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File #: 19-1136    Version: 1 Name:
Type: Public Hearing/General Business Status: Agenda Ready
File created: 9/30/2019 In control: Planning Commission
On agenda: 11/13/2019 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 2175 Martin Avenue
Attachments: 1. Mitigated Negative Declaration (MND), Mitigation Monitoring and Reporting Program, Responses to Comments (RTC) Received on the MND, 2. AC Staff Report of September 18, 2019, 3. Excerpt Architectural Committee Meeting Minutes of September 18, 2019.pdf, 4. Adams Broadwell Joseph & Cardozo Comment Letter of August 26, 2019, 5. Appeal of the Architectural Committee Action of September 18, 2019, 6. Response to Comments on the Appeal, 7. Resolution to Deny the Appeal and Uphold the Architectural Committee's Adoption of the MND and MMRP.pdf, 8. Resolution to Deny the Appeal and Uphold the Architectural Committee's Approval of the Data Center Project.pdf, 9. Development Plans, 10. Conditions of approval
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 2175 Martin Avenue

Report
BACKGROUND
At a publicly noticed meeting on September 18, 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 2175 Martin Avenue (CEQ2019-01071 and PLN2019-13745) following public testimony and deliberation. The proposed project is for a new three-story, approximately 80,000 square foot data center building, with 6 back-up diesel generators, surface parking, landscaping and site improvements on a 1.68-acre project site. The project includes the demolition of the existing 31,500 square foot one-story industrial building and the removal of surface paving and existing landscaping prior to project construction.

Prior to the Architectural Committee hearing, the City distributed the MND for a twenty-day review period, as required by the California Environmental Quality Act (CEQA). During that review period, the City received four comment letters, two of which provided substantive comments. One of the two letters was from Andrew J. Graf, Esq., of the law firm Adams Broadwell Joseph & Cardozo, which represents an association of labor unions and individuals called "Santa Clara Citizens for Sensible Industry." The other letter was from Sudhanshu Jain. A response to comments was prepared and included in the Architectural review packet to the Architectural Committee. A response to all the comments received on the MND was provided and is included as Attachment 1 for the Project's CEQA link to Responses to Comments (RTC) Received on the MND.

On September 25, 2019, Adams Broadwell Joseph & Cardozo filed an appeal of the Architectural Committee's approval of the data center (PLN2019-14132). The appeal form is ...

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