City of Santa Clara - File #: 18-907

• File #: 18-907
• Version: 1
• 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
• 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

Date	Ver.	Action By	Action	Result
7/17/2018	1	Council and Authorities Concurrent Meeting	Approved	Pass
7/17/2018	1	Council and Authorities Concurrent Meeting	Approved	Pass

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...