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File #: 21-250    Version: 1 Name:
Type: Consent Calendar Status: Agenda Ready
File created: 2/3/2021 In control: Council and Authorities Concurrent Meeting
On agenda: 2/9/2021 Final action: 2/9/2021
Title: Action on Request to Set March 9, 2021 for a Public Hearing to Consider the Appeal Submitted by Santa Clara Citizens for Sensible Industry c/o Legal Counsel for 1111 Comstock Street (PLN2019-13941; CEQ2020-01079)
Attachments: 1. Appeal Received on February 2, 2021
REPORT TO COUNCIL
SUBJECT
Title
Action on Request to Set March 9, 2021 for a Public Hearing to Consider the Appeal Submitted by Santa Clara Citizens for Sensible Industry c/o Legal Counsel for 1111 Comstock Street (PLN2019-13941; CEQ2020-01079)

Report
COUNCIL PILLAR
Enhance Community Engagement and Transparency

BACKGROUND
At a publicly noticed meeting on November 4, 2020, following public testimony and deliberation, the Development Review Hearing officer adopted a Mitigated Negative Declaration (MND) and Mitigation Monitoring and Reporting Program (MMRP) and approved architectural review of a data center at 1111 Comstock Street (CEQ2020-01079 and PLN2019-13941). The approved project is for a new four-story, approximately 121,170 square-foot data center building, with surface parking, landscaping and site improvements on a 1.38-acre project site. The project includes the demolition of the existing 23,765 square foot one-story industrial building and the removal of surface paving and existing landscaping prior to project construction.

On November 12, 2020, Adams Broadwell Joseph & Cardozo, legal counsel for Santa Clara Citizens for Sensible Industry (SCSSI), filed an appeal of the Development Review Hearing approval of the data center. The appeal was referred to the Planning Commission, which conducted a public hearing on January 27, 2021, and at the conclusion of which, voted unanimously to deny the appeal and uphold the MND and architectural approval, with an added condition to make design revisions.

On February 2, 2021, SCSSI filed an appeal of the Planning Commission's January 27, 2021 action.

DISCUSSION
Pursuant to recent revisions to Chapter 18.76 of the City Code, all architectural decisions are appealable directly to the City Council, except those involving construction or alterations of single-family residences.

Prior to the March 2020 Code amendment, architectural review was the responsibility of the City's Architectural Committee, and Architect...

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