The Rise (Former Vallco Town Center)

On December 5, 2023, Sand Hill Property Company (SHPCo) submitted a second modification application for The Rise (formerly Vallco Town Center) development pursuant to SB 35. The project continues to be a mixed use development with 2,669 units of housing, approximately 1.95 million square feet of office space and approximately 226,000 square feet of retail uses. As required by SB 35, 1) fifty percent of the base housing units must be affordable, 2) two-thirds of the total project square footage must be allocated for residential use, and 3) the City has 60 days to process the application. Details are below in the "The Rise - 2023 Modification Application" tab.

Prior to receiving this modification application, SHPCo filed an application with the City of Cupertino on March 27, 2018 entitled "Vallco Town Center Project Application pursuant to SB 35" for 50.82 acres of the former Vallco Mall property. The developer utilized state Density Bonus law incentives and density bonus units in its proposal. The project was a mixed use development with 2,402 units of housing, approximately 1.97 million square feet of office space and about 425,000 square feet of retail uses. Fifty percent (1,201) of the housing units were proposed to be affordable. On September 21, 2018, the City approved the project. In March 2022, SHPCo filed a modification application. The developer continued to utilize state Density Bonus law incentives and density bonus units in its proposal, with no changes to the mix of uses. On June 3, 2022, the City approved the modifications. Details are below in the "The Rise - 2022 Modification Application" tab.

What's new?

2023: 

February 16, 2024 The Rise - Decision Made

The City made a decision on the Rise Modification application: 

On February 16, 2024, the City approved the Rise (formerly Vallco Town Center) SB 35 second modification received from the Vallco Property Owner LLC (VPO) in December 2023.The City issued the following documents, which include updated plans received from the applicant during the review process on February 6 and February 14, 2024:

Approval Letter(PDF, 626KB)
Attachment A - Approved Plans(PDF, 262MB)
Attachment B - Basis for Approval(PDF, 201KB)
Attachment C - Standard Permit Requirements(PDF, 321KB)

December 5, 2023 The Rise - Second Modification Application received

Application for Modification: 
On December 5, 2023, the City received documents and plans from the Vallco Property Owner LLC (VPO) for modifications to the project approved in September 2018 and subsequently modified in 2022. The transmittal letter and Project Description are available in the "The Rise - 2023 Modification Application" tab below.

2022

June 21, 2022 The Rise -Technical Corrections

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(PDF, 627KB)
Reissued Attachment C - Modification Conditions of Approval(PDF, 303KB)

June 3, 2022 The Rise - Decision Made

The City made a decision on the Rise Modification application:
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(PDF, 4MB)
Attachment A - Approved Plans
Attachment B - Basis for Approval(PDF, 186KB)
Attachment C - Standard Requirements and Project Implementation Requirements(PDF, 301KB)

May 27, 2022 The Rise - additional amended plans received:

Additional amended plans for Modification Received:
On May 27, 2022, the City received additional amended plans from the Vallco Property Owner LLC (VPO) for modifications to the Vallco Town Center pursuant to SB35 project approved in September 2018. The applicant submitted an entire set of Tentative Map drawings and 20 amended Planning drawings, which were impacted by the changes to the engineering drawings. These are all available in the "The Rise - Modification Application" Section below.

May 25, 2022 The Rise - amended plans received:

Amended Plan for Modification Received:
On May 25, 2022, the City received amended plans from the Vallco Property Owner LLC (VPO) for modifications to the Vallco Town Center pursuant to SB35 project approved in September 2018. While the applicant sent the City an entire plan set, only six sheets were amended. These six plan sheets are available in the "The Rise - Modification Application" section below. The entire plan set is available upon request. However, the other sheets were not amended since first received by the City on March 24, 2022.

March 24, 2022 The Rise - Modification plans received:

Application for Modification:
On March 24, 2022, the City received documents and plans from the Vallco Property Owner LLC (VPO) for modifications to the project approved in September 2018. These are available in the "The Rise - Modification Application" section below.

2021

December 7, 2021 City Manager Update:

CC 12-7-21 CM Larson Vallco Update(DOCX, 21KB)

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 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 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):

*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.

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):

*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(PDF, 476KB)

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(PDF, 635KB)

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(PDF, 489KB)
Attachment(PDF, 453KB)

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(PDF, 170KB)

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(PDF, 600KB)

The Rise - Modification Application

June 21, 2022 The Rise -Technical Corrections

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(PDF, 627KB)
Reissued Attachment C - Modification Conditions of Approval(PDF, 303KB)

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(PDF, 4MB)
Attachment B - Basis for Approval(PDF, 186KB)
Attachment C - Standard Requirements and Project Implementation Requirements(PDF, 301KB)

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:

Soils Investigation Reports and Review

In conjunction with Building Permit review, the City has 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

  • Updated PCB Investigative Report included as Appendix A to 3.5.2021 EMP (see below)

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

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*:

*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.

Correspondence

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(PDF, 590KB)

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(PDF, 596KB)

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(PDF, 121KB)

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(PDF, 896KB)

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(PDF, 195KB)

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(PDF, 273KB)
Attachment to HCD Letter - Attachment(PDF, 453KB)

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(PDF, 365KB)

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(PDF, 600KB)

Litigation

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.

Archived Plans and Technical Information

Submitted on March 27, 2018:

Transmittal Letter(PDF, 70KB)

Cover Letter(PDF, 139KB)

Project Overview and Reference Images(PDF, 5MB)

Renderings(PDF, 6MB)

Project Description:

Plans:

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:

June 1, 2018 Supplement(PDF, 8MB)

Submitted on June 19, 2018:

June 19, 2018 Supplement(PDF, 10MB)

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(PDF, 187KB)

Updated Renderings - 7-31(PDF, 12MB)

Plans:

Tentative Map:

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(PDF, 213KB)

Plans:

Tentative Map:

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(PDF, 232KB)

Plans:

Tentative Map:

Reports:

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(PDF, 73KB)

Preliminary Affordable Housing Plan(PDF, 71KB)

Fiscal Impact Analysis(PDF, 369KB)

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(PDF, 79KB) reflects the submittal, which is available at City Hall.

Frequently Asked Questions

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.

More FAQs

What is SB 35?

Governor Brown signed new housing legislation, including Senate Bill 35 (SB 35), on September 29, 2017. SB 35 changed the local review process for certain development projects by establishing a streamlined, ministerial review and approval process if they meet objective planning standards.

More information on SB 35.

What permits have been applied for and issued for the Vallco Town Center Special Area?

Information about the current permits applied or issued for construction at the Vallco Town Center Special Area is available online at FAQs/Permit Activity – Vallco Town Center

Updates! Frequently Asked Questions (FAQs)

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)(PDF, 420KB)

City of Cupertino Notifications Signup

Contact details

Email

planning@cupertino.gov

Phone

 

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