Fairfield, Benicia look to close 'by right loophole' for data centers
The Benicia City Council voted to introduce an ordinance requiring public review, environmental analysis and conditional use permits for data center projects. The proposal would limit facilities to 20 megawatts in designated industrial districts, while Fairfield residents urged their council to consider a moratorium after a proposed 150-megawatt project appeared capable of advancing through existing rules without a public hearing.
Benicia City Council voted 4-1 to introduce an ordinance that would require data center developers to obtain conditional use permits and undergo public notice, Planning Commission review and California Environmental Quality Act analysis. The proposed rules would allow facilities only in four industrial districts, cap them at 20 megawatts, prohibit combustion equipment such as diesel backup generators, and impose water conservation, lighting and noise standards. The council plans to consider final adoption after additional amendments and community input.
The action was prompted in part by a proposed 150-megawatt data center in Northwest Fairfield that could qualify for administrative, or “by right,” approval under an existing master planned development. Fairfield residents called for a moratorium, and the Fairfield City Council directed staff to schedule a discussion of a possible moratorium or policy requiring public review. Benicia officials and residents also raised concerns about water use, environmental protections and long-term oversight of data center operations.