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8-7-20 Public Hearing Notice Legal Ad - The OaksThe Cupertino Courier c/o Bay Area News Group 4 N. 2nd Street, Suite 800 San Jose, CA 95113 2083307 CITY OF CUPERTINO ATTN: KIRSTEN SQUARCIA 10300 TORRE AVENUE CUPERTINO, CA 95014 PROOF OF PUBLICATION State of California County of Santa Clara FILE NO. L.Sapudar:The Oaks I am a citizen of the United States. I am over the age of eighteen years and I am not a party to or interested in the above entitled matter. I am the Legal Advertising Clerk of the printer and publisher of the Cupertino Courier, a newspaper published in the English language in the City of Cupertino, County of Santa Clara, State of California. I declare that the Cupertino Courier is a newspaper of general circulation as defined by the laws of the State of California as determined by court decree dated November 13, 1956, Case Number 100637. Said decree states that the Cupertino Courier is adjudged to be a newspaper of general circulation for the City of Cupertino, County of Santa Clara and State of California. Said order has not been revoked. declare that the notice, of which the annexed is a printed copy, has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to wit: 08/07/2020 I certify (or declare) under penalty of perjury that the foregoing is true and correct. Dated: August 7, 2020 Public Notice Advertising Clerk Legal No. 0006507022 CITY OF CUPERTINO NOTICE OF PUBLIC HEARING APPLICATION NO(S): DP-2018.05, ASA-2018.05, TM-2018-03, TR-2018-22, U-2019-03, EXC-2019-03, EA-2018-04 (THE OAKS ) NOTICE IS HEREBY GIVEN that at its meeting of Tuesday, August 18, 2020 at 6:45 p.m., the Cupertino City Council will conduct a public hearing to consider a development proposal to demolish a 71,250 square foot retail center (The Oaks), remove and replace 74 protected trees, and construct a mixed -used develop- ment consisting of 267 housing units (88 Rowhouse/Townhomes, 179 senior apartments of which 131 are senior licensed assisted living units and 48 are affordable or below market rate ("BMR") senior independent living units), 27 memory care licensed assisted living resi- dences ("memory care residences"), and 20,000 square feet of commercial space. The applicant is requesting a Heart of the City Ex- ception for retail frontage along Stevens Creek Boulevard. The applicant is also requesting a density bonus, including associated density bonus parking reduction and density bonus waivers for height, slope line setback, and dis- persion of BMR housing units. City approvals would be certification of the Final Environmen- tal Impact Report, Development Permit (in- cluding findings regarding density bonus and waivers), Architectural and Site Approval Per- mit, Tree Removal Permit, Use Permit, Heart of the City Exception, and Vesting Tentative Map; (Application No(s): DP-2018-05, ASA-2018-05, TM-2018-03,TR-2018-22, U-2019-03,EXC-2019-03, EA-2018-04; Applicant(s): KT Urban (Mark Tersini); Location: 21267 Stevens Creek Boule- vard; APN #326-27-042, -043. At the regular meeting of the Planning Commission on July 14, 2020, the Planning Commission recom- mended that the City Council deny the applica- tion per Resolution 6908 by a vote of 3-2-0 (Takahashi and Fung voting no). In accord- ance with Governor Newsom's Executive Or- der No-29-20, this will be a teleconference meeting without a physical location. Mem- bers of the public will be able to observe and address the meeting telephonically or other- wise electronically from the City's website through procedures that will be detailed in the published meeting agenda. For questions regarding the upcoming City Council public hearing, please contact the Planning Depart- ment at planning@cupertino.org or 408-777- 3308. If you wish to challenge the City Council's action in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written or electronic correspondence de- livered to the City of Cupertino City Hall 10300 Torre Avenue, Cupertino, CA 95014 at, or prior to, the public hearing. Persons needing special assistance to attend the meeting under the Americans with Disabilities Act should call 408- 777-3200 at least 48 hours prior to the public meetings to ensure their needs can be appro- priately accommodated. IMPORTANT NOTICE: Please be advised that pursuant to Cupertino Municipal Code 2.08.100 written communica- tions sent to the Cupertino City Council, Com- missioners or City staff concerning a matter on the agenda are included as supplemental material to the agendized item. These written communications are accessible to the public through the City's website and kept in packet archives. You are hereby admonished not to include any personal or private information in written communications to the City that you do not wish to make public; doing so shall con- stitute a waiver of any privacy rights you may have on the information provided to the City. Please check the website or call the City Cler- k's Office at (408) 777-3223 prior to the meeting for updated information in the event of changes to the schedule. /KIRSTEN SQUARCIA/ CITY CLERK CTY OF CUPERTINO PUBLISH 8/7/20 CU#6507022; August 7, 2020 r.BP616-071717