HomeMy WebLinkAboutDIR-2026-003 Partial Plan Mod Action Letter - Signed.docxCITY OF
COMMUNITY DEVELOPMENT DEPARTMENT
PLANNING DIVISION
CUPERTINO
August 24, 2026
Via Electronic Mail
CITY HALL
10300 TORRE AVENUE • CUPERTINO, CA 95014-3255
TELEPHONE: (408) 777-3308 • FAX: (408) 777-3333
CUPERTINO.GOV
Reed Moulds, Managing Director
Vallco Property Owner LLC
965 Page Mill Road
Palo Alto, CA 94304
SUBJECT: APPROVAL LETTER - THE RISE SB 35 DEVELOPMENT (FORMERLY
VALLCO TOWN CENTER) - PARTIAL PLAN MODIFICATION APPLICATION
This letter serves as approval ("Approval") of a partial plan modification
("Application") of the Valico Town Center project, AKA The Rise project ("Original
Project") approved pursuant to Government Code Section 65913.4 under Senate Bill 35
("SB 35")' and the terms of the Implementation Agreement between the City and Vallco
Property Owner, LLC ("Original Applicant") on February 13, 2025.
The Application, which included a request to modify two structures on Blocks 1 & 2
respectively, was submitted to the City by Black Pine, LLC c/o Hines Construction
("Applicant") on behalf of the property owner, Vallco Property Company LLC on April
29, 2026, is located on an approximately 4.5 -acre portion of the 50.82 -acre original project
site, closest to the intersection of Stevens Creek Boulevard and N. Wolfe Road.
I. Project Approval
The following entitlements are approved:
a. Partial Modification to Development Permit
b. Partial Modification to Architectural and Site Approval - Major
This Approval is reflected in the plan set included in Attachment "A."
1 The Original Project Approval consists of the Initial Application approved in September 2018,
First Modification approved in June 2022, Second Modification approved in February 2024 and
Third Modification approved in February 2026.
This Approval does not cover encroachments or other improvements within the public
right-of-way, including but not limited to, the proposed intersection located between
Vallco Parkway and Highway 280 (right of way encroachments are subject to the City's
permitting review process) or proposed tree removals within the public right of way.
In addition, this Approval does not cover any signage, sign programs, construction
permits, or final map(s). Subsequent applications for these permits will be required,
consistent with the City's permit approval processes and the requirements of
Government Code section 65913.4.
II. Basis for Approval
The basis for approval of the Original Project has previously been identified in the
Original Project Approval. Modifications to SB35 projects are allowed under Govt.
Code 65913.4(h) and, specifically to the Original Project, pursuant to the
Implementation Agreement entered into by the City with the Original Applicant. The
Implementation Agreement establishes procedural and documentation requirements
for modifications and post entitlement permitting for the Rise project. Thresholds for
determining substantial compliance, partial plan modification, or district plan (full)
modification, as well as the material required to evaluate each modification type, are
documented in the Agreement.
The Application includes modifications to the two buildings in Blocks 1 and 2 as
follows:
1. Exterior architectural changes and modifications to loading areas
2. Changes to the building form
3. Increased parking
4. Minor adjustments to retail and residential square footage
Implementation Agreement: The Implementation Agreement identifies the thresholds
under which a Building Permit is needed, a Partial Plan Modification is needed, or a
district plan modification is required2. Upon a review of the proposed changes, the
Application requires a Partial Plan Modification subject to Section 2(c)(iii)(E) of the
Implementation Agreement, due to the proposed increase in garage parking exceeding
15 percent. The project includes a slight increase to residential square footage but by
itself would not have triggered the need for a Partial Plan Modification since it was less
than a 5% change.
The following tables show the proposed changes between the most recent modification
(Modification #3, February 2026) and the partial plan modification, as well as the
percentage change. The project includes a slight increase to residential square footage.
Pursuant to SB35 project implementation requirements, a minimum of two-thirds of
entire project area remains designated for residential uses with this Partial Plan
2 The Project Implementation Agreement is availal2le at City Hall with the Planning Division.
Modification request. The change in residential square footage for both Blocks 1 and 2
is less than 5 percent.
Block 1:
Residential
Residential
Retail
Office
Parking
Approved SF (2026)
277,156
65,791
39,928
0
Partial Plan Modification
288,018
163,270
43,675
0
(DIR-2026-003) SF
% Change
< 5%
>15%
<10%
No change
Threshold under Project
Implementation
+/- 5%
+/-15%
+/-10%
+/- 5%
Agreement
Block 2:
Residential
Residential
Retail
Office
Parking
Approved SF (2026)
304,379
107,493
44,476
0
Partial Plan Modification
291,582
124,689
43,258
0
(DIR-2026-003) SF
% Change
< 5%
>15%
<10%
No change
Threshold under Project
Implementation
+1-5%
+/-15%
+/-10%
+/-5%
Agreement
The following table shows the overall distribution of residential, retail, and office uses
throughout the site, comparing the original approval to the current proposal and
confirming that the project remains two-thirds residential:
Residential
Retail
Office
Total
Approved SF (2018)
4,961,904
485,912
1,981,447
7,429,263
% of Total
66.8
6.5
26.7
100
Partial Plan
Modification SF (DIR-
4,839,644
228,846
1,474,946
6,543,436
2026-003)
Modification (2026)
74
3.5
22.5
100
%of Total
Density Bonus Waiver Modification: Under the State's and City's Density Bonus Laws, the
Original Applicant previously received a density bonus, three density bonus
concessions and one waiver for the Original Project.
No changes are proposed to the density bonus or the three density bonus concessions
previously granted with this Application. The Application includes a request to modify
the previously approved density bonus waiver. A density bonus waiver is to a
development standard that the project cannot meet due to the proposed design, and if
the project were required to meet the standard, it would cause the project to lose units
in the housing development. State law disallows the City to reject the request for a
waiver under the presumption that a differently designed project could meet the
existing standard.
The original application allowed a waiver for certain portions of structures in Blocks
2,5,8,10,11,13,14 and 15 to encroach into a required 1:1 setback to height (slope line)
standard established in the General Plan in Figure LU-2 (Community Form Diagram).
This Application proposes to amend this waiver for the redesigned structures in Blocks
1 and 2. The proposed modification increased the amount of encroachment for Block 2
by six inches on the Stevens Creek Blvd. frontage for all portions of the building, and
by 5'3" inches on the N. Wolfe Rd. frontage to accommodate an architectural cornice at
the top of the structure. No other amendments are proposed.
The encroachments are identified in the plan set on Sheets P-508 and P-508.1
respectively. These diagrams indicate that imposition of the slope line standard would
cause the project as designed to lose residential units or be redesigned to accommodate
the standard. Cities are disallowed from requiring a re -design of structures when a
density bonus waiver is requested, even if the portions of the structure for which a
waiver is requested does not include affordable housing. As a result, the City must
grant the proposed density bonus waiver.
Other Modifications: In addition to the redesign of the exterior of the structures, the
applicant has also proposed to modify the layout of the retail areas on the ground floor,
access for the parking garage, relocate the loading/waste management area on Block 2
from Wolfe Rd. to Street 2, increase the residential area, and increase parking within
the structures.
As previously stated, the change in residential square footage for both Blocks 1 and 2 is
less than 5 percent. While the Applicant is not required to provide any parking for the
project pursuant to the standards of Govt. Code 65913.4(d), they are proposing an
increase of 97,479 square feet of residential parking for Block 1, and an increase of 17,196
square feet of residential parking for Block 2. Since this area is included in residential
floor area for purposes of determining the residential vs. non-residential area within
the project, the project continues to comply with the SB 35 project implementation
requirements of having a minimum of two-thirds of entire project area designated for
residential uses with this Partial Plan Modification request.
4
III. Standard Project Requirements and Project Implementation Requirements
The Project Application is approved subject to the Standard Project Requirements and
Project Implementation Requirements (collectively "Requirements") set forth below.
These Requirements identify objective General Plan, zoning, and/or objective design
review standards that were applied to the project at the time the original Application
was submitted to the City on March 27, 2018 and specific requirements and criteria for
a project to be subject to the streamlined, ministerial review and approval process
pursuant to Government Code Section 65913.4.
1. ACCURACY OF THE PROJECT PLANS
The Applicant/property owner is responsible for verifying all pertinent property
data including but not limited to property boundary locations, building
setbacks, property size, building square footage, any relevant easements and/or
construction records. Any errors of any property data may invalidate this
approval and may require additional review.
2. CONCURRENT STANDARD PROJECT REQUIREMENTS AND PROJECT
IMPLEMENTATION REQUIREMENTS
The standard project requirements and project implementation requirements
contained in file nos. for the Original Project, including but not limited to, the
Initial Application (DP -2018-02), First Modification (TM -2022-001, TR-2022-015,
ASA-2022-003, M-2022-001), Second Modification (TM -2023-002, TR-2023-055,
ASA-2023-010, M-2023-002), and Third Modification (TM -2026-002, TR-2026-005,
M-2026-001, ASA-2026-004), shall be applicable to this approval.
3. ANNOTATION OF THE STANDARD PROTECT REQUIREMENTS
These Standard Project Requirements and Project Implementation Requirements
must be incorporated into and annotated on the building plans.
4. APPROVED PLANS
The Approval is based on the Approved Plans for Blocks 1 and 2, stamped
August 24, 2026, consisting of 7 sheets labeled as "B1 G11.01, B1 G11.02, B2
G11.01, B2 G11.02, G11.00, G11.03, and G11.05" and includes the following:
a. Block 1, which includes 235 units (288,018 square feet of residential), 43,675
square feet of retail, and 163,270 square feet of residential parking; and
b. Block 2, which includes 258 units (291,582 square feet of residential), 43,258
square feet of retail, and 124,689 square feet of residential parking.
5. SAFE PEDESTRIAN PATHS
Prior to issuance of building permits, the floor plans for the parking lots shall
clearly indicate safe paths of travel to building entrances for all pedestrians
5
consistent with General Plan Policy M-3.6. Safe pedestrian passage shall be
demonstrated for all parking stalls and not limited to pathways from accessible
parking stalls.
IV. California Environmental Quality Act
This Approval is not subject to the California Environmental Quality Act ("CEQA") due
to its ministerial nature. (Gov. Code,§ 65913.4 (a); Pub. Resources Code,§ 21080(b)(1).)
V. Term of Approval
The term of this modified project approval shall be determined in accordance with the
requirements of Government Code section 65913.4(g).
Sincere ,
/s/
7Pa`
Benjamin Fu
Director of Community Development
cc: Tina Kapoor, City Manager (email)
Floy Andrews, City Attorney (email)
Chad Mosley, Director of Public Works (email)
Luke Connolly, Assistant Director of Community Development (email)
Piu Ghosh, Planning Manager (email)
Enclosures:
Attachment A — Approved Plans dated August 24, 2026 (due to limitations of state
copyright law, plans are available for viewing at the Community Development Department
Planning Division)