Loading...
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