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Vallco Historical Project Information
February 16, 2024:
The Rise - Second Modification to SB 35 project has been approved
Prior Projects at the Vallco Site
- General Plan Amendments (2019) - Vallco General Plan Amendments
- Specific Plan Referendum (2018/2019) - Vallco Town Center Specific Plan Referendum
- Vallco SB35 (2018) - Vallco Town Center Project Pursuant to SB 35 (includes information regarding litigation by Friends of Better Cupertino)
- Vallco Specific Plan (2018) - Vallco Town Center Specific Plan
- Measure D (2016) - Vallco Town Center Specific Plan Initiative
- The Hills (2015) - Hills at Vallco
The following information is provided for historical context.
June 21, 2022:
The City reissued Standard Requirements:
On June 21, 2022, the City reissued the Standard Requirements that would apply to the Rise (formerly Vallco Town Center) SB 35 development with two minor technical corrections to Requirement no. 4(f) and 8. The City issued the following documents:
Technical Corrections Letter - 6.21.2022
Reissued Attachment C - Modification Conditions of Approval
June 3, 2022:
On June 3, 2022, the City approved the Rise (formerly Vallco Town Center) SB 35 modification received from the Vallco Property Owner LLC (VPO) in March/April 2022. The City issued the following documents:
Approval Letter
Attachment B - Basis for Approval
Attachment C - Standard Requirements and Project Implementation Requirements
May 27, 2022:
The City received additional plans from the applicant on May 27, 2022.
May 25, 2022:
The City received plans from the applicant in which only six sheets were modified since March 24, 2022. Disclosable plan sets are available upon request.
March 24, 2022:
The following plans and documents were sent to the City on March 24, 2022:
2021:
December 7, 2021 City Manager Update:
CC 12-7-21 CM Larson Vallco Update
Santa Clara County Department of Environmental Health Oversight*:
EAST SIDE OF VALLO:
SCCDEH Oversight:
On November 2, 2022, Vallco Property Owner LLC (VPO), applied for regulatory oversight for the western portion of the project site with the Santa Clara County Department of Environmental Health (SCCDEH) based on concerns outlined by the City in prior communication.
GeoTracker is the RWQCB's data management system for sites that require cleanup, such as Leaking Underground Storage Tank (LUST) Sites, Department of Defense Sites, and Cleanup Program Sites, and for various unregulated projects as well as permitted facilities including: Irrigated Lands, Oil and Gas production, operating Permitted USTs, and Land Disposal Sites.
The link to the East Vallco site on the GeoTracker is:
https://geotracker.waterboards.ca.gov/profile_report.asp?global_id=T10000020648.
Sign up!! You may also sign up for email alerts from GeoTracker by clicking - GeoTracker Email Alerts
Select Q2 Documents from GeoTracker* (more documents in Soil Investigation Reports and Review tab):
- Signed Application for Regulatory Oversight Vallco SCCDEH - 11.02.2022
- Remedial Action Agreement - 11.17.2022
- SCCDEH Letter to Department of Toxic Substances Control (DTSC) and Regional Water Quality Control Board (RWQCB) - 11.07.2022
*NOTE: The applicant is submitting documents directly to the Santa Clara County Department of Environmental Health for review. The information provided here is for convenience and is a small number of the documents posted on the GeoTracker website. Please visit the GeoTracker link provided above to sign up for updates from GeoTracker for all documents and to get real time updates on the latest activity.
WEST SIDE OF WOLFE ROAD:
SCCDEH Oversight:
On April 15, 2021,Vallco Property Owner LLC (VPO), applied for regulatory oversight for the western portion of the project site with the Santa Clara County Department of Environmental Health (SCCDEH) based on concerns outlined by the City in prior communication.
- Signed Application for Regulatory Oversight Vallco SCCDEH - 04.15.2021
- Remedial Action Agreement - 06.23.2021
- SCCDEH Letter to Department of Toxic Substances Control (DTSC) and Regional Water Quality Control Board (RWQCB) - 06.04.2021
GeoTracker link:
GeoTracker is the RWQCB's data management system for sites that require cleanup, such as Leaking Underground Storage Tank (LUST) Sites, Department of Defense Sites, and Cleanup Program Sites, and for various unregulated projects as well as permitted facilities including: Irrigated Lands, Oil and Gas production, operating Permitted USTs, and Land Disposal Sites.
The link to the Vallco site on the GeoTracker is:
http://geotracker.waterboards.ca.gov/?gid=T10000017167.
Sign up!! You may also sign up for email alerts from GeoTracker by clicking - GeoTracker Email Alerts
Select Q4 Documents from GeoTracker* (more documents in Soil Investigation Reports and Review tab):
- Revised Soil Management Plan: Soil Management Plan 11.04.2022
- Revised Soil Management Plan: Soil Management Plan 12.09.2022
*NOTE: The applicant is submitting documents directly to the Santa Clara County Department of Environmental Health for review. The information provided here is for convenience and is a small number of the documents posted on the GeoTracker website. Please visit the GeoTracker link provided above to sign up for updates from GeoTracker for all documents and to get real time updates on the latest activity.
Comments on EMP and Other Environmental Concerns:
City's Letter:
On April 13, 2021, the City's legal representative, Aleshire and Wynder, sent the following letter to Vallco regarding comments on an Excavation Management Plan (EMP) submitted and other Environmental Concerns.
Letter regarding EMP and other Environmental Concerns
Vallco's Response to City's Letter:
On May 4, 2021, Vallco's legal representative, Coblentz Patch Duffy & Bass, sent the following letter to the City in response to the City's letter regarding comments on an Excavation Management Plan (EMP) submitted and other Environmental Concerns.
Vallco's Response to EMP and Environmental Concerns Letter
Update to City Council (September 7, 2021):
Staff report and Attachments
On September 7, 2021, the City Council received an update on the status of the Vallco SB35 project. The staff report, attachment and other materials are available online at the link below.
September 7, 2021 City Council
Staff Report
Attachment
Soil Remediation
Letter from Vallco re: Environmental Review Protocol
On September 17, 2021, Vallco sent a letter to the City regarding their views on the City's role in the Environmental Review Protocol with Santa Clara County Department of Environmental Health.
Vallco Letter re: Environmental Review Protocol
City's Response to Vallco Letter re: Environmental Review Protocol
On September 21, 2021, the City sent a letter to Vallco addressing this matter among other things including project extension.
City's Letter to Vallco re: Project Extension and Environmental Review Protocol
GeoTracker link:
GeoTracker is the RWQCB's data management system for sites that require cleanup, such as Leaking Underground Storage Tank (LUST) Sites, Department of Defense Sites, and Cleanup Program Sites, and for various unregulated projects as well as permitted facilities including: Irrigated Lands, Oil and Gas production, operating Permitted USTs, and Land Disposal Sites.
The link to the Vallco site on the GeoTracker is: http://geotracker.waterboards.ca.gov/?gid=T10000017167.
Sign up!! You may also sign up for email alerts from GeoTracker by clicking - GeoTracker Email Alerts
Select Documents from GeoTracker*:
- Letter from SCCDEH staff to applicant: Correspondence from staff to applicant 11.18.21
- Conceptual Site Model (CSM): CSM for Vallco Mall 12.21.21
- Public comment on Revised CSM: Email - Comments - Susan Mearns and DEH Response 1.17 and 26.2022.pdf
- Revised CSM: Conceptual Site Model Revisions 1.25.22.pdf
- Correspondence from and response to City: Correspondence 2.8.22
- Revised CSM: Conceptual Site Model Revisions 2.24.22
- Data Gap Soil Vapor Investigation Report: Soil Investigation Work Plan 2.24.22
- Public Comment: Correspondence and Response from DEH staff 3.25.2022
- Staff Correspondence to Applicant: Site Management Plan and Site Assessment Report 3.28.22
- Revised Soil Management Plan: Soil Management Plan 6.16.22
- Soil Gas Investigation Report: 2022 Soil Gas Investigation Report 6.16.22
- Staff Correspondence to Applicant: Soil Gas Investigation and SMP 9.16.22
- Staff Correspondence to Applicant: Revised Soil Management Plan 9.16.22
- Revised Soil Management Plan: Soil Management Plan 11.04.2022
- Miscellaneous Public Comment and Responses from Staff: Public Comments 11.2022
- Revised Soil Management Plan: Soil Management Plan 12.09.2022
*NOTE: The applicant is submitting documents directly to the Santa Clara County Department of Environmental Health for review. The information provided here is for convenience and is a small number of the documents posted on the GeoTracker website. Please visit the GeoTracker link provided above to sign up for updates from GeoTracker for all documents and to get real time updates on the latest activity.
In conjunction with Building Permit review, the City required Vallco Property Owner LLC to conduct soil testing and provide associated reports. This section provides information on the review that has occurred which led to the Soil Remediation Agreement (posted in the "What's new?" section) with the Santa Clara County Department of Environmental Health in June 2021 and select documents from the State Water Boards website.
Soil Characterization Report (SCR) and Environmental Site Management Plan (ESMP): These two documents were reviewed by the City beginning April 2019. It is important to note that the SCR references a 2016 Geosphere soils testing report, which was not provided to the City until April 2019 as part of the SCR.
The following is a list of the documents provided to the City and reviewed by the City in chronological order:
| April 2019: | |
| June 2019: | |
| July 2019 | |
| August 2019 |
Polychlorinated biphenyls (PCB) Work Plan: Following preparation of the SCR and the ESMP, the City required VPO to prepare a work plan, to be reviewed and approved by the City, to determine the extent of some PCB contamination identified in the SCR and associated reports. The work plan needed to be submitted and reviewed prior to issuance of certain demolition permits.
| August 2019 |
PCB Investigative Reports and Review: Prior to issuance of any excavation permits, the City required VPO to present the results of the investigation conducted per the PCB Work Plan and also required VPO to submit a soil vapor investigative report. These were reviewed by the City in late 2020/early 2021. These reports have not been finalized since the soil remediation process is now being overseen by the Santa Clara County Department of Environmental Health.
The following is a list of the documents provided to the City and reviewed by the City (unless noted otherwise) in chronological order:
| August 2020 |
|
| December 2020 | |
| January 2021 |
|
| March 2021 |
|
Excavation Management Plan (EMP): As a part of the City's requirements to clean up the soil adequately and appropriately, and prior to issuance of any excavation permits, VPO prepared an EMP. The EMP was under review but was not finalized since the soil remediation process is now being overseen by the Santa Clara County Department of Environmental Health.
The following is a list of the documents provided to the City and reviewed by the City in chronological order:
| January 2021 | |
| February 2021 | |
| March 2021 |
Streamlining Eligibility Letter (90-day deadline)
The 90-day deadline to provide written documentation on which objective planning standards, if any, the proposed project conflicts with, was Monday, June 25, 2018. The City has sent the following letter to the applicant.
Vallco SB 35 Streamlining Letter
Approval Letters
Approval Letter:
The 180-day deadline to provide a determination on the Vallco SB 35 project was Sunday, September 23, 2018. The City has sent the following letter (and attachments) to the applicant on September 21, 2018.
Technical Corrections Letter:
Subsequent to the City's approval of the Vallco SB 35 project on September 21, 2018, certain technical corrections were made to two Standard Project Requirements. These are documented in the following letter to the applicant:
Technical Corrections Letter
Fee Protest:
Vallco's Fee Protest Letter:
On December 21, 2018, the City received the following letter to protest fees imposed on the project.
Vallco - Fee Protest Letter
City's Response to Vallco's Fee Protest Letter:
On March 15, 2019, the City sent the following letter in response to the letter protesting fees from the project applicant.
City Response to Fee Protest Letter
Project Extension:
City's Project Extension Application Request Letter:
On August 28, 2021, the City sent the following letter informing the Developer of their options related to project expiry and extension.
City - Project Extension Application Request Letter
Housing and Community Development (HCD) Department's Technical Assistance Letter:
On September 1, 2021, the City received the following letter as Technical Assistance upon issuance of the City's letter regarding Project Extension to the Developer.
HCD Technical Assistance Letter
City Response to HCD's Technical Assistance Letter:
On September 7, 2021, the City sent the following letter to HCD regarding their Technical Assistance:
City Response to HCD TA Letter
Attachment to HCD Letter - September 7 City Council Staff Report and Attachment
Vallco Response Letter to City's Project Extension Application Request:
On September 14, 2021, the City received a letter from the Developer in response to the City's August 28 letter
Vallco - Response Letter to City's Project Extension Application Request
City Response to Vallco's Letter:
On September 21, 2021, the City sent the following letter to Vallco regarding their response to a request for an extension pursuant to existing law at the time and other assertions.
City Response to Vallco
2018 - 2020:
Friends of Better Cupertino vs. City of Cupertino
On October 16, 2018, Friends of Better Cupertino filed a lawsuit in Santa Clara County Superior Court challenging the City's approval of the Vallco Town Center SB 35 Project. The primary court documents in the case are posted below.
- Friends of Better Cupertino's (FBC) First Amended Petition (October 16, 2018)
- FBC's Opening Brief (January 29, 2019)
- Vallco Property Owner LLC's (VPO) Motion for Judgment on Pleadings (February 13, 2019)
- FBC's Opposition to VPO's Motion for Judgment on the Pleadings (March 18, 2019)
- City of Cupertino's Notice Taking No Position on VPO's Motion for Judgment on the Pleadings (March 18, 2019)
- VPO's Reply in Support of Motion for Judgment on the Pleadings (March 22, 2019)
- Court's Order Denying VPO's Motion for Judgment on the Pleadings (April 4, 2019)
- City of Cupertino's Statement of Non-Opposition to FBC's Opening Brief (May 24, 2019)
- VPO's Opposition to FBC's Petition (May 24, 2019)
- VPO’s Response to City of Cupertino’s Statement of Non-Opposition (June 18, 2019)
- City of Cupertino’s Reply to VPO’s Response to the City’s Statement of Non-Opposition (July 1, 2019)
- VPO's Supplemental Brief Re: Amendment to SB 35 (August 9, 2019)
- FBC's Reply in Support of Petition for Peremptory Writ of Mandamus (August 23, 2019)
- VPO's Reply in Support of Supp Brief re: AB 101
- Bay Area Council Amicus Brief In Support of VPO (Aug. 15, 2019)
- UA Local 393 Amicus Brief in Opposition to FBC’s Petition (Aug. 23, 2019)
- VPO Surreply Brief In Opposition to FBC’s Petition (Sept. 30, 2019)
- City of Cupertino’s Response to Bay Area Council’s and UA Local 393’s Amicus Briefs (Oct. 4, 2019)
- Declaration of Ben Fu In Support of City of Cupertino’s Response to Amicus Briefs (Oct. 4, 2019)
- FBC’s Response to Amicus Briefs (Oct. 4, 2019)
- FBC Reply to Vallco Surreply (October 15, 2019)
- Declaration of FBC Attorney Stuart Flashman (October 15, 2019)
- RPI Vallco Objection to Flashman Declaration Request to Strike (October 24, 2019)
- RPI Vallco's Notice of Recent Authority (October 24, 2019)
- Order Vacating Submission and Resubmitting Cause (March 16, 2020)
- Court's Order Denying Petition for Writ of Mandate (May 6, 2020)
- Court's Order Re: Administrative Record and Scope of Briefing (May 6, 2020)
- Santa Clara County Superior Court Judgement (May 22, 2020)
Submitted on March 27, 2018:
Project Overview and Reference Images
Project Description:
- Project Description Part 1
- Project Description Part 2
- Project Description Part 3
- Project Description Part 4
Plans:
- Site Plans
- Site Diagrams
- Architectural Plans:
- Civil Plans:
- Landscape Lighting and Signage Plan
Tentative Map (subdivision) materials are available here.
Technical Reports and Form:
Paper plans are available at City Hall for review during business hours.
Submitted on June 1, 2018:
Submitted on June 19, 2018:
Submitted on July 31, 2018:
The following information was received by the City on July 31, 2018 from the applicant, as a first partial submittal, in response to the City’s 90-day letter requesting further clarification/ supplemental material in support of their SB 35 application.
Response Letter dated July 31, 2018
Plans:
- Updated Site Plans:
- Updated Site Diagrams - 7-31
- Updated Architectural Plans:
- Updated Civil Plans:
- Updated Landscape Lighting and Signage Plans:
Tentative Map:
- Updated Overall Topographic Survey - 7-31
- Updated Topographic Survey - 7-31
- Updated Existing Public and Private Easements and Boundaries - 7-31
Submitted on August 17, 2018:
The following information was received by the City on August 17, 2018 from the applicant, as a second partial submittal, in response to the City’s 90-day letter requesting further clarification/ supplemental material in support of their SB 35 application.
Response Letter dated August 17, 2018
Plans:
- Updated Site Plan - 8-17
- Updated Architectural Plans:
- Updated Civil Plan - 8-17
- Updated Landscape Lighting and Signage Plan - 8-17
Tentative Map:
- Updated Demolition and Tree Removal
- Updated Grading and Drainage - 8-17
Submitted on August 24, 2018:
The following information was received by the City on August 24, 2018 from the applicant, as a third partial submittal, in response to the City’s 90-day letter requesting further clarification/ supplemental material in support of their SB 35 application.
Response Letter dated August 24, 2018
Plans:
- Updated Site Plans:
- Updated Site Diagrams - 8-24
- Updated Architectural Plans:
- Updated Landscape, Lighting and Signage Plans:
Tentative Map:
Reports:
- Preliminary Waste Management Plan
- Stormwater Report
- Permit Provision C.3. Impervious Surface Data Form
- Updated Vallco Arborist Report
Submitted on September 7, 2018:
The following information was received by the City on September 7, 2018 from the applicant, as the fourth submittal, in response to the City's 90-day letter requesting further clarification/supplemental material in support of their SB 35 application.
Response Letter dated September 7, 2018
Preliminary Affordable Housing Plan
Submitted on September 19, 2018:
Documents were submitted on September 19, 2018, including the plans that were stamped "approved" and attached to the approval letter for the project (see Attachment A above.) This cover letter reflects the submittal, which is available at City Hall.
The Frequently Asked Questions (“FAQs”) below are to inform the community about SB 35 and explain how it relates to the Vallco Town Center SB 35 Application.
- Vallco SB 35 Frequently Asked Questions (FAQs) - 2019 FAQ Update