9212 Report Appendices9212 Report – City of Cupertino June 2016 | Appendix 1
Appendix 1
Appendix 1A: Text of Proposed Initiative
Appendix 1B: City Attorney’s Official Title and Summary
Appendix 1C: Notice of Intent to Circulate Petition
INITIATIVE MEASURE TO BE SUBMITED DIRECTLY TO THE VOTERS
passive community-oriented uses , help to visually integrate the plan area with the
surrounding public streets , buffer the plan area , reduce the area 's urban heat island effect,
minimize water run-off and water and air quality impacts , and improve the energy
efficiency of the buildings .
8. The Specific Plan area presents a unique opportunity to solve the City 's sustainability
challenges -economic , social , and environmental -through smart technologies and data.
The Specific Plan shall seek to integrate physical , digital and human systems in the built
environment to deliver a sustainable , prosperous and inclusive future for Cupertino
residents. The goal for the Specific Plan area is to positively benefit the community
through smart city development strategies , and its program , design , and operations will
be the basis for this benefit.
9 . The Specific Plan will also provide additional , substantial public benefits and
improvements . This includes new development under the Specific Plan to provide-in
addition to the maximum state-mandated school fees-additional benefits to schools of
approximately $40 million to enhance Cupertino's excellent schools , such as a new High
School Science and Engineering Innovation Center, solutions to create net additional
enrollment capacity to enhance the quality of instruction and student learning , and space
dedicated to local adult education programs. The Specific Plan also provides for
charitable/civic space , including for local non-profits and civic organizations ; dedicated
senior housing units ; an amphitheater to host outdoor concerts and movie nights ; a
destination play space for children ; banquet and event space for large and small events ;
effective traffic solutions for pre -existing and future conditions (including spearheading
and providing substantial funding for a free community shuttle in partnership with local
employers and transit agencies , a new transit center, and a stringent vehicle trip reduction
program through a comprehensive Transportation Demand Management plan); as well as
very substantial economic and fiscal benefits in the form of one-time construction-related
tax revenues to the City and new recurring property taxes , transient occupancy taxes , and
retail sales taxes annually to the City.
10. The goals , policies , and mandatory design features in the Specific Plan adopted by this
Initiative , which includes required environmental design features , will ensure that the
actions approved by this Initiative will be environmentally sound and in compliance with
the City's policies , guidelines , and standards.
11. The provisions of this Initiative , including the adoption of the Specific Plan, are in the
public interest and are consistent with the General Plan as amended by this Initiative .
Specific Plan consistency with the amended General Plan is shown in Exhibit D hereto .
12 . This Initiative serves the public health , safety , and welfare of Cupertino residents , as well
as people in the surrounding region .
B . Purpose . The purpose of this Initiative is ensure that , consistent with the City 's General
Plan , the failed Vallco Shopping District Special Area can be redeveloped into a vibrant ,
sustainable , walkable and safe new neighborhood with a mix of retail , dining ,
entertainment, recreation , offices , housing , open space , educational , civic , and public
amenities , with exceptional community benefits and high-quality design , that will
improve the quality of life of Cupertino residents.
Section 3 . City of Cupertino General Plan Amendments.
The voters hereby amend the City of Cupertino General Plan as follows (new language to be
inserted into the General Plan is shown as underlined text and language to be deleted is shown in
strikethrough text; language shown in regular or bold type reflects the existing General Plan text
and is provided for informational/reference purposes):
A . Amendments to the Land Use and Community Design Element.
The Land Use and Community Design Element of the Cupertino General Plan is amended as
follows :
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INITIATIVE MEASURE TO BE SUBMITED DIRECTLY TO THE VOTERS
The section titled "Vallco Shopping District Special Area," which is within the "Special Areas"
subsection of the "Planning Areas Goals and Policies" section of the Land Use and Community
Design Element, is amended as follows:
Vallco Shopping District Special Area
The City envisions a complete redevelopment of the existing Vallco Fashion Mall into a
vibrant mixed -use "town center" that is a focal point for regional visitors and the
community. This new Vallco Shopping District will become a destination for shopping,
dining and entertainment in the Santa Clara Valley.
GOAL LU-19
CREA TE A DISTINCT AND MEMORABLE MIXED-USE "TOWN CENTER" THAT
IS A REGIONAL DESTINATION AND A FOCAL POINT FOR THE COMMUNITY
Policy LU-19.1: Specific Plan
Create a Vallco Shopping District Town Center Specific Plan prior to any development
on the site that lays out the land uses , design standards and guidelines , and infrastructure
improvements required . The Specific Plan will be based on the following strategies:
Strategy LU-19.1.1: Master Developer. Redevelopment will require a master
developer in order remove the obstacles to the development of a cohesive district
with the highest levels of urban design .
Strategy LU-19.1.2: Parcel assembly . Parcel assembly and a plan for complete
redevelopment of the site are required prior to adding residential and office uses.
Parcelization is highly discouraged in order to preserve the site for redevelopment
in the future, unless parcelization includes adequate protective measures to
provide incentives and guidelines for cooperation among owners.
Strategy LU-19.1.3: Complete Redevelopment . The "town center" plan should
be based on complete redevelopment of the site in order to ensure that the site can
be planned to carry out the community vision.
Strategy LU -19.1.4: Land use . To carry out the City 's vision for a vibrant
mixed-use "town center,'' the Vallco Town Center Specific Plan shall require a
mix of the following uses on the site The following uses are allo';ved on the site
(see Figure LU-1 for residential densities and criteria):
1. Retail: High-performing retail , restaurant and entertainment uses.
Maintain a minimum of 600 ,000 square feet of retail that provide a good
source of sales tax for the City. Entertainment uses may be included but
shall consist of no more than 30 percent of retail uses.
2. Hotel: Encourage Provide a business class hotel with conference center
and active uses including main entrances , lobbies , retail and restaurants
on the ground floor.
3 . Residential: A+l-ew Maintain residential on upper floors with retail and
active uses on the ground floor. Encourage a mix of units for young
professionals , couples and active seniors who like to live in an active
"town center" environment. The residential component of the project
shall dedicate the greater of 80 units, or 20% of the total units, as senior
housing (in compliance with state and federal law).
4. Office: Encourage Maintain high -quality office space arranged in a
pedestrian-oriented street grid with active uses on the ground floor ,
publicly-accessible streets and plazas/ green space. A minimum of
100,000 square feet shall be set aside for incubator, co -work space
and /or multi-tenant spaces for start-ups, mid-sized companies and /or
new and emerging technologies, with preference for local companies.
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INITIATIVE MEASURE TO BE SUBMITED DIRECTLY TO THE VOTERS
5. Public, Quasi-Public, Open Space and Parks: Require property owner(s)
to provide generous amounts of parks and open space, educational
facilities, community gathering spaces, civic uses, public art, and
community event spaces.
In addition, the following uses are allowed on the site, although not required:
Amenities : Amenities that are complementary or ancillary to any of the permitted
uses, such as, but not limited to, cafeterias, lobbies , community halls, or meeting
spaces are also permitted.
Strategy LU-19.1.5: "Town Center" layout. Create streets and blocks laid out
using "transect planning" (appropriate street and building types for each area),
which includes a discernible center and edges , public space at center , high quality
public realm , and land uses appropriate to the street and building typology .
Strategy LU-19.1.6: Connectivity. Provide a newly configured complete street
grid hierarchy of streets , boulevards and alleys that is pedestrian-oriented ,
connects to existing streets , and creates walkable urban blocks for buildings and
open space. It should also incorporate transit facilities , provide connections to
other transit nodes and coordinate with the potential expansion of Wolfe Road
bridge over Interstate 280 to continue the walkable , bikeable boulevard concept
along Wolfe Road. The project should shall also contribute towards a study and
improvements to a potential Interstate 280 trail along the drainage channel south
of the freeway and provide pedestrian and bicycle connections from the project
sites to the trail. Any project that fully redevelops the existing mall in the Vallco
Shopping District shall also fund transportation and transit infrastructure that
provides effective traffic solutions, including providing approximately $30
million toward planned transportation improvements at the I-280 and Wolfe Road
interchange and other I-280 segments, partnering with local employers and transit
agencies to provide a free community shuttle, providing an on-site transit center
and/or mobility hub, and implementing a transportation demand management plan
with an overall target of reducing office-generated weekday peak hour trips by 30
percent below applicable Institute of Transportation Engineers Office Use trip
generation rates. This transportation and transit funding obligation shall not apply
to any hotel project.
Strategy LU-19.1.7: Existing streets. Improve Stevens Creek Boulevard and
Wolfe Road to become more bike and pedestrian-friendly with bike lanes , wide
sidewalks , street trees , improved pedestrian intersections to accommodate the
connections to Rosebowl and Main Street.
Strategy LU-19.1.8: Open space. Open space in the form of a central town
square on the west and east sides of the district interspersed with plazas and
"greens" that create community gathering spaces , locations for public art , and
event space for community events.
Strategy LU-19.1.9: Building form. Buildings should have high-quality
architecture , and an emphasis on aesthetics , human scale , and create a sense of
place. Taller buildings should provide appropriate transitions to fit into the
surrounding area.
Strategy LU-19.1.10: Gateway character. High-quality buildings with
architecture and materials befitting the gateway character of the site. The project
should provide gateway signage and treatment.
Strategy LU-19.1.11: Phasing plan. A phasing plan that lays out the timing of
infrastructure , open space and land use improvements that ensures that elements
desired by the community are included in early phases .
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INITIATIVE MEASURE TO BE SUBMITED DIRECTLY TO THE VOTERS
Strategy LU-19.1.12: Parking. Parking in surface lots shall be located to the side
or rear of buildings. Underground parking beneath buildings is preferred . Above
grade structures shall not be located along major street frontages. In cases , where
above-grade structures are allowed along internal street frontages , they shall be
lined with retail , entries and active uses on the ground floor. All parking
structures should be designed to be architecturally compatible with a high-quality
"town center" environment.
Strategy LU-19.1.13: Trees. Retain trees along the Interstate 280, Wolfe Road
and Stevens Creek Boulevard to the extent feasible , when new development are
proposed .
Strategy LU-19.1.14: Neighborhood buffers. Consider buffers such as setbacks ,
landscaping and /or building transitions to buffer abutting single-family residential
areas from visual and noise impacts .
Strategy LU-19.1.15: Green Roof and Recycled Water. To further enhance
and complement the open space requirements set forth in Strategy LU-19.1.8 and
to provide an exceptional community benefit, a publicly accessible green roof is
required for the portion of a project that fully redevelops the existing mall within
the Vallco Shopping District. The green roof shall be at least 30 acres in size with
a minimum of 3.8 miles of publicly accessible trails. To minimize the water
demand associated with a green roof, the use of recycled water and drought
tolerant and native landscaping that thrives on little to no irrigated water will be
utilized. To meet this obligation, future recycled water service shall be extended
to the Vallco Shopping District by the developer. These requirements shall not
apply to any hotel project.
B. Amendments to the Infrastructure Element.
Policy INF-2.5 ("Recycled Water Infrastructure") of the Infrastructure Element is amended as
follows:
Policy INF-2.5: Recycled Water Infrastructure
Plan for citywide access to recycled water and encourage its use.
Strategy INF-2.5.1: Availability. Expand the availability of a recycled water
system through public infrastructure projects and development review.
Strategy INF-2.5.2: Use. Encourage private and public projects to incorporate
the use of recycled water for landscaping and other uses.
Strategy INF-2.5.3: City Facilities. Design and retrofit City buildings , facilities
and landscaping to use recycled water, to the extent feasible.
Strategy INF-2.5.4: Valko Town Center Specific Plan. Require that any
project that fully redevelops the existing mall within the Vallco Shopping District
extend the recycled water line to the area covered by the Vallco Town Center
Specific Plan and maximize use of recycled water. This requirement shall not
apply to any hotel project within the Vallco Town Center Specific Plan area.
C. Amendments to Appendix A.
Appendix A ("Land Use Definitions") to the General Plan is amended to include the following
new land use category:
Valko Town Center Specific Plan
The Vallco Town Center Specific Plan designation applies to the Vallco Shopping
District Special Area, and allows a mix of uses, including retail, restaurant
entertainment, residential, office, hotel, public (including civic), quasi-public,
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INITIATIVE MEASURE TO BE SUBMITED DIRECTLY TO THE VOTERS
educational, parks, open space, and amenities. Projects developed under this designation
must be consistent with the Vallco Town Center Specific Plan.
D . Amendments to the Land Use Map.
The existing "City of Cupertino Land Use Map ," a copy of which is attached hereto for
informational purposes only at page A-1 of Exhibit A hereto , is amended to redesignate the
approximately 58 acre Property from Commercial/Office/Residential to Vallco Town Center
Specific Plan , as set forth on page A-3 of Exhibit A.
Section 4. City of Cupertino Municipal Code Amendments.
The voters hereby amend the City of Cupertino Municipal Code as follows (new language to be
inserted into the Municipal Code is shown as underlined text and language to be deleted is shown
in strikethrough text; language shown in regular type reflects the existing Municipal Code text
and is provided for informational/reference purposes):
A new chapter titled "Vallco Town Center Specific Plan (VTCSP) Zone ," is added to Title 19
("Zoning") of the Municipal Code , as follows:
As envisioned by the General Plan, a zoning district entitled the "Vallco Town Center
Specific Plan" district (VTCSP) is established as shown on the official zoning district
map of City of Cupertino. The VTCSP zoning district implements the Vallco Town
Center Specific Plan, incorporated by reference, a copy of which shall be on file in the
office of the city clerk. The Vallco Town Center Specific Plan includes architectural and
design guidelines, site development standards, public facility improvement plans ,
environmental design features and other development standards that satisfy zoning code
requirements. The standards, guidelines and improvement plans contained in the Vallco
Town Center Specific Plan shall govern the VTCSP zoning district. When the Vallco
Town Center Specific Plan does not provide specific standards and /or procedures for
review, approval and /or administration of development projects, the standards and
procedures in this code shall apply, provided, however, that in no event shall application
of the standards or procedures in this code frustrate or inhibit development of the Vallco
Town Center Specific Plan .
Section 19 .16.110 ("Zoning Districts Designated") of Chapter 19 .16 ("Designation and
Establishment of Districts ") of Title 19 ("Zoning") the Municipal Code , is amended to add the
following Zoning Map Designation and District Name: VTCSP Vallco Town Center Specific
Plan.
Section 19.156.040 ("Planned Development Permit and Conditional Use Permit-Findings and
Conditions") of Chapter 19.156 ("Development Permits , Conditional Use Permits and
Variances") of Title 19 ("Zoning") of the Municipal Code , is amended as follows:
A. The decision maker may grant a planned development permit or a conditional use
permit only if all of the following findings are made:
1. The proposed development and /or use , at the proposed location, will not be
detrimental or injurious to property or improvements in the vicinity, and will
not be detrimental to the public health, safety , general welfare , or
convenience ;
2. The proposed development and /or use will be located and conducted in a
manner in accord with the Cupertino Comprehensive General Plan,
underlying zoning regulations , and the purpose of this title and complies with
the California Environmental Quality Act (CEQA).
B . For purposes of granting a conditional use permit to increase residential units
within the Vallco Town Center Specific Plan district above the number of units
specified in the Housing Element for the Vallco Shopping District Special Area,
the conditional use permit shall be granted if the above findings are made. For
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INITIATIVE MEASURE TO BE SUBMITED DIRECTLY TO THE VOTERS
purposes of finding (A)(l), the increase in residential units within the Vallco Town
Center Specific Plan district shall be deemed not to be detrimental to the public
health, safety, general welfare, or conven ience if there are no new significant and
unavoidable impacts beyond those identified in the Environmental Impact Report
prepared for the Gen eral Plan : Community Vision 2015 -2040, as to the
residential units.
Section 20 .04.040 ("Zoning District Applicable to a Specific Plan") of Chapter 20 .04 ("Specific
Plans") of Title 20 ("General and Specific Plans") of the Municipal Code , is amended as follows:
All areas governed by a specific plan, with the exception of the Vallco Town Center
Specific Plan area, shall be zoned as a planned development (P) zoning district under
Chapter 19 .48 of the City's Ordinance Code and all regulations governing land use
approvals in a planned development zone shall be applicable to specific plans . A
proposal for specific plan may be combined with any application for land use
entitlements in the City's planned development zoning districts.
The existing "City of Cupertino Zoning Map ," a copy of which is attached for informational
purposes only at page B-1 of Exhibit B hereto , is amended to change the Property 's zoning from
P(Regional Shopping) and P(CG) to VTCSP(Vallco Town Center Specific Plan), as set forth on
page B-3 of Exhibit B.
Section 5. Adoption of the Valko Town Center Specific Plan.
The Vallco Town Center Specific Plan, attached hereto as Exhibit C , is hereby adopted . The
full text of Exhibit C commences on page C-1 of this Initiative.
Section 6. Implementation of the Initiative.
A. Upon the effective date of this Initiative , the City is directed to promptly take all
appropriate actions needed to implement this Initiative . This Initiative is considered
adopted and effective upon the earliest date legally possible after the Elections Official
certifies the vote on the Initiative by the voters of the City of Cupertino .
B . Upon the effective date of this Initiative , the provisions of Section 3 are hereby inserted
into the General Plan ; except that if the four amendments of the General Plan permitted
by state law for any calendar year have already been utilized in the year in which this
Initiative becomes effective , the General Plan amendments set forth in this Initiative shall
be the first amendments inserted into the General Plan on January 1 of the next year.
C . The General Plan in effect on the date of filing of the Notice oflntent to Circulate this
Initiative ("Filing Date"), and the General Plan as amended by this Initiative , comprise an
integrated , internally consistent and compatible statement of policies for the City. To
ensure that the City 's General Plan remains an integrated , internally consistent and
compatible statement of policies for the City , any provision of the General Plan that is
adopted between the Filing Date and the effective date of the General Plan amendments
adopted by this Initiative shall , to the extent that such interim-enacted provision is
inconsistent with the General Plan amendments adopted by this Initiative , be amended as
soon as possible and in the manner and time required by state law to ensure consistency
between the provisions adopted by the Initiative and other elements of the General Plan.
Section 7. Effect of Other Measures on the Same Ballot.
In approving this Initiative , it is the voters ' intent to create a comprehensive regulatory plan to
govern the future use and development of the Vallco Town Center Specific Plan area. To ensure
that this intent is not frustrated , this Initiative is presented to the voters as an alternative to , and
with the express intent that it will compete with, any and all voter initiatives placed on the same
ballot as this Initiative and which, if approved , would regulate the use or development of
property within the Vallco Town Center Specific Plan area in any manner whatsoever (each, a
"Conflicting Initiative"). In the event that this Initiative and one or more Conflicting Initiatives
are adopted by the voters at the same election, then only that measure which receives the greatest
number of affirmative votes shall control in its entirety and said other measure or measures shall
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INITIATIVE MEASURE TO BE SUBMITED DIRECTLY TO THE VOTERS
be rendered void and without any legal effect. In no event shall this Initiative be interpreted in a
manner that would permit its operation in conjunction with any , including the non-conflicting ,
provisions of any Conflicting Initiative. If this Initiative is approved by the voters but
superseded by law in whole or in part by any other Conflicting Initiative approved by the voters
at the same election, and such Conflicting Initiative is later held invalid , this Initiative shall be
self-executing and given full force of law .
Section 8. Interpretation and Severability.
A. This Initiative must be interpreted so as to be consistent with all federal and state laws ,
rules , and regulations. If any section, sub-section, sentence , clause , phrase , part, or
portion of this Initiative is held to be invalid or unconstitutional by a final judgment of a
court of competent jurisdiction, such decision does not affect the validity of the
remaining portions of this Initiative. The voters declare that this Initiative , and each
section , sub-section , sentence , clause , phrase , part, or portion thereof, would have been
adopted or passed irrespective of the fact that any one or more sections , sub-sections ,
sentences , clauses , phrases , part , or portion is found to be invalid. If any provision of this
Initiative is held invalid as applied to any person or circumstance , such invalidity does
not affect any application of this Initiative that can be given effect without the invalid
application.
B. If any portion of this Initiative is held by a court of competent jurisdiction to be invalid ,
we the People of the City of Cupertino indicate our strong desire that: (i) the City Council
use its best efforts to sustain and re-enact that portion, and (ii) the City Council
implement this Initiative by taking all steps possible to cure any inadequacies or
deficiencies identified by the court in a manner consistent with the express and implied
intent of this Initiative , including adopting or reenacting any such portion in a manner
consistent with the intent of this Initiative.
C. This Initiative must be broadly construed in order to achieve the purposes stated above .
It is the intent of the voters that the provisions of this Initiative be interpreted and
implemented by the City and others in a manner that facilitates the purpose set forth in
this Initiative.
Section 9. Amendment.
Prior to January 1, 2027 , the provisions of this Initiative , including but not limited to the Valko
Town Center Specific Plan that it adopts , can be amended or repealed only by a majority of the
voters of the City voting in an election held in accordance with state law. On or after January 1,
2027 , a vote of the people shall not be required to amend or repeal any portion of this Initiative ,
and this Initiative may be amended or repealed by any procedure otherwise authorized by law.
Section 10. List of Initiative Exhibits.
The following exhibits to this Initiative are incorporated herein by reference:
Exhibit A -Amendment to General Plan Land Use Map
Exhibit B -Amendment to Zoning Map
Exhibit C-Vallco Town Center Specific Plan
Exhibit D -General Plan Consistency Chart
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9212 Report – City of Cupertino Appendix 1B | Page 1
CITY ATTORNEY’S BALLOT TITLE AND SUMMARY FOR PROPOSED INITIATIVE
SUBMITTED ON MARCH 3, 2016
TITLE: Initiative adopting the Vallco Town Center Specific Plan to (1) provide that the Vallco
Shopping District Special Area (“Area”) contains a mixture of residential, office, retail, civic and
education uses; (2) require any development to fund or provide community benefits such as
transit, schools, a green roof, and recycled water; and (3) grant the property owner initial
entitlements to develop in accordance with the Initiative and establish a process for future
approvals; and making related amendments to Cupertino’s General Plan and Municipal Code.
SUMMARY: The Initiative involves the property designated in Cupertino’s General Plan
(Community Vision 2015 – 2040) as the Vallco Shopping District Special Area. Fifty-one acres
of the 58-acre property are currently occupied by the Vallco Shopping Mall. The General Plan
envisions redevelopment of the Area as a mixed-use project, sets forth development allocations,
goals, policies and strategies, and requires adoption of a specific plan prior to any development.
The Initiative states that it implements and fulfills the requirements of the General Plan and the
vision of the community by approving the Vallco Town Center Specific Plan (“Specific Plan”)
establishing a mix of retail, dining, entertainment, recreation, offices, housing, hotel, education,
civic, public open space, and amenities. The Initiative includes associated amendments to the
General Plan and City of Cupertino Municipal Code.
The Initiative:
(1) States that it would entitle the property owners to develop the Area in accordance
with the Specific Plan, exempt the Area from provisions of the Municipal Code not provided in
the Specific Plan, and establish process for future approvals;
(2) Adopts a Specific Plan establishing development features for the Area including:
(a) 389 residential units (minimum 20% senior apartments), which may be
increased through a Conditional Use Permit process up to the General Plan
allocations if there are no significant and unavoidable impacts beyond
those identified in the General Plan Environmental Impact Report;
(b) 2,000,000 square feet (“sf”) of office space (minimum of 100,000 sf of
incubator space for businesses);
(c) 640,000 sf of commercial space (regional retail, entertainment, and
personal service);
(d) 100,000 (minimum 50,000) sf of public/civic space;
(e) Two Town Centers (3-acre minimum);
APPENDIX 1B
9212 Report – City of Cupertino Appendix 1B | Page 2
(f) 30 acres minimum of Community Park and Nature Area or “green roof”
(3.8 miles minimum to be publicly accessible trails), with drought tolerant
landscaping and recycled water infrastructure;
(g) 9,060 parking spaces below, above, and at grade level;
(h) 80 feet (maximum) building height west of Wolfe Road and 95 feet
(maximum) building height east of Wolfe Road, scaled to minimize
impacts on residential; and
(i) 191 hotel rooms (in addition to a previously approved hotel).
(3) Requires any development, other than on two sites proposed for hotels, to fund
community benefits which may be incorporated into a development agreement, including
transportation improvements ($30 million for I-280, a free shuttle, transit center, and
bike/pedestrian trails), 5,000 square feet of charitable civic space, and no less than 10 times what
is legally required for schools (approximately $40 million);
(4) Changes standards for “parcelization” (division of the property into smaller parcels);
and
(5) States that, until January 1, 2027, its provisions may only be amended or repealed by
the voters.
APPENDIX 1C
9212 Report – City of Cupertino Appendix 2 | Page 1
APPENDIX 2
SECTION-BY-SECTION DESCRIPTION AND SUMMARY OF INITIATIVE
This Appendix to the 9212 Report summarizes and describes each part of the
Initiative. It was prepared by the City Attorney’s office and outside counsel with the assistance
of City planning staff. The text of the Initiative without its exhibits is set forth in Appendix 1A.
The full text of the Initiative, including all exhibits, is over 300 pages long and is available on the
City’s website.
The Initiative states that it seeks to achieve its stated purposes by amending
various provisions of the City of Cupertino’s General Plan (Community Vision 2015-2040) and
Municipal Code, as well as adopting the Vallco Town Center Specific Plan. California law
requires each city and county to adopt and maintain a “general plan” that establishes permissible
land uses and maximum development densities and intensities for all properties within that
jurisdiction. A city’s general plan effectively serves as its living “constitution” for all future land
use decisions. Under state law, except for provisions adopted by initiative that require voter
approval to change, a city council can amend the general plan up to four times per year, and may
amend a specific plan as often as the city deems necessary, provided that the specific plan
remains consistent with the general plan. A city can amend its municipal code as provided in
state law.
The Initiative’s proposed amendments to Cupertino’s General Plan and Municipal
Code, as well as the proposed Specific Plan, are described below in Part III. Where helpful to
show the changes made by the Initiative, this summary adopts the Initiative’s practice of
showing proposed deletions to the existing General Plan in strikethrough and new language
inserted by the Initiative in underline.
I. Section 1. Title. (Page 1 of the Initiative)
Section 1 of the Initiative sets forth the title proposed by the Initiative proponents:
“The Vallco Town Center Specific Plan Initiative.” As is often the case, this title differs from the
official title prepared by the City Attorney pursuant to Elections Code section 9203, which
requires the City Attorney to prepare “a true and impartial statement of the purpose of the
proposed measure in such language that the ballot title shall neither be an argument, nor be likely
to create prejudice, for or against the proposed measure.”
The City Attorney’s official ballot title reads as follows: “Initiative adopting the
Vallco Town Center Specific Plan to (1) provide that the Vallco Shopping District Special Area
(“Area”) contains a mixture of residential, office, retail, civic and education uses; (2) require any
development to fund or provide community benefits such as transit, schools, a green roof, and
recycled water; and (3) grant the property owner initial entitlements to develop in accordance
with the Initiative and establish a process for future approvals; and making related amendments
to Cupertino's General Plan and Municipal Code.”
The City Attorney’s full ballot title and summary for the Initiative is set forth in
Appendix 1B.
9212 Report – City of Cupertino Appendix 2 | Page 2
II. Section 2. Findings and Purpose. (Pages 1-2 of the Initiative)
Section 2 of the Initiative contains the Initiative’s proposed “findings and
purpose.” Section 2(A) sets forth the proposed “findings,” which summarize the proponents’
rationale for why the Initiative is needed at this time. Further information regarding the
proponents’ reasons for proposing the Initiative are set forth in the Notice of Intent to Circulate
Petition that the proponents submitted when they requested the official title and summary. The
Notice of Intent is reproduced in Appendix 1C.
If the Initiative is adopted, these findings could help guide the City Council, or the
courts in the event of a legal challenge, in determining how to interpret and apply any
ambiguities in the provisions set forth in the Initiative.
Section 2(B) sets forth the Initiative’s “purpose,” which is to: “ensure that,
consistent with the City’s General Plan, the failed Vallco Shopping District Special Area can be
redeveloped into a vibrant, sustainable, walkable and safe new neighborhood with a mix of retail,
dining, entertainment, recreation, offices, housing, open space, educational, civic, and public
amenities, with exceptional community benefits and high-quality design, that will improve the
quality of life of Cupertino residents.” The Initiative seeks to achieve this purpose by amending
various provisions of the General Plan and Municipal Code, and adopting the Vallco Town
Center Specific Plan.
Like the “findings” in Section 2(A), this stated purpose could help guide the City
Council, or the courts in the event of a legal challenge, in determining how to interpret and apply
any ambiguities in the General Plan amendments set forth in the Initiative. The City Council,
however, has broad discretion to interpret any ambiguities in the General Plan and to balance
competing policies, goals, and provisions of the General Plan, whether adopted by the Initiative
or otherwise. San Francisco Tomorrow v. City and County of San Francisco (2014) 229
Cal.App.4th 498, 513-16. The City Council has the same broad discretion with respect to its
Municipal Code and any specific plan.
III. Section 3. City of Cupertino General Plan Amendments. (Pages 2-6 and
Exhibit A of the Initiative)
Section 3 of the Initiative sets forth the proposed changes to the General Plan. The
changes are contained in four sub-sections. The first two sub-sections (A and B) contain
amendments to two “elements” of the General Plan. The third sub-section (C) contains
amendments to the General Plan’s Appendix A (“Land Use Definitions”). The fourth sub-section
(D) contains amendments to the General Plan’s Land Use Map.
A. Section 3(A): Amendments to the Land Use and Community Design
Element (Pages 2-5 of the Initiative)
This section amends several provisions in the “Vallco Shopping District Special
Area” subsection of the Land Use and Community Design Element (General Plan Chapter 3). As
the current General Plan explains, Chapter 3 “is the keystone” of the General Plan. “It unifies
and informs the other Elements by providing an overall policy context for future physical
9212 Report – City of Cupertino Appendix 2 | Page 3
change.” The “Vallco Shopping District Special Area” subsection describes the City’s vision for
redeveloping the existing Vallco Fashion Mall into a “vibrant mixed-use ‘town center’ that is a
focal point for regional visitors and the community.” To achieve this vision, the General Plan
requires the creation of a Specific Plan to govern development of the Vallco site and sets forth
fourteen “strategies” to be incorporated into the Specific Plan.
The Initiative changes the name of the required specific plan to “Vallco Shopping
District Town Center Specific Plan.” It also amends several of the strategies and adds a fifteenth
strategy. Among other things, the Initiative:
¥ Provides an exception to the general rule that “parcelization,”: i.e., dividing land
into smaller parcels, “is highly discouraged” in the Specific Plan area. The
exception would permit “parcelization” whenever it “includes adequate protective
measures to provide incentives and guidelines for cooperation among owners.”
¥ Requires (rather than allows) certain uses within the Specific Plan Area. For
example:
¥ The Initiative deletes the phrase, “The following uses are allowed on the
site,” and replaces it with, “the Vallco Town Center Specific Plan shall
require a mix of the following uses on the site” (emphasis added).
¥ Similarly, the Initiative would require (rather than encourage) a hotel;
require “[a] minimum of 100,000 square feet shall be set aside for
incubator, co-work space and/or multi-tenant spaces for start-ups, mid-
sized companies and/or new and emerging technologies, with preference
for local companies”; and require the developer to “dedicate the greater of
80 [residential] units, or 20% of the total [residential] units, as senior
housing (in compliance with state and federal law).”
¥ Instead of “allow[ing] residential on upper floors with retail and active
uses on the ground floor,” the Initiative requires that this residential
development to be “maintain[ed].” Similarly, the Initiative replaces
“encourage” with “maintain” in describing the requirements for office
space (“Encourage Maintain high quality office space arranged in a
pedestrian-oriented street grid with active uses on the ground floor,
publicly-accessible streets and plazas/green space,”)1
¥ The Initiative also adds a new land use requirement that “property
owner(s) … provide generous amounts of parks and open space,
educational facilities, community gathering spaces, civic uses, public art,
and community even spaces,” and permits, but does not require, additional
1 It is unclear what proponents mean by maintain in this context, because there is currently no
residential. It appears this is a requirement to create and keep in place residential and office
space.
9212 Report – City of Cupertino Appendix 2 | Page 4
“amenities,” such as cafeterias, lobbies, community halls, or meeting
spaces.
¥ Adds a new transportation and transit funding requirement, which provides,
among other things, that “[a]ny project that fully redevelops the existing mall in
the Vallco Shopping District shall also fund transportation and transit
infrastructure that provides effective traffic solutions, including providing
approximately $30 million toward planned transportation improvements at the I-
280 and Wolf Road interchange and other I-280 segments, partnering with local
employers and transit agencies to provide a free community shuttle. . . .” This
transportation and transit funding requirement does not apply to any hotel project.
¥ Adds a new strategy, “Strategy LU-19.1.15: Green Roof and Recycled Water”
requiring the developer to: (1) provide a public green roof at least 30 acres in size,
with drought tolerant landscaping, and a minimum of 3.8 miles of publicly
accessible trails; and (2) extend recycled water service to the Vallco Shopping
District. As with the transportation and transit funding, these new green roof and
recycled water requirements do not apply to any hotel project.
The requirements to provide transportation funding, a green roof, and recycled
water would not apply to any proposal that does not “fully redevelop[] the existing mall in the
Vallco Shopping District.” However, given the City’s discretion to interpret its General Plan, it is
possible that the City could require the developer of a portion of the Specific Plan area to
contribute a proportional amount of the specified benefits. The possible meaning and
implications of this provision are discussed in more detail in Chapter III.A of the Report.
B. Section 3(B): Amendments to the Infrastructure Element (Page 5 of the
Initiative)
This section adds a new strategy to Policy IF-2.5 of the General Plan’s
Infrastructure Element. This policy governs recycled water infrastructure, and directs the City to
plan for citywide access to recycled water and encourage its use. The Initiative adds Strategy
INF-2.5.4: Vallco Town Center Specific Plan, which requires any project that “fully redevelops
the existing mall within the Vallco Shopping District” to “extend the recycled water line to the
area covered by the Vallco Town Center Specific Plan and maximize use of recycled water.” As
with the new strategies proposed by the Initiative for the Land Use Element, this new strategy
would not apply to any hotel project within the Vallco Town Center Specific Plan area.
In addition, and like the requirements for transportation funding, a green roof, and
recycled water, this requirement would not apply to any proposal to develop less than the entire
existing mall in the Specific Plan Area.
C. Section 3(C): Amendments to Appendix A (Pages 5-6 of the Initiative)
Section 3(C) of the Initiative adds a definition of “Vallco Town Center Specific
Plan” to Appendix A (“Land Use Definitions”) of the General Plan. This definition provides:
9212 Report – City of Cupertino Appendix 2 | Page 5
The Vallco Town Center Specific Plan designation applies to the Vallco Shopping
District Special Area, and allows a mix of uses, including retail, restaurant, entertainment,
residential, office, hotel, public (including civic), quasi-public, educational, parks, open space,
and amenities. Projects developed under this designation must be consistent with the Vallco
Town Center Specific Plan.
D. Section 3(D): Amendments to the Land Use Map. (Page 6 and Exhibit
A of the Initiative)
This section amends the existing “City of Cupertino Land Use Map” to
redesignate the approximately 58-acre Specific Plan area from “Commercial/Office/Residential”
to “Vallco Town Center Specific Plan.” Exhibit A to the Initiative includes two copies of the
existing Land Use Map (at different scales), and two copies of the Land Use Map (at different
scales) with the Specific Plan area redesignated as “Vallco Town Center Specific Plan.”
IV. Section 4. City of Cupertino Municipal Code Amendments. (Pages 6-7 of
the Initiative)
This section makes several changes to Titles 19 (Zoning) of the City’s Municipal
Code. First, it adds a new chapter, titled “Vallco Town Center Specific Plan (VTCSP) Zone.”
This new chapter establishes the “Vallco Town Center Specific Plan” (“VTCSP”) district, and
provides that “[t]he standards, guidelines and improvement plans contained in the Vallco Town
Center Specific Plan shall govern the VTCSP zoning district.” The Initiative provides that
general Municipal Code zoning provisions (including “specific standards and/or procedures for
review, approval and/or administration of development projects”) will not apply to development
within the VTCSP district unless the Vallco Town Center Specific Plan does not provide specific
standards and/or procedures for some aspects of development. The Initiative further provides that
the City cannot apply any standards or procedures in the Municipal Code that would frustrate or
inhibit development of the Vallco Town Center Specific Plan. The implications of this provision
are discussed in Chapter III.A of the Report.
This section also adds “VTCSP Vallco Town Center Specific Plan” to the list of
designated zoning districts contained in Section 19.16.010 of the Municipal Code. The Initiative
states that it would amend Section 19.16.110, entitled (“Zoning Districts Designated”), but the
actual Code number for that section is 19.16.010. This apparent typographical error would not
affect the validity of this provision.
This section also amends the Municipal Code section governing the City’s
issuance of conditional use permits. A conditional use permit (“CUP”) grants permission for uses
not allowed as a matter of right in a zone. Sounhein v. City of San Dimas (1996) 47 Cal.App.4th
1181, 1188. This enables the City to exercise control over certain sensitive land uses that may be
desirable in small numbers but could be detrimental to the community in large numbers.
Neighborhood Action Group v. County of Calaveras (1984) 156 Cal.App.3d 1176, 1184. For
example, a city may require a CUP for construction of housing that exceeds a certain threshold.
Sounhein, 47 Cal.App.4th at 1184-85.
9212 Report – City of Cupertino Appendix 2 | Page 6
Pursuant to Section 19.156.040, the applicable City “decision maker”2 may grant
a conditional use permit if two findings are made: (1) the proposed use “at the proposed location,
will not be detrimental or injurious to property or improvements in the vicinity, and will not be
detrimental to the public health, safety, general welfare, or convenience,” and (2) the use “will be
located and conducted in a manner in accord with the Cupertino Comprehensive General Plan,
underlying zoning regulations, and the purpose of this title and complies with the California
Environmental Quality Act (CEQA).”
The Initiative would add a new provision to Section 19.156.040 limiting the
City’s ability to deny CUPs for additional residential units (above the 389 units allocated in the
General Plan) within the Vallco Town Specific Plan district. When presented with an application
for such a CUP, the Initiative provides that the City must—rather than “may”—grant the CUP if
the two findings are made. In addition, the new provision states that, for purposes of the first
required finding, an increase in residential units within the Vallco Town Specific Plan district
“shall be deemed not to be detrimental to the public health, safety, general welfare, or
convenience if there are no new significant and unavoidable impacts beyond those identified in
the Environmental Impact Report prepared for the General Plan: Community Vision 2015 –
2040, as to the residential units.”
This provision would prohibit the City from finding that such residential
development is detrimental to public health, safety, general welfare, or convenience unless it also
finds the development would have significant and unavoidable impacts beyond those identified
in the General Plan EIR. To the extent that this provision precludes the City from denying the
CUP or imposing conditions that the City determines are in fact necessary to protect the public
health, safety, or general welfare, a court could find it invalid. See Davidson v. County of San
Diego (1996) 49 Cal.App.4th 639, 648-49 (legislation may not abdicate the police power,
including the power to regulate land use to prevent potential danger to the health and safety of
the public). Moreover, pursuant to Municipal Code section 19.156.040(A)(1), the City could still
deny such a CUP if it found that the proposed residential development: would “be detrimental or
injurious to property or improvements in the vicinity;” is inconsistent with the General Plan,
underlying zoning regulations, and the purpose of the zoning ordinance; or does not comply with
CEQA.
This section also amends Title 20 (“General and Specific Plans”) of the Municipal
Code to exempt the Vallco Town Center Specific Plan area from the general requirement that all
areas governed by a specific plan be zoned “planned development (P).” Under other provisions
of the Initiative, the Vallco Town Center Specific Plan area will be zoned “VTCSP Vallco Town
Center Specific Plan.”
Finally, this section amends the existing “City of Cupertino Zoning Map” to
change the property’s zoning from P(Regional Shopping) and P(CG) to VTCSP(Vallco Town
2 The applicable City “decision maker” depends upon the nature of the permit at issue and
whether a permitting decision has been appealed. For purposes of this Initiative, the initial
decision maker for any CUP would be the City Director of Community Development, with any
appeal going directly to the City Council. See Specific Plan, Chapter 9.1
9212 Report – City of Cupertino Appendix 2 | Page 7
Center Specific Plan). This amendment essentially denotes on the City’s Zoning Map the
changes made by Sections 4 and 5 of the Initiative. Copies of the existing City of Cupertino
Zoning Map and the Zoning Map as amended by the Initiative are attached to the Initiative as
Exhibit B.
V. Section 5. Adoption of the Vallco Town Center Specific Plan. (Page 7 and
Exhibit C of the Initiative)
This section adopts the Vallco Town Center Specific Plan, which is attached as
Exhibit C to the Initiative. The Specific Plan, which is more than 200 pages long, sets forth
detailed standards and provisions governing development within the Vallco Town Center
Specific Plan area. The Specific Plan is the heart of this Initiative.
Under state law, a specific plan is a legislative enactment that systematically
implements the development policies of the city’s general plan. Gov. Code § 65450; South
Sutter, LLC v. LJ Sutter Partners, L.P. (2011) 193 Cal.App.4th 634, 668. The process for
preparing, adopting and amending a specific plan is the same as for a general plan, except that a
specific plan may be amended as often as the city council “deems necessary.” Gov. Code
§ 65453; Chandis Sec. Co. v. City of Dana Point (1996) 52 Cal.App.4th 475, 481. The City’s
Municipal Code further provides that a specific plan is intended “to provide a means of guiding
land development or redevelopment of the City that is uniquely suited for planned coordination
of land uses and to provide for a greater flexibility of land use intensity and design because of
accessibility, ownership patterns, topographical considerations and community design
objectives.” Muni. Code § 20.04.010.A. A specific plan is also intended “to encourage variety in
the development pattern of the City, to promote a more desirable living environment, to
encourage creative approaches in land development, to provide a means of reducing the amount
of improvements required in development through better design and land planning, to conserve
natural features, to facilitate a more aesthetic and efficient use of open spaces, and to encourage
the creation of public and private common open space.” Muni. Code § 20.04.010.B.. The
Cupertino General Plan, adopted in 2014, requires the preparation and adoption of a specific plan
prior to any development within the Vallco Shopping District Special Area. The Specific Plan
proposed to be adopted as part of the Initiative would satisfy this requirement of the General
Plan.
The full text of the Vallco Town Center Specific Plan is attached as Exhibit C to
the Initiative and available for review on the City’s website. The Specific Plan contains an
Executive Summary and nine chapters: (1) Introduction, (2) Land Use & Development
Standards; (3) Community Benefits; (4) Mobility & Connectivity; (5) Sustainable & Smart City
Strategies; (6) Infrastructure & Public Facilities; (7) Landscaping & the Public Realm; (8) Town
Center Design Guidelines; and (9) Administration, Implementation & Financing.
A. Executive Summary. (Pages C-4 to C-7)
The Executive Summary briefly describes the history of the mall at Vallco; the
drafters’ goals in designing the Specific Plan; and the Plan’s vision and plan for redeveloping the
Vallco Area into a “vibrant mixed-use Town Center.” According to the Executive Summary, the
focus of the Specific Plan “is planning for the redevelopment of the “Mall property, which
9212 Report – City of Cupertino Appendix 2 | Page 8
includes blocks 1 thought 12 (the Town Center, also known as Town Center/Community Park)
and the potential future development of Block 14.”
B. Chapter 1: Introduction. (Pages C-12 to C-27)
Chapter 1 provides an introduction to the Specific Plan. Among other things,
Chapter 1 describes the Specific Plan’s organization; its relationship to other City plans and
policies, including the General Plan and Municipal Code; the history of the existing development
within the Specific Plan area (i.e., the existing Vallco Mall) and surrounding uses; and the
potential subsequent project approvals necessary to carry out the development contemplated in
the Specific Plan. It further notes that the illustrations in the Specific Plan are illustrative only, to
“convey the concepts and intent” of the Plan. (C-16.) It reiterates that if there are any conflicts
between the Specific Plan and the Cupertino Municipal Code, the Specific Plan controls the Plan
Area. (C-20.)
C. Chapter 2: Land Use and Development Standards. (Pages C-29 to C-
85)
Chapter 2 describes the conceptual land use plan for the 58-acre Specific Plan
area (“Plan Area”); identifies the Specific Plan Objectives (including objectives for the Town
Center); and sets forth development standards and permitted, conditional, and excluded land
uses.
The Specific Plan divides the Plan Area into fourteen “Blocks” (see Figure 2-1, at
Initiative Page C-30. As noted above, the principal focus of the Plan is the redevelopment of the
Mall Property, which includes Blocks 1-12. Blocks 13 and 14 propose hotel developments that
may be processed separately from the mall redevelopment project.
1. The Mall Property (Blocks 1-12)
To accomplish redevelopment of Blocks 1-12, the existing mall would be
demolished and redeveloped with a new “Town Center” in accordance with the Specific Plan.
Section 2.2 lists the “objectives” for development of the Town Center. These
objectives include “implement[ing] the vision in the City’s General Plan to completely redevelop
the Plan Area,” providing “educational uses . . . for youth, seniors, and others in the Cupertino
Community,” and mitigating impacts of the redevelopment. (C-32.)
Section 2.3 sets forth the land use plan for the Plan Area. The “key components”
of this plan include the “Town Center,” “Community Park and Nature Area,” and “Education.”
The Town Center envisions a traditional neighborhood layout. The core focus will be two Town
Squares one located on each side of Wolfe Road. The Town Squares “may” be linked by
pedestrian bridges. The movie theatre, bowling alley, ice rink and fitness center uses will be co-
located to the northwest corner of the Town Center.
The Community Park and Nature Area is a 30-acre “rooftop landscape,” designed
to rise from existing grade along the southwestern edge of the Plan Area along Stevens Creek
9212 Report – City of Cupertino Appendix 2 | Page 9
neighborhood to the center of the Plan Area, west of North Wolfe Road, and “then decrease in
height east of North Wolfe Road.” The Community Park and Nature Area may be used for a
variety of uses, including community gathering, performances, dining, relaxation, and native
planting areas. As described below, the Community Park and Nature Area will also include 2.8
miles of trails for walking, hiking, jogging and docent-led educational tours.
The “Education” component of the plan centers on a commitment to provide
“community benefits for local schools . . . valued in the aggregate at no less than 10 times the
legally-required amount, which would represent a total financial contribution of approximately
$40 million.” (C-40.) Section 2.3.3 describes some options for providing this benefit, subject to
school district approval. These options include “construction and 34-year charitable lease of a
new 10,000 square foot, turn-key High School science and engineering ‘Innovation Center’”;
Construction and 34-year charitable lease of up to 5,000 square feet of classroom and/or
administrative space for FUHSD’s Adult School; a new 700 student elementary school at the
former Nan Allan Elementary School site; and a community hub building of at least 6,000 square
feet for use by study groups and parent volunteer meetings. The Specific Plan does not require a
developer to provide any of these particular options, but rather describes them as possible ways
of providing benefits for local schools “valued in the aggregate at no less than 10 times the
legally-required amount.” (These benefits are further analyzed in Chapter III.A of the Report.)
Section 2.3.4 describes the types and amounts of development permitted within
the Plan Area. Table 2-1, the “Land Use Summary,” (at page C-42 of the Initiative) sets forth the
permitted uses and amounts in summary form. Permitted uses, which are further defined in
Section 2.6 of the Plan (beginning at page C-77), include:
Residential. 389 residential units, which may be increased up to the maximum
amount permitted under the General Plan with the issuance of a conditional use permit (or CUP).
A minimum of 80 residential units, or 20% of the total number of residential units, whichever is
greater, must be dedicated senior housing. As explained in Chapter III.A, these provisions could
allow for an increase up to 800 units.
Office. A maximum of 2,000,000 sf of office space. At least 100,000 sf of the
office space developed must be “incubator work space and multi-tenant spaces for start-ups and
new and emerging technologies, per General Plan.”
Commercial. Approximately 640,000 sf of commercial, of which at least 600,000
sf must be retail (which includes “community and regional retail, entertainment, and personal
services”); up to 40,000 sf may be “fitness” (e.g., a fitness center).
Public/Civic. At least 50,000 sf public/civic space, which may be increased up to
100,000 sf if office space is reduced commensurately.
Town Center Squares. Two “town squares” (Town Square West and Town Square
East), which together must comprise at least 3 acres.
Community Park and Nature Area. A 30-acre rooftop community park and nature
area accessible to the public. This rooftop park must also include at least 3.8 miles of public
trails.
9212 Report – City of Cupertino Appendix 2 | Page 10
Services, Facility management, & Loading. 120,000 sf dedicated to services,
facility management, and loading, including central plants, loading docks, and maintenance
facilities.
Parking. Approximately 9,060 parking spaces located below grade, above grade
and at street level. Deviation from this number by more than 5% (450 stalls) requires approval by
the City’s Community Development Director.
Hotel. The City has already approved a 148-room hotel on Block 13 of the Plan
Area. The Specific Plan also permits a 191-room hotel on Block 14. However, parking shall also
be a permitted use on Block 14.
Section 2.4 divides the Plan Area into five “land use districts,” “to help describe
the predominant land uses and their locations.” However, the Plan also notes that these districts
are not “meant to serve as zoning designations,” and that “[t]he allocation of space for each land
use may vary between districts and construction sequencing, as long as the total gross
development area for each land use is not exceeded.” (C-53.) These districts include:
Town Center Retail/Residential District (Blocks 1, 2, 4), bounded by Stevens
Creek, the Portal Neighborhood, the Mixed-Use Entertainment District and North Wolfe Road.
Commercial uses may include retail, personal services, civic, and small format medical uses.
Residential uses are also envisioned on upper levels. This district will include a portion of Town
Square West, a publicly-accessible plaza. A 10,000 square foot, turn-key High School Innovation
Center may also be located in this district.
Town Center Retail/Entertainment/Office/Residential District (Blocks 3, 5, & 6),
bounded by 2nd Street, N. Wolfe Road, Vallco Parkway, and A Street. The Plan anticipates that
new and existing entertainment uses, including a multiplex movie theater, bowling alley, and ice
rink, will be located in this district. A portion of Town Square West will also be included in this
district.
Town Center Retail/Office District (Blocks 7 – 12), bounded by 2nd Street, N.
Wolfe Road, Vallco Parkway, and E Street. This district will contain Class-A office space,
Amenity & Support Space, and Town Square East, “a quiet compliment to the active heart of
Town Square West.” A transit center for employees is also envisioned in this district.
Town Center Hotel District (Blocks 3, 14), south of I-280 on either side of N.
Wolfe Road. On the east side of North Wolfe Roade, Block 13 is already approved for the
development of a 148-room hotel. The majority of Block 14 is currently occupied by a surface
parking lock. Block 14 may be developed with a hotel with up to 191 rooms; it also may remain
a parking lot or be used as part of the planned North Wolfe Road/I-280 interchange
improvements.
Community Park and Nature Area, a separate, landscaped roof structure over the
redeveloped Mall portion of the Plan Area. This district will include an approximately 30-acre
“Community Park and Nature Area.” A majority of the roof structure will be open to the general
public and accessible for all visitors. Some areas will be closed to public use for safety and
security reasons; other areas may only be privately-accessible by residents and employees. This
9212 Report – City of Cupertino Appendix 2 | Page 11
district may also include retail uses, private amenities (e.g., pool and clubhouse), and community
facilities (e.g., playground, community hub, banquet hall, amphitheater). The district will provide
a variety of planting zones. (See Chapter 7 for description of landscaping and design elements.)
Section 2.5 provides development standards that apply to all districts in the Plan
Area. According to this section, these standards address: (1) Ground Floor Activation; (2)
Building Setbacks; (3) Building and Roof Height; (4) Parking; and (5) Parks and Open Space.
Under these standards:
¥ Maximum building heights shall not exceed those shown on Figure 2-20.
According to that figure, buildings in blocks 9-12 may be 80-95 feet high;
buildings in the center of the site may be between 30-80 feet high; and buildings
along the western edge may not exceed 65 feet high.3
¥ Figures 2-18 and 2-19 show 20 to 30 foot setbacks from public roadways and
existing residential areas.
¥ There does not appear to be a maximum height for the separate green roof
structure. However, rooftop pavilions cannot be higher than 24 feet (single story)
from the finished floor elevation at Community Park and Nature Area level.
Rooftop pavilions shall be set back from the edge the roof at least 100 feet if
above westernmost Blocks 1 and 3 (and Block 14 if part of the park structure);
they must also comply with the 1:1 building plane. No mechanical structures,
other than those necessary to support the respective rooftop pavilions, may be
placed on top of the rooftop.
¥ Parking must be provided in accordance with the City of Cupertino Municipal
Code Parking Regulations, with certain adjustments. According to the Specific
Plan, these regulations, as adjusted, would require 9,060 parking stalls for
development of the Town Center, excluding development of Blocks 13 and 14.
The remaining development standards contained in Section 2.5 are fairly general
and flexible. For example, Section 2.5.6 requires the Town Squares to “incorporate high-quality
furnishings and materials” and “incorporate landscaping that is distinctive and visually
attractive.” The Community Park and Nature Area must “[i]ncorporate thematic landscaping that
is based on the native ecologies of Santa Clara Valley and is resilient to climate conditions, such
as extended period of drought and increasing global temperatures.”
Table 2-2, included in Section 2.6, lists the permitted, conditional, and excluded
uses. According to Section 2.6, “[t]hese descriptions are representative of the types of land uses
envisioned and are not meant to be completely inclusive.” Other uses that, in the opinion of the
City’s Director of Community Development, are similar to those listed in Table 2-2 and do not
create significant adverse impacts, “are permitted or conditionally permitted.” Moreover, the
3 Section 2.5.4 notes that, because the Community Park and Nature Area will be on a separate
green roof structure,
9212 Report – City of Cupertino Appendix 2 | Page 12
City’s Director of Community Development retains discretion to permit uses that are
“fundamentally different.”
According to Table 2-2, a broad range of uses are permitted in four of the five
land use districts (Town Center Retail/Residential; Town Center
Retail/Entertainment/Office/Residential; Town Center Retail/Office; and Community Park and
Nature Area). For example, within the Community Park and Nature Area, permitted uses include
Alcohol Sales, Community Retail, Community Space, Educational Uses, Entertainment, Eating
Establishments, Outdoor Dining, along with more traditional park uses such as Agricultural
Uses, Outdoor Uses, and Parks and Open Space. Fewer uses are permitted in the Town Center
Hotel District, but there remain numerous Conditional uses in that District as well. The
remainder of Section 2.6 defines the various uses.
Section 2.7 contains general provisions applicable to all land uses within the Plan
Area. Section 2.7.1 provides that, if any provision of the Specific Plan or application of the Plan
is found to be invalid, that finding shall not affect the remaining provisions or applications.
Section 2.7.3 provides that the Specific Plan will constitute the zoning for the Plan Area. Any
subsequent development must be consistent with the development standards contained in the
Specific Plan. Section 2.7.8 provides that existing uses within the Plan Area are deemed legal
nonconforming uses, and can continue as an interim use “subject to the Cupertino Municipal
Code.” The intent of the Specific Plan is that “legal nonconforming uses are allowed until such
time as market conditions cause the property on which they are situated to be redeveloped.”
D. Chapter 3: Community Benefits (Pages C-86 to C-91)
Chapter 3 of the Specific Plan describes the “community benefits” that must, or,
in some cases, may, be provided as part of a Development Agreement or as a condition of
approval in the Master Site Development Agreement. The Specific Plan divides these
“community benefits” into six categories.
3.2. Civic Benefits. The proposed Civic Benefits include
¥ A 30-acre “Green Roof and Community Park,” accessible to the public with 3.8
miles of public trails. The park must be privately constructed and maintained at no
cost to taxpayers, and irrigated by recycled water.
¥ A sustainable design goal of achieving the highest level of certification from a
globally recognized environmental sustainability certification program, such as
LEED Platinum certification or its equivalency.
¥ Two ground-level “Town Squares” (totaling 3 acres) “programmed to
accommodate civic, cultural, community, and school events, performances and
celebrations.”
¥ Improvements to existing utility infrastructural system (including extension of
recycled water infrastructure).
9212 Report – City of Cupertino Appendix 2 | Page 13
¥ Community facilities,4 including 20,000 square feet of banquet/event hall;
community hub building (6,000 square feet); a 300-seat amphitheater; and a
playground.
¥ Charitable lease(s) for 5,000 square feet of civic space.5
¥ An option for a project applicant to provide up to an additional 50,000 square feet
for an appropriate, necessary and meritorious civic use subject to a separate
agreement with the City. Any civic space over and above 50,000 square feet will
require an equal reduction in the Vallco Area’s office space allocation.
Section 3.3. Education Benefits. The Specific Plan requires that, “[i]n addition to
paying the maximum state-required school fees, which are expected to be approximately $4
million, the Plan Area will provide . . . community benefits for local schools . . . valued in the
aggregate at no less than 10 times the legally-required amount . . .” The Plan provides some
examples of the types of “in-kind” or monetary contributions that would be “strongly
encouraged” (e.g., providing space, buildings, facilities on-site, in lieu parcel tax), but notes that
the relevant school districts (Fremont Unified High School District (“FUHSD”) and Cupertino
Union School District (“CUSD”)) must be consulted about their needs before final plans
approved.
Section 3.4. Housing Benefits. The Housing Benefits include a provision
“strongly encourag[ing]” compliance with the City’s Below Market Rate (“BMR”) Housing
Mitigation Program “by providing affordable units on-site rather than paying the City’s in-lieu
fee.” Also, to the extent permitted by law, the Specific Plan would give CUSD and FUHSD
teachers housing priority. At least 80 residential units (or 20% of total number of units,
whichever is greater) would be dedicated senior housing.
Section 3.5. Land Use and City Revenue Benefits. These proposed benefits
include:
¥ A requirement that at least 25% of the retail component, including a new
multiplex movie theater, be delivered in the initial construction sequence of the
Plan Area (not including the hotel on Block 13) and allowing for the continuous
operation of the existing multiplex movie theater during initial construction
sequence.
¥ A commitment to demolish 100% of the remaining existing Mall improvements
within 6 months of receiving a certificate of occupancy for the initial retail
component, “subject to existing leases and an appropriate temporary improvement
plan for demolished areas.”
4 “Community Facilities” are not defined in the Specific Plan. However, “Community Space” is
defined in Section 2.6.8.
5 The Specific Plan does not define “charitable leases.”
9212 Report – City of Cupertino Appendix 2 | Page 14
¥ A commitment to office tenant diversity by providing a minimum of l00,000
square feet of incubator work space and/or multi-tenant office spaces for multiple
start-ups and/or emerging or mid-size companies, with a preference for local
companies.
¥ A requirement to retain healthy trees and existing walls and encouraging inactive
and/or generously set-back building facades along the Plan Area’s western
property line, to protect adjacent residential property owners.
Section 3.6. Mobility and Connectivity. Section 3.6 requires contributions to local
transportation improvements, including:
¥ donating $6 million to the City for a bike/pedestrian trail along I-280 and
“[c]onstruct and/or fund additional improvements to pedestrian and bike trail(s)
throughout the Plan Area, including along the entirety of the existing Perimeter
Road”;
¥ providing “fair share financial contribution of $30 million for freeway
infrastructure, specifically improvements for North Wolfe Road and I-280
overpass and interchange and future I-280 freeway segment improvements;”
¥ requiring a project applicant to “spearhead and provide substantial funding for a
community effort to provide a free community shuttle, in partnership with the
City, VTA, local school districts, property owners, and/or corporate employers”;
and
¥ funding certain traffic signal timing improvements.
This section also requires, consistent with the Specific Plan’s “Environmental
Design Features,” the preparation and implementation of a Transportation Demand Management
(“TDM”) Plan “with an overall target of reducing Specific Plan office-generated weekday peak
hour trips by 30 percent below applicable Institute of Transportation Engineers trip generation
rates.” In additional, it sets “[a] goal to establish such a successful retail model, efficient traffic
circulation plan, and popular bicyclist and pedestrian environment to enable the majority of the
streets in the Plan Area to be permanently closed (market conditions permitting).”
Section 3.7. Environmental Design Feature Benefits. In addition to the
community benefits listed in Chapter 3, the Specific Plan also requires “Environmental Design
Features” (“EDF”), which are intended to mitigate potentially significant environmental impacts
caused by development permitted by the Specific Plan. These additional EDFs are listed in
Appendix A to the Specific Plan (Initiative pages C-211 – 227).
Chapter 3 further provides that these community benefits “may be agreed to
through a [Development Agreement] or may be set forth as conditions of approval.” Section 3.1
(page 3-1; C-87). The timing for providing these benefits is largely left to subsequent approvals
(either the Development Agreement or the “Master Site Development Permit,” discussed in
Chapter 9 of the Specific Plan; See, Section 3.8, C-91).
9212 Report – City of Cupertino Appendix 2 | Page 15
E. Chapter 4: Mobility & Connectivity (Pages C-92 to C-128)
Chapter 4 describes the plans that must be prepared, and improvements that must
be made, related to mobility and connectivity for pedestrians, bicyclists, public transit,
automobiles, and service vehicles. Intersections “will be designed to accommodate vehicle,
pedestrian, and bike traffic.” A new proposed intersection at Wolfe Road and 2nd Street will
provide east-west bidirectional bike lands to allow bicycles and pedestrians to cross without
conflicts with turning vehicles. Chapter 4 discusses, among other things, a landscaped pedestrian
bridge over North Wolfe Road to replace the existing enclosed bridge, and further describes
access to the below-grade garages. The Plan describes two options for the Perimeter Road
Tunnel: (1) modification to accommodate alternate modes of transportation, including bicycle,
pedestrians, and small service vehicles; or (2) construction of dedicated off-or on-ramps from
280 in and out of the Town Center. (C-95) The Community Park and Nature area access will be
provided through walkways and elevators. (See, Figure 4-3.)
The Plan also envisions a shared use path around its boundary to connect future
trails. Chapter 4 also includes, among other items, improvements to Portal Avenue, Tantau
Avenue, conceptual pedestrian and bicycle connectivity plan diagrams; descriptions of the
planned “Mobility Hub” and transit centers; a conceptual vehicle access plan; conceptual street
design elements; and a description of the As for Vehicle Circulation, the Plan calls for safe
pedestrian and bicycle crossings at the access points, and temporary street closures during peak
times. The Conceptual Vehicle Access Plan describes the primary roadway access points, the
street hierarchy, connectors, and Traffic Zones which are closed to cars during events.
Conceptual Plans for the Retail Entertainment Streets, Retail/Office Streets, Entrance Streets,
and Municipal Streets describe vehicular and bicycle lanes of travel, as well as sidewalks and
planting areas.
Off-Site Transportation improvements include projects to be coordinated with the
VTA, Caltrans, and the City, and are listed in Appendix A Environmental Design Features.
Transportation Demand Management (TDM) strategies (e.g., partial funding for free community
shuttle, bicycle and pedestrian facilities) that “are committed to be implemented” as part of
development of the Plan area. A TDM coordinator will be hired to “fully implement and sustain
the TDM strategies. “[P]arking is closely related to the Town Center’s efforts to reduce driving.
In correspondence with the mandatory reduction in trips, a reduction (compared to the Cupertino
Municipal Code) in office parking spaces is planned.” (C-128). The Plan describes non-
automobile transportation methods to support parking reduction including walking and cycling
improvements.
F. Chapter 5: Sustainable & Smart City Strategies (Pages C-129 to C-137)
Chapter 5 describes strategies for addressing “economic, social and environmental
sustainability.” These strategies include the provision of the 30-acre green roof, use of non-
potable water for landscape irrigation, green building standards, urban design and accessibility
goals, and provision of community spaces and recreational facilities. The stated sustainability
goal is to achieve the highest level of “globally recognized environmental sustainability
certification program, such as LEED Platinum, or equivalency.”
9212 Report – City of Cupertino Appendix 2 | Page 16
G. Chapter 6: Infrastructure & Public Facilities (Pages C-138 to C-148)
Chapter 6 describes the public services that will be required within the Plan Area
(e.g., water, sewer, fire, etc.), including the entities responsible for providing those services and
projected water supply and demand. Chapter 6 also describes necessary stormwater management
including installation of a new public storm drain, treatment measures, wastewater system
improvements, and other utility improvements. The Plan describes collection and reuse of
rainwater for the Community Park and Nature Area. (C-141.) The Plan identifies a net increase
of total water demand of 155 (Acre Feet per Year). The Conceptual Waste Water Plan will,
among other things, reroute the main sewer, and upgrade existing lines to accommodate
projected flows. (C-146.)
H. Chapter 7: Landscaping & the Public Realm (Pages C-149 to C-168)
Chapter 7 describes the landscape design principles applicable to the parks,
streetscape, and public gathering spaces within the Plan Area. This Chapter clarifies that “a vast
majority of the Community Park and Nature Area will be fully accessible by the public,” but that
“there will be some limited access areas open only to residents and office workers.” (C-154.) The
Tree Retention and Replanting Plan identifies 894 existing trees, and requires a developer to
“maintain a majority of the existing trees located on North Wolfe Road, Stevens Creek
Boulevard, and the landscape buffer along the western perimeter of the new Plan Area. (C-153.)
Chapter 7 describes the Community Park and Nature Area’s planting zones, drainage, soils,
typical planting cross sections, lighting, wind protection and safety. For the Town Squares, the
Plan describes the streetscapes and plantings. The “private open space” for the residential units
in the Community Park and Nature Area will be provided “in lieu of balconies or private back
yards.” The Chapter also describes streetscape landscaping including canopy trees.
I. Chapter 8: Town Center Design Guidelines (Pages C-169 to C-195)
Chapter 8 sets forth design principles and guidelines for development within the
Plan Area. According to the introduction to this Chapter, these guidelines augment but do not
replace “applicable codes, standards, and ordinance provisions associated with the permitting
process.” The extent to which the Initiative’s guidelines and standards would supplant other
provisions of the City’s Municipal Code is discussed in Chapter III.A. This Chapter describes the
streetscape furnishings, bicycle parking, lighting standards, design of transit shelters and public
art which will be incorporated as defined by the Cupertino Municipal Code. (C-182.) It further
provides site and building guidelines for future developers. This Chapter also requires the
preparation of a Master Sign Program (“MSP”), which will not necessarily comply with the
Zoning Code requirements of Chapter 19.104 of the Municipal Code. See page C-187. Instead,
the MSP will comply with the design guidelines set forth in Sections 8.5.1 and 8.5.2 of the
Specific Plan.
J. Chapter 9: Administration (Pages C-196 to C-210)
Chapter 9 describes the development review procedures applicable to any
proposal for development under the Specific Plan. Section 9.1 provides that development within
the Plan Area (except for Block 13 and any portion of Block 14 not processed as part of the
9212 Report – City of Cupertino Appendix 2 | Page 17
Town Center) is governed by the standards and guidelines of the Specific Plan. “Any issues not
addressed in the Specific Plan shall be subject to the Cupertino Municipal Code unless a strict
application of the Municipal Code would frustrate the intent of the Specific Plan.” If any
provision of the Municipal Code conflicts with the Specific Plan, the provisions of the Specific
Plan “shall control.” See page C-197. As noted above, the effect of these provisions on the
standards in the City’s Municipal Code is discussed in Chapter III.A.
Any development under the Specific Plan will require at least two subsequent
approvals by the Director of Community Development (“Director”): (1) a Master Site
Development Permit (“MSDP”); and (2) Architectural and Site Review (“ASR”). In addition, as
noted above, the Director may also approve a Conditional Use Permit to increase the number of
residential units from 389 (the number allocated to the Vallco Site in the General Plan and
Housing Element), provided the total number of units approved is consistent with the General
Plan.
The Director must review any proposed MSDP or ASR for “substantial
conformance” with the Specific Plan. Substantial conformance is further defined in Section
9.5.1. Any determinations or administrative interpretations by the Director regarding a proposed
MSDP, ASR, or CUP may be appealed directly to the City Council. Additional approvals may be
required (e.g., subdivision map, grading permits, encroachment permits, etc.).
Any application for an MSDP must include, among other information, “[t]he
proposed conceptual site development plan indicating a street-level plan and roof-level
Community Park and Nature Area plan for: the location of all buildings and structures; the
location and types of land uses; paved areas, such as roadways, driveways, alleys, access points,
and walkways; and general landscaping scheme.” Page C-201. The MSDP application must also
contain a proposed traffic-circulation system and conceptual construction sequencing plan.
The Director “shall issue” the MSDP if the following findings can be made:
¥ The application promotes the goals and objectives contained in the General Plan;
and
¥ The application substantially conforms with the Specific Plan.
(C-201.) Thus, as described in more detail in Chapter III.A of the Report, the Initiative would
significantly limit the City’s authority or discretion to require changes to a development plan for
the Vallco site as long the proposed MSDP “substantially conforms” to the Specific Plan.
Applications for Architectural and Site Review must include “architectural
drawings of the proposed development, building additions or other structures;” color renderings
of exterior facades, and a landscape plan. Once again, the Director “shall issue” an ASR approval
if the following findings can be made:
¥ The application promotes the goals and objectives contained in the General Plan;
¥ The application substantially conforms with the Specific Plan; and
9212 Report – City of Cupertino Appendix 2 | Page 18
¥ The application substantially conforms with a number of listed design criteria,
including the design guidelines from Chapter 8 of the Specific Plan.
(C-201.) This provision, like the one requiring approval of the MSDR, would significantly limit
the City’s authority or discretion to require changes to architectural and site design plans for the
Vallco site as long the proposed ASR “substantially conforms” to the design guidelines in the
Specific Plan.
Section 9.4.3 describes the process for reviewing applications for an MSDP or
ASR. This section states that these permits “shall be reviewed for substantial conformance with
the Specific Plan and approved administratively by the [Director] or designee.” (C-202.) MSDP
and ASR approval require a public meeting, with public notice comparable to that provided for
similar public meetings. The Plan states that “[n]o comment period shall be required for”
approval of a MSDP or ASR. The MSDP or ASR approval expires within two years of its
effective date unless certain conditions are met.
Section 9.5 defines “substantial conformance,” and lists a number of changes,
modifications, and deviations from the Specific Plan that may be made and still remain in
“substantial conformance.” This list includes minor modifications to development standards,
landscape materials, architectural or design guidelines, etc.
This Section also provides that additional conditions, features, or mitigation
measures that avoid or minimize environmental effects of the Specific Plan may be included in a
MSDP or ASR without rendering those permits non-conforming, “provided that such features,
conditions or measures are feasible, linked with a legitimate governmental interest (i.e., there is
an essential nexus), roughly proportional, and consistent with the intent and purpose of this
Specific Plan.” Page C-203. However, “in no event may additional conditions, Environmental
Design Features, or mitigation measures conflict with or impede the final policy decision[s]”
included in the Specific Plan, including those regarding permitted uses or densities, off-site
transportation improvements, “administration, implementation and financing.” Thus, this
provision, like the others discussed above, may significantly limit the City’s ability to impose
any additional conditions or mitigation measures on the MSDP or ASR if doing so would
conflict with or impeded development according to the Specific Plan.
Section 9.5.2 provides that, prior to January 1, 2027, the Specific Plan can only be
amended “by ballot measure approved at an election by the City of Cupertino voters.” If there is
litigation challenging the Initiative, this date will be extended for a period equal to the period of
time during which the litigation is pending.
Section 9.6 describes the construction sequencing for development under the
Specific Plan. This section explains that the Plan “may be implemented over time and in a
sequenced approach.” (C-204.) “Demolition and subsequent construction of the Mall portion of
the Plan Area is expected to occur in a single phase over five years.” However, “[t]he actual
timing of construction may vary.” Demolition of all Mall buildings must begin within 6 months
of the issuance of a Certificate of Occupancy for the first completed Mall buildings, unless the
Director makes certain findings and allows an extension. Similarly, “[t]o ensure the timely
construction of the Town Center Entertainment/Office/Residential District, no Certificate of
9212 Report – City of Cupertino Appendix 2 | Page 19
Occupancy shall be issued for any office building until the shell and core of building [sic]
located in Blocks 3 and 6 (entertainment, civic, and office uses) has been substantially
completed.” The “anticipated sequence of Plan Area construction” is shown in Figure 9-1.
However, that sequencing is subject to change depending on events outside the reasonable
control of the project applicant, such as significant adverse market and economic conditions, site
access constraints, natural events (e.g., severe weather events, earthquakes, fire), and legal
challenges.”
Section 9.7 states that all infrastructure, facilities, and improvements must be
“installed, constructed, and completed prior to or concurrent with need.” Sections 9.7 and 9.8
then describe financing mechanisms that could be used to fund this work, including community
facilities districts, landowner funding agreements, development impact fees, and private
financing.
Section 9.9 refers to and incorporates Appendix A, which lists a number of
“Environmental Design Features” required to be applied to any development under the Specific
Plan. Section 9.9 further provides that the City shall implement a monitoring and enforcement
program to ensure compliance with these EDFs. As part of the 9212 Report, the City has
prepared an Environmental Analysis (Appendix 5 to the 9212 Report) that describes these EDFs
and compares them to the measures that would typically be applied to a development project like
the Specific Plan under the City’s normal environmental review and permitting process.
VI. Section 6. Implementation of the Initiative. (Page 16 of the Initiative)
This section contains three provisions related to when the Initiative would go into
effect and what the City must do to implement the Initiative following the effective date.
Subsection A requires the City to “promptly take all appropriate actions needed to implement
this Initiative” once it is effective. This subsection also provides that the Initiative will be
considered “adopted and effective upon the earliest date legally possible after the Elections
Official certifies the vote on the Initiative by the voters of the City of Cupertino.” Under the
Elections Code, an adopted initiative “shall go into effect 10 days after” the date the Elections
Official certifies the vote. Elections Code § 9217.
Subsection B provides that, “[u]pon the effective date of this Initiative, the
provisions of Section 3” (i.e., the Initiative’s changes to the General Plan) will be automatically
inserted into the General Plan, unless, at that time, the City has already made the four General
Plan Amendments permitted by state law in any year. If the City cannot make any additional
changes to the General Plan in the year the Initiative is adopted, this subsection requires the City
to make the General Plan amendments set forth in the Initiative on January 1 of the following
year.
Subsection C states the proponents’ view that the General Plan in effect when
they filed the “Notice of Intent to Circulate” the Initiative (“Filing Date”), and the General Plan
as amended by the Initiative, “comprise an integrated, internally consistent and compatible
statement of policies for the City.” State law requires that a City’s General Plan be internally
consistent, i.e., that it not include substantial contradictions and inconsistencies that would
prevent those subject to the plan from determining what it says should happen or not happen.
9212 Report – City of Cupertino Appendix 2 | Page 20
Friends of Aviara v. City of Carlsbad (2012) 210 Cal.App.4th 1103, 1112; . Gov. Code
§ 65300.5.
Subsection C further provides that, if any provision of the General Plan is
amended between the Filing Date and the effective date of the Initiative’s General Plan
amendments, and if these interim amendments are inconsistent with the Initiative’s General Plan
amendments, the City must amend the General Plan “as soon as possible and in the manner and
time required by state law to ensure consistency between the provisions adopted by the Initiative
and other elements of the General Plan.”
Most land use initiatives contain similar “conformity” provisions authorizing and
directing the governing city council or board of supervisors to implement the measure’s terms.
To the extent this provision simply directs that the City implement the Initiative and revise
subordinate laws to conform with the General Plan, these provisions appear to be valid. See Pala
Band of Mission Indians v. San Diego County (1997) 54 Cal.App.4th 565, 577 n.8.
VII. Section 7. Effect of Other Measures on the Same Ballot. (Pages 7-8 of the
Initiative)
This section provides that the purpose of the Initiative is to “create a
comprehensive regulatory plan to govern the future use and development of the Vallco Town
Center Specific Plan area.” Thus, if the voters adopt both this Initiative and another initiative on
the same ballot that would “regulate the use or development of property within the Vallco Town
Center Specific Plan area in any manner whatsoever” (“Conflicting Initiative”), only the measure
that receives the greatest number of affirmative votes “shall control in its entirety.” All other
conflicting measures “shall be rendered void and without any legal effect.” This section further
provides that the Initiative shall not be interpreted to operate in conjunction with any Conflicting
Initiative, even if some of the provisions of this Initiative and the Conflicting Initiative do not
directly conflict. Moreover, if this Initiative and a Conflicting Initiative are adopted by the
voters, and the Conflicting Initiative receives more affirmative votes but is later held invalid,
“this Initiative shall be self-executing and given full force of law.”
This provision appears to be consistent with existing case law regarding
“competing” ballot measures. Under existing law, the general rule is that, if provisions of two
competing ballot measures conflict, and if both measures are passed at the same election, the
provisions of the measure with the highest affirmative vote shall prevail. Cal. Const. Art. II,
§ 10(b); Elections Code § 9221; see Taxpayers to Limit Campaign Spending v. Fair Political
Practices Commission (1990) 51 Cal.3d 744, 770; Yoshisato v. Superior Court (1992) 2 Cal.4th
978, 987-988. However, if measures are presented to voters as complementary or supplementary,
the court should engage in a section-by-section comparison of the specific features of each
measure to determine whether provisions of both measures can be given effect, at least in the
absence of a specific provision in one or more of the initiatives specifying otherwise. Yoshisato,
2 Cal.4th at 987-988.
9212 Report – City of Cupertino Appendix 2 | Page 21
As of the date of this Report, there is one other initiative measure—the Cupertino
Citizens Sensible Growth Initiative6 or “CCSGI”—that has qualified for the ballot in Cupertino
and may conflict, at least in part, with this Initiative. In light of the existing case law and the
provisions of Section 7, if both this Initiative and the CCSGI Initiative are adopted by the voters,
then a court would likely conclude that the measure obtaining the most votes takes effect in its
entirety and that the measure receiving fewer votes does not take effect at all.
VIII. Section 8. Interpretation and Severability. (Page 8 of the Initiative)
Subsection 8(A) contains a standard “severability” clause, similar to those found
in most laws. This clause is designed to protect the rest of the Initiative if one or more provisions
are held invalid by a court. This subsection also declares that, if any provision of the Initiative is
found invalid as applied to one person or circumstance, that finding does not mean that the
Initiative will necessarily be invalid as applied to other people or circumstances.
Subsection 8(B) provides that, if any portion of the Initiative is held invalid by a
court, the voters have a “strong desire” for the City Council to re-enact that provision, “taking all
steps possible to cure any inadequacies or deficiencies identified by the court in a manner
consistent with the express and implied intent of this Initiative.” This subsection does not require
the City to re-enact any portion of the Initiative that is held invalid, but rather expresses the
voters desire for the City to try to do so.
Subsection 8(C) states that the Initiative “must be broadly construed in order to
achieve the purposes stated above,” and that it is the intent of the voters that the City “and
others” interpret and implement the Initiative “in a manner that facilitates the purpose set forth in
the Initiative.” As noted above, both courts and the City would normally look to the purpose of
the Initiative in interpreting and implementing its provisions. This subsection states the voters
wish that the City and others do so.
IX. Section 9. Amendment. (Page 8 of the Initiative)
This section of the Initiative states that, prior to January 1, 2027, no provision of
the Initiative, including the Vallco Town Center Specific Plan, may be amended without voter
approval. On or after January 1, 2027, the Initiative, including the Specific Plan, may be
amended or repealed by any procedure authorized by law. Under state law, legislation adopted
by voter initiative may never be amended without voter approval unless the initiative itself
provides otherwise. Elections Code § 9217. Thus, this section limits the requirement for future
voter approval to amendments made within approximately ten years on the Initiative’s adoption.
X. Section 10. List of Initiative Exhibits. (Page 8 of the Initiative)
6 The official title for this other measure is: “Initiative amending Cupertino’s General Plan to
limit redevelopment of the Vallco Shopping District, limit building heights and lot coverages in
areas throughout the City, establish new setbacks and building planes on major thoroughfares,
and require voter approval for any changes to these provisions.” (Referred to in this Appendix as
“the Better Cupertino Initiative.”)
9212 Report – City of Cupertino Appendix 2 | Page 22
This section lists the exhibits attached to the Initiative and provides that the
Exhibits are incorporated by reference into the Initiative. The Exhibits include:
Exhibit A – Amendment to General Plan Land Use Map;
Exhibit B – Amendment to Zoning Map;
Exhibit C – Vallco Town Center Specific Plan;
Exhibit D – General Plan Consistency Chart.7
7 Exhibits D is an 86-page table that lists a number of General Plan goals and policies and states
the Initiative proponents’ rationale for why the Specific Plan is consistent with these goals and
policies. The Initiative states that this table is provided for “informational purposes only.”
As described in the Report, it appears that the Specific Plan is consistent with the City’s General
Plan as amended by the Initiative.
9212 Report – City of Cupertino June 2016 | Appendix 3
Appendix 3
California Elections Code, Section 9212
(a) During the circulation of the petition, or before taking either action described in subdivisions (a) and
(b) of Section 9214, or Section 9215, the legislative body may refer the proposed initiative measure to any
city agency or agencies for a report on any or all of the following:
(1) Its fiscal impact.
(2) Its effect on the internal consistency of the city's general and specific plans, including the
housing element, the consistency between planning and zoning, and the limitations on city
actions under Section 65008 of the Government Code and Chapters 4.2 (commencing with
Section 65913) and 4.3 (commencing with Section 65915) of Division 1 of Title 7 of the
Government Code.
(3) Its effect on the use of land, the impact on the availability and location of housing, and the
ability of the city to meet its regional housing needs.
(4) Its impact on funding for infrastructure of all types, including, but not limited to,
transportation, schools, parks, and open space. The report may also discuss whether the
measure would be likely to result in increased infrastructure costs or savings, including the
costs of infrastructure maintenance, to current residents and businesses.
(5) Its impact on the community's ability to attract and retain business and employment.
(6) Its impact on the uses of vacant parcels of land.
(7) Its impact on agricultural lands, open space, traffic congestion, existing business districts, and
developed areas designated for revitalization.
(8) Any other matters the legislative body requests to be in the report.
(b) The report shall be presented to the legislative body within the time prescribed by the legislative body,
but no later than 30 days after the elections official certifies to the legislative body the sufficiency of the
petition.
RESOLUTION NO. 16-027
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
DIRECTING CITY STAFF TO PREPARE A REPORT ON THE EFFECTS OF THE
PROPOSED INITIATIVE ENTITLED "INITIATIVE ADOPTING THE VALLCO
TOWN CENTER SPECIFIC PLAN TO (1) PROVIDE THAT THE VALLCO
SHOPPING DISTRICT SPECIAL AREA(" AREA") CONTAINS A MIXTURE OF
RESIDENTIAL, OFFICE, RETAIL, CIVIC AND EDUCATION USES; (2) REQUIRE
ANY DEVELOPMENT TO FUND OR PROVIDE COMMUNITY BENEFITS SUCH
AS TRANSIT, SCHOOLS, A GREEN ROOF, AND RECYCLED WATER; AND (3)
GRANT THE PROPERTY OWNER INITIAL ENTITLEMENTS TO DEVELOP IN
ACCORDANCE WITH THE INITIATIVE AND ESTABLISH A PROCESS FOR
FUTURE APPROVALS; AND MAKING RELATED AMENDMENTS TO
CUPERTINO'S GENERAL PLAN AND MUNICIPAL CODE" AND TO
APPROPRIATE FUNDS FOR THE PREPARATION OF THE REPORT
WHEREAS, on March 3, 2016, Vicky Tsai and Judy Wilson submitted to
the City Clerk a Notice of Intent to circulate an initiative petition ("Valko Initiative")
and a request for the City Attorney to prepare the official ballot title and summary; and
WHEREAS, on March 18, 2016, the City Attorney prepared the Title and
Summary for the Valko Initiative and provided it to the proponents; and
WHEREAS, Elections Code section 9212 authorizes the City Council to
direct City staff to prepare a report on the impacts of the Initiative, including seven
specified types of impacts as well as on "any other matter" that the City Council
requests to be included in the report; and
WHEREAS, the City Council has determined that such a report would
provide valuable information about the Valko Initiative to the Council and to all
interested residents of the City; and
WHEREAS, the preparation of an Elections Code section 9212 report is
not a project under provisions and requirements of the California Environmental
Quality Act of 1970, together with related State CEQA Guidelines (collectively,
"CEQA"), in that this is administrative action which does not involve a direct or
reasonably foreseeable indirect impact on the physical environment; and;
NOW, THEREFORE, BE IT RESOLVED:
APPENDIX 4
9212 Environmental Analysis
Initiative adopting the Vallco Town Center Specific Plan to (1) provide that the
Vallco Shopping District Special Area (“Area”) contains a mixture of residential,
office, retail, civic and educational uses; (2) require any development to fund or
provide community benefits such as transit, schools, a green roof, and recycled
water; and (3) grant the property owner initial entitlements to develop in
accordance with the Initiative and establish a process for future approvals; and
making related amendments to Cupertino’s General Plan and Municipal Code.
June 28, 2016
Prepared for:
City of Cupertino
Prepared by:
APPENDIX 5
TABLE OF CONTENTS
Section 1.0 Introduction and Summary of Initiative ......................................................................... 1
Section 2.0 Environmental Analysis ................................................................................................. 2
2.1 Adopted General Plan vs. General Plan with Initiative ........................................................ 2
2.2 Vallco Site-Specific Environmental Impacts ........................................................................ 5
2.2.1 Infrastructure ..................................................................................................................... 6
2.2.1.1 Transportation .......................................................................................................... 6
2.2.1.2 School Services ....................................................................................................... 17
2.2.1.3 Parks/Open Space ................................................................................................... 20
2.2.2 Other Public Services ...................................................................................................... 21
2.2.2.1 Police Services ........................................................................................................ 21
2.2.2.2 Fire Services ........................................................................................................... 21
2.2.2.3 Library Service ........................................................................................................ 22
2.2.3 Utilities and Service Systems .......................................................................................... 22
2.2.3.1 Wastewater Treatment/Sanitary Sewer System ....................................................... 22
2.2.3.2 Water ....................................................................................................................... 24
2.2.3.3 Energy ..................................................................................................................... 26
2.2.4 Other Environmental Issues ............................................................................................ 27
2.2.4.1 Aesthetics/Community Form ................................................................................... 27
2.2.4.2 Air Quality .............................................................................................................. 29
2.2.4.3 Biological Resources............................................................................................... 33
2.2.4.4 Cultural Resources .................................................................................................. 35
2.2.4.5 Geology and Soils ................................................................................................... 36
2.2.4.6 Greenhouse Gas Emissions ..................................................................................... 37
2.2.4.7 Hazards and Hazardous Materials ......................................................................... 38
2.2.4.8 Noise ....................................................................................................................... 40
Section 3.0 References .................................................................................................................... 44
TABLE OF CONTENTS
Tables
Table 1: Comparison of Citywide Development Buildout in 2040 under Adopted General Plan and
General Plan with Initiative ................................................................................................................... 2
Table 2: Comparison of Population and Housing under the Adopted General Plan and General Plan
with Initiative ......................................................................................................................................... 2
Table 3: Comparison of Development Assumptions for Vallco ........................................................... 4
Table 4: Summary of VTCSP EDF Consistency with City’s Typical Mitigation or Conditions of
Approval .............................................................................................................................................. 43
The Vallco Town Center Specific Plan Initiative 1 9212 Enviornmental Analysis
City of Cupertino June 2016
SECTION 1.0 INTRODUCTION AND SUMMARY OF INITIATIVE
The purpose of this report is to analyze the environmental impacts of a proposed initiative for
inclusion in an Elections Code 9212 report (9212 Report). The Initiative 1 would adopt the Vallco
Town Center Specific Plan (VTCSP) to govern the development of the Vallco Shopping District
Special Area (Vallco). The VTCSP is attached as Exhibit C to the Initiative.
Vallco is an approximately 58-acre area located at the North Wolfe Road/Vallco Parkway and North
Wolfe Road/Stevens Creek Boulevard intersections in the City of Cupertino. Most of Vallco
(approximately 51 acres) is developed with the Vallco Shopping Mall. A 148-room hotel was
recently approved on approximately two acres in the northeastern portion of the area (Hyatt House
Hotel).
General Plan Policy LU-19.1 requires a specific plan for Vallco prior to redevelopment of the site.
The Initiative adopts a specific plan, which is the VTCSP. The VTCSP provides for a mixed-use
development of 389 residential units (or up to 800 units with a Conditional Use Permit), 2.0 million
square feet of office uses, 640,000 square feet of commercial uses, and 339 hotel rooms at Vallco.
The VTCSP also allows the development of 50,000 square feet of public/civic space (or maximum of
100,000 square feet if office space is reduced on a per square foot basis). The Initiative also would
amend the General Plan and the Municipal Code to incorporate the VTCSP.
The VTCSP includes Environmental Design Features (EDFs), which are described in Appendix A of
the VTCSP, and include the following:
• 30-acre green roof,
• LEED Platinum certification (or equivalent),
• Utility infrastructure improvements,
• Town squares (minimum of three acres),
• Community/civic space (minimum of 50,000 square feet),
• School improvements, and
• Transportation improvements.
The intent of the EDFs is to avoid or minimize environmental impacts that could result from the
implementation of the VTCSP.
1 The City Attorney’s official Ballot Title for the Initiative is: “Initiative adopting the Vallco Town Center Specific
Plan to (1) provide that the Vallco Shopping District Special Area (“Area”) contains a mixture of residential, office,
retail, civic and educational uses; (2) require any development to fund or provide community benefits such as transit,
schools, a green roof, and recycled water; and (3) grant the property owner initial entitlements to develop in
accordance with the Initiative and establish a process for future approvals; and making related amendments to
Cupertino’s General Plan and Municipal Code.” Pursuant to Section 1 of the Initiative, the short title used by the
Initiative’s proponents is: “The Vallco Town Center Specific Plan Initiative” or “the Initiative.”
The Vallco Town Center Specific Plan Initiative 2 9212 Enviornmental Analysis
City of Cupertino June 2016
SECTION 2.0 ENVIRONMENTAL ANALYSIS
2.1 ADOPTED GENERAL PLAN VS. GENERAL PLAN WITH INITIATIVE
Pursuant to Elections Code Section 9212 and the City Council’s resolution authorizing preparation of
a 9212 Report, this environmental analysis examines the differences between the adopted General
Plan (i.e., without the Initiative) at buildout and the General Plan with the Initiative at buildout. In
this way, the analysis, where possible, calculates and evaluates what the actual impacts of the
Initiative will be.
Table 1 summarizes the development assumptions at buildout of the City in 2040 under both the
adopted General Plan and the General Plan with Initiative. As shown in Table 1, the Initiative does
not change the amount of development citywide under the adopted General Plan. As a result, the
total number of housing units, population, and jobs in the City at buildout would not change with the
Initiative (see Table 2).
Table 1: Comparison of Citywide Development Buildout in 2040 under Adopted General Plan and
General Plan with Initiative
Land Uses
Citywidea
Adopted General Plan General Plan
with Initiative Change with Initiative
Residential (units) 23,294 23,294 No Change
Commercial (sq. ft.) 4,430,982 4,430,982 No Change
Office (sq. ft.) 11,470,005 11,470,005 No Change
Hotel (rooms) 1,429 1,429 No Change
Note: a This table presents the maximum allowable buildout under each scenario, which is defined to include existing
development “on the ground,” projects approved as of December 10, 2014, and potentially allowable future development
through 2040. This definition is used consistently throughout this report.
Table 2: Comparison of Population and Housing under the Adopted General Plan and
General Plan with Initiative
Adopted General Plan General Plan with
Initiative Change with Initiative
Housing Units 23,294 23,294 No Change
Populationa 68,484 68,484 No Change
Jobsb 48,509c 48,509 No Change
Notes:
a Assumes 2.94 persons per household (City of Cupertino. General Plan Amendment, Housing Element Update and
Associated Rezoning EIR. State Clearinghouse No. 2014032007. Certified December 2014. Table 4.11-3, footnote b.).
b Assumes 1 job/300 sf of office; 1 job/450 sf of commercial; 0.3 jobs/hotel room (City of Cupertino. General Plan
Amendment, Housing Element Update and Associated Rezoning EIR. State Clearinghouse No. 2014032007. Certified
December 2014. Table 4.11-3, footnote c.)
c 4,430,982 commercial sf/450 = 9,847 commercial jobs; 11,470,005 office sf/300 = 38,233 office jobs; 1,429 hotel rooms x
0.3 = 429 hotel jobs.
The Vallco Town Center Specific Plan Initiative 3 9212 Enviornmental Analysis
City of Cupertino June 2016
In addition, the Initiative does not change the amount of development allowable at Vallco under the
adopted General Plan (see Table 3). In Table 3, The Hills at Vallco development proposal is used as
an example of a project that was proposed for the Vallco site under the adopted General Plan as a
point of reference. By letter dated December 21, 2015, the applicant for The Hills at Vallco
requested that the City and its consultants cease work on the Environmental Impact Report in light of
the filing of the Cupertino Citizens’ Sensible Growth Initiative.2
As shown in Table 3, while the adopted General Plan allows 389 residential units at Vallco, there is
available housing allocation citywide to develop 800 residential units at Vallco. Unused allocations
can be re-assigned elsewhere in the City (General Plan policy LU-1.2.3). For this reason, while the
Initiative would not develop the maximum commercial square footage allowed by the adopted
General Plan (see Table 3), there is no net decrease in citywide commercial development at buildout
(see Table 2).
The difference between what is proposed under the Initiative and what is allowed under the adopted
General Plan citywide and at Vallco is either nonexistent, or at most minimal, and therefore, would
not result in substantially different environmental impacts.
Based on the above discussion, the magnitude of development and impacts from citywide buildout
under the General Plan with Initiative would be the same as for citywide buildout under the adopted
General Plan. The impacts of the adopted General Plan were evaluated in the certified 2014 General
Plan Amendment, Housing Element Update and Associated Rezoning Environmental Impact Report
(General Plan EIR) and 2015 General Plan Amendment, Housing Element Update and Associated
Rezoning EIR Final Addendum (General Plan Addendum).3 The General Plan EIR assumed Vallco
would be redeveloped with 800 residential units, 2.0 million square feet of office uses, 625,335
square feet of commercial uses, and 339 hotel rooms.
2 The City Attorney’s official Ballot Title for the Cupertino Citizens’ Sensible Growth Initiative is: “Initiative
amending Cupertino’s General Plan to limit redevelopment of the Vallco Shopping District, limit building heights
and lot coverages in areas throughout the City, establish new setbacks and building planes on major thoroughfares,
and require voter approval for any changes to these provisions.”
3 The General Plan EIR (City of Cupertino. General Plan Amendment, Housing Element Update and Associated
Rezoning Environmental Impact Report. State Clearinghouse No. 2014032007. Certified December 2014.) and
General Plan Addendum (City of Cupertino. General Plan Amendment, Housing Element Update and Associated
Rezoning EIR Final Addendum. Adopted October 2015.) are the best resources available that evaluate the impacts of
the adopted General Plan. The General Plan EIR, as amended by the Addendum, analyzed more intense
development and greater citywide buildout than ultimately was approved by the City Council. Because the General
Plan EIR and Addendum analyzed more development than was approved, the General Plan EIR and Addendum
provide a conservative analysis of the environmental impacts from the buildout of the adopted General Plan.
The Vallco Town Center Specific Plan Initiative 4 9212 Enviornmental Analysis
City of Cupertino June 2016
Table 3: Comparison of Development Assumptions for Vallco
Land Uses Vallco
Adopted General Plan General Plan with
Initiative
Increase/ (Decrease)
As Currently
Allowed
Assuming 2015
Sand Hill
Proposal
Residential (units) a 389 800 with CUP a 389, or 800 with
CUP
No Changea
Office (sq. ft.) 2,000,000 2,000,000 2,000,000 No Change
Commercial (sq. ft.) b 1,200,000
(Minimum of
600,000 retained
on site)
650,000 640,000 Minimal Change
Hotel (rooms) c 339 339 339c No Change
Notes:
a The allowable number of housing units citywide would remain the same because the City’s General Plan has additional housing
units available in other Planning Areas that are not allocated to specific Housing Element sites. The adopted General Plan EIR
analyzed the development of up to 800 residential dwelling units on Vallco.
b While the Initiative would prescribe changes at the Specific Plan level, the changes are consistent with the adopted General Plan.
The General Plan allows a reduction of commercial square feet to a minimum of 600,000 square feet, and the reallocation of the
remaining square feet (difference between proposed square footage and maximum allowable build out of 1,207,744 at Vallco)
within the Vallco Shopping District or elsewhere in the City. (Numbers shown above are rounded to nearest 10,000 square feet
for ease of discussion and analysis.)
c Vallco has an allocation of 339 hotel rooms, of which the City has already approved 148 rooms for the Hyatt House Hotel. No
current development plans have been submitted for the remaining 191 rooms.
The Vallco Town Center Specific Plan Initiative 5 9212 Enviornmental Analysis
City of Cupertino June 2016
2.2 VALLCO SITE-SPECIFIC ENVIRONMENTAL IMPACTS
Following the Initiative sponsors’ Notice of Intent to Circulate Petition for the Initiative, Steve
Lynch, a representative of Sand Hill Property Company submitted the Vallco Town Center Specific
Plan Environmental Assessment (April 2016) (EA). Given the time constraints for completing the
9212 Report, the length of the EA, and the date the EA was submitted to the City, it is not possible
for the City or its consultants to complete an adequate technical peer review of the entire EA.
Accordingly, the following is a high-level analysis of the site-specific impacts that could occur from
the development contemplated in the VTCSP under the General Plan with Initiative with CUP
scenario.4 This analysis assumed development of the VTCSP would include 800 residential units
(160 of which would be age restricted senior housing), 2.0 million square feet of office uses, 640,000
square feet of commercial uses, 339 hotel rooms, 50,000 square feet of public/civic space, two town
squares totaling three acres, and a 30-acre green roof.
This site-specific environmental analysis is primarily qualitative and based on available information
and the professional judgement of the City’s environmental consultant. This analysis is not a review
of the Initiative under the California Environmental Quality Act (CEQA).
The site-specific analysis for each issue (1) identifies potential environmental impacts or constraints
that could result from the implementation of the VTCSP and (2) discusses the adequacy of the
VTCSP’s Environmental Design Features (EDFs) to mitigate or avoid environmental impacts
compared to mitigation and conditions of approval the City would typically require for such impacts
under the standard approval process. A summary of the consistency of the VTCSP EDFs with the
City’s typical mitigation or conditions of approval is provided in Table 4 at the end of this section.
Consistency of the VTCSP EDFs with mitigation measures identified in the General Plan EIR for
future development is also discussed, as appropriate. Accordingly, this analysis identifies instances
in which the conclusions in the EA differ from the conclusions of the 9212 Report based on the
available information and professional judgement.
The environmental analysis looks at effects of implementing the Initiative on the following
resources:
Infrastructure
• Transportation
• School Services
• Parks/Open Space
• Other Public Services (police, fire,
library)
• Utilities and Service Systems
Other Environmental Issues
• Aesthetics/Community Form
• Air Quality
• Biological Resources
• Cultural Resources
• Geology and Soils
• Greenhouse Gas Emissions
• Hazards and Hazardous Materials
• Noise
4 The environmental analysis focuses on the environmental impacts of the General Plan with Initiative with CUP
scenario because it assumes the most development under the Initiative. Lesser development (i.e., development
under the General Plan with Initiative without CUP) would result in lesser impacts.
The Vallco Town Center Specific Plan Initiative 6 9212 Enviornmental Analysis
City of Cupertino June 2016
The environmental analysis does not discuss the Initiative’s impact on the following resources for the
reasons specified below:
• Agricultural and Forestry Resources – Vallco is located in an urban, developed area.
Vallco is not designated or used for agricultural or forestry uses; nor are properties adjacent
to Vallco designated or used for agricultural or forestry uses.
• Hydrology and Water Quality – Impacts to hydrology and water quality from
redevelopment of Vallco would be mitigated and avoided through compliance with existing
policies and regulations.
• Mineral Resources – Vallco does not contain any known mineral resource, and is not
designated as a locally important mineral resource recovery site.
• Population and Housing – As discussed in Section 2.1, the Initiative would not affect the
population and housing projections from buildout of the adopted General Plan.
• Solid Waste – The estimated solid waste generation and disposal requirements for the City at
buildout are the same with or without the Initiative. The solid waste impacts for buildout of
the General Plan (including redevelopment of Vallco with or without the Initiative) are
disclosed in the General Plan EIR.
A discussion of the Initiative’s impacts on population and housing and land use are discussed in the
9212 Report.
2.2.1 Infrastructure
2.2.1.1 Transportation
Development of the VTCSP is subject to applicable General Plan policies that ensure adequate
transportation facilities are available to the residents of Cupertino including Policies M-1.2, M-1.3,
M-2.1 through 2.6, M-3.2 through M-3.6, M-3.8, M-4.4, M-4.7, M-5.2, M-7.1, M-8.3, M-8.4, M-9.2,
and M-10.1 (refer to Attachment A for referenced policies). The development of the VTCSP could
result in impacts to roadways and transit, bicycle, and pedestrian facilities. Other transportation-
related concerns include parking and neighborhood intrusion.
The following discussion of transportation impacts is primarily based on the preliminary
transportation technical assessment of the proposed The Hills at Vallco project prepared by Fehr &
Peers, the City’s traffic consultant.5 Fehr & Peers prepared a memo that compares the preliminary
assessment of The Hills at Vallco to the transportation analysis in the EA. A copy of this memo is
included in Attachment B. Some of the analyses differ due to the differences in methodology and
assumptions applied. The transportation impacts from development of the VTCSP are discussed
below.
5 As shown in Table 3, the proposed The Hills at Vallco project involved a similar amount of development at Vallco
as the Initiative. Therefore, in general, the transportation impacts from implementation of the VTCSP would be
similar to the impacts from implementation of The Hills at Vallco.
The Vallco Town Center Specific Plan Initiative 7 9212 Enviornmental Analysis
City of Cupertino June 2016
• Intersection Level of Service Impacts – Buildout of the General Plan (including
redevelopment of Vallco with or without the Initiative) would result in significant congestion
at intersections.6 As required by General Plan Policy M-10-2 and General Plan EIR
Mitigation Measure TRAF-1, the City will prepare and implement a citywide Transportation
Mitigation Fee Program (TMFP) to provide for funding for roadway and infrastructure
improvements that would mitigate transportation impacts resulting from the buildout of the
General Plan.7 As part of the TMFP, the City will prepare a “nexus” study that will serve as
the basis for requiring development impact fees. The fees will be assessed when there is new
construction, an increase in square footage in an existing building, or the conversion of
existing square footage to a more intensive use. The City is currently in the initial stages of
preparing the TMFP.
Based on preliminary analysis, it is likely that 15 intersections would be significantly
impacted from the VTCSP development. The EA identified five intersections that would be
significantly impacted by the VTCSP development. These significantly impacted
intersections are listed below.
Due to the differences approach used by the City and in the EA in trip assignments for
approved and pending development projects and in the amount of added project traffic, there
are volume differences between what the City and the analysis in the EA assumed at
intersections. These volume differences result in different impacts being identified by the
City and in the EA. In addition, the EA did not evaluate traffic impacts under existing with
project conditions.
Significantly Impacted Intersection Identified by
City EA
8 De Anza Boulevard/Homestead Road
11 De Anza Boulevard/Stevens Creek Boulevard
12 De Anza Boulevard/McClellan Road
13 De Anza Boulevard/Bollinger Road
34 Wolfe Road/Stevens Creek Boulevard
37 Miller Avenue/Bollinger Road
44 Stevens Creek Boulevard/Tantau Avenue
45 Stevens Creek Boulevard/Calvert Drive-I-280 Ramps (east)
48 Stevens Creek Boulevard/Lawrence Expressway Ramps (west)
53 Lawrence Expressway/I-280 Southbound Ramps
54 Lawrence Expressway/Mitty Way
55 Lawrence Expressway/Bollinger Road
56 Lawrence Expressway/Doyle Road
57 Lawrence Expressway/Prospect Road
58 Lawrence Expressway/Saratoga Avenue
60 SR 85 (North)/Saratoga Avenue
Total Number of Significantly Identified Intersections 15 5
6 City of Cupertino. General Plan Amendment, Housing Element Update and Associated Rezoning EIR. State
Clearinghouse No. 2014032007. Certified December 2014. Page 4.13-52.
7 Ibid. Pages 4.13-53 through 4.13-56.
The Vallco Town Center Specific Plan Initiative 8 9212 Enviornmental Analysis
City of Cupertino June 2016
The VTCSP includes the following EDFs that would reduce impacts to significantly
impacted intersections:
43. Level of Service (LOS) at Local Intersections: Prior to the issuance of the first certificate of
occupancy, the Town Center/Community Park applicant and other project applicants for future
development shall demonstrate to the reasonable satisfaction of the Public Works Director that
geometric and/or signal improvements (in close collaboration with the applicable governing
agencies) have been implemented at the following intersections alleviating the increase in delay
due to the addition of net project traffic. To improve traffic operations where no geometrical
improvements are deemed necessary, the Town Center/Community Park applicant, in conjunction
with City Staff, shall contribute toward software acquisition and implementation that would
improve traffic signal operations and signal coordination along the study area roadways. These
improvements are subject to future City approval. The City shall have the discretion to modify
these improvements or require alternative improvements, as determined by the Public Works
Director, provided the modified or alternative improvements provide similar congestion relief and
are similar in scope and cost.
Intersection Improvements
De Anza Blvd/
Homestead Rd
In the AM peak, provide an eastbound right turn overlap phase
De Anza Blvd/
Stevens Creek Blvd
In the PM peak, provide an eastbound right turn and a northbound
right turn overlap phases
De Anza Blvd/
McClellan Rd
In the PM peak, provide an eastbound right turn overlap phase
De Anza Blvd/
Bollinger Rd
In the AM peak, provide a westbound right turn overlap phase
Wolfe Rd/Stevens
Creek Blvd
Add a second southbound left turn lane by widening 400 feet along
project frontage and modify the signal accordingly. In addition,
provide an overlap phase for the southbound right turn and the
eastbound right turn. Alternatively, if the City prioritizes the
retention of trees, the City has the option to require the applicant to
provide $250,000 as an in lieu payment for traffic improvements in
the area
Stevens Creek Blvd/
Calvert Dr/
I-280 Ramps
The intersection traffic operations will benefit due to the
implementation of new traffic signal software
45. Queues at Local Intersections: Prior to the issuance of the first certificate of occupancy, the
Town Center/Community Park applicant and other project applicants for future development shall
demonstrate to the satisfaction of the Public Works Director that geometrical improvements and
signal phasing improvements (in close collaboration with the applicable governing agencies) have
been implemented at the following intersections to alleviate queue length due to the addition of the
net project traffic. To improve traffic operations where no geometrical improvements are deemed
necessary, the Town Center/Community Park applicant and other project applicants for future
development shall contribute $2,000,000 to $3,000,000 toward software acquisition and
implementation that would improve traffic signal operations and signal coordination along the
following study area intersections, subject to modifications approved by the Director of Public
Works in coordination with other agencies:
Intersections
• De Anza Boulevard/I-280 Ramps North
• De Anza Boulevard/Stevens Creek Boulevard
• De Anza Boulevard/McClellan Road
• De Anza Boulevard/Bollinger Road
• De Anza Boulevard/SR 85 Ramps South
The Vallco Town Center Specific Plan Initiative 9 9212 Enviornmental Analysis
City of Cupertino June 2016
• Stevens Creek Blvd/Perimeter Road
• Wolfe Road/El Camino Real
• Wolfe Road/Fremont Ave
• Wolfe Road/Iverness Avenue
• Wolfe Road/Vallco Parkway
• Wolfe Road/Stevens Creek Boulevard
• Tantau Avenue/Pruneridge Avenue
• Stevens Creek Blvd/Agilent Driveway
46. Queues at Intersection - De Anza Boulevard/Stevens Creek Boulevard, PM Peak,
Westbound Left: To potentially eliminate the need to lengthen the westbound left turn pocket at
this intersection, and prior to the issuance of final occupancy for each building sequence, the
Town Center/Community Park applicant and other project applicants for future development shall
evaluate the PM peak hour queue length to confirm if alternative signal phasing and/or geometric
improvements would achieve level of service or queue that is equivalent to lengthening the
westbound left turn pocket at this intersection. If geometric and/or signal phasing improvements
would result in the same or better level of service and queue, then lengthening the left-turn pocket
would not be required.
52. Transportation Demand Management Plan: Prior to the issuance of the first certificate of
occupancy, the Town Center/Community Park applicant and other project applicants for future
office development shall prepare and implement a Transportation Demand Management (TDM)
Plan with an overall target of reducing Specific Plan office-generated weekday peak hour trips by
30 percent below applicable Institute of Transportation Engineers trip generation rates. Future
project applicant(s) for office developments must demonstrate to the satisfaction of the Public
Works Director that a TDM manager has been appointed and retained with the responsibility to
implement and monitor the TDM Plan….8
55. Queues at Intersection- Lawrence Expressway/Saratoga Avenue, AM Peak, Eastbound
Left: To potentially eliminate the need to lengthen the eastbound left turn pocket at this
intersection, and prior to the issuance of certificate(s) of occupancy that triggers a level of service
equivalent to the existing occupied Vallco Mall level of service, the Town Center/Community
Park applicant and other project applicants for future development shall evaluate the queue length
to confirm if alternative signal phasing and/or geometric improvements would achieve level of
service and queue that is environmentally equivalent to lengthening the eastbound left turn pocket
at this intersection . If geometric and/ or signal phasing improvements would result in an
equivalent level of service and queue, then lengthening of the left-turn pocket would not be
required.
56. County Expressway Facilities: Lawrence Expressway: Prior to the issuance of certificate(s)
of occupancy that triggers a level of service equivalent to the existing occupied Vallco Mall level
of service, the Town Center/Community Park applicant and other project applicants for future
development shall pay a fair share contribution towards the following planned transportation
improvements along Lawrence Expressway. The fair share shall be calculated as a portion of the
total Specific Plan percentage fair share and consultation with County Roads and Airports
Department subject to design optimization based on level of service standard, other funding
sources, and local match.
• Lawrence Expressway/Homestead Rd
• Lawrence Expressway/Pruneridge Ave
• Lawrence Expressway/Prospect Rd
8 The full text of EDF 52 is provided in Appendix A of the VTCSP.
The Vallco Town Center Specific Plan Initiative 10 9212 Enviornmental Analysis
City of Cupertino June 2016
A discussion of the consistency of each EDF with what the City would typically require as
mitigation or a condition of approval is provided below. Table 6 in Attachment B lists each
impacted intersection and the corresponding EDF and/or mitigation that would typically be
identified by the City under the standard approval process.
VTCSP EDF 43 provides for geometric and/or signal improvements at specified
intersections. The City’s support of the identified improvements in EDF 43 are summarized
below. Overall, most of the identified improvements in EDF 43 are not acceptable to the
City and other improvements, which are identified below, would be required by the City
during the standard approval process.
Intersection VTCSP EDF 43 Improvements Consistency with City’s typical mitigation or
conditions of approval
8. De Anza
Blvd/
Homestead
Rd
In the AM peak, provide an
eastbound right turn overlap phase
The City would not support the proposed
improvement. Because the City would not likely
identify a significant impact at this intersection,
no improvements would be required under the
standard approval process at this intersection.
11. De Anza
Blvd/ Stevens
Creek Blvd
In the PM peak, provide an
eastbound right turn and a
northbound right turn overlap
phases
The City would not support the proposed
improvement.
The City would likely require the developer to
pay a fair share contribution to the addition of a
westbound right-turn lane from Stevens Creek
Boulevard to De Anza Boulevard under the
standard approval process.
12. De Anza
Blvd/
McClellan Rd
In the PM peak, provide an
eastbound right turn overlap phase
The City would not support the proposed
improvement.
The City would likely require the developer to
realign the current off-set intersection and
provide double left-turn lanes on the northbound
and southbound De Anza Boulevard (with
associated receiving lanes) under the standard
approval process.
13. De Anza
Blvd/
Bollinger Rd
In the AM peak, provide a
westbound right turn overlap phase
The City would not support the proposed
improvement. There is no feasible mitigation for
this intersection that the City would support.
34. Wolfe
Rd/Stevens
Creek Blvd
Add a second southbound left turn
lane by widening 400 feet along
project frontage and modify the
signal accordingly. In addition,
provide an overlap phase for the
southbound right turn and the
eastbound right turn.
Alternatively, if the City prioritizes
the retention of trees, the City has
the option to require the applicant
to provide $250,000 as an in lieu
payment for traffic improvements
in the area
The City would support the addition of a second
southbound left turn lane and signal
improvements.
The City would not support an overlap phase for
the southbound right turn and eastbound right
turn (nor the alternative in-lieu payment).
Additionally, the City would likely require the
developer to restripe the westbound leg to
provide a designated right-turn lane by narrowing
all existing lanes.
45. Stevens
Creek Blvd/
Calvert Dr/
I-280 Ramps
The intersection traffic operations
will benefit due to the
implementation of new traffic
signal software
The City would support new traffic signal
software.
The Vallco Town Center Specific Plan Initiative 11 9212 Enviornmental Analysis
City of Cupertino June 2016
VTCSP EDF 45 is consistent with what the City would typically require during the standard
approval process to improve operations along De Anza Boulevard (between I-280 and SR
85), Wolfe Road (generally between El Camino Real and Stevens Creek Boulevard), select
locations on Stevens Creek Boulevard (Agilent Driveway and Perimeter Road), and the
intersection of Tantau Avenue and Pruneridge Avenue. It should be noted that as written in
EDF 45, the $2 million to $3 million contribution would not solely come from the Town
Center/Community Park applicant, but also other project applicants in the area; though the
other project applicants are not identified. In addition, contributions toward signal software
and improved signal coordination would be based on the project’s fair share contribution
would typically be finalized in consultation with the City and other appropriate agencies
under the standard approval process. Thus, the contribution amount could be different than
what is identified in EDF 45.
VTCSP EDFs 46 and 55 are consistent with what the City would typically require to reduce
queue lengths. Typically the City would require queue lengths be evaluated and necessary
improvements identified prior to development approval rather than prior to issuance of final
occupancy permits/certificates, however. The necessary improvements would need to be
completed prior to issuance of occupancy permits.
VTCSP EDF 52 is consistent with what the City would typically require to reduce
intersection and freeway impacts under the standard approval process. VTCSP EDF 52 is
unclear how the office trip generation would be monitored. Because the office uses do not
have exclusive parking areas with driveways that are separated from the remaining uses in
the VTCSP, the monitoring for the TDM plan would need to be resolved in order to
determine whether the TDM goals were met.
VTCSP EDF 56 is consistent with what the City would require during the standard approval
process to reduce impacts on Lawrence Expressway. However, because the fair share
calculation is based on the number of trips added by the VTCSP and the EA identified a
lower trip generation than the City would likely identify, the EA contribution would be less
than what would be required by the City during the standard approval process. Additionally,
VTCSP EDF 56 identifies only three intersections along Lawrence Expressway (Homestead
Road, Pruneridge Avenue, and Prospect Road) that would receive funding while the City
would have likely identified additional locations on Lawrence Expressway, including the I-
280 southbound ramps at Stevens Creek Boulevard, Mitty Way, Bollinger Road, Doyle Road,
and Saratoga Avenue and require the payment of fair-share contributions to improvements at
those intersections as well. For these reasons, VTCSP EDF 56 is inconsistent with and
insufficient compared to what the City would typically require during the standard approval
process.
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City of Cupertino June 2016
The City identified significantly impacted intersections that are not addressed by EDFs
because of the reasons stated above regarding differences in methodology and approach.
Those intersections identified by the City are listed below along with the mitigation or
conditions of approval the City would likely require during the standard approval process.
# Intersection City’s Typical Mitigation or Conditions of Approval
37 Miller
Avenue/Bollinger Road
The City would likely require the developer to pay a fair share
contribution to provide a dedicated right-turn lane on southbound
Miller Avenue.
44 Stevens Creek
Boulevard/Tantau
Avenue
The City would likely require the developer to construct an additional
separate left-turn lane on northbound Tantau Avenue.
60 SR 85 (North)/Saratoga
Avenue
The City would likely require the developer to pay a fair share
contribution toward reconfiguring the northbound off-ramp approach
to include two left-turn lanes and two right-turn lanes.
• Freeway Level of Service Impacts – Buildout of the General Plan (including the
redevelopment of Vallco with or without the Initiative) would result in significant freeway
impacts. Improvements to freeways are under the jurisdiction of the California Department
of Transportation (Caltrans), not the City of Cupertino. The City will cooperate with
Caltrans to identify improvements to the affected freeway segments and include identified
freeway improvements as part of the City’s TMFP (when adopted) so that proposed projects
pay their fair-share towards mitigating improvements.9 The City is currently in the initial
stages of preparing the TMFP.
A summary of the number of significantly impacted freeway segments from the VTCSP
development is provided below. Refer to Attachment B for a list impacted freeway
segments.
Freeway Number of Identified Segments Impacted by
City EA
Existing with VTCSP conditions
SR 17 2 0
SR 85 5 14
I-280 10 16
I-880 3 0
Total Segments Impacted 20 30
Cumulative with VTCSP conditions
SR 17 2 3
SR 85 5 18
I-280 15 18
I-880 4 0
Total Segments Impacted 26 39
9 City of Cupertino. General Plan Amendment, Housing Element Update and Associated Rezoning EIR. State
Clearinghouse No. 2014032007. Certified December 2014. Page 4.13-59.
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Overall, the EA identified more significantly impacted freeway segments than the City would
have likely identified. Specifically, the EA identified fewer impacted segments on SR 17,
more impacted segments on SR 85, more impacted segments on I-280, and fewer impacted
segments on I-880. The difference in freeway impacts identified by the City and in the EA
are due to differences in trip generation assumptions, trip dispersion, and the volume of
traffic assigned to HOV lanes.
The VTCSP includes the following EDFs that would reduce freeway impacts:
22. Freeway Interchange, Overpass, and Segment Funding: Consistent with the Plan Area’s
environmental design features, provide a fair share financial contribution of $30 million for
freeway infrastructure, specifically the build-out of the roadway improvements planned for North
Wolfe Road and I-280 overpass and interchange and future I-280 freeway segment improvements,
to address traffic congestion.10
44. Level of Service at Freeway Segments: Prior to the issuance of the first certificate of
occupancy, the Town Center/ Community Park applicant and other project applicants for future
development shall pay a voluntary fair share contribution of $4,000,000 towards planned
transportation projects identified in VTA’s Valley Transportation Plan 2040 (VTP 2040) that
would improve traffic operations of the impacted freeway segments and provide added
transportation capacity on parallel facilities. The fair share contribution amount will be calculated
in consultation with VTA staff with the development’s contribution to the impacted freeway
segment.
52. Transportation Demand Management Plan: Prior to the issuance of the first certificate of
occupancy, the Town Center/Community Park applicant and other project applicants for future
office development shall prepare and implement a Transportation Demand Management (TDM)
Plan with an overall target of reducing Specific Plan office-generated weekday peak hour trips by
30 percent below applicable Institute of Transportation Engineers trip generation rates. Future
project applicant(s) for office developments must demonstrate to the satisfaction of the Public
Works Director that a TDM manager has been appointed and retained with the responsibility to
implement and monitor the TDM Plan….11
54. Wolfe Road Interchange: Prior to the issuance of certificate(s) of occupancy that triggers a
level of service equivalent to the existing occupied Vallco Mall level of service, the Town Center/
Community Park applicant and other project applicants for future development shall pay $26
million contribution towards the planned transportation improvements at the I-280 and Wolfe
Road interchange subject to design optimization based on level of service standard, other funding
sources, and local match.12
The concept of fair share contributions towards improvements at impacted freeway segments
in Specific Plan EDFs 22, 44, and 54 is consistent with what the City would typically require
under the standard approval process, although the monetary contribution by the Specific Plan
would be assessed to determine the appropriate fair share contribution for all impacted
freeway segments identified by the City and finalized in consultation with the City and other
10 Of the $30 million contribution, it is assumed $26 million is for improvements to the North Wolfe Road and I-280
interchange (EDF 54) and the remaining $4 million would be for future I-280 and other freeway segment
improvements (EDF 44).
11 The full text of EDF 52 is provided in Appendix A of the VTCSP.
12 The $26 million payment by the VTCSP towards the planned improvements at the I-280/Wolfe Road interchange
equates to approximately 25 percent of the total cost of reconstructing the interchange.
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appropriate agencies under the standard approval process. Thus, the contribution amounts
could be different than what are identified in EDFs 22, 44, 54.
VTCSP EDF 52 is consistent with what the City would typically require to reduce freeway
impacts under the standard approval process. It is unclear how the office trip generation
would be monitored, however. Because the office uses do not have exclusive parking areas
with driveways that are discrete from the remaining uses in the VTCSP, the monitoring for
the TDM plan would need to be resolved.
• Impacts to Transit Facilities – The addition of traffic on roadways from the development of
the VTCSP could impact transit service and performance. The City and VTA do not have a
specified significance threshold for transit delay, however, the City is not opposed to the
transit delay analysis and conclusion in the EA. The analysis in the EA concluded that the
development of the VTCSP would not result in significant delays in transit service.
The VTCSP includes the following EDFs to enhance transit service:
19. Free Community Shuttle: Require that a project applicant spearhead and provide substantial
funding for a community effort to provide a free community shuttle, in partnership with the City,
VTA, local school districts, property owners, and/ or corporate employers.
47. Transit/ East Side Transit Center & Community Shuttle: The Town Center/ Community
Park applicant and other project applicants for future development shall implement the following
transit improvements prior to issuance of certificate(s) of occupancy that trigger a level of service
equivalent to the existing occupied Vallco Mall level of service:
1. Install a public transit center on the east side of the Specific Plan Area to serve office
workers.
2. Spearhead and provide substantial funding for a partnership with the City, VTA, local
school districts, property owners, and/ or corporate employers…. 13
48. Transit/Mobility Hub: The Town Center/Community Park applicant and other project
applicants for future development shall implement the following transit improvements prior to
issuance of certificate(s) of occupancy for (i) the Block 1 buildings or (ii) the entirety of the
Residential allocation: Install a public transit center as part of the Mobility Hub on the north side
of Stevens Creek Boulevard.
VTCSP EDFs 19, 47, and 48 are consistent with the City would typically require for a
development such as VTCSP during the standard approval process. Transit improvements
are typically coordinated with and agreed upon by the VTA during the standard approval
process to ensure that the improvements are consistent with VTA’s long-term plans and
needs.
13 The full text of EDF 47 is provided in Appendix A of the VTCSP.
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• Impacts to Bicycle and Pedestrian Facilities – The City would review a project’s impact on
bicycle and pedestrian quality of service during the standard approval process. As part of the
review, the City would typically measure features of the physical environment that affect
comfort and safety for bicyclists and pedestrians and require bicycle and pedestrian
improvements to reduce impacts.
The VTCSP includes the following EDFs to improve bicycle and pedestrian facilities:
49. Bicycles and Pedestrian Improvements: The Town Center/Community Park applicant shall,
prior to the issuance of the first certificate of occupancy, and to the extent not already constructed
or funded by other existing commitments, implement the following bicycle and pedestrian
improvements:
1. Install green color backed sharrows on Tantau Avenue between Stevens Creek Boulevard
and Bollinger Road for Class III facilities.
2. Install marked bike loop-detectors on southbound Portal Avenue at Stevens Creek
Boulevard and convert all-way stop-control to two-way stop-control at the Portal Avenue
and Wheaton Drive intersection with stops on Wheaton Drive.
3. On Portal Avenue between Stevens Creek Boulevard and Wheaton Drive, install green
color backed sharrows for a Class III facility, and install a ladderstyle crosswalk at
Amherst Drive and Portal Avenue, and install “neighborhood greenway” signage along
Portal Avenue.
50. Bicycle and Pedestrian Funding: The Town Center/ Community Park applicant shall, prior
to the issuance of the final certificate of occupancy, and to the extent not already constructed or
funded by other existing commitments, implement the following bicycle and pedestrian
improvements:
If approved by the City, provide a $6 million cash donation to the City for the express purpose to
analyze and construct a 2-mile bicycle/ pedestrian trail along the southern edge of Interstate 280
between De Anza Boulevard and Wolfe Road (See Community Benefit 17).
VTCSP EDF 49 is generally consistent with what the City would typically require during the
standard approval process but would require some adjustments to conform to City standards.
VTCSP EDF 50 is consistent with what the City would typically require during the standard
approval process.
Additionally, the City would likely require green or buffered bicycle lanes on Wolfe Road;
Class IV bike lanes (i.e., separated bikeways) on Stevens Creek Boulevard; removal of pork
chop islands at Stevens Creek Boulevard/Wolfe Road; and enhanced pedestrian crossing at
Stevens Creek Boulevard intersections at Perimeter Road and Wolfe Road, as well as the
Vallco Parkway intersections at Wolfe Road and Perimeter Road. While EDFs 49 and 50 do
not specifically require these additional improvements, the Specific Plan requires a developer
to “construct and/or fund additional improvements to pedestrian and bike trail(s) throughout
the Plan Area, including along the entirety of the existing Perimeter road, and in the Plan
Area vicinity to improve Safe Routes to Schools and address both bike and pedestrian safety
and traffic concerns.” (C-90.) Therefore, the Specific Plan contemplates that additional
measures, like those the City would typically require, are required community benefits.
• Parking – Based on the City’s Municipal Code, the Specific Plan would be required to
provide 10,413 vehicle parking spaces. The VTCSP proposes 9,060 vehicle parking
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spaces.14 The proposed parking for the VTCSP, therefore, would not meet the City’s parking
standards. However, under Municipal Code Section 19.124.060(c), if a proposed project
does not meet the standard parking requirements, an applicant can request alternative parking
standards. To obtain approval of these alternative parking standards, a detailed parking study
is conducted to determine the required parking supply. The proposed parking for the Specific
Plan, therefore, would not meet either the City’s standard parking standards requirements, but
could meet an alternative parking standard if supported by a detailed parking study.
Pursuant to the City’s Municipal Code, and based on the vehicle parking supply, the VTCSP
would be required to provide 1,022 Class I bicycle parking spaces and 128 Class II bicycle
parking spaces.15,16 The EA identified a bicycle parking supply of 487 Class I facilities and
81 Class II facilities. The bicycle parking supply presented in the EA for the VTCSP is
deficient by 535 Class I bicycle parking spaces and 47 Class II bicycle parking spaces
compared to what the City would require under the standard approval process.
• Neighborhood Intrusion – There is a potential for vehicles traveling to and from the VTCSP
to divert to Blaney Avenue, Portal Avenue, Finch Avenue, and Tantau Avenue to avoid
potential congestion on Stevens Creek Boulevard, De Anza Boulevard, and Wolfe Road. The
VTCSP includes the following EDF to reduce neighborhood intrusion:
53. Potential Neighborhood Intrusion: The Town Center/ Community Park applicant and other
project applicants for future development shall fund neighborhood traffic monitoring studies and
provide fees to implement potential traffic calming improvements to minimize neighborhood
traffic if needed. The City of Cupertino Traffic Calming Programs should be considered when
evaluating traffic calming measures. Prior to the issuance of the first certificate of occupancy, the
Town Center/Community Park applicant and other project applicants for future development shall
provide up to $300,000 for the City of Cupertino for potential neighborhood traffic improvements.
The monitoring program could include the following items:
• Identifying the monitoring areas (roadways where the monitoring will occur);
• Setting baseline conditions (number of parked vehicles and traffic volumes on the
roadways);
• Determining thresholds for parking and traffic volume increases requiring action;
• Establishing the monitoring schedule; and
• Creating reporting protocols.
The baseline conditions shall be established prior to but within l year of initial occupancy.
Monitoring would then occur annually for 5 years.
VTCSP EDF 53 is consistent with what the City would typically require during the standard
approval process. Overall, the $300,000 is reasonable for the area of impact compared to the
funding the City required of Apple Campus 2 for monitor neighborhood intrusion ($250,000
for monitoring within the City Santa Clara and $500,000 for monitoring within the City of
Sunnyvale).
14 Under the Specific Plan, this number may be increased or decreased by five percent (450 stalls) without approval
of the Community Development Director. It further contemplates that parking beyond the five percent deviation can
be granted by the Community Development Director with “justification for the adjustment being sought.”
15 Class I bicycle parking facilities are usually enclosed and intended for long-term parking while Class II bicycle
parking is intended for short-term parking and typically includes bike racks.
16 Though not specified in the Municipal Code, the City typically applies the bicycle parking supply rates to the
gross vehicle parking supply numbers.
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• Safety Hazards and Accessibility – Under the standard approval process, the City would
typically review a project for the potential to increase hazards due to a design feature or
incompatible use. This process would still occur if the Initiative is approved. The City
would review the potential for safety hazards (e.g., inadequate sight distance, inadequate
emergency vehicle access, impacts of proposed programmable electronic signs on driver
safety, etc.) and compatibility with Americans with Disabilities Act (ADA) requirements
during subsequent City approvals for the VTCSP.
• Construction-Related Traffic Impacts – Construction vehicles, including construction
workers’ vehicles and trucks carrying construction materials or hauling excavated soil from
the site, would travel to and from the site as part of the development of the VTCSP. The EA
estimates that the number of average daily construction trips could be up to 661 (which
represents approximately two percent of the average daily trips from the VTCSP
development once the project is completed). Construction-related vehicle trips are temporary
and would likely be spread out over the day.
The VTCSP includes the following EDF that would reduce impacts from construction-related
traffic:
51. Construction Traffic Management: The Town Center/Community Park applicant and other
project applicants for future development shall prepare and maintain a Construction Management
Plan (CMP) to minimize disruption to transportation facilities caused by short term construction
activities. The CMP will include flagmen, schedules of potential closures, a construction hotline,
delineation layout, truck routes, delivery schedules, and alternative routes, per city industry
standards and requirements.
VTCSP EDF 51 is consistent with what the City would require during the standard approval
process.
2.2.1.2 School Services
The following discussion is based on a school impact analysis completed by Schoolhouse Services in
February 2016. Vallco is located within the Cupertino Union School District (CUSD) and Fremont
Union High School District (FUHSD). Both CUSD and FUHSD have grown steadily in recent
decades. Due to maturing households and the rapid increase in the cost of housing, however, CUSD
enrollment is projected to decrease by about 400 elementary and 500 middle school students over the
next five years. FUHSD enrollment is expected to increase by about 600 students over the same five
year period, then either stabilize or begin to decline as fewer students move up from the younger
grades.
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Students generated from residential development at Vallco would likely attend Collins Elementary,
Lawson Middle, and Cupertino High schools. The development of 800 residential units (160 of
which would be age-restricted senior units) at Vallco would generate about 218 students (122
elementary school students, 58 middle school students, and 38 high school students).17,18
The projected rate of decline in enrollment at CUSD is different among the three areas of the district.
Most of the schools within CUSD north and northeast of I-280 are anticipated to continue
experiencing some growth, thereby worsening existing capacity issues at local schools. Schools in
the central area lying south of I-280 and Bollinger Road overall are crowded, although not to the
extent of the northern schools. These central schools, including Collins Elementary School, are
beginning to experience decreases in enrollment. The schools in the southern portion of the district
are not at capacity, and are projected to have a continued decline in enrollment in the future.
Collins Elementary School has an enrollment capacity of 700 students and is currently 19 students
over capacity. Projected enrollment is anticipated to decline by 49 students by 2019, providing
available capacity at the school. The projected available capacity, however, is not sufficient to
accommodate the 122 students projected from redevelopment of Vallco.19
Lawson Middle School has an enrollment capacity of about 1,500 students and is currently 250
students below capacity. There is sufficient capacity at Lawson Middle School to accommodate
future projected enrollment, including the 58 students estimated from redevelopment of Vallco.20
Cupertino High School has an enrollment capacity of about 2,268 students and is currently 35
students below capacity.21 There is not sufficient capacity at Cupertino High School to
accommodate projected enrollment nor the estimated 38 high school students projected from
redevelopment of Vallco. There is, however, sufficient capacity at Lynbrook High School whose
attendance area lies south of the attendance area for Cupertino High School.22 In January 2016, the
School Board acted to allow students from Miller Middle School (which feeds into Cupertino High
School) to choose to enroll at Lynbrook instead and appointed a committee to study options for
changes in district attendance assignment policies.23
CUSD and FUHSD could add capacity to local schools by constructing new buildings on existing
campuses, constructing new buildings on newly purchased land, and/or repurposing existing
properties.24
17 The number of students was estimated based on the following student generation rates: 0.19 elementary school
students per unit; 0.09 middle school students per unit, and 0.06 high school students per unit (Source: Schoolhouse
Services. Enrollment and Fiscal Impact Analysis for The Hills at Vallco. February 2016. Table I-6.).
18 If 389 residential units (80 of which would be age-restricted senior units) were developed at Vallco,
approximately 105 students would be generated (59 elementary school students, 28 middle school students, and 19
high school students).
19 Schoolhouse Services. Enrollment and Fiscal Impact Analysis for The Hills at Vallco. February 2016, pages 12-
13.
20 Ibid, pages 1 and 14.
21 Ibid, page 14.
22 Ibid.
23 Ibid.
24 Schoolhouse Services. School Enrollment and Fiscal Impact Analysis General Plan Amendment Alternatives.
June 2014. Page 34.
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Pursuant to Senate Bill 50 (SB 50) and the adopted school fees, the VTCSP development is required
to pay school impact fees based on the square footage of the development. Under SB 50, payment of
school impact fees provides full and complete school facilities mitigation for new development.
The VTCSP includes the following EDF that would reduce impacts to the local school districts:25
9. Exceptional Educational Benefits: In addition to paying the maximum state-required school fees,
which are expected to be approximately $4 million, to recognize the important asset that schools are to the
larger Cupertino community and in an effort to make a net positive impact on the local school districts, the
Plan Area will provide exceptional community benefits, summarized below, to the local schools including
Fremont Union High School District (“FUHSD”) and Cupertino Union School District (“CUSD”). While
the precise nature of these benefits must be determined in coordination and cooperation with the school
districts, the community benefits for local schools shall be valued at approximately $40 million….
The benefits for local schools may include the following:
• Construction and 34-year charitable lease of a new 10,000 square foot high school science
and engineering “Innovation Center;”
• Construction and 34-year charitable lease of up to 5,000 square feet of classroom and/or
administrative space for FUHSD’s Adult School;
• A new 700-student elementary school at the former Nan Allan Elementary School site;
• Replacement of all portable classrooms at Collins Elementary School with permanent
classrooms;
• Improvement and expanded utilization of athletic and recreation facilities at the Nan
Allan/Collins Elementary School location;
• Fund a $1.0 million endowment for the CUSD 8th Grade Yosemite Science Program; and
• Payment of the equivalent applicable parcel tax to each school district for each unrestricted
apartment unit.26
The VTCSP EDF 10 would enhance school services:
10. Facilitating Experienced Based Learning: Leases shall include obligations that office and retail
tenants in the Plan Area participate in the enhancement of FUHSD students’ experience-based knowledge
and opportunities for learning-by-doing by, for example, offering business environment internship,
scholarship and/or mentoring opportunities or classroom-environment special curriculum, among others.
The CUSD and FUHSD recently approved educational facilities and donation agreements with the
Vallco Property Owner, LLC regarding local school benefits. During the typical approval process,
the impacts for school facility improvements and projects would be analyzed and mitigation to
reduce significant impacts would be required.
The City can only require the VTCSP pay the school fees adopted pursuant to SB 50 to mitigate
impacts on schools. The General Plan EIR concluded that the compliance of future development
with SB 50 would mitigate impacts on schools. VTCSP EDFs 9 and 10, therefore, exceed what the
City could require as mitigation or as a condition of approval for the development of the VTCSP
under the standard approval process.
25 Approximately $4 million of the SB 50 school fees identified in EDF 9 is based on the development of 800
residential dwelling units.
26 Kimley Horn. Vallco Town Center Specific Plan Environmental Assessment. Appendix A, Page C-212.
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2.2.1.3 Parks/Open Space
The development of the VTCSP is subject to the Quimby Act 27 and applicable General Plan policies
to provide adequate park land/open space including Policies RPC-2.4 and RPC-2.5 (refer to
Attachment A for referenced policies). In addition, the development of the VTCSP is subject to the
City’s Municipal Code, which requires residential developers to dedicate park land or pay in-lieu fees
to accommodate and offset their fair share of the provision of park and recreational facilities (Chapter
13.08 and 18.24). The General Plan EIR concluded that future development, in compliance with
applicable General Plan policies (including Policy RPC-2.4) and the City’s Municipal Code Chapter
18.24, would not result in significant impacts to parks.28
Pursuant to the City’s Municipal Code, VTCSP would be required to provide about four acres of park
land.29 The VTCSP includes the following EDFs that would reduce impacts to park and open space:
1. Green Roof & Community Park: A 30-acre rooftop Community Park & Nature Area, accessible to
the public, privately constructed and maintained at no cost to taxpayers, and irrigated by recycled water.
2. Rooftop Trails: A minimum of 3.8 miles of accessible walking and jogging trails, through native and
drought-tolerant landscaping, meadows, vineyards, orchards and organic gardens in the Community Park &
Nature Area.
5. Town Squares: Two ground-level Town Squares totaling at least 3 acres in area, programmed to
accommodate civic, cultural, community, and school events, performances, and celebrations, among other
uses.
The VTCSP EDFs listed above include a total of three acres of publicly accessible open space (the
town squares) and a 30-acre roof top open space which appears to include about nine acres of
publically accessible space. VTCSP EDFs 1, 2, and 5, therefore, would exceed what the City would
typically require as mitigation or as conditions of approval for the development of the VTCSP under
the standard approval process.
In addition, VTCSP EDF 9 includes community benefits for local schools valued at approximately
$40 million which may include improving and expanding the athletic and recreation facilities at the
Nan Allan/Collins Elementary School location. The improvement of existing school fields, however,
does not qualify as park land mitigation under the City’s Municipal Code.
27 The 1975 Quimby Act, Government Code section 66477, authorizes the City to adopt ordinances requiring that
developers set aside land, donate conservation easements, or pay fees for park improvements.
28 City of Cupertino. General Plan Amendment, Housing Element Update and Associated Rezoning EIR. State
Clearinghouse No. 2014032007. Certified December 2014. Page 4.12-32.
29 The estimated amount of park land required is based on the development of the VTCSP with 800 residential units
(160 of which would be senior units). If the VTCSP were developed with 389 residential units (80 of which would
be senior units), approximately two acres of park land would be required.
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2.2.2 Other Public Services
2.2.2.1 Police Services
The City of Cupertino contracts with the Santa Clara County Sheriff’s Office for police services.
Development of the VTCSP is subject to General Plan policies that ensure adequate police protection
services in the City, including Policies HS-4.2 and HS-4.3 (refer to Attachment A for referenced
policies). The buildout of the General Plan would increase the number of calls for police services;
however, buildout of the General Plan (with or without the Initiative) would not result in the need for
expansion or addition of police facilities or personnel.30 In addition, the increase in property tax
revenue from buildout of the General Plan could offset additional costs incurred by the City to
increase its service contract with the Sheriff’s Department, if required.31
Development of the VTCSP would increase the property taxes collected from the site, compared to
existing conditions, due to the resulting increase in property value. The VTCSP includes the
following EDF that could potentially enhance police services:
7. Charitable-Civic Space: A charitable lease or leases for at least 5,000 square feet of civic space
dedicated for use and potentially shared by local non-profits and civic organizations, such as the Cupertino
Historical Society (for museum and office space), the Cupertino Library (for a materials pick-up and/ or
return annex), the Sheriff's Department (for a substation) [emphasis added], and the Fire District (for a
substation).
The Santa Clara County Sheriff’s Office expressed a desire to explore locating a new substation at
Vallco during the planning process for The Hills at Vallco. The City would not likely require new or
expansion of existing police facilities to serve the VTCSP, however, given the analysis and
conclusion in the General Plan EIR. VTCSP EDF 7, therefore, exceeds what the City would
typically require as mitigation or as a condition of approval for the development of the VTCSP under
the standard approval process.
2.2.2.2 Fire Services
Development of the VTCSP is subject to General Plan policies that ensure adequate fire protection in
the City including Policies HS-3.2, HS-3.4, and HS-3.7 (refer to Attachment A for referenced
policies) and the City’s Fire Code (Municipal Code Chapter 16.40). The existing fire protection
facilities, equipment, and staff are adequate to accommodate growth anticipated from buildout of the
General Plan (with or without the Initiative).32 The increase in property tax revenue from buildout of
the General Plan would result in additional funding available to the Santa Clara County Fire
Department for future growth, if needed.33
Development of the VTCSP would result in an increase in property taxes collected from the site,
compared to existing conditions, due to its increase in property value. The VTCSP includes the
following EDF that could potentially enhance fire services:
30 City of Cupertino. General Plan Amendment, Housing Element Update and Associated Rezoning EIR. State
Clearinghouse No. 2014032007. Certified December 2014. Page 4.12-11.
31 Ibid, pages 4.12-12 and 4.12-13.
32 Ibid, page 4.12-7.
33 Ibid.
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7. Charitable-Civic Space: A charitable lease or leases for at least 5,000 square feet of civic space
dedicated for use and potentially shared by local non-profits and civic organizations, such as the Cupertino
Historical Society (for museum and office space), the Cupertino Library (for a materials pick-up and/ or
return annex), the Sheriff's Department (for a substation), and the Fire District (for a substation) [emphasis
added].
The Santa Clara County Fire Department expressed a desire to explore locating a new substation at
Vallco during the planning process for The Hills at Vallco. The City would not likely require new or
expansion of existing fire facilities to serve the VTCSP, however, given the analysis and conclusion
in the General Plan EIR. VTCSP EDF 7, therefore, exceeds what the City would typically require as
mitigation or as a condition of approval for the development of the VTCSP under the standard
approval process.
2.2.2.3 Library Service
The existing employees and library facilities in the Santa Clara County Library system are sufficient
to accommodate the increased demand in library services from buildout of the General Plan (with or
without the Initiative) and no physical expansion of library facilities is required.34 Library services
are primarily funded by County property taxes.
Development of the VTCSP would result in an increase in property taxes collected from the site,
compared to existing conditions, due to its increase in property value. The VTCSP includes the
following EDF that could potentially reduce impacts to library services:
7. Charitable-Civic Space: A charitable lease or leases for at least 5,000 square feet of civic space
dedicated for use and potentially shared by local non-profits and civic organizations, such as the Cupertino
Historical Society (for museum and office space), the Cupertino Library (for a materials pick-up and/ or
return annex) [emphasis added], the Sheriff's Department (for a substation), and the Fire District (for a
substation).
The City would not likely require new or expansion of existing library facilities to serve the VTCSP,
given the analysis and conclusion in the General Plan EIR. VTCSP EDF 7, therefore, exceeds what
the City would typically require as mitigation or as a condition of approval for the development of
the VTCSP under the standard approval process.
2.2.3 Utilities and Service Systems
2.2.3.1 Wastewater Treatment/Sanitary Sewer System
A discussion of the VTCSP’s potential impacts on wastewater treatment capacity and local sewer
system is provided below.
• Wastewater Treatment Capacity – Wastewater generated in the City is treated at the San
Jose/Santa Clara Regional Wastewater Facility and the City of Sunnyvale Water Pollution
Control Plant. The existing design and permitted capacity of both plants are sufficient to
treat the wastewater generated from buildout of the General Plan (with or without the
34 Ibid, page 4.12-24.
The Vallco Town Center Specific Plan Initiative 23 9212 Enviornmental Analysis
City of Cupertino June 2016
Initiative).35 In addition, the City has sufficient wastewater treatment capacity at the plants to
serve the buildout of the General Plan (with or without the Initiative).36
• Sanitary Sewer System Capacity – The existing sewer lines in the vicinity of Vallco are in
North Wolfe Road, Vallco Parkway, and Stevens Creek Boulevard. Most sewage generated
at Vallco discharges to the 15-inch sewer main in North Wolfe Road. Under existing peak
wet weather flow conditions, flows to this 15-inch sewer main in North Wolfe Road exceed
its capacity.37
Development of the VTCSP would intensify the use of the site, which would result in an
increase in sewage generated from the site compared to existing conditions. For this reason,
the development of the VTCSP would require sewer system improvements to ensure
sufficient conveyance capacity. Based on preliminary analysis, redevelopment of Vallco
under the General Plan would require the construction of a parallel pipe to the existing 15-
inch sewer main in North Wolfe Road.38
The VTCSP includes the following EDF that would reduce impacts to the sewer system:
57. Sanitary Sewer Conveyance Facilities: Prior to the issuance of occupancy permit(s) for the
final construction sequence, the Town Center/Community Park applicant and other project
applicants for future development shall demonstrate to the reasonable satisfaction of the Public
Works Director that adequate sanitary sewer services are available.
VTCSP EDF 57 are consistent with what the City would typically require to ensure adequate
sewer service under the standard approval process. Typically the City would determine
sewer system capacity and identify necessary improvements prior to development approval
rather than prior to issuance of occupancy permits, however. In addition, the City would
evaluate downstream capacity of the sewer collection system and the need for improvements
to downstream capacity. In any case, the City would require any necessary utility
improvements to be constructed concurrent with the development and be financed by the
developer.
35 Ibid, pages 4.14-33 through 4.14-41.
36 Cupertino Sanitary District. District Response to your letter dated November 10, 2015. December 8, 2015.
37 Cupertino Sanitary District. Letter RE: Questions regarding Cupertino Sanitary District Services relative to
Vallco Development. Received November 19, 2015.
38 Ibid.
The Vallco Town Center Specific Plan Initiative 24 9212 Enviornmental Analysis
City of Cupertino June 2016
2.2.3.2 Water
There is sufficient water supply from San Jose Water Company and Cal Water to serve buildout of
the adopted General Plan (with or without the Initiative). No new or expanded entitlements are
required.39
Development of the VTCSP is subject to existing water regulations that promote water efficiency and
conservation including the following:
• Water Conservation Act of 2009
• 2010 California Plumbing Code
• Cupertino’s Landscaping Ordinance
• Cupertino’s Water Conservation Ordinance
• San Jose Water Company’s, Cal Water’s, and Santa Clara Valley Water District’s water
supply and demand management strategies and water shortage contingency plans
• Cupertino Municipal Code (including Green Building Ordinance)
Existing water lines in the Vallco area are located in North Wolfe Road, Vallco Parkway, Stevens
Creek Boulevard, and Perimeter Road. Currently, recycled water service and infrastructure is not
available in the Vallco vicinity. Connections to existing water lines and improvements to meet
current fire flow standards would likely be required for the development of the VTCSP.
The VTCSP includes the following EDFs that would reduce impacts to water service:
3. Sustainability Leadership/Recycled Water: A sustainable design goal of achieving the highest level
of certification from a globally recognized environmental sustainability certification program, such as
LEED Platinum certification or its equivalency, which shall be achieved in part by providing recycled
water for such purposes as irrigation, toilet flushing, and heating and cooling systems, among other design
features.
58. Potable Water Supply: Prior to the issuance of building permits, the Town Center/Community Park
applicant and other project applicants for future development shall demonstrate, to the satisfaction of the
Public Works Director, that adequate water facilities are available at the time of permit issuance and will
continue to be available until time of occupancy.
59. Potable Water Lines: Prior to issuance of any grading permits or improvement plans, the Town
Center/Community Park applicant and other project applicants for future development shall design public
water facilities in conjunction with the California Water Service Company engineer and City and the City
of Cupertino engineer for implementation into the proposed improvements.
60. Recycled Water Lines: Prior to the issuance of any grading permits or improvement plans, the Town
Center/Community Park applicant and other project applicants for future development shall design
landscape and irrigation plans utilizing recycled water as a source to meet all non-potable water demands as
discussed in the Sustainability Strategies element in the Specific Plan.
61. Recycled Water Line Extension: Prior to the issuance of final occupancy permits for 500,000 square
feet of office space, the Town Center/Community Park applicant and other project applicants for future
development shall provide to the Director of Public Works a status update of the Santa Clara Valley Water
39 City of Cupertino. General Plan Amendment, Housing Element Update and Associated Rezoning EIR. State
Clearinghouse No. 2014032007. Certified December 2014. Page 4.14-22.
The Vallco Town Center Specific Plan Initiative 25 9212 Enviornmental Analysis
City of Cupertino June 2016
District’s Wolfe Road Recycled Water Facilities Project. Once the Wolfe Road Recycled Water Facilities
Project is complete north to I-280, the applicant shall initiate the design, permitting and construction of the
recycled line extension across I-280 to Wolfe Road at Stevens Creek Boulevard.
VTCSP EDFs 58 and 59 are consistent with what the City would typically require of a proposed
development to ensure adequate water supply and service under the standard approval process.
Typically the City would determine water supply availability and identify necessary improvements
prior to development approval rather than prior to issuance of grading permits, however. In addition,
the Santa Clara County Fire Department would typically review all design and construction
management plans for building construction to ensure that adequate water and fire hydrants are
available to serve the proposed development. In any case, the City would require any necessary
utility improvements to be constructed concurrent with the development and be financed by the
developer.
The Hills at Vallco proposed a similar development with landscaping as is included in the VTCSP.
A Water Supply Assessment (WSA) was completed by Yarne & Associates, Inc. on behalf of the
California Water Service (Cal Water) in March 2016 for The Hills at Vallco development project.
Cal Water, specifically the Los Altos Suburban District, provides potable water service to the Vallco
area. The WSA concluded there were adequate water supplies to meet projected demands of The
Hills at Vallco project and those of all existing customers and other anticipated future customers for
normal, single dry year, and multiple dry year conditions.40 Therefore, there is likely sufficient water
supply to serve the development of the VTCSP. In addition, the WSA did not account for future use
of recycled water at Vallco, which would substantially reduce potable water demand. It is estimated
that recycled water could be used to meet 33 percent of the VTCSP water demand.41
VTCSP EDF 61 is the extension of the Wolfe Road Recycled Water Facilities project from the Apple
Campus 2 to Vallco. VTCSP EDF 61 is in excess of what the City would require during the standard
approval process. The City of Sunnyvale (recycled water producer), Santa Clara Valley Water
District (wholesaler), Cal Water (retailer), and Apple Inc. (customer) have partnered to extend the
City of Sunnyvale’s existing recycled water system south in Wolfe Road to the Apple Campus 2 in
Cupertino (referred to as the Wolfe Road Recycled Water Facilities project). The system will extend
from the existing San Lucar Pump Station near the intersection of Wolfe Road and Kifer Road to the
Apple Campus 2, just north of Vallco, and include a booster pump station.
As part of the agreement for the Wolfe Road Recycled Water Facilities project, the WPCP will
supply a minimum of 1,095 acre feet of recycled water to the Santa Clara Valley Water District
(SCVWD) per fiscal year.42 SCVWD has contracted with the City of Sunnyvale to guarantee 595
acre feet per year (AFY) to cover projects within Sunnyvale and retailers outside of the City of
Sunnyvale, including Apple Campus 2, will be allotted at least 500 AFY.43 Apple Campus 2 demand
40 Yarne & Associates, Inc. Vallco Shopping District Specific Plan and The Hills at Vallco Project SB610 Water
Supply Assessment Cupertino, California. March 1, 2016.
41 Kimley Horn. Vallco Town Center Specific Plan Environmental Assessment. Appendix UT-C.
42 Recycled Water Supply and Distribution Agreement Between City of Sunnyvale and Santa Clara Valley Water
District. SCVWD Board meeting March 24, 2015 authorized SCVWD CEQ to execute agreement.
43 Sources: 1) Santa Clara Valley Water District. Wolfe Road Recycled Water Facilities Project No. 91244001
Planning Study Report. December 2014; and 2) Recycled Water Supply and Distribution Agreement Between City
of Sunnyvale and Santa Clara Valley Water District. SCVWD Board meeting March 24, 2015 authorized SCVWD
CEQ to execute agreement.
The Vallco Town Center Specific Plan Initiative 26 9212 Enviornmental Analysis
City of Cupertino June 2016
is estimated to be 235-500 AFY.44 It is estimated that the recycled water demand for The Hamptons
project is 35 AFY and 99 AFY for VTCSP.45 There are existing constraints that may affect the
availability of the recycled water to reach the VTCSP site including the amount of recycled water
able to be produced from the Donald M. Somers Water Pollution Control Plant 46, the supply
available to Cupertino users, and the demand of upstream recycled water users from the VTCSP site.
The capacity of the booster pump station that would be constructed as part of the Wolfe Road
Recycled Water Facilities project should be evaluated to ensure sufficient capacity exists to serve the
recycled water needs of the downstream users (e.g., Apple Campus 2, The Hamptons, and VTCSP).
The City would typically require environmental analysis of utility improvements (such as the
extension of the recycled water line) proposed to serve a development prior to development approval.
Because the pipeline extension would occur within the existing road rights-of-way for Wolfe Road
and I-280, it is likely that environmental impacts associated with construction could be mitigated or
avoided with the implementation of standard practices and measures (e.g., standard tree replacement
requirements and standard construction-related noise and air quality best management practices).
VTCSP EDF 3 identifies a “design goal of achieving the highest level of certification from a globally
recognized environmental sustainability certification program, such as LEED Platinum certification
or its equivalency” for future development at Vallco. Pursuant to the City’s Green Building
Ordinance, a development such as VTCSP would be required to achieve LEED Silver.47 VTCSP
EDF 3, therefore, exceeds what the City would typically require of a development such as VTCSP
under the City’s Green Building Ordinance.
2.2.3.3 Energy
No new energy supply facilities or distribution infrastructure or capacity-enhancing alterations to
existing facilities are required to serve buildout of the General Plan (with or without the Initiative).48
The development of the VTCSP is subject to applicable General Plan policies that ensure efficient
use of energy resources including Policies ES-1.1, ES-2.1, and ES-3.1 (refer to Attachment A for
referenced policies), as well as the Cal Green Building Code and the City’s Green Building
Ordinance.
44 Sources: 1) HydroScience. City of Sunnyvale Feasibility Study for Recycled Water Expansion Report. June 2013;
and 2) City of Sunnyvale. CEQA Addendum to the Mitigated Negative Declaration for the Wolfe Road Recycled
Water Project. Adopted September 24, 2013.
45 Kimley Horn. Vallco Town Center Specific Plan Environmental Assessment. Appendix UT-A.
46 The City of Sunnyvale has prepared and is circulating an Environmental Impact Report for the Sunnyvale Water
Pollution Control Plant Master Plan Program. The proposed Master Plan includes improvements to the plant’s
infrastructure that would increase the amount of recycled water produced.
47 Projects pursuing LEED (Leadership in Energy and Environmental Design) certification earn points across several
areas that address sustainability issues. Based on the number of points achieved, a project then receives one of four
LEED rating levels: Certified, Silver, Gold and Platinum. LEED Certified being the lowest level and LEED
Platinum being the highest level.
48 As stated in footnote 3, the General Plan EIR analyzed more intense development and greater buildout of the City
than ultimately approved by the City Council. The amount of development and buildout assumptions in the General
Plan EIR are greater than the development assumptions from the buildout of the General Plan with Initiative. The
General Plan EIR concluded that no new energy supply facilities or distribution infrastructure or capacity-enhancing
alterations to existing facilities are required to serve buildout of the General Plan (City of Cupertino. General Plan
Amendment, Housing Element Update and Associated Rezoning EIR. State Clearinghouse No. 2014032007.
Certified December 2014. Page 4.14-63.). The buildout of the General Plan with Initiative, therefore, would not
require new or expanded energy supply facilities or distribution infrastructure.
The Vallco Town Center Specific Plan Initiative 27 9212 Enviornmental Analysis
City of Cupertino June 2016
The VTCSP includes the following EDF that minimizes energy use:
3. Sustainability Leadership/Recycled Water: A sustainable design goal of achieving the highest level
of certification from a globally recognized environmental sustainability certification program, such as
LEED Platinum certification or its equivalency, which shall be achieved in part by providing recycled
water for such purposes as irrigation, toilet flushing, and heating and cooling systems, among other design
features.
Pursuant to the City’s Green Building Ordinance, a development such as VTCSP would be required
to achieve LEED Silver. VTCSP EDF 3, therefore, exceeds what the City would typically require of
a development such as VTCSP under the City’s Green Building Ordinance.
2.2.4 Other Environmental Issues
2.2.4.1 Aesthetics/Community Form
Pursuant to General Plan Policy LU-19.1, a specific plan is to be created for Vallco that would
include design standards and guidelines. The General Plan includes supporting Strategies to provide
a street grid system (LU-19.1.6), open space in the form of town squares (LU-19.1.8), transitions
from taller buildings on-site to existing buildings (LU-19.1.10), tree preservation (LU-19.1.13), and
neighborhood buffers (LU-19.1.14). The Initiative amends Strategy LU-19.1.6, but does not change
the intent of the strategy, which is to improve connectivity. The Initiative would result in the
adoption of a specific plan (VTCSP) that includes design standards and guidelines for a street grid
system, town squares, building setbacks, tree retention, and low-intensity frontages. The
development of VTCSP could result in the aesthetic impacts discussed below.
• Change in visual character – The development of the VTCSP would result in a substantial
change to the visual character of the site as it currently exists. The VTCSP identifies a
minimum 35 foot setback from the eastern and western site boundaries, and a maximum
building height of 95 feet (four to six stories tall) on the east side of North Wolfe Road. The
maximum building height on the west side of North Wolfe would be 80 feet with a maximum
building height of 65 feet for buildings along the western edge of the site. The top of the
roofs, which would include mechanical equipment, would be up to 25 feet above the
maximum building height. Rooftop pavilions would be no greater than 24 feet in height.
Buildings on the western edge would have a minimum building plane of 1:1 and include
“privacy measures (i.e., minimal interface, no or minimal windows on the outermost west-
facing facades),” which would minimize visual intrusion to the existing, adjacent residential
neighborhood west of Vallco.
The General Plan EIR assumed that the redevelopment of Vallco would include buildings
with a maximum height of 160 feet on the east side of North Wolfe Road and a maximum
building height of 85 feet on the west side of North Wolfe Road.49 The General Plan EIR
also assumed that the redevelopment of Vallco would include “suitable building setbacks
from public rights of way” and “appropriate buffers and/or height transitions for buildings
49 City of Cupertino. General Plan Amendment, Housing Element Update and Associated Rezoning EIR. State
Clearinghouse No. 2014032007. Certified December 2014. Page 4.1-31.
The Vallco Town Center Specific Plan Initiative 28 9212 Enviornmental Analysis
City of Cupertino June 2016
adjacent to low-density residential development.”50 The General Plan EIR concluded that
redevelopment of Vallco as envisioned in the General Plan would not result in a significant
change in visual character. The maximum building heights proposed under the VTCSP are
lower than the maximum building heights assumed for the redevelopment of Vallco in the
General Plan EIR.
While the development of the VTCSP would change the visual character of the Vallco site
compared to existing conditions, the development of the VTCSP would not result in a
significant change in visual character for the following reasons:
− The development of the VTCSP is consistent with the development envisioned for
the site in the adopted General Plan;
− The VTCSP maximum building heights are lower than what was assumed for the site
in the General Plan EIR and the General Plan EIR concluded that development of
Vallco as envisioned by the General Plan would not result in a significant change in
visual character; and
− The VTCSP requires:
o A 35-foot minimum setback from the eastern and western site boundaries,
o A 20-foot minimum setback from North Wolfe Road and Vallco Parkway,
o A minimum building plane of 1:1 on the western edge, and
o Privacy measures (including VTCSP EDF 16. Residential-Area Plan
Sensitivity: Protect adjacent residential property owners by retaining healthy
trees and existing walls and encouraging inactive and/or generously set-back
building facades along the Plan Area’s western property line.).
• Scenic vistas – Scenic vistas are generally interpreted as long-range views of a specific
scenic feature (e.g., open space lands, mountain ridges, bay, or ocean views).51 In the Vallco
area, views of the Santa Cruz Mountains and eastern foothills are intermittent and obscured
by existing development and mature landscaping. The development of the VTCSP,
therefore, would not substantially effect scenic vistas. This conclusion is consistent with the
conclusion in the General Plan EIR.52
• Scenic highway viewshed – Vallco is not within the viewshed of an officially designated
state scenic highway. The segment of I-280 adjacent to Vallco is, however, an eligible state
scenic highway. Views of Vallco from I-280 are obscured by existing, mature trees. While
greater in mass and scale than the existing development on-site, the development of the
VTCSP would not result in substantial adverse impacts to the existing I-280 viewshed
because the VTCSP includes the preservation of most of the existing trees along the site’s
perimeter 53 and there are intermittent views of urban development (including Apple Campus
2) from I-280 within the same viewshed. This conclusion is consistent with the conclusion in
the General Plan EIR.54
50 Ibid.
51 Ibid, page 4.1-21.
52 City of Cupertino. General Plan Amendment, Housing Element Update and Associated Rezoning EIR. State
Clearinghouse No. 2014032007. Certified December 2014. Page 4.1-24.
53 Kimley Horn. Vallco Town Center Specific Plan Environmental Assessment. April 2016. Page 7-4.
54 City of Cupertino. General Plan Amendment, Housing Element Update and Associated Rezoning EIR. State
Clearinghouse No. 2014032007. Certified December 2014. Page 4.1-31.
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City of Cupertino June 2016
• Light and glare – The development of the VTCSP would include nighttime and security
lighting, and may include building material that is reflective. The development of the
VTCSP, therefore, could result in light and glare impacts.
The VTCSP includes the following EDFs that would reduce light and glare impacts:
EDF 24. Lighting: The Town Center/Community Park applicant and other project applicants for
future development shall comply with the lighting guidelines in the Specific Plan which would
prevent unnecessary glare from unshielded or undiffused light sources. The following guidelines
are required to avoid light trespass across property lines:
• Unnecessary glare from unshielded or undiffused light sources should be avoided.
Commercial buildings and landscaping can be illuminated indirectly by concealing light
features within buildings and landscaping to highlight architectural features and avoid
intrusion into neighborhood properties.
• Light fixtures should be directed downward from the horizontal plane of the light source
to prevent unnecessary light spillover.
EDF 27. Building Materials: To limit reflectivity and prevent exterior glass from attracting
birds, projects shall use low-reflectivity glass to minimize bird collision. Low-reflectivity glass
shall be used for the entirety of a building’s glass surface (not just the lower levels nearest trees
where bird collisions may be the most common), and other measures shall be undertaken for avian
safety.
VTCSP EDFs 24 and 27 are consistent with what the City would typically require of a
project under the standard approval process. The City typically requires outdoor lighting to
be directed downward and not spill over onto adjacent properties, consistent with Municipal
Code Chapter 1.09 and Section 19.168. To ensure development projects would not result in
significant glare impacts, the City would typically review proposed building materials for
highly reflective materials (such as mirrored glass) and large, uninterrupted expanses of glass
or other highly reflective materials. This process would still occur if the Initiative is
approved. The City would review the potential for proposed building materials to result in
glare impacts during subsequent City approvals for the VTCSP.
2.2.4.2 Air Quality
Development of the VTCSP is subject to applicable General Plan policies to minimize air quality
impacts including Policies ES-4.1 and ES-4.3 (refer to Attachment A for referenced policies).
Development of the VTCSP would result in air pollutant emissions during construction and
operation. The development of the VTCSP could result in the air quality impacts discussed below.
• Clean Air Plan consistency – Based on preliminary analysis, it appears that the VTCSP is
consistent with the Bay Area 2010 Clean Air Plan. The VTCSP would result in a reduction
in vehicle miles traveled per capita citywide 55 and includes EDFs that are consistent with
55 Fehr & Peers. Memorandum Review of the Vallco Town Center Plan Environmental Assessment, Cupertino,
California. June 23, 2016. Pages 34-35.
The Vallco Town Center Specific Plan Initiative 30 9212 Enviornmental Analysis
City of Cupertino June 2016
applicable mobile, transportation, and energy control measures in the CAP, including the
following:
1. Green Roof & Community Park;
3. Sustainability Leadership/Recycled Water;
18. Transportation Demand Management Plan;
19. Free Community Shuttle;
20. Bike-Pedestrian Trails Funding;
21. Bike-Pedestrian Improvements;
26. Construction Emissions Minimization;
47. Transit/East Side Transit Center & Community Shuttle; and
48. Transit/Mobility Hub.
• Construction-related emissions – Construction-related emissions would occur as fugitive
dust emissions associated with demolition and ground disturbance and exhaust emissions
from construction equipment, truck travel, and worker traffic. The development proposed
under the VTCSP exceeds the Bay Area Air Quality Management District (BAAQMD)
construction criteria pollutant screening criteria and, therefore, it is possible that the
construction of the VTCSP could exceed BAAQMD thresholds of significance.
The VTCSP includes the following EDF that would reduce fugitive dust emissions during
construction:
EDF 25. Dust Control: The Bay Area Air Quality Management District (BAAQMD) Best
Management Practices for dust control shall be required for all construction activities within the
Town Center/Community Park. These measures will reduce dust emissions primarily during soil
movement, grading and demolition activities, but also during vehicle and equipment movement on
unpaved project sites:
(1) All exposed surfaces (e.g., parking areas, staging areas, soil piles, graded areas, and
unpaved access roads) shall be watered two times per day.
(2) All haul trucks transporting soil, sand, or other loose material off-site shall be covered.
(3) All visible mud or dirt track-out onto adjacent public roads shall be removed using wet
power vacuum street sweepers at least once per day. The use of dry power sweeping is
prohibited.
(4) All vehicle speeds on unpaved roads shall be limited to 15 mph.
(5) All streets, driveways, and sidewalks to be paved shall be completed as soon as possible.
Building pads shall be laid as soon as possible after grading unless seeding or soil binders
are used.
(6) Idling times shall be minimized either by shutting equipment off when not in use or
reducing the maximum idling time to 5 minutes (as required by the California airborne
toxics control measure Title 13, Section 2485 of CCR). Clear signage shall be provided
for construction workers at all access points.
(7) All construction equipment shall be maintained and properly tuned in accordance with
manufacturer’s specifications. All equipment shall be checked by a certified mechanic
and determined to be running in proper condition prior to operation.
(8) A publicly visible sign shall be posted with the telephone number and person to contact at
the Lead Agency regarding dust complaints. This person shall respond and take
corrective action within 48 hours. BAAQMD’s phone number shall also be visible to
ensure compliance with applicable regulations.
The Vallco Town Center Specific Plan Initiative 31 9212 Enviornmental Analysis
City of Cupertino June 2016
VTCSP EDF 25 is consistent with the mitigation identified in the General Plan EIR 56 and
with what the City would typically require of a project to reduce fugitive dust emissions
under the standard approval process.
The VTCSP includes the following EDFs that would reduce construction-related exhaust
emissions (specifically NOx):
EDF 26. Construction Emissions Minimization: The Town Center/Community Park applicant
and other project applicants for future development shall require in its construction specifications
an Emissions Reduction Plan that requires the following:
• That all off-road equipment shall have engines that meet either U.S. EPA or California
Air Resources Board (CARB) Tier 4 final off-road emission standards. If engines that
comply with Tier 4 off-road emission standards are not commercially available, then the
contractor shall provide the next cleanest piece of off-road equipment as provided by the
step down schedules in the table below. “Commercially available” shall mean the
availability of Tier 4 equipment taking into consideration factors such as: (i) critical path
timing of construction; (ii) geographic proximity to the Project site of equipment; and
(iii) geographic proximity of access to off haul deposit sites. The applicant(s) and
contractor shall maintain records concerning its efforts to comply with this requirement.
Off-Road Equipment Compliance Step-Down Schedule
Compliance
Alternative
Engine Emission
Standard
1 Tier 4 Interim
2 Tier 3
3 Tier 2
Abbreviations:
CARB = California Air Resources Board
N/A = not applicable
Note: How to use the table: If the requirements of the above
bullet cannot be met, Compliance Alternative l shall be met. If
Compliance Alternative l cannot be met, then Compliance
Alternative 2 would need to be met. If Compliance Alternative
2 cannot be met, then Compliance Alternative 3 would need to
be met.
• The idling time for off-road and on-road equipment be limited to no more than two
minutes, except as provided in exceptions to the applicable state regulations regarding
idling for off-road and on-road equipment. Legible and visible signs shall be posted in
multiple languages (English, Spanish, and Chinese) in designated queuing areas and at
the construction site to remind operators of the two minute idling limit.
• Construction operators shall properly maintain and tune equipment in accordance with
manufacturer specifications.
VTCSP EDF 26 is consistent with what the City would typically require to reduce significant
construction-related exhaust emissions impacts under the standard approval process.
56 City of Cupertino. General Plan Amendment, Housing Element Update and Associated Rezoning EIR. State
Clearinghouse No. 2014032007. Certified December 2014. Page 4.2-55.
The Vallco Town Center Specific Plan Initiative 32 9212 Enviornmental Analysis
City of Cupertino June 2016
• Operation-related emissions – Operation-related emissions would mostly occur from
vehicles traveling to and from the site. The development proposed under the VTCSP exceeds
the BAAQMD operational criteria pollutant screening criteria and, therefore, it is possible
that the operation of the VTCSP could exceed BAAQMD thresholds of significance.
The VTCSP includes the following EDF that would reduce operation-related emissions:
EDF 18. Transportation Demand Management Plan: Consistent with the Plan Area’s
environmental design features, require the preparation and implementation of a Transportation
Demand Management (“TDM”) Plan with an overall target of reducing Specific Plan office-
generated weekday peak hour trips by 30 percent below applicable Institute of Transportation
Engineers trip generation rates, an unprecedented restriction on a “specific plan” area.
The VTCSP EDF 18 is consistent with what the City would typically require to reduce
operation-related emissions under the standard approval process.
• Community risk – There is a potential for community risk impacts to nearby sensitive
receptors from construction-related toxic air contaminants (TACs).
The VTCSP includes the following EDF that would reduce community risk to nearby
sensitive receptors from project construction:
EDF 26. Construction Emissions Minimization: The Town Center/Community Park applicant
and other project applicants for future development shall require in its construction specifications
an Emissions Reduction Plan that requires the following:
• That all off-road equipment shall have engines that meet either U.S. EPA or California
Air Resources Board (CARB) Tier 4 final off-road emission standards. If engines that
comply with Tier 4 off-road emission standards are not commercially available, then the
contractor shall provide the next cleanest piece of off-road equipment as provided by the
step down schedules in the table below. “Commercially available” shall mean the
availability of Tier 4 equipment taking into consideration factors such as: (i) critical path
timing of construction; (ii) geographic proximity to the Project site of equipment; and
(iii) geographic proximity of access to off haul deposit sites. The applicant(s) and
contractor shall maintain records concerning its efforts to comply with this requirement.
Off-Road Equipment Compliance Step-Down Schedule
Compliance
Alternative
Engine Emission
Standard
1 Tier 4 Interim
2 Tier 3
3 Tier 2
Abbreviations:
CARB = California Air Resources Board
N/A = not applicable
Note: How to use the table: If the requirements of the above
bullet cannot be met, Compliance Alternative l shall be met. If
Compliance Alternative l cannot be met, then Compliance
Alternative 2 would need to be met. If Compliance Alternative
2 cannot be met, then Compliance Alternative 3 would need to
be met.
The Vallco Town Center Specific Plan Initiative 33 9212 Enviornmental Analysis
City of Cupertino June 2016
• The idling time for off-road and on-road equipment be limited to no more than two
minutes, except as provided in exceptions to the applicable state regulations regarding
idling for off-road and on-road equipment. Legible and visible signs shall be posted in
multiple languages (English, Spanish, and Chinese) in designated queuing areas and at
the construction site to remind operators of the two minute idling limit.
• Construction operators shall properly maintain and tune equipment in accordance with
manufacturer specifications.
VTCSP EDF 26 is consistent with the mitigation identified in the General Plan EIR 57 and
with what the City would typically require to reduce significant community risk to nearby
sensitive receptors under the standard approval process.
Based on BAAQMD screening tools, future residences at Vallco could be exposed to
substantial community risk from existing, surrounding sources of TACs (i.e., I-280, Stevens
Creek Boulevard, North Wolfe Road, and stationary sources).58 Site-specific modeling and
risk assessment are needed to confirm whether future residences at Vallco would be exposed
to community risks above the BAAQMD thresholds of significance. The EA includes site-
specific modeling and a risk assessment, which concludes that the community risk to future
residents on-site from TAC sources is below the BAAQMD thresholds of significance.
Given the time constraints for the 9212 Report, the air quality analysis and conclusions in the
EA were not peer reviewed. Typically, to reduce significant community risk to future
residents on-site from surrounding TAC sources, projects could be required to install air
filtration for residential units that have predicted risk above BAAQMD thresholds of
significance.
2.2.4.3 Biological Resources
Development of the VTCSP is subject to applicable General Plan policies to protect the City’s urban
ecosystem including Policies ES-5.1 and ES-5.6 (refer to Attachment A for referenced policies).
Habitats in developed, urban areas such as Vallco are extremely low in species diversity. There are
no sensitive habitats or wetlands on or adjacent to Vallco. Due to the lack of sensitive habitats and
the developed nature of Vallco, special-status plant and animal species are not expected to occur on-
site.
The primary biological resources at Vallco are trees. There is also a potential for nesting birds to be
present in trees on or adjacent to Vallco. Nesting birds are protected under provisions of the
Migratory Bird Treaty Act and Fish and Game Code Sections. The development of the VTCSP may
also impact migratory birds depending on the building materials used.
57 City of Cupertino. General Plan Amendment, Housing Element Update and Associated Rezoning EIR. State
Clearinghouse No. 2014032007. Certified December 2014. Page 4.2-63.
58 In December 2015, the California Supreme Court issued an opinion in California Building Industry Association v.
Bay Area Air Quality Management District holding that CEQA is primarily concerned with the impacts of a project
on the environment and generally does not require agencies to analyze the impact of existing conditions on a
project’s future users or residents unless the project risks exacerbating those environmental hazards or risks that
already exist. The CEQA Guidelines and the courts are clear that a CEQA document can include information of
interest even if such information is not an “environmental impact” as defined by CEQA. Therefore, where
applicable, effects of the environment on the project are discussed as planning considerations. Examples of
planning considerations include, but are not limited to, locating a project near sources of air emissions that can pose
a health risk, in a high noise environment, or on/adjacent to sites involving hazardous substances.
The Vallco Town Center Specific Plan Initiative 34 9212 Enviornmental Analysis
City of Cupertino June 2016
The VTCSP includes the following EDFs that would reduce impacts to birds and trees:
27. Building Materials: To limit reflectivity and prevent exterior glass from attracting birds, projects
shall use low-reflectivity glass to minimize bird collision. Low reflectivity glass shall be used for the
entirety of a building’s glass surface (not just the lower levels nearest trees where bird collisions may be the
most common), and other measures shall be undertaken for avian safety.
28. Tree Replacement: Prior to the issuance of the first demolition permit, the Town Center/Community
Park applicant and other project applicants for future development shall submit a Tree Management Plan
for review and approval by the City of Cupertino. The Tree Management Plan shall be prepared in
compliance with the Municipal Code sections that address retention, relocation, and replacement of trees.
29. Nesting and Migratory Bird Surveys: The Town Center/ Community Park applicant and other
project applicants for future development shall retain a qualified biologist to perform nesting bird surveys
prior to prior to tree pruning, tree removal, transplantation, ground disturbing activities, or construction
activities that could affect nesting and migratory birds. Preconstruction surveys are not required for tree
removal, tree pruning, and ground disturbance or construction activities outside the nesting period. All
necessary vegetation clearing shall be performed prior to the nesting season, if at all possible. Vegetation
can be cleared and maintained to prevent migratory bird nesting. Recommendations of the biologist shall
be implemented such that no birds, nests with eggs, or nests with hatchlings are disturbed. An annual
report shall be submitted to the City of Cupertino and the California Department of Fish and Wildlife
(CDFW) documenting the observations and actions implemented to comply with this Environmental
Design Feature.
VTCSP EDFs 27, 28, and 29 are consistent with the mitigation identified in the General Plan EIR 59
and with what the City would typically require to reduce impacts to birds and trees under the
standard approval process. The City would require the preconstruction bird surveys to be completed
no more than 14 days prior to initiation of demolition/construction activities (including tree removal
and pruning).
The City of Cupertino, including the Vallco site, is not located within an adopted Habitat
Conservation Plan or Natural Community Conservation Plan. The redevelopment of Vallco,
therefore, would not be subject to fees in the Santa Clara Valley Habitat Conservation Plan/Natural
Community Conservation Plan. The VTCSP includes the following EDF to fund mitigation for
impacts from vehicle exhaust/nitrogen deposition to serpentine habitat:
30. Nitrogen Deposition Fee: The Town Center/Community Park applicant and other project applicants
for future development shall pay a Santa Clara Valley Habitat Conservation Plan/Natural Community
Conservation Plan Nitrogen Deposition Fee to the Implementing Entity of the Habitat Conservation Plan,
the Santa Clara Valley Habitat Agency, even though the fee would not otherwise be legally applicable to
the future development. The Town Center/Community Park applicant shall pay the Nitrogen Deposition
Fee commensurate with the issuance of building permits within the Town Center/Community Park.
VTCSP EDF 30 exceeds what the City would require as mitigation or as a condition of approval for
the development of the VTCSP under the standard approval process.
59 City of Cupertino. General Plan Amendment, Housing Element Update and Associated Rezoning EIR. State
Clearinghouse No. 2014032007. Certified December 2014. Pages 4.3-12 and 4.3-13.
The Vallco Town Center Specific Plan Initiative 35 9212 Enviornmental Analysis
City of Cupertino June 2016
2.2.4.4 Cultural Resources
The development of the VTCSP would be subject to applicable policies and regulations including
General Plan policy LU-6.3 and Municipal Code 19.104.210. The development of VTCSP could
result in the cultural resources impacts discussed below.
• Historical Resources – The buildings on-site are less than 50 years old and are not listed or
appear to be eligible for listing on the National Register or California Register. The Vallco
Shopping District is designated as a City Community Landmark in the City’s General Plan.
The General Plan EIR concluded that the redevelopment of the Vallco site would not result in
significant impacts to historic resources, if redevelopment is consistent with General Plan
Policy LU-6.3.60 The VTCSP would be consistent with General Plan Policy LU-6.3 by
providing a plaque, reader board and/or other educational tools on the site to explain the
historic significance of the resource. The plaque shall include the city seal, name of resource,
date it was built, a written description, and photograph. The plaque shall be placed in a
location where the public can view the information.
• Paleontological Resources and Unique Geologic Features – Paleontological resources are
fossils, the remains or traces of prehistoric life preserved in the geologic record. They range
from the well-known and well-publicized (such as mammoth and dinosaur bones) to
scientifically important fossils. Most of the City of Cupertino, including the Vallco area, is
on recent alluvium deposits of Holocene (11,700 years ago to present). Holocene deposits
are too recent to contain fossils.61 There are no recorded paleontological resources in the
Vallco area.
The project site is located in an urban, developed, infill area. No unique geologic features
such as serpentine outcrops and boulders, pinnacles, or Tafoni sandstone are located on-site.
The VTCSP includes the following EDF to reduce impacts to paleontological resources, if
found on-site during construction:
33. Paleontological monitor: The Town Center/Community Park applicant and other project
applicants for future development shall retain a paleontological monitor to respond on an as-
needed basis to address unanticipated paleontological discoveries. In the event that
paleontological resources are encountered during grading and construction operations, all
construction activities shall be temporarily halted or redirected to permit a qualified paleontologist
to assess the find for significance. If paleontological resources are found to be significant, the
paleontological monitor shall determine appropriate actions, in coordination with a qualified
paleontologist, City staff, and the project applicant(s).
VTCSP EDF 33 is consistent with what the City would typically require to reduce impacts to
paleontological resources (if discovered on-site) under the standard approval process.
60 City of Cupertino. General Plan Amendment, Housing Element Update, and Associated Rezoning EIR. State
Clearinghouse No. 2014032007. Certified December 2014. Pages 4.4-17 and 4.4-18.
61 Ibid, page 4.4-16.
The Vallco Town Center Specific Plan Initiative 36 9212 Enviornmental Analysis
City of Cupertino June 2016
• Archaeological Resources – An archaeological literature review was completed by Holman
& Associates at the Northwest Information Center in August 2015. A copy of the report is on
file at the City. The archaeological site maps reviewed revealed almost no recorded
archaeological resources within a one-mile radius of the Vallco site. The most
archaeologically sensitive feature in the area, Calabazas Creek, was systematically surveyed
in 1974 with negative findings. Research completed for the Apple Campus 2 in the area did
not identify any archaeological resources.62 In addition, no cultural resources were found
during a recent survey of the KCR Development property within the Vallco area.63 Given the
developed nature of Vallco (i.e., most of the site is covered with buildings, pavement, and
landscaping), visual inspection of native soils is not possible. Overall, the general vicinity of
the Vallco area has a low to, at most, moderate potential for containing archaeological
resources.
The VTCSP includes the following EDF that would minimize impacts to archaeological
resources, if discovered on-site during construction:
32. Archaeological monitor: The Town Center/ Community Park applicant and other project
applicants for future development shall retain an archaeological monitor to inspect the ground
surface at the completion of demolition activities as they occur to search for archaeological site
indicators. If archaeological resources are found to be significant, the archaeological monitor shall
determine appropriate actions, in coordination with a qualified archaeologist, City staff, and the
project applicant(s).
VTCSP EDF 32 is consistent with what the City would typically require to reduce impacts to
unknown buried archaeological resources (if present on-site) under the standard approval
process.
2.2.4.5 Geology and Soils
Vallco is located in an area that is considered to have relatively low levels of geologic hazard risk,
although all of the San Francisco Bay Area is seismically active.64 Vallco is not located within an
Alquist-Priolo Earthquake Fault Zone. Like all of the San Francisco Bay Area, however, Vallco is
located in a seismically active area and subject to strong ground shaking in the event of an
earthquake. Based on preliminary analysis, the site has a low liquefaction potential and on-site soils
may be potentially expansive.
The VTCSP includes the following EDFs to reduce impacts from geology and soils:
34. Geotechnical Report Recommendations: Prior to the issuance of grading permits or improvements
plans, the Town Center/Community Park applicant and other project applicants for future development
shall demonstrate to the satisfaction of the Director of Public Works that all earthwork operations,
including site preparation, and the selection, placement, and compaction of fill materials have incorporated
the recommendations and the project specifications set forth in the Geotechnical Investigation (TRC, 2015)
to ensure the safety of people and structures.
62 Holman & Associates. Archaeological Literature Review for the Proposed Vallco Project, Cupertino, Santa Clara
County, California. September 4, 2015.
63 Ibid.
64 City of Cupertino. Community Vision 2015-2040. October 2015. Table HS-1 and Figure HS-5.
The Vallco Town Center Specific Plan Initiative 37 9212 Enviornmental Analysis
City of Cupertino June 2016
35. Site-Specific Geotechnical Reports: Prior to the issuance of grading permits or improvements plans,
the Town Center/Community Park applicant shall be required to prepare and submit site-specific
Geotechnical Reports that would be reviewed and approved by the City of Cupertino. All earthwork
operations, including site preparation, and the selection, placement, and compaction of fill materials shall
incorporate the recommendations and the project specifications set forth in the site-specific Geotechnical
Report to ensure the safety of people and structures.
VTCSP EDFs 34 and 35 are consistent with what the City would typically require to reduce adverse
geology and soils effects, as well as ensure structurally sound development, under the standard
approval process.65
2.2.4.6 Greenhouse Gas Emissions
Development of the VTCSP is subject to applicable General Plan policies to ensure a sustainable
future including Policy ES-1.1 (refer to Attachment A for referenced policies). The City of
Cupertino Climate Action Plan (CAP) quantifies the City’s share of statewide greenhouse gas
emissions and establishes action steps towards achieving a local emissions reduction target. Pursuant
to the BAAQMD CEQA Air Quality Guidelines, development (other than stationary sources)
consistent with the adopted CAP is considered to have a less than significant greenhouse gas impact.
The CAP is based on the population and development assumptions in the General Plan EIR. The
General Plan EIR analyzed more intense development and greater buildout of the City than
ultimately approved by the City Council. In other words, the General Plan EIR and adopted CAP
assume greater population and development than would occur under the buildout of the General Plan
(with or without the Initiative).66
According to the CAP, if there is a lesser buildout scenario than what was analyzed in the General
Plan EIR, the resulting emissions would be lower than was assumed in the CAP and fewer reduction
measures would be required to achieve the City’s emissions targets.67 The development of the
VTCSP would be required to be consistent with the City’s CAP.
Based on preliminary review, it appears that development of the VTCSP (excluding stationary
sources) would be consistent with the City’s CAP, because it would be required to comply with
existing plans, policies, and regulations (including the City’s Construction and Demolition Recycling
Diversion Requirements) and includes EDFs consistent with the CAP’s goals and measures for
reducing energy use, promoting alternative transportation, conserving water, reducing solid waste,
expanding green infrastructure. Applicable EDFs include the following:
1. Green Roof & Community Park;
3. Sustainability Leadership/Recycled Water;
65 See footnote 56.
66 The development assumptions in the General Plan EIR and the level of development approved in the adopted
General Plan are summarized below.
Land Use General Plan EIR Adopted General Plan (with or without Initiative)
Residential (units) 25,833 23,294
Commercial (square feet) 4,975,744 4,430,982
Office (square feet) 12,956,410 11,470,005
Hotel (rooms) 2,455 1,429
67 City of Cupertino. City of Cupertino Climate Action Plan. January 2015. Page ES-8.
The Vallco Town Center Specific Plan Initiative 38 9212 Enviornmental Analysis
City of Cupertino June 2016
18. Transportation Demand Management Plan;
19. Free Community Shuttle;
20. Bike-Pedestrian Trails Funding;
21. Bike-Pedestrian Improvements;
26. Construction Emissions Minimization;
47. Transit/East Side Transit Center & Community Shuttle; and
48. Transit/Mobility Hub.
The VTCSP includes a central plant (a stationary source), which would provide heating, ventilation,
and air conditioning for most buildings. The central plant would consist of a condenser water
system, cooling towers, and boilers. It is possible that operation of the central plant produce
greenhouse gas emissions that would exceed the BAAQMD greenhouse gas threshold of significance
for stationary sources. The VTCSP includes the following EDF to reduce greenhouse gas emission
impacts from the central plant:
36. Central Plant Boilers Carbon Offsets: Prior to completion and operation of any Central Plant
Boilers with emissions above 10,000 MT C02e/yr., the Town Center/Community Park applicant and other
project applicants for future development shall enter into one or more contracts to purchase voluntary
carbon credits from a qualified greenhouse gas emissions broker in an amount sufficient to offset the
operational emissions above 10,000 MT C02e/yr., on a net present value basis in light of the fact that the
applicant shall acquire such credits in advance of any creation of the emissions subject to the offset.
Pursuant to CARB’s Mandatory Reporting Requirements, applicant(s) shall register the Central Plant
Boilers in the Mandatory Greenhouse Gas Emissions Reporting Program. The applicant(s) shall provide
copies of carbon purchase contracts to CARB during registration.
VTCSP EDF 36 is consistent with what the City would typically require to mitigate greenhouse gas
emissions from stationary sources under the standard approval process. The City would likely first
require any feasible on-site modifications to the stationary source to reduce greenhouse gas
emissions. If the greenhouse gas emissions from the stationary source could not be reduced below
the BAAQMD threshold of significance, the City would likely require carbon credits (such as those
identified in EDF 36) be purchased and that the credits be locally sourced (i.e., within the City of
Cupertino, County of Santa Clara, or same air basin).
2.2.4.7 Hazards and Hazardous Materials
Development of the VTCSP would be subject to applicable plans, policies, and regulations pertaining
to the use, handling, storage, and disposal of hazards and hazardous materials including General Plan
Policies HS-6.1 and HS-6.2 (refer to Attachment A for referenced policies). Hazards and hazardous
materials planning considerations are discussed below.68
• Potential sources of on-site contamination – The Vallco site was historically used for
agricultural purposes, and has been developed and operating as a shopping mall since at least
1979. The site is listed on regulatory agency databases as having leaking underground
storage tanks (LUSTs), removing and disposing of asbestos containing materials (ACMs),
and a small quantity generator of hazardous materials waste. Surface soils may contain
elevated levels of residual pesticides and other chemicals of concern related to past and
present use and operations at the site.
68 See footnote 56.
The Vallco Town Center Specific Plan Initiative 39 9212 Enviornmental Analysis
City of Cupertino June 2016
The VTCSP includes the following EDF that would reduce adverse effects from possible on-
site soil contamination:
39. Soil Management Plan: A Soil Management Plan for all redevelopment activities shall be
prepared by applicant(s) for future development to ensure that excavated soils are sampled and
properly handled/disposed, and that imported fill materials are screened/analyzed before their use
on the property.
VTCSP EDF 39 is consistent with mitigation identified in the General Plan EIR 69 and with
what the City would typically require to reduce impacts from on-site soil contamination
under the standard approval process. The City’s requirements would likely be more explicit
about the sampling standards and guidance to be followed and what contaminants should be
tested for when exporting or reusing soils, however. The City would likely identify what
topic areas would be included in the Soil Management Plan, such as site control procedures,
measures to minimize dust generation, protocols for earthwork activities, worker training
requirements, stockpiling protocols for clean and impacted soils, and other measures. It is
possible that the City would also require an environmental professional monitor excavation
activities near potential areas of contamination (e.g., former USTs).
• Building demolition waste – The demolition of buildings and existing improvements would
generate waste that could include hazardous materials, including lead-based paint and ACMs.
The VTCSP includes the following EDF to reduce adverse effects from building demolition
waste:
38. Renovation or Demolition of Existing Structures: Before conducting renovation or
demolition activities that might disturb potential asbestos, light fixtures, or painted surfaces, the
Town Center/Community Park applicant shall ensure that it complies with the Operations and
Maintenance Plan for management and abatement of asbestos-containing materials, proper
handling and disposal of fluorescent and mercury vapor light fixtures, and with all applicable
requirements regarding lead-based paint.
VTCSP EDF 38 is consistent with what the City and regulatory agencies would typically
require under the standard approval process. The City would likely clarify that asbestos
surveys be completed for existing buildings to be demolished and require the removal of
potentially friable ACMs prior to building demolition or renovation that may disturb these
materials.
• Proposed use of hazardous materials – Development of the VTCSP could include uses that
generate, store, use, distribute, or dispose of hazardous materials such petroleum products,
oils, solvents, paint, household chemicals, and pesticides. The VTCSP includes the
following EDF to reduce adverse effects from on-site use of hazardous materials:
37. Hazardous Materials Business Plan: In accordance with State Code, facilities that store,
handle or use regulated substances as defined in the California Health and Safety Code Section
25534(b) in excess of threshold quantities shall prepare and implement, as necessary, Hazardous
Materials Business Plans (HMBP) for determination of risks to the community. The HMBP will
69 City of Cupertino. General Plan Amendment, Housing Element Update, and Associated Rezoning EIR. State
Clearinghouse No. 2014032007. Certified December 2014. Pages 4.7-23 and 4.7-24
The Vallco Town Center Specific Plan Initiative 40 9212 Enviornmental Analysis
City of Cupertino June 2016
be reviewed and approved by the Santa Clara County Department of Environmental Health
Hazardous Materials Compliance Division through the Certified Unified Program Agencies
(CUPA) process.
VTCSP EDF 37 is consistent with what the County of Santa Clara, as the Certified Unified
Program Agency by the State, would typically require under the standard approval process.
2.2.4.8 Noise
The development of the VTCSP would be subject to applicable noise policies and regulations
including those in the General Plan (including Policies HS-8.1, HS-8.2, HS-8.3, and HS-8.4),
Municipal Code, and Zoning Ordinance. The development of the VTCSP could result in the noise
and vibration impacts discussed below.
• Construction-related noise – Noise generated from construction activities associated with
the development of the VTCSP would likely result in significant, temporary noise impacts at
adjacent residences. The VTCSP includes the following EDFs that would reduce
construction-related noise impacts:
40. On-Site Construction Noise: The Town Center/Community Park applicant and other project
applicants for future development shall be required to adhere to the construction noise limits of the
Cupertino Municipal Code. The following items would further reduce the potential for high levels
of noise from construction equipment or activities, and ensure that noise complaints are address
promptly and if necessary, corrective action is taken:
• Along the western boundary of the Town Center/Community Park and Block 14, near the
existing residential district, prepare and implement a 24-hour construction noise monitoring
program to be installed and operated remotely. The noise monitoring program would
continuously monitor construction noise levels at select perimeter locations and alert a
designated person(s) when noise levels exceed allowable limits. If noise levels are found to
exceed allowable limits, additional noise attenuation measures (i.e., sound walls) will be
undertaken.
• Require that all equipment be fitted with properly sized mufflers, and if necessary, engine
intake silencers.
• Require that all equipment be in good working order.
• Use quieter construction equipment models if available, and whenever possible, use
pneumatic tools rather than using diesel or gas-powered tools.
• Place portable stationary equipment as far as possible from existing residential areas, and if
necessary, place temporary barriers around stationary equipment.
• Whenever possible, require that construction contractors lift heavy equipment rather than
drag.
• For mobile equipment that routine operates near residential area (i.e., within approximately
200 feet), consider placement of typical fixed pure-tone backup alarms with ambient-sensing
and/or broadband backup alarms.
• Assign a noise control officer to ensure that the above requirements are being implemented.
• Implement a noise complaint hotline and post the hotline phone number on nearby visible
signs and online. Require that either the noise control officer or a designated person be
available at all times to answer hotline calls and ensure that follow-up and/or corrective action
is taken, if necessary.
The Vallco Town Center Specific Plan Initiative 41 9212 Enviornmental Analysis
City of Cupertino June 2016
14. Prompt Demolition: To ensure swift completion of the remainder of the Plan Area, a
commitment to demolish 100% of the remaining existing Mall improvements within 6 months of
receiving a certificate of occupancy for the afore-described initial retail component, subject to
existing leases and an appropriate temporary improvement plan for demolished areas.
VTCSP EDFs 40 and 14 are consistent with what the City would typically require to reduce
construction-related noise impacts under the standard approval process.
The construction-related truck trips could also result in significant noise increases at sensitive
receptors in the area. The VTCSP includes the following EDF that would reduce
construction truck noise:
41. Haul Traffic Noise: To reduce haul traffic noise, contractors for developments pursuant to
the Specific Plan shall require that haul trucks travel at low speeds (e.g., l 0 mph) when operating
on or adjacent to the Plan Area. The Town Center/Community Park applicant and other project
applicants for future development shall ensure that this requirement is included in the construction
specifications. In addition, the construction contractor shall ensure that haul trucks be fitted with
properly sized and functioning exhaust mufflers.
VTCSP EDF 41 is consistent with what the City would typically require to reduce
construction-related truck traffic noise under the standard approval process.
• Construction-related vibration – Vibration from construction-related activities could result
in significant impacts at adjacent sensitive receptors. Given the fact that the adjacent
residences are not historic resources, the identified minimum building setback of 35 feet from
the property line with adjacent residences (thereby setting back building construction activity
and sources of vibration from adjacent residences), and pile driving is not proposed, it is
unlikely that the development of the VTCSP would result in significant construction-related
vibration impacts.
• Operation-related noise – Operation of the uses at Vallco under the VTCSP could result in
significant noise increases at adjacent sensitive receptors. To mitigate operation-related noise
impacts at adjacent sensitive receptors, the City requires compliance with the noise standards
in the Municipal Code, and could require measures that limit or attenuate noise such as sound
barriers, limitations on hours of operations, and orientation of stages and speakers away from
sensitive receptors.
Operation of the VTCSP would result in an increase in traffic to and from the site, which
could increase noise levels at adjacent sensitive receptors. On Stevens Creek Boulevard and
North Wolfe Road in the Vallco vicinity, the existing daily trips are 30,000 and 34,000
respectively. In general, for traffic noise to increase noticeably (i.e., by a minimum of three
dBA), existing traffic volumes must double. The development of the VTCSP is estimated to
generate approximately 30,365 average daily trips;70 therefore, the development of the
VTCSP would not result in significant noise increases from project-generated traffic.
70 Fehr & Peers. Memorandum Review of the Vallco Town Center Plan Environmental Assessment, Cupertino,
California. June 13, 2016. Page 7.
The Vallco Town Center Specific Plan Initiative 42 9212 Enviornmental Analysis
City of Cupertino June 2016
• Other noise effects 71
The noise and land use compatibility of the proposed uses in the VTCSP with the existing
ambient noise environment could also be an issue. Exterior and interior noise levels at future
uses at Vallco under the VTCSP would exceed the City’s noise standards in the General Plan
and Municipal Code.
The VTCSP includes the following EDF to meet the State and City interior noise standard at
future residences on-site:
42. Acoustical Assessment: Prior to completion of detailed design for dwelling units, the Town
Center/Community Park applicant and other project applicants for future development shall prepare an
acoustical assessment to demonstrate how interior sound levels would achieve interior sound levels at
or below 45 dBA CNEL. The following development standards shall be included in the acoustical
assessments:
• Install HVAC systems for all residential units to ensure that windows and doors can remain
closed during warm weather;
• Install double-glazed windows, especially on sides of buildings that are adjacent to busy
roadways;
• Ensure that all windows and doors are properly sealed; and
• Ensure that exterior wall building materials are of an adequately rated Sound Transmission
Class.
VTCSP EDF 42 is consistent with what the City would typically require of proposed
residential projects to meet interior noise standards under the standard approval process.
There could also be noise compatibility issues between proposed uses on-site. The interfaces
between different uses would typically be evaluated by the City when specific development
projects are proposed. Noise attenuation measures (such as enclosing trash compactors and
loading docks, limiting cleaning activities in parking lots/garages, and limiting commercial
deliveries) could be required.
71 See footnote 56.
The Vallco Town Center Specific Plan Initiative 43 9212 Enviornmental Analysis
City of Cupertino June 2016
Table 4: Summary of VTCSP EDF Consistency with City’s Typical Mitigation or
Conditions of Approval
Environmental Resource
Compared to the City’s typical mitigation or conditions
of approval, the VTCSP EDF(s) are:
In Excess Consistent Inconsistent
Infrastructure
• Transportation
- Intersection Level of Service
- Freeway Level of Service
- Transit Facilities
- Bicycle and Pedestrian Facilities
- Parking*
- Neighborhood Intrusion
- Safety Hazards and Accessibility
- Construction-Related
X
X
X
X
X
X
X
X
• School Services X
• Parks/Open Space X
Other Public Services
• Police Services X
• Fire Services X
• Library Services X
Utilities and Service Systems
• Wastewater Treatment/ Sanitary Sewer
System
X
• Water X
• Energy X
Other Environmental Issues
• Aesthetics/Community Form X
• Air Quality X
• Biological Resources
- Birds and Trees
- Nitrogen Deposition
X
X
• Cultural Resources X
• Geology and Soils X
• Greenhouse Gas Emissions X
• Hazards and Hazardous Materials X
• Noise X
Notes: * The consistency of the parking for the Specific Plan is based on the number of parking spaces identified in the
Specific Plan, rather than an EDF. No EDF was identified for parking.
Refer to the body of the report for the complete discussion of the VTCSP EDFs consistency with the City’s typical mitigation
or conditions of approval.
The Vallco Town Center Specific Plan Initiative 44 9212 Enviornmental Analysis
City of Cupertino June 2016
SECTION 3.0 REFERENCES
Bay Area Air Quality Management District. California Environmental Quality Act Air Quality
Guidelines. May 2011.
City of Cupertino. City of Cupertino Climate Action Plan. January 2015. Page ES-8.
---. Community Vision 2015-2040. October 2015.
---. General Plan Amendment, Housing Element Update and Associated Rezoning EIR. State
Clearinghouse No. 2014032007. Certified December 2014.
---. General Plan Amendment, Housing Element Update and Associated Rezoning EIR Final
Addendum. Adopted October 2015.
City of Sunnyvale. CEQA Addendum to the Mitigated Negative Declaration for the Wolfe Road
Recycled Water Project. Adopted September 24, 2013.
Cupertino Sanitary District. District Response to your letter dated November 10, 2015. December 8,
2015.
---. Letter RE: Questions regarding Cupertino Sanitary District Services relative to Vallco
Development. Received November 19, 2015.
Fehr & Peers. Memorandum Review of the Vallco Town Center Plan Environmental Assessment,
Cupertino, California. June 23, 2016.
HydroScience. City of Sunnyvale Feasibility Study for Recycled Water Expansion Report. June 2013.
Kimley Horn. Vallco Town Center Specific Plan Environmental Assessment. April 2016.
King, Rick. Personal communications with NISL General Manager. February 2012.
Recycled Water Supply and Distribution Agreement Between City of Sunnyvale and Santa Clara
Valley Water District. SCVWD Board meeting March 24, 2015 authorized SCVWD CEQ to
execute agreement.
Schoolhouse Services. Enrollment and Fiscal Impact Analysis for The Hills at Vallco. February
2016.
---. School Enrollment and Fiscal Impact Analysis General Plan Amendment Alternatives. June 2014.
Yarne & Associates, Inc. Vallco Shopping District Specific Plan and The Hills at Vallco Project
SB610 Water Supply Assessment Cupertino, California. March 1, 2016.
ATTACHMENT A: REFERENCED GENERAL PLAN POLICIES
Policies Description
ES-1.1 Incorporate the principles of sustainability into Cupertino’s planning, infrastructure and
development process in order to improve the environment, reduce greenhouse gas emissions and
meet the needs of the community without compromising the needs of future generations.
ES-2.1 Encourage the maximum feasible conservation and efficient use of electrical power and natural gas
resources for new and existing residences, businesses, industrial and public uses.
ES-3.1 Set standards for the design and construction of energy and resource conserving/efficient building.
ES-4.1 Minimize the air quality impacts of new development projects and air quality impacts that affect
new development.
ES-4.3 Discourage high pollution fireplace use.
ES-5.1 Manage the public and private development to ensure the protection and enhancement of its urban
ecosystem.
ES-5.6 Provide open space linkages within and between properties for both recreational and wildlife
activities, most specifically for the benefit of wildlife that is threatened, endangered or designated as
species of special concern.
HS-3.2 Involve the Fire Department in the early design stage of all projects requiring public review to
assure Fire Department input and modifications as needed.
HS-3.4 Discourage the use of private residential electronic security gates that act as a barrier to emergency
personnel.
HS-3.7 Ensure that adequate fire protection is built into the design of multi-story buildings and require on-
site fire suppression materials and equipment.
HS-4.2 Consider appropriate design techniques to reduce crime and vandalism when designing public
spaces and reviewing development proposals.
HS-4.3 Recognize fiscal impacts to the County Sheriff and City of Cupertino when approving various land
use mixes.
HS-6.1 Require the proper storage and disposal of hazardous materials to prevent leakage, potential
explosions, fire or the release of harmful fumes. Maintain information channels to the residential
and business communities about the illegality and danger of dumping hazardous material and waste
in the storm drain system or in creeks.
HS-6.2 Assess future residents’ exposure to hazardous materials when new residential development or
childcare facilities are proposed in existing industrial and manufacturing areas. Do not allow
residential development or childcare facilities if such hazardous conditions cannot be mitigated to
an acceptable level of risk.
HS-8.1 Use the Land Use Compatibility for Community Noise Environments chart, the Future Noise
Contour Map (see Figure D-1 in Appendix D) and the City Municipal Code to evaluate land use
decisions.
HS-8.2 Minimize noise impacts through appropriate building and site design.
HS-8.3 Regulate construction and maintenance activities. Establish and enforce reasonable allowable
periods of the day, during weekdays, weekends and holidays for construction activities. Require
construction contractors to use the best available technology to minimize excessive noise and
vibration from construction equipment such as pile drivers, jack hammers, and vibratory rollers.
Policies Description
HS-8.4 Ensure that roads and development along Highway 85 and Interstate 280 are designed and improved
in a way that minimizes neighborhood noise.
INF-7.2 Ensure that public and private developments build new and on-site facilities and/or retrofit existing
on-site facilities to meet the City’s waste diversion requirements.
INF-7.3 Encourage public agencies and private property owners to design their operations to meet, and even,
exceed regulatory waste diversion requirements.
INF-8.1 Meet or exceed Federal, State and regional requirements for solid waste diversion through
implementation of programs.
LU-19.1 Create a Vallco Shopping District Specific Plan prior to any development on the site that lays out
the land uses, design standards and guidelines, and infrastructure improvements required.
LU-6.3 Projects on Historic Sites, Commemorative Sites and Community Landmarks shall provide a
plaque, reader board and/or other educational tools on the site to explain the historic significance of
the resource. The plaque shall include the city seal, name of resource, date it was built, a written
description and photograph. The plaque shall be placed in a location where the public can view the
information.
M-1.2 Participate in the development of new multi-modal analysis methods and impact thresholds as
required by Senate Bill 743. However, until such impact thresholds are developed, continue to
optimize mobility for all modes of transportation while striving to maintain the following
intersection Levels of Service (LOS) at a.m. and p.m. peak traffic hours:
• Major intersections: LOS D;
• Stevens Creek Boulevard and De Anza Boulevard: LOS E+;
• Stevens Creek Boulevard and Stelling Road: LOS E+
• De Anza Boulevard and Bollinger Road: LOS E+
M-1.3 Continue to plan and provide for a comprehensive system of trails and pathways consistent with
regional systems, including the Bay Trail, Stevens Creek Corridor and Ridge Trail.
M-2.1 Adopt and maintain street design standards to optimize mobility for all transportation modes
including automobiles, walking, bicycling and transit.
M-2.2 Design roadway alignments, lane widths, medians, parking and bicycle lanes, crosswalks and
sidewalks to complement adjacent land uses in keeping with the vision of the Planning Area. Strive
to minimize adverse impacts and expand alternative transportation options for all Planning Areas
(Special Areas and Neighborhoods). Improvement standards shall also consider the urban, suburban
and rural environments found within the city.
M-2.3 Promote pedestrian and bicycle improvements that improve connectivity between planning areas,
neighborhoods and services, and foster a sense of community.
M-2.4 Reduce traffic impacts and support alternative modes of transportation rather than constructing
barriers to mobility. Do not close streets unless there is a demonstrated safety or over-whelming
through traffic problem and there are no acceptable alternatives since street closures move the
problem from one street to another.
M-2.5 Ensure all new public and private streets are publicly accessible to improve walkability and reduce
impacts on existing streets.
M-2.6 Consider the implementation of best practices on streets to reduce speeds and make them user-
friendly for alternative modes of transportation, including pedestrians and bicyclists.
M-3.2 Require new development and redevelopment to increase connectivity through direct and safe
pedestrian connections to public amenities, neighborhoods, shopping and employment destinations
throughout the city.
Policies Description
M-3.3 Enhance pedestrian and bicycle crossings and pathways at key locations across physical barriers
such as creeks, highways and road barriers.
M-3.4 Preserve and enhance citywide pedestrian and bike connectivity by limiting street widening purely
for automobiles as a means of improving traffic flow.
M-3.5 Minimize the number and the width of driveway openings.
M-3.6 Require parking lots to include clearly defined paths for pedestrians to provide a safe path to
building entrances.
M-3.8 Require new development and redevelopment to provide public and private bicycle parking.
M-4.4 Work with VTA and/or major developments to ensure all new development projects include
amenities to support public transit including bus stop shelters, space for transit vehicles as
appropriate and attractive amenities such as trash receptacles, signage, seating and lighting.
M-4.7 Vallco Shopping District Transfer Station - Work with VTA and/or other transportation service
organizations to study and develop a transit transfer station that incorporates a hub for alternative
transportation services such as, car sharing, bike sharing and/or other services.
M-5.1 Promote Safe Routes to Schools programs for all schools serving the city.
M-5.2 Ensure that bicycle and pedestrian safety improvements include projects to enhance safe
accessibility to schools.
M-7.1 Follow guidelines set by the VTA related to transportation impact analyses, while conforming to
State goals for multi-modal performance targets.
M-8.3 Employ Transportation Systems Management strategies to improve efficiency of the transportation
infrastructure including strategic right-of-way improvements, intelligent transportation systems and
optimization of signal timing to coordinate traffic flow.
M-8.4 Require large employers, including colleges and schools, to develop and maintain TDM programs
to reduce vehicle trips generated by their employees and students and develop a tracking method to
monitor results.
M-8.5 Encourage new commercial developments to provide shared office facilities, cafeterias, daycare
facilities, lunchrooms, showers, bicycle parking, home offices, shuttle buses to transit facilities and
other amenities that encourage the use of transit, bicycling or walking as commute modes to work.
Provide pedestrian pathways and orient buildings to the street to encourage pedestrian activity.
M-9.2 Promote effective TDM programs for existing and new development.
M-10.1 Develop and implement an updated citywide transportation improvement plan necessary to
accommodate vehicular, pedestrian and bicycle transportation improvements to meet the City’s
needs.
RPC-2.4 Ensure that each home is within a half-mile walk of a neighborhood park or community park with
neighborhood facilities; ensure that walking and biking routes are reasonably free of physical
barriers, including streets with heavy traffic; provide pedestrian links between parks, wherever
possible; and provide adequate directional and site signage to identify public parks.
RPC-2.5 Provide parks and recreational facilities for a variety of recreational activities.
ATTACHMENT B: TRANSPORTATION MEMO
160 W. Santa Clara Street | Suite 675 | San José, CA 95113 | (408) 278-1700 | Fax (408) 278-1717
www.fehrandpeers.com
MEMORANDUM
Date: June 28, 2016
To: Kristy Weis, David J. Powers & Associates
From: Franziska Church, Fehr & Peers
Subject: Review of the Vallco Town Center Specific Plan Environmental Assessment,
Cupertino, California
SJ15-1574
The purpose of this memorandum is to present the results of a review of the Transportation and
Circulation section of the Vallco Town Center Specific Plan Environmental Assessment (April 2016) (EA)
prepared by Kimley-Horn. The EA was submitted to the City in April 2016 by Steve Lynch, a representative
of Sandhill Property Company. The EA states that it “discloses the potential environmental effects
associated with implementation of the Vallco Town Center Specific Plan, and related amendments to the
City of Cupertino General Plan, Community Vision 2015–2040 (General Plan) and the Cupertino Municipal
Code, as provided for in the ballot measure to be submitted to the voters, The Vallco Town Center
Specific Plan Initiative (Initiative).” (EA, pp. 1-1 and 2-1.)
As part of this review, the results of the EA were compared to the initial results and mitigation measures in
the preliminary transportation assessment (PTA) prepared by Fehr & Peers as part preparing an
environmental impact report (EIR) for the proposed The Hills at Vallco project. Fehr & Peers is the City’s
transportation consultant for the Vallco Shopping District Specific Plan, also known as The Hills at Vallco,
planning process. By letter dated December 21, 2015, Applicant requested that the City and its
consultants cease work on the Environmental Impact Report in light of the filing of the Cupertino Citizens’
Sensible Growth Initiative (Citizens’ Initiative). At the request of the applicant, information prepared by the
City’s consultants, prior to the time that the City and its consultant were asked to stop work on the EIR for
the Hills at Vallco project, was released to the applicant’s consultant, Kimley-Horn.
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June 28, 2016
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FINDINGS
The findings of the review are:
The daily and PM peak hour traffic estimates for the Project in the EA are lower than the estimates
in the PTA
o Daily estimates are 14,000 lower and PM peak hour estimates are 850 lower (AM peak hour
vehicle trips estimates are 200 higher)
o EA assumed a higher mall occupancy resulting in fewer net-added trips
The EA did not include an analysis of intersection operations under Existing with Project
Conditions
o PTA identified 2 significant intersection impacts
Fewer significant Project intersection impacts are identified in the EA under Background with
Project Conditions
o PTA identified 8 significant intersection impacts and EA identified 4
Fewer significant Cumulative intersection impacts are identified in the EA
o PTA identified 15 significant intersection impacts and EA identified 5
Most EA mitigation measures for intersection impacts comprise modifications to signal operations
that are not acceptable to the City
The EA identified more freeway segments with significant Project impacts
o Impacts to freeway segments are significant and unavoidable
o In lieu of physical mitigation measures the City allows project applicants to make voluntary
contributions to the VTA
The EA does not adequately evaluate transit, pedestrian, and bicycle impacts
The vehicle and bicycle parking estimates in the EA are low and do not meet City requirements
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June 28, 2016
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PROJECT BACKGROUND
In 2015, Fehr & Peers commenced work on a Transportation Impact Analysis (TIA) for the “Vallco
Shopping District Specific Plan” for inclusion in the Environmental Impact Report (EIR) being prepared by
the City of Cupertino. Following the filing of the Citizens’ Initiative, Fehr & Peers’ work was put on hold at
the request of the applicant and the technical analysis was not completed. Subsequently, in March 2016,
“The Vallco Town Center Specific Plan Initiative” (VTCSP Initiative) was filed. Thereafter, the proponents of
the VTSCP Initiative submitted the Vallco Town Center Specific Plan Environmental Assessment (Kimley-
Horn, April 2016), to the City to disclose the potential environmental effects of the VTCSP. The EA includes
a Transportation and Circulation chapter with a detailed evaluation of the potential effects of the VTCSP
Initiative, which includes the Specific Plan and related General Plan and Municipal Code amendments, on
the transportation system. This technical memorandum compares the results presented in the EA’s
Transportation and Circulation chapter to the preliminary technical assessment (PTA) prepared by Fehr &
Peers as part of the initial CEQA process.
PTA WORK COMPLETED TO DATE
Fehr & Peers began work on the TIA for the Vallco Shopping District Specific Plan in Spring 2015.
Intersection turning movement and driveway counts were conducted in May 2015 to establish the existing
setting. Coordination with City staff continued throughout the next few months with an approximate due
date for the Administrative Draft of the TIA of late-December 2015/early-January 2016.
On December 22, 2015, the City and its consultants, including Fehr & Peers, stopped work on the EIR at
the request of the applicant. Draft results of following items were prepared, but internal reviews for final
delivery had not been conducted:
Existing Conditions
o Intersection level of service analysis
o Freeway level of service analysis
o Transit service figure and description
o Bicycle and pedestrian facilities figure and description
o Field observations
Project Trip Generation, Distribution and Assignment
o Weekday daily, morning peak hour, and evening peak hour trip generation
o Saturday peak hour trip generation
o Trip distribution pattern
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o Trip assignment
Existing with Project Conditions
o Intersection level of service analysis
o Freeway level of service analysis
Background and Background with Project Conditions
o Intersection level of service analysis
Cumulative and Cumulative with Project Conditions
o Intersection level of service analysis
o Freeway level of service analysis
Identification of Transportation Facility Impacts and Mitigation Measures
Parking Analysis (including bicycle parking)
PROJECT DESCRIPTION
The approximately 58-acre Vallco District Specific Plan area is centered at the intersection of Wolfe Road
and Vallco Parkway in Cupertino, California. The project site is generally bounded by I-280 to the north,
Perimeter Road to the east and west, and Stevens Creek Boulevard to the south.
A comparison of the land uses assumed under the EA and the PTA is presented in Table 1. Overall, the
land uses assumed in the EA and PTA are very similar. Any differences are relatively minor, and do not
substantially affect the comparison of the results for the EA and the PTA.
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TABLE 1: VALLCO TOWN CENTER SPECIFIC PLAN LAND USES
Land Use Unit Amount under
EA Amount under PTA Difference
Vallco Town Center / Community Park
Office 1,000 sq. ft. 2,000 2,000 0
Retail/Local Fitness Use-Gym1 1,000 sq. ft. 640 650 -10
Apartment2 Dwelling units 760 760 0
Senior Adult Housing2 Dwelling units 40 40 0
Banquet Hall 1,000 sq. ft. 15 20 -5
High School Innovation Center Students 100 100 0
Civic Meeting Space 1,000 sq. ft. 5 5 0
Office Event Center 1,000 sq. ft. 20 20 0
Office Cafeteria/Fitness 1,000 sq. ft. 20 15 +5
Additional Office Amenities 1,000 sq. ft. 135 135 0
Loading Facilities and Security
Areas 1,000 sq. ft. 75 75 0
Industrial Testing and Workshop 1,000 sq. ft. 175 175 0
Central Plant 1,000 sq. ft. 45 35 -10
Rooftop Garden Acres 30 30 0
Remaining Vallco Shopping District (Block 14)
Hotel Rooms 191 191 0
Retail 1,000 sq. ft. 0 10 -10
Notes:
1. Local Fitness Use-Gym is assumed to be approximately 50,000 square feet under the PTA (the size of the fitness us-gym is not
specified the EA).
2. According to the Specific Plan Description in the EA, 160 units of the total 800 residential units would be senior apartments
pursuant to state and federal law. However, both the transportation section of the EA and the PTA evaluated 40 units of the 800
total residential units as senior housing. This results in a more conservative trip generation estimate as apartments have a
higher trip rate compared to senior housing.
Source: Vallco Town Center Specific Plan Environmental Assessment, Kimley-Horn, 2016; Fehr & Peers, 2016.
Kristy Weis
June 28, 2016
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STUDY LOCATIONS
The study intersection locations presented in the EA are the same study intersections that would have
been evaluated by the City in the EIR with the exception of the Wolfe Road and I-280 ramp intersections.
Given the on-going Wolfe Road / I-280 interchange analysis that is being undertaken by the City of
Cupertino, the Santa Clara Valley Transportation Authority (VTA),1 and Caltrans, the EA deferred analysis of
these two intersections whereas the City was intending to analyze them in the EIR. The EIR analysis would
have included a detailed traffic simulation analysis (using VISSIM) of the Wolfe Road corridor between
Homestead Road and Stevens Creek Boulevard, including the two Wolfe Road intersections at the I-280
interchange.
The EA evaluated 38 more freeway study segments than were analyzed in the PTA (68 total segments in
the EA, and 30 in the PTA). In both the EA and PTA, the freeway segments to be included in the analysis
were determined based on thresholds established by VTA. Pursuant to VTA’s TIA Guidelines, a freeway
segment should be included if a project adds trips that equal at least one percent of the freeway
segment’s capacity. Both the EA and the PTA applied a manual distribution of the project trips to
determine the number of project trips that would enter/exit the freeway system at individual interchanges.
In the EA, VTCSP project trips were conservatively assumed to remain on the freeway for a longer distance
than was assumed in the PTA, which resulted in additional freeway study segments being considered in
the EA. Both the PTA and EA applied standard engineering practices, and both would generally be
considered acceptable by the City of Cupertino.
TRAFFIC COUNTS AND FORECASTS
The traffic counts that were conducted as part of the PTA were used by Kimley-Horn for the EA. In
addition, freeway forecasts developed using the VTA model by Fehr & Peers were used by Kimley-Horn
for the EA. Therefore, both the EA and PTA used the same initial traffic data.
1 VTA is the congestion management agency for Santa Clara County
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June 28, 2016
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ANALYSIS METHODOLOGY
Both the EA and PTA generally follow ed the guidelines of the City of Cupertino and VTA and used the
guidelines of VTA’s Congestion Management Program (CMP) Transportation Impact Analysis (TIA)
Guidelines (adopted October 2014) to evaluate potential transportation impacts.
ANALYSIS METHODS
The intersection and freeway segment level of service calculation methods used in the EA and PTA are
consistent with the methods established in VTA Transportation Impact Analysis Guidelines.
LEVEL OF SERVICE STANDARDS AND SIGNIFICANT IMPACT THRESHOLDS
The level of service (LOS) thresholds for intersections and freeways used in the EA are consistent with the
thresholds applied for projects within Cupertino. The significance criteria used in the EA are consistent as
well.
ANALYSIS SCENARIOS
The EA includes five analysis scenarios, while the PTA included six scenarios, to evaluate intersection
impacts. The study scenarios and the traffic volume assumptions for each are summarized in Table 2. The
City-required analysis scenarios missing from the EA and the non-typical scenario included in the EA are
described in the following subsections.
ANALYSIS SCENARIOS MISSING IN EA
It is the City’s practice to evaluate Existing Conditions to describe intersection operations for the Existing
Setting and to evaluate Existing with Project Conditions to determine project-specific impacts. These two
scenarios are missing from the EA.
The City would typically evaluate Existing Conditions using existing counts and field observations of
intersection operations. Existing Conditions would assume the current occupancy of the mall and would
be the basis for which approved and pending projects would be added under Background and Cumulative
Conditions, respectively. This scenario relies on the occupancy level (62 percent) that constituted the best
available information (May 2015 traffic counts) when the City and its consultants stopped work on the EIR
in December 2015.
Kristy Weis
June 28, 2016
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VTA’s TIA Guidelines include the Existing with Project scenario as an Optional Scenario and it is not
required for CMP purposes, but the VTA Guidelines state that this scenario may be included in a TIA to
address local requirements or CEQA. There some debate about the adequacy of Existing Conditions rather
than Background Conditions as being representative of “baseline conditions.” Jurisdictions in Santa Clara
County, including Cupertino, have tended to include both to fully cover all aspects of CEQA’s
requirements to identify significant project impacts. Therefore, the City’s EIR would have included an
evaluation of Project impacts under both Existing with Project and Background with Project Conditions.
TABLE 2: ANALYSIS SCENARIOS AND TRAFFIC VOLUME ASSUMPTIONS
Scenario EA PTA
Existing not analyzed Traffic volumes from May 2015 counts
(62% mall occupancy)
Existing with Project not analyzed Traffic volumes from May 2015 counts,
with net new Project trips
Baseline Existing
Traffic volumes from May 2015 counts plus
traffic estimates to account for increased
mall occupancy (62% to 82%)
not analyzed – not a City-required
analysis scenario
Background
Traffic volumes from May 2015 counts plus
traffic estimates to account for increased
mall occupancy (62% to 82%), plus traffic
estimates for other approved development
projects
Traffic volumes from May 2015 counts,
plus traffic estimates for other approved
development projects
Background with Project
Traffic volumes from May 2015 counts plus
traffic estimates to account for increased
mall occupancy (62% to 82%), plus traffic
estimates for other approved development
projects, with net new Project trips
Traffic volumes from May 2015 counts,
plus traffic estimates for other approved
development projects with net new
Project trips
Cumulative
Traffic volumes from May 2015 counts plus
traffic estimates to account for increased
mall occupancy (62% to 82%), plus traffic
estimates for other approved and pending
development projects
Traffic volumes from May 2015 counts,
plus traffic estimates for other approved
and pending development projects
Cumulative with Project
Traffic volumes from May 2015 counts plus
traffic estimates to account for increased
mall occupancy (62% to 82%), plus traffic
estimates for other approved and pending
development projects, with net new Project
trips
Traffic volumes from May 2015 counts,
plus traffic estimates for other approved
and pending development projects, with
net new Project trips
Source: Vallco Town Center Specific Plan Environmental Assessment, Kimley-Horn, 2016; Fehr & Peers, 2016.
Kristy Weis
June 28, 2016
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ADDITIONAL EA ANALYSIS SCENARIO NOT USED BY THE CITY - BASELINE
EXISTING CONDITIONS
The EA evaluated Baseline Existing Conditions, which is defined in Section 17.6 of the EA to consist of an
82 percent occupied mall. Historic mall occupancy data submitted by the applicant shows that the mall
was on average occupied at a level of 82 percent from 2009 to 2014. At the time the counts were
collected for the study, the mall was approximately 62 percent occupied. The EA estimated traffic for the
additional 20 percent occupancy and added it to the surrounding roadway network. This approach results
in lower net new Project trip generation due to a higher amount of occupied land use assumed within the
project area as the baseline existing condition This has the potential to show lower incremental increases
in critical delay and V/C ratio when evaluating the transportation effects of the Project. This scenario is not
a scenario typically included in City studies.
ANALYSIS ASSUMPTIONS
This section discusses the analysis assumptions as they relate to Project trip generation, Project trip
distribution, growth in traffic due to approved and pending developments, intersection geometry
improvements assumed under the “No Project” scenarios for Background and Cumulative Conditions, and
Specific Plan proposed intersection geometry improvements.
TRIP GENERATION
Both the EA and PTA applied “Silicon Valley Office” rates, rather than generic ITE office rates, to develop
trip estimates for the office uses. These rates include employee densities and the effects of TDM programs
that are typical for office developments in Silicon Valley, and therefore are more representative of type of
office development that would be included in the VTCSP. These Silicon Valley office rates are higher than
the Apple-specific rates used in the Apple Campus 2 EIR. The use of the Silicon Valley Office rates is
consistent with City practices.
Table 3 presents the net new trip generation from the EA and the PTA. The EA’s VTCSP’s net new trip
generation is about 200 trips greater than the PTA estimates in the AM peak hour and about 850 trips less
than the PTA in the PM peak hour. The daily trips estimates in the EA are 53 percent of the daily trip
estimates from the PTA.
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June 28, 2016
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TABLE 3: SPECIFIC PLAN NET NEW TRIP GENERATION COMPARISON
Report Daily AM Peak Hour PM Peak Hour
Total In Out Total In Out
Preliminary Technical Assessment (PTA) 30,363 2,620 2,066 554 2,435 532 1,903
Environmental Assessment (EA) 16,162 2,805 2,269 537 1,583 132 1,452
Difference (EA minus PTA) -14,201 185 203 -17 -852 -400 -451
Source: Vallco Town Center Specific Plan Environmental Assessment, Kimley-Horn, 2016; Fehr & Peers, 2016.
Besides the slight differences in the land use amounts presented earlier in this memorandum, the
differences in the trip generation are primarily related to the following, which are discussed in more detail
below:
Different mixed-use development trip reductions
Different assumptions for existing site uses
Mixed-Use Development Trip Reduction
Both the EA and the PTA used the MXD Trip Generation Model Version 4 created by Fehr & Peers to
determine the vehicle trip reduction percentage due to the proposed mix of land uses. Although the same
model was used, different mixed-use trip reduction percentages were estimated. The MXD model requires
input of multiple surrounding area parameters such as employment within one mile of the project site,
employment with a 30-minute transit trip, average household size near the project site, and average
vehicle ownership near the site. For the PTA, Fehr & Peers used the MXD Trip Generation web interface,
called MainStreet, which automatically populates these model inputs from available sources, such as VTA’s
regional travel demand forecasting model and US Census Data. The publically available MXD tool requires
users to manually enter the MXD model parameters; which requires greater engineering judgement and
discretion than the MainStreet tool. The EA does not present the parameter values applied in their MXD
Trip Generation Model; therefore, the inputs cannot be verified.
Also, the Silicon Valley Office rates include reductions due to transit usage; therefore, the mixed-use
percentage reduction from the MXD model, which also takes into account transit usage, was reduced in
the PTA in order to avoid double counting transit ridership. The EA states that the MXD reduction applied
does not assume a built-in transit reduction for the Silicon Valley office land uses. This statement cannot
be verified based on the detail presented in the trip generation table.
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June 28, 2016
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Existing Land Use
In May 2015, Fehr & Peers collected mid-week (Tuesday through Thursday) 72-hour counts at all of the
Vallco Mall’s driveways along Perimeter Road, Wolfe Road, and Vallco Parkway. These counts were used
to develop trip generation estimates for the existing uses on the project site. At the time the counts were
collected, the mall was about 62 percent occupied. In the PTA, trip estimates for these existing uses
derived from the driveway counts were subtracted from the Project’s trip estimates to develop net new
Project trips.
The 82 percent mall occupancy assumed in the EA is higher than the occupancy of Vallco Mall at the time
of the counts (62 percent), resulting in a higher number of trips for existing site uses being subtracted
from the VTCSP’s gross trip estimate. Consequently, the EA includes a lower number of net new project
trips than what would have been evaluated by the City in the EIR. The method applied in the EA is not
consistent with past City practices. For example, for the Apple Campus 2 project, the occupancy level of
the land uses on the site at the time of the counts (~4,800 employees) was used, not the full occupancy
(~9,000 employees) or some other level of occupancy, to determine the net new project trips.
TRIP DISTRIBUTION
The trip distribution pattern from the PTA was used to assign the Project trips to the roadway system in
the EA. However, the EA used a different trip distribution pattern to assign the added trips to account for
increased mall occupancy from 62 to 82 percent to the roadway system for the Baseline Existing scenario.
This trip distribution pattern also was used to subtract traffic generated by from existing site land uses
from the local roadway network resulting in some negative volumes at some intersection turning
movements.
PROJECT INTERSECTION IMPROVEMENTS
As part of the Specific Plan, on-site roadway geometry enhancements would be constructed to
accommodate the increase in traffic and changes in travel patterns. The EA lists the geometry
enhancements for the project driveways. This information was not reviewed since it represents a modified
site plan that is different from the plan used for the PTA.
BACKGROUND AND CUMULATIVE DATA
Traffic volumes for Background and Cumulative Conditions under the EA use estimates of vehicle trips
from approved and pending development projects within the City of Cupertino, Santa Clara, and
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June 28, 2016
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Sunnyvale. Intersection infrastructure projects that are planned and funded are included as well. This
procedure is consistent with the procedure used by the City and for the PTA.
Approved and Pending Projects Trip Generation, Distribution, and Assignment
Fehr & Peers did not review in detail the EA’s traffic volume estimates for the approved and pending
development projects to determine the “No Project” volumes for the Background and Cumulative
scenarios. Engineering judgment must be applied to estimate trip generation, distribution, and
assignment for each of the approved and pending projects. Therefore, it is likely that the EA and PTA
estimates would be different. Fehr & Peers did review and verify that the appropriate approved and
pending projects were included in the EA. Additionally, Fehr & Peers did review in detail the roadway
infrastructure adjustments included under Background No Project and Cumulative No Project Conditions,
which are discussed below.
Background Intersection Improvements2
The intersection geometry assumptions for the EA were reviewed and compared to the assumptions in
the PTA. The geometry assumptions included in the PTA are considered consistent with City practices.
Differences between the EA and the PTA are listed below:
Intersection #29: Wolfe Road / Apple Campus 2 Driveway – The EA and the PTA assumed
similar geometry intersection except that the EA assumed two northbound through lanes and two
westbound left-turn lanes, while the PTA assumed three lanes for each of these movements. The
geometry assumptions in the PTA match what was proposed in the Apple Campus 2 TIA and is
now constructed. The results presented in the EA are more conservative (i.e., higher delay/worse
LOS) due to the reduced number of lanes.
Intersection #30: Wolfe Road / Pruneridge Avenue – The geometry modifications assumed
under Background Conditions for the EA would have been assumed under Existing Conditions in
the PTA because they were constructed during the time the intersection turning movement
counts were performed. However, this does not change the conclusions of the EA.
Intersection #33: Wolfe Road / Vallco Parkway - The EA includes a westbound right-turn
overlap phase as stated in the Apple Campus 2 TIA. After discussions with the City,
implementation of a right-turn overlap phase is uncertain and was therefore not included in the
PTA. The addition of the right-turn overlap phase improves intersection operations and could
potentially result in impacts not being identified.
2 Includes planned and funded improvements that are included in Background Conditions but not in Existing
Conditions.
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June 28, 2016
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Intersection #42: Tantau Avenue / Pruneridge Avenue – The geometry modifications assumed
under Background Conditions for the EA were assumed under Existing Conditions in the PTA.
However, this does not change the conclusions of the EA.
Cumulative Intersection Improvements
The geometry assumptions under Cumulative without and with Project Conditions were compared. There
were no differences between the intersection improvements assumed under the EA and the PTA, with the
exception of the intersections listed previously under Background Intersection Improvements.
ANALYSIS RESULTS
This section discusses the EA’s analysis results and compares them to those from the PTA.
EXISTING CONDITIONS
The EA did not provide an analysis of Existing without and with Project Conditions to determine Project-
specific intersection impacts. It used Background and Background with Project Conditions instead.
However, the EA freeway segment analysis was conducted for Existing Conditions with and without the
Project using the 2014 VTA Conformance and Monitoring Report and Project traffic estimates. The City
would evaluate both intersections and freeway segments under Existing without and with Project
Conditions in the EIR.
Intersections
Two intersections with significant Project impacts are identified in the PTA but not in the EA, because the
EA did not include an Existing Conditions analysis:
Intersection #12 De Anza Boulevard / McClellan Road-Pacifica Drive
Intersection #55 Lawrence Expressway / Bollinger Road
Freeways
In the PTA, the Project trips are dispersed more rapidly along the freeway network than in the EA. This
reduces the number and severity of freeway impacts in the PTA. Therefore, the EA is considered
conservative and identifies more freeway segment impacts than the PTA. Both the PTA and EA applied
standard engineering practices and both would generally be considered acceptable by the City of
Cupertino.
Kristy Weis
June 28, 2016
Page 14 of 35
Of the 68 segments evaluated in the EA, a total of 30 segments had significant Project impacts in either
the AM or PM peak hour. Of the 30 segments evaluated in the PTA, a total of 20 segments have
significant Project impacts in either the AM or PM peak hour. Table 4 summarizes the number of
impacted locations in the PTA and EA.
TABLE 4: IMPACTED FREEWAY SEGMENTS UNDER EXISTING CONDITIONS1
Freeway
EA PTA
Segments
Studied Segments Impacted1 Segments
Studied Segments Impacted1
SR 17 7 0 2 2
SR 85 19 14 9 5
SR 237 12 0 Not Analyzed Not Analyzed
I-280 18 18 15 15
I-880 12 0 4 3
Notes:
1. A segment is determined to be impacted if the detailed impact analysis shows an impact in either direction of the segment, during
either peak hour, and/or if the impact is on the HOV lane.
Source: Vallco Town Center Specific Plan Environmental Assessment, Kimley-Horn, 2016; Fehr & Peers, 2016.
In the EA, the volume of traffic assigned to the HOV lanes is higher than the currently observed HOV
percentages. Applying City practices, the HOV percentage would match what is currently observed; thus,
the approach in the EA likely results in more HOV lane impacts compared to the PTA.
BACKGROUND CONDITIONS
The differences in Project intersection impacts identified in the EA and in the PTA for Background
Conditions presented below. (More detailed technical explanations are attached.) There are slight volume
differences for Background Conditions between the EA and the PTA at all study intersections due to
differences in trip assignments for other approved development projects. There are additional volume
differences between the EA and the PTA at all study intersections for Background with Project Conditions
due to differences in the amount of Project traffic. These volume differences contribute to different delay
estimates and ultimately different Project impacts.
Kristy Weis
June 28, 2016
Page 15 of 35
Intersections with Project Impacts in the EA and not the PTA
There were two intersections where a potential intersection impact was identified in the EA that was not
identified in the PTA.
Intersection #11 De Anza Boulevard / Stevens Creek Boulevard
Intersection #13 De Anza Boulevard / Bollinger Road
Intersections with Project Impacts Identified in the PTA but not the EA
There were six intersections where an impact was identified in the PTA that were not identified in the EA:
Intersection #44 Stevens Creek Boulevard / Tantau Avenue
Intersection #45 Stevens Creek Boulevard / Calvert Drive-I-280 Ramps (east)
Intersection #53 Lawrence Expressway / I-280 Southbound Ramps
Intersection #54 Lawrence Expressway / Mitty Way
Intersection #55 Lawrence Expressway / Bollinger Road
Intersection #57 Lawrence Expressway / Prospect Road
CUMULATIVE CONDITIONS
The differences in number of intersection impacts identified in the EA and in the PTA for Cumulative
Conditions are illustrated on Figure 1 and presented below. (More detailed technical explanations are
attached.) Due to the differences between the EA and the PTA in trip assignments for other approved
development projects, for pending development projects, and the amount of added Project traffic, there
are volume differences at the study intersections between the EA and the PTA. These volume difference
contribute to different delay estimates and ultimately different impacts.
Intersections with Cumulative Impacts in the EA and not the PTA
There was one intersection where a potential intersection impact was identified in the EA but not in the
PTA.
Intersection #8 De Anza Boulevard / Homestead Road
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Kristy Weis
June 28, 2016
Page 17 of 35
Intersections with Cumulative Impacts Identified in the PTA but not the EA
There were eleven intersections where a Cumulative impact was identified in the PTA but not in the EA,
including the six intersections with Project impacts identified under Background Conditions.
Intersection #37 Miller Avenue / Bollinger Road
Intersection #44 Stevens Creek Boulevard / Tantau Avenue
Intersection #45 Stevens Creek Boulevard / Calvert Drive-I-280 Ramps (east:
Intersection #48 Stevens Creek Boulevard / Lawrence Expressway Ramps (west)
Intersection #53 Lawrence Expressway / I-280 Southbound Ramps
Intersection #54 Lawrence Expressway / Mitty Way
Intersection #55 Lawrence Expressway / Bollinger Road
Intersection #56 Lawrence Expressway / Doyle Road
Intersection #57 Lawrence Expressway / Prospect Road
Intersection #58 Lawrence Expressway / Saratoga Avenue
Intersection #60 SR 85 (North) / Saratoga Avenue
Freeways
For the PTA, cumulative freeway volumes were estimated using the VTA Year 2040 forecasting model. The
EA used the same mixed-flow freeway volumes as presented in the PTA; however, the HOV/HOT volumes
were adjusted to match existing HOV/HOT percentages. The volumes presented in the EA are more
conservative (i.e., higher) than those in the PTA.
In the PTA, Project trips along the freeway were dispersed more rapidly than in the EA, which means that
the PTA assumes that more Project trips would get onto and off of the freeway network closer to the
Project site. This reduces the number and severity of freeway impacts; therefore, the EA is considered
conservative and identifies more impacts than the PTA.
Of the 68 segments evaluated under the EA, a total of 39 segments would have cumulative impacts during
either the AM or PM peak hour. All 30 segments evaluated in the PTA would have cumulative impacts
during either the AM or PM peak hour. Table 5 summarizes the number of freeway segments with
Cumulative impacts in the PTA and the EA.
Kristy Weis
June 28, 2016
Page 18 of 35
TABLE 5: IMPACTED FREEWAY SEGMENTS UNDER CUMULATIVE CONDITIONS
Freeway
EA PTA
Segments
Studied Segments Impacted1 Segments
Studied Segments Impacted1
SR 17 7 3 2 2
SR 85 19 18 9 5
SR 237 12 0 Not Analyzed Not Analyzed
I-280 18 18 15 15
I-880 12 0 4 4
Notes:
1. A segment is determined to be impacted if the detailed impact analysis shows an impact in either direction of the segment,
during either peak hour, and/or if the impact is on the HOV lane.
Source Vallco Town Center Specific Plan Environmental Assessment, Kimley-Horn, 2016; Fehr & Peers, 2016.
In addition, in the EA, the volume of Project traffic assigned to the HOV lanes is higher than the currently
observed HOV percentage. In the PTA, the amount of Project traffic assigned to the HOV lanes would be
the same as the currently observed percentage. Thus the approach in the PTA likely results in fewer HOV
lane impacts.
IMPROVEMENT MEASURES
The VTCSP identifies Environmental Design Features (EDFs) to address transportation impacts identified in
the EA. These are discussed in more detail below.
INTERSECTION IMPROVEMENTS
Under the EA, six intersection improvements are proposed as part of the VTCSP and are presented in
Table 6. The preliminary intersection mitigation measures identified in the PTA are also presented in
Table 6. City of Cupertino’s General Plan Amendment, Housing Element Update, and Associated Rezoning
Draft EIR (June 2014) identified several intersection impacts and potential mitigation measures. Table 6
also identifies whether EDFs and preliminary improvements from the PTA are consistent with the General
Plan.
The VTCSP also identifies financial contributions to address potential transportation deficiencies including
traffic signal software, freeway segment improvements, and improvements to the Wolfe Road/ I-280
interchange, which are discussed in more detail in the following subsections.
Kristy Weis
June 28, 2016
Page 19 of 35
SIGNAL IMPROVEMENTS
To improve overall traffic operations along De Anza Boulevard (between I-280 and SR 85), Wolfe Road
(generally between El Camino Real and Stevens Creek Boulevard), select locations on Stevens Creek
Boulevard (Agilent Driveway and Perimeter Road) and the intersection of Tantau Avenue and Pruneridge
Avenue, the VTCSP identifies a $2M to $3M contribution toward new signal software and improved signal
coordination. It should be noted that as written in the VTCSP, the $2M to $3M contribution would not
come solely from the Town Center/Community Park applicant, but also other project applicants in the
area; although the other project applicants are not identified. Contributions toward signal software and
improved signal coordination would be based on the project’s fair share contribution necessary to
mitigate its portion of any impacts identified in the EIR, and may be negotiated further in the context of a
development agreement.
I-280/WOLFE ROAD INTERCHANGE
The VTCSP identifies payment of $26M towards the planned transportation improvements at the I-
280/Wolfe Road interchange. The total cost of the new interchange is preliminarily estimated at around
$70M to $80M. The VTCSP contribution equates to approximately 25 percent of the total cost. It should
be noted that contributions toward freeway interchange improvements are typically assessed to
determine the appropriate fair share contribution and finalized in consultation with the City and other
appropriate agencies. This improvement is part of the Traffic Mitigation Fee Program discussed below.
TRAFFIC MITIGATION FEE PROGRAM
The City of Cupertino’s General Plan Amendment, Housing Element Update, and Associated Rezoning Draft
EIR (June 2014) identified several intersection impacts. Under a standard EIR analysis, the Project would be
subject to the Traffic Impact Fee mitigation measures identified in the General Plan.
Consistent with General Plan Policy M-10.2 and General Plan EIR Mitigation Measure TRAF-1, the City
Public Works Department is currently undertaking the preparation of a nexus study and citywide traffic
mitigation fee program (TMFP) for consideration by the City Council. At this time, however, there is no
TMFP in place. If the City adopts a TMFP before a developer applies for building permits to develop the
Vallco Town Center Specific Plan area, the applicant would pay the amount of the fee applicable to the
project. Payment of the fee could either be required as a condition of project approval or issuance of
permits, or as a term of a development agreement, if one is entered.
The EA identifies several Environmental Design Features (EDFs) that would mitigate identified
transportation impacts. These EDFs include both physical improvements and monetary contributions.
Kristy Weis
June 28, 2016
Page 20 of 35
Because the Initiative also requires substantial contributions to some of the same traffic improvements
that may be included in the program of improvements funded by the TMFP, the developer’s contribution
under the future TMFP could be partially or fully offset by the contributions and improvements required
by the Initiative to the extent that the fees payable pursuant to the TMFP are intended to fund the same
improvements. If, on the other hand, the City has not adopted a TMFP before issuance of building
permits, the developer will still be required to contribute those funds and improvements described in the
Initiative, including, e.g., $30 million for freeway infrastructure, specifically the build-out of the roadway
improvements planned for North Wolfe Road and 1-280 overpass and interchange and future 1-280
freeway segment improvements, to address traffic congestion, as well as any other transportation
mitigation measures identified pursuant to CEQA review for subsequent approvals.
LAWRENCE EXPRESSWAY FACILITIES
The VTCSP identifies a fair share contribution toward planned transportation improvements at Lawrence
Expressway intersections with Homestead Road, Pruneridge Avenue, and Prospect Road. Because the fair
share calculation would be based on the number of trips added by the VTCSP and the EA had a lower trip
generation estimate than the PTA, the EA contribution would be lower than what would be required by
the City in the EIR. Under the EA, approximately three to five percent of the total background traffic along
Lawrence Expressway is VTCSP traffic. Under the PTA, approximately two to three percent of the total
background traffic along Lawrence Expressway is VTCSP traffic. However, the background volumes along
Lawrence Expressway are approximately 1,000 vehicles higher under the PTA compared to the EA.
Additionally, the PTA assessment identified potential transportation impacts at other locations on
Lawrence Expressway, including the southbound ramps at Stevens Creek Boulevard, Mitty Way, Bollinger
Road, Doyle Road, and Saratoga Avenue.
Kristy Weis
June 28, 2016
Page 21 of 35
TABLE 6: LIKELY EIR MITIGATIONS / PROPOSED EA IMPROVEMENTS FOR INTERSECTIONS
Intersection
Potential
TIF
Intersection1
PTA EA Mitigation
Included in
GP EIR
(PTA/EA) Impact Mitigation Impact Improvement City
Comments
Existing Conditions
12
De Anza
Boulevard /
McClellan Road
Yes
Yes
LOS E
V/C
incr.>0.01
Realign the current off-set
intersection and provide double
left-turn lanes on the northbound
and southbound De Anza
Boulevard with associated
receiving lanes (City of Cupertino
General Plan 2014).
No No Impact N/A Yes / N/A
55
Lawrence
Expressway /
Bollinger Road
No
Yes
LOS F
Delay
incr.>4s
Construct a third eastbound left-
turn lane and third westbound left-
turn lane (Santa Clara County Draft
Expressway Plan 2040).
No No Impact N/A No / N/A
Background Conditions
11
De Anza
Boulevard /
Stevens Creek
Boulevard
Yes No No Impact
Yes
LOS E+
to LOS E-
Provide eastbound right turn
and northbound right turn
overlap phases
Monitor operation to evaluate
need for extended westbound
left-turn pocket
City would not
support this
improvement.
N/A / No
12
De Anza
Boulevard /
McClellan Road
Yes
Yes
LOS E
V/C
incr.>0.01
Realign the current off-set
intersection and provide double
left-turn lanes on the northbound
and southbound De Anza
Boulevard with associated
receiving lanes (City of Cupertino
General Plan 2014).
Yes
LOS D to
LOS E
Provide an eastbound right turn
overlap phase.
City would not
support this
improvement.
Yes / No
Kristy Weis
June 28, 2016
Page 22 of 35
TABLE 6: LIKELY EIR MITIGATIONS / PROPOSED EA IMPROVEMENTS FOR INTERSECTIONS
Intersection
Potential
TIF
Intersection1
PTA EA Mitigation
Included in
GP EIR
(PTA/EA) Impact Mitigation Impact Improvement City
Comments
13
De Anza
Boulevard /
Bollinger Road
No No No Impact
Yes
LOS D to
LOS E
Provide a westbound right turn
overlap phase.
City would not
support this
improvement.
N/A / No
34
Wolfe Road /
Stevens Creek
Boulevard
Yes
Yes
LOS E
Delay
incr.>4s
Restripe westbound leg to provide
designated right-turn lane by
narrowing existing lanes (City of
Cupertino General Plan 2014).
Yes
LOS D to
LOS E
Add a second southbound left
turn lane.
Provide an overlap phase for the
southbound right turn and the
eastbound right turn OR pay
$250,000 in lieu traffic impact
fee.
City supports
this
improvement.
City would not
support this
improvement.
Yes / No
44
Tantau Avenue /
Stevens Creek
Boulevard
Yes
Yes
LOS E
Delay
incr.>4s
Construct an additional separate
left-turn lane on northbound
Tantau Avenue (City of Cupertino
General Plan 2014).
No No Impact N/A Yes / N/A
45
Stevens Creek
Boulevard /
Calvert Drive – I-
280 Ramps
Yes
Yes
LOS F
Delay
incr.>4s
Signal improvements No Implementation of new traffic
signal software
City supports
this
improvement
Yes / N/A
53
Lawrence
Expressway /
Calvert Drive – I-
280 Southbound
Ramp
No
Yes
LOS F
Delay
incr.>4s
Pay fair share contribution toward
an overpass from southbound
Lawrence Expressway to I-280
southbound on-ramp. (Santa Clara
County Draft Expressway Plan
2040).
No No Impact N/A No / N/A
Kristy Weis
June 28, 2016
Page 23 of 35
TABLE 6: LIKELY EIR MITIGATIONS / PROPOSED EA IMPROVEMENTS FOR INTERSECTIONS
Intersection
Potential
TIF
Intersection1
PTA EA Mitigation
Included in
GP EIR
(PTA/EA) Impact Mitigation Impact Improvement City
Comments
54
Lawrence
Expressway /
Mitty Way
No
Yes
LOS F
Delay
incr.>4s
Pay fair share contribution toward
the widening of Lawrence
Expressway between Moorpark
Avenue and I-280 Southbound
Ramps (Santa Clara County Draft
Expressway Plan 2040).
No No Impact N/A No / N/A
55
Lawrence
Expressway /
Bollinger Road
No
Yes
LOS F
Delay
incr.>4s
Construct a third eastbound left-
turn lane and third westbound left-
turn lane (Santa Clara County Draft
Expressway Plan 2040).
No No Impact N/A No / N/A
57
Lawrence
Expressway /
Prospect Road
No
Yes
LOS F
Delay
incr.>4s
Pay fair share contribution toward
a second eastbound left-turn lane
from Prospect Road to Lawrence
Expressway (Santa Clara County
Valley Transportation Plan 2040).
No No Impact N/A No / N/A
Cumulative Conditions
8
De Anza
Boulevard /
Homestead Road
No No No Impact
Yes
LOS D to
LOS E
Provide an eastbound right-turn
overlap phase.
City would not
support this
improvement.
N/A / No
11
De Anza
Boulevard /
Stevens Creek
Boulevard
Yes
Yes
LOS E+
to LOS F
Pay fair share contribution to the
addition of a separate westbound
right-turn lane from Stevens Creek
Boulevard to De Anza Boulevard
(City of Cupertino General Plan
2014).
Yes
LOS E to
LOS F
Provide eastbound right turn
and northbound right turn
overlap phases
Monitor operation to evaluate
need for extended westbound
left-turn pocket
City would not
support this
improvement.
Yes / No
Kristy Weis
June 28, 2016
Page 24 of 35
TABLE 6: LIKELY EIR MITIGATIONS / PROPOSED EA IMPROVEMENTS FOR INTERSECTIONS
Intersection
Potential
TIF
Intersection1
PTA EA Mitigation
Included in
GP EIR
(PTA/EA) Impact Mitigation Impact Improvement City
Comments
12
De Anza
Boulevard /
McClellan Road
Yes
Yes
LOS E
V/C
incr.>0.01
Same mitigation as identified
under Background Conditions.
(Realign the current off-set
intersection and provide double
left-turn lanes on the northbound
and southbound De Anza
Boulevard with associated
receiving lanes (City of Cupertino
General Plan 2014)).
Yes
LOS D to
LOS E
Provide an eastbound right turn
overlap phase.
City would not
support this
improvement.
N/A / No
13
De Anza
Boulevard /
Bollinger Road
No
Yes
LOS E
Delay
incr.>4s
No feasible improvement at this
location. (Significant and
Unavoidable)
Yes
LOS E
Delay
incr.>4s
Provide a westbound right turn
overlap phase.
City would not
support this
improvement.
N/A / No
34
Wolfe Road /
Stevens Creek
Boulevard
Yes
Yes
LOS F
Delay
incr.>4s
Same mitigation as identified
under Background Conditions.
(Restripe westbound leg to provide
designated right-turn lane by
narrowing existing lanes (City of
Cupertino General Plan 2014)).
Yes
LOS F
Delay
incr.>4s
Add a second southbound left
turn lane.
Provide an overlap phase for the
southbound right turn and the
eastbound right turn OR pay
$250,000 in lieu traffic impact
fee.
City supports
this
improvement.
City would not
support this
improvement.
Yes / No
37 Miller
Avenue/Bollinger No
Yes
LOS E
Delay
incr.>4s
Pay fair share contribution to
provide a dedicated right-turn lane
on southbound Miller Avenue.
No No Impact N/A No/No
Kristy Weis
June 28, 2016
Page 25 of 35
TABLE 6: LIKELY EIR MITIGATIONS / PROPOSED EA IMPROVEMENTS FOR INTERSECTIONS
Intersection
Potential
TIF
Intersection1
PTA EA Mitigation
Included in
GP EIR
(PTA/EA) Impact Mitigation Impact Improvement City
Comments
44
Tantau Avenue /
Stevens Creek
Boulevard
Yes
Yes
LOS D to
LOS E
Same mitigation as identified
under Background Conditions.
(Construct an additional left-turn
lane on northbound Tantau
Avenue (City of Cupertino General
Plan 2014)).
No No Impact N/A Yes / N/A
45
Stevens Creek
Boulevard /
Calvert Drive – I-
280 Ramps
Yes
Yes
LOS F
Delay
incr.>4s
Same mitigation as identified
under Background Conditions.
(Signal improvements.)
No Implementation of new traffic
signal software
City supports
this
improvement
Yes / N/A
48
Lawrence
Expressway
Southbound
Ramp / Stevens
Creek Boulevard
No
Yes
LOS E to
LOS F
Pay fair share contribution to the
addition of a second southbound
right-turn lane from the Lawrence
Expressway Ramp to Stevens Creek
Boulevard (City of Cupertino
General Plan 2014).
No No Impact N/A Yes / N/A
53
Lawrence
Expressway /
Calvert Drive – I-
280 Southbound
Ramp
No
Yes
LOS F
Delay
incr.>4s
Same mitigation as identified
under Background Conditions.
(Pay fair share contribution toward
an overpass from southbound
Lawrence Expressway to I-280
southbound on-ramp. (Santa Clara
County Draft Expressway Plan
2040)).
No No Impact N/A No / N/A
Kristy Weis
June 28, 2016
Page 26 of 35
TABLE 6: LIKELY EIR MITIGATIONS / PROPOSED EA IMPROVEMENTS FOR INTERSECTIONS
Intersection
Potential
TIF
Intersection1
PTA EA Mitigation
Included in
GP EIR
(PTA/EA) Impact Mitigation Impact Improvement City
Comments
54
Lawrence
Expressway /
Mitty Way
No
Yes
LOS F
Delay
incr.>4s
Same mitigation as identified
under Background Conditions.
(Pay fair share contribution toward
the widening of Lawrence
Expressway between Moorpark
Avenue and I-280 Southbound
Ramps (Santa Clara County Draft
Expressway Plan 2040)).
No No Impact N/A No / N/A
55
Lawrence
Expressway /
Bollinger Road
No
Yes
LOS F
Delay
incr.>4s
Same mitigation as identified
under Background Conditions.
(Construct a third eastbound left-
turn lane and third westbound left-
turn lane (Santa Clara County Draft
Expressway Plan 2040)).
No No Impact N/A No / N/A
56
Lawrence
Expressway /
Doyle Road
No
Yes
LOS F
Delay
incr.>4s
No feasible improvements at this
location. (Significant and
Unavoidable)
No No Impact N/A No / N/A
57
Lawrence
Expressway /
Prospect Road
No
Yes
LOS F
Delay
incr.>4s
Same mitigation as identified
under Background Conditions.
(Pay fair share contribution toward
a second eastbound left-turn lane
from Prospect Road to Lawrence
Expressway (Santa Clara County
Valley Transportation Plan 2040)).
No No Impact N/A No / N/A
Kristy Weis
June 28, 2016
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TABLE 6: LIKELY EIR MITIGATIONS / PROPOSED EA IMPROVEMENTS FOR INTERSECTIONS
Intersection
Potential
TIF
Intersection1
PTA EA Mitigation
Included in
GP EIR
(PTA/EA) Impact Mitigation Impact Improvement City
Comments
58
Lawrence
Expressway /
Saratoga Avenue
No
Yes
LOS F
Delay
incr.>4s
Pay fair share contribution toward
a second eastbound left-turn lane
from northbound Saratoga Avenue
to northbound Lawrence
Expressway (Santa Clara County
Draft Expressway Plan 2040).
No No Impact N/A No / N/A
60
SR 85
Northbound
Ramps /
Saratoga Avenue
Yes
LOS D
Delay
incr.>4s
Pay fair share contribution toward
reconfiguring the northbound off-
ramp approach to include two left-
turn lanes and two right-turn lanes
(Fehr & Peers 2015).
No No Impact N/A No / N/A
Notes:
1. TIF intersections are those that are currently identified in the General Plan EIR as locations that would be included in the City’s pending Traffic Mitigation Fee Program.
Source: Vallco Town Center Specific Plan Environmental Assessment, Kimley-Horn, 2016; Fehr & Peers, 2016.
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June 28, 2016
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FREEWAY IMPROVEMENTS
For the potential freeway impacts identified in the EA, the VTCSP proposes to pay a contribution
of $4M towards planned transportation improvements identified in VTA’s Valley Transportation
Plan 2040 that would benefit the affected freeway segments. The PTA had not identified the
Project’s traffic contribution to the impacted freeway segments to assess the potential magnitude
of a fair share financial contribution. Although it should be noted that contributions to the VTA
for freeway impacts are voluntary and the amounts are typically finalized in consultation with the
City and other appropriate agencies. Overall, the City of Cupertino would request that the freeway
fair share contribution be allocated to the I-280/Wolfe Road interchange, discussed below. Table
7 summarizes the impacted freeway segments for both the PTA and the EA, along with the
proposed mitigations that would be required under the PTA or are proposed as part of the EA.
TRANSPORTATION DEMAND MANAGEMENT
The VTCSP includes a detailed TDM Plan for the office components with a required vehicle trip
reduction of 30 percent below estimates using ITE’s Office (ITE 710) trip generation rates. The Plan
does not include trip reduction targets for the residential or commercial components.
The TDM Plan includes appointment of a TDM manager to implement and monitor the TDM Plan
through annual driveway counts. The TDM Plan contains specific measures that could be
implemented, along with a monitoring plan and penalty system, if goals are not achieved.
The 30 percent trip reduction is applied to estimates based on ITE rates and not the Silicon Valley
office rates used to estimate the office trip generation in both the EA and PTA. The Silicon Valley
office rates already account for a 17 percent AM peak hour and 19 percent PM peak hour TDM
reduction. Thus the TDM Plan proposes to further reduce project trips by only an additional 13
and 11 percentage points for the AM and PM peak hours, respectively.
The TDM Plan is similar to what the City adopted as part of the Apple Campus 2 project and
includes annual monitoring for the first ten years. If in the last three years the targets are met,
then the frequency of monitoring is reduced to every two years. If TDM goals are not met while
biennial monitoring is being conducted, the monitoring frequency reverts back to an annual basis.
One difference is that the proposed monitoring starts one year after occupancy, while Apple is
required to start monitoring 6 months after occupancy.
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June 28, 2016
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TABLE 7: LIKELY EIR MITIGATIONS / PROPOSED EA IMPROVEMENTS FOR FREEWAY SEGMENTS
Freeway
Segment
PTA EA
Segments
Studied
Segments
Impacted Mitigation Segments
Studied
Segments
Impacted Improvement
Existing Conditions
SR 17 2 2 Pay a contribution to freeway
improvements as negotiated with VTA. 7 0 No impacts.
SR 85 9 5 Pay a contribution to freeway
improvements as negotiated with VTA. 19 14 $4 million toward freeway improvements along I-
280 and other freeways.
SR 237 0 0 No impacts 12 0 No impacts.
I-280 15 10 Pay a contribution to freeway
improvements as negotiated with VTA. 18 16
$4 million toward freeway improvements along I-
280 (and other freeways) and $26 million toward
Wolfe Road/I-280 interchange improvements.
I-880 4 3 Pay a contribution to freeway
improvements as negotiated with VTA. 12 0 No impacts.
Cumulative Conditions
SR 17 2 2 Pay a contribution to freeway
improvements as negotiated with VTA. 7 3 $4 million toward freeway improvements along I-
280 and other freeways.
SR 85 9 9 Pay a contribution to freeway
improvements as negotiated with VTA. 19 18 $4 million toward freeway improvements along I-
280 and other freeways.
SR 237 0 0 No impacts 12 0 No impacts.
I-280 15 15 Pay a contribution to freeway
improvements as negotiated with VTA. 18 18
$4 million toward freeway improvements along I-
280 (and other freeways) and $26 million toward
Wolfe Road/I-280 interchange improvements.
I-880 4 4 Pay a contribution to freeway
improvements as negotiated with VTA. 12 0 No impacts.
Source: Vallco Town Center Specific Plan Environmental Assessment, Kimley-Horn, 2016; Fehr & Peers, 2016.
Kristy Weis
June 28, 2016
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The penalty fee is $5 per trip, which is the same as required by Apple; however the VTCSP TDM Plan
proposes that this penalty is paid every three months until the next monitoring period (i.e., four payments
annually). This is not required by Apple.
Some other differences from the Apple Campus 2 TDM Plan is that the VTCSP TDM Plan includes a
provision that if the targets are not met and the TDM measures are increased/modified with the goal of
meeting the TDM targets, then the penalty would be reduced to $3 per trip. The revised Plan would
require City approval. Additionally, since the office component of the VTCSP will not necessarily be
occupied by one company and may have multiple tenants, the TDM Plan includes provisions that the new
tenants can amend the TDM Plan per City approval.
Overall, the TDM Plan as outlined in the VTCSP is consistent with past practices in the City of Cupertino.
One exception is that the TDM Plan states that if the City and future office development applicants cannot
reach an agreement on a revised TDM Plan that that penalty shall accrue at a rate of $3 per trip per
weekday. With no agreement, the City would typically require the penalty to revert back to the original $5
per trip fee.
In terms of implementation of the TDM Plan it is not clear how the office trip generation will be
monitored separately from the remaining VTCSP uses. The offices uses do not have exclusive parking
areas with driveways that are discrete from the remaining uses of the VTCSP. Thus any driveway counts
would include all uses on the site and it would be difficult to determine trips generated by the office uses
alone and whether the TDM goals are being met.
Overall, the TDM Plan would further reduce the trips generated by the Project as compared what was
analyzed in the EA and PTA. Thus level of impacts identified in the EA would be further reduced.
TRANSIT EVALUATION
Under the EA, transit ridership was estimated to be approximately 260 peak hour transit riders based on
the mixed-use trip generation analysis. Under the EIR, the number of transit riders would be estimated by
using the mixed-use trip generation analysis and by taking into account the transit ridership incorporated
into the Silicon Valley office trip generation rates. This would most likely result in a higher number of
transit riders associated with the Project that may or may not produce transit capacity impacts.
The EA calculates transit delay based on the average speed for each route throughout the study area
under Background and Background with Project Conditions. The EA specifies that an impact would result
when the average speed reduces by one mph or more when under Background Conditions the average
speed is below 15 mph. When the speed is greater than 15 mph under Background Condition, an impact
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June 28, 2016
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would result when the speed reduces to below 15 mph, or if the Project results in a 25 percent reduction
in the average speed. The City of Cupertino and VTA do not have a specified significance threshold for
transit delay; although it is not uncommon for the lead agency to develop impact thresholds for
evaluation purposes. Based on the threshold established in the EA, the VTCSP would have no transit delay
impacts.
The EIR would have completed a transit delay analysis under Existing, Background, and Cumulative and all
With Project Conditions to determine the amount of additional delay along each route throughout the
study area. Therefore, the EIR would have evaluated the potential transit delay increases under multiple
analysis scenarios and relied on the City to work closely with VTA to determine the need for
improvements related to potential in transit delay impacts.
The VTCSP includes the following transit improvements, which would be implemented by the VTCSP and
other developments, to the extent not already constructed or funded by other existing commitments:
Public transit center on the east side of the Specific Plan Area to serve office workers
Public transit center as part of the Mobility Hub on the north side of Stevens Creek Boulevard
In general these improvements seem reasonable and the VTCSP would need good access to transit to
achieve its trip reduction goals. The City would negotiate with VTA transit improvements to be included as
part of the Project during its planning and design stage to ensure that they are consistent with VTA’s
long-terms plans and needs. Thus without confirmation with VTA the adequacy of the proposed transit
improvements cannot be determined.
BICYCLE AND PEDESTRIAN EVALUATION
According to the 2014 update to the VTA TIA Guidelines, a bicycle and pedestrian quality of service
evaluation should be included as part of the EIR process. Therefore, the EIR would have evaluated the
bicycle and pedestrian Quality of Service at all intersections where there is a proposed geometric change
(including likely EIR mitigation measures). The evaluation would be completed using one of the Quality of
Service methods provided within the VTA TIA Guidelines. A qualitative assessment of the current and
proposed bicycle and pedestrian infrastructure would have been provided in accordance with City of
Cupertino’s May 2011 Bicycle Transportation Plan (the City is in the process of updating their Bicycle Plan
with an anticipated release date of June 2016), City of Cupertino’s April 2002 Pedestrian Transportation
Guidelines, and the 2008 Santa Clara Countywide Bicycle Plan (the Countywide Bicycle Plan is currently
being updated by VTA with an anticipated release date of Spring 2017) .
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June 28, 2016
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Under the EA, the current and proposed bicycle and pedestrian infrastructure is described for the
proposed site, but there is no Quality of Service evaluation that would be included under the EIR.
The VTCSP includes the following bicycle and pedestrian improvements, to the extent not already
constructed or funded by other existing commitments:
Green color backed sharrows on Tantau Avenue between Stevens Creek Boulevard and Bollinger
Road
o Sharrows are already included on this segment of Tantau Avenue and the City would likely
not require them to be modified to green color backed sharrows.
Marked bike loop-detectors on southbound Portal Avenue at its intersection with Stevens Creek
Boulevard.
o This improvement would likely be required by the City as part of the EIR process.
Convert all-way stop-control to a two-way stop control at the Portal Avenue/Wheaton Drive
intersection, with stops on Wheaton Drive.
o The City would likely not require this improvement as part of the VTCSP.
Green color backed sharrows on Portal Avenue between Stevens Creek Boulevard and Wheaton
Drive.
o The City would likely require sharrows on this segment of Portal Avenue, though green
backing would not be required.
Ladder style crosswalk at Amherst Drive/Portal Avenue intersection.
o The City would likely require this improvement as part of the VTCSP.
“Neighborhood Greenway” signage on Portal Avenue.
o The City would likely require this improvement as part of the VTCSP.
Provide $6M cash donation to analyze and construct a 2-mile bicycle/pedestrian trail along the
southern edge of I-280 between De Anza Boulevard and Wolfe Road
o The City would likely require this improvement as part of the VTCSP.
In addition to the measures outlined above, the City would likely require additional improvements, such as
green or buffered lanes on Wolfe Road, Class IV protected bike lanes on Stevens Creek Boulevard, and
removal of pork chop islands at the Stevens Creek Boulevard/Wolfe Road intersection. Additionally, the
City would require enhanced pedestrian crossings at the Stevens Creek Boulevard intersections at
Perimeter Road and Wolfe Road, as well as the Vallco Parkway intersections at Wolfe Road and Perimeter
Road. The Specific Plan requires a developer to “construct and/or fund additional improvements to
pedestrian and bike trail(s) throughout the Plan Area, including along the entirety of the existing
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June 28, 2016
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Perimeter road, and in the Plan Area vicinity to improve Safe Routes to Schools and address both bike and
pedestrian safety and traffic concerns.” (C-90.) Therefore, the Specific Plan contemplates that additional
measures, like those the City would typically require, are required community benefits.
PARKING
The VTCSP discusses both proposed vehicle and bicycle parking.
VEHICLE PARKING
In the VTCSP, vehicle parking within the plan area was designed to: a) meet the needs of site while
avoiding spillover into adjacent neighborhoods, and b) to limit excess parking supply to support the trip
reduction goals of the Project. A major component of the VTCSP’s parking supply recommendations are
based on the mixed-use nature of the site. The VTCSP includes a total of 9,060 parking spaces.3
The City of Cupertino’ Municipal Code section 19.124.040 provides minimum parking requirements for
mixed-use developments. The EA calculates the parking supply for the plan area by first calculating the
parking supply requirements separately for each land use as set forth in the City of Cupertino’s Municipal
Code. Then it applies the Municipal Code’s weekday PM peak hour shared use parking reductions to the
City’s standard for each separate land use resulting in a parking requirement of 11,215 spaces. This
number is further reduced by the 21 percent mixed-use trip reduction factor calculated as part of trip
generation, resulting in a parking requirement of 8,860 spaces. The EA concludes that the proposed
parking supply of 9,060 spaces exceeds the parking supply by 200 spaces.4
The 21 percent reduction used in the EA is based on the MXD reduction for daily trips used within the trip
generation calculation. Although trip generation and parking are linked, it is not standard engineering
practice to apply vehicle trip reductions to estimate parking supply reductions. Additionally, the EA
minimum parking requirements double counts the mixed use reductions as follows: (1) once using the
Municipal Code’s shared parking reductions; and (2) again using the 21 percent MXD reduction.
Under the PTA, the City’s shared parking calculations for mixed-use developments established in the
Municipal Code would result in a parking requirement of 10,413 parking spaces. It would be
3 Under the Specific Plan, this number may be increased or decreased by 5% (450 stalls) without approval of the
Community Development Director. It further contemplates that parking beyond the 5% deviation can be granted by
the Community Development Director with “justification for the adjustment being sought.”
4 There is an error in the parking supply calculation as presented in the EA. Based on the information presented in
Table 17-17 the parking supply requirement for the Retail component would be 1,540 spaces and not 1,440 spaces
(640 ksf x 4 spaces/ksf = 2,560 spaces; 2,560 spaces x 60% = 1,540). This would change total parking requirement to
11,315 or 8,939 spaces after applying the MXD reduction.
Kristy Weis
June 28, 2016
Page 34 of 35
recommended as part of the EIR that a parking study be conducted to determine the demand for the
project. The study could also review sources such as ULI that provide shared parking models. Overall, the
EA’s conclusions for parking are not consistent with City practices.
BICYCLE PARKING
As presented in the EA, the City of Cupertino has the following bicycle parking requirements, presented in
Table 8, which are consistent with what is presented in the City of Cupertino’s Municipal Code.
TABLE 8: CITY OF CUPERTINO BICYCLE PARKING REQUIREMENTS
Land Use Bicycle Space Rate Requirement Approximate Bicycle Space
Requirement
High Density Multiple-Family One Class I space for every 0.4
dwelling unit 640 – Class I
Office (Corporate/Administrative/General Multi-
Tenant)
One Class I facility for every 0.05
automobile parking space 382 – Class I
Commercial One Class II facility for every 0.05
automobile parking space 128 – Class II
Source: City of Cupertino Municipal Code (Section 19.124.040).
Applying the rates outlined in Table 8, the Project would be required to provide 1,022 Class I parking
spaces (640 + 382) and 128 Class II parking spaces. Class I bicycle parking spaces are usually enclosed and
are intended for long-term parking, while Class II bicycle parking is more intended for short-term parking
and typically includes bike racks.
The EA determined the bicycle parking requirements based on the vehicle parking supply numbers that
were reduced for shared parking and mixed use. This resulted in a recommended bicycle supply of 487
Class I facilities and 81 Class II facilities. Although not specified in the Municipal Code, the City typically
applies the bicycle parking supply rates to the gross parking supply numbers. Thus the bicycle parking
supply calculations presented in the EA are not consistent with City practices.
NEIGHBORHOOD INTRUSION
The VTCSP includes a $300,000 fund for neighborhood traffic/parking monitoring and for construction of
any necessary neighborhood protection measures to ensure there will be no Project parking spill-over or
cut through traffic in the adjacent neighborhoods. As part of the environmental review process, the City
would require a similar fee to monitor and implement any improvements related to neighborhood
intrusion. Apple Campus 2 was required to set aside a $250,000 fund for monitoring within Santa Clara
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June 28, 2016
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and $500,000 within Sunnyvale. Overall the $300,000 fund is reasonable, although the City could require a
fund up to approximately $500,000 to monitor traffic and parking intrusion in the surrounding
neighborhoods based on Apple Campus 2.
VEHICLE MILES TRAVELED (VMT)
As part of the EIR, an estimate of vehicle miles traveled (VMT) would have been calculated. VMT estimates
would have been produced using the MainStreet trip generation tool referenced above for use in the trip
generation estimates. Based on this web-based tool, the Project will generate an estimated 321,930 VMT.
Using rough estimates of the service population and VMT characteristics, this translates to approximately
29.0 VMT per service population. The existing land uses on the site (at 62 percent occupancy) generate
approximately 62.2 VMT per service population (102,870 VMT). Thus, although the total VMT would
increase due to the redevelopment of the site; the VMT per service population would decrease.
ATTACHMENT
DETAILED EXPLANATIONS FOR DIFFERENCES IN PROJECT INTERSECTION
IMPACTS AND CUMULATIVE INTERSECTION IMPACTS
BACKGROUND CONDITIONS
Detailed technical explanations for the differences in Project intersection impacts identified in the EA and
in the PTA are presented below. The primary explanation is volume differences caused by different trip
assignments for other approved development projects and due to differences in the amount of Project
traffic. These volume differences contribute to the different delay estimates and ultimately different
Project impacts.
Intersection with Project Impacts in the EA and not the PTA
There was one intersection where a potential intersection impact was identified in the EA that was not
identified in the PTA.
Intersection #13 De Anza Boulevard / Bollinger Road:
o For the PTA, intersection level of service calculation factors for CMP intersections were taken
from the VTA 2014 CMP Traffix network. The arrival type provided in the CMP Traffix network
is different than what was used for the EA. The EA’s approach is not consistent with what the
City would do for an EIR; however, Fehr & Peers did not test if the application of the
appropriate arrival type in combination with the EA’s volumes would result in a significant
impact.
Intersections with Project Impacts Identified in the PTA but not the EA
There were seven intersections where an impact was identified in the PTA that were not identified in the
EA:
Intersection #44 Stevens Creek Boulevard / Tantau Avenue:
o The primary reason for the impact difference is the differences in trip assignments for
approved development projects and the amount of added Project traffic.
Intersection #45 Stevens Creek Boulevard / Calvert Drive-I-280 Ramps (east):
o Differences in cycle length used in the EA and the PTA of 160 and 100 seconds, respectively,
result in slight differences in delay. The PTA used a 100-second cycle length to match the
value used in the Apple Campus 2 TIA. Using a cycle length from previous project is
considered consistent with what the City practice for an EIR, however, it is also acceptable to
use field observed cycle lengths as well. If the 160 seconds shown in the EA was observed in
the field, then it would be considered consistent with City practices.
o Under the EA, the westbound left-turn movement has a minimum green time of 7 seconds
under Background Conditions and 23 seconds under Background with Project Conditions.
This is most likely a coding error. Fehr & Peers did not test if the application of the correct
green time in combination with the EA’s volumes would result in a significant impact.
Intersection #53 Lawrence Expressway / I-280 Southbound Ramps:
o The arrival type provided in the CMP Traffix network is different than what was used in the
level of service calculation for the EA. The EA’s approach is not consistent with City practice.
Fehr & Peers did not test if the application of the appropriate arrival type in combination with
the EA’s volumes would result in a significant impact.
Intersection #54 Lawrence Expressway / Mitty Way:
o The primary reason is the differences in trip assignments for approved projects and the
amount of added Project traffic.
Intersection #55 Lawrence Expressway / Bollinger Road:
o Under the EA, the northbound left-turn and southbound through/right-turn movements have
different minimum green times for Background with Project Conditions compared to
Background No Project Conditions. This is most likely a coding error. Fehr & Peers did not
test if the application of the correct green times in combination with the EA’s volumes would
result in a significant impact.
o The arrival type in the CMP Traffix network is different than what was used in the level of
service calculation for the EA. The EA’s approach is not consistent with City practice. Fehr &
Peers did not test if the application of the appropriate arrival type in combination with the
EA’s volumes would result in a significant impact
Intersection #57 Lawrence Expressway / Prospect Road:
o Under the EA, the northbound through/right-turn movement has a different minimum green
time for Background with Project Conditions compared to Background Conditions. This is
most likely a coding error. Fehr & Peers did not test if the application of the correct green
times in combination with the EA’s volumes would result in a significant impact
CUMULATIVE CONDITIONS
The differences in number of intersection impacts identified in the EA and in the PTA for Cumulative
Conditions are presented below. Due to the differences between the EA and the PTA in trip assignments
for other approved development projects, for pending development projects, and in the amount of added
Project traffic, there are volume differences at the study intersections between the EA and the PTA. These
volume difference contribute to different delay estimates and ultimately different impacts.
Intersections with Cumulative Impacts in the EA and not the PTA
There was one intersection where a potential intersection impact was identified in the EA but not in the
PTA.
Intersection #8 De Anza Boulevard / Homestead Road:
o The arrival type used in the level of service calculation provided in the CMP Traffix network is
different than what was used for the EA. The EA’s approach is not consistent with City
practice. Fehr & Peers did not test whether the application of the appropriate arrival type, in
combination with the EA’s volumes, would result change the identified impact.
Intersections with Cumulative Impacts Identified in the PTA but not the EA
There were eleven intersections where a Cumulative impact was identified in the PTA but not in the EA,
including the six of the intersections with Project impacts. The explanations for the six intersections with
Project impacts hold true for Cumulative Conditions.
Intersection #37 Miller Avenue / Bollinger Road:
o The primary reasons for the impact difference are the trip assignments for approved/pending
development projects and the amount of added Project traffic.
Intersection #48 Stevens Creek Boulevard / Lawrence Expressway Ramps (west):
o The differences in cycle length used in the EA and PTA of 160 and 120 seconds, respectively,
result in slight differences in delay. The PTA used 120 second cycle length to match the Apple
Campus 2 TIA. Using a cycle length from previous project is considered consistent City
practice; however, it is also acceptable to use field observed cycle length. If the 160 seconds
shown in the EA was observed in the field, then it would be considered consistent with City
practice.
o The EA assumed a minimum green time of 20 seconds for the southbound approach and 100
seconds for the eastbound and westbound approaches during the AM peak hour. This is most
likely a coding error. Fehr & Peers did not test if the application of the correct green time in
combination with the EA’s volumes would result in a significant impact.
Intersection #56 Lawrence Expressway / Doyle Road:
o The primary reasons for the impact difference are the differences in trip assignments for
approved/pending development projects and in the amount of added Project traffic.
Intersection #58 Lawrence Expressway / Saratoga Avenue:
o The eastbound left-turn and right-turn, and the westbound right-turn movements have a
large difference in trip assignment from approved/pending projects between the EA and PTA.
Without a detailed review of the trip assignments, it is difficult to determine whether t he EA’s
analysis results are consistent City practices.
Intersection #60 SR 85 (North) / Saratoga Avenue:
o The differences in cycle length used in the EA and PTA of 100 and 120 seconds, respectively,
result in slight differences in delay. The PTA used 120 second cycle length to match the Apple
Campus 2 TIA. A cycle length from previous project is considered consistent with City
practice. However, it is also acceptable to use field observed cycle lengths. If the 100 seconds
shown in the EA was observed in the field, then it would be considered consistent with City
practice.
Vallco Town Center Freeway Impact Comparison
TABLE 1: EXISTING WITH PROJECT FREEWAY IMPACTS
Beginning Segment End Segment Peak
Hour
Preliminary Traffic
Assessment (PTA)
Environmental Assessment
(EA)
NB/EB
Direction1
SB/WB
Direction1
NB/EB
Direction1
SB/WB
Direction1
SR 17
Summit Rd Bear Creek Rd AM
PM N/A N/A - / -
- / -
- / -
- / -
Bear Creek Rd Saratoga AM
PM N/A N/A - / -
- / -
- / -
- / -
Saratoga Lark Ave AM
PM
- / -
- / -
- / -
X / -
- / -
- / -
- / -
- / -
Lark Ave SR 85 AM
PM
- / -
- / -
- / -
X / -
- / -
- / -
- / -
- / -
SR 85 San Tomas Expwy
/ Camden Ave
AM
PM N/A N/A - / -
- / -
- / -
- / -
San Tomas Expwy
/Camden Ave Hamilton Ave AM
PM N/A N/A - / -
- / -
- / -
- / -
Hamilton Ave I-280 AM
PM N/A N/A - / -
- / -
- / -
- / -
SR 85
US 101 Cottle Rd AM
PM N/A N/A - / -
- / -
- / -
- / -
Cottle Rd Blossom Hill Rd AM
PM N/A N/A - / -
- / -
- / -
- / -
Blossom Hill Rd SR 87 AM
PM N/A N/A X / X
- / -
- / -
- / -
SR 87 Almaden Expwy AM
PM N/A N/A X / X
- / -
- / -
- / -
Almaden Expwy Camden Ave AM
PM N/A N/A X / X
- / -
- / -
- / -
Camden Ave Union Ave AM
PM N/A N/A X / -
- / -
- / -
- / -
Union Ave S. Bascom Ave AM
PM
- / -
- / -
- / -
X / -
X / X
- / -
- / -
X / -
S. Bascom Ave SR 17 AM
PM
- / -
- / -
- / -
X / -
X / X
- / -
- / -
X / -
SR 17 Winchester Blvd AM
PM
X / -
- / -
- / -
- / -
X / X
- / -
- / -
- / -
Winchester Blvd Saratoga Ave AM
PM
X / -
- / -
- / -
- / -
X / -
- / -
- / -
- / -
Saratoga Ave Saratoga-
Sunnyvale Rd
AM
PM
- / -
- / -
- / -
X / -
- / -
- / -
- / -
X / -
Saratoga-Sunnyvale
Rd
Stevens Creek
Blvd
AM
PM
- / -
- / -
- / -
- / -
- / -
- / -
- / -
- / -
Stevens Creek Blvd I-280 AM
PM
- / -
- / -
- / -
- / -
X / -
- / -
- / -
X / -
I-280 W. Homestead Rd AM
PM
- / -
- / -
- / -
- / -
X / -
- / -
- / -
- / -
W. Homestead Rd W. Fremont Ave AM
PM
- / -
- / -
- / -
- / -
- / X
- / -
- / -
- / -
W. Fremont Ave El Camino Real AM N/A N/A - / X - / -
TABLE 1: EXISTING WITH PROJECT FREEWAY IMPACTS
Beginning Segment End Segment Peak
Hour
Preliminary Traffic
Assessment (PTA)
Environmental Assessment
(EA)
NB/EB
Direction1
SB/WB
Direction1
NB/EB
Direction1
SB/WB
Direction1
PM - / - - / -
El Camino Real SR 237 AM
PM N/A N/A - / -
- / -
- / -
- / X
SR 237 Central Expwy AM
PM N/A N/A - / -
- / -
- / -
- / -
Central Expwy US 101 AM
PM N/A N/A - / -
- / -
- / -
- / -
SR 237
El Camino Real SR 85 AM
PM N/A N/A - / -
- / -
- / -
- / -
SR 85 Central Pkwy AM
PM N/A N/A - / -
- / -
- / -
- / -
Central Pkwy Maude Ave AM
PM N/A N/A - / -
- / -
- / -
- / -
Maude Ave US 101 AM
PM N/A N/A - / -
- / -
- / -
- / -
US 101 Mathilda Ave AM
PM N/A N/A - / -
- / -
- / -
- / -
Mathilda Ave N. Fair Oaks Ave AM
PM N/A N/A - / -
- / -
- / -
- / -
N. Fair Oaks Ave Lawrence Expwy AM
PM N/A N/A - / -
- / -
- / -
- / -
Lawrence Expwy Great America
Pkwy
AM
PM N/A N/A - / -
- / -
- / -
- / -
Great America Pkwy N. First St AM
PM N/A N/A - / -
- / -
- / -
- / -
N. First St Zanker Rd AM
PM N/A N/A - / -
- / -
- / -
- / -
Zanker Rd McCarthy Blvd AM
PM N/A N/A - / -
- / -
- / -
- / -
McCarthy Blvd I-880 AM
PM N/A N/A - / -
- / -
- / -
- / -
I-280
Alpine Rd Page Mill Rd AM
PM
- / -
- / -
- / -
- / -
- / -
- / -
- / -
- / -
Page Mill Rd La Barranca Rd AM
PM
- / -
- / -
- / -
- / -
- / -
- / -
- / -
X / -
La Barranca Rd El Monte Rd AM
PM
- / -
- / -
- / -
- / -
- / -
- / -
- / -
X / -
El Monte Rd Magdalena Ave AM
PM
- / -
- / -
- / -
- / -
- / -
- / -
- / -
X / -
Magdalena Ave Foothill Expwy AM
PM
- / -
- / -
- / -
- / -
- / -
- / -
- / -
- / -
Foothill Expwy SR 85 AM
PM
- / -
- / -
X / -
- / -
X / -
- / -
- / -
- / -
SR 85 De Anza Blvd AM
PM
- / -
X / -
X / -
- / -
X / -
- / -
- / -
X / -
TABLE 1: EXISTING WITH PROJECT FREEWAY IMPACTS
Beginning Segment End Segment Peak
Hour
Preliminary Traffic
Assessment (PTA)
Environmental Assessment
(EA)
NB/EB
Direction1
SB/WB
Direction1
NB/EB
Direction1
SB/WB
Direction1
De Anza Blvd Wolfe Rd AM
PM
- / -
X / -
X / -
- / -
X / -
- / -
- / -
X / -
Wolfe Rd Lawrence Expwy AM
PM
- / -
X / -
X / -
- / -
X / -
- / -
- / -
X / -
Lawrence Expwy Saratoga Ave AM
PM
- / -
X / -
X / X
- / -
X / X
- / -
- / -
X / -
Saratoga Ave Winchester Blvd AM
PM
- / -
X / -
X / -
- / -
X / -
- / -
- / -
X / -
Winchester Blvd I-880 AM
PM
- / -
X / X
X / X
X / -
X / X
X / -
- / -
X / X
I-880 Meridian Ave AM
PM
- / -
X / X
X / X
- / -
X / X
- / -
- / -
X / X
Meridian Ave Bird Ave AM
PM
- / -
X / -
X / -
- / -
X / -
- / -
- / -
X / -
Bird Ave SR 87 AM
PM
- / -
X / -
X / -
- / -
X / -
- / -
- / -
X / -
SR 87 10th St AM
PM N/A N/A X / -
- / -
- / -
X / -
10th St McLaughlin Ave AM
PM N/A N/A X / -
- / -
- / -
- / -
McLaughlin Ave US 101 AM
PM N/A N/A X / -
- / -
- / -
- / -
I-880
I-280 Stevens Creek
Blvd
AM
PM
- / -
- / -
- / -
- / -
- / -
- / -
- / -
- / -
Stevens Creek Blvd N. Bascom Ave AM
PM
- / -
X / -
- / -
- / -
- / -
- / -
- / -
- / -
N. Bascom Ave The Alameda AM
PM
- / -
X / -
- / -
- / -
- / -
- / -
- / -
- / -
The Alameda Coleman Ave AM
PM
- / -
X / -
- / -
- / -
- / -
- / -
- / -
- / -
Coleman Ave SR 87 AM
PM N/A N/A - / -
- / -
- / -
- / -
SR 87 N. 1st St AM
PM N/A N/A - / -
- / -
- / -
- / -
N. 1st St US 101 AM
PM N/A N/A - / -
- / -
- / -
- / -
US 101 E. Brokaw Rd AM
PM N/A N/A - / -
- / -
- / -
- / -
E. Brokaw Rd Montague Expwy AM
PM N/A N/A - / -
- / -
- / -
- / -
Montague Expwy Great Mall Pkwy AM
PM N/A N/A - / -
- / -
- / -
- / -
Great Mall Pkwy SR 237 AM
PM N/A N/A - / -
- / -
- / -
- / -
SR 237 Dixon Landing Rd AM
PM N/A N/A - / -
- / -
- / -
- / -
Notes:
“X” = Project contributes greater than one percent of the segment capacity on a segment already operating at LOS F.
“-“ = No Project impact
“N/A” = freeway segment was not evaluated
1. “- / -“ = Mixed-flow Lane Impact / HOV Lane Impact
Source: Vallco Town Center Specific Plan Environmental Assessment, Kimley-Horn, 2016; Fehr & Peers, 2016.
TABLE 2: CUMULATIVE WITH PROJECT FREEWAY IMPACTS
Beginning Segment End Segment Peak
Hour
Preliminary Traffic
Assessment (PTA)
Environmental Assessment
(EA)
NB/EB
Direction1
SB/WB
Direction1
NB/EB
Direction1
SB/WB
Direction1
SR 17
Summit Rd Bear Creek Rd AM
PM N/A N/A - / -
- / -
- / -
- / -
Bear Creek Rd Saratoga AM
PM N/A N/A - / -
- / -
- / -
- / -
Saratoga Lark Ave AM
PM
X / -
- / -
X / -
X / -
X / -
- / -
- / -
- / -
Lark Ave SR 85 AM
PM
X / -
- / -
- / -
- / -
X / -
- / -
- / -
- / -
SR 85 San Tomas Expwy
/ Camden Ave
AM
PM N/A N/A - / -
- / -
- / -
- / -
San Tomas Expwy
/Camden Ave Hamilton Ave AM
PM N/A N/A - / -
- / -
- / -
- / -
Hamilton Ave I-280 AM
PM N/A N/A X / -
- / -
- / -
- / -
SR 85
US 101 Cottle Rd AM
PM N/A N/A - / -
- / -
- / -
X / -
Cottle Rd Blossom Hill Rd AM
PM N/A N/A - / -
- / -
- / -
X / -
Blossom Hill Rd SR 87 AM
PM N/A N/A X / -
- / -
- / -
X / X
SR 87 Almaden Expwy AM
PM N/A N/A X / -
- / -
- / -
X / -
Almaden Expwy Camden Ave AM
PM N/A N/A X / X
X / -
- / -
X / X
Camden Ave Union Ave AM
PM N/A N/A X / X
X / -
X / -
X / X
Union Ave S. Bascom Ave AM
PM
X / X
X / -
X / -
X / -
X / X
X / -
X / -
X / X
S. Bascom Ave SR 17 AM
PM
X / X
- / -
- / -
X / -
X / -
X / -
- / -
X / -
SR 17 Winchester Blvd AM
PM
X / X
- / -
X / -
X / -
X / -
X / -
X / -
X / X
Winchester Blvd Saratoga Ave AM
PM
X / -
X / -
X / -
X / -
X / X
X / -
X / -
X / X
Saratoga Ave Saratoga-
Sunnyvale Rd
AM
PM
X / -
X / -
X / -
X / -
X / X
X / -
X / -
X / X
Saratoga-Sunnyvale
Rd
Stevens Creek
Blvd
AM
PM
X / -
X / -
X / -
X / -
- / -
- / -
- / -
- / -
Stevens Creek Blvd I-280 AM
PM
X / -
X / -
X / -
X / -
X / -
- / -
X / -
X / -
I-280 W. Homestead Rd AM
PM
X / X
- / -
X / -
X / -
X / -
- / -
- / -
- / -
W. Homestead Rd W. Fremont Ave AM
PM
X / X
X / -
X / -
X / -
X / -
X / -
X / -
X / X
W. Fremont Ave El Camino Real AM N/A N/A X / - X / -
TABLE 2: CUMULATIVE WITH PROJECT FREEWAY IMPACTS
Beginning Segment End Segment Peak
Hour
Preliminary Traffic
Assessment (PTA)
Environmental Assessment
(EA)
NB/EB
Direction1
SB/WB
Direction1
NB/EB
Direction1
SB/WB
Direction1
PM X / - X / X
El Camino Real SR 237 AM
PM N/A N/A - / -
- / -
X / -
- / -
SR 237 Central Expwy AM
PM N/A N/A - / -
- / -
X / -
- / X
Central Expwy US 101 AM
PM N/A N/A - / -
- / -
X / -
- / -
SR 237
El Camino Real SR 85 AM
PM N/A N/A - / -
- / -
- / -
- / -
SR 85 Central Pkwy AM
PM N/A N/A - / -
- / -
- / -
- / -
Central Pkwy Maude Ave AM
PM N/A N/A - / -
- / -
- / -
- / -
Maude Ave US 101 AM
PM N/A N/A - / -
- / -
- / -
- / -
US 101 Mathilda Ave AM
PM N/A N/A - / -
- / -
- / -
- / -
Mathilda Ave N. Fair Oaks Ave AM
PM N/A N/A - / -
- / -
- / -
- / -
N. Fair Oaks Ave Lawrence Expwy AM
PM N/A N/A - / -
- / -
- / -
- / -
Lawrence Expwy Great America
Pkwy
AM
PM N/A N/A - / -
- / -
- / -
- / -
Great America Pkwy N. First St AM
PM N/A N/A - / -
- / -
- / -
- / -
N. First St Zanker Rd AM
PM N/A N/A - / -
- / -
- / -
- / -
Zanker Rd McCarthy Blvd AM
PM N/A N/A - / -
- / -
- / -
- / -
McCarthy Blvd I-880 AM
PM N/A N/A - / -
- / -
- / -
- / -
I-280
Alpine Rd Page Mill Rd AM
PM
- / -
X / -
- / -
- / -
X / -
X / -
X / -
- / -
Page Mill Rd La Barranca Rd AM
PM
X / -
- / -
X / -
X / -
X / -
- / -
X / -
- / -
La Barranca Rd El Monte Rd AM
PM
X / -
- / -
X / -
X / -
X / -
- / -
X / -
- / -
El Monte Rd Magdalena Ave AM
PM
X / -
X / -
X / -
X / -
- / X
- / -
- / -
- / -
Magdalena Ave Foothill Expwy AM
PM
X / -
X / -
X / -
X / -
X / X
X / -
X / -
X / -
Foothill Expwy SR 85 AM
PM
X / X
X / -
X / -
X / -
X / X
X / -
X / -
X / -
SR 85 De Anza Blvd AM
PM
X / X
X / -
X / -
X / -
X / X
X / -
X / -
X / X
TABLE 2: CUMULATIVE WITH PROJECT FREEWAY IMPACTS
Beginning Segment End Segment Peak
Hour
Preliminary Traffic
Assessment (PTA)
Environmental Assessment
(EA)
NB/EB
Direction1
SB/WB
Direction1
NB/EB
Direction1
SB/WB
Direction1
De Anza Blvd Wolfe Rd AM
PM
X / X
X / -
X / -
X / -
X / -
X / -
X / -
X / -
Wolfe Rd Lawrence Expwy AM
PM
X / -
X / -
X / -
X / -
X / -
- / -
X / -
X / -
Lawrence Expwy Saratoga Ave AM
PM
X / -
X / -
X / -
X / -
X / X
- / -
X / -
X / X
Saratoga Ave Winchester Blvd AM
PM
X / -
X / -
X / -
X / -
X / X
X / -
X / -
X / X
Winchester Blvd I-880 AM
PM
X / -
X / -
X / -
X / -
X / X
X / -
X / -
X / X
I-880 Meridian Ave AM
PM
X / X
- / -
- / -
X / -
X / X
X / -
X / -
X / X
Meridian Ave Bird Ave AM
PM
X / -
- / -
- / -
X / -
X / X
X / -
X / -
X / X
Bird Ave SR 87 AM
PM
X / -
- / -
- / -
X / -
X / -
- / -
- / -
X / -
SR 87 10th St AM
PM N/A N/A X / X
- / -
X / -
X / X
10th St McLaughlin Ave AM
PM N/A N/A X / -
- / -
X / -
X / X
McLaughlin Ave US 101 AM
PM N/A N/A X / -
- / -
- / -
X / X
I-880
I-280 Stevens Creek
Blvd
AM
PM
X / -
- / -
- / -
- / -
- / -
- / -
- / -
- / -
Stevens Creek Blvd N. Bascom Ave AM
PM
X / -
- / -
X / -
X / -
- / -
- / -
- / -
- / -
N. Bascom Ave The Alameda AM
PM
X / -
X / -
X / -
X / -
- / -
- / -
- / -
- / -
The Alameda Coleman Ave AM
PM
X / -
X / -
X / -
X / -
- / -
- / -
- / -
- / -
Coleman Ave SR 87 AM
PM N/A N/A - / -
- / -
- / -
- / -
SR 87 N. 1st St AM
PM N/A N/A - / -
- / -
- / -
- / -
N. 1st St US 101 AM
PM N/A N/A - / -
- / -
- / -
- / -
US 101 E. Brokaw Rd AM
PM N/A N/A - / -
- / -
- / -
- / -
E. Brokaw Rd Montague Expwy AM
PM N/A N/A - / -
- / -
- / -
- / -
Montague Expwy Great Mall Pkwy AM
PM N/A N/A - / -
- / -
- / -
- / -
Great Mall Pkwy SR 237 AM
PM N/A N/A - / -
- / -
- / -
- / -
SR 237 Dixon Landing Rd AM
PM N/A N/A - / -
- / -
- / -
- / -
Notes:
“X” = Project contributes greater than one percent of the segment capacity on a segment already operating at LOS F.
“-“ = No Project impact
“N/A” = freeway segment was not evaluated
1. “- / -“ = Mixed-flow Lane Impact / HOV Lane Impact
Source: Vallco Town Center Specific Plan Environmental Assessment, Kimley-Horn, 2016; Fehr & Peers, 2016.
9212 Report – City of Cupertino June 2016 | Appendix 6
Appendix 6
Appendix 6A: Donation Agreement Between Vallco Property Owner, LLC
and Cupertino Union School District
Appendix 6B: Donation Agreement Between Vallco Property Owner, LLC
and Fremont Union High School District
APPENDIX 6A
APPENDIX 6B
9212 Report - City of Cupertino June 2016 | Appendix 7
Appendix 7 Table 1
Summary of Development Scenarios
City of Cupertino 9212 Report
Without Initiative With Initiative
Development Type
Current
Built/
Approveda
Adopted
General Plan
(389 Units)
Adopted
General Plan
Assuming Sand
Hill Proposal
(800 Units)
Amended
General Plan
and
Specific Plan
(389 Units)
Amended
General Plan
and
Specific Plan
(800 Units)
Development Buildoutb
Residential (units)21,412 23,294 23,294 23,294 23,294
Vallco 0 389 800 389 800
Senior Housing (Included in Total)0 0 40 80 160
Other Residential 21,412 22,905 22,494 22,905 22,494
Non-Residential (Allowable)
Office (sq.ft.)8,916,179 11,470,005 11,470,005 11,470,005 11,470,005
Vallco 0 2,000,000 2,000,000 2,000,000 2,000,000
Other Office 8,916,179 9,470,005 9,470,005 9,470,005 9,470,005
Commercial/Retail (sq.ft.)3,632,065 4,430,982 4,430,982 4,430,982 4,430,982
Vallco 1,200,000 1,200,000 650,000 640,000 640,000
Other Retail/Commercial 2,432,065 3,230,982 3,780,982 3,790,982 3,790,982
Hotel (rooms)1,116 1,429 1,429 1,429 1,429
Vallco 148 339 339 339 339
Other Hotel 968 1,090 1,090 1,090 1,090
Net Increase in Potential Developmentc
Residential (units)1,882 1,882 1,882 1,882
Market Rate (units)1,768 1,748 1,807 1,828
BMR (units)114 134 75 54
Vallco (units)389 800 389 800
Market Rate 350 720 389 800
On-Site BMR (units)d 39 80 0 0
Senior Housing (Included in Total)0 40 80 160
Other Residential (units)1,493 1,082 1,493 1,082
Market Rate (units)1,418 1,028 1,418 1,028
BMR (units)e 75 54 75 54
Non-Residential (sq.ft.)3,509,243 3,509,243 3,509,243 3,509,243
Office (sq.ft.)2,553,826 2,553,826 2,553,826 2,553,826
Vallco 2,000,000 2,000,000 2,000,000 2,000,000
Other Office 553,826 553,826 553,826 553,826
Retail/Commercial (sq.ft.)798,917 798,917 798,917 798,917
Vallco 0 (550,000) (560,000) (560,000)
Other Retail/Commercial 798,917 1,348,917 1,358,917 1,358,917
Hotel (room)f 313 313 313 313
Vallco 191 191 191 191
Other Hotel 122 122 122 122
Hotel (sq.ft.)156,500 156,500 156,500 156,500
Vallco 95,500 95,500 95,500 95,500
Other Hotel 61,000 61,000 61,000 61,000
Vallco Non-Residential 2,095,500 1,545,500 1,535,500 1,535,500
a. Figures for “Current Built/Approved” are from the “Current Built” column of General Plan Table LU-1, which represents existing
development and all development approved as of 12/10/14. Table LU-1 is included in the Adopted General Plan and the Initiative.
b. Figures for "Development Buildout" are from the "Buildout" column in Table LU-1.
c. Net increase is calculated for each scenario compared against the “Current/Built Approved" figures.
d. For purposes of the assessed valuation assumptions for the fiscal analysis, 10% of total units are assumed to be affordable as
Below Market Rate (BMR) units (consistent with what was proposed in the 2015 Sand Hill proposal) because the onsite
provision of BMR units could reduce the assessed value for residential units.
e. Assumes 5% BMR for citywide projects based on the amount of on-site affordable housing provided in 5 recent pipeline projects
not including Vallco.
f. Average size of a hotel room assumed to be 500 sq.ft.
Source: City of Cupertino, Keyser Marston Associates, Inc.
9212 Report - City of Cupertino June 2016 | Appendix 7
Appendix 7 Table 2
Annual Sales Tax Generated from Retail Space
In Constant FY 2015/16 Dollars
City of Cupertino 9212 Report
Without Initiative With Initiative
Current Built/
Approved
Adopted General
Plan
(389 Units)
Adopted General
Plan Assuming
Sand Hill
Proposal
(800 Units)
Amended
General Plan
and
Specific Plan
(389 Units)
Amended
General Plan
and
Specific Plan
(800 Units)
Vallcoa
Retail Space at Buildout 1,200,000 sq.ft.1,200,000 sq.ft.650,000 sq.ft.640,000 sq.ft.640,000 sq.ft.
Occupancy Rateb 66%92%92%92%92%
Occupied Retail Space 796,500 sq.ft.1,104,000 sq.ft.598,000 sq.ft.588,800 sq.ft.588,800 sq.ft.
Taxable Retail Sales per sq.ft.b, c $124 $149 $300 $300 $300
Estimated Taxable Sales $99,060,000 $164,500,000 $179,400,000 $176,640,000 $176,640,000
Increase in Taxable Sales $65,440,000 $80,340,000 $77,580,000 $77,580,000
Other Retail/Commerciala
New Retail Space 798,917 sq.ft.1,348,917 sq.ft.1,358,917 sq.ft.1,358,917 sq.ft.
Occupancy Rateb 92%92%92%92%
Occupied Retail Space 735,004 sq.ft.1,241,004 sq.ft.1,250,204 sq.ft.1,250,204 sq.ft.
Taxable Retail Sales per sq.ft.c $149 $149 $149 $149
Taxable Retail Sales $109,500,000 $184,900,000 $186,300,000 $186,300,000
Citywide Increase in Taxable Retail Sales $174,940,000 $265,240,000 $263,880,000 $263,880,000
Citywide Projected Sales Tax Revenuesd $1,750,000 $2,650,000 $2,640,000 $2,640,000
Vallco Only $650,000 $800,000 $780,000 $780,000
Note: Dollar figures rounded to the nearest thousand. Numbers may not add up precisely due to rounding.
a. Does not include sales tax generated from hotels.
b. Average occupancy rate for current built and approved retail based on 2014 occupancy at Vallco, projected occupancy for development
scenarios assumed at 92% based on typical shopping center occupancy levels.
c. Historical data on taxable retail sales was reviewed for Vallco and other establishments throughout the City. The estimates used in the analysis
are based on actual performance from 2014, adjusted as necessary to appropriately reflect each retail area and scenario. Taxable sales at Vallco
in 2014 were used alongside occupancy data of the mall to estimate the average retail sales per sq. ft. of occupied space. The same type of
analysis was done for the areas located outside of Vallco, based on 2.4 million sq.ft. and 92% occupancy. Reported sales are adjusted to
2015 dollars.
d. Projected sales tax revenues assumes City receives 1% of taxable sales, according to sales tax data.
Source: City of Cupertino, MuniServices, Strategic Economics, Seifel Consulting Inc.
9212 Report - City of Cupertino June 2016 | Appendix 7
Appendix 7 Table 3
Annual Sales Tax Revenues from Business-to-Business (B-to-B) Transactions
In Constant FY 2015/16 Dollars
City of Cupertino 9212 Report
Without Initiative With Initiative
Adopted
General Plan
(389 Units)
Adopted
General Plan
Assuming
Sand Hill
Proposal
(800 Units)
Amended
General Plan
and
Specific Plan
(389 Units)
Amended
General Plan
and
Specific Plan
(800 Units)
Office
Increase in Office Space
Vallco 2,000,000 2,000,000 2,000,000 2,000,000
Other Office 553,826 553,826 553,826 553,826
Citywide 2,553,826 2,553,826 2,553,826 2,553,826
Taxable B-to-B Sales per sq.ft.a $40 $40 $40 $40
Estimated Taxable B-to-B Transactions $102,200,000 $102,200,000 $102,200,000 $102,200,000
Citywide Projected Sales Tax Revenuesb $1,020,000 $1,020,000 $1,020,000 $1,020,000
Vallco Only $800,000 $800,000 $800,000 $800,000
Note: Dollar figures rounded to the nearest thousand. Numbers may not add up precisely due to rounding.
a. Based on recently reported B-to-B sales for businesses (exclusive of Apple) most likely to occupy office space
and the current leasable office square footage (excluding Apple) in Cupertino, taxable B-to-B sales ranges
$37 to $53 per sq.ft. for the past three fiscal years.
b. Projected sales tax revenues assumes City receives 1% of taxable sales.
Source: City of Cupertino, MuniServices, Seifel Consulting Inc.
9212 Report - City of Cupertino June 2016 | Appendix 7
Appendix 7 Table 4
Growth in Annual General Fund Property Tax Revenue
In Constant FY 2015/16 Dollars
City of Cupertino 9212 Report
Without Initiative With Initiative
Development Type
Incremental
Assessed Value per
Unit/Sq.Ft./Rooma
Adopted General
Plan
(389 Units)
Adopted General
Plan Assuming
Sand Hill
Proposal
(800 Units)
Amended
General Plan
and
Specific Plan
(389 Units)
Amended
General Plan
and
Specific Plan
(800 Units)
Estimated Incremental Assessed Value
Residential
Vallco Seifel - Better
Market Rate $560,000 /unit 350 720 350 720
Affordable $273,000 /unit 39 80 39 80
Market Rateb $560,000 /unitc $196,000,000 $403,200,000 $196,000,000 $403,200,000
On-Site BMRd $273,000 /unit $10,647,000 $21,840,000 $10,647,000 $21,840,000
Total $206,647,000 $425,040,000 $206,647,000 $425,040,000
Other Residential
Market Rateb $560,000 /unit $794,100,000 $575,700,000 $794,100,000 $575,700,000
BMRd $273,000 /unit $20,500,000 $14,700,000 $20,500,000 $14,700,000
Total $814,600,000 $590,400,000 $814,600,000 $590,400,000
Citywide Total
Market Rateb $560,000 /unit $990,100,000 $978,900,000 $990,100,000 $978,900,000
BMRd $273,000 /unit $31,147,000 $36,640,000 $31,147,000 $36,540,000
Citywide Net Growth in Assessed Value $1,021,247,000 $1,015,540,000 $1,021,247,000 $1,015,440,000
Non-Residential
Officee
Vallco $520 /sq.ft.$1,040,000,000 $1,040,000,000 $1,040,000,000 $1,040,000,000
Other Office $520 /sq.ft.$288,000,000 $288,000,000 $288,000,000 $288,000,000
Citywide Total $1,328,000,000 $1,328,000,000 $1,328,000,000 $1,328,000,000
Commercial/Retaile
Vallco - New Development $640 /sq.ft.$768,000,000 $416,000,000 $409,600,000 $409,600,000
Vallco - Existing $160 /sq.ft.$195,400,000 $195,400,000 $195,400,000 $195,400,000
Vallco - Net Increasee $480 /sq.ft.$572,600,000 $220,600,000 $214,200,000 $214,200,000
Other Retail/Commerciald $480 /sq.ft.$383,500,000 $647,500,000 $652,300,000 $652,300,000
Citywide Total $956,100,000 $868,100,000 $866,500,000 $866,500,000
Hotele
Vallco $300,000 /room $57,300,000 $57,300,000 $57,300,000 $57,300,000
Other Office $300,000 /room $36,600,000 $36,600,000 $36,600,000 $36,600,000
Citywide Total $93,900,000 $93,900,000 $93,900,000 $93,900,000
Citywide Net Growth in Assessed Value $2,378,000,000 $2,290,000,000 $2,288,400,000 $2,288,400,000
Citywide Incremental Assessed Value $3,399,247,000 $3,305,540,000 $3,309,647,000 $3,303,840,000
Vallco Onlyf $1,876,547,000 $1,742,940,000 $1,518,147,000 $1,736,540,000
Estimated Incremental Property Tax Revenues to the City
Citywide Annual Property Tax Revenues City's Share:5.60%$1,900,000 $1,850,000 $1,850,000 $1,850,000
Vallco Onlyf $1,050,000 $980,000 $850,000 $970,000
Note: Dollar figures rounded to the nearest hundred thousand for projected assessed values and to the nearest thousand for property tax
revenues. Numbers may not add up precisely due to rounding.
a. Incremental assessed value represents the increase in property value added by new development, calculated by subtracting existing land
value from total development value. Non-residential values include estimated value for personal property / tenant improvements ($100 per sq.ft.
of office, $50 per sq.ft. of commercial/retail, and $30,000 per hotel room).
b. Assumes mid-range development at $650 per sq.ft. value, unit size of 1,200 sq.ft., 25 units per acre, and land value of $5.5 million per acre
based on "City of Cupertino, Residential Below Market Rate Housing Nexus Analysis" by Keyser Marston Associates, Inc. (April 2015).
c. 10% of market rate units under scenarios with Initiative are assumed to be BMR units under the scenarios with Initiative.
d. Affordable unit value is assumed to be $259,000 for very low income units and $287,000 for low income units in "City of Cupertino,
Residential Below Market Rate Housing Nexus Analysis" by Keyser Marston Associates, Inc. (April 2015).
e. Incremental assessed value calculated based on prototype #2 (commercial/retail), prototype #4 (office), prototype #6 (hotel) from "City of
Cupertino, Non-Residential Jobs-Housing Nexus Analysis" by Keyser Marston Associates, Inc. (April 2015).
f. As the Adopted General Plan would allow more development to occur at Vallco than is proposed by the Initiative or was proposed by Sand Hill
in 2015, the projected increase in revenues to the City's General Fund varies by scenario when compared to the Adopted General Plan.
Source: City of Cupertino, Keyser Marston Associates, Inc, Seifel Consulting Inc.
9212 Report - City of Cupertino June 2016 | Appendix 7
Appendix 7 Table 5
Net Increase in Annual Transient Occupancy Tax (TOT) Revenues
In Constant FY 2015/16 Dollars
City of Cupertino 9212 Report
Without Initiative With Initiative
Assumptiona
Adopted
General Plan
(389 Units)
Adopted
General Plan
Assuming
Sand Hill
Proposal
(800 Units)
Amended
General Plan
and
Specific Plan
(389 Units)
Amended
General Plan
and
Specific Plan
(800 Units)
Hotel
Number of Rooms
Vallco 191 191 191 191
Other Office 122 122 122 122
Citywide Total 313 313 313 313
Occupancy Rate 80%
Number of Occupied Rooms 250 250 250 250
Estimated Room Charge $215
Estimated Annual Room Revenues $19,700,000 $19,700,000 $19,700,000 $19,700,000
City's TOT Rate 12%
Citywide Annual TOT Revenues $2,360,000 $2,360,000 $2,360,000 $2,360,000
Vallco Only $1,440,000 $1,440,000 $1,440,000 $1,440,000
a. Based on typical hotel occupancy and room rates in Cupertino based on TOT data. Projected TOT revenues assumes
City receives 12% of taxable sales.
Source: City of Cupertino, Seifel Consulting Inc.
9212 Report - City of Cupertino June 2016 | Appendix 7
Appendix 7 Table 6
Annual Taxable Sales Generated from Retail Space
In Constant FY 2015/16 Dollars
City of Cupertino 9212 Report
Regional Shopping Centers Data Source Valley Fair Stanford S.C.
Taxable Retail Sales
Taxable Sales Per MuniServices dataa $482,470,000 $588,420,000
Sq.Ft. at Buildout 1,477,000 sq.ft.1,364,000 sq.ft.
Occupancy Rate 92%b C
Occupied Sq.Ft.1,359,000 sq.ft.1,255,000 sq.ft.
Taxable Sales per Occupied Sq.Ft.$360 /sq.ft.$470 /sq.ft.
Vallco Retail Assumptions for 9212 Report Vallco
Sq.Ft. at Buildout
Vallco Total 650,000 sq.ft.
Occupancy Rate 92%
Occupied Sq.Ft.598,000 sq.ft.
Retail/Restaurant 70%of total retail space 419,000 sq.ft.
Entertainment/Fitness 30%of total retail space 179,000 sq.ft.
Taxable Retail Sales Taxable Retail Sales per Occupied Sq.Ft.
Retail/Restaurant Sales mid point of Valley Fair and Stanford S.C. at 70% of total retail space $415 /sq.ft.
Entertainment/Fitness Assumes lower average sales at 10% of above at 30% of total retail space $42 /sq.ft.
Total Weighted average of above $303 /sq.ft.
Rounded $300 /sq.ft.
Taxable Retail Sales $179,400,000
a. 2014 data adjusted to constant 2015 dollars by CPI.
b. Typical occupancy rate for shopping malls per Greensfelder Commercial Real Estate.
Source: City of Cupertino, MuniServices, Keyser Marston Associates, Greensfelder Commercial Real Estate, Seifel Consulting Inc.
9212 Report – City of Cupertino June 2016 | Appendix 8
Appendix 8
Appendix 8A: Sand Hill Development Company
The Hills at Vallco
Project Description
Appendix 8B: The Hills at Vallco Draft EIR Project Description
Appendix 8C: Referenced General Plan Policies
The Hills at Vallco
Project Description
September 2015
APPENDIX 8A
Table of Contents Page
Executive Summary 1
Property History 3
Community Engagement 5
Mixed-Use Town Center 7
Community Park and Nature Preserve 11
Cupertino Schools 15
Transportation Solutions 16
Entitlements and Approvals 17
Revitalization Approvals 17
Revitalization Objectives 17
General Plan Conformance 19
South Vallco Connectivity Plan Conformance 21
Specific Plan Development 22
Revitalization Plan 23
Land Use 24
Mobility and Parking 27
Connectivity and Public Improvements 31
Utilities 34
Grading and Construction 36
Environmental Sustainability 37
Exhibits 39
Site Map 39
Site Description 40
Block Description 41
Data Table 45
Acknowledgements 48
The Hills at Vallco | Project Description | September 2015
The Hills at Vallco | Project Description | September 2015
1
Figure 1. The Hills at Vallco; a mixed-use town center and rooftop open space for Cupertino.
The Hills at Vallco | Project Description | September 2015
Every community aspires to have a physical
place that distills and embodies the values of its
past and aspirations for its future. The Hills at
Vallco is just such a place. It will create both a
vibrant mixed-use town center — the social heart
of Cupertino's emerging downtown — and a vast
rooftop open space inspired by the natural
ecology of the Cupertino foothills. The Hills at
Vallco will uniquely connect landscape, buildings
and infrastructure and infuse them with the best
qualities of life in Cupertino.
The Hills at Vallco has been designed to fulfill
Cupertino's General Plan and integrate the
wishes and wisdom of the community to
revitalize Vallco and ensure its success for future
generations. It will create spaces that nurture
vibrancy and encourage relaxation. It will
embrace forward thinking innovation while
respecting historical stewardship. It finds a
balance between a modern need for technology
and eternal need for nature. By celebrating local
strengths, The Hills at Vallco will attain a global
reach.
Sand Hill Property Company, through Vallco
Property Owner, LLC, acquired and unified the
fragmented 50-acre Vallco Shopping Mall site in
November 2014. For the first time in its history,
this consolidation allowed the rare opportunity to
replace the failing, outdated, 40-year old indoor
shopping mall, with a vibrant mixed-use town
center and a community park and nature
preserve. The property owner has selected
internationally renowned design firms Rafael
Viñoly Architects and OLIN Landscape Architects
as master planners to ensure excellence in the
visionary design of The Hills at Vallco.
The Hills at Vallco will include 625,000 square
feet of commercial and civic areas. The design
features family friendly entertainment, retail,
sports and recreation, apartments for multi-
generational living including 680 market rate, 80
below market rate, and 40 senior apartments,
two million square feet of office space serving
incubator, startups, emerging or established
Silicon Valley companies, and supporting public,
residential, and office amenity areas including a
high school Innovation Center and transit center.
The groundbreaking publicly accessible rooftop
open space — 30-acres of landscaping floating
above the buildings — will comprise the largest
green roof in the world and include nearly
four miles of walking/jogging trails, vineyards,
orchards, organic gardens, an amphitheater,
children’s play areas, single level amenities
pavilions, and a refuge for native fauna.
The sustainability goal for the Hills at Vallco is
LEED Platinum certification; globally recognized
as the highest level of environmentally conscious
construction. The monumental scale of the green
roof will improve resource efficiency and mitigate
climate change. It will reduce the urban heat
island effect, improve public health, minimize
water run-off, improve water and air quality,
improve energy efficiency of the buildings, and
promote bio-diversity. In the long run, The Hills at
Vallco ambitiously targets a Net-Zero Water
policy. Water conservation efforts will include the
extension of the recycled water line from
Sunnyvale to The Hills at Vallco, a partnership
with many public stakeholders.
The Hills at Vallco aligns with Cupertino’s
General Plan and framework for the Vallco
Shopping District. The Hills at Vallco will create a
net positive impact on the already world class
schools in Cupertino. It will also provide
significant traffic solutions, including
spearheading the rebuilding of the Wolfe Road/
Hwy. 280 bridge and interchange, the
implementation of intersection and signal timing
improvements, and a complimentary community
shuttle for Cupertino residents.
The majority of the approximately 9,175 parking
spaces will be located underground to maximize
the opportunities for community engagement
throughout the ground level footprint.
The Hills at Vallco represents a nearly $3 billion
investment in the Cupertino community and the
Silicon Valley region. It will produce substantial
net positive impacts on the order of hundreds of
millions of dollars to the City in fees, property
taxes and retail sales taxes.
2
Executive Summary
The Hills at Vallco | Project Description | September 2015
In the 1960s, 25 Cupertino families and property
owners came together to launch the overall
scheme for the 300-acre Vallco Park, whose
name was constructed from the first initials of
each of the primary developers: Varian
Associates and the Leonard, Lester, Craft, and
Orlando families. Ten years later, Vallco
Shopping Mall was established as a retail
component within the business park.
Development plans dating from the early 1970s,
document the formation of a mixed-use district,
including offices and the regional shopping mall
that was eventually built. Vallco Shopping Mall
opened under the brand Vallco Fashion Park in
September 1976. At the time of its launch, it was
one of the largest shopping malls in Silicon
Valley, drawing visitors from throughout the
region. Vallco Shopping Mall thrived from the
mid-1970s to the mid-1980s.
Community Pride
Vallco Shopping Mall was once a source of
immense community pride and identity for
Cupertino – a destination with a distinct sense of
place, where a diverse community of people
gathered, connected, and shared a variety of
experiences from shopping to skating, eating to
bowling, or simply strolling. Unfortunately for the
community, for many decades and for many
reasons, Vallco Shopping Mall is no longer that
place of pride.
Challenges
By the mid-1980s, Vallco Shopping Mall had
begun to suffer from an inherent inability to
respond to the ever-changing demands of
consumers and markets. Constraining factors
included:
•Fragmented Vallco ownership between the
mall owner and the three other property
owners – Sears, Macy’s, and JC Penney’s.
•An Operation and Reciprocal Easement
Agreement signed onto by all four owners at
the outset, which handcuffed each party from
pursuing improvements without unanimous
consent.
•Outdated infrastructure in combination with a
confusing and inefficient parking layout which
began to take its toll.
•Demand for mid-market mass merchandizers,
such as those department stores at Vallco
Shopping Mall, began not only to contract, but
to plummet throughout the nation, ultimately
resulting in the closure of thousands what had
been anchor stores for malls.
•Regional competition from Westfield’s Valley
Fair and Stanford Shopping Center, other sub-
regional malls, and revitalized downtowns
began to shift shoppers away from Vallco
Shopping Mall.
Regional Competition
Since the 1980s, regional competition has only
increased. Two of the top performing, super-
regional malls in the San Francisco Bay Area
located near Vallco Shopping Mall are the
Stanford Shopping Center and Westfield's Valley
Fair. Today, both of them are thriving and
expanding. Not only is it difficult for the flagship
retailers who have become tenants at these two
malls to justify an additional location at Vallco
Shopping Mall, many are prohibited from doing
so due to lease radius restrictions. Vallco
Shopping Mall must also compete with more than
a dozen other shopping districts, revitalized malls
and walkable downtown neighborhoods including
Palo Alto, Los Gatos, Mountain View, Los Altos,
and Campbell.
Failed Redevelopment Efforts
Vallco Shopping Mall ownership has turned over
many times since the original developers, with
multiple foreclosures and a bankruptcy,
staggered between efforts to redevelop the aging
mall. Occupancy began to deteriorate at an
accelerated rate in the 1990s. Mall tenancy
continued its steady decline into the mid-2000s.
3
Property History
The Hills at Vallco | Project Description | September 2015
In September 2009, a Vietnamese food
processing company purchased the mall. As
absentee speculators, they did nothing to
reinvest in the mall, and so the mall languished
further.
By 2014, Vallco Shopping Mall had distinguished
itself as the most delinquent property tax payer in
Cupertino with over $7 million in unpaid back
taxes, due to increasing operating losses year
over year. In 2015, occupancy had dwindled to
the point where vacant and papered storefronts
outnumbered active storefronts throughout the
mall.
A handful of mall tenants including AMC Theater,
have continued to perform well even throughout
Vallco Shopping Mall's leanest years. They
cannot, however, be expected to support 1.2
million square feet of obsolete retail space.
General Plan Vision for Revitalization of the
Vallco Shopping Mall
The City of Cupertino has long recognized the
failures of Vallco Shopping Mall, and has spent
the past several years working with the
community to establish a new vision for
revitalizing it.
In December 2014, the City Council adopted new
General Plan goals, policies and strategies
specifically relating to the Vallco Shopping
District Special Area, within which Vallco
Shopping Mall is located. The City vision outlined
a complete revitalization of Vallco Shopping Mall
site into a "vibrant mixed-use town center” that is
a focal point for regional visitors and the
community. This new district will become a
destination for shopping, dining and
entertainment in the City.
Unified Ownership
To realize this community vision, the General
Plan “requires a master developer in order to
remove the obstacles to the development of a
cohesive district with the highest levels of urban
design.”
In December 2014, after years of negotiations
with multiple ownership groups, Sand Hill
Property Company, who has been an integral
part of the community for 20 years, was able to
assemble all 50 acres of Vallco Shopping Mall - a
first in the mall's 40 years history. Single
ownership will finally allow the implementation of
a unified vision to revitalize Vallco. The property
owner is making an investment in Cupertino to
both own and operate the property for multiple
generations.
The company has experience with numerous
properties throughout Cupertino, including retail,
residential, offices, and hotel. All four of these
uses will be on display at Main Street Cupertino
– a multi-year collaboration with the City of
Cupertino and the community currently under
construction on approximately 18 acres, which
the property owner will continue to own and
operate once completed.
Within a block of this successful collaboration,
the failed Vallco Shopping Mall will give way to a
re-envisioned Vallco, called The Hills at Vallco.
4
The Hills at Vallco | Project Description | September 2015
5
Chime In…
I have the following questions or comments:
n I support a revitalized Vallco with a mix of retail, housing and office
n Please keep me informed
Name
Address
City State Zip Code
Phone Email
I want to share my thoughts on revitalizing VallcoYES!
Visit us online at VallcoVision.com or email info@vallcovision.com
Figure 2. 50,000 response card invitations were sent out in March and April 2015.
The Hills at Vallco | Project Description | September 2015
In February 2015, the property owner initiated an
unprecedented and comprehensive community
engagement process with Cupertino residents
encouraging them to “Chime In” on a future
vision for a revitalized Vallco, also launching the
website Vallco Vision to serve as a community
portal for idea gathering.
In March 2015, and again in April, the property
owner sent 25,000 response card invitations to
every home and business in Cupertino, asking
community members to share their ideas and
wishes for what a new Vallco could be.
Throughout April, May, and June 2015, the
property owner hosted more than 20 community
meetings, open houses and presentations to
collect community feedback. Residents shared
what they liked and didn't like about the current
mall, and what they wanted to see incorporated
into a revitalized Vallco. They also had an
opportunity to address ancillary concerns in the
community.
In July 2015, the property owner sent a four-
page report summarizing the comments gathered
to each of the 25,000 homes and business in
Cupertino. The property owner expressed
gratitude for the opportunity to meet personally
with more than 1,000 Cupertino residents and
receive more than 3,800 ideas from everyone
who “Chimed In”. The property owner was
encouraged by the community’s willingness to
engage in dialogue and inspired by the quality of
ideas expressed. The major themes revealed
during the first six months of community
engagement included:
Offer Entertainment and Family Friendly Retail
Top requests were to keep and improve upon
well-loved and successful community
touchstones; the AMC Theater, bowling alley,
and ice rink, as well as to improve upon current
fitness uses, and attract and retain more family
friendly businesses.
Attract New and Diverse Restaurants
More than 50 restaurant recommendations were
received, ranging from requests to keep a few
popular establishments, to adding outdoor dining
options, and hosting a farmers’ market for
Cupertino.
Increase Open Space
The current Vallco Shopping Mall is composed of
fortress type buildings with no connection to the
outside. Residents strongly agreed that any new
project should offer exterior landscaped
gathering spaces open to the community,
particularly given that this part of Cupertino is
below par in overall green space. Residents
wanted to keep as many existing healthy trees
as possible on the perimeter of the site.
Provide Traffic Solutions
Traffic improvements including rebuilding and
widening the Wolfe Road/Hwy. 280 interchange,
a community shuttle, and improved biking and
walking options to and through the revitalized
shopping district were requested.
Protect Cupertino's World-Class Schools
Suggestions were given by the community that
any revitalization contribute to making Cupertino
schools even better by building educational
facilities on site, by replacing outdated portable
classrooms with new permanent ones, by
upgrading existing school facilities, or by building
a new school and/or directly funding existing
programs.
Create a New Town Center
Many wonderful memories of the Vallco
Shopping Mall when it was “the” community-
gathering place during its hey-day were shared.
Many observed that Cupertino has never truly
had a downtown, and suggested that a
revitalized Vallco would be the ideal place to
create one.
6
Community Engagement
The Hills at Vallco | Project Description | September 2015
7
Figure 4. Town Square West at twilight — the active heart of The Hills at Vallco in Cupertino.
Figure 3. A variety of retail, dining, and entertainment venues are connected through walkable streets.
The Hills at Vallco | Project Description | September 2015
Synthesizing the community input and the
aspirations of the General Plan into a mixed-use
town center vision, The Hills at Vallco is
conceived around the core elements essential for
creating a vibrant community life – a program
that begins with the ambience of the streets and
public squares, and extends throughout all
venues; supporting real connections between
residents, employees, businesses, students and
visitors.
The Hills at Vallco will elevate the quality of
community life in Cupertino and beyond. It will
facilitate healthy lifestyles by creating a mix of
thoughtfully designed public places of various
scales: intimate enclaves, broad public squares,
and generous community venues that support a
year-round calendar of experiences, exhibits and
events. It will include the amenities of a market
hall, movie theater, and recreational venues. The
Hills at Vallco will provide walkable streets that
allow for the serendipity of social encounters,
places to sit and take in the day, settings that
accommodate all of the community: families,
friends, and individuals of all ages.
Town Center with Heart and Soul
The Hills at Vallco offers two interconnected town
squares with two distinct experiences. Town
Square West and Town Square East,to be the
heart and soul of the town center. These are
located on the west side and east side of Wolfe
Road.
As the active heart of public life, Town Square
West will be the focal point of the retail,
entertainment, and residential district, and
welcome Cupertino residents, employees, and
visitors to an actively programmed and flexible
green space that is both civic amenity and local
park. As the heart, it will activate, circulate and
energize the life of the entire city. In the center of
Town Square West is gently sloping lawn that will
flow from the north side of the space down to the
South creating a lush gathering space for
relaxation and for outdoor concerts, cultural
events, outdoor performances and movies. The
lawn will connect to the below-grade parking
garage, providing a direct visual link and path for
visitors arriving by car and illuminating the
garage with light and views of a rich green
landscape. Surrounding the lawn, hardscape
terraces shaded by large plane trees that can
host large public events and festivals or serve as
exterior dining or social space, will make the
Town Square West a vibrant destination and
community activator throughout the day and into
the evening.
As a quiet compliment to the active heart of Town
Square West, Town Square East has been
designed as a place to nourish the soul. Town
Square East is a serene and contemplative
green space that will serve as central focal point
and a shared exterior amenity for the mixed-use
retail and office district. Along the central axis of
Town Square East will be a linear low flow water
feature designed for use with recycled water or
other seasonal non-potable sources. It will be a
thin sheet of moving water framed by large
canopy trees, will create a cool, quiet oasis
within the town center. Surrounding this
sculptural water element and formal tree
geometry, informal plantings of olive trees and
grasses will provide a beautiful texture and
muted color palette that move in the breeze,
creating a sound buffer to the noise of the city.
Entertainment, Recreation and Retail
Promenade
The successful existing community touchstones
including the AMC Theater, bowling alley, ice
rink, and fitness center, will be co-located to the
northwestern corner of The Hills at Vallco.
Freshly designed as an integrated multilevel
complex, the south facing facade of this block
will be embellished with terraced gardens and
dining patios looking out over the open air
activities of Town Square West.
Extending south from the entertainment and
recreation venues to Stevens Creek Boulevard,
the family friendly district will be designed as a
nine-block retail promenade that makes a loop to
8
Mixed-Use Town Center
The Hills at Vallco | Project Description | September 2015
and from Stevens Creek Boulevard, where the
new transit center and community shuttle stop
will be located. Two parallel tree-lined avenues
supporting this shopping loop, lined with a
mixture of unique boutiques and national brand
stores, will create an experience district
differentiated from the surrounding shopping
malls. Stores will be curated from around the
country with Cupertino's lifestyle in mind. The
retail promenade will have a genuine downtown
atmosphere, supported by upper level residential
buildings that create a unique sense of place and
create scale.
The retail promenade is a pedestrian-focused
circulation zone that envelopes the west side
ground-level retail into an iconic shopping
district, providing clear wayfinding and access
from the surrounding streets and parking garage.
The retail promenade is designed to enhance the
retail shopping experience by providing a vibrant
and comfortable space for walking, sitting, eating
and socializing throughout the day and evening.
This circulation space will have a rich texture of
paving patterns, lighting, and outdoor spaces.
Large canopy trees are limbed up to enhance
views to the storefronts and provide dappled light
and shade along the sidewalks and seating
areas.
Along Stevens Creek Boulevard, glass facades
of multi-level spaces will animate The Hills at
Vallco with a line-up of leisure, fashion and
technology flagship stores that epitomize the
lifestyle of Cupertino, and identify it as a place
that celebrates recreational, casual and creative
activities.
Market Hall
The chefs, restaurants, grocery stores, markets
and farms of the San Francisco Bay Area have
pioneered the celebration of fresh, local and
organic food, and spawned a food movement
known internationally as "California Cuisine," and
have linked farm to table dining, specifically to
this region. The Hills at Vallco will capture this
spirit by introducing Market Hall; a food hall with
local, artisan offerings. Located at the eastern
edge of the retail district, Market Hall will provide
fresh and healthy food with broad economic
access, community gardens and urban
agriculture to educate the community on how to
meet the basic dietary needs for active lives.
Market Hall will act as a community amenity and
meeting place, populated in the mornings with
people stopping in for coffee and fresh baked
goods or market style breakfast; at lunch by
residents and the local work force for a mix of
food stand offerings; and at regular intervals for
regional farmers market offerings.
Active Public Streets
The Hills at Vallco will activate today's car-
dominated streets - Stevens Creek Boulevard,
Wolfe Road, and Vallco Parkway - with enhanced
sidewalks, bicycle lanes, and transit facilities.
Sidewalks will be designed to make walking
easier and more attractive, allowing neighbors,
visitors, and employees to meet and interact on
their walks, and to foster economic activity, such
as window shopping and sidewalk cafes. The
Hills at Vallco preserves the healthy existing
street trees at all edges of the site that serve as
a buffer to the Portal Neighborhood residences
to the West and to enhance Cupertino's urban
tree cover and associated ecosystem services.
The perimeter streetscapes will be enhanced to
create landscapes and a comfortable pedestrian
and bike-friendly realm and to provide clear, safe
connections to Main Street Cupertino and other
destinations in South Vallco Park Gateway.
The existing site slopes gently from Stevens
Creek Boulevard towards Hwy. 280 to the North.
New buildings in The Hills at Vallco will step
down to echo the natural topography of the site.
Wolfe Road Crossing
Town Square East and Town Square West are
visually and physically linked by a linear garden
space that spans Wolfe Road and connects the
mezzanine levels of the surrounding buildings. In
conjunction with the floating roof, this creates a
gateway for Cupertino.
9
The Hills at Vallco | Project Description | September 2015
Community Scale
The wavelike silhouette of the Hills at Vallco will
minimize any perception of mass and bulk of the
town center in response to the scale of the
existing City context. Not only does the rooftop
landscape blend into the existing trees around
the site, but also the setbacks, street level
landscape, and varying building heights will
reduce the visual impact on the adjacent
neighborhoods and public streets.
The western edge, where the roof meets the
street at Stevens Creek Boulevard thereby
providing a trail head to access the public park
and nature preserve, will begin at grade level,
respecting the residential scale and privacy of
the Portal Neighborhood. The roof will rise at the
center of the site west of Wolfe Road, staying
under the existing building height of the existing
AMC Theater. The roof will lower down and cross
Wolfe Road to unify the 30-acre open space at
roof level and create a dynamic Wolfe Road
gateway and entrance for Cupertino at street
level while also addressing the arrival and
departure from Hwy. 280.
The buildings east of Wolfe Road will step up
towards the east side of The Hills at Vallco along
Hwy. 280 and Perimeter Road.
The Stevens Creek Boulevard frontage will
conform with the wide landscape easement
requirement of the Heart of the City Special Area.
This will create a generous pedestrian entrance
plaza, provide a well located transit center, and
respect the existing ash grove.
10
Figure 5: The wavelike shape of the rooftop open space is responding to Cupertino's community scale.
The Hills at Vallco | Project Description | September 2015
11
Figure 7. Vineyards, oak, meadow, and chaparral landscapes on the rooftops of The Hills at Vallco.
Figure 6. Rooftop community park of The Hills at Vallco looking south towards the Cupertino foothills.
The Hills at Vallco | Project Description | September 2015
The landscape design for The Hills at Vallco will
be based on the native ecologies of Santa Clara
Valley which allows to provide a range of natural
ecosystems within an urban context and be
resilient to challenging climate conditions such
as extended periods of drought and increasing
global temperatures.
The Hills at Vallco will provide approximately 30
acres of open space and landscape floating over
building structures, layering on top of a vibrant,
mixed-use town center that replaces the existing
50 acres of primarily impervious surface. In
addition to protecting the majority of existing
trees on Wolfe Road, Stevens Creek Boulevard,
and the Perimeter Road landscaped buffer, The
Hills at Vallco will be adding approximately 900
trees to the site which are either native or
drought tolerant species.
The plant palette has been selected to thrive with
little or no irrigation. Small areas of planting with
specific programmatic uses or historical
references such as lawns and orchards will be
maintained using only non-potable water sources
such as municipal recycled water or on-site
greywater and stormwater capture and reuse.
The Hills at Vallco will be a high performance
landscape and model of green infrastructure that
creates a highly sustainable center for civic,
social, and community life and will serve as a
model of transformative twenty-first century
sustainable growth.
Flowing over the town center will be an
approximately 30-acre community park and
nature preserve. This spectacular landscape will
interweave social and natural systems to create
a one-of-a kind green amenity in Cupertino. The
community park and nature preserve will
immerse visitors in the naturally occurring oak,
meadow, and chaparral landscapes of Santa
Clara Valley and provide an uninterrupted visual
connection to the surrounding mountain ranges
of San Francisco Bay. The rooftop open space
will host a diverse set of programmatic uses
ranging from active public spaces for community
gathering, civic engagement, public
performance, cultural festival and casual dining,
to quiet intimate spaces for relaxation, to a
nature preserve providing habitat for local flora
and fauna such as songbirds migrating along the
Pacific Flyway.
Vegetation from the Oak, Meadow, and
Chaparral ecotones is ideally suited to the light-
weight and free draining soils of a landscape
over structure. The plant species that will make
up the roof landscape are characterized by
drought-hardy trees, woody shrubs and grass
species such as Coast Live Oak, Valley Oak,
California Black Oak, California Sycamore,
California Buckeye, Western Redbud, Monterey
Cypress, and Torrey Pine, Ceanothus,
Manzanita, Needlegrass, Creeping Wild Rye and
native sedges. These are plantings that thrive on
summer drought and occasional winter rains.
The community park and nature preserve are
organized around several major spaces:
Oak Grove
The oak grove will be located on the western
edge of the site provides at-grade public
pedestrian access to the community park and
nature preserve from Stevens Creek Boulevard.
At this location the roof meets the street to create
a convenient and accessible trail connection to
the roof at ground level. This edge will be planted
with large canopy trees to create an iconic
gateway space and to serve as visual buffer to
the adjacent private residential neighborhood.
This public landscape will be a serene retreat,
providing a visual respite from the City and
encouraging walking and hiking amongst the
native oaks and grasses of the region.
Community Activities
The community activities will be located in the
center of the community park and provide a
concentration of active programmatic uses
including a large play space and garden for
children, indoor and outdoor community meeting
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Community Park and Nature Preserve
The Hills at Vallco | Project Description | September 2015
spaces, amenities such as a cafe and wine bar,
and amphitheater and performance spaces.
Adjacent to the community activities will be two
areas that celebrate the region's unique cultural
and historic agricultural landscapes — the
vineyards and the orchards. Santa Clara Valley
lies between Santa Cruz Mountains and Diablo
Range which shelter the area from the cold,
damp San Francisco Bay climate creating the
perfect Mediterranean environment for the
orchards and vineyards that emerged in the late
nineteenth century.
Vineyards
The vineyards will provide a stunning visual form
as it undulates along the slopes of the roof. This
educational landscape will engage visitors with
walking trails and gathering and performance
spaces set within the vines.
Orchards
The orchards will showcase fruit trees that recall
the turn of the century agricultural forms and
colors of Santa Clara Valley.
The orchard and vineyard will reconnect
residents to the seasonal cycles of agriculture,
provide educational and seasonal family friendly
activities, and provide meaningful context for the
role it played in the early economic and social life
of Santa Clara Valley. From the first white and
pink flush of flowering apricot and cherry trees to
the harvesting of fruits and grapes and brilliant
fall colors, these productive landscapes will
become spaces of annual celebration and
gathering, creating lasting memories for visitors
of all ages.
Nature Preserve
The rooftop open space of The Hills at Vallco will
be the largest public-access landscape ever built
over structure and its establishment represents a
unique opportunity to infuse a large natural
system in an urban context for the mutual benefit
and improved health of people and the
environment. The large area on the eastern roof
will provide a significant number of ecosystems
services including improved biodiversity and
habitat for migratory birds and pollinating insects,
improved air quality, enhanced storm water
management, reducing carbon emissions by
reducing the urban heat island effect, and
numerous opportunities for physical health
benefits from exercise and interaction with
nature.
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The Hills at Vallco | Project Description | September 2015
14
Figure 8. Conceptual landscape plan for the 30-acre community park and nature preserve.
The Hills at Vallco | Project Description | September 2015
The property owner proposes to establish and
improve quality education facilities and programs
for both current students attending Cupertino
K-12 schools and for new students residing in
The Hills at Vallco. While state law limits fees a
school district can charge to mitigate school
impacts, the property owner will pay more than is
required to not only protect, but improve, upon
the educational successes of Cupertino Union
and Fremont Union High School Districts.
In collaboration with both districts, the property
owner proposes a net positive impact to more
than mitigate any potential impacts related to an
increase in overall student population from the
project, by funding and delivering the following
unprecedented facilities and programs:
Cupertino Union School District K-8
Educational Facilities, Programs and Funding
•Ground-up construction of a new 700-student
elementary school at the former site of the Nan
Allen Elementary School.
•Replacement of all portable/temporary
classrooms at Collins Elementary School with
permanent classrooms.
•Improvement and expansion of school playing
fields at the former Nan Allen and Collins
Elementary School sites.
•Creation and funding of a $1 million endowment
for the 8th grade Yosemite Science Program.
•Payment of the full statutory requirement “Level
1 Fee” obligation.
The new school will not only accommodate new
students from The Hills at Vallco, but provide
classrooms for hundreds of existing students, and
relieve pressure from existing schools.
The property owner proposes a total education
facilities and programs investment for Cupertino
Union School District of approximately $20
million, roughly 10 times the amount required by
Senate Bill 50.
Fremont Union High School District 9-12
Facilities, Programs and Funding
A new 10,000 square foot, turn-key Innovation
Center at The Hills at Vallco will be delivered to
Fremont Union High School District. This flexible,
multi-use space will be used by district high
school students to build projects together while
collaborating with members of the greater
community. The Innovation Center will serve as
an incubator for student inventions, plans, and
the seeds of bold, new ideas that are increasingly
indigenous to the Silicon Valley with programs
and facilities including:
•Student led businesses incubator
•Work-based learning initiatives hub
•Robotics team competition arena
•Multi-disciplinary student maker creativity
brainstorming and prototyping space
•Centrally located classroom for students from
all five campuses within the district.
•Performance space.
•An exhibition space.
•Charitable lease of the Innovation Center for a
term of 34 years at a nominal rent of $1 per
year.
• Payment of the full statutory requirement “Level
1 Fee” obligation.
The property owner proposes a total education
facilities and programs investment for Fremont
Union High School District of approximately $20
million, approximately 20 times the amount
required by Senate Bill 50.
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Cupertino Schools
The Hills at Vallco | Project Description | September 2015
The multi-generational commitment of The Hills
at Vallco to be a vibrant mixed-use town center
and amenity for the community at large well into
the future, requires forward thinking solutions to
problems yet unseen, but anticipated. Therefore,
the Hills at Vallco, will take proactive measures
to incorporate transportation solutions for
existing Cupertino residents and employees from
the outset along key transportation corridors and
Hwy. 280 including the following:
Improve Wolfe Road/Hwy. 280 Interchange
The Hills at Vallco will spearhead the widening
and rebuilding of the Wolfe Road/Hwy. 280
bridge and interchange. This will include
improvements to the pedestrian and bicycle
connections across Hwy. 280 that connect North
Vallco, where The Hamptons and Apple Campus
2 are located, with South Vallco, where The Hills
of Vallco and Main Street Cupertino are located.
Improve Wolfe Road Intersections
A new signalized intersection is proposed along
Wolfe Road between Vallco Parkway and the
Hwy. 280 interchange. This intersection is
intended to facilitate vehicular access to and
from the east and west side of The Hills at
Vallco. This intersection will improve public
access to The Hills at Vallco by replacing the
outdated existing on and off ramps from Wolfe
Road to Perimeter Road.
This intersection improvement will also modify
the existing tunnel under Wolfe Road to allow
east-west access for fire, emergency, and
service vehicles, which does not exist today due
to the low tunnel height.
In addition, this new intersection will provide a
new and safe bicycle and pedestrian crossing at
grade across Wolfe Road to create strong
walkable connections to integrate the east and
west sides of the emerging downtown at South
Vallco.
Included as these Wolfe Road improvements, will
be additional traffic signal timing upgrades
between Stevens Creek Boulevard and Hwy.
280, to improve the vehicular traffic flow on
Wolfe Road.
Introduce a Community Shuttle
The Hills at Vallco will lead a partnership with the
City of Cupertino, VTA, and corporate employers
to fund a complimentary community shuttle for
Cupertino residents and employees, to connect
numerous destinations within the community
including the library, Civic Center, Memorial Park,
De Anza College, one or more high schools, the
Apple campuses, and more. This will improve
residents’ access to key community destinations,
while giving office workers exposure to
businesses in the community.
Establish a Multi-Modal Transit Center
The Hills at Vallco will be designed with the north
side of Stevens Creek Boulevard between Wolfe
Road and Perimeter Road as transit center
location. The complimentary community shuttle,
VTA local and express buses, future Bus Rapid
Transit, corporate shuttles, and sharing economy
transportation services will all make regular stops
at the transit center. The transit center will
specifically accommodate the existing VTA’s
existing Stevens Creek Boulevard bus lines 23
and 323. The Hills at Vallco will have an entrance
plaza along Stevens Creek Boulevard that will
accommodate pedestrian access to a curbside
station.
Expand Community Connectivity
The Hills at Vallco will improve the quality of
public spaces surrounding the site so as to
enhance the pedestrian and bicycle experience
and connect The Hills at Vallco with the broader
community. Through an understanding of the
surrounding community needs, an integrated
multimodal network will be implemented that
focuses on aesthetics, access, and connectivity
within South Vallco Park, Apple Campus 2, and
the greater Cupertino community.
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Transportation Solutions
The Hills at Vallco | Project Description | September 2015
17
Heart of the City
Vallco Shopping
District
North Vallco
Gateway
South Vallco
Park Gateway
North Vallco
Park
Figure 9. Vallco Park Special Areas identified in Cupertino's General Plan.
The Hills at Vallco | Project Description | September 2015
The property owner is seeking from the City of
Cupertino following entitlements and approvals:
Legislative Approvals
•Specific Plan
•Conformance Zoning
•Development Agreement
Project Level Approvals
•Development Permits
•Conditional Use Permit
•Vesting Tentative Map
•New and Modified Easements, Air Rights and
Other Related Agreements
•Tree Removal Permit
•Architecture and Site Approvals
•Environmental Review
Primary Objectives
•Carry out the vision in the City’s General Plan to
transform the outdated Vallco Shopping Mall
into a vibrant and healthy mixed-use town
center by balancing retail, employment,
residential, civic and ancillary uses with a focus
on providing significant open space features,
views, and a gateway to Cupertino.
•Revitalize this critical urban infill site with a
strong and complementary mixed-use program,
including retail, office, residential, civic and
ancillary uses, at an intensity and density that
both promotes visitor activity and interest and is
able to financially support an innovative open
space, transit center, and civic programs, as
well as achieve a high level of sustainability.
Secondary Objectives
•Create an innovative and active gathering
place with a vitality in design that integrates
and encourages walking and cycling and that is
compatible with, and complementary to, recent
well-designed projects proximate to the project
site.
•Capitalize on the opportunity to utilize existing
infrastructure in a manner which furthers local,
regional and state compact and sustainable
growth goals, including the extension of
recycled water.
•Provide sufficient local serving and destination
retail uses to enable Cupertino and South Bay
residents and shoppers to reduce vehicle miles
travelled and associated greenhouse gas
emissions.
•Create an active, inviting and comfortable
place for people to visit, shop, and enjoy dining
and entertainment.
•Provide greater residential variety and density,
including additional affordable residential and
life-cycle residential.
•Reduce distances between residential,
workplaces, retail businesses, and other
entertainment amenities.
•Improve local access to fresh and healthy
foods by integrating more traditional food retail
with the vibrancy of local farmers markets, and
the heightened awareness of seasonal cycles
as well as education opportunities through
urban farming.
•Provide adequate parking and vehicular access
that meets the needs of future project visitors,
employees, and residents, while encouraging
the use of transit, bicycle, and other alternative
modes of transportation.
•Create new residential opportunities in close
proximity to employment centers, public transit,
shops, restaurants and entertainment uses.
•Create a new regional civic gathering place
that has a strong neighborhood character that
is informed by and responding to the ideas,
input and concerns of the local community.
The property owner may supplement this list with
additional approvals from appropriate local,
regional, state and federal agencies.
The Hills at Vallco community amenities,
including community park and nature preserve,
transportation improvements, education facilities
and programs funding, and other benefits
outlined in this Project Description are proposed
to be included as part of legally binding and
enforceable Development Agreement between
the property owner and the City of Cupertino.
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Entitlements and Approvals
The Hills at Vallco | Project Description | September 2015
The Hills at Vallco fulfills, implements and
complies with Cupertino's General Plan, the
policies for the Vallco Shopping District Special
Area, and the South Vallco Connectivity Plan:
1. General Plan Conformance
The City of Cupertino has been working with the
community over the past two years to update its
General Plan - the overarching policy document
that guides all future growth and development
decisions made by the city. On December 4,
2014, the Cupertino City Council formally
adopted an updated General Plan called
“Community Vision 2040”.
The Hills at Vallco follows the strategic direction
set by the City of Cupertino to focus future change
within Special Areas, such as the Vallco Shopping
District. These Special Areas are located on
Cupertino’s major mixed-use corridors with a mix
of commercial, office, hotel and residential uses.
At the same time, The Hills at Vallco will also
protect and enhance Cupertino's neighborhoods
to ensure the community’s great quality of life in
these largely residential areas.
Planning for changing demographics. The
City needs to plan not only for existing families
which form a larger percentage of our population,
but also for the growing demographic of seniors
and younger workers through new residential,
services, shopping, entertainment and
community facilities.
Local and regional land use planning and
collaboration. The City will take an active part in
regional collaborative planning processes related
to residential, transportation, sustainability,
health, transportation and infrastructure financing
in order to ensure local land use and
transportation decisions are coordinated with
regional efforts.
Integrating community health into land use
planning. The City will enhance and improve
health of people who live and work in our
community. This includes integrating land use
and transportation networks to reduce reliance
on auto usage and improving alternative choices
for transportation by focusing growth and change
in corridors that support all modes of transit,
providing neighborhoods with easy access to
schools, parks and neighborhood centers.
Land use and economics. The City will look to
diversify the City’s tax base, support and retain
existing businesses, increase the vitality of aging
commercial centers with redevelopment, seek to
diversify shopping opportunities so that the
community has the opportunity to satisfy their
shopping needs within Cupertino.
Urban design, form and character. The City
will seek high-quality development to achieve
desired physical environment in Planning Areas,
including walkable, connected neighborhoods,
inviting streets that allow for different modes of
transportation, and vibrant and walkable special
areas, and neighborhood centers in keeping with
Community Vision 2040.
Preservation of natural environment and
hillsides. Cupertino is blessed with an
abundance of natural resources, including
hillsides, creek corridors, and sensitive animal
and plant habitats along the foothills. Much of
this land is preserved in low-intensity residential
and agricultural uses or open space. As
redevelopment occurs, the City will strive to
preserve these natural areas through land use
and building design decisions.
Economic Vitality and Fiscal Stability. As
Cupertino’s population grows and ages,
demands on community resources will increase.
In order to maintain and enhance the
community’s quality of life, the City will ensure
that existing businesses are encouraged to
reinvest and grow in Cupertino, and that the City
continues to attract new businesses and
investment."
2. Vallco Shopping District Special Area
Conformance
As part of the "Community Vision 2040", the City
Council adopted new General Plan goals,
policies and strategies for Vallco Shopping
District Special Area, where Vallco Shopping Mall
is located. The City envisions a complete
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General Plan Conformance
The Hills at Vallco | Project Description | September 2015
redevelopment of the existing Vallco site into a
vibrant mixed-use “town center” that is a focal
point for regional visitors and the community.
This new district will become a destination for
shopping, dining and entertainment in Santa
Clara Valley. The Hills at Vallco fulfills,
implements and complies with the Vallco
Shopping District Special Area objectives and
goals of the General Plan:
Policy LU-19.1: Specific Plan: Create a
Specific Plan prior to any development on the
site that lays out the land uses, design standards
and guidelines, and infrastructure improvements
required. The Specific Plan will be based on the
following strategies:
Strategy LU-19.1.1: Master Developer.
Redevelopment will require a master developer
in order to remove obstacles to the development
of a cohesive district with the highest levels of
urban design.
Strategy LU-19.1.2: Parcel Assembly. Parcel
assembly and a plan for complete redevelopment
of the site is required prior to adding residential
and office uses. Parcelization is highly
discouraged in order to preserve the site for
redevelopment in the future.
Strategy LU-19.1.3: Complete
Redevelopment. The “town center” plan should
be based on complete redevelopment of the site
in order to ensure that the site can be planned to
carry out the community vision.
Strategy LU-19.1.4: Land Use. The following
uses are allowed on the site:
Retail: High-performing retail, restaurant and
entertainment uses. Maintain a minimum of
600,000 square feet of retail that provide a good
source of sales tax for the City. Entertainment
uses may be included but shall consist of no
more than 30 percent of retail uses.
Hotel: Encourage a business class hotel with
conference center and active uses including
main entrances, lobbies, retail and restaurants
on the ground floor.
Residential: Allow residential on upper floors
with retail and active uses on the ground floor.
Encourage a mix of units for young
professionals, couples and/or active seniors who
like to live in an active “town center”
environment.
Office: Encourage high-quality office space
arranged in a pedestrian-oriented street grid with
active uses on the ground floor, publicly
accessible streets and plazas/green space.
Strategy LU-19.1.5: “Town Center”
Layout. Create streets and blocks laid out using
“transect planning” (appropriate street and
building types for each area), which includes a
discernible center and edges, public space at
center, high quality public realm, and land uses
appropriate to the street and building typology.
Strategy LU-19.1.6: Connectivity. Provide a
newly configured complete street grid hierarchy
of streets, boulevards and alleys that is
pedestrian-oriented, connects to existing streets,
and creates walkable urban blocks for buildings
and open space. It should also incorporate
transit facilities, provide connections to other
transit nodes and coordinate with the potential
expansion of Wolfe Road bridge over Interstate
280 to continue the walkable, bike-friendly
boulevard concept along Wolfe Road. The
project should also contribute towards a study
and improvements to a potential Interstate 280
trail along the drainage channel south of the
freeway and provide pedestrian and bicycle
connections from the project sites to the trail.
Strategy LU-19.1.7: Existing Streets. Improve
Stevens Creek Boulevard and Wolfe Road to
become more bike and pedestrian-friendly with
bike lanes, wide sidewalks, street trees,
improved pedestrian intersections to
accommodate the connections to Nineteen800
and Main Street.
Strategy LU-19.1.8: Open Space. Open space
in the form of a central town square on the west
and east sides of the district interspersed with
plazas and “greens” that create community
gathering spaces, locations for public art, and
event space for community events.
Strategy LU-19.1.9: Building Form. Buildings
should have high-quality architecture, and an
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The Hills at Vallco | Project Description | September 2015
emphasis on aesthetics, human scale, and
create a sense of place. Additional heights may
be approved in specific areas by the City Council
as part of the Community Benefits Program.
Taller buildings should provide appropriate
transitions to fit into the surrounding area.
Strategy LU-19.1.10: Gateway Character. High-
quality buildings with architecture and materials
befitting the gateway character of the site. The
project should provide gateway signage and
treatment.
Strategy LU-19.1.11: Phasing Plan. A phasing
plan that lays out the timing of infrastructure,
open space and land use improvements that
ensures that elements desired by the community
are included in early phases.
Strategy LU-19.1.12: Parking. Parking in
surface lots shall be located to the side or rear of
buildings. Underground parking beneath
buildings is preferred. Above grad structures
shall not be located along major street frontages.
In cases, where above-grade structures are
allowed along internal street frontages, they shall
be lined with retail, entries and active uses on
the ground floor. All parking structures should be
designed to be architecturally compatible with a
high-quality “town center” environment.
Strategy LU-19.1.13: Trees. Retain trees along
the Interstate 280, Wolfe Road and Stevens
Creek Boulevard to the extent feasible, when
new development are proposed.
Strategy LU-19.1.14: Neighborhood
Buffers. Consider buffers such as setbacks,
landscaping and/or building transitions to buffer
abutting single-family residential areas from
visual and noise impacts.
3. South Vallco Connectivity Plan
Conformance
In accordance with the General Plan, South
Vallco is envisioned to become a vibrant mixed-
use downtown. In order to support these
changes, the Connectivity Plan calls for the City
of Cupertino to work with property owners to
improve connectivity within Vallco and the
adjacent areas. The property owner is
collaborating with the City of Cupertino and will
include the plan's connectivity goals and
objectives in the The Hills at Vallco:
Connectivity Goal
Create an efficient, safe, pleasant, well-designed
and complete multi-modal network that improves
aesthetics, access and internal connectivity
within South Vallco.
Connectivity Objectives
Vehicular Circulation. Create logical,
identifiable and safe automobile connections
between public roadways and private parking
areas throughout South Vallco.
Bicycle Connectivity. Improve internal bicycle
circulation throughout South Vallco through new
bicycle lanes and paths, bicyclist amenities, and
the potential trail along the northern boundary of
the area.
Pedestrian Connectivity. Enhance pedestrian
walkways and pathways so they are better
connected to buildings and parking areas in
order to support retail uses, create a more
welcoming environment and improve safety.
Transit Opportunities. Work with Santa Clara
Valley Transportation Authority (VTA) to improve
bus transit shelters and amenities, and identify
opportunities to establish new Park-and-Ride
locations within South Vallco.
Streetscapes. Enhance he visual appeal of
public and private streetscapes to create a more
pleasant and inviting environment for motorists,
pedestrians and bicyclists.
Image and Brand. Identify a strategy to create a
unified theme and brand for streetscapes
throughout South Vallco, including new signage,
landscaping palette, lighting, street furniture and
other design elements.
Reduced Traffic Impacts. Minimize traffic
impacts on local neighborhoods by improving
internal circulation, creating a multi-modal
network to encourage bicycling and transit,
fostering a “park once” atmosphere, and
allowing for the efficient flow of traffic through
South Vallco.
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The Hills at Vallco | Project Description | September 2015
In December 2014, the City Council directed the
property owner to embark on a comprehensive
community engagement process and develop a
detailed project proposal and Specific Plan for
consideration by the City Council.
The purpose of the Specific Plan is to lay out the
land uses, design standards and guidelines, and
infrastructure improvements required for the
revitalization of the Vallco Shopping District
Special Area. This Specific Plan will be based on
the land use strategies set forth in the General
Plan Amendment, including the establishment of
a town center for the Cupertino community, and
containing a vibrant and connected mix of retail,
entertainment, residential, offices, and open
space.
An expert planning consulting firm will assist in
the development of the Specific Plan that will
conform to the policies and strategies of the
General Plan Amendment, adapt to and inform
the planning and design approach currently
being developed by the property owner's master
planners, and accommodate future changes as
well as maintain flexibility for evolving
development strategies that will respond to
market conditions over time.
The Specific Plan will serve as the zoning
umbrella for the Vallco Shopping District,
conform to and inform master plans, and is
anticipated to include, but is not limited to the
following:
•Land Use/Residential: The plan will define
land use designations, including total number
of units, densities, square footage of non-
residential uses, mixed-use, and employment
generating land uses. Population and job
projections, and possibly student generation
projections will be included.
•Transportation and Parking: Description of
circulation for vehicles, transit, bicycles, and
pedestrians. New streets, paths and
connections shall be included. Parking
management strategies and transit oriented
development parking ratios will be identified,
based on the prior or other similar parking
demand analysis and the anticipated mix of
uses.
•Design and Streetscape Standards: Policies
and standards to promote pedestrian and
bicycle-friendly design to increase pedestrian
and bicyclist comfort and safety, and intended
to transform the suburban, auto oriented layout
of the mall.
•Open Space Plan: The plan will address the
provision of adequate public and private open
space as an integral part of the conceptual
land-use plan.
•Public Services: Information about services
and infrastructure needed to implement the
plan, including specific policies regarding
utilities, public safety, parks, schools, and
cultural facilities.
•Sustainability Opportunity Analysis: A
detailed, long-range strategy to achieve project
sustainability in the sectors of greenhouse gas
emissions, energy, transportation and land use,
solid waste, water, and economic
development.
•Technical Studies for the Specific Plan:
Technical studies could include but are not
limited to assessment of strategies and
necessary improvements for development
projects, mobility, and streetscape design such
as:
-Infrastructure implementation.
-Financing plan and market analysis.
-Alternatives analysis for floor area
allocations and land uses across the
Specific Plan area.
-Transportation Demand Management plan/
memo, which may include a parking policy
and management plan.
•Community Involvement: Community
engagement will continue to take place during
the Specific Plan development.
22
Specific Plan Development
The Hills at Vallco | Project Description | September 2015
23
Figure 10. Conceptual town center layout and strategic retail, entertainment and recreation zones.
TOWN
SQUARE
EAST
Heart
of the
City
Main
Street
Cupertino
Retail, Food and
Beverages
Market Hall and Flagship
Stores
Entertainment and
Recreation
Retail Promenade and
Activated Public Streets
TOWN
SQUARE
WEST
Retail
Promenade
The Hills at Vallco | Project Description | September 2015
Mixed Land Uses
The sixteen-block town center layout will provide
a flexible framework that allows a vibrant mix of
uses be distributed both horizontally and
vertically across the sites west and east of Wolfe
Road. The highest priority for the success of The
Hills at Vallco is the location and distribution of
the family friendly retail and entertainment,
followed by the integration of complementary
apartments, offices, and parking. The ground
floor level across the site will have ample spaces
for small, medium and large retail uses. On top
of the ground floor retail will be at least one of
following uses: a second retail level to provide
double height spaces for flagship stores,
apartments, offices, or parking.
Vibrant Retail
There will be multiple types and sizes of retail
space to serve The Hills at Vallco located at and
near the most walkable and transit connected
places within the site. Stevens Creek Boulevard
is a major pedestrian town center entrance. From
there, the retail promenade, which connects
Stevens Creek Boulevard with Town Square
West, will form a walkable shopping loop.
Additional retail will be located along Stevens
Creek Boulevard, Town Square East, Wolfe
Road and Vallco Parkway to activate the public
streets with pedestrian life.
Stevens Creek Boulevard Entrance
Commuters, pedestrians, and bicyclists will enter
The Hills at Vallco from Stevens Creek
Boulevard. They will arrive at a generous
entrance plaza, lined with two-story flagship
retailers with prominent facades in Blocks 1, 3,
and 7, all of which face and address the scale of
Stevens Creek Boulevard. The entrance plaza
will provide two pedestrian entry points to the
retail promenade at Avenues A and B.
Retail Promenade
The ground floor retail promenade along
Avenues A and B extending from Stevens Creek
Boulevard north will be complemented above by
apartments on the upper floors of Blocks 1, 2, 3,
4, 7, 8, and 9, and will join up with the AMC
Theater and additional entertainment and
recreational programming at the northern edge of
the Town Square West.
Market Hall
Block 8 will contain a signature space for various
specialty and artisanal food venues. The Market
Hall will activate the entrance to The Hills at
Vallco at the Wolfe Road and Vallco Parkway
intersection.
Town Square East
The group floor corners of Blocks 11, 12, 13, 14,
15, and 16 will contain a mixture of small to
medium-sized retail as well as destination food
and beverage venues that provide support during
the day and evening to the employees and
visitors of the mixed-use retail and office district.
Vital Entertainment and Recreation
On the north side of Town Square West, situated
in Blocks 5 and 6, the primary entertainment,
sports, and recreation spaces, including the AMC
Theater, a bowling alley, a fitness center, and an
ice rink, will be located.
AMC Theater
The centerpiece of the entertainment zone will
be a state-of-the-art, multi-screen AMC Theater.
The theater faces south onto Town Square West
with a mezzanine overlooking the square that is
complemented by various food and beverage
venues, outdoor seating, and retail shopping.
24
Revitalization Plan
The Hills at Vallco | Project Description | September 2015
Bowling Alley
The next generation, multi-use bowling alley will
be located adjacent to the AMC Theater.
Ice Rink
The regulation sized ice rink will be located at the
northern-most position of this block, with viewing
stands built alongside.
Fitness Center
The new fitness center will be located on the
upper floors to provided direct access to rooftop
community wellness activities.
Active Civic Spaces
The 10,000 square feet high-school Innovation
Center will serve as an innovation and
collaboration hub, project space, art gallery, and
competition arena for robotics tournaments.
About 5,000 square feet of space will be
reserved for community group activities and local
nonprofit organizations.
The Hills at Vallco will continue to collaborate
with the community to identify and create first-
class civic and cultural destinations.
Attractive and Integrated Residential
The Hills at Vallco proposes mixed-use
residential over ground floor retail. The
residential residential mix promotes an inclusive
town center lifestyle and will serve a range of
household types and income levels inclusive of
singles, couples, young families, active seniors,
visiting executives, and low income households.
The residential unit mix will include:
Apartments with parking and residential
amenities will be situated in Blocks 1, 2, 3, 4, 7,
8, and 9.
Cutting Edge Offices
Two million square feet Class-A office space will
provide the most up-to-date, efficient and flexible
spaces for incubators or start-ups, emerging or
established companies across the lifecycle of
Silicon Valley companies.
75 percent of the office spaces will be located in
the mixed-use retail and office district East of
Wolfe Road. Blocks 11, 12, 13, 14, 15, and 16
will provide the flexibility to be connected by
pedestrian bridges at the upper floors.
The other 25 percent will be located West of
Wolfe Road in Blocks 9 and 10.
Office entrances, lobbies and some of the
employee amenities will be located at ground
floor in such a manner that they enhance the
active use of the walkable town center streets
and town squares.
Signature Rooftop Amenities
The community garden and nature preserve of
The Hills at Vallco will contain a multitude of
community-based, educational, and civic-
oriented spaces to serve the citizens of
Cupertino. It will also provide residential
amenities required by City code, and reserved
amenity spaces for office uses.
The single level rooftop pavilions will serve
community, residential, and office functions. The
community banquet hall, with a capacity of more
than 2,000 occupants, and wine garden adjacent
to the vineyards will be used for large community
gatherings such as weddings, fundraisers,
cultural events and festivals.
The rooftop amenity program will be further
considered in collaboration with the local
community and future users.
25
The Hills at Vallco | Project Description | September 2015
Distributed Parking
Approximately 9,175 parking spaces will be
located below-grade, at grade, and in parking
structures. The parking is allocated to each
location as appropriate for the needs of the
adjacent users and is separated where required
and shared where possible. The basement levels
will provide approximately 6,000 parking spaces.
Basement Level 2
Basement Level 2 will have a floor to floor height
of 12 feet, and will cover approximately 670,000
square feet on east of Wolfe Road to serve the
offices. Basement Level 2 will be accessed from
grade via ramps through basement level 1.
Basement Level 1
Basement Level 1 will have a 15 foot floor to
floor height. Basement Level 1 is accessed by
multiple parking structure ramps from grade
along Perimeter Road, Wolfe Road, and various
on-site streets.
At-Grade Parking
Distributed around The Hills at Vallco is short
term, at-grade parking along the various on-site
streets for ease of access to the retail and
entertainment venues.
Parking Structures
Residential parking will be provided in the
resident only parking structures that are
integrated with the apartments in Blocks 1, 2, 4,
and 8.
Office parking will be provided in Block 16.
Efficient Central Plant
A central plant will be located at the upper
portion of Block 16 adjacent to the Hwy. 280. It
will provide centralized heating and cooling to all
blocks in the town center. Each town center
block will contain mechanical support spaces in
the interstitial spaces between the buildings and
the green roof above. The mechanical equipment
will be screened from public views by the roof
structure.
26
The Hills at Vallco | Project Description | September 2015
27
Figure 10. Conceptual site and parking access plan.
The Hills at Vallco | Project Description | September 2015
The Hills at Vallco recognizes the existing traffic
conditions in the area and strategic location near
Hwy. 280 and along key transportation corridors.
The Hills at Vallco will incorporate following
transportation strategies for Cupertino residents,
employees, and visitors:
Right Land Uses in the Right Place
The Hills at Vallco is at the geographic center of
the west side of Silicon Valley, near the
intersection of two major freeways. Stevens
Creek Boulevard is a key transit corridor in Santa
Clara County and is served by local and limited-
stop bus service at a combined rate of one bus
every 5-10 minutes on weekdays to downtown
San Jose and to De Anza College, with 15-
minute frequency on weekends and weeknights.
The stop at Stevens Creek Boulevard and Wolfe
Road is served now by both local and limited-
stop service and is slated by VTA to receive rapid
service within the next several years and
eventually, a bus rapid transit station. There is no
better location for a long-needed town center for
Cupertino. Locating jobs, residential, retail and
education uses in a town center can significantly
reduce driving distances for jobs and necessary
services, particularly compared to single-use
office districts east of Hwy.101. By providing a
mix of retail, residential, and offices, The Hills at
Vallco makes it possible to live and work on site,
and increases opportunities for shorter
commutes.
Daily Life Within Walking Distance
The Hills at Vallco is a mixed-use shop, live,
work, learn, and play environment. Employees
will not need to get in their cars to run errands or
go to lunch. Residents will be able to shop, dine,
and get groceries on foot. Even those who do
drive will be able to park once and take care of
several activities, significantly reducing traffic
demand compared to single-use destinations.
First Class Alternatives to Driving
As detailed in other sections, The Hills at Vallco
will offer a high level of transportation services,
including shuttles, on-site bike commuter
amenities, car-share, and other features, in
keeping with best practices elsewhere in Silicon
Valley. The intention is to create a transportation
mode shift away from single-occupancy vehicles
and into alternative transportation modes that will
minimize traffic and congestion in the City.
Information Technology
In order to help motorists find the closest
available parking space, transit riders find their
bus or shuttle, bike commuters identify the best
route, and carpoolers join together, we will use
the smart information technologies, tailored to
The Hills at Vallco.
Transportation Demand Management
The approach to transportation demand
management at The Hills at Vallco is to
systematically and actively remove the reasons a
person has to drive, including a multitude of
subsidized services for residents, workers,
visitors, and the community at large. The
investments in transportation options are
intended to generate benefits in terms of
minimizing congestion, and improving health and
environment. We will actively work to reach our
goals.
Further, the following transportation demand
management features are planned:
- Bicycle Friendly
Creating a safe, relaxing place to bicycle.
Cyclists will have a first class ticket to ride at
The Hills at Vallco. The many support services
offered on-site further prove our commitment to
cycling, such as repair stations, bike racks,
wayfinding and other features.
28
Mobility and Parking
The Hills at Vallco | Project Description | September 2015
- Circulation Improvements
Becoming a more multimodal city transcends
the initiatives of any single neighborhood. To
that end, we are invested in improving
conditions for pedestrians, cyclists, and transit
riders in Cupertino.
- Carpool, Carshare, and Rideshare
Carshare, vehicle pods, an online ridematching
service, and priority parking for carpoolers at
The Hills at Vallco will encourage people to
share vehicles and rides. No longer will
carpoolers have to worry about finding others
who are interested and conveniently located.
Some people will give up car ownership
entirely.
- Multimodal Financial Incentives
The Hills at Vallco understand that the bottom
line of finances often determines a person’s
ability to switch to healthier, more sustainable
transportation modes. The Hills at Vallco and
its future tenants and employers will help with
a variety of on-going financial incentives to
encourage walking, biking, and riding transit.
- Robust Transportation Management
The transportation demand management
program at The Hills at Vallco will be robust
and comprehensive. It will provide free and
subsidized services for residents, employees,
and even the public at large. It starts with
having people who can effectively generate
excitement for and participation in the
multitude of services available, and coordinate
with other organizations in the community to
multiply the effectiveness of the programs
offered.
Site Access
The Hills at Vallco will be integrated into the
surrounding existing and planned roadway,
bicycle and pedestrian, and transit networks.
Roadway access points along Stevens Creek
Boulevard, Wolfe Road, and Vallco Parkway will
be located similarly to today but will provide safe
pedestrian and bicycle crossings, transit access,
and will connect to thoughtful internal street grids
that allow for efficient and safe circulation. The
access points and internal roadway network will
provide redundant routes for internal circulation
to minimize the amount of traffic.
Vehicular Traffic Improvements
One new signalized intersection is proposed
along Wolfe Road between Vallco Parkway and
the Hwy. 280 interchange. This intersection is
intended to facilitate bicycle, pedestrian, and
vehicular access to and from the east side of the
property.
Transit Improvements
The Hills at Vallco has been designed to embrace
the intersection of Stevens Creek Boulevard and
Wolfe Road as a transit center to service the
proposed complimentary Cupertino community
shuttle, VTA buses, corporate shuttles, sharing
economy transportation services. The transit
center will specifically accommodate the VTA’s
existing Stevens Creek bus line 23 and 323. The
Hills at Vallco will have an entrance plaza along
Stevens Creek Boulevard that will accommodate
pedestrian access to curbside station. The new
plaza will improve the pedestrian experience to
the existing curbside stop along Stevens Creek
Boulevard. Given the anticipated ridership
generated by The Hills at Vallco, the stop will
likely qualify to be a major bus stop; the specific
palette of amenities will be specified in VTA’s
forthcoming (fall 2015) Transit Passenger
Environment Plan. The existing bus stops along
Wolfe Road near Vallco Parkway will also be
upgraded with improved passenger waiting areas
and pedestrian access into the site.
High-quality commuter shuttle services are now
offered by numerous employers in Silicon Valley
in an effort to reduce the number of car trips
generated by their office workers. Each shuttle
has seating capacity for 50 to 70 passengers.
The Hills at Vallco will also feature a transit
center for the offices located near the
29
The Hills at Vallco | Project Description | September 2015
intersection of Vallco Parkway and Perimeter
Road that will accommodate the loading or
unloading of up to several shuttles at once. The
location of the transit center has been selected to
provide easy access to and from Hwy. 280, but
also the ability to travel in all directions.
Emergency Vehicular Traffic
The onsite roadway network will support
emergency vehicle access by providing sufficient
roadway width for emergency vehicles on all
interior streets, sufficient turning radii for large
vehicles, adequate height clearances including in
the Wolfe Road tunnel crossing, and a well-
organized street network with numerous access
points to the surrounding network.
Parking
There will be approximately 9,175 parking
spaces that will be distributed between
underground parking structures, surface parking,
and above-grade parking structures. Parking
access points are strategically located to
intercept incoming cars and to facilitate efficient
egress to minimize interior on-street traffic in
order to prioritize pedestrians and bikes.
Circulation will be provided within the
underground parking to reduce unnecessary
entries and exits and to minimize circling at
street level.
Street Parking Flexibility
Similar to how other urban areas in the South
Bay have adapted their use of street parking, the
street parking at The Hills at Vallco will be used
flexibly. Street parking space, in addition to its
original use, could be adapted to provide
restaurant and café seating areas, parklets,
additional sidewalk amenities, or could be used
for temporary events such as farmers markets
and art and craft festivals.
Parking Dimensions
The Hills at Vallco will comply with Cupertino's
zoning regulations which require uni-size parking
stalls of 8’-6”x18’-0”. Other than parallel surface
street parking, 90 degree parking stalls for
maximum efficiency will be proposed, which will
requires a 24’-0” drive aisle.
Accessibility Parking
Accessible parking will be provided per the
American’s with Disabilities Act and the Building
Code.
Electric Vehicle Parking
The Hills at Vallco anticipates that EV charging
stations at the opening will far exceed the
minimum Cupertino code requirements.
Parking Guidance System
The Hills at Vallco will incorporate a state-of-the-
art parking guidance system that will direct
vehicles to open spaces. This system will provide
sensors for every parking space that provides
accurate counting to a signage system and to
mobile and web based technology to
communicate parking count status and to direct
patrons to where parking is available. This
reduces the amount of circulation necessary to
find a parking stall which in turn reduces
emissions, and makes the visitor experience
more convenient and pleasant.
30
The Hills at Vallco | Project Description | September 2015
Pedestrian Connectivity
The Hills at Vallco will provide safe and
comfortable connections for all pedestrians.
Sidewalks will be continuous, accessible, and
tree-lined with signalized crosswalks safely
connecting the street grid. The at-grade
pedestrian-friendly streets will support universal
access with gentle slopes. Bulb-outs will protect
pedestrians at public streets accessing the site,
and the narrow streetscapes and bulb-outs within
the property will provide an environment to
facilitate comfortable walking. The South Vallco
Connectivity Plan was used to guide the
development of these features, including
intersection improvements and prioritization of
streetscape design for better walkability.
Town Squares West and East
Town Squares East and West will highlight The
Hills at Vallco’s walkability and focus on
community life. The streets surrounding the town
squares are intended to extend the area of each
town square by emphasizing the shared nature
of the street, through use of different paving
materials, color, height differences, or other
street design features. These town squares will
form the focal point for temporary street closure
events.
Wolfe Road Crossing
Connecting Town Squares West and East will be
a landscaped pedestrian bridge that will extend
over Wolfe Road for a variety of activities, such
as walking, jogging, and hiking. This will replace
the existing heavy and enclosed bridge.
Bicycle Connectivity
The Hills at Vallco will prioritize access and
circulation for bicyclists of all comfort levels. The
existing bicycle network on Wolfe Road, Vallco
Parkway, and Stevens Creek Boulevard will
continue onto the site with additional bike lanes
on 4th and 6th Streets. The Perimeter Road
tunnel will provide a through, grade-separated
route across the property, as it has in the past,
but with improved functionality and environment
for bicyclists. Further within the site, bicycle
striping, green bike lanes, and bike boxes will
continue to highlight a multimodal street network.
There will be a network for everyone, from
commuters who prefer the fastest route to
shoppers and park visitors who want to take their
time exploring the green roof and bridge.
Perimeter Road Shared Use Path
The existing sidewalk surrounding The Hills at
Vallco will be improved and expanded into a
shared use, off-street path. As envisioned in the
South Vallco Connectivity Plan, the path will be
separated from Perimeter Road and will support
both bicyclists and pedestrians. Where existing
trees beautify the streetscape, the path will split,
minimizing disturbance to the trees and allowing
the path to be shaded. Any trees that cannot
remain along Perimeter Road will be relocated or
new trees will be planted in place of trees that
must be removed. The shared use path will allow
for multiple connection points to future paths at
the northern project border, as identified in the
South Vallco Connectivity Plan.
Minimizing Conflict
Intersection design will ease pedestrians,
bicyclists, and vehicles to their destination with
minimal conflict. For example, a new intersection
proposed at Wolfe Road and 6th Street will
provide an east-west bidirectional bike lanes
along the south edge that allows bicyclists and
pedestrians to cross without conflicts with
southbound vehicles turning left from Wolfe to
6th and westbound vehicles turning right from
31
Connectivity and Public Improvements
The Hills at Vallco | Project Description | September 2015
6th to Wolfe. Along Perimeter Road, crossings
will be clearly marked to facilitate connections
from the shared use path into the internal street
grid. Interior streets will be designed as low-
speed shared streets that feature a healthy
mixing of bicycle, auto, and street parking
activity.
Bicycle Amenities
Bolstering the bicycle network will be amenities
for secure, comfortable bicycling. In addition to
the short term bike parking located throughout
the property, cyclists will have access to bike
lockers, indoor bike parking, and charging for
electric bike users. Bike repair stations will also
be provided a various locations in around the
Hills at Vallco. Within offices, employees will
have showers and changing facilities to
comfortably continue the day after an active
commute to work. Coordinating with retail
services on site, cyclists could access a bike
shop with a professional bicycle mechanic to
help with maintenance needs or to purchase
supplies.
Programming for Walking and Biking
Programming through strong transportation
management will incentivize and support active
transportation. Commuters who bike or walk to
work will receive incentives and personalized trip
planning support. Residents and employees will
be able to take part in bicycle and helmet
giveaway programs. For active travelers who
would rather go with a group, walk and bike pool
clubs could offer guided tours to work.
Employees, residents, and shoppers will be able
to participate in site-wide events to celebrate
bicycling and walking. Together, these amenities
align perfectly with many of the South Vallco
Connectivity Plan objectives, including
emphases on bicycle and pedestrian
connectivity, streetscapes, and image and brand.
Vehicle Connectivity
While connectivity for pedestrians and bicyclists
will be prioritized, efficient vehicle flow enables
efficient travel for everyone. The Hills at Vallco
will have a clear roadway hierarchy that directs
most vehicles to the parking garages efficiently,
reducing potential conflicts with pedestrians and
bicyclists on the at-grade street network. The
existing public roads of Wolfe Road, Stevens
Creek Boulevard, and Vallco Parkway are
designed to handle the most vehicle capacity.
Connectors are second in the hierarchy with 4th
St, portions of 6th St, and Perimeter Road
directing vehicles towards the primary roadways.
Vehicles most easily access the site from
Stevens Creek Boulevard at Perimeter Road,
from northbound Wolfe at 4th Street/Vallco
Parkway, and from southbound Wolfe Road
straight into the parking garages north of 6th
Street. Vehicles that venture further into the site
will encounter narrower, slower streets with
greater bicycle and pedestrian activity. In
general, the small block street network
envisioned in the South Vallco Connectivity Plan
will encourage the objective of efficient and safe
multimodal circulation.
32
The Hills at Vallco | Project Description | September 2015
Public Improvements
Public Improvements to adjacent roadways
include:
Wolfe Road
•Create an urban-style setting with logical and
accessible pedestrian-scale roads.
•Create logical, identifiable, and safe vehicular,
pedestrian, and bicycle connections between
public roadways and the parking areas
throughout the South Vallco area.
•Improve sidewalks along Wolfe Road from
Stevens Creek Boulevard to Hwy. 280.
•Restripe and color bike lanes along Wolfe
Road from Stevens Creek Boulevard to Hwy.
280.
•Preserve majority of mature, healthy trees
along Wolfe Road while relocating and planting
new trees.
•Provide pedestrian-scale lighting and street
furniture along Wolfe Road to encourage
pedestrian access to commercial venues.
•Rebuild the Perimeter Road tunnel to provide
adequate height clearance to permit service
vehicles, trucks, emergency vehicles, and other
taller vehicles so that these necessary service
activities can move across the property without
crossing Wolfe Road at grade.
•Build additional tunnel under Wolfe Road to
improve the parking circulation, connecting the
parking basements east and west of Wolfe
Road.
Stevens Creek Boulevard
•Provide retail shopping front door entry point
accessed directly from Stevens Creek
Boulevard. There will be both a vehicular entry
and a pedestrian-only entry with easy
connections to rapid transit buses and
community shuttle.
•Create logical, identifiable, and safe vehicular,
pedestrian, and bicycle connections between
public roadways and the parking areas
throughout South Vallco.
•Preserve vast majority of healthy, mature trees
along Stevens Creek Boulevard while
relocating and planting new trees.
Vallco Parkway
•Create a multi-use street that allows for ground
floor retail and comfortable pedestrian
experience, a private shuttle stop, continuous
bike lanes, and entry and exit points to the
property, while accommodating traffic turning
movements onto Wolfe Road.
•Create a smooth transition to and from the
proposed bidirectional shared-use path along
Perimeter Road.
•Convert the street west of Wolfe Road from a
underground parking garage and basement
entry into an open air, accessible ceremonial
entrance to The Hills at Vallco and connecting
it to Main Street Cupertino and the South
Vallco Park area.
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The Hills at Vallco | Project Description | September 2015
The property owner has analyzed both the new
project needs and the greater community needs
in terms of utilities and their impact on the
currently available capacity. As such, The Hills at
Vallco strives to have the smallest impact on the
current public infrastructure by sustainably
reusing, recycling, and reclaiming many of the
power, water, and sanitary for reuse back into
The Hills at Vallco.
Storm Drain
The majority of rain that falls on The Hills at
Vallco will land on the green roof structure above
street level. This water will be cleansed and, to
the fullest extent possible, collected and reused
on site for irrigation and other recycled water
uses to reduce the domestic water dependency
of the project. By dealing with storm water runoff
in this manner the project will go above and
beyond storm water cleansing and LEED
requirements. This will also greatly reduce the
runoff from the current conditions which is above
and beyond the minimum requirements for
stormwater treatment.
Rain that falls on the podium area and Perimeter
Road will treated and reused depending upon
the location and the irrigation demand
requirements.
The existing public storm drain runs north down
Wolfe Road and cuts through a portion of the
property where the proposed development will
be located. The plan for this public storm drain is
to rework the drainage on Wolfe Road to flow to
Vallco Parkway and then east down Vallco
Parkway to the intersection with Perimeter Road.
A new public storm drain will be installed in
Perimeter Road located in the public utility
easement for discharge into the Junipero Serra
Channel owned by Santa Clara Valley Water
District along Hwy. 280. All existing laterals and
catch basins along The Hills at Vallco will be
reconnected to the new line.
Sanitary Sewer
Sanitary sewer will be separated into grey water
and black water, with grey water being used to
the fullest extent possible for irrigation and
potentially other uses as allowed by code. This
will reduce the impact on the public sanitary
sewer system and The Hills at Vallco's future
demand. Black water treatment and reuse will be
explored during the design phases given the
extent of the green roof and the need to fertilize
and irrigate the vegetation.
The existing public sanitary sewer is owned and
operated by Cupertino Sanitation District and
runs north down Wolfe Road and cuts through a
portion of the property where the proposed
development will be located. The proposed plan
for the public sanitary sewer main is to reroute
the main that flows North on Wolfe Road to flow
back south to Vallco Parkway and then East
down Vallco Parkway to the intersection with
Perimeter Road. A new public sanitary sewer will
be installed in Perimeter Road located in the
public utility easement around the development
and reconnected to the existing sewer main that
crosses Hwy. 280. All existing laterals along
Vallco Parkway will be reconnected to the new
line.
34
Utilities
The Hills at Vallco | Project Description | September 2015
Domestic Water Lines
Public water lines are owned and operated by
California Water Service Company and mains
exist down Wolfe Road from North to South, and
enter into the property where the proposed
development will be located. There are also
public water main lines running in Perimeter
road, both on the East and West.
The proposed development will reroute the main
line that runs down Wolfe Road and direct it all to
new public main lines that surround the project in
Perimeter Road. These lines will be reconnected
to the main loop that runs under Hwy. 280. The
Hills at Vallco will be serviced from a new public
water main line installed in Perimeter Road by
this project and located in an easement to the
California Water Company.
Fire Water Lines
Cupertino and California Water Service
Company have a combined fire and domestic
water system. All of the work laid out in the
Domestic Water Lines section will also be
applicable for Fire water service, and all
buildings fire water will be served off or
Perimeter Road and meet Fire Code
Requirements.
Recycled Water Lines
The property owner is collaborating and pursuing
a public private partnership with the necessary
agencies, California Department of
Transportation, Santa Clara Valley Water District,
Sunnyvale, California Water Service Company
and Cupertino to provide recycled water from
Sunnyvale, north of the site, across Hwy. 280.
This analysis has proven that a connection to the
Sunnyvale recycled water system is feasible and
will continue to be pursued. The Hills at Vallco
will be plumbed to accept recycled water to
accommodate the public recycled water system
installed in the future near the site.
Gas Lines
Public gas is owned and operated by Pacific Gas
and Electric and these lines run underground on
the east side of Wolfe Road from north to south.
There are no proposed changes to these lines.
The Hills at Vallco will pull public gas lines from
Wolfe Road, and down Perimeter Road. Service
lines for the buildings will be pulled off of this
new public line.
Communication Lines
Public communication lines run underground on
the east side of Wolfe Road from north to south,
there are no proposed changes to these lines.
The proposed development will pull its
communications lines from Wolfe Road and
serve the proposed buildings off of Perimeter
Road.
Electric Lines
Public high voltage electric is owned and
operated by Pacific Gas and Electric and these
lines run underground on the east side of Wolfe
Road from north to south, there are no proposed
changes to these lines. The Hills at Vallco will
pull public underground lines from Wolfe Road,
and down Perimeter Road. Service lines for the
buildings will be pulled off of this new public line.
35
The Hills at Vallco | Project Description | September 2015
The Hills at Vallco will create a pleasant and safe
pedestrian-oriented town center by replacing the
existing surface parking lots of the Vallco
Shopping Mall with below-grade parking
structures. Through the careful analysis of the
existing grading and using the naturally occurring
slope of the site, The Hills at Vallco will minimize
the amount of excavation required to create the
parking basement levels.
Grading
The site is approximately 50 acres and is
bisected by Wolfe Road with a bridging structure
over the top of the public road. Existing grades
around the perimeter of the site range from an
elevation of about 195 feet above sea level along
Stevens Creek Boulevard to an elevation of
about 175 feet above sea level to the north of
Perimeter Road. There is also an existing tunnel
at Perimeter Road that runs in the east - west
direction under Wolfe Road. The site has a large
concrete building that will be demolished as a
part of this project that includes basements and
retaining walls.
The Hills at Vallco will follow the natural slope of
the site, stepping down towards the north so as
to minimize excavation and reworking of roads in
the most efficient and cost effective manner. This
will allow for smooth transitions to the public right
of way, all vehicular access points, and provide
easily accessible pedestrian and bicycle-friendly
circulation.
Parking and Excavation
The Hills at Vallco will include about two-thirds of
the vehicular parking below-grade. It will be
located in two below-grade parking garages, one
on each side of Wolfe Road. The proposed floor
to floor sections for both garages are 15 feet for
the first basement level and 12 feet for the
second basement level, which only occurs on the
east side of Wolfe Road. The basement will have
a four foot thick slab.
The basement level on the west side of Wolfe
Road is roughly 26.3 acres and each basement
level on the East side of Wolfe is roughly 15
acres. The remainder of the required parking will
be located as surface street parking as well as
structured parking integrated within buildings
where feasible.
This parking approach will create great
improvements to the public realm for the
community, and the creation of the parking
basement will inevitably cause excavation and
off-haul of soils. Demolition materials that can be
recycled and reused on site will be stockpiled,
including concrete from the building and asphalt
and base rock. Some of the soil excavation from
the project site will be used on the green roof
and in landscaped areas at grade.
Construction
The property owner anticipates commencing
construction immediately after approval and
expects the completion of the first construction
phase in the second half of 2018. The first
construction phase is intended to include the
relocation and enhancement of the existing
entertainment, sports, and recreation venues
serving Cupertino - AMC Theater, the bowling
alley, and the ice rink. The start of the
subsequent construction phases will overlap with
the first phase by about six months, starting in
the first half of 2018.
The property owner’s construction protocol will
promote emissions reduction measures,
including the use of fuel efficient vehicles, and
clean-burning fuels.
36
Grading and Construction
The Hills at Vallco | Project Description | September 2015
The property owner's environmental
sustainability goal for The Hills at Vallco is to
achieve LEED Platinum certification. This
objective will go significantly beyond the City of
Cupertino’s LEED Silver requirement for new
construction. Given the scale and complexity of
The Hills at Vallco, the property owner will
collaborate with the Green Building Certification
Institute to establish the appropriate LEED
certification approach.
Green Roof
The core of the property owner's environmental
sustainability strategy is the commitment to the
world’s largest green roof, which will result in
climate responsive and high performance
buildings, infrastructure, and landscape. The 30
acres will improve resource efficiency and
mitigate climate change, resulting in
unprecedented public and private benefits:
•reduced stormwater runoff
•improved water quality
•reduced urban heat island
•improved air quality
•improved thermal insulation
•reduced energy consumption
•reduced noise
•extended life of building roof
•improved carbon storage
•improved bio-diversity
In addition, the green roof will improve outdoor
comfort and user experience.
Water Conservation
The property owner will explore the feasibility of
a Net-Zero Water initiative with the intent to
maximize water conservation and will extend the
recycled water line from Sunnyvale to The Hills
at Vallco. The property owner is currently
pursuing a public-private partnership with
Sunnyvale, Santa Clara Valley Water District,
California Water Services Company and
Cupertino. Conservation measures under
consideration are:
•Utilize the municipal recycled water supply for
irrigation, cooling towers and toilet flushing,
while sending greywater and blackwater to the
local sewage treatment plant that supplies the
recycled water, thereby closing the loop.
•Collect rainwater and minimally treat to offset
some of the recycled water and also meet
storm water goals.
•Obtain potable water for drinking, sinks and
showers from the utility. This will include the
monitoring of the hydrology purification
advances by the utility.
•Reduce water consumption through building
energy efficiency, as significant water is wasted
through the generation of energy.
Landscape Irrigation
The local climate is characterized by warm, dry
summers and cool, moist winters. Average
rainfall has been historically about 15 inches/
year, falling from November through March.
Recent drought conditions have been accounted
for in the planning and irrigation planning. The
Hills at Vallco plant palette is focused on a native
species mix that can adapt to fluctuations in
seasonal rainfall. Efficient drip irrigation is
planned for all landscape trees. After
establishment, the meadows and woody shrubs
on the roof will need irrigation primarily to
supplement seasonal lack of rainfall and to
maintain a fire-safe landscape environment.
Water Sources
Recycled water from the Sunnyvale Water
treatment facility will be used as a primary
source of landscape irrigation. Periodic testing of
water chemistry, primarily for salts and chemical
solutes will be necessary to monitor any
37
Environmental Sustainability
The Hills at Vallco | Project Description | September 2015
variations in suitability for irrigation and to
support long-term plant health. The use of
potable water will be avoided wherever feasible
and any usage will comply with all state and local
water restrictions. Additional sources of water for
landscape use might include seasonal storm
water capture and reuse and/or residential
greywater.
Water Use Efficiency
The Hills at Vallco seeks to reduce the
consumption of potable water. The foundation of
this is the use of low flow and ultra-low flow
plumbing fixtures with the goal of achieving a
reduction in potable water usage below the
baseline of the California Green Building
Standards Code, which is already a 30 percent
reduction compared to the performance of typical
buildings in the United States.
An optimized heating, ventilation, and air
conditioning strategy will reduce water use,
saving millions of gallons of water each year.
Shifting cooling production from warm days to
cooler nights may allow for air cooled chillers to
operate with efficiency that approaches the
performance of water cooled equipment while
avoiding the tens of millions of gallons of annual
evaporation that would come with water cooled
equipment.
Improved energy efficiency of The Hills at Vallco
will benefit the region by avoiding water use in
power plants, which consume an average of two
gallons of water for each kilowatt hours of energy
spent on site.
Climate Responsive Design
The Hills at Vallco will prioritize and integrate
climate responsive design strategies that
leverage the exceptional Mediterranean climate
of Cupertino to improve user comfort and to
reduce energy use of mechanical, electrical and
information technology systems. This will result
in energy and water conservation, and lower
carbon emissions. A combination of the geometry
of the compact town center layout, the vast
green roof, high performance building envelopes,
thermal mass, natural ventilation, natural
daylight, and internal load reduction will
accomplish these goals.
Active energy design strategies, such as low
energy systems, displacement ventilation, heat
recovery, efficient mechanical, electrical and
information technology equipment, LED lighting,
load scheduling, and other strategies will
complement the climate responsive design.
Renewable Energy
The property owner will explore strategies to
maximize the use of renewable energy for the
overall energy needs of The Hills at Vallco. This
will include on-site and grid provided solutions.
Green Building Codes and Regulations
All buildings will be designed and constructed to
meet or exceed the requirements of the current
2013 California Green Building Standards Code
and the 2013 California Energy Code. The Hills
at Vallco will use green building, high
performance, and environmental sustainable
strategies to meet or exceed the code required
benchmarks for energy efficiency, water
efficiency and carbon emission reduction.
38
The Hills at Vallco | Project Description | September 2015
39
Site Map
Figure 10. Map and areas of The Hills at Vallco sites.
The Hills at Vallco | Project Description | September 2015
West of Wolfe Road
This site is bounded by Stevens Creek
Boulevard on the south, Wolfe Road on the east,
and the outside edge of Perimeter Road on the
west and north (of which it is inclusive). It
contains three buildings, including the primary
mall building (with two anchor stores, formerly
Macy’s and Sears), an automotive center, and a
restaurant building, and two parking structures.
10101 Wolfe Road
APNs: 316-20-080 and 316-20-081
10123 Wolfe Road
APNs: 316-20-105, 316-20-106 and 316-20-107
10333 Wolfe Road
APNs: 316-20-101
Site Area: 33.2 acres
East of Wolfe Road
This site is bounded by Vallco Parkway to the
south, Wolfe Road to the west, and Perimeter
road to the north and east (of which it is
inclusive). It contains two buildings, including the
secondary mall building (with one anchor store,
JC Penney’s) and one parking structure
10150 Wolfe Road
APNs: 316-20-094 and 316-20-095
2074 Vallco Parkway
APN: 316-20-100
Site Area: 17.6 acres
40
Site Description
The parcels that will be combined to create The Hills at Vallco currently contain the existing Vallco
Shopping Mall, inclusive of its anchor stores, parking structures, and pad buildings. They are all located
within the Vallco Shopping District Special Area as designated in the General Plan for Cupertino, which
describes the area as a major regional and community destination, envisioned to become a new mixed-
use town center and gateway for Cupertino.
Note: 10333 North Wolfe Road, APN: 316-20-088
This site is owned by Wolfe Properties, LLC and is currently utilized as existing Vallco Shopping Mall
parking under an Operation and Reciprocal Easement Agreement. It will not be developed, but will be
available as parking for The Hills at Vallco under the agreement. It is bounded by the Wolfe Road off-
ramp from southbound Hwy. 280 on the North and East, by the northernmost edge of Perimeter Road
on the South, and the Portal Neighborhood on the West.
The Hills at Vallco | Project Description | September 2015
Blocks 1 and 2
Mixed-Use Blocks 1 and 2 are connected at the
upper floors across 2nd Street and face Town
Square West and Stevens Creek Boulevard.
They are comprised of approximately 415,000
square feet of retail, residential, and parking.
Block 1 is approximately 470 feet by 205 feet,
Block 2 about 555 feet by 205 feet. They house
ground floor retail along the retail promenade
with residential entry lobbies and ground floor
amenities with 16 feet floor to floor height. Above
the ground floor are three stories of
approximately 130 residential apartments
containing a mix of studios, one bedrooms, two
bedrooms, and penthouse units. Above-grade
parking is located to the rear of the residential
units.
There is a below grade parking structure
entrance at the mid-point between Block 1 and 2
that permits retail visitors easy and quick access
to the parking structure from Perimeter Road
Block 3
Mixed-Use Block 3 faces Town Square West and
Stevens Creek Boulevard and is comprised of
approximately 160,000 square feet of retail and
residential. The approximately 175 feet long by
175 feet wide block houses a ground floor of
retail as part of the Retail promenade with a
residential entry lobby and ground floor amenity
that has a floor to floor height of 16 feet. Above
the ground floor are 4 stories of approximately 75
residential apartments containing a mix of
studios, one bedrooms, two bedrooms, and
penthouse units with various residential
amenities.
Block 4
Mixed-Use Block 4 has the prominent face
opposite the AMC Theater on Town Square West
and is comprised of approximately 400,000
square feet of retail, residential, and parking. The
approximately 335 feet long and 175 feet wide
block houses ground floor retail as part of the
retail promenade. Ground level residential
entrance lobbies, amenities, and retail have a
floor to floor height of 16 feet. Above are six
stories of approximately 200 residential
apartments containing a mix of studios, one
bedrooms, two bedrooms, and penthouse units.
Planned in this block is an above-grade
structured parking to the rear of the residential
units.
Blocks 5 and 6
Mixed-Use Blocks 5 and 6 are connected at the
upper floors across 6th Street. They are located
at the northwest corner at Perimeter Road and
are comprised of approximately 310,000 square
feet of the most up-to-date entertainment,
recreation, sports, and dining. The approximately
920 feet by 175 feet block houses the
entertainment and recreation heart, including
AMC Theater, bowling alley, ice rink, and fitness
center.
The basement parking for Blocks 5 and 6 will be
accessible via Perimeter Road.
Block 7
Mixed-Use Block 7 is at the corner of Vallco and
Wolfe Road and is comprised of approximately
130,000 square feet of retail, residential, and
amenity spaces. The approximately 175 feet by
145 feet block houses a ground floor of retail as
part of the retail promenade and a residential
entry lobby that has a floor to floor height of 16
feet. Above the ground floor there are four stories
of residential apartments containing a mix of
studios, one bedroom, two bedroom, and
penthouse apartments. Approximately 70 units
are planned in this block with various residential
amenities such as storage, fitness, and other
functions for the local residents.
Block 8
Mixed-Use Block 8 is comprised of
approximately 440,000 square feet of retail,
41
Block Description
The Hills at Vallco | Project Description | September 2015
residential, and above grade parking. The
approximately 465 feet by 140 feet block houses
a ground floor of retail, residential entry lobbies,
and amenities that have a floor to floor height of
16 feet. Above the ground floor are six stories of
residential apartments containing a mix of
studios, one bedrooms, two bedrooms, and
penthouse units. Approximately 235 units are
planned in this block with structured parking to
the rear of the residential units. Market Hall is
located at the ground floor on the north side of
Block 8.
Block 9
Mixed-Use Block 9 has prime frontage along
Wolfe Road, Vallco Parkway, and Town Square
West, and is comprised of approximately
360,000 square feet of retail, residential, and
offices. The approximately 495 feet by 140 feet
block houses ground floor retail and commercial
offices with a floor to floor height of 16 feet.
Above the ground floor will be six stories of most
up-to-date, efficient and flexible Class-A office
space with a floor to floor height of 15 feet.
Connecting through Block 9 is the pedestrian
Wolfe Road crossing that takes visitors from
Town Square West to the roof and to Town
Square East across Block 11.
Above the ground floor are 4 to 6 stories of
residential apartments containing a mix of
studios, one bedrooms, two bedrooms, and
penthouse units. The approximate 90 units are
mixed with various residential amenities.
Block 10
Mixed-Use Block 10 has prime frontage along
Wolfe Road and is comprised of approximately
315,000 square feet of retail and offices. The
approximately 405 feet by 140 feet block houses
ground floor retail and commercial offices with a
floor to floor height of 16 feet. Above the ground
floor will be four stories of most up-to-date Class-
A office space with a floor to floor height of 15
feet.
Similar to Block 12, Block 10 has two primary
entry points to the below-grade parking structure.
Block 11
Mixed-Use Block 11 has prime frontage along
Town Square East, Wolfe Road, and Vallco
Parkway and is comprised of approximately
265,000 square feet of retail and offices. The
approximately 475 feet by 140 feet block houses
ground floor retail and commercial offices with a
floor to floor height of 16 feet. Above the ground
floor will be three stories of most up-to-date,
efficient and flexible Class-A office space with a
floor to floor height of 15 feet.
Connecting through Block 11 is the pedestrian
Wolfe Road crossing that takes visitors from
Town Square East to the roof and to Town
Square East across Block 9.
Block 11 has an entrance to the underground
parking structure serving the office structures
and mitigates traffic flow back onto Vallco
Parkway.
Block 12
Mixed-Use Block 12 has prime frontage along
Town Square East and Wolfe Road and is
comprised of approximately 240,000 square feet
of retail and offices. The approximately 405 feet
by 140 feet block houses ground floor retail and
commercial offices with a floor to floor height of
16 feet. Above the ground floor will be three
stories of most up-to-date, efficient, and flexible
Class-A office space with a floor to floor height of
15 feet.
Block 12 has two entry points to the below-grade
parking structure. The first is along Perimeter
Road where the decline in grade to go beneath
Wolfe Road provides an easy and convenient
access point to the parking basement. The at-
grade parking exiting along Wolfe Road will
assist in providing egress from the parking
structure without congesting the Hills at Vallco
with cueing vehicles.
42
The Hills at Vallco | Project Description | September 2015
Block 13
Mixed-Use Block 13 has prime frontage along
Town Square East and Vallco Parkway and is
comprised of approximately 330,000 square feet
of retail and offices. The approximately 375 feet
by 140 feet block integrates ground floor retail
and commercial offices with a floor to floor height
of 16 feet. Above the ground floor will be five
levels of most up-to-date Class-A office space
with a floor to floor height of 15 feet that is
flexible for a multitude of tenant fit-outs and
different leasing configurations.
Block 14
Mixed-Use Block 14 has prime frontage along
Town Square East and is comprised of
approximately 280,000 square feet of retail and
offices. The approximately 260 feet by 140 feet
block integrates ground floor retail and
commercial offices with a floor to floor height of
16 feet. Above the ground floor will be five stories
of most up-to-date Class-A office space with a
floor to floor height of 15 feet that is flexible for a
multitude of tenant fit-outs and different leasing
configurations.
Block 15
Mixed-Use Block 15 has frontage along Vallco
Parkway and is comprised of approximately
460,000 square feet of retail and offices. This
approximately 490 feet by 140 feet block
integrates ground floor retail and most up-to-date
Class-A offices with a floor to floor height of 16
feet. Above, there are six levels of Class-A office
space with a floor to floor height of 15 feet. This
block is adjacent to the transit center serving the
offices.
Block 16
Mixed-Use Block 16 is comprised of
approximately 390,000 square feet of retail,
parking, and central plant spaces. The
approximately 425 feet by 140 feet block
integrates ground floor retail and parking with a
floor to floor height of 16 feet. Above, there are
eight parking levels containing approximately
1,000 cars with a floor to floor height of 10 feet.
On the top floors is the Central Plant located,
which will be shielded from views from the
adjacent neighborhoods.
43
The Hills at Vallco | Project Description | September 2015
44
Buildings Mixed-Use
Block 1 Retail, Residential, Amenities, Parking
Block 2 Retail, Residential, Amenities, Parking
Block 3 Retail, Residential, Amenities
Block 4 Retail, Residential, Amenities, Parking
Block 5 Retail, Entertainment, Recreation, Sports, Amenities
Block 6 Retail, Entertainment, Recreation, Sports, Amenities
Block 7 Retail, Residential, Amenities
Block 8 Retail, Residential, Amenities, Parking
Block 9 Retail, Residential, Office, Amenities
Block 10 Retail, Office, Amenities
Block 11 Retail, Office, Amenities
Block 12 Retail, Office, Amenities
Block 13 Retail, Office, Amenities
Block 14 Retail, Office, Amenities
Block 15 Retail, Office, Amenities
Block 16 Retail, Parking, Amenities, Central Plant
The Hills at Vallco | Project Description | September 2015
Site Information
Site Area (acres)50.8 acres
Site Net Area (acres)to be determined in collaboration with Cupertino
Site Coverage (percent)to be determined in collaboration with Cupertino
Total Hardscape Area (acres)to be determined in collaboration with Cupertino
Total Softscape Area (acres) to be determined in collaboration with Cupertino
Accessible Open Space Area
(acres)30 acres
Entitlements and Planning
General Plan Land Use
Designation
Commercial, Office, Hotel,
Residential
Zoning Designation Specific Plan,
Conformance Zoning
General Plan Special Area Vallco Shopping District adjacent to Heart of the City and
South Vallco Park Gateway
Proposed Uses Commercial, Office, Residential,
Civic, Open Space, Amenities
Hours of Operation to be determined
Number of Employees to be determined
Parking Spaces 9,175 total per Cupertino Zoning Code
Basement Parking 6,000 included in total spaces
LEED Goal Platinum Cupertino requires Silver
Number of Existing Trees 894
Number of Retained Trees 522
Number of Protected Trees 6 all 6 to be transplanted on site
Number of Proposed Trees 1,807 including retained trees
Site Grade Elevations
(feet above sea level)175' - 195'following existing topography
Soil Excavation/Off-Haul
(cubic yards)2,200,000
Top Soil Import (cubic yards)168,000
45
Data Table
The Hills at Vallco | Project Description | September 2015
Building Information
Program Allocation
Commercial and Civic Area
(square feet)625,000
family friendly retail and
entertainment, including
restaurants, shops, AMC
Theater, ice rink, bowling alley,
community center, high school
Innovation Center, transit center,
or public amenities
Market Rate Apartments
Below Market Rate Apartments
Senior Apartments
680
80
40
10 % studios
40 % one bedroom
10 % one bedroom + den
38 % two bedroom
2 % penthouse
Office Area
(square feet)2,000,000
potential for incubators, start-
ups, emerging, or established
Silicon Valley companies
Hotel Rooms 0 148 rooms are existing in Vallco
Shopping District
Ancillary and Amenity Program
Residential and Office Amenities
Area (square feet)200,000
fitness center, conference
center, cafeteria, atrium,
pedestrian bridge, transit center,
or rooftop amenity spaces
Testing and Workshop Area
(square feet)175,000 office support spaces
Central Plant Area
(square feet)35,000
Loading, Facility and Security
Management Area
(square feet)
75,000
Building Heights
West of Wolfe Road
Building Blocks
0’ Perimeter Road
80’ center of site
70' Wolfe Road
83' - existing AMC Theater height
at Wolfe Road
East of Wolfe Road
Building Blocks
60’ Wolfe Road
110’ Hwy. 280
Rooftop Open Space
Amenity Spaces
single level pavilions in select
locations
46
The Hills at Vallco | Project Description | September 2015
47
The Hills at Vallco | Project Description | September 2015
Owner
Vallco Property Owner, LLC
Architect
Rafael Viñoly Architects
Landscape Architect
OLIN Partnership, LTD.
Civil Engineer
Sandis Civil Engineers Surveys Planner, Inc.
Transportation Engineer
ARUP North America, LTD.
Parking Planner
Watry Design, Inc.
Masterplan Consultant
Wolfgang Wagener
Retail Consultant
MRA International, Inc.
Open Space Consultant
HR&A Advisors, Inc.
School Consultant
SCI Consulting
Economic Impact Consultant
Keyser Marston Associates
Connectivity Consultant
Nelson Nygaard Consulting
Greenhouse Gas Emissions Consultant
Ramboll Environ
Recycled Water Consultant
Luk and Associates
Structural Engineer
Nabih Youssef Associates
Consulting Structural Engineer
DCI Engineers
Mechanical Engineer
ME Engineers
Climate Responsive Design Consultant
Transsolar
Sustainability Consultant
ARUP
LEED Consultant
Brightworks
48
Acknowledgements
THE HILLS AT VALLCO DRAFT EIR PROJECT DESCRIPTION
The attached Draft EIR Project Description (December 8, 2015) was a working draft by the City and
its consultants for The Hills at Vallco EIR. The CEQA process (including the finalization of the EIR
project description) was placed on-hold indefinitely due to the Initiative. For this reason, the
attached project description is in draft form.
APPENDIX 8B
Vallco Shopping District Specific Plan/ City of Cupertino
The Hills at Vallco (SCH# 2015102044) 1 Administrative Draft EIR, November 2015
SECTION 1.0 PROJECT INFORMATION
1.1 PROJECT LOCATION AND EXISTING DEVELOPMENT/USES
The approximately 58-acre Specific Plan area consists of multiple parcels 1 and is located at the North
Wolfe Road/Vallco Parkway and North Wolfe Road/Stevens Creek Boulevard intersections in the
City of Cupertino. The Specific Plan area is developed with the Vallco Shopping Mall. Regional
and vicinity maps of the Specific Plan area are shown on Figures 1.1-1 and 1.1-2, respectively.
The western portion of the Specific Plan area, west of North Wolfe Road, is approximately 38 acres
in size and bounded by Interstate 280 (I-280) to the north, North Wolfe Road to the east, Stevens
Creek Boulevard to the south, and Perimeter Road to the west. The western portion of the Specific
Plan area is currently developed with several buildings: a primary mall building which connects two
former anchor stores (Macy’s and Sears), a fitness gym (a satellite building formerly a Sears Auto
Center), a satellite restaurant building (formerly TGI Fridays), three parking structures, and surface
parking lots.
The eastern portion of the Specific Plan area, east of North Wolfe Road, is approximately 19 acres in
size and bounded by I-280 to the north, Perimeter Road to the east, Vallco Parkway to the south, and
North Wolfe Road to the west. The eastern portion of the Specific Plan area is developed with a
secondary mall building with an ice skating rink, bowling alley, and one anchor store (JCPenney),
mall retail shops, food court, a satellite restaurant building (Alexander’s Steakhouse), a parking
structure, and surface parking lots. A 148-room hotel was recently approved on the northern portion
of the eastern portion (Hyatt House Hotel2) on land owned by KCR Development (refer to Figure
1.1-3).
An enclosed, pedestrian bridge connects the mall buildings on the east and west sides of North Wolfe
Road. The enclosed bridge consists of retail shops on either side of an enclosed pedestrian walkway.
An aerial photograph of the Specific Plan area and the surrounding land uses is shown on Figure 1.1-
3. The surrounding land uses include residential and commercial uses to the west; a freeway (I-280),
hotel, residential, and office uses to the north; commercial, office, and residential mixed-uses to the
east; and commercial uses to the south.
1 Assessor Parcel Numbers: 316-20-080, -081, -082, -088, -092, -094, -095, -099, -100, -101, -103, -104, -105, -105,
and -107.
2 Application Nos. DP-2014-04, ASA-2014-06, U-2014-04, EXC-2014-07, TR-2014-28, TR-2014-40.
Section 1.0 – Project Information
Vallco Shopping District Specific Plan/ City of Cupertino
The Hills at Vallco (SCH# 2015102044) 2 Administrative Draft EIR, November 2015
1.2 EXISTING GENERAL PLAN AND ZONING DESIGNATIONS
The City of Cupertino is organized into 21 General Plan “Planning Areas,” consisting of nine
“Special Areas” and 12 “Neighborhoods.” The Vallco Shopping District Special Area is the Specific
Plan area. The Vallco Shopping District Special Area is designated as
Commercial/Office/Residential in the City’s Land Use Map. The Commercial/Office/Residential
land use designation applies to mixed-use areas that are predominantly commercial and office uses.
Supporting residential uses may be allowed to offset job growth, to better balance the citywide jobs
to housing ratio, and when they are compatible with the primarily non-residential character of the
area. Development, both residential and non-residential, is subject to the numerical caps and other
policies in the City’s General Plan.
The Vallco Shopping District is also identified as a Priority Housing Element Site (Site A2) with 389
units allocated to the site in the General Plan Housing Element. Assuming a Specific Plan for the site
is adopted by May 31, 2018, pursuant to General Plan Housing Element Strategy 1, the Vallco
Shopping District is allocated 1.2 million square feet of commercial uses (which consists of a
minimum 600,000 square feet of retail uses, of which a maximum of 30 percent may be
entertainment uses), 2.0 million square feet of office uses, 339 hotel rooms, and 389 residential
dwelling units as specified in the City’s Housing Element. Pursuant to General Plan Strategy LU-
1.2.1, development allocations may be transferred between Planning Areas provided no significant
environmental impacts are identified beyond those already studied in the Community Vision 2040
Final EIR (SCH# 2014032007).3
The Specific Plan area is zoned P(Regional Shopping) – Planned Development Regional Shopping
north of Vallco Parkway, and P(CG) – Planned Development General Commercial south of Vallco
Parkway (west of North Wolfe Road).
3 Community Vision 2040 Final EIR analyzed the development of up to 1.2 million square feet of commercial uses,
2.0 million square feet of office uses, 339 hotel rooms, and 800 residential dwelling units within the Vallco
Shopping District area. There is residential allocation available in other Planning Areas which may be transferred to
the Vallco Shopping District without the need to amend the General Plan.
Section 1.0 – Project Information
Vallco Shopping District Specific Plan/ City of Cupertino
The Hills at Vallco (SCH# 2015102044) 3 Administrative Draft EIR, November 2015
1.3 BACKGROUND INFORMATION
In the 1960s, 25 Cupertino families and property owners came together to develop the overall
scheme for the 300-acre business park known as Vallco Park. The name “Vallco” was constructed
from the first initials of each of the primary developers: Varian Associates and the Leonard, Lester,
Craft, and Orlando families. This included properties to the north and south of I-280 – currently both
the North Vallco Park Planning Area, South Vallco Park Planning Area, and the Vallco Shopping
District.
Ten years later, Vallco Shopping Mall was established as an approximately 50-acre retail component
within the larger 300-acre business park. Vallco Shopping Mall opened under the brand Vallco
Fashion Park in September 1976. When it was opened, Vallco Fashion Park was one of the largest
shopping malls in Silicon Valley, drawing visitors from throughout the region. Vallco Shopping
Mall thrived from the mid-1970s to the mid-1980s.
By the mid-1980s, Vallco Shopping Mall had begun to suffer from the inability to respond to the
changing demands of consumers and markets. Constraining factors included fragmented ownership,
reciprocal real estate agreements that restricted improvements unless agreed upon by all owners,
outdated infrastructure, inefficient parking layout, closure of anchor stores, and regional and sub-
regional competition.
Occupancy began to deteriorate at an accelerated rate in the 1990s and mall tenancy and quality of
tenants continued steadily declining into the mid-2000s. In the early 1990’s the mall had tried to
increase the mall occupancy by adding tenant space in the basement of the mall structure, however,
by the mid 2000’s due to the undesirability of these spaces, the mall boarded off access to this area of
the mall. In 2015, occupancy has dwindled to the point where vacant and papered storefronts
outnumber active storefronts. A handful of mall tenants, including AMC Theater, have continued to
perform well even throughout Vallco Shopping Mall’s leanest years.
In December 2014, the City Council adopted new General Plan goals, policies, and strategies
specifically relating to the Vallco Shopping District Special Area, within which Vallco Shopping
Mall is located. The City envisions a complete redevelopment of Vallco Shopping Mall site into a
“vibrant mixed-use town center” that is a focal point for regional visitors and the community.4 To
realize this community vision, the General Plan “requires a master developer in order to remove the
obstacles to the development of a cohesive district.”5
In December 2014, Sand Hill Property Company assembled approximately 50 acres within the
Vallco Shopping District. The remaining seven acres within the Vallco Shopping District are owned
by SIMEON and KCR Development. In October 2014, the City Council approved the development
of a 148-room, five-story hotel on the KCR Development property.6
4 City of Cupertino. Cupertino Community Vision 2040. December 4, 2014. Page LU-54.
5 General Plan Strategy LU-19.1.1.
6 Application Nos. DP-2014-04, ASA-2014-06, U-2014-04, EXC-2014-07, TR-2014-28, TR-2014-40.
Section 1.0 – Project Information
Vallco Shopping District Specific Plan/ City of Cupertino
The Hills at Vallco (SCH# 2015102044) 4 Administrative Draft EIR, November 2015
1.4 PROJECT DESCRIPTION
The proposed project consists of two components: 1) the Vallco Shopping District Specific Plan and
2) The Hills at Vallco project. These two components are described in detail below.
1.4.1 Vallco Shopping District Specific Plan
[Note to City: This section to be completed pending submittal of Specific Plan, which will
include assumptions for the SIMEON parcel]
1.4.2 The Hills at Vallco Project
The Hills at Vallco is a redevelopment project proposed on the southern 50 acres of the Specific Plan
area (hereinafter referred to as the “project site”). Development of the northern seven acres of the
Specific Plan area is not proposed as part of The Hills at Vallco project.7
The Hills at Vallco project would include demolishing the existing buildings (mall, fitness gym, and
restaurant buildings) and parking facilities on-site and removing the existing pattern of internal
driveways and constructing a mixed-use “Town Center” with up to 650,000 square feet of
commercial uses (including retail, restaurant, event, entertainment, and fitness uses),8 2.0 million
square feet of office uses, and 800 residential units. The proposed office and residential uses would
include additional amenity space, which is described in Section 1.4.2.1 below. In addition,
approximately 40,000 square feet of civic/community space is proposed.
The Hills at Vallco project includes 411 more residential units than allocated to the Vallco Shopping
District area in the City’s Housing Element. However, the City’s General Plan has additional
housing units available in other Planning Areas that are not allocated to specific Housing Element
sites. Pursuant to General Plan Strategy LU-1.2.1, development allocations may be transferred
among Planning Areas provided no significant environmental impacts are identified beyond those
already studied in the Community Vision 2040 Final EIR (SCH# 2014032007). While the General
Plan Housing Element allocation for the site is 389 units, the Community Vision 2040 Final EIR
analyzed the development of up to 800 residential dwelling units on the site and there is adequate
allocation in the General Plan to consider 411 additional units.
The Hills at Vallco project would consist of a 16-block layout of buildings, two central town square
plazas, and open space along a system of surface streets with the proposed land uses mixed both
vertically and horizontally. For all the blocks, the ground floor level would include retail uses and
the upper floors would have commercial (including entertainment), residential, and/or office uses. In
Blocks 9-16, office uses would also occupy the ground floor level. A map showing the blocks and
proposed uses for each block is shown on Figure 1.4-X.
7 The northern seven acres consists of two parcels, one owned by SIMEON and the other by KCR Development. A
148-room hotel (Hyatt House Hotel) was recently approved on the two-acre parcel owned by KCR Development.
8 The total 650,000 square feet of proposed commercial uses would be broken down as follows: a minimum of
420,000 square feet would be retail/restaurant uses, food establishments, and limited personal services; 180,000
square feet of which could be entertainment uses, and 50,000 square feet could be fitness uses.
Section 1.0 – Project Information
Vallco Shopping District Specific Plan/ City of Cupertino
The Hills at Vallco (SCH# 2015102044) 5 Administrative Draft EIR, November 2015
It is intended that blocks at the southwest corner of the project site (Blocks 1-4, 7, and 8) would
consist of a mix of commercial and residential uses. Blocks 5 and 6 at the northwest corner of the
development site are proposed for commercial uses, including entertainment and retail uses
(including a movie theater, bowling alley, fitness center, and ice rink). Block 9 would consist of a
mix of commercial, office, and residential uses. Blocks 10-15 would consist of a mix of commercial
and office uses. Block 16 would consist of commercial uses and a Central Plant, which is discussed
in detail under Utility Improvements.
The proposed building heights would be within the maximum building heights identified for the
Vallco Shopping District Specific Plan. Buildings on the western portion of the site, on the west side
of North Wolfe Road, would be up to seven stories tall with a maximum building height of 80 feet.
The green roof on the western portion of the site would be up to 92 feet above ground level, with
rooftop buildings up to 102 feet above ground level. Buildings on the eastern portion of the site, on
the east side of North Wolfe Road, would be up to nine stories tall with a maximum building height
of 109 feet. The green roof on the eastern portion of the site would be up to 116 feet above ground,
with rooftop buildings up to 131 feet above ground.
The proposed building setbacks would be within the setbacks in the proposed Specific Plan.
Buildings would be setback at least 35 feet from the curb on Stevens Creek Boulevard, at least 25
feet from the curb on Vallco Parkway, at least 41 feet from the predominate curb line on North Wolfe
Road, and at least eight feet from the curb on Perimeter Road.
The Hills at Vallco project includes common open space (including two town squares totaling
approximately three acres and a 30-acre green roof) and landscaping, utility and transportation
infrastructure improvements, and school improvements. The proposed land uses and these other
project components are described below. A summary of the proposed project is provided in Table
1.4-1 at the end of this section.
1.4.2.1 Land Uses
Commercial Uses
The Hills at Vallco proposes 650,000 square feet of commercial uses on-site in the following
categories:
• 600,000 square feet would be retail/restaurant/event/entertainment uses, of which:
− 420,000 square feet would be retail/restaurant uses including large and small retail stores,
food establishments and limited personal services; and
− 180,000 square feet of which could be entertainment uses such as a movie theater (AMC
Theater), ice rink, and bowling alley.
• 50,000 square feet of indoor fitness uses.
Section 1.0 – Project Information
Vallco Shopping District Specific Plan/ City of Cupertino
The Hills at Vallco (SCH# 2015102044) 6 Administrative Draft EIR, November 2015
Office Uses
Two million square feet of “Class-A” office space, including ancillary amenity spaces consisting of
fitness centers, shower and changing facilities for employees, a conference/event center, and
cafeterias, is proposed on-site. There would be an additional 345,000 square foot office amenity
space including:
• A 20,000 square foot conference hall on the green roof,
• A 15,000 square foot cafeteria/fitness center on the green roof,
• 175,000 square feet of testing and workshop area distributed throughout Blocks 11-16, and
• 135,000 square feet of meeting facilities, atrium, and other amenity spaces distributed
throughout Blocks 11-16.
Residential Uses
The Hills at Vallco would include 800 residential units consisting of 680 market-rate apartments, 80
below-market rate apartments, and 40 market-rate senior apartments. The residential uses would
include in-building amenities such as fitness, clubhouse, small format meeting rooms, resident
lounges, multi-media rooms, communal kitchens, and bike rooms within the residential mixed use
building. An additional 25,000 square feet of ancillary amenity space for the residential uses is
proposed on the green roof and would include a fitness center, clubhouse, and pool.
Other Uses
Civic/Community Uses
The Hills at Vallco would include approximately 40,000 square feet of civic/community uses
including an approximately 20,000 square foot community serving banquet hall on the green roof, an
approximately 10,000 square foot high school “Innovation Center” located on the western portion of
the site, approximately 5,000 square feet of civic meeting space located on the western portion of the
site, and an approximately 5,000 square foot building for the “Multi-Modal Transit Center.” The
high school Innovation Center is described in more detail in Section 1.4.2.6 and the Multi-Modal
Transit Center is described in more detail in Section 1.4.2.5.
Loading and Facility Management Uses
The Hills at Vallco would include approximately 75,000 square feet of loading, storage, facility, and
security management space integrated into each block to serve the retail, office, and residential uses
on-site.
Section 1.0 – Project Information
Vallco Shopping District Specific Plan/ City of Cupertino
The Hills at Vallco (SCH# 2015102044) 7 Administrative Draft EIR, November 2015
1.4.2.2 Common Open Spaces and Landscaping
Town Squares
The Hills at Vallco would include two town squares: Town Square West on the west side of North
Wolfe Road and Town Square East on the east side of North Wolfe Road (refer to Figure 1.4-X).
Town Square West would be approximately 1.8 acres in size and Town Square East would be
approximately 1.1 acres in size. Both town squares would be programmable green space that would
act as a civic/community amenity and park.
Town Square West would be designed with a lawn, enhanced hardscape, landscaping (including
trees), and seating that would create a gathering space for outdoor events such as concerts, cultural
events, outdoor performances, and movies. These areas would be surrounded by hardscape that
could also host events and festivals or serve as exterior dining or social space. The applicant
proposes to have the flexibility to close some of the streets around the Town Square West to host
events and festivals.
Town Square East would be an open green space area that would serve as an amenity for the
surrounding retail and office blocks. Town Square East would include public open space features
such as a water feature, landscaping (including trees), and seating.
Direct pedestrian access to the below-ground parking garages would be provided from both town
squares.
Green Roof
The Hills at Vallco project would include a 30-acre green roof. The topography of the green roof
would vary and expand over the tops of the buildings on-site, and would eventually come to existing
grade at the western boundary of the site at Stevens Creek Boulevard. The green roof would include
landscaping and active and passive open spaces. The rooftop landscaping would consist of native
and/or drought tolerant species such as native oak trees, manzanita, needlegrass, and native sedges.
Not all areas of the green roof would be accessible to the public. The proposed green roof would
consist of the following five open space areas:
1. Oak Grove – The oak grove would be located on the western edge of the site and would
provide at-grade public pedestrian access to the green roof from Stevens Creek Boulevard.
This edge would be planted with canopy trees that would serve as a visual buffer to the
adjacent residential neighborhood.
2. Community Activities – The community activities would be located in the center of the green
roof and include active programmatic uses including a large play space and garden for
children, community meeting spaces, and amphitheater and performance spaces. Amenities
such as a café and wine bar may also be located within this area.
3. Vineyards – The vineyards would be located in the northeastern portion of the roof and
would include trails, as well as gathering and performance spaces.
Section 1.0 – Project Information
Vallco Shopping District Specific Plan/ City of Cupertino
The Hills at Vallco (SCH# 2015102044) 8 Administrative Draft EIR, November 2015
4. Orchards – The orchards would include fruit trees and be located on the roof at the northwest
corner of Stevens Creek Boulevard and Wolfe Road. It is envisioned that the orchards,
together with the vineyards, would provide the community with agricultural-related
educational and seasonal activities.
5. Nature Preserve – The nature preserve would be located on the eastern and western portions
of the roof. The nature preserve would include open areas, landscaping, and trails, as well as
stormwater treatment control measures.
The green roof would include nine pavilions totaling approximately 115,000 square feet at various
locations on the roof (see Figure 1.4-X). These pavilions would serve a variety of purposes and
would be for community use, retail use, residential use, or office use.
Much of the green roof would be accessible to the general public. Some areas, however, would be
limited to the residents and office employees. The building square footages on the green roof would
be allocated as follows:
• A total of 35,000 square feet for commercial uses (i.e., 5,000 square foot wine tasting area,
20,000 square feet of retail pavilions, and a 10,000 square foot fitness area);
• 35,000 square feet for office uses (20,000 square foot conference hall and 15,000
cafeteria/fitness area); and
• 25,000 square feet for residential uses (e.g., fitness center, clubhouse, and pool)
• 20,000 square feet for a civic/community banquet hall.
The proposed open space areas and amenities on the green roof are shown on Figure 1.4-X.
Landscaping
Most of the landscaping on-site would be on the green roof, with additional landscaping in the town
squares and along the perimeter of the site and internal streets. The Hills at Vallco project would
preserve over 500 existing trees on-site and plant approximately 900 new trees on-site. The
landscaping and trees on-site would be irrigated with non-potable water from sources such as
municipal recycled water or on-site greywater and stormwater capture. Conceptual landscape plans
are shown on Figures 1.4-X – X.
1.4.2.3 Site Access, Circulation, and Parking
Vehicular Access and Parking
As shown on Figure 1.4-X, vehicles would access the site from driveways on Stevens Creek
Boulevard, Perimeter Road, Vallco Parkway, and North Wolfe Road. The Hills at Vallco would be
designed with a grid street pattern within the site, with Avenues A through D running north to south
and 1st through 7th Streets running east to west.
Section 1.0 – Project Information
Vallco Shopping District Specific Plan/ City of Cupertino
The Hills at Vallco (SCH# 2015102044) 9 Administrative Draft EIR, November 2015
The Hills at Vallco would provide parking in accordance with the City’s Municipal Code parking
regulations outlined in Municipal Code Chapter 19.124. It is estimated that the project would include
a total of approximately 9,175 parking spaces, which would be provided in a below-ground parking
structure, on-street, and above-ground parking structures with a parking guidance system that would
direct vehicles to available parking spaces. Access to the parking facilities would be provided from
North Wolfe Road, Perimeter Road, and proposed internal streets, as shown on Figure 1.4-X.
Below-Ground Parking Structures
Parking for the proposed commercial uses, as well as some residential and office uses, would be
provided in two large underground parking garages connected by a tunnel. The underground parking
garages would be located under the entire project site and would include approximately 6,580
parking spaces. The below-ground parking garage on the west side of North Wolfe Road would be
one level and the below-ground parking garage on the east side of North Wolfe Road would be two
levels. A new tunnel under North Wolfe Road would be constructed to allow vehicular circulation
between two below-ground parking garages.
On-Street Parking and Above-Ground Parking Structures
The remaining 2,595 parking spaces would be provided on streets within the project site and in
above-ground parking structures. The on-street parking on-site is proposed to be short-term parking.
Long-term parking for the proposed residential and office uses would be provided in designated
parking structures that would be integrated into the blocks where the uses are proposed (Blocks 1, 2,
4, 8, and 16).
The parking facilities on-site are shown on Figures 1.4-X – X.
Transit Access
The proposed transit circulation for The Hills at Vallco is shown on Figure 1.4-X. As part of The
Hills at Vallco, the existing VTA bus stops on Stevens Creek Boulevard, Wolfe Road, and Vallco
Parkway would be improved by providing duck-outs and enhanced bus shelters per VTA
recommendations and lengthening the stops where necessary to accommodate multiple buses at one
time. It is intended that the existing bus stop on the north side of Stevens Creek Boulevard between
Wolfe Road and Perimeter Road would function as part of the proposed “Multi-Modal Transit
Center” where the proposed community shuttle (described below under Infrastructure
Improvements), VTA buses (specifically bus route 23 and 323), future Bus Rapid Transit, corporate
shuttles, and sharing economy transportation services (e.g., rideshare, bikeshare, and Zipcar) would
stop. It is envisioned that the Multi-Modal Transit Center would be an information center, drop-off
point, bike sharing distribution point, and stop for the community shuttle and other forms public
transit.
In addition, The Hills at Vallco would include dedicated curbside areas for commuter shuttles and a
complementary community shuttle (in coordination and partnership with the City, VTA, and
corporate employers) near the intersection of Vallco Parkway and Perimeter Road. The proposed
Section 1.0 – Project Information
Vallco Shopping District Specific Plan/ City of Cupertino
The Hills at Vallco (SCH# 2015102044) 10 Administrative Draft EIR, November 2015
transportation infrastructure improvements are described in more detail below in Section 1.4.2.5
below.
Bicycle Access
The proposed bicycle facilities on-site are shown on Figure 1.4-X. Bicycle facilities, including bike
trails and Class I-III bikeways, would follow the proposed street grid pattern. The proposed bicycle
facilities on-site would connect to the existing bikeways on North Wolfe Road, Vallco Parkway, and
Stevens Creek Boulevard. Within the project site, bike improvements such as bike lanes painted
green, bike lane sharing arrows (sharrows), and bike boxes are proposed.9 A shared use path for
bicyclists and pedestrians is proposed on Perimeter Road.
Short-term bicycle parking racks would be provided in areas accessible to the public and other users
of the site. In addition, bicycle lockers, indoor bicycle parking, and charging areas for electric
bicycles would be provided throughout the project site. Bicycle repair stations, which would include
tools necessary to perform basic bike repairs and maintenance such as bike pumps and work stands,
are also proposed throughout the site. Within the proposed mixed-use office buildings, showers and
changing facilities for office employees would be provided. A bike hub is proposed on the western
portion of the project site and would include community space, bike repair services, and retail
services operated by a third party vender.
Pedestrian Access
The proposed pedestrian facilities on-site are shown on Figure 1.4-X. All pedestrian connections
and facilities would meet Americans with Disabilities Act (ADA) accessibility standards.
Pedestrian sidewalks would follow the proposed street grid pattern. To accommodate the proposed
bicycle lanes and designated commuter shuttle curbside stop areas on Perimeter Road, the sidewalks
on the opposite side of the development site on Perimeter Road would be reconfigured. The Hills at
Vallco project includes replacing the existing enclosed bridge over North Wolfe Road with a
pedestrian bridge that would connect the town squares East and West (refer to Figure 1.4-X).
Pedestrians would be able to access the proposed green roof from the town squares, at the
intersection of Perimeter Road and Stevens Creek Boulevard, and near the intersection of North
Wolfe Road and Vallco Parkway. Figure 1.4-X shows the pedestrian access points to the green roof,
as well as the meandering pedestrian pathways on the roof. In addition, the proposed green roof
would also connect across North Wolfe Road above the pedestrian bridge. The project also would
include pedestrian connections to the two properties north of Perimeter Road (the SIMEON property
and the KCR Development/Hyatt House property) and the future I-280 trail.
9 A bike box is a designated area at the head of a traffic lane at a signalized intersection that provides bicyclists with
a safer and more visible way to get in front of queuing traffic during the red signal phase.
Section 1.0 – Project Information
Vallco Shopping District Specific Plan/ City of Cupertino
The Hills at Vallco (SCH# 2015102044) 11 Administrative Draft EIR, November 2015
Transportation Demand Management Program
The Hills at Vallco includes a Transportation Demand Management (TDM) program to encourage
alternative modes of transportation to single-occupancy vehicle trips. Specifically, the TDM
program may include trip reduction features such as:
• Carpool, carshare, and rideshare;
• Complementary community shuttle in coordination and partnership with the City, VTA, and
corporate employers;
• Bicycle repair stations, hub, parking, and wayfinding features on-site;
• Shower and changing facilities for office employees on-site;
• A Multi-Modal Transit Center on-site that supports carpool, carshare, and rideshare
programs;
• Electric vehicle parking on-site; and
• Financial incentives for future tenants and employees to walk, bicycle, or take transit.
1.4.2.4 Utility Improvements
Central Plant
The Hills at Vallco includes a “Central Plant” at the northern portion of Block 16, adjacent to I-280.
The Central Plant would provide centralized heating and cooling to the project. The Central Plant
would consist of a 10,000 ton condenser water system which would serve as a heat sink/source for
individual water cooled HVAC systems throughout the development. In addition, a 16,000 ton per
hour ice plant would be used for off hour thermal storage.
The Central Plant would contain cooling towers in the upper stories of the parking structure on the
northeast corner of the project site. The Central Plant would house conventional cooling and heating
equipment including a boiler plant, a pump house, and switchgear. The heat pumped water for
heating and cooling of the buildings on-site would be distributed throughout the site from the Central
Plant via piping installed in the below-ground parking area.
Emergency Back-Up Generators
The project includes back-up generators to power the site in the event of a power outage. It is
anticipated that the project would include 20 back-up building generators and two back-up parking
garage generators.
Storm Drain
Currently, there is an existing storm drain line that runs north down North Wolfe Road and cuts
through a portion of the project site. The Hills at Vallco would redirect the existing stormwater
drainage on North Wolfe Road to flow to Vallco Parkway (instead of through the project site) and
then east down Vallco Parkway to the intersection with Perimeter Road. A new public storm drain is
proposed to be installed in Perimeter Road in the public utility easement for discharge into the Santa
Section 1.0 – Project Information
Vallco Shopping District Specific Plan/ City of Cupertino
The Hills at Vallco (SCH# 2015102044) 12 Administrative Draft EIR, November 2015
Clara Valley Water District Junipero Serra Channel located along I-280. All existing laterals and
catch basins at the project site are proposed to be reconnected to this new line. Figure 1.4-X shows
the existing and proposed storm drain system serving the project site.
Sanitary Sewer
Currently, there is an existing sewer main that runs north on North Wolfe Road and cuts through a
portion of the project site. The Hills at Vallco would reroute the main that flows north in North
Wolfe Road to flow to Vallco Parkway to the intersection with Perimeter Road. A new sewer main
is proposed in Perimeter Road within the public utility easement. The new pipe in Perimeter Road
would be connected to a pipe system that crosses I-280. All existing laterals in Vallco Parkway are
proposed to be reconnected to the new sewer main in Perimeter Road.
The existing pipe that crosses I-280 is not of sufficient size to serve the proposed development. The
existing sewer main line would need to be upsized, or a parallel pipe system would need to be
installed, in order to provide adequate sewer for the development and other properties currently
served by the main. Upsized (or parallel line) would need to extend from Perimeter Road, across I-
280, north on North Wolfe Road to the intersection of Pruneridge Ave. Sizing and extent of
improvements are dictated by the Cupertino Sanitary District’s sewer model. Figure 1.4-X shows the
existing and proposed options (upsizing and parallel line) for sewer service for the project site.
Water
Currently, there is an existing water main that runs north to south in North Wolfe Road and enters the
project site. The Hills at Vallco would reroute the main line that runs down North Wolfe Road and
direct it to new main lines in Perimeter Road. These new main lines would be reconnected to the
water main in I-280. All building fire water is proposed to be served by the new water mains in
Perimeter Road. Figure 1.4-X shows the existing and proposed water lines serving the project site.
Recycled Water
Recycled water infrastructure is currently being extended to serve the planned Apple Campus 2 and
Hamptons Apartments project north of the project site. The project includes the extension of the
recycled water infrastructure approximately 0.8 miles from Pruneridge Avenue, under I-280 to the
project site. Recycled water would be used on-site for irrigation and heating and cooling systems.
Other
The Hills at Vallco would connect to existing underground gas lines, communication lines, and
electric lines in the project area. [Note to Applicant: Are any PG&E upgrades required?]
Section 1.0 – Project Information
Vallco Shopping District Specific Plan/ City of Cupertino
The Hills at Vallco (SCH# 2015102044) 13 Administrative Draft EIR, November 2015
1.4.2.5 Transportation Improvements
Roadway/Vehicular Circulation Improvements
The Hills at Vallco includes a new signalized intersection on North Wolfe Road between Vallco
Parkway and the I-280 interchange to allow for left turns into the eastern portion of the project from
southbound North Wolfe Road. This intersection would replace the existing on and off ramps from
North Wolfe Road to Perimeter Road and would include bicycle and pedestrian crossings at grade
across North Wolfe Road. Adaptive traffic signal management improvements (i.e., traffic signal
timing upgrades) would also be completed between Stevens Creek Boulevard and I-280 to improve
vehicular traffic flow on North Wolfe Road.
The Hills at Vallco would modify the existing Perimeter Road tunnel to provide adequate height
clearance for service vehicles, trucks, and emergency vehicles and to build an additional tunnel under
North Wolfe Road to connect the parking basements on the east and west sides of North Wolfe Road.
Transit Improvements
The project proponent proposes to coordinate and partner with the City, VTA, and corporate
employers to fund a complimentary community shuttle for Cupertino residents and employees with
stops at key locations within the City including, but not limited to, the library, Civic Center,
Memorial Park, De Anza College, local high school(s), and Apple Campus 2.
The Hills at Vallco includes the improvement of the existing VTA bus stops on Stevens Creek
Boulevard, North Wolfe Road, and Vallco Parkway by constructing bus duck-outs and enhanced bus
shelters per VTA recommendations and lengthening the stops where necessary to accommodate
multiple buses at one time. The Hills at Vallco would establish a “Multi-Modal Transit Center”
where the existing bus stop is currently located on the north side of Stevens Creek Boulevard
between North Wolfe Road and Perimeter Road. The Multi-Modal Transit Center would include an
approximately 5,000 square foot building, seating areas, information kiosks, and state of the art real-
time transit information. A pedestrian entrance plaza to the Transit Center would be located on
Stevens Creek Boulevard.
Dedicated curbside areas for commuter shuttles near the intersection of Vallco Parkway and
Perimeter Road are also proposed. The dedicated curbside areas would be large enough for several
commuter shuttles to load/unload at one time.
Bicycle and Pedestrian Improvements
To facilitate bicycle and pedestrian movement, the Hills at Vallco would restripe and color bicycle
lanes on North Wolfe Road from Stevens Creek Boulevard to I-280 where appropriate as determined
by the City; improve sidewalks along North Wolfe Road from Stevens Creek Boulevard to I-280 by
installing pedestrian-scale lighting and street furniture; and replace the existing, enclosed bridge over
North Wolfe Road with an open pedestrian bridge.
Section 1.0 – Project Information
Vallco Shopping District Specific Plan/ City of Cupertino
The Hills at Vallco (SCH# 2015102044) 14 Administrative Draft EIR, November 2015
1.4.2.6 School Improvements
Cupertino Union School District
The Hills at Vallco project includes an education facilities and programs investment for Cupertino
Union School District consisting of the following:
• Construction of a new 700-student elementary school at the former site of the Nan Allan
Elementary School located at 10255 North Portal Avenue in Cupertino;
• Replacement of all portable/temporary classrooms at Collins Elementary School located at
10300 North Blaney Avenue with permanent classrooms;
• Improvement of school playing fields at the former Nan Allan Elementary School and
Collins Elementary School;
• Creation and funding of a $1 million endowment for the 8th grade Yosemite Science
Program; and
• Payment of the required school impact fee pursuant to California Government Code Section
65996.
A conceptual site plan of the improvements at Collins Elementary School and the former Nan Allan
Elementary School is shown on Figure 1.4-X.
Fremont Union High School District
The Hills at Vallco project includes an education facilities and programs investment for Fremont
Union High School District that includes a new 10,000 square foot, turn-key “Innovation Center” at
the development site. The Innovation Center would be a flexible, multi-use space that would be
leased to the Fremont Union High School for high school students to build projects in collaboration
with the community.10 The Innovation Center is envisioned to serve as:
• Student-led business incubator;
• Work-based learning initiatives hub;
• Robotics team competition arena;
• Multi-disciplinary brainstorming and prototyping space;
• Centrally-located classroom for students from all five high school campuses within the
school district;
• Performance space; and
• Exhibition space.
In addition, the project would pay the required school impact fee pursuant to California Government
Code Section 65996.
10 The project would lease the Innovation Center to the Fremont Union High School District for a term of 34 years at
for $1 per year.
Section 1.0 – Project Information
Vallco Shopping District Specific Plan/ City of Cupertino
The Hills at Vallco (SCH# 2015102044) 15 Administrative Draft EIR, November 2015
1.4.2.7 Green Building Measures
The Hills at Vallco is proposed to be designed and constructed to meet or exceed the requirements of
the current 2013 California Green Building Standards Code and the 2013 California Energy Code. It
is proposed that The Hills at Vallco achieve LEED Platinum certification. The Hills at Vallco would
achieve LEED Platinum by incorporating green building measures including, but not limited to:
• Constructing a 30-acre green roof;
• Incorporating water conservation measures (e.g., utilizing municipal recycled water for
landscape irrigation, cooling towers, and toilet flushing; collecting rainwater for irrigation;
utilizing drip irrigation for all landscape trees; and installing low-flow and ultra-low flow
plumbing fixtures);
• Designing the buildings to utilize natural ventilation and daylight;
• Implementing energy design strategies such as low energy systems, displacement ventilation,
LED lighting, load scheduling, and others; and
• Installing on-site photovoltaic systems.
1.4.2.8 Construction
It is anticipated that the project would be constructed over five years, commencing in 2017 and
concluding in 2022. Staging of construction equipment and vehicles would primarily be on-site with
some staging within the public right-of-way for the improvement/construction of the tunnels under
North Wolfe Road and the bridge over North Wolfe Road. Details about the construction phasing,
demolition, grading, and excavation are provided below.
Phasing
According to the applicant, the demolition of Vallco Shopping Mall and construction of The Hills at
Vallco would be phased as follows:
• Phase 1 – The demolition and construction activities would start at the northwestern portion
of the development site, in the location of the former Macy’s and Macy’s parking structure.
Demolition and construction would occur concurrently on the east side of North Wolfe Road
where JCPenney and parking areas are located.
• Phase 2 – Once Blocks 5 and 6 are constructed on the northwest portion of the site, the
existing movie theaters (AMC Theater), bowling alley, fitness center, and ice rink would be
relocated to the newly constructed mixed-use buildings on these blocks. The construction is
planned to be phased this way to minimize disruption in operation for these businesses. Once
the movie theaters, bowling alley, fitness center and ice rink are relocated, demolition and
construction would continue south towards Stevens Creek Boulevard and on the remaining
areas on the east side of North Wolfe Road. The applicant intends to construct the proposed
residential mixed-use blocks (Blocks 1-9) in the final phase of the project.
Section 1.0 – Project Information
Vallco Shopping District Specific Plan/ City of Cupertino
The Hills at Vallco (SCH# 2015102044) 16 Administrative Draft EIR, November 2015
Demolition, Grading, and Excavation
The Hills at Vallco would require demolition of the existing improvements on-site including the
large shopping mall that includes basements and retaining walls. Demolition materials including
concrete, asphalt, and base rock may be recycled and reused on-site. A concrete crusher would be
used on-site and located on the eastern portion of the project site, east of North Wolfe Road.
The site elevations would generally follow the existing topography of the site in order to minimize
grading, excavation, and reworking of the existing roads.
The Hills at Vallco would include two large below-ground parking garages. The maximum depth of
excavation for the below-ground parking garage on the west side of North Wolfe Road would be
approximately 20 feet and approximately 31 feet for the below-ground parking garage on the east
side of North Wolfe Road. It is anticipated that approximately 2.2 million cubic yards of soil would
be excavated for the proposed below-ground garages and most of the excavated soil would be hauled
off-site. The applicant anticipates that the soiled hauled off-site would be used at another
construction site within 20 miles of the project site.
Some of the soil excavated is proposed to be used on the green roof and at-grade landscaped areas. It
is estimated that 168,000 cubic yards of soil would need to be imported to the site. The imported soil
would be used as topsoil on the green roof and mixed with existing soil on-site.
Table 1.4-X: Summary of The Hills at Vallco Project*
Land Use
Commercial Total of 650,000 square feet of commercial uses located in all blocks of the project,
consisting of:
• 600,000 square feet of retail/restaurant/event/entertainment uses, of which:
− A minimum of 420,000 square feet would be retail/restaurant uses including
large and small retail stores, food establishments, and limited personal services;
and
− 180,000 square feet of which could be entertainment uses such as a movie
theater, ice rink, and bowling alley.
• 50,000 square feet of fitness uses (10,000 square feet of which would be located on
the green roof).
Office • A total of 2.0 million square feet of office uses located in Blocks 9-16.
• An additional 345,000 square feet of amenity space solely for the office uses
including a 20,000 square foot conference hall on the green roof, 15,000 square foot
cafeteria/fitness area on the green roof, a total of 175,000 square foot testing and
workshop space in Blocks 11-16, and a total of 135,000 square feet of other amenity
spaces in Blocks 11-16.
Residential Total of 800 residential dwelling units located in Blocks 1-4 and 7-9, consisting of:
• 680 market-rate apartments;
• 80 below-market rate apartments; and
• 40 market-rate senior apartments.
Section 1.0 – Project Information
Vallco Shopping District Specific Plan/ City of Cupertino
The Hills at Vallco (SCH# 2015102044) 17 Administrative Draft EIR, November 2015
Table 1.4-X: Summary of The Hills at Vallco Project*
• An additional 25,000 square feet of amenity space solely for residents on the roof
including a fitness center, clubhouse, and pool.
Civic/Community • 20,000 square foot community banquet hall on the green roof,
• 10,000 square foot high school Innovation Center located in the western portion of
the site,
• 5,000 square foot civic meeting space located in the western portion of the site, and
• 5,000 square foot “Multi-Modal Transit Center.”
Common Open Spaces/Landscaping
Town Squares Approximately 1.8-acre Town Square West and approximately 1.1-acre Town Square
East. Both town squares would have programmable green space for community events
and activities.
Green Roof 30-acre green roof would include landscaping, active and passive open spaces, and nine
pavilions totaling approximately 115,000 square feet. The pavilions would serve a variety
of purposes and would either be for community, retail, residential, or office uses.
• Green roof would have five distinct areas: oak grove, community activities,
vineyards, orchards, and nature preserve. Much of the green roof would be accessible
to the public.
• The building square footages on the green roof would be allocated as follows:
− A total of 35,000 square feet for commercial uses (i.e., 5,000 square foot wine
tasting area, 20,000 square feet of retail pavilions, and a 10,000 square foot
fitness area);
− 35,000 square feet for office uses (20,000 square foot conference hall and 15,000
cafeteria/fitness area); and
− 25,000 square feet for residential uses (e.g., fitness center, clubhouse, and pool)
− 20,000 square feet for a civic/community banquet hall.
Landscaping Most landscaping would be on the green roof with additional landscaping in the town
squares and along the perimeter of the site and internal streets.
Access, Circulation, and Parking
Vehicular Access
and Parking
Grid street pattern proposed throughout site with Avenues A-D running north and south
and 1st-7th Streets running east and west. Vehicles would be able to access the on-site
street network from Stevens Creek Boulevard, Perimeter Road, and North Wolfe Road.
Parking would be provided in a large below-ground parking garage, on-street, and at-
grade parking structures. Proposed residential and office uses would have designated at-
grade parking structures.
Transit Access Existing bus stops on the project site frontage on Stevens Creek Boulevard, North Wolfe
Road, and Vallco Parkway would be improved with duck-outs and enhanced bus shelters
per VTA recommendations. The existing bus stop on the north side of Stevens Creek
Boulevard between North Wolfe Road and Perimeter Road would function as a “Multi-
Modal Transit Center.” Dedicated curbside areas for commuter shuttles are proposed near
the intersection of Vallco Parkway and Perimeter Road.
Bicycle Access and
Parking
New bike trails and Class I-III bikeways are proposed to follow the street grid pattern on-
site. The proposed bicycle facilities would connect to existing bikeways on North Wolfe
Road, Vallco Parkway, and Stevens Creek Boulevard. Bicycle parking racks, lockers, and
charging areas for electric bicycles are proposed on-site. A bike hub is proposed on the
western portion of the site.
Pedestrian Access New pedestrian trails and sidewalks are proposed to follow the street grid pattern on-site.
The existing enclosed bridge over North Wolfe Road would be replaced with a landscaped
Section 1.0 – Project Information
Vallco Shopping District Specific Plan/ City of Cupertino
The Hills at Vallco (SCH# 2015102044) 18 Administrative Draft EIR, November 2015
Table 1.4-X: Summary of The Hills at Vallco Project*
pedestrian bridge that would connect the two proposed town squares. The green roof
would be accessible from the town squares, at the western site boundary at Stevens Creek
Boulevard, and near the intersection of North Wolfe Road and Vallco Parkway.
Transportation
Demand
Management
Program
Encourage alternative modes of transportation by including features such as:
• Carpool, carshare, and rideshare;
• Complementary community shuttle in coordination and partnership with the City,
VTA, and corporate employers;
• Bicycle repair stations, hub, parking, and wayfinding features on-site;
• Shower and changing facilities for office employees on-site;
• A Multi-Modal Transit Center on-site that supports carpool, carshare, and rideshare
programs;
• Electric vehicle parking on-site; and
• Financial incentives for future tenants and employees to walk, bicycle, or take transit.
Utility Improvements
Central Plant A central heating, ventilation, and air conditioning system for the entire project consisting
of a 10,000 ton condenser water system and 16,000 ton per hour ice plant located in Block
16.
Back-Up Generators 20 back-up building generators and two back-up parking garage generators
Storm Drain,
Sanitary Sewer,
Water
• Rerouting the existing stormwater drainage on North Wolfe Road to flow to Vallco
Parkway to a new, proposed storm drain line in Perimeter Road. The new storm drain
line would discharge into the Junipero Serra Channel.
• Rerouting the sewer main that flows north in North Wolfe Road to flow to Vallco
Parkway to a new, proposed sewer main in Perimeter Road. The new sewer main
would connect to an existing sewer main that crosses I-280.
• Rerouting the water main in North Wolfe Road that enters the project site to new
water main lines proposed in Perimeter Road. These new water mains would connect
to an existing water main in I-280.
Recycled Water • Extending the existing recycled water infrastructure that is located north of the site
under I-280, south on North Wolfe Road to Stevens Creek Boulevard.
Transportation Improvements
Roadway/Vehicular
Circulation
• Constructing a new signalized intersection on North Wolfe Road between Vallco
Parkway and the I-280 interchange.
• Modifying the existing tunnel under North Wolfe Road to allow for east-west access
for emergency and service vehicles, by providing adequate height clearances.
• Building an additional tunnel under North Wolfe Road to connect the proposed
parking basements on the east and west sides of North Wolfe Road.
Transit • Funding a complementary community shuttle in coordination and partnership with the
City, VTA, and corporate employers.
• Improving existing bus stops along the project site frontage.
• Designating the existing bus stop on the north side of Stevens Creek between North
Wolfe Road and Perimeter Road as a “Multi-Modal Transit Center,” which would
include an associated 5,000 square foot building.
• Dedicating curbside areas for commuter shuttles near the intersection of Vallco
Parkway and Perimeter Road.
Bicycle and
Pedestrian
• Restriping and coloring bicycle lanes on North Wolfe Road from Stevens Creek
Boulevard to I-280.
Section 1.0 – Project Information
Vallco Shopping District Specific Plan/ City of Cupertino
The Hills at Vallco (SCH# 2015102044) 19 Administrative Draft EIR, November 2015
Table 1.4-X: Summary of The Hills at Vallco Project*
• Improving sidewalks along North Wolfe Road from Stevens Creek Boulevard to I-
280 by installing pedestrian-scale lighting and street furniture.
• Replacing the existing, enclosed bridge over North Wolfe Road with a pedestrian
bridge.
School Improvements
Cupertino Union
School District
• Constructing a new 700-student elementary school located at 10255 North Portal
Avenue in Cupertino;
• Replacing all portable/temporary classrooms at Collins Elementary School with
permanent classrooms;
• Improving the existing play fields at Collins Elementary School;
• Creating and funding of $1 million endowment for the 8th grade Yosemite Science
Program; and
• Paying the required school impact fee pursuant to California Government Code
Section 65996.
Fremont Union
High School District
• Constructing a 10,000 square foot High School “Innovation Center” on-site available
to the High School District for rent for 34 years; and
• Paying the required school impact fee pursuant to California Government Code
Section 65996.
Building and Construction Details
LEED Platinum (or
equivalent)
Incorporate green building measures including, but not limited to, a 30-acre green roof,
water conservation measures, building design to utilize natural ventilation and daylight,
energy design strategies, and on-site photovoltaic systems.
Demolition and
Construction
The existing Vallco Shopping Mall would be demolished. Construction would be phased
and the development project is estimated to be completed in a total of five years. Staging
of construction equipment and vehicles would primarily be on-site. Approximately 2.2
million cubic yards of soil would be excavated and most of the excavated soil would be
hauled off-site. Approximately 168,000 cubic yards of clean soil would be imported to
the site.
Note: * This table provides a summary of the main details of The Hills at Vallco project proposal. Refer to the
text of the project description (Section 1.4.2) for complete details.
Section 1.0 – Project Information
Vallco Shopping District Specific Plan/ City of Cupertino
The Hills at Vallco (SCH# 2015102044) 20 Administrative Draft EIR, November 2015
1.5 PROJECT OBJECTIVES
1.5.1 City Objectives
According to the City’s Community Vision 2040, the City envisions the Vallco Shopping District as
a new mixed-use “town center” and gateway for Cupertino. The area will become a primary regional
destination for shopping, dining and entertainment, providing the City with additional sales tax
revenue generators.
The vision for the site includes an interconnected street grid network of bicycle and pedestrian-
friendly streets, more pedestrian-oriented buildings with active uses lining Stevens Creek Boulevard
and North Wolfe Road, and publicly-accessible parks and plazas that support a pedestrian-oriented
feel of the revitalized area.
New development in the Vallco Shopping District will provide buffers between adjacent single-
family neighborhoods in the form of boundary walls, setbacks, landscaping, and/or building
transitions.
The project will leverage Cupertino’s centralized location between the Peninsula and South Bay
Area, providing travelers with high-quality lodging accommodations. Guests would be located
conveniently just steps away from various retail stores and service establishments located along the
ground floor. Nearby anchor restaurants would provide opportunities for formal or informal
engagements.
The Shopping District will place an emphasis on human scale, providing public spaces and activity
nodes that are easily accessible by active modes of travel through an intuitively connected street grid
network. High-quality materials and architectural elements will aid in creating a sense of place and
enhance the “town center” aesthetic. Pedestrian-oriented buildings differentiated by appropriate
street, block and building typology will distinguish public realms, transition areas and areas of open
space. This will elicit interest, exploration and interaction from both residents of the new
development and visitors alike.
The Vallco Shopping District will provide dwelling units on the upper floors of the mixed-use
development above the commercial and active uses on the ground floor. The residential units will
bolster the supply of available housing for all socio-economic segments and help the City to meet the
identified regional housing need as detailed in the Housing Element of the 2040 General Plan.
The intimate town center environment will appeal to active seniors seeking to improve their quality
of life, allowing them to be in close proximity to goods and services.
The allure of reduced commute times, accessibility to public transit and variety of food and
entertainment options will attract both employers and professionals to work for the companies
occupying the amenity rich office space incorporated into the Town Center.
Section 1.0 – Project Information
Vallco Shopping District Specific Plan/ City of Cupertino
The Hills at Vallco (SCH# 2015102044) 21 Administrative Draft EIR, November 2015
In summary, the City’s project objectives are to adopt a Vallco Shopping District Specific Plan that
will facilitate the following:
• Creation of a new mixed-use Town Center involving complete redevelopment of the Vallco
Shopping Mall site; and
• Implement the Goals, Policies and Strategies of the General Plan listed below.
Strategies/
Policies/Goals
Description
Goal LU-19 Create a distinct and memorable mixed-use “Town Center” that is a regional destination and a
focal point for the community.
Policy LU-
19.1
Create a Vallco Shopping District Specific Plan prior to any development on the site that lays
out the land uses, design standards and guidelines, and infrastructure improvements required.
Strategy LU-
19.1.1
Redevelopment will require a master developer in order to remove the obstacles to the
development of a cohesive district with the highest levels of urban design.
Strategy LU-
19.1.2
Parcel assembly and a plan for complete redevelopment of the site is required prior to adding
residential and office uses. Parcelization is highly discouraged in order to preserve the site for
redevelopment in the future.
Strategy LU-
19.1.3
The “town center” plan should be based on complete redevelopment of the site in order to
ensure that the site can be planned to carry out the community vision.
Strategy LU-
19.1.4
The following uses are allowed on the site:
Retail: High-performing retail, restaurant, and entertainment uses. Maintain a minimum of
600,000 square feet of retail that provides a good source of sales tax for the City.
Entertainment uses may be included but shall consist of no more than 30 percent of retail uses.
Hotel: Encourage a business class hotel with conference center and active uses including
main entrances, lobbies, retail, and restaurants on the ground floor.
Residential: Allow residential on upper floors with retail and active uses on the ground floor.
Encourage a mix of units for young professionals, couples and/or active seniors who like to
live in an active “town center” environment.
Office: Encourage high-quality office space arranged in a pedestrian-oriented street grid with
active uses on the ground floor, publicly-accessible streets and plazas/green space.
Strategy LU-
19.1.5
Create streets and blocks laid out using “transect planning,” which includes a discernible
center and edges, public space at center, high quality public realm, and land uses appropriate
to the street and building typology.
Strategy LU-
19.1.6
Provide a newly configured complete street grid hierarchy of streets, boulevards and alleys
that is pedestrian-oriented, connects to existing streets, and creates walkable urban blocks for
buildings and open space. It should also incorporate transit facilities, provide connections to
other transit nodes and coordinate with the potential expansion of Wolfe Road bridge over
Interstate 280 to continue the walkable, bike-able boulevard concept along Wolfe Road. The
project should also contribute towards a study and improvements to a potential Interstate 280
trail along the drainage channel south of the freeway and provide pedestrian and bicycle
connections from the project sites to the trail.
Section 1.0 – Project Information
Vallco Shopping District Specific Plan/ City of Cupertino
The Hills at Vallco (SCH# 2015102044) 22 Administrative Draft EIR, November 2015
Strategies/
Policies/Goals
Description
Strategy LU-
19.1.7
Improve Stevens Creek Boulevard and Wolfe Road to become more bike and pedestrian-
friendly with bike lanes, wide sidewalks, street trees, improved pedestrian intersections to
accommodate the connections to Rosebowl and Main Street.
Strategy LU-
19.1.8
Open space in the form of a central town square on the west and east sides of the district
interspersed with plazas and “greens” that create community gathering spaces, locations for
public art, and event space for community events.
Strategy LU-
19.1.9
Buildings should have high-quality architecture, and an emphasis on aesthetics, human scale,
and create a sense of place. Additional heights may be approved in specific areas by the City
Council as part of the Community Benefits Program and per heights allowed in the
Community Form Diagram. Taller buildings should provide appropriate transitions to fit into
the surrounding area.
Strategy LU-
19.1.10
High-quality buildings with architecture and materials befitting the gateway character of the
site. The project should provide gateway signage and treatment.
Strategy LU-
19.1.11
A phasing plan that lays out the timing of infrastructure, open space and land use
improvements that ensures that elements desired by the community are included in early
phases.
Strategy LU-
19.1.12
Parking in surface lots shall be located to the side or rear of buildings. Underground parking
beneath buildings is preferred. Above grade structures shall not be located along major street
frontages. In cases, where above-grade structures are allowed along internal street frontages,
they shall be lined with retail, entries and active uses on the ground floor. All parking
structures should be designed to be architecturally compatible with a high-quality “town
center” environment.
Strategy LU-
19.1.13
Retain trees along the Interstate 280, Wolfe Road and Stevens Creek Boulevard to the extent
feasible, when new development are proposed.
Strategy LU-
19.1.14
Consider buffers such as setbacks, landscaping and/or building transitions to buffer abutting
single-family residential areas from visual and noise impacts.
The project should also be consistent with the following General Plan strategies, policies, and goals
listed below.
Strategies/
Policies/Goals
Description
Strategy LU-
13.7.1
Provide active uses along the street frontage, bike lanes, sidewalks that support pedestrian-
oriented activity, improved pedestrian crossings at street intersections, and attractive transit
facilities (e.g., bus stops, benches, etc.).
Goal HE-1
An adequate supply of residential units for all economic segments.
Goal HE-2
Housing is affordable for a diversity of Cupertino households.
Section 1.0 – Project Information
Vallco Shopping District Specific Plan/ City of Cupertino
The Hills at Vallco (SCH# 2015102044) 23 Administrative Draft EIR, November 2015
Strategies/
Policies/Goals
Description
Strategy HE-1
Provide adequate capacity through the Land Use Element and Zoning Ordinance to
accommodate the RHNA of 1,064 units while maintaining a balanced land use plan that offers
opportunities for employment growth, commercial/retail services, and amenities.
Policy HE-1.1
Designate sufficient land at appropriate densities to accommodate Cupertino’s Regional Housing
Needs Allocation of 1,064 units for the 2014-2022 projection period.
Policy HE-1.2
Provide a full range of densities for ownership and rental housing.
Policy ES-7.2 Strategies for the use of pervious walkways and driveways should be explored.
Policy HE-1.3 Encourage mixed-use development near transportation facilities and employment centers.
Strategy ES-
7.11.4
Encourage and promote the use of recycled water in public and private buildings, open space and
streetscape planting.
Strategy ES-
7.11.5
Encourage on-site water recycling including rainwater harvesting and gray water use.
Policy HS-3.7 Ensure that adequate fire protection is built into the design of multi-story buildings and require
on-site fire suppression materials and equipment.
Strategy HS-
8.2.1
Locate delivery areas for new commercial and industrial developments away from existing or
planned homes.
Strategy HS-
8.2.3
Exercise discretion in requiring sound walls to be sure that all other measures of noise control
have been explored and that the sound wall blends with the neighborhood. Sound walls should
be designed and landscaped to fit into the environment.
Goal INF-4 Implement best practices in stormwater management to reduce demand on the stormwater
network, reduce soil erosion, and reduce pollution into reservoirs and the bay.
Strategy INF-
7.3.2
Encourage recycling and reuse of building materials during demolition and construction of City,
agency and private projects.
Strategy INF-
7.3.3
Encourage the use of recycled materials and sustainably harvested materials in City, agency and
private projects.
Strategy INF-
2.4.2
Require undergrounding of all utility lines in new developments and highly encourage
undergrounding in remodels or redevelopment of major projects.
Strategy INF-
2.5.2
Encourage private and public projects to incorporate the use of recycled water for landscaping
and other uses.
Strategy INF-
5.1.2
Require developers to pay their fair share of costs for, or in some cases construct, infrastructure
upgrades to ensure that service levels are met.
Policy RPC-
2.4
Ensure that each home is within a half-mile walk of a neighborhood park or community park
with neighborhood facilities; ensure that walking and biking routes are reasonably free of
Section 1.0 – Project Information
Vallco Shopping District Specific Plan/ City of Cupertino
The Hills at Vallco (SCH# 2015102044) 24 Administrative Draft EIR, November 2015
Strategies/
Policies/Goals
Description
physical barriers, including streets with heavy traffic; provide pedestrian links between parks,
wherever possible; and provide adequate directional and site signage to identify public parks.
Strategy RPC-
3.1.1
Maximize the use of native plants and drought-tolerant planting.
Strategy RPC-
8.1.2
Encourage schools to meet their expansion needs without reducing the size of their sports fields.
Policy M-2.1 Adopt and maintain street design standards to optimize mobility for all transportation modes
including automobiles, walking, bicycling and transit.
Policy M-2.2 Design roadway alignments, lane widths, medians, parking and bicycle lanes, and sidewalks to
complement adjacent land uses to keep with the aesthetic vision of the Planning Area.
Improvement standards shall also consider the urban, suburban and rural environments found
within the City.
Policy M-2.3 Promote pedestrian and bicycle improvements that improve connectivity between planning areas,
neighborhoods and services, and foster a sense of community.
Policy M-2.4 Reduce traffic impacts and support alternative modes of transportation in neighborhoods and
around schools, parks and community facilities rather than constructing barriers to mobility. Do
not close streets unless there is a demonstrated safety or over-whelming through traffic problem
and there are no acceptable alternatives since street closures move the problem from one street to
another.
Policy M-2.5 Ensure all new public and private streets are publicly accessible to improve walkability and
reduce impacts on existing streets.
1.5.2 Applicant Objectives
The applicant’s primary objectives for the project are as follows:
1. Implement the vision in the City’s General Plan to redevelop the outdated Vallco Shopping
Mall into a vibrant and healthy mixed-use town center by balancing retail, employment,
residential, civic and ancillary uses with a focus on providing significant open space features,
views, and a gateway to Cupertino.
2. Revitalize this critical urban infill site with a strong and complementary mixed-use program,
including retail, office, residential, civic and ancillary uses, at an intensity and density that
both promotes visitor activity and interest and is able to financially support an innovative
open space, transit center, and civic programs, as well as achieve a high level of
sustainability.
Section 1.0 – Project Information
Vallco Shopping District Specific Plan/ City of Cupertino
The Hills at Vallco (SCH# 2015102044) 25 Administrative Draft EIR, November 2015
The applicant’s secondary objectives are as follows:
3. Create an innovative and active gathering place with vitality in design that integrates and
encourages walking and cycling and that is compatible with, and complementary to, recent
well-designed projects proximate to the project site.
4. Capitalize on the opportunity to utilize existing infrastructure in a manner which furthers
local, regional and state compact and sustainable growth goals, including the extension of
recycled water.
5. Provide sufficient local serving and destination retail uses to enable Cupertino and South Bay
residents and shoppers to reduce vehicle miles travelled and associated greenhouse gas
emissions.
6. Create an active, inviting and comfortable place for people to visit, shop, and enjoy dining
and entertainment.
7. Provide greater residential variety and density, including additional affordable residential and
life-cycle residential.
8. Reduce distances between residential, workplaces, retail businesses, and other entertainment
amenities.
9. Improve local access to fresh and healthy foods by integrating more traditional food retail
with the vibrancy of local farmers markets, and the heightened awareness of seasonal cycles
as well as education opportunities through urban farming.
10. Provide adequate parking and vehicular access that meets the needs of future project visitors,
employees, and residents, while encouraging the use of transit, bicycle, and other alternative
modes of transportation.
11. Create new residential opportunities in close proximity to employment centers, public transit,
shops, restaurants and entertainment uses.
12. Create a new regional civic gathering place that has a strong neighborhood character that is
informed by and responding to the ideas, input and concerns of the local community.
Section 1.0 – Project Information
Vallco Shopping District Specific Plan/ City of Cupertino
The Hills at Vallco (SCH# 2015102044) 26 Administrative Draft EIR, November 2015
1.6 USES OF THE EIR
This EIR provides decision makers in the City of Cupertino and the general public with relevant
environmental information to use in considering the proposed project in accordance with the
requirements of CEQA and the CEQA Guidelines. This EIR will be used for appropriate
discretionary approvals necessary to implement the project, as proposed. As lead agency for the
proposed project, the City of Cupertino would be responsible for most of the approvals required for
development. Other agencies may also have some authority related to the project and its approvals.
The discretionary actions, permits, and approvals that may be required by the City and other agencies
is listed in Table 1.5-1 below. This EIR is intended to be used by the City and other agencies when
deliberating on required permits and approvals.
Table 1.5-1: Summary of Required Discretionary Actions,
Permits, and Approvals
Lead Agency Discretionary Action, Permit, Approval
City of Cupertino • Specific Plan Approval
• Rezoning
• Development Agreement
• Development Permits
• Conditional Use Permit
• Tentative Map
• New and Modified Easements, Air
Rights, and other Related Agreements
• Tree Removal Permits
• Architecture and Site Approvals
• Encroachment Permits
Responsible Agencies
Cupertino Sanitary Sewer District • Improvement Plan Approval
Caltrans • Encroachment Permit
Note: The community amenities proposed as part of the project (the community
park and nature preserve, transportation improvements, educational facilities
and programs funding) are proposed to be included as part of a legally binding
and enforceable Development Agreement between the property owner and the
City.
Section 1.0 – Project Information
Vallco Shopping District Specific Plan/ City of Cupertino
The Hills at Vallco (SCH# 2015102044) 27 Administrative Draft EIR, November 2015
1.7 SUBSEQUENT ENVIRONMENTAL REVIEW
There are uses proposed as part of the project that may require subsequent environmental review
because specific details about the construction and/or operation of those uses (e.g., new off-site 700
student elementary school) are unknown at this time. The process followed could include use of this
EIR, preparation of an Addendum to this EIR, preparation of a Negative Declaration that tiers from
this EIR, or preparation of a supplemental or subsequent EIR. The uses/actions that could require
subsequent environmental review include, but are not limited to, the following:
• Construction of a new elementary school at the former Nan Allan Elementary School site
located at 10255 North Portal Avenue in Cupertino;
• Development of more than 650,000 square feet of commercial uses, 2.0 million square feet of
office uses, 800 residential units on the site, 40,000 square feet of civic/community space,
and amenities as described in Section 1.4.2; and
• Construction of a modified or new interchange at North Wolfe Road and I-280.
REFERENCED GENERAL PLAN POLICIES
Policies Description
M-1.2 Participate in the development of new multi-modal analysis methods and impact
thresholds as required by Senate Bill 743. However, until such impact thresholds are
developed, continue to optimize mobility for all modes of transportation while striving
to maintain the following intersection Levels of Service (LOS) at a.m. and p.m. peak
traffic hours:
• Major intersections: LOS D;
• Stevens Creek Boulevard and De Anza Boulevard: LOS E+;
• Stevens Creek Boulevard and Stelling Road: LOS E+
• De Anza Boulevard and Bollinger Road: LOS E+
M-1.3 Continue to plan and provide for a comprehensive system of trails and pathways
consistent with regional systems, including the Bay Trail, Stevens Creek Corridor and
Ridge Trail.
M-2.1 Adopt and maintain street design standards to optimize mobility for all transportation
modes including automobiles, walking, bicycling and transit.
M-2.2 Design roadway alignments, lane widths, medians, parking and bicycle lanes,
crosswalks and sidewalks to complement adjacent land uses in keeping with the vision
of the Planning Area. Strive to minimize adverse impacts and expand alternative
transportation options for all Planning Areas (Special Areas and Neighborhoods).
Improvement standards shall also consider the urban, suburban and rural environments
found within the city.
M-2.3 Promote pedestrian and bicycle improvements that improve connectivity between
planning areas, neighborhoods and services, and foster a sense of community.
M-2.4 Reduce traffic impacts and support alternative modes of transportation rather than
constructing barriers to mobility. Do not close streets unless there is a demonstrated
safety or over-whelming through traffic problem and there are no acceptable
alternatives since street closures move the problem from one street to another.
M-2.5 Ensure all new public and private streets are publicly accessible to improve walkability
and reduce impacts on existing streets.
M-2.6 Consider the implementation of best practices on streets to reduce speeds and make
them user-friendly for alternative modes of transportation, including pedestrians and
bicyclists.
M-3.2 Require new development and redevelopment to increase connectivity through direct
and safe pedestrian connections to public amenities, neighborhoods, shopping and
employment destinations throughout the city.
APPENDIX 8C
Policies Description
M-3.3 Enhance pedestrian and bicycle crossings and pathways at key locations across
physical barriers such as creeks, highways and road barriers.
M-3.4 Preserve and enhance citywide pedestrian and bike connectivity by limiting street
widening purely for automobiles as a means of improving traffic flow.
M-3.5 Minimize the number and the width of driveway openings.
M-3.6 Require parking lots to include clearly defined paths for pedestrians to provide a safe
path to building entrances.
M-3.8 Require new development and redevelopment to provide public and private bicycle
parking.
M-4.4 Work with VTA and/or major developments to ensure all new development projects
include amenities to support public transit including bus stop shelters, space for transit
vehicles as appropriate and attractive amenities such as trash receptacles, signage,
seating and lighting.
M-4.7 Vallco Shopping District Transfer Station - Work with VTA and/or other
transportation service organizations to study and develop a transit transfer station that
incorporates a hub for alternative transportation services such as, car sharing, bike
sharing and/or other services.
M-5.1 Promote Safe Routes to Schools programs for all schools serving the city.
M-5.2 Ensure that bicycle and pedestrian safety improvements include projects to enhance
safe accessibility to schools.
M-7.1 Follow guidelines set by the VTA related to transportation impact analyses, while
conforming to State goals for multi-modal performance targets.
M-8.3 Employ Transportation Systems Management strategies to improve efficiency of the
transportation infrastructure including strategic right-of-way improvements, intelligent
transportation systems and optimization of signal timing to coordinate traffic flow.
M-8.4 Require large employers, including colleges and schools, to develop and maintain
TDM programs to reduce vehicle trips generated by their employees and students and
develop a tracking method to monitor results.
M-8.5 Encourage new commercial developments to provide shared office facilities,
cafeterias, daycare facilities, lunchrooms, showers, bicycle parking, home offices,
shuttle buses to transit facilities and other amenities that encourage the use of transit,
bicycling or walking as commute modes to work. Provide pedestrian pathways and
orient buildings to the street to encourage pedestrian activity.
M-9.2 Promote effective TDM programs for existing and new development.
Policies Description
RPC-
1.1
Prepare a citywide Parks and Recreation Master Plan that outlines policies and
strategies to plan for the communities open space and recreational needs.
RPC-
1.2
Continue to implement a parkland acquisition and implementation program that
provides a minimum of three acres per 1,000 residents.
RPC-
2.1
The City’s parkland acquisition strategy should be based upon three broad objectives:
• Distributing parks equitably throughout the City;
• Connecting and providing access by providing paths, improved pedestrian and bike
connectivity and signage; and
• Retaining and restoring creeks and other natural open space areas.
RPC-
2.3
Strive for an equitable distribution of parks and recreational facilities throughout the
city. Park acquisition should be based on the following priority list. Accessibility to
parks should be a component of the acquisition plan.
• High Priority: Parks in neighborhoods or areas that have few or no park and
recreational areas.
• Medium Priority: Parks in neighborhoods that have other agency facilities such as
school fields and district facilities, but no City parks.
• Low Priority: Neighborhoods and areas that have park and recreational areas which
may be slightly less than the adopted City’s parkland standard.
• Private Development: Consider pocket parks in new and renovated projects to
provide opportunities for publicly-accessible park areas.
RPC-
2.4
Ensure that each home is within a half-mile walk of a neighborhood park or
community park with neighborhood facilities; ensure that walking and biking routes
are reasonably free of physical barriers, including streets with heavy traffic; provide
pedestrian links between parks, wherever possible; and provide adequate directional
and site signage to identify public parks.
RPC-
2.5
Provide parks and recreational facilities for a variety of recreational activities.
RPC-
5.1
Dedicate or acquire open space land along creeks and utility through regional
cooperation, grants and private development review.
RPC-
6.2
Enhance the city’s recreational programs through partnerships with other agencies and
non-profit organizations.
RPC-
8.1
Partner with school districts to allow community use of their sports fields and
facilities.
HS-4.1 Continue to support the Neighborhood Watch Program and other similar programs
intended to help neighborhoods prevent crime through social interaction.
Policies Description
HS-4.2 Consider appropriate design techniques to reduce crime and vandalism when designing
public spaces and reviewing development proposals.
HS-4.3 Recognize fiscal impacts to the County Sheriff and City of Cupertino when approving
various land use mixes.
HS-3.1 Coordinate wildland fire prevention efforts with adjacent jurisdictions. Encourage the
County and the Midpeninsula Open Space District to implement measures to reduce
fire hazards, including putting into effect the fire reduction policies of the County
Public Safety Element, continuing efforts in fuel management, and considering the use
of “green” fire break uses for open space lands.
HS-3.2 Involve the Fire Department in the early design stage of all projects requiring public
review to assure Fire Department input and modifications as needed.
HS-3.3 Ensure adequate emergency access is provided for all new hillside development.
HS-3.4 Discourage the use of private residential electronic security gates that act as a barrier to
emergency personnel.
HS-3.7 Ensure that adequate fire protection is built into the design of multi-story buildings and
require on-site fire suppression materials and equipment.
HS-3.8 Encourage the water companies to extend water service into the hillside and canyon
areas and encourage cooperation between water utility companies and the Fire
Department in order to keep water systems in pace with growth and firefighting
service needs.
ES-1.1 Incorporate the principles of sustainability into Cupertino’s planning, infrastructure
and development process in order to improve the environment, reduce greenhouse gas
emissions and meet the needs of the community without compromising the needs of
future generations.
ES-2.1 Encourage the maximum feasible conservation and efficient use of electrical power
and natural gas resources for new and existing residences, businesses, industrial and
public uses.
ES-3.1 Set standards for the design and construction of energy and resource
conserving/efficient building.
ES-7.1 In public and private development, use low impact development (LID) principles to
mimic natural hydrology, minimize grading and protect or restore natural drainage
systems.
ES-7.2 Minimize stormwater runoff and erosion impacts resulting from development and use
low impact development (LID) designs to treat stormwater or recharge groundwater.
Policies Description
ES-7.4 Review long-term plans and development projects to ensure good stewardship of
watersheds.
ES-7.5 Support the Santa Clara Valley Water District efforts to find and develop groundwater
recharge sites within Cupertino and provide public recreation where possible.
ES-7.6 Encourage the research of other water sources, including water reclamation.
ES-7.7 Encourage industrial projects, in cooperation with the Cupertino Sanitary District, to
have long-term conservation measures, including recycling equipment for
manufacturing and water supplies in the plant.
ES-7.8 Retain and restore creek beds, riparian corridors, watercourses and associated
vegetation in their natural state to protect wildlife habitat and recreation potential and
assist in groundwater percolation. Encourage land acquisition or dedication of such
areas.
ES-7.9 Continue to coordinate citywide water conservation and regional water supply problem
solving efforts with the Santa Clara Valley Water District (SCVWD), San Jose Water
Company and California Water Company.
ES-7.10 Provide public information regarding resource conservation.
ES-7.11 Promote efficient use of water throughout the City in order to meet State and regional
water use reduction targets.
INF-7.1 Coordinate with solid waste system providers to utilize the latest technology and best
practices to encourage waste reduction and meet, and even, exceed State targets.
INF-7.2 Ensure that public and private developments build new and on-site facilities and/or
retrofit existing on-site facilities to meet the City’s waste diversion requirements.
INF-7.3 Encourage public agencies and private property owners to design their operations to
meet, and even, exceed regulatory waste diversion requirements.
INF-8.1 Meet or exceed Federal, State and regional requirements for solid waste diversion
through implementation of programs.