Tuolumne County
Neutral Data Center Policies
Tuolumne County’s zoning rules do not specifically restrict or encourage data centers, but the County may need to decide how to classify them. Some commercial or industrial projects require a site development permit, which may cause delays.
current law · Unincorporated areasRequires data centers to follow county zoning and permit rules, which determine where they can be built and what approvals they need based on their activities.Tuolumne County Zoning Code Title 17
What this means
The measure does not specifically restrict or encourage data centers. But because data centers are not listed as a use, the County may need to decide how to treat them, and some commercial or industrial projects require a site development permit, which could cause minor delays.
People behind it
- Tuolumne County Board of Supervisors
Introduced, adopted, and enacted the ordinance; adopts and amends the Zoning Ordinance and may initiate amendments.
- David Goldemberg
Chair of the Board of Supervisors and signatory for the ordinance's adoption.
- Planning Commission
Administers the Zoning Ordinance and may initiate or participate in amendment proceedings.
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- Community Development Director
Administers, interprets, and enforces the Zoning Ordinance and may initiate amendments.
- Director
May initiate amendments to the Zoning Ordinance and is responsible for enforcing and administering its provisions.
- Community Development Department
Administers the Zoning Ordinance, processes applications and permits, maintains records, and supports enforcement.
Restrictions & requirementsHide restrictions & requirements27
Data centers are not expressly listed as a land-use classification. An unlisted data-center use is prohibited unless the Community Development Director determines through a Similar Use Determination that it is substantially similar to an allowed use, has no greater activity intensity, environmental impact, or population density, meets the zoning district's purpose, and is consistent with applicable plans; otherwise, rezoning or a Zoning Ordinance amendment may be required.
A Similar Use Determination costs $260.25 and subjects the data center to the permit requirements and other standards applicable to the comparable listed use. The Director may refer the determination to the Planning Commission.
Establishing, constructing, reconstructing, altering, replacing, or operating a land use or structure without complying with the Zoning Ordinance is unlawful, and development, building, and grading permits cannot be issued unless the activity complies with applicable zoning requirements.
Permits, licenses, and approvals must be consistent with the General Plan and applicable Specific Plans; if the Zoning Ordinance conflicts with the General Plan, the General Plan controls.
Construction or expansion of buildings in commercial, business park, industrial, general recreational, medium-density residential, multiple-family residential, or mixed-use districts generally requires a Site Development Permit. Exceptions include certain residential projects, projects with specified existing approvals, and qualifying commercial structures under 10,000 square feet that meet objective standards and other conditions.
If a data center is treated as a conditional use in its zoning district, it requires a Use Permit with public notice and findings concerning plan consistency, public facilities, and neighborhood health, safety, welfare, and property. The permit generally expires after two years unless exercised or extended and becomes void if the use ceases for 18 months.
Approving authorities may impose conditions and requirements more stringent than the stated minimum standards when needed to protect public health or safety, ensure orderly development, promote applicable plan consistency, or serve other Code purposes.
Discretionary projects must undergo CEQA review unless exempt. Required environmental review may require mitigation and monitoring for biological and other environmental impacts.
EIR processing requires an $18,161.25 deposit plus actual time-and-materials costs. Many other CEQA-subject entitlements require an $11,413.25 deposit plus actual costs, while many CEQA-exempt entitlements cost $3,805; additional charges may apply for revisions, concurrent applications, inspections, research, and post-approval work.
Commercial development requiring water or sewer service must meet County public-service requirements. Urban zoning requires an available public water system with adequate fire flow, or financial and other assurances for timely installation; new development may also be required to connect to public water and sewer systems.
Structures are subject to height limits, generally 40 feet in specified agricultural, open-space, and residential-estate districts and 50 feet in commercial, mixed-use, business park, industrial, recreational, mineral-preserve, timberland, public, and certain agricultural districts. Greater height requires a Use Permit and increases the required side-yard setback by the excess height.
Buildings generally must be at least 35 feet from the centerline of a street or right-of-way and must meet applicable front, rear, and side setbacks. Commercial and industrial buildings adjoining residential districts must observe setbacks comparable to those required from adjoining residential property.
New buildings, expansions, and changes of use that increase parking demand must provide off-street parking. For uses not specifically listed, the Director determines the required amount; applicable industrial standards include three spaces per 1,000 square feet for general industrial uses and other specified employee- or floor-area-based requirements.
Applications must include required County forms, plans, information, fees, and deposits. The application is not complete for processing until required fees and deposits are paid, and the Director may require additional information.
The County has up to 30 days to determine whether an application is complete. If requested information is not provided within six months, or if an incomplete application remains inactive for 60 days, the application may be deemed withdrawn, subject to limited extension authority.
Most discretionary permits expire if not exercised within two years, while entitlements generally expire if not exercised within three years. Extensions require a written request, fees, and findings that the project remains consistent with applicable plans and regulations and will not harm public health, safety, or welfare.
Discretionary permits require public notice and, where specified, a public hearing. Notice generally must be published and mailed at least 10 days before the hearing to owners within 300 feet and other specified parties.
Discretionary decisions may generally be appealed within 10 consecutive calendar days. An entitlement cannot be issued or become effective until the appeal period expires or any appeal is concluded.
Before approving a discretionary entitlement, the County must determine whether code violations exist on the property. Approval cannot occur until violations are abated or abatement is made a condition of approval.
The County may revoke or modify an approved permit for violations, misrepresentation, changed circumstances, nuisance conditions, detriment to public health or safety, or failure to fulfill permit conditions. A permit may be automatically suspended when applicable requirements or conditions are violated or continued operation becomes incompatible with the surrounding neighborhood's general welfare.
Outdoor storage associated with a data center must generally be enclosed or screened from public view and comply with height, setback, visibility, and permit requirements. Storage containers over 200 square feet require permits; generally, one container up to 360 square feet is allowed in MU, R, and RE districts, while no more than two are allowed in C, M, BP, P, or K districts.
Commercial and industrial projects using hazardous materials or generating hazardous waste are subject to review by the County Environmental Health Division and Fire Department. Projects in wildland-fire areas may also require fire-hazard mitigation measures from the County Fire Department or CAL FIRE.
A Variance is required for expansions or other modifications beyond adjustments allowed through other procedures. A Variance cannot change land use or density, waive a procedural requirement, or be justified primarily by applicant cost, and it requires public notice and specified findings.
Minor Modifications provide relief from specified dimensional standards only up to 10 percent and cannot modify lot area, lot width or depth, residential density, or maximum floor-area ratio.
If operated as a home occupation, a data-center activity must operate indoors, limit storage to 500 square feet, employ no more than two non-family employees, create no additional parking demand, use utilities and generate noise at residential levels, and have no regular commercial deliveries.
A Temporary Use Permit for a data-center-related activity expires after one year unless a shorter term is imposed. Extensions are not allowed, and amendments must be processed as a new application; renewal is available only when the number, duration, and operation of specified events remain unchanged and all events were conducted as approved.
An emergency installation may use an Emergency Permit only when an emergency requires faster action than ordinary permitting and the work can and will be completed within 30 days, unless the permit specifies otherwise. The Director may require a later regular permit application.
Benefits & exceptionsHide benefits & exceptions25
An unlisted data center or related use may be approved through a Similar Use Determination if it is substantially similar to a listed use, has no greater activity intensity, environmental impact, or population density, and is consistent with the applicable zoning district, General Plan, and Zoning Ordinance. It receives the comparable use's permit requirements and standards, avoiding a zoning-text amendment.
An approved Similar Use Determination does not expire, although amendments must be processed as a new application and remain subject to applicable appeals.
Industrial districts allow manufacturing, processing, refining, warehouses, equipment repair facilities, and public utility distribution facilities, supporting data-center-related utility, equipment, and storage functions subject to applicable requirements.
Public utility distribution facilities and, in specified districts, the construction, alteration, or maintenance of utility distribution facilities are allowed without discretionary review or as permitted uses, subject to listed district exceptions. This supports electrical, communications, water, sewer, and related data-center infrastructure.
New commercial development requiring water or sewer service must connect to public sewer, and development in an urban zoning district requires public water with adequate fire flow. Financial or other assurances may be required to ensure timely installation of public-water improvements.
A Specific Plan may establish area-specific uses and development standards and plan the location and capacity of transportation, sewage, water, drainage, energy, and other essential facilities, as well as public works and financing measures. If it conflicts with the Zoning Ordinance, the approved Specific Plan supersedes the ordinance while it remains in effect, subject to General Plan consistency and required approvals.
A Planned Unit Development permit may modify or supplement ordinary zoning requirements for building height, floor-area ratio, parking, access roads, landscaping, building arrangement, loading areas, parcel size, and utility-easement width. It requires a PD combining district, General Plan consistency, adequate public facilities, and approval of the permit.
The 50-foot structure-height limit generally applicable in the BP, M-1, and M-2 districts may be extended through a Use Permit if building-code requirements are met. Any height above the normal limit is added to the required side-yard setback.
Minor Modifications may provide up to 10 percent relief from specified standards, including setbacks, parking dimensions, driveways, landscaping, lot coverage, fencing, and ground-floor transparency. They cannot modify lot area, lot width or depth, residential density, or maximum floor-area ratio.
No public hearing or notice is required for a Minor Modification. If it is submitted with an application requiring Planning Commission action, it is heard and acted upon concurrently with that application.
A commercial structure under 10,000 square feet may avoid a Site Development Permit if it satisfies specified objective standards, including available public services, required parking, lighting and accessibility requirements, no significant hazardous-substance use, a location at least 200 feet from residential property, and appropriate public-road access.
Certain qualifying building repairs, interior remodels, additions below specified size thresholds, and appurtenances in commercial, business-park, and industrial districts may receive a written waiver from the Site Development Permit requirement.
Zoning Clearance is handled administratively as part of the related permit, generally requires no separate application, public notice, or hearing, and is not appealable when the proposal conforms to the zoning code.
Multiple County permits or approvals required for the same project may be submitted and processed concurrently, with fees set under the County fee schedule.
If the County does not issue a written completeness determination within 30 days after receiving a land-use application, the application is deemed complete for zoning-procedure purposes.
A Variance may modify zoning requirements when special property circumstances, such as size, shape, topography, location, or surroundings, create a hardship. It cannot change land use or density, waive procedural requirements, or rely primarily on applicant cost.
Temporary Use Permits provide a permitting path for limited-duration facilities or activities that do not permanently alter a site's character or physical facilities. No public hearing or notice is required; approval normally lasts one year and may be renewed if specified event and operating conditions are unchanged.
Emergency Permits allow emergency work to proceed through an expedited process when ordinary permitting would take too long. The Director may issue the permit when faster action is required and the work can generally be completed within 30 days unless the permit provides otherwise.
Lawfully established uses and lawful nonconforming uses may continue after later zoning or Code changes. A structure nonconforming only because of setbacks may be enlarged by up to 10 percent if new construction meets applicable setback standards, and certain other nonconforming structures may receive a one-time floor-area expansion of up to 10 percent.
A nonconforming structure damaged by fire, flood, earthquake, or another calamity may be restored, reconstructed, or replaced in the same location without increasing its prior height or area, generally if reconstruction begins within two years and other Code conditions are met.
Projects with official approvals and required building permits issued before the new title took effect may continue under their approved layout, plans, construction, size, and designated use, protecting projects already in progress from later Code changes.
Entitlements generally have three years to be exercised, and the Director may grant extensions before expiration for periods totaling up to six years. The County may also extend an entitlement's expiration date by up to two years from the original expiration date if the request is timely, required materials and fees are submitted, the original findings remain supportable, and no disqualifying change has occurred.
Approved General Plan Amendments and Zoning Ordinance Amendments do not expire; they become effective 30 days after adoption, although later amendments affecting them generally require a new application.
Roof-mounted solar energy systems and ground-mounted solar systems located over parking areas are allowed in all zoning districts without a Use Permit. Other ground-mounted systems may be approved in all districts with a Conditional Use Permit.
In the area covered by the Tuolumne Parking & Alleyway Study, nonresidential uses are generally treated as shopping-center uses for parking purposes, receive a one-time three-space credit in most zoning districts, and may satisfy parking obligations through in-lieu payments to the Tuolumne Parking Fund. Projects using the in-lieu program receive a 20-percent parking credit.
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