RESOLUTION NO. _____
A RESOLUTION OF THE CITY OF SANTA CLARA, CALIFORNIA TO APPROVE A GENERAL PLAN AMENDMENT FROM High Intensity Office/ Research and Development TO LIGHT INDUSTRIAL TO ALLOW THE DATA CENTER PROJECT LOCATED AT 2805 BOWERS AVENUE, SANTA CLARA
SCH# 2023020228
PLN21-15069 (General Plan Amendment)
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 land use 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 an Architectural Review by the City, and the Project Site is proposed to be rezoned to Light Industrial in the near future; WHEREAS, The Owner simultaneously applied for a Small Power Plant Exemption (“SPPE”) from the California Energy Commission (“CEC”), which granted the SPPE on November 8, 2023; WHEREAS, the General Plan designation of High Intensity Office/ Research and Development is intended for high-rise or campus-like developments or data centers that serve another primary use on the site, and a General Plan Amendment to Light Industrial is required to allow the construction of a standalone data center; 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 at the conclusion of the duly noticed public hearing did not take action on the Environmental document pursuant to CEQA guidelines 15270; 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; WHEREAS, on August 27, 2024, the City Council held a duly noticed public hearing to consider the EIR, General Plan Amendment, Use permit and 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 finds and determines that the General Plan Amendment is in the interest of the public good for the following reasons:
A. The proposed amendment is deemed to be in the public interest, in that the project is located in an urbanized area served by existing municipal services and invests in public services and infrastructure with on- and off-site improvements like, repairing the existing curb, and gutter and providing complete streets along the project frontage; B. The proposed General Plan amendment is consistent and compatible with the rest of the General Plan and any implementation programs that may be affected, in that the proposal utilizes and improves an underutilized property for use as a data center, strengthening the existing tax base; C. The potential impacts of the proposed amendment have been assessed and have been determined not to be detrimental to the public health, safety, or welfare, in that as proposed, it includes all feasible mitigation to reduce the potential adverse environmental effects of the project to less-than-significant levels; and D. The proposed amendment has been processed in accordance with the applicable provisions of the California Government Code and the California Environmental Quality Act (CEQA), in that an Environmental Impact Report has been prepared for the amendment has been certified and a Mitigation Monitoring and Reporting Program has been adopted.
3. That the City Council hereby amends the General Plan by changing the General Plan Land Use Designation from High Intensity Office/ Research and Development to Light Industrial to allow the construction of the standalone data center; as depicted on the attached Illustration Plan, incorporated herein by this reference. //
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Effective date. The subject General Plan Amendment is contingent upon Council taking subsequent action to rezone the Project Site to Light Industrial (LI) consistent with the new General Plan land use designation of Light Industrial. This resolution shall become effective on the effective date of the Council resolution to rezone the Project Site to Light Industrial. If a resolution to rezone the Project Site to Light Industrial does not take effect on or before July 31, 2025, this resolution shall be of no further force and 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- General Plan Amendment Page 7 of 5 Rev. / Typed 12-2-22