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File #: 18-907    Version: 1 Name:
Type: Public Hearing/General Business Status: Agenda Ready
File created: 6/20/2018 In control: Council and Authorities Concurrent Meeting
On agenda: 7/17/2018 Final action:
Title: Public Hearing: Action on Appeal of Planning Commission Approval of a Mitigated Negative Declaration and Architectural Review for a Data Center Project Located at 2305 Mission College Boulevard
Attachments: 1. Mitigated Negative Declaration and Mitigation Monitoring or Reporting Program, 2. Planning Commission Staff Report of 6/13/18, 3. Excerpt of Planning Commission Minutes 6.13.pdf, 4. Architectural Review Committee Staff Report, 5. Excerpt of Architectural Review Committee Meeting Minutes of 04/18/2018, 6. Response to Comments on MND, 7. Appeal of ARC from Lozeau Drury LLP, 8. Appeal of ARC from Adams Broadwell Joseph & Cardozo, 9. Appeal of PC from Lozeau Drury LLP, 10. Appeal of PC from Adams Broadwell Joseph & Cordozo, 11. Supplemental Memo, 12. Development Plans, 13. Resolution to Overrule the Appeal and Uphold the Adoption of the Mitigated Negative Declaratioin and Mitigation Monitoring or Reporting Program, 14. Resolution to Overrule the Appeal and Uphold the Architectural Review Committee Approval, 15. Conditions of Approval, 16. POST MEETING MATERIAL, 17. Resolution No. 18-8582, 18. Resolution No. 18-8583
REPORT TO COUNCIL
SUBJECT
Title
Public Hearing: Action on Appeal of Planning Commission Approval of a Mitigated Negative Declaration and Architectural Review for a Data Center Project Located at 2305 Mission College Boulevard

Report
BACKGROUND
On April 18, 2018 the Architectural Committee adopted a Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program (MND/MMRP) and granted Site and Architectural Review approvals for a two-story 495,610 square foot data center on the 15.7 acre project site at 2305 Mission College Boulevard. The project includes the demolition of an existing office/R&D building. As part of the project 120 generators would be installed within a generator yard west of the data center building and a new substation would be constructed on the northwest corner of the site.

Lozeau Drury LLP, the firm representing Laborers International Union of North America, Local 270, and Adams Broadwell Joseph & Cardozo (Adams Broadwell), representing the California Unions for Reliable Energy, filed an appeal of the Architectural Committee's actions. Lozeau Drury LLP appealed the adoption of the MND/MMRP, and Adams Broadwell appealed both the adoption of the MND/MMRP and the Architectural Review. On June 13, 2018 the Planning Commission considered the two appeals and after some clarifying questions regarding the energy usage and emission, the Planning Commission overruled the appeals and upheld the Architectural Committee's actions.

On June 20, 2018, the two law firms filed separate appeals of the Planning Commission's action. Both appeals were properly filed and paid for within seven calendar days of ARC's decision. The two appeals are attached to this report, along with related documents.

DISCUSSION
In the materials submitted with the appeals, the appellants raised concerns related to the project MND, including concerns about the air quality analysis, greenhouse gas analysis, noise impacts during emergency operation, battery imp...

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