Special Notice / Hearing: None__
Vote Required: Majority
To: Honorable Board of Supervisors
From: Supervisor Lisa Gauthier, District 4
Supervisor Noelia Corzo, District 2
Subject: Resolution Directing Staff to Develop Zoning Regulations for Data Centers
RECOMMENDATION:
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Adopt a resolution directing Planning and Building Department staff to work with the County Executive’s Office and County Attorney’s Office to consider and prepare appropriate amendments to the County’s Zoning Regulations, including a potential Countywide ban, on new data center construction within the unincorporated area of San Mateo County.
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BACKGROUND:
The recent acceleration in the deployment and use of artificial intelligence (AI) technology has resulted in a corresponding surge in the construction of the large-scale data centers required to power AI technology. As more data centers are constructed, the public has grown increasingly aware of the potential negative public impacts of this resource-intensive use of land.
Recognizing their potential negative public impacts, the State recently enacted several laws regulating the construction and operation of data centers, including laws requiring data center projects to disclose and report water usage (AB 2619, AB 2469) and ensuring that the construction of new data centers is subject to environmental review (SB 887).
Separate from this State regulation, the County is authorized to adopt ordinances that, among other things, regulate the use of buildings, structures, and land to ensure compatibility between land uses, protect the public’s health, safety, and welfare, address infrastructure limitations and public service capacities, preserve natural, scenic, and agricultural resources, and other purposes. Pursuant to this authority, the County has the power to regulate, restrict, and/or prohibit data centers within the unincorporated area of San Mateo County.
DISCUSSION:
The construction and operation of AI-scale data centers places significant demands on energy and water resources, has the potential to cause significant environmental impacts, including noise and air quality impacts, and may result in local zoning and land use conflicts, and other negative impacts on public health, safety, and wellbeing.
Based on these concerns, several California local agencies have placed temporary or permanent bans on new data centers within their jurisdictions.
The County’s Zoning Regulations do not currently include adequate provisions to ensure that the siting, construction, and operation of AI-scale data centers are sufficiently regulated to avoid negative impacts to public health, safety, and wellbeing, as well as the character and aesthetic of the community. Accordingly, the County’s Zoning Regulations should be reviewed and updated to account for the potential negative impacts caused by the construction and operation of AI-scale data centers.
Staff’s review should consider whether AI-scale data centers are an appropriate land use in any zones within the unincorporated County, or whether a Countywide ban on the construction of new data centers should be enacted.
The County Attorney has reviewed and approved the proposed Resolution as to form.
COMMUNITY IMPACT:
Directing staff to develop appropriate regulations to prohibit, restrict, and/or otherwise regulate the siting, construction, and operation of AI-scale data centers within unincorporated San Mateo County will ensure that such facilities are established and operated only in ways that reflect the values of the County.
FISCAL IMPACT:
There are no net County costs associated with providing this direction to County staff.