NEW!

Last night, the Cupertino City Council adopted the Vallco Town Center Specific Plan in a 3-2 vote.

The discussion began at the Council’s September 18, 2018, public meeting. It included a staff presentation followed by consultant presentations, owner statement, Council questions, and public comment period where 72 people spoke.

The meeting was adjourned at 1:50 a.m., after the last public comment, with Council reconvening on September 19, 2018, at 5 p.m. to continue discussion of the item. Council asked questions regarding the EIR, Specific Plan and development agreement, which were answered by staff and consultants.

The following is a summary of the development program and community benefits within the development agreement:

 

TIER 2 DEVELOPMENT PROGRAM

(with "community benefits

density bonus")
(Vallco Property Owner, LLC)

Maximum Residential

(Number of units)

2,668

Minimum Commercial/Retail

(Square feet)

400,000

Minimum Civic/Cultural

Uses (Square feet)

85,000

Maximum Office (Square feet)

1,500,000

Maximum Office Amenity

Space (Square feet)

250,000

Maximum Hotel

(Number of rooms)

191

Minimum Public (on ground)

Open Space (Acres)

6.0

 

Community Benefits List:

  • Performing Arts Center – Vallco would either, at City’s option: (i) build and lease to City a 60,000 square foot “warm shell” space suitable for a performing arts center (PAC), or (ii) pay the City a $22,800,000 in lieu payment.

  • City Hall – Vallco would either (i) demolish the existing City Hall building and then build and deliver to City a 40,000 square foot “warm shell” new City Hall including underground parking, substantially consistent with the City’s 2015 civic center master plan, or (ii) pay the City a $30,000,000 in lieu payment.

  • School District Benefits –

    • FUHSD - Vallco would commit to either (i) build and lease to FUHSD a 25,000 square foot “warm shell” space, or (ii) pay FUHSD a $9,500,000 in lieu payment, with terms to be set forth in a separate agreement to be entered into between Developer and FUHSD.

    • CUSD – Vallco would make a payment to CUSD in the amount of $14,250,000 pursuant to a separate agreement, which would decrease to $9,500,000 if there is a challenge to the Project.

  • Affordable Housing – Vallco would agree that 20% of the residential units would be provided as affordable housing at the following percentages:  15% at extremely low, very low and low income levels and 5% at moderate income level.

  • Transportation Benefits –

    • Vallco would implement a TDM Program.

    • Vallco would pay $11 million to City to fund work in connection with the Wolfe Road/I-280 and the Junipero Serra Bike/Pedestrian Trail.  This would decrease to $5.5 million if there is a challenge to the Project.

    • Vallco would fund up to $1 Million for a 1-year pilot shuttle program and, if successful $750,000 thereafter for 9 years, which would decrease if there is a challenge to the Project.

    • Vallco would provide a mobility/bike hub within the project.

 Detailed information can be found in the City Council’s September 18 agenda at www.cupertino.org/agenda

Frequently Asked Questions (updated 9/4/18)

The City has prepared responses to Frequently Asked Questions related to the preparation of the Vallco Town Center Specific Plan. Click here to view or see FAQS box on the right.

Prior Actions:

The Cupertino City Council reconvened on September 19, 2018, at 5 p.m. in Cupertino Community Hall, 10350 Torre Avenue, to continue its consideration of the Vallco Specific Plan item. The public hearing for this item was closed at the September 18, 2018 meeting. 

On September 18, 2018 at 5:00 p.m. at the Cupertino Community Hall, the City Council began to consider adoption of the Vallco Town Center Specific Plan, and a Development Agreement proposed by the Vallco Property Owner LLC. Although not a development application, meaning that no project will be approved or denied at the meeting, the Specific Plan, if adopted, would create two tiers of possible development within the plan area (see table below). Detailed information can be found in the City Council’s September 18 agenda at www.cupertino.org/agenda and www.cupertino.org/vallco.

 

 

TIER 1 DEVELOPMENT PROGRAM

(without "community benefits density bonus")

TIER 2 DEVELOPMENT PROGRAM

(with "community benefits 
density bonus")

Maximum Residential
(Number of units)

2,034

2,923

Minimum Commercial/Retail
(Square feet)

600,000

485,000

Maximum Office
(Square feet)

750,000

1,500,000

Maximum Office Amenity Space
(
Square feet)

N/A

250,000

Maximum Hotel
(Number of rooms)

339

339

Minimum Civic/Cultural Uses
(
Square feet) (included in commercial/retail above)

None Required

85,000

Minimum Public (on ground) Open Space
(
Acres)

6.0

6.0

Heights
(
depending on location)

45’ – 120’

45’ – 150’

 

The Tier 1 program has a base density allowed by right under the Specific Plan. It retains the existing residential density of 35 dwelling units per acre, minimizes office use, and maximizes commercial/retail development.

The Tier 2 program includes a “community benefits density bonus” as an alternative to the State Density Bonus Law, which allows a maximum residential density bonus of 35% above the base density. Tier 2 would also allow for additional office space and amenities (such as labs and fitness areas), with community benefits would be memorialized in a development agreement.

Both tiers would require six acres of public open space, such as parks, on the ground level.

In addition, an Environmental Impact Report (EIR) prepared to evaluate the environmental effects of the proposed project will also be considered. Adoption of the Plan will require General Plan Amendments, and Municipal Code Amendments and Zoning Actions, all of which will also be considered concurrently.

The Environmental Review Committee met on August 31, 2018 and recommended that the City Council certify the EIR. The Planning Commission met on September 4, 2018 and considered the proposed project. They unanimously recommended that the City Council adopt resolutions regarding the Environmental Assessment, Municipal Code and Zoning amendments required to implement the project. They recommended approval of the General Plan Amendments, Specific Plan and the Development Agreement on a 4-1 vote with a recommendation that the Council consider the addition of a middle tier of development, between Tier 1 and Tier 2, with 2,923 residential units, reduced office allocation and a commensurate reduction in community benefits. The Planning Commission recommended that the community benefits be considered in the following order of preference:

  1. Increase in benefits to the Cupertino Union School District
  2. Maintain benefits to the Fremont Union High School District
  3. Incorporate a 20% Below Market Rate (BMR) component, including 40 Extremely Low Income housing units
  4. Contributions to transportation and traffic improvements
  5. Rebuild City Hall
  6. Construct a Performing Arts Center on-site

The Vallco Specific Plan is separate from the Vallco Town Center SB 35 proposal. Information on that project can be found at www.cupertino.org/vallcosb35.

Planning Commission Recommendation:

The Planning Commission met on Tuesday, September 4, 2018 and adopted:

  1. Resolution No. 6860 recommending that the City Council certify the Final EIR, make CEQA findings, adopt a statement of overriding considerations and adopt a Mitigation Monitoring and Reporting Program on a 5-0 vote;
  2. Resolution No. 6861 recommending that the City Council adopt the proposed General Plan Amendments to allow implementation of the Vallco Town Center Specific Plan with modifications identified in Resolution No. 6861 on a 4-1 (Liu: no) vote;
  3. Resolution No. 6863 recommending that the City Council adopt the proposed Vallco Town Center Specific Plan with modifications identified in Resolution No. 6863 on a 4-1 (Liu: no) vote;
  4. Resolution No. 6864 recommending that the City Council adopt the proposed Municipal Code Text Amendments to allow implementation of the Vallco Town Center Specific Plan on a 5-0 vote; 
  5. Resolution No. 6862 recommending that the City Council adopt the proposed Zoning Map Amendments to allow implementation of the Vallco Town Center Specific Plan on a 5-0 vote; and
  6. Resolution No. 6865 recommending that the City Council adopt the proposed Development Agreement with modifications identified in Resolution No. 6865 on a 4-1 (Liu: no) vote.

The public agenda packet, which includes the staff report and attachments, is available online at www.cupertino.org/agenda

Environmental Review Committee (ERC) Meeting Recommendation:

The Environmental Review Committee met on Friday, August 31, 2018 and recommended that the City Council certify the Vallco Specific Plan Environmental Impact Report.

A recording of the meeting proceedings is available here.

The ERC on a 5-0 vote recommended that the City Council certify the Final EIR as having been prepared in compliance with the California Environmental Quality Act (CEQA). The ERC's determination is available online here.

Vallco Town Center Specific Plan - Public Review Draft

The Public Review Draft of the Vallco Specific Plan, which contains the vision and specific development parameters for redevelopment of the Vallco Special Area, is now available here:

Public Review Complete Draft - All Chapters

Individual Chapters:
Ch 1 - Purpose and Intent - Public Draft 
Ch 2 - Background and Setting - Public Draft
Ch 3 - Vision - Public Draft
Ch 4 - Mobility - Public Draft
Ch 5 - Infrastructure and Public Facilities - Public Draft
Ch 6 - Development Standard - Public Draft
Ch 7 - Admin Implementation and Financing - Public Draft

Environmental Documents  

Final EIR  

On a 4-1 vote on September 19, 2018, the City Council certified the Final Environmental Impact Report (FEIR), adopted CEQA findings, a Statement of Overriding Considerations and adopting and incorporating the mitigation measures into the Project, and adopted a Mitigation Monitoring and Reporting Program The Final Environmental Impact Report (FEIR) for the Vallco Specific Plan,  which is available here:

Vallco Final EIR - Part 1
Vallco Final EIR - Part 2

Appendices:

Appendix A - Air Quality Modeling Memo 
Appendix B - Revised Project Traffic Memo 
Appendix C - Please visit this link for the original Public Comments

Recirculated Amendment to Draft EIR

The Recirculated Amendment to the Draft Environmental Impact Report (EIR) for the Vallco Special Area Specific Plan Project was available for a 45-day public review period until Monday, August 20, 2018 at 5:30 p.m. 

The City held a meeting on Tuesday, August 7, 2018 at Cupertino Community Hall, to receive comments on the Draft EIR Amendment. A recording of the meeting is available online here.

The Notice of Availability of the Draft EIR Amendment is online here

Draft EIR Amendment:

Vallco Special Area Specific Plan EIR Amendment

Appendices:

Appendix A - Supplemental Air Quality and Greenhouse Gas Assessment
Appendix B - Supplemental Noise and Vibration Assessment
Appendix C - Supplemental Traffic Impact Analysis
Appendix D - Revised Water Supply Assessment

Draft Environmental Impact Report

The Draft Environmental Impact Report (EIR) for the Vallco Special Area Specific Plan Project was available for a 45-day public review period until Monday, July 9, 2018 at 5:30 p.m. 

The City held a meeting on Tuesday, June 19, 2018 to receive comments on the Draft EIR. A recording of meeting is available online here

The Notice of Availability of the Draft EIR is online here

Draft EIR:

Vallco Special Area Specific Plan Draft EIR

Appendices:

Appendix A - Notice of Preparation
Appendix A - NOP Comments - Part 1
Appendix A - NOP Comments - Part 2
Appendix A - NOP Comments - Part 3
Appendix A - NOP Comments - Part 4
Appendix A - NOP Comments - Part 5
Appendix A - NOP Comments - Part 6
Appendix A - NOP Comments - Part 7
Appendix A - NOP Comments - Part 8
Appendix A - NOP Comments - Part 9
Appendix B - Air Quality and GHG Assessment
Appendix C - Arborist Reports and Peer Review
Appendix D - Geotechnical Feasibility Investigation
Appendix E - Phase 1 - Part 1
Appendix E - Phase 1 - Part 2
Appendix F - Noise and Vibration Assessment
Appendix G - School Impact Analysis
Appendix H - Transportation Impact Analysis - Part 1
Appendix H - Transportation Impact Analysis - Part 2
Appendix I -   Utility Studies - Water, Recycled Water and Sewer 

What's after Charrette 2? June 4th study session.

City staff and city's consultant team will present a report of the work done so far to City Council at a study session on Monday, June 4th at 4 pm, Community Hall. From there, this will assist our team in concisely working on next steps. 

What is a Specific Plan?

The specific plan creates objective standards and rules of development, such as heights, massing, building locations, public spaces and location of uses. The plan would include graphics to illustrate the standards and rules. In creating a specific plan, the community, the City and its consultants are not designing the project. Like the Cupertino Municipal Code, which contains development rules for other neighborhoods, these rules would apply to the current owner of Vallco and any future owner or owners.  It helps the city prepare for the future, regardless of ownership.

Your comments and questions welcomed

The first draft of specific plan program and design options, presented on 4/13/2018, are now posted on the project website: www.envisionvallco.org 

Each option requests comments and questions, which will help us refine the drafts for charrette 2 and create information for frequently asked questions, as the dialogue and work needed continues.

 

Why is the city's specific plan process more important than ever, even though the city received an SB 35 application from the developer?

The Specific Plan creates an ongoing opportunity for negotiation of design details, a development agreement and community amenities. There is no path for negotiation in the SB 35 application process. Community members are encouraged to continue to stay engaged in the design and planning process of the Vallco Special Area.  

Get Involved!

There will be many more opportunities for you to be involved and share your comments, thoughts and ideas. Consider signing up for e-notifications to receive timely updates via email. You can also sign up on the new project website http://envisionvallco.org for more updates.

IMPORTANT NOTICE:

Please be advised that pursuant to Cupertino Municipal Code 2.08.100, written communications sent to the Cupertino City Council, Commissioners or City staff concerning a matter on the agenda are included as supplemental material to the agendized item. These written communications are accessible to the public through the City's website and kept in packet archives. You are hereby admonished not to include any personal or private information in written communications to the City that you do not wish to make public; doing so shall constitute a waiver of any privacy rights you may have on the information provided to the City.

Project Archive - Past meetings/documents

For archived information on this project, please visit the archive webpage by clicking here: Vallco Specific Plan Archive.