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File #: 19-721    Version: 1 Name:
Type: Public Hearing/General Business Status: Agenda Ready
File created: 6/3/2019 In control: Planning Commission
On agenda: 8/28/2019 Final action:
Title: Public Hearing: Action on Appeal of Architectural Committee Adoption of a Mitigated Negative Declaration and Approval of a Data Center Project Located at 1150 Walsh Avenue
Attachments: 1. Mitigated Negative Declaration (MND), Mitigation Monitoring and Reporting Program, Responses to Comments (RTC) Received on the MND, 2. Architectural Committee Staff Report of June 19, 2019, 3. Excerpt Architectural Committee Meeting Minutes of June 19, 2019, 4. Adams Broadwell Joseph & Cardozo Comment Letter of June 19, 2019, 5. Appeal of the Architectural Committee Action of June 19, 2019, 6. Response to Comments Received on the MND & RTC, 7. Resolution to Deny the Appeal and Uphold the Architectural Committee's Adoption of the MND and MMRP, 8. Resolution to Deny the Appeal and Uphold the Architectural Committee's Approval of the Data Center Project, 9. Conditions of Approval, 10. Development Plan
REPORT TO PLANNING COMMISSION
SUBJECT
Title
Public Hearing: Action on Appeal of Architectural Committee Adoption of a Mitigated Negative Declaration and Approval of a Data Center Project Located at 1150 Walsh Avenue

Report
BACKGROUND
At a publicly noticed meeting on June 19, 2019, the Architectural Committee adopted a Mitigated Negative Declaration (MND) and Mitigation Monitoring and Reporting Program (MMRP) and approved architectural review of a data center at 1150 Walsh Avenue (CEQ2018-01049 and PLN2018-13128) following public testimony and deliberation. The proposed project is for a new four-story, 160,450 square foot data center building, with 11 back-up diesel generators, a 27 mega-watt electrical substation, surface parking, landscaping and site improvements on a 3.32-acre project site. The project includes the demolition of three, one-story industrial buildings totaling 37,443 square feet and the removal of surface paving and existing landscaping prior to project construction.

On June 26, 2019, Adams Broadwell Joseph & Cardozo filed an appeal of the Architectural Committee's approval of the data center (PLN2019-13974). The appeal is provided as Attachment 5.

The Staff Report for the Architectural Committee meeting of June 19, 2019 is provided as Attachment 2 and the Development Plan is included as Attachment 10.

DISCUSSION
Immediately preceding the start of the June 19, 2019 Architectural Committee meeting, Yair Chavez of the law firm Adams Broadwell Joseph & Cardozo submitted comments on behalf of California Unions for Reliable Energy (CURE) regarding the MND. In his comments, Mr. Chavez requested the preparation of an Environmental Impact Report (EIR) and that the Architectural Committee disapprove the MND and deny the Architectural application. The comments included claims of deficiencies in the scope of the analysis, deferment of mitigation measures and inadequacies in the analysis of air quality (including operational nitrous oxide and...

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