REPORT TO PLANNING COMMISSION
SUBJECT
Title
Public Hearing: Action on Appeal of Architectural Review Committee Approval of a Mitigated Negative Declaration and Data Center Project Located at 2305 Mission College Boulevard
Report
BACKGROUND
On April 18, 2018, the Architectural Review Committee (ARC) adopted a Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program (MND/MMRP) and approved a two-story 495,610 square foot data center on a 15.7 acre project site.
The project includes the demolition of an existing office/R&D building. A total of 120 generators would be located within a generator yard west of the data center building and a new substation would be developed on the northwest corner of the site.
At this meeting two law firms presented information to the Committee regarding concerns with the project and the MND and asked the Committee to delay action or deny approval of the project.
On April 24, 2018, the firm representing Laborers International Union of North America, Lozeau Drury LLP, filed an appeal of ARC's actions. On April 25, 2018, the law firm representing the California Unions for Reliable Energy, Adams Broadwell Joseph & Cardozo (Adams Broadwell), also filed an appeal of ARC's actions. Both appeals were properly filed and paid for within seven calendar days of ARC's decision.
DISCUSSION
At the Architectural Review Committee meeting, representatives of Adams Broadwell & Joseph Cardozo and Lozeau Drury LLP (collectively the "Appellants") reiterated concerns about the project and MND as stated in the correspondence letters provided in the staff report packet. Following the public testimony, the ARC's discussion focused on the concerns raised and the environmental consultant from David J. Powers & Associates provided responses. Following the discussion, the ARC took action adopting the MND and approved the project with an amendment of condition of approval related to bicycle parking and storage.
The Appellants raised...
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