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SE-2025-005 - Approval Conditions and Action Letter May 30, 2025 J’aime Ohm 1005 Northgate Dr., #137 San Rafael, CA 94903 SUBJECT: SPECIAL EVENT PERMIT APPROVAL CONDITIONS AND ACTION LETTER – Application SE-2025-005 (One More Thing Computer Programmers Conference) This letter confirms the decision of the Director of Community Development, given on May 30, 2025 approving a Special Event Permit for a computer programmer's conference at the Residence Inn and outdoor courtyard at 19429 Steven's Creek Blvd, Saturday, June 7, 2025 through Thursday, June 12, 2025, 8:00 am to 6:00 pm, with a Wednesday code- along event and work/study meetings running until 9:00 pm. Monday hours of operation 7:00 am to 6:00 pm with work/study hours running until 9:00 pm. Expected daily turnout is 250 people. Overall anticipated turnout over the week is 700. Tents will be put up in the outdoor hotel courtyard - max capacity 50 people each. Alcohol will be served. Staff has denied the proposal for food service at the event unless the applicant obtains a valid Santa Clara County Temporary Food Facility Permit prior to the start of the event. This approval is granted consistent with the City of Cupertino’s Outdoor Sales and Promotional Events Policy. The application is approved with the following conditions: 1. THE EVENT ORGANIZER SHALL OBTAIN APPROVAL OF A SANTA CLARA COUNTY HEALTH DEPARTMENT TEMPORARY FOOD FACILITY PERMIT IN ORDER TO SERVE FOOD AT THE EVENT: The event organizer shall submit and obtain approval of a Temporary Food Facility Permit issued by the Santa Clara County Health Department in order to serve any food at the event. If the event organizer is unable to obtain an approved Temporary Food Facility Permit from the Santa Clara County Health Department by the start date of the event, the event organizer and vendors shall not serve food at this event. 19429 Steven’s Creek Boulevard, Cupertino Residence Inn SE-2025-005 (One More Thing Computer Programmers Conference) May 30, 2025 Page 2 of 4 For future events held in Cupertino, the applicant shall submit a copy of the approved Santa Clara County Temporary Food Facility Permit at least one week prior to the start of the event. At least 3 weeks prior to the start of the event, the event organizer shall submit a Temporary Food Facility Permit Application directly to the Santa Clara County Health Department. 2. EVENT VENDORS SHALL OBTAIN APPROVAL OF A HANDBILL PERMIT BY THE CUPERTINO CODE ENFORCEMENT DIVISION IN ORDER TO HAND OUT ANY ADVERTISEMENTS OR FLYERS: Each of the event operator’s vendors shall submit and obtain approval of a Handbill Permit issued by the Cupertino Code Enforcement Division in order to handout any advertisements ore flyers at the event. If the event operator and event vendors do not obtain approval of a handbill permit, they shall not hand out any advertisements or flyers at the event. 3. APPROVED PROJECT The event including all activities, temporary structures, hours of operation, sales, and food and alcohol service shall be consistent with the stamped approved plans, applications and event descriptions, dated May 30, 2025, except as modified by the conditions of approval contained in this letter. 4. SANTA CLARA COUNTY FIRE DEPARTMENT CONDITIONS OF APPROVAL The event operator shall comply with all conditions of approval imposed by the Santa Clara County Fire Department. 5. CUPERTINO ENVIRONMENTAL PROGRAMS DIVISION CONDITIONS OF APPROVAL The event operator shall comply with all conditions of approval imposed by the Santa Clara County Fire Department. 6. ACCURACY OF THE EVENT PLANS The applicant/event operator is responsible for verifying all pertinent property data including but not limited to property boundary locations, building setbacks, property size, building square footage, any relevant easements and/or construction records. Any misrepresentation of any property data may invalidate this approval and may require additional review. 7. INDEMNIFICATION AND LIMITATION OF LIABILITY As part of the application, to the fullest extent permitted by law, the applicant shall agree to indemnify, defend with the attorneys of the City’s choice, and hold harmless the City, its City Council, and its officers, employees, and agents (collectively, the “indemnified parties”) from and against any liability, claim, action, cause of action, suit, damages, judgment, lien, levy, or proceeding (collectively referred to as 19429 Steven’s Creek Boulevard, Cupertino Residence Inn SE-2025-005 (One More Thing Computer Programmers Conference) May 30, 2025 Page 3 of 4 “proceeding”) brought by a third party against one or more of the indemnified parties or one or more of the indemnified parties and the applicant related to any Ordinance, Resolution, or action approving the project, the related entitlements, environmental review documents, finding or determinations, or any other permit or approval authorized for the project. The indemnification shall include but not be limited to damages, fees, and costs awarded against the City, if any, and cost of suit, attorneys’ fees, and other costs, liabilities, and expenses incurred in connection with such proceeding whether incurred by the Applicant, the City, or the parties initiating or bringing such proceeding. The applicant shall agree to (without limitation) reimburse the City its actual attorneys’ fees and costs incurred in defense of the litigation. Such attorneys’ fees and costs shall include amounts paid to the City’s outside counsel and shall include City Attorney time and overhead costs and other City staff overhead costs and any costs directly related to the litigation reasonably incurred by City. The applicant shall likewise agree to indemnify, defend, and hold harmless the indemnified parties from and against any damages, attorneys’ fees, or costs awards, including attorneys’ fees awarded under Code of Civil Procedure section 1021.5, assessed or awarded against the indemnified parties. The Applicant shall cooperate with the City to enter a Reimbursement Agreement to govern any such reimbursement. The Applicant shall agree to (without limitation) reimburse the City for all costs incurred in additional investigation or study of, or for supplementing, redrafting, revising, or amending, any document (such as an Environmental Impact Report, negative declaration, specific plan, or general plan amendment) if made necessary by proceedings challenging the project approvals and related environmental review, if the applicant desires to continue to pursue the project. The Applicant shall agree that the City shall have no liability to the Applicant for business interruption, punitive, speculative, or consequential damages. 8. NOTICE OF FEES, DEDICATIONS, RESERVATIONS OR OTHER EXACTIONS The conditions of Project Approval set forth herein may include certain fees, dedication requirements, reservation requirements, and other exactions. Sincerely, Catherine Tarone Planning Permit Technician City of Cupertino 19429 Steven’s Creek Boulevard, Cupertino Residence Inn SE-2025-005 (One More Thing Computer Programmers Conference) May 30, 2025 Page 4 of 4 (408) 777-3297 catherinet@cupertino.gov Enclosure: stamped approved Special Event Permit Plans and Application