Liang - Vallco Specific Plan - underground and air right over Wolfe Road

This is a follow-up comment to this one where Liang mistook the tunnel between two underground garages as the tunnel along Perimeter.
http://letters2cupertinocc.blogspot.com/2015/11/Liang-vallco-impact-tunnel-not-parking.html

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From: Liang C <lfchao@gmail.com>
Date: Mon, Nov 16, 2015 at 2:15 PM
Subject: Re: Comment on Vallco Specific Plan - underground and air right over Wolfe Road
To: "City of Cupertino Planning Dept." planning@cupertino.org

I misread the diagram.

The tunnel between the east and west parking garage would in fact be a new tunnel, in addition to the tunnel along Perimeter Road. The tunnel along Perimeter Road will remain.

Page 6 of Existing Condition shows the existing easement, which was granted to a previous Vallco owner in exchange for another easement (air and underground right) near I-280 for a future light rail station. But Sand Hill does not own that property.

 

 

 

Page 8 of Existing Condition shows the proposed easement: Sand Hill wants to expand the air right over Wolfe to almost an entire block.

Pink blocks shows easement for both underground tunnel and air rights of unspecified depth and height.

Then, we would request that any public land for private use should be used only to the benefits of the public to provide ease of access.

Any air right or underground right should not be granted without a fair exchange or a fair rent, adjustable to inflation.

If only tunnel is required for The Hills at Vallco, the easement should not grant the air right in the agreement without justification, such as the two pink boxes in the diagram.

If the air right is granted, the minimum and maximum height should be specified so that only the air right within a given height is granted.

If the tunnel right is granted, the minimum and maximum depth should be specified so that only the tunnel right within a specified depth is granted.

No structure from the easement either in the tunnel or the air should be counted towards the required provision for the projects, such as parking stalls, or retail shops.

Thanks,

Liang