SE-2025-007 - Approval Conditions and Action Letter
June 4, 2025
Jay Sheikh
West Valley Muslim Association
16769 Farley Road
Los Gatos, CA 95032
SUBJECT: SPECIAL EVENT PERMIT APPROVAL CONDITIONS AND ACTION
LETTER – Application SE-2025-007 (WVMA Congregational Prayer Event)
This letter confirms the decision of the Director of Community Development, given on
June 4, 2025 approving a Special Event Permit for a WVMA Congregational Prayer Event
for families on the first floor of the parking garage at 10150 North Wolfe Road, on Friday,
June 6, 2025 from 8:00 am to 1:00 pm. Expected total guests: 2,000. Eight temporary tent
structures will be set up. One food truck/caterer will be at the event. Pre-purchased food
such as popcorn, samosas, juices/sodas. No alcohol. Entertainment includes carnival
games.
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. APPROVED PROJECT
The event, including all activities, temporary structures, hours of operation and food
service shall be consistent with the stamped approved plans, applications and event
descriptions, dated June 4, 2025, except as modified by the conditions of approval
contained in this letter.
2. 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.
3. CUPERTINO ENVIRONMENTAL PROGRAMS DIVISION CONDITIONS OF
APPROVAL
10150 North Wolfe Road, 1st Floor of Vallco Parking Garage
SE-2025-007 (WVMA Congregational Prayer Event)
June 4, 2025
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The event operator shall comply with all conditions of approval imposed by the
Cupertino Environmental Programs Division.
4. 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.
5. 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
“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
10150 North Wolfe Road, 1st Floor of Vallco Parking Garage
SE-2025-007 (WVMA Congregational Prayer Event)
June 4, 2025
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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.
6. 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
(408) 777-3297
catherinet@cupertino.gov
Enclosure: stamped approved Special Event Permit Plans and Application