Orange County District 1 Supervisor Jason Capelle took aim at claims he says “mischaracterizes” the county’s technology zoning district and takes focus away from the fight against Valley Link.
In December, supervisors approved a new technology zoning district to accommodate high-intensity technology-based uses including data centers, technology schools or colleges and technology research and development facilities. Four uses are allowed by special use permit (SUP)–on-site power generation, a public utility facility not including utility-scale solar, a telecommunications tower and a data center. The district could be applied to any suitable property through a rezoning and sets forth larger setbacks and buffers as well as height restrictions and sign regulations. The use of public water, groundwater or potable water is prohibited.
Additional items added by the planning commission in response to public feedback were removed by supervisors including the requirement of quarterly utility usage reports and a 1,000 feet setback from an occupied residence.
Since its approval, county residents have questioned the zoning ordinance, stating it lacks specific guardrails and should be applied to a specific area rather than be applicable to any qualifying parcel via a rezoning.
During Tuesday’s meeting, Capelle referenced one resident’s tearful public comment from a previous meeting stating her water would be used up by a data center. He said the ordinance specifically prohibits the use of groundwater.
“I don’t understand why [folks] continue to perpetuate that,” Capelle said. “The posts online seem to not be about educating, but about scaring. We’re losing our best chance to defeat Valley Link, which is our [solidarity].”
He said the previous ordinance was nothing but an opportunity for data centers and the county was wide open. Data centers were allowed by-right in industrial zoned areas.
“Before we implemented the technology zoning district every data center that existed or had been proposed in the state was allowed in Orange County with only a rezoning,” Capelle said. “In parcels already zoned industrial, they were allowed without any public notice or hearing.”
He said under the technology district, every data center he’s evaluated in the state would be blocked including those that have been approved in neighboring counties. And while it’s important for residents to know the downsides of data centers, there are some upsides including increased tax revenue which could be used to raise the pay of public servants such as EMS workers, law enforcement and teachers.
“It may be that no data center is ever approved in Orange County, but if a company does figure it out, I would like to know what they’re proposing before we shut it down,” Capelle said. “Together, we can make an educated, not fear based decision for Orange County.”
District 4 Supervisor Crystal Coleman said she’s been judged based on things that simply aren’t true regarding data centers. She said regardless, she’ll keep fighting for the county.
District 5 Supervisor and chairman Bryan Nicol said speakers shouldn’t be encouraged to be upset over something that isn’t reality.
During public comment, Bonnie Fincham said she doesn’t care about any tax revenue that could come in from a data center if it destroys the land. Sarah and Michael Regan again requested measurable geographic limitations and size limits for data centers in the technology zoning district.
“Modern data centers don’t worry about water,” Michael Regan said. “It’s not unreasonable for families who want to remain here and raise their children here to worry that industrial scale [development] could be beside them.”
