RESOLUTION NO. _____
A RESOLUTION OF THE CITY OF SANTA CLARA, CALIFORNIA APPROVING THE ARCHITECTURAL REVIEW TO ALLOW THE DATA CENTER PROJECT LOCATED AT 2805 BOWERS AVENUE, SANTA CLARA
SCH# 2023020228
PLN21-15069 (General Plan Amendment, Use Permit, Architectural Review) WHEREAS, on August 4, 2021, HMH Engineers (“Applicant”), on behalf of GI Partners (“Owner”) made an application for the development of a 5.12-acre site (Assessor’s Parcel Numbers: 216-28-063) located at 2805 Bowers Avenue in Santa Clara (“Project Site”); WHEREAS, the Project Site has a General Plan designation of High Intensity Office / Research and Development and is zoned Office/R&D-High Intensity (HO-RD); WHEREAS, the Project Site is currently developed with a 104,000 square-foot two-story office building, surface parking lot and site landscaping; WHEREAS, the Owner proposes to construct a 244,068 square foot, four-story data center building housing computer servers and administrative functions, rooftop mechanical equipment, and generator equipment yard with 32, three megawatt (MW) tier 4 compliant renewable diesel-fired emergency backup generators, with a maximum peak generating capacity of 72 MW, an electric substation, a surface parking lot and on- and off-site improvements; in conjunction with demolition of the existing structures and site improvements (“Project”); WHEREAS, the Project approvals include a General Plan Amendment, a Use Permit, and Architectural Review by the City, and a rezoning of the Project Site to Light Industrial (LI). The Owner has simultaneously applied for a Small Power Plant Exemption (“SPPE”) from the California Energy Commission (“CEC”), which granted the SPPE on November 8, 2023; WHEREAS, pursuant to Santa Clara City Code (“SCCC”) Section 18.76.020, the Architectural review for all non-residential development greater than five thousand (5,0000) square feet in size requires approval at a public hearing. Pursuant to City Code Section 18.76.020(j), the architectural review of this application is being referred to the City Council for consideration; WHEREAS, the CEC, as Lead Agency, prepared the Draft Environmental Impact Report (“DEIR”) for the Project in accordance with CEQA and circulated copies for 45-day review to public agencies which have jurisdiction by law with respect to the Project, as well as to other interested persons and agencies, and sought the comments of such persons and agencies beginning on August 10, 2023, and concluding on September 29, 2023 (“Comment Period”); WHEREAS, the EIR identified certain potentially significant adverse impacts on the environment with Project development that with implementation of the mitigation measures specified in the Mitigation Monitoring and Reporting Program (“MMRP") for the Project would reduce the potentially significant effects to less than significant; WHEREAS, the CEC certified the EIR and adopted the MMRP at a publicly noticed meeting on November 8, 2023; WHEREAS, on March 6, 2024, the Planning Commission held a duly noticed public hearing, at the conclusion of which the Planning Commission was unable to reach an agreement on the use permit or a recommendation on the General Plan Amendment. Pursuant to the Santa Clara City Code, the lack of action constituted a denial of the use permit and a recommendation of denial on the General Plan Amendment; WHEREAS, on March 6, 2024, the Planning Commission held a duly noticed public hearing at the conclusion of which pursuant to CEQA guidelines 15270, Planning Commission did not take an action on the Environmental document; WHEREAS, the City Council cannot grant an Architectural approval without first making specific findings related to the effect of the project on off street parking areas, screening strips, design and location of the proposed development, impact on the neighborhood character, health, comfort, and general welfare of people in the neighborhood, and the policies and criteria for architectural review; WHEREAS, on August 17, 2024, a notice of the public hearing on the proposed General Plan Amendment was published in the Mercury News, a newspaper of general circulation for the City, for the City Council Hearing to be conducted on August 27, 2024; WHEREAS, on August 15, 2024, notices of the public meeting for the City Council Hearing on August 27, 2024, were mailed to all property owners within 2,000 feet of the Project Site boundaries and to the schools/daycares located within the vicinity- Bracher Elementary School, Wilcox High School, Eliana’s Daycare, Little Starfish Bilingual Daycare; and WHEREAS, on August 27, 2024, the City Council held a duly noticed public hearing to consider the Architectural Review application, at which time all interested persons were given an opportunity to give testimony and the City Council considered the information presented in the Staff Report and all verbal and written evidence.
NOW THEREFORE, BE IT RESOLVED BY THE CITY OF SANTA CLARA AS FOLLOWS:
That the City Council hereby finds that the above Recitals are true and correct and by this reference makes them a part hereof.
That the City Council hereby approves the Architecture design for the project, contingent on the approval of a General Plan Amendment and Use Permit by the Council, to allow the construction of a new four-story, 244,068 square foot data center with rooftop mechanical equipment, backup generators with a maximum peak capacity of 73 MW, a substation, and associated landscaping and site improvements, as depicted on Exhibit “Development Plans,” attached hereto and incorporated herein by this reference.
That based upon substantial evidence in the record of the hearing, including the facts stated in this resolution, the City Council hereby finds that:
That any off-street parking areas, screening strips, and other facilities and improvements necessary to secure the purpose and intent of this chapter and the general plan of the City are a part of the proposed development in that the project provides the required on-site parking and invests in the on- and off-site improvements that includes a sidewalk along the complete street frontage to link the subject site to adjacent uses and site landscaping.
That the design and location of the proposed development and its relation to neighboring developments and traffic is such that it will not impair the desirability of investment or occupation in the neighborhood, will not unreasonably interfere with the use and enjoyment of neighboring developments, and will not create traffic congestion or hazard in that the Project is compatible with existing and planned uses in the project area in terms of proposed use, intensity and scale of development, and building and site design, and the data center use does not generate a significant additional traffic.
That the design and location of the proposed development is such that it is in keeping with the character of the neighborhood and is such as not to be detrimental to the harmonious development contemplated by this chapter and the general plan of the City in that proposed data center in that the project site is surrounded by industrial uses including the Silicon Valley Power (SVP) Uranium Substation and Vantage data center immediately south of the site and a data center use would not be objectionable or detrimental to the adjacent properties or surrounding industrial sector.
That the granting of such approval will not, under the circumstances of the particular case, materially affect adversely the health, comfort or general welfare of persons residing or working in the neighborhood of said development and will not be materially detrimental to the public welfare or injurious to property or improvements in said neighborhood in that the Project will incorporate mitigation measures specified in the MMRP with Project development and construct the Project in accordance with the California Building Code.
That the proposed development, as set forth in the plans and drawings, is consistent with the set of more detailed policies and criteria for architectural review as approved and updated from time to time by the City Council, which set shall be maintained in the planning division office in that the project is consistent with the City’s design guidelines and uses a mix of materials to develop an aesthetically pleasing building.
4. Effective date. This approval is contingent upon the approval of both the General Plan Amendment (GPA) and Use Permit associated with this project by the City Council, and shall not go into effect until the Effective date of the GPA. In the event the Council does not approve either the GPA or the Use Permit, or the GPA or Use Permit do not go into effect, this Resolution shall not take effect.
I HEREBY CERTIFY THE FOREGOING TO BE A TRUE COPY OF A RESOLUTION PASSED AND ADOPTED BY THE CITY OF SANTA CLARA, CALIFORNIA, AT A REGULAR MEETING THEREOF HELD ON THE 27TH DAY OF AUGUST 2024, BY THE FOLLOWING VOTE:
AYES: COUNCILORS:
NOES: COUNCILORS:
ABSENT: COUNCILORS:
ABSTAINED: COUNCILORS:
ATTEST:
NORA PIMENTEL, MMC
ASSISTANT CITY CLERK
CITY OF SANTA CLARA
Attachments Incorporated by Reference:
1. Development Plans
Resolution/ 2805 Bowers Avenue- Use Permit Page 7 of 5
Rev. 11-22-17