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Request
City Council
December 03, 2024
Item # 4 RTC 24-1198
Appeal of the Planning
Commission's Denial of a Variance
and Conditional Use Permit for a
New Data Center at 1231 Comstock
Street
Afshan Hamid
Director of Community Development
An appeal of the Planning Commission's Denial of a Variance and Conditional Use Permit:
• Use Permit for the demolition of the exi ting building and construction of a new four-story, 111,978 square foot data center and site improvements • Variances for:
- Building height (from the required 70' to 87')
- Off-street parking (from the required 25 parking spaces to 21 parking spaces) - Front setba ck reduction from 15-feet to 10-feet for placement of a fence • Initial Stud y/ Mitiga ted Negative Declaration (IS/MND) and Mitigation Monitor ing and Reporting Program (MMRP);
Item #4
POST MEETING MATERIAL
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Planning Commission Action
• The Planning Commission held a public hearing on October 23, 2024 • In two motions, the Commission voted to deny the Conditional Use Permit and the Variances (vote: 4-3).
• The Commission majority made findings that:
- the proposed use would be detrimental to the harmonious or orderly growth of the City, given the large number of data centers already present in the City and the fact that data centers result in fewer jobs and no synergistic retail or connectivity to other surrounding development; and
- there were insufficient special circumstances or conditions applicable to the project site that would justify granting the variances.
Background
• Application submitted 12/ 13/2022
• Applicant led Community Meeting held
on July 10, 2024
- Notices mailed to 1,000-foot radius
- Attended by 8 members of the public
- Public comments were generally favorable
• Project Denied at Planning Commission
meeting held on October 23, 2024
• Applicant appealed the Planning
Commission decision on October 24,
2024
Existing Building
Proposed Building
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Site
• 1.37-acre site
• General Plan: Low Intensity
Office/R&D
lassie Zoning : Light Industrial
(ML)
• Current Zoning: Low Intensity
Office/R&D (LO-RD)
urrounding: U es: Data Centers
Project
4-story data center (Height 87')*
• 111,978 square feet (FAR 1.88)
• 6 backup diesel generators housed internally
- 13.5-megawatt max capacity
• 7 air-cooled rooftop chillers
- 12-foot-tall mechanical screening parapet
21 surface parking spaces
2 underground fuel tanks
• 5 '36-inch' box trees
- 160+ Shrubs
*Requires a Va,·iance
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Project
General Plan Consistency
• Project is compatible with existing / future land uses in the area • Surrounded by other data centers zoned LO-RD and HO-RD • Proposed FAR of 1.88 exceeds the LO-RD General Plan FAR of 1.0 - FAR is one of the metrics used to measure the inten sity of a use by limiting building mass and building height .
• Project is consistent with the following General Plan Polices:
- 5.3.1-PS: Work with property owners to improve or redevelop underutilized and vacant properties.
- 5.3.1-P9 Require that new development provide adequate public services and facilities, infrastructure , and amenities to serve the new employment or residential growth. - 5.3 .5-P1: Work with existing Santa Clara businesses to retain and expand emplo yment oppo1tunities and str engthen the existing tax bas e.
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Use Permit
• Classic Zoning designation - Light Industrial (ML)
- Section 18.60.050 of the Classic Code requires a Conditional Use Permit (CUP) to allow installation of 'electric power plants', which includes backup generators. - In the ML district, a data center is not listed as an allowed use. Subject to Section 18-48.04o(e) of the Classic Code, appropriate uses may be allowed with a Conditional Use Permit. • Project is consistent with current code Section 18.60.090 - Data Centers - Meets development standards including standards for; lighting, noise reduction, and primary facades.
• The project is compatible with adjacent land uses
CEQA
• An Initial Study (IS) was prepared for the project
• Concluded no adverse physical effects, or, that all potential physical effects can be reduced to a level that is less than significant
• Mitigated Negative Declaration (MND)
• Project is designed to avoid/mitigate any environmental effects to a level that is less than significant
• Mitigation Monitoring and Reporting Program (MMRP)
• Details the potential impacts and mitigation measures to be applied to the project Item #4
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Staff Recommendation
Consistent with the General Plan:
1. Adopt a Resolution adopting the Initial Study, Mitigated Negative Declaration, and Mitigation Monitoring and Reporting Program.
2. Sustain the Appeal and Adopt a Resolution approving a Conditional Use Permit for the demolition of the existing building and the construction of a new four-story, 111,978 square foot data center at 1231 Comstock, subject to findings and conditions of approval.
3. Sustain the Appeal and Adopt a Resolution approving the Variance to height, parking, and front setback for the new four-story, 111,978 square foot data center at 1231 Comstock, subject to findings and conditions of approval.
City Council
December 03, 2024
Item# 4 RTC 24-1198
Appeal of the Planning
Commission's Denial of a Variance
and Conditional Use Permit for a
New Data Center at 1231 Comstock
Street
Afshan Hamid
Director of Community Development
Item #4
6 ' 12/3/24 Applicant Presentation Item #4
C) o o DATA-DRIVEN"
~ PRIME
~ - r r. • ..._ ,.-:
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POST MEETING MATERIAL
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Applicant Presentation
BEAUTIFYING THE CENTRAL EXPRESSWAY CORRIDOR
UPGRADING SITE CONTINUES TO POSITION SANTA CLARA AS INNOVATIVE AND SUSTAINABLE Existing Building
Vacant furniture store at the
end of its useful life.
e -Project kicked off Pre,1ppU(..>DOn
sub mitted 10 dty of
Sant.a Clar,,
e
PRIME @ 1231 COMSTOCK ST
Data Center Neighborhood
7 Data Centers
1 Electrical substation
e
Proposed Data Center
Modern, four-story design
invoking a tech hub look-and
feel.
e
PrtmehcJ51tdw tual
commun•~ m-"Ung with
C.ty IC.Jff t« ttt1 dents.
Planning Comm,ss•on
holds hearing .
City Coun cil holds
appeal heanng .
e
■
0 0 0 DATA-DR I VEN"'
Item #4
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Applicant Presentation
INTRODUCING PRIME@ 1231 COMSTOCK ST
"11 PRI ME
PRIME CAN SUPPORT SANTA CLARA AS "THE CENTER OF WHAT'S POSSIBLE" Appx$29Min propertyt.axesto born
CrtyofSanta Clara and Santa Clara
Unffied over 15 year,
AppxSl SMsalesiax to Crtyof Santa
Clara 01.<!1" 15 year,
Appx22<Jjobscrea1ed lllrougt,
Union. indirect and direct
$1 0 SM ave, 1 5 years ,n utilrty-based
rev-enue ro Cityof5anta Oara
,:.-artne1 mg •Nrtt'i Hw : oral
( omrnLH11ty
Voluntary $50,CXXl scholarship to
supportEnvironmentalUteracyand
Sustainabiityprojectsacross7
elemmlaryschools
Ongotng commrtmems co various
communrty groups
Low tmpact to kxal resources
induding Police, EMS and Fire
Financial Benefits to Community
■ lllilli
100%rena-vableenergyco meet
Action S-1-7 in the2022 Cttyof5anta
Clara □irnate Action Plan
Annual Procurement of
equivalent to 120% of operdtmg
water consumption
Wor1( 'Nith suppliers to gather
sustain.:1b1lity data to help dme our
sustainability efforts
Jewel box office building look and feel
Large glass and glazing coverage
450ff-SiteTrees,SOn-SiteTrees, 168
Shrubs.412 Perennials
lndoorTierrv generators'Nith ultra
k:memis:stons
Rooftop ct11llers vvrth acoustic screen
wall
0 00 DATA D RI VEN ""
SEi\JEFlTit,JG BOTH THE CITY Af,JD SCHOOLS OF 5,l\f\lT.~ CL/\R./--\ Tax Revenue
Property Taxes
Year 1
15 Years
Local Sales Taxes
Year 1
15 Years
Total 15 Year Revenue
Utility-Based Revenue
City of Santa Clara
$475,055
$6,043,011
$3,425,737
$15,125,737
$21,168,748
5% of Prime utility spend to general fund
14 MW = $700K annually or $1 0.SM over
15 YR
Santa Clara Unified
$1,818,118
$23,127,648
$23,127,648
Local Job Creation
Total
$2,293,173
$29,170,659
$3,425,737
$15,125,737
$44,296,396
175 union construction jobs, 47 indirect jobs
7 permanent jobs, $893K+ in payroll
Executed union PLA
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Applicant Presentation
OUR SUSTAINABILITY COMMITMENT ALIGNS WITH SANTA CLARA
2022 Climate Action Plan Elements:
• Require all new data centers to operate on
100% carbon neutral energy, with offsets as
needed (Action 8-1-7)
• Data center engagement on alternative
backup generators (Action B-3-6) and
renewable electricity (Action 8-3-7)
Prime's Sustainability Commitment:
• On day 1, 1231 Comstock St will operate on
1o_a9t,en1?W@le<.'nerr.ywhich will meet the
Climate Action Plan requirement
~ PRI M E r.~ ll !IL
' C'-· ,,.
Above and Beyond
• Match 100% of data center electricity
consumption with renewable sources by 203
• Annual procurement of
equal to 120% of operating
water consumption
• Calculate and disclose greenhouse gas
emissions inventory by EOY 2025
INTEGRATING WITH THE LOCAL COMMUNITY
Partnership for Today, Tomorrow and the Future
$50,000 Scholarship to the Santa Clara School District
Foundation
Empower SCUSD to expand environmental literacy and
sustainability projects across 7 elementary schools including :
Green Infrastructure Enhancements
Educational Programs
Community Involvement Projects
Ongoing commitments to various community groups including:
Wilcox Dads & Grads
Santa Clara Police Athletic League
California Alliance for Golf
Mission City Church
Prime Data Centers Commitment
• ~ installing or utilizing on-site nuclear
power now or in the future
• Power sources to come from Silicon Valley
Power or on-site generators and batteries as
needed during emergencies
Limited Need for Police, EMS & Fire Resources required allowing them to serve the community better Item #4
4 12/3/24 Applicant Presentation Item #4
0 0 0 DATA-DRIVEN•
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Mayor Gillmor and Santa Clara City Council
Santa Clara City Hall
1500 Warburton Ave.
Santa Clara, CA, 95050
December 3, 2024
Dear Mayor and Santa Clara City Council,
I am writing to express my support of the city's staff recommendation for the construction of a data center to be built at 1231 Comstock Street in Santa Clara.
The Prime Data Centers Inc. project offers significant benefits for our community, the local economy, as well as the environment.
Many of you may remember my dad, Don Von Raesfeld, a former longtime Santa Clara City Manager (and a proud council member) who was instrumental in the emergence of Santa Clara's electric utility system. From a young age, he instilled in me, the important value power utilities were to residents as well as businesses.
Santa Clara has long been a hub for technological innovation, and this data center will further solidify our city's position as a leader in the tech industry. This facility will help attract innovative companies and ensure that Santa Clara will remain at the forefront of technological advancements.
I understand that Prime Data Centers is fully committed to implementing sustainable practices, ones which align with the city's goals to minimize carbon emissions and promoting green initiatives.
There are economic benefits too. Once fully operational, this project is estimated to contribute $700,000 annually to the city's general fund. Additionally, the project will create numerous job opportunities in both the construction and operational phases, helping stimulate local economic growth. According to my research, Prime Data Centers has a reputation of being involved within the local communities in which they serve, and I am confident they will do the same in Santa Clara.
In closing, I encourage you to support the staff recommendation and approve the conditional use permit and variances necessary for the construction of this project.
Sincerely,
Myron Von Raesfeld