The city of Cupertino rezoned a controversial development site in case a judge tosses the developer's current plan for the site. Now the developer is suing, accusing the city of an illegal taking.
"The developer that wants to transform the defunct Vallco Shopping Mall into a mixed use development has filed a complaint against the city of Cupertino for trying to gut the heart of its proposal," reports Thy Vo.
The claim by Sand Hill Property Co. says "general plan amendments the City Council approved in August eliminated a zoning allowance for up to 2 million square feet of office space, and confines housing development to 13.1 acres of the 50-acre Vallco site," according to Vo.
The amendment would affect not the developer's current plan, which is currently awaiting a court decision as a crucial test for the state's SB 35 law, according to an article by Marissa Kendall from December 2019. (SB 35 went into effect in 2018, "and attempts to encourage housing development by requiring cities to fast-track residential and mixed-use projects that meet certain criteria," according to Kendall.) If the court does toss the current plan, however, the zoning amendment approved in August would take effect for the site.
"The company has argued office space is critical for penciling out large projects with retail and affordable housing and that the city’s action amounts to an illegal seizure of the company’s property without compensation, which would result in a 'loss of tens or hundreds of millions of dollars,'" according to Vo's explanation of the developer's response to the zoning changes.
Previous Planetizen coverage of the Vallco Shopping Mall development and its intersections with Prop 35:
Planning via Zoom: Legal Scrutiny for Pandemic Realities in New York City
The question of whether a public review process conducted by Zoom is sufficient to approve a sweeping rezoning plan is a matter of no small legal concern in New York City.
YIMBYs Prevail on Big Bay Area Mixed-Use Development Proposal
A court ruling in Santa Clara County cleared the way for a large mixed-use development proposal to be built at the location of the Vallco Shopping Mall in Cupertino.
Silicon Valley City to Approve Massive Vallco Development, Like it or Not
A new state law meant to overcome local barriers to development is having its first big test run in Cupertino, California.
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