ministerial process based on uniformly verifiable existing standards and does not involve personal or subjective judgment by a public official.

  • In specified commercial and employment zoning districts, additions to existing commercial or industrial buildings generally require only Minor Design Review; certain new commercial or industrial projects below 65,000 square feet, and warehouse or outdoor-storage projects below 100,000 square feet, also qualify for Minor Design Review.

  • A zoning clearance becomes effective immediately upon issuance, while other zoning permits generally become effective after the 10-day appeal period expires unless an appeal is filed.

  • Zoning permits are generally valid for 24 months, and the Director may grant a 12-month extension or refer the extension request to the Planning Commission.

  • A Development Agreement may vest the property owner's development rights and establish the County's and owner's obligations concerning infrastructure construction and financing, development phasing, credits and reimbursements, and other project terms.

  • Unless otherwise conditioned, an approved permit transfers with a change in ownership of the site, business, service, use, or structure, provided the original use and permit conditions are fully complied with and not modified or enlarged.

Sources

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