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File #: 21-253    Version: 1 Name:
Type: Public Hearing/General Business Status: Agenda Ready
File created: 2/4/2021 In control: Council and Authorities Concurrent Meeting
On agenda: 3/16/2021 Final action:
Title: Action on the Appeal of the Development Review Hearing Adoption of a Mitigated Negative Declaration and Architectural Approval of a Data Center Project Located at 1111 Comstock Street
Attachments: 1. Mitigated Negative Declaration (MND), Mitigation Monitoring and Reporting Program (MMRP), and Response to Comments (RTC) Received on the MND, 2. Development Review Hearing Staff Report of November 4, 2020, 3. Development Review Hearing Meeting Minutes of November 4, 2020, 4. Planning Commission Staff Report of January 27, 2021, 5. Excerpt of Planning Commission Meeting Minutes of January 27, 2021, 6. Appeal of the Planning Commission Hearing Action of January 27, 2021, 7. Resolution to Deny the Appeal and Uphold the Development Review Hearing Adoption of the MND and MMRP, 8. Resolution to Deny the Appeal and Uphold the Development Review Hearing Approval of the Data Center Project, 9. Development Plans, 10. Conditions of Approval, 11. POST MEETING MATERIAL
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REPORT TO COUNCIL

SUBJECT
Title
Action on the Appeal of the Development Review Hearing Adoption of a Mitigated Negative Declaration and Architectural Approval of a Data Center Project Located at 1111 Comstock Street

Report
COUNCIL PILLAR
Enhance Community Engagement and Transparency

BACKGROUND
At a publicly noticed Development Review Hearing (DRH) on November 4, 2020, following public testimony and deliberation, the Development Review Officer adopted a Mitigated Negative Declaration (MND) and Mitigation Monitoring and Reporting Program (MMRP) and approved the 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 DRH 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 for design revisions to enhance the architecture of the building.

On February 2, 2021, SCSSI filed an appeal of the Planning Commission's January 27, 2021 action. The referral to the Planning Commission for the appeal of the Development Review Hearing was an error as in early 2020, the City Council adopted an ordinance revising Chapter 18.76, Architectural Review, which now specifies that DRH decisions are appealable directly to the City Council.

The intent of the ordinance update was to expedite the appeal proces...

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