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The Data Center Divide

Yuba County

Neutral Data Center Policies

Yuba County does not specifically target data centers; ordinary zoning and site requirements may add some cost or delay, while a small permitting change may ease steps.

current law · Unincorporated areas
Requires data centers to follow county zoning and applicable development reviews, but sets no special rules for them.Yuba County Development Code

What this means

Data centers are not specifically targeted, and industrial areas may allow them. Ordinary zoning and site requirements could add a little cost or delay, while a small permitting change may ease some steps; overall, the effect appears minor.

People behind it

  • Presented the measure and submitted the recommendation to adopt the Development Code and zoning map amendments.

  • Proposed the Development Code and zoning map changes.

Restrictions & requirementsHide restrictions & requirements17
  • A data center must be allowed in its zoning district, either by right or with the required permit. If its use is unlisted, the CDSA Director assigns a substantially similar classification; if none applies, the use is prohibited in that district.

  • In an Employment Center district, development cannot proceed until a Master Plan is approved.

  • In a Planning Reserve overlay, subdivisions, urban land uses, and rezoning require an adopted Master Plan or Specific Plan; without one, development must conform to the base district.

  • Industrial-district standards impose a minimum lot area of 10,000 square feet and minimum lot width of 60 feet, with maximum floor-area ratios of 0.25 in IC and 0.5 in IG and IL districts. Height and setbacks may also be limited near residential or certain mixed-use districts.

  • In an Airport Environs overlay, development must comply with the applicable Airport Land Use Plan and height limits; construction or alteration meeting specified criteria requires FAA notification. Uses that create aviation hazards or interfere with aircraft operations are prohibited.

  • In a Floodplain overlay, development must comply with County floodplain-management requirements. Maps and specified discretionary permits require findings that flood facilities provide the required protection.

  • In an NPDES overlay, development must comply with the County Stormwater Quality Ordinance.

  • Grading generally requires a County permit for more than one acre of ground disturbance, including smaller work that is part of a larger plan exceeding one acre. Within the MS4 permit boundary, creating or replacing at least 2,500 square feet of impervious surface requires a grading or building permit. Applications may require plans, agency clearances, fees, security, inspections, or engineering reports; unpermitted work can incur investigation costs and double permit fees.

  • In State Responsibility Areas, fire-safe requirements apply to new parcels, new construction, qualifying significant improvements, and road construction or extensions. They include emergency access, water supply, fuel modification, and generally a 30-foot building setback from property lines or road rights-of-way; the setback may be reduced with written fire-district clearance.

  • New uses and expansions over 10% are subject to landscaping, parking, screening, and lighting standards. Parking lots generally must landscape at least 10% of their area and meet planting, shading, and buffer standards.

  • New land uses and buildings must provide off-street parking under the applicable use classification. Commercial and industrial development must provide off-street loading; for an unlisted use, the Zoning Administrator sets parking requirements and may require a parking study.

  • In the Valley Growth Boundary, electrical, telephone, cable, and similar distribution lines providing direct service to a development site must be installed underground, unless the agency director waives the requirement because installation is infeasible.

  • Building permits require demonstration of legal access. Building permits and other specified entitlements may also require right-of-way dedication; an exception applies to building-permit improvements valued below $25,000 within three years, subject to a specified setback condition.

  • In the Valley Growth Boundary, new buildings on vacant parcels generally require adjoining frontage improvements, including driveways, curbs, gutters, sidewalks, and streets where adequate facilities do not exist. Qualifying alterations or expansions valued above $25,000 within three years can also trigger the requirement, subject to waiver or deferral provisions.

  • In Reclamation District 784, new buildings and substantial improvements over $25,000 must provide a 20-foot right-of-way dedication along all levee toes.

  • All land uses are subject to performance standards, including limits on noise, light reaching streets or residential properties, objectionable odors, heat, air contaminants, and hazardous materials.

  • Fees for discretionary entitlement applications and other permits are due when the application is filed; processing or scheduling a required hearing does not begin until fees are paid in full.

Benefits & exceptionsHide benefits & exceptions5
  • If the County classifies a data center as a General Industrial use, it is principally permitted in the IG zone and requires a Minor Conditional Use Permit in the IL zone. The code does not specifically classify data centers. General Industrial

  • In IG and IL zones, industrial development standards include a 10,000-square-foot minimum lot area, a 0.5 maximum floor-area ratio, a 75-foot maximum height, and zero-foot minimum front, side, and rear setbacks. Transitional height and setback limits apply near residential districts and certain NMX areas with existing residences. Industrial development standards

  • In the Planning Reserve overlay, a Master Plan or Specific Plan for qualifying employment development must provide water, wastewater, and drainage infrastructure for future employment development and include mechanisms for applicants to be repaid on a fair-share basis. Approval also requires findings that the land is needed for job-generating development and that the plan provides substantial basic employment potential. Infrastructure and fair-share repayment

  • The County intends to make adjudicatory decisions under the code within time frames consistent with the Permit Streamlining Act. This does not apply to legislative actions or actions requiring both adjudicatory and legislative judgments. Permit Streamlining Act

  • A lawfully established nonconforming use may continue. Expansion requires a Use Permit; changing to a different use generally requires a Use Permit unless the new use is permitted by right. A change of ownership or management for the same use type is allowed if the use is not expanded or intensified. Right to continue and rules for expansion

Sources

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