Cupertino Correcting Misinformation Regarding Vallco Mall Permit Process

Press release from the City of Cupertino:

August 14, 2020

The City of Cupertino is taking this opportunity to correct misinformation recently published regarding the Vallco permit process. The City has received five excavation permit submittals from the developer and staff has processed them without delay to accommodate the developer's planned demolition and construction.

“The City has been processing Vallco’s permit applications promptly and will continue to do so in accordance with the law,” City Attorney Heather Minner said. “The City will also continue to protect public property and the public interest in a safe work site and functional infrastructure by requiring Vallco to comply with the same regulations that other developments are subject to.”

The City received the first excavation permit submittal in December 2018. The applicant subsequently canceled it.

The second submittal was received in April 2019. However, the plan would have affected access rights to adjacent private properties along Perimeter Road and Wolfe Road. The City requested that the plans work around the access roads or that the applicant provide documentation stating that affected property owners were amendable to the impact on their access.

In addition, the City let the applicant know at the same time that a polychlorinated biphenyl (PCB) investigation report is needed for the issuance of an excavation permit. To date the City has not received a PCB investigation report.

The City received the third submittal in July 2019. The submittal still showed removal of public access along Perimeter Road and Wolfe Road and the applicant did not provide documentation from the affected property owners. The City requested clarification from the applicant.

The fourth submittal from the applicant was received in March 2020. The submittal provided more information and no longer showed removal of public access to adjacent private properties. However, the plans showed that permanent tiebacks within the public right-of-way were being proposed. Permanent tiebacks are not typically permitted in the City as they affect the public’s long-term use of the right of way. The submittal was not approved.

The City received the fifth submittal on August 3, 2020. It is now under staff review.

This press release was produced by the City of Cupertino. The views expressed here are the author’s own.