Exhibit CC 09-06-2016 Item No. 22 Written Communications regarding Marina Plaza
August 31, 2016
City Council
City of Cupertino
10350 Torre Avenue
Cupertino, CA 95014
Via Email: citycouncil@cupertino.org
cityclerk@cupertino.org
davidb@cupertino.org
Re: Objection to Proposed Marina Plaza Development
Concerning 20563 Stevens Creek Boulevard, Cupertino
Honorable Council Members:
I must continue to object to the proposed project, as well as, its tendered redesigns
submitted to us by the applicant’s attorney. I am acting on behalf of John M. Saich and
Nichole L. Saich, as their real estate advisor.
Our objections made to the Planning Commission at meetings on June 14, 2016 and July
27, 2016, were based upon diligently invested time and effort to resurrect documents
from more than 35 years ago which support the Saichs’ property rights. Subsequently we
have reviewed and responded to the two redesigns tendered by applicant’s attorney.
Despite our objections the Planning Commission approved the proposed project which
encroaches onto the deeded property rights which are appurtenant to and an integral part
of the Saichs’ adjoining property. Both the approved design and the tendered redesigns
continue to encroach onto the easements purporting to “take” both these deeded rights
that have existed for more than 40 to 50 years and the executed yet prescriptive rights,
which ironically the City of Cupertino had originally required. Attached please find a
copy of the map delineating the easements.
As you may well know the Saichs’ 20563 Stevens Creek Boulevard property is truly one
of the most uniquely located and conveniently accessed bank branches in the heart of the
Silicon Valley. It is epitomized having benefitted from access and circulation from all
four surrounding streets, with historic prescriptive shared rights to pass amongst seven
properties, and through nine entrances and exits. The project’s proposed design
substantially impairs the access, circulation, and parking afforded the Saichs’ property.
Access to Bandley Drive is especially impaired.
Furthermore, the proposed project’s abrupt 4-story mass forms a virtual wall spanning the
Saichs’ property rights and without adequate step-back or setback, which is in stark
contrast to the Saichs’ 1-story building fronting Stevens Creek Boulevard.
The Marina Plaza development, as proposed, provides for the gross “taking” of numerous
real property rights impairing the access, exposure, and use that cumulatively would
substantially damage the Saich property’s fee simple, leased fee and leasehold interests
and would have a substantial detrimental impact on the market value of those interests.
Consequently, the Saichs will defend and protect their property rights.
Therefore I would respectfully encourage the Cupertino City Council to recommend a
redesign of the project.
Respectfully submitted,
Stephen W. Gettel, MAI
Cal BRE# 00659755
Cal BREA #AG009207
P.O. Box 1389, Aptos, CA 95001-1389
831-345-8833
stevegettel@gettelandassociates.com
JOHN M. SAICH
20563 Stevens Creek Boulevard
Cupertino, CA 95014
August 31, 2016
City Council
City of Cupertino
10350 Torre Avenue
Cupertino, CA 95014
Via Email: citycouncil@cupertino.org
cityclerk@cupertino.org
davidb@cupertino.org
Re: Objection to Proposed Marina Plaza Development
Concerning 20563 Stevens Creek Boulevard, Cupertino
Honorable Council Members:
My name is John M. Saich. My father, John E. Saich was a Founding City Councilman of
the City of Cupertino.
My father built the Bank of America Building in 1963. Now I am the primary owner of
20563 Stevens Creek Boulevard, in Cupertino.
The proposed project is designed to be built on my property’s deeded and mapped
easements, altering and limiting my property’s direct access from Bandley Drive, and
built on the adjoining parking rights which are appurtenant to and an integral part of my
property.
My property rights have existed for 40 to 50 years.
My property has high identity, is very conveniently accessed, and enjoys excellent
circulation and parking.
The project’s proposed design substantial impairs my property’s access, circulation,
parking, and exposure.
I strongly object to the Marina Plaza project, as proposed.
I will not relinquish any of my property rights, and I will defend them.
Sincerely,
John M. Saich
August 31, 2016
City Council
City of Cupertino
10350 Torre Avenue
Cupertino, CA 95014
Via Email: citycouncil@cupertino.org
cityclerk@cupertino.org
davidb@cupertino.org
Re: Objection to Proposed Marina Plaza Development
Concerning 20563 Stevens Creek Boulevard, Cupertino
Honorable Council Members:
I must continue to object to the proposed project, as well as, its tendered redesigns
submitted to us by the applicant’s attorney. I am acting on behalf of John M. Saich and
Nichole L. Saich, as their real estate advisor.
Our objections made to the Planning Commission at meetings on June 14, 2016 and July
27, 2016, were based upon diligently invested time and effort to resurrect documents
from more than 35 years ago which support the Saichs’ property rights. Subsequently we
have reviewed and responded to the two redesigns tendered by applicant’s attorney.
Despite our objections the Planning Commission approved the proposed project which
encroaches onto the deeded property rights which are appurtenant to and an integral part
of the Saichs’ adjoining property. Both the approved design and the tendered redesigns
continue to encroach onto the easements purporting to “take” both these deeded rights
that have existed for more than 40 to 50 years and the executed yet prescriptive rights,
which ironically the City of Cupertino had originally required. Attached please find a
copy of the map delineating the easements.
As you may well know the Saichs’ 20563 Stevens Creek Boulevard property is truly one
of the most uniquely located and conveniently accessed bank branches in the heart of the
Silicon Valley. It is epitomized having benefitted from access and circulation from all
four surrounding streets, with historic prescriptive shared rights to pass amongst seven
properties, and through nine entrances and exits. The project’s proposed design
substantially impairs the access, circulation, and parking afforded the Saichs’ property.
Access to Bandley Drive is especially impaired.
Furthermore, the proposed project’s abrupt 4-story mass forms a virtual wall spanning the
Saichs’ property rights and without adequate step-back or setback, which is in stark
contrast to the Saichs’ 1-story building fronting Stevens Creek Boulevard.
The Marina Plaza development, as proposed, provides for the gross “taking” of numerous
real property rights impairing the access, exposure, and use that cumulatively would
substantially damage the Saich property’s fee simple, leased fee and leasehold interests
and would have a substantial detrimental impact on the market value of those interests.
Consequently, the Saichs will defend and protect their property rights.
Therefore I would respectfully encourage the Cupertino City Council to recommend a
redesign of the project.
Respectfully submitted,
Stephen W. Gettel, MAI
Cal BRE# 00659755
Cal BREA #AG009207
P.O. Box 1389, Aptos, CA 95001-1389
831-345-8833
stevegettel@gettelandassociates.com