ITEM NO. 8.
b. Minimizing congregation in the parking lot to adhere to Quiet Hours requirements. c. Compliance with all applicable Conditions of Approval.
Documentation of this communication (e.g., copy of written notice, email, and posting on the facility’s website) shall be maintained on file and made available to the Community Development Director upon request.
23. Compliance with Laws
The permittee shall comply with all applicable federal, state, and local laws, including the Town Code, as they may be amended from time to time. This includes, but is not limited to, compliance with all updated zoning, building, noise, traffic, parking, and environmental regulations enacted by the Town Council.
ITEM NO. 8.
NAME ADDRESS CATEGORY SEATS HOURS ZONING # ACCESS
POINT TO SITE STREETS TO SITE ACRES ATTENDANCE CAP
West Valley Muslim Association 16769 Farley Rd Religious Org CUP does not identify Not extend past 10 p.m. R-1:8 1 Residential 2.76 - St Mary’s Catholic Church 219 Bean Ave Church/School 654 7:30 a.m. - 9:30 p.m. R-1D:PD 4 Residential/Commercial 0.96 NUMBER OF CHURCH SEATS: Maximum
number of seats used for worship shall
not exceed 654.
Center for Spiritual Living 15980 Blossom Hill Rd Religious Org CUP does not identify CUP does not identify R-1:8 1 Residential 0.51 CUP does not identify Seventh Day Adventist Church 57 Broadway Church/School 180 CUP does not identify R-1D:LHP 1 Residential 0.28 CUP does not identify Congregation Shir Hadash 20 Cherry Blossom Ln Church/School 250 (regular) 450 (special)
Office Staff & Admin 8 am - 5 pm (Mon-Thur) and
9 am - 4 pm (Fri)
Pre-school 9 am - 1 pm
Before/After Care 7:30 am - 9 am and 1 pm - 6 pm
Religious School 9 am - 12 pm (Sun, Tues, Th), 4
pm - 6 p.m. and 7 pm - 9 pm (Tues), 4 pm - 6 pm
(Th)
Day School 8 am - 3 pm (Mon-Fri)
Adult Education 9 am - 12 pm (Sun)
Meetings 7:30 pm - 9 pm (Mon and Wed)
R-1:8 2 Residential 3.68
CONGREGATION POPULATION: The
congregation for regular worship
service shall be limited to a maximum of
250 persons. The maximum
congregation for special holiday worship
services shall not exceed 450.
Los Gatos United Methodist Church 111 Church St Church/School 552 6 a.m. - 12 a.m. 8 a.m. - 3 p.m. (preschool) R-M:5-12 1 Commercial 2.36
CONGREGATION POPULATION: The
congregation shall be limited to a
maximum of 552 persons, due to the
total number of available parking spaces
being 138. This number may be modified
in the future if additional parking
becomes available or if the Town’s
parking requirements are changed.
Faith Lutheran/Maripossa Montessori 16548 Ferris Ave Church/School 220 5 a.m. - 10 p.m. (Mon-Sat) 7 a.m. - 5 p.m. (Sun) R-1:8 1 Residential 2.22
CHURCH SANCTUARY USE/HOURS. The
property owner/church shall limit
worship services in the main church
sanctuary to a maximum of 220 people at
any given time.
Venture Christian Church /Los Gatos
Christian School 16845 Hicks Rd Church/School
1,901 seats/
2,812 persons for
Sunday services
8 a.m. - 3 p.m. (school)
3 p.m. - 6 p.m. (after school) HR-1 2 Residential 13.03
MAXIMUM SEATING/CONGREGATION
POPULATION: The maximum seating
allowed for the Worship Center and
Fellowship Hall is 1,901 seats. The
congregation shall
be limited to a maximum of 2,812
persons for Sunday services, based upon
703 parking spaces. This number may be
modified in the future if additional
parking becomes available or if the
Town’s parking requirements are
changed.
First Assembly of God/Fountain of Life
Church 16735 Lark Ave Church/School 436 9 a.m. - 11:30 a.m. R-1:8 2 Residential/Commercial 1.55 CUP does not identify Calvary Baptist Church of Los Gatos (food
pantry) 16286 Los Gatos Blvd. Church CUP does not identify 4:00 p.m. - 8:00 p.m. (Tue, Th, Sat) R-1:8 3 Residential/Commercial 0.43 CUP does not identify Calvary Church of Los Gatos /Global
Community Church 16330 Los Gatos Blvd Church/School 1,680 7 a.m. - 10 p.m. (Sun-Thur)7 a.m. - 12 a.m. (Fri-Sat) R-1:8 3 Residential/Commercial 7.51 Maximum number of seats used for
worship shall not exceed 1,680.
Holy Cross Lutheran & Children's Center 15885 LG-Almaden Rd Church/School Day Program: 22
Evening Program: 22
Extended Day Program:
45 6:30 a.m. - 3 p.m. (day)
3 p.m. - 11:30 p.m. (evening)
2:30 p.m. - 6 p.m. (extended)
R-1:8 1 Commercial 2.30 CUP does not identify
First Church of Christ Scientist-LG Church 238 E. Main St Church/School CUP does not identify CUP does not identify C-1 2 Residential/Commercial 0.73 CUP does not identify St. Basil the Great Byzantine Catholic Church 14263 Mulberry Dr Church/School CUP does not identify CUP does not identify R-1:8 1 Residential 0.44 CUP does not identify Addison-Penzak Jewish Community Center
Preschool 14855 Oka Rd Church/School CUP does not identify 6 a.m. - 11 p.m. (Mon-Thur)6 a.m. - 12 a.m. (Fri-Sun) R-1:8 1 Residential/Commercial 8.86 AEROBICS/FITNESS CENTER. The
maximum occupancy of the fitness
center and aerobic classes combined
shall not exceed 60 persons (excluding
employees).
SCHOOL POPULATION. The maximum
school population shall not exceed 560
children at any given time.
The Church of Jesus Christ of Latter-day
Saints 15985 Rose Ave Church/School 300
Youth Activities 7:30 p.m. - 9 p.m. (Tues and Wed)
Athletics 7 p.m. - 10 p.m. (Th)
Social 6 p.m. - 9 p.m. (Fri or Sat)
Worship 9 a.m. - 12 p.m. and 1 p.m. - 4 p.m.
R-1:8 1 Residential 3.86 CUP does not identify
Presbyterian Church of Los Gatos & Shannon 16575 Shannon Rd 25 Cherry Blossom Ln Church/School CUP does not identify 8:30 a.m. - 3:30 p.m. R-1:8 2 Residential 5.25 CUP does not identify St. Luke's Episcopal Church 20 University Ave Church/School 176 CUP does not identify C-2:LHP 1 Commercial 0.40 CUP does not identify Mulberry School 220 Belgatos Rd School High School: 20 Pre-school: not beyond 6 p.m. R-1:10 1 Residential 9.07 CUP does not identify Los Gatos-Saratoga High School District
Office 17421 Farley Rd W School Dist Office Continuation School: 70 CUP does not identify LM:PS 1 Commercial 1.53 CUP does not identify Stratford School 220 Kensington Way School 440 8 a.m. - 3:30 p.m. (reg) 7 a.m. - 5:30 p.m. (ext) R-1:8 1 Residential 9.76 CUP does not identify Rainbow of Knowledge School 15080 Los Gatos Blvd School 23 7 a.m. - 6 p.m. R-1:8 1 Commercial 0.29 SCHOOL CAPACITY: Total enrollment shall
be limited to 23 students maximum.
Peppertree Schools of Los Gatos 16035 LG-Almaden Rd School 76 6:30 a.m. - 6 p.m. R-1:8:PD 1 Residential 0.52 The student population should not exceed 76.
Hillbrook School 300 Marchmont Dr School 414
7:30 a.m.-6 p.m. (Mon-Fri, Academic Year) For
more school hours information, see Conditional
Use Permit
HR-1 2 Residential 13.49
NUMBER OF STUDENTS: The maximum
number of students shall be limited to
414 students over the life of the
Conditional Use Permit with an increase
over 315 students of up to 33 in year
2016-2017, up to an additional 33 in year
2017-2018, and up to an additional 33 in
year 2018-2019. The right to add any
additional students is contingent on the
school’s compliance with the traffic
count requirements. The maximum
number of students during the summer
session is 150.
Los Gatos Union School District 17000 Roberts Rd School CUP does not identify 7 a.m. - 9 p.m. R-1:8:PS 2 Residential 12.46 CUP does not identify Kumon 15555 Union Avenue School 15 8 a.m. - 8 a.m. C-1 2 Commercial 5.77 NUMBER OF STUDENTS: The maximum
number of students on-site at any given
time is limited to 15.
Fusion 50 University Ave #300 School 63 7:30 a.m. - 9 p.m. C-2:LHP:PD 2 Residential/Commercial 3.02
NUMBER OF TEACHERS/STAFF AND
STUDENTS: The proposed use is limited
to a maximum of twenty-nine (29)
teachers and/or administrators, and sixty
three (63)
students onsite at any time.
Marvegos Fine Art School 14103 Winchester Blvd.,
Ste. A School 14 9:00 a.m. - 7:30 p.m. (Mon-Fri)9:00 a.m. - 3:30 p.m. (Sat) C-1 3 Residential/Commercial 4.42 NUMBER OF STUDENTS: The number of
students/children on site at any given
time shall be limited to 14.
La Rinconada Golf Club 14595 Clearview Drive
Golf
Course/Fitness
Club
571 Total Membership Club from 7:00 AM - 1:00 AM Daily
Pool + Fitness 6:00 AM - 10:00 PM Daily R-1 2 Residential 125.00 MEMBERSHIP. A total of 446 "certified"
members, and 125 "other" members, are
permitted. The maximum number of
certified and social members combined
shall not exceed 571.
EXHIBIT 42
WVMA Comparison Chart
ITEM NO. 8.
This Page
Intentionally
Left Blank
From: < >
Sent: Wednesday, May 13, 2026 10:49 AM
To: Jocelyn Shoopman <[email protected]>; Gabrielle Whelan <[email protected]>
Cc: Joel Paulson <[email protected]>; Town Manager <[email protected]>; Chris Constantin <[email protected]>; Sean Mullin <[email protected]>; Farley Road Neighborhood Coalition < >
Subject: Re: Public Comment Item #5 - Specific Requests for WVMA Violation of Outdoor Lighting Compliance
ITEM NO. 8.
Light Pollution@ 16769 Farley Rd, Los Gatos,
Pending CUP Modification Application (U-24-010) Slide 2 of 2 Why: WMA to be in compliance with local Ordinance Jowo General Plan and State Laws WvMA Facility to be In coda compllance to maintain the resklential character of the neightiorhOod. we believe thi$ would be one step toward$ OOllabOrabon and good failh eff(lc1$ by addr&s$ing al'l(I improving current c:onditiotl$ lhat will help re$!ore, prote<:I ar'ld l)l"0actrvely implement a dependable, consislent and reliable method to help foster a healthy, and sale neighborhoo(I environment. The current impact, from predawn and late-nigh1 creates an environment similar to outdoor stadium level Illumination, coupled �h headlights streaming into homes and yards, in a residential zorte during the Town's Quiet Hours ordinance. �
Prot�t Residents Rlgtits: Suppon the FRNC residents their fundamental human right to sleep.essential fOf health. dignity and survival.Sleep is considered a crucial component of the and is protected under the broader right to rest and lelsure. Deliberate. pro&o� sleep deprivation Is classlfted as a fo,m of torture and a violation of human rlghls Recommendation: Design ootdoor hgtitmg plan that requires f1,1ll-cutoff fixtures. tower moonling helghts, and lower color temperatures to mee1 "Dark Sk( requiremeflts commofl in residential areas. A oompli;;mt plan Qel)e1<1lly includes I.he following elements: P,;1ri,;iog Lot (15-20 ft. poles): LEO poles (awox. 12,000-18,000 lumens) pl<1oed 30-40 feet �part, pasitioned to focus light inward rather than toward adjacent homes How: WVMA to submit a new permit request, to remedy expired noocompliant sta1us thal requires full-cutoff fixtures. lower mounting heighls, and lower cotor temperatures to meet "Dark Skyft requirements for Los Gatos zoned R-1 residential areas. The plan to Include the following elements: Patkfng Lot (15 ft. poles) LEO (aPC}f'OX. 12.000-18.000 lumens) placed 30-40 feel apart, poSttioned to focus light inward and fully down rather than toward ad,a<:eflt homes, install extended shields (3-4 It. shields) on the top portion of the parking lot hgl'II poles When: Parking lot llnd Facility Lighting to be fully off olltskle of open hours, specific:c1lly in alignment wilti Town's Quiet hours, c1nd in ailtgnmenl wi1h ingress and egress hours eslc1blished in the modilied CUP for prc1yer services {General Hours, Seasonal Late Hours), lG G0:Mrnrn1Q:nnaoc;e� Tow1tligti11nn PROtNAHCf 2111 • .I.a C"'1a N.-,,,•��,�.,nt"" q, .,,,...,, I W'lh"O
ITEM NO. 8.
From: Susan Stenman < >
Sent: Wednesday, May 13, 2026 9:37 AM
To: Planning <[email protected]>
Cc: Gabrielle Whelan <[email protected]>; Joel Paulson <[email protected]>; Allen Meyer <[email protected]>
Subject: Farley Neighborhood - Traffic Concern on a Friday I am writing on behalf of the Farley Neighborhood Association regarding ongoing concerns about activity associated with the West Valley Muslim Association, particularly the impact on our neighborhood’s safety and character.
I want to describe what I experienced firsthand, because it illustrates a broader issue.
I have lived in this neighborhood since 2010. One of the main reasons we chose this area was its quiet, residential nature. It was—and still is—a place where neighbors know each other, where children play outside, and where families feel comfortable letting their kids ride bikes to school.
My own children attended Van Meter, Fisher, and Los Gatos High School, and like many kids here, they rode their bikes daily. That same pattern continues today with younger families.
This afternoon, around 2:00 PM, I arrived home and stepped outside with my dog while bringing in my garbage bins. Within moments, I heard a rush of cars approaching at high speed.
This immediately caught my attention, as our street—Frank Avenue—has no sidewalks and has long required vigilance from residents to keep it safe. In the past, neighbors have even requested speed bumps, only to be told they could not be installed due to fire department requirements.
As I turned, I saw not just one or two vehicles, but a continuous stream of cars moving quickly through the neighborhood.It soon became clear that these were drivers leaving Friday afternoon prayer, cutting through from Farley Road onto Frank Avenue to reach Los Gatos Boulevard. I counted up to 60 cars turning from Izorah and onto Frank to exit the neighborhood. This has never been normal. We are not a main thoroughfare in Los Gatos.
The volume alone was alarming. Combined with the speed, it created a situation that felt genuinely unsafe. This was happening precisely during the window when children are returning home from school—between 2:00 and 3:30 PM—many of them on bikes, sharing the road.
I briefly recorded the traffic. Initially, the cars were moving quite fast; later, they appeared to slow somewhat, possibly due to awareness of being observed. But even at reduced speeds, the sheer number of vehicles passing through a narrow residential street without sidewalks presents a real hazard.
What struck me most was this: if my children were still young, I would be deeply concerned for their safety. This is not a theoretical issue—it is a daily condition that increases the risk of an accident involving a child, a pedestrian, or a resident walking a dog. Even more so at night.
ITEM NO. 8.
This is not about religion. It is about land use, zoning, and the compatibility of traffic volume with a small residential street. Places of worship in Los Gatos are generally located on larger roads designed to handle higher traffic flow. Our neighborhood streets are not. We have no sidewalks.
Beyond safety, there is also a quality-of-life concern. With bedrooms facing the street, increased traffic during early mornings or late nights disrupts the quiet residential environment that defines this community.
I understand that the Town faces legal considerations and potential pressure from outside organizations. However, it is equally important to weigh the risks and liabilities associated with inaction. If an accident were to occur—especially involving a child—those consequences would be severe and irreversible.
We are asking the Town to fully consider the real, lived impact on this neighborhood and to prioritize the safety and well-being of its residents. This situation deserves careful, balanced attention before a preventable incident forces a response.
Thank you,
Susan and Michael Stenman
ITEM NO. 8.
Sblend A. Sblendorio
Tri-Valley Office | 6801 Koll Center Parkway, Suite 210, Pleasanton, California 94566-7047 phone 925.224.7780 fax 925.224.7782 www.hogefenton.com
May 12, 2026
Via E-Mail
Kendra Burch, Chair
Los Gatos Planning Commission
[email protected]
Re: Agenda Item No. 5 May 13, 2026
Public Comment for the Hearing Considering 16769 Farley Road Conditional Use Permit Application U-24-010
Our File No.: 210148
Dear Ms. Burch and Planning Commission Members:
My law firm writes on behalf of our clients James and Kimberly Ratcliff, who own and reside in a single family residence immediately adjacent to 16769 Farley Road, Los Gatos, regarding the applicant’s objections to the conditions of approval for the above referenced conditional use permit application.
1. Limiting attendees to those who can park on-site at WVMA is not only reasonable but required under the Town Code.
WVMA opposes the Condition Nos. 13 and 15 of the May 13, 2026 Conditions of Approval intended to limit the number of attendees during early morning and late-night prayers times to numbers commensurate with the facility’s parking lot capacity. However, these conditions are a reasonable enforcement of the Town’s existing off-street parking rules prohibiting modification of building or use “through an increase to the seating capacity, number of persons employed or otherwise, unless the number of additional off-street parking spaces necessitated by such … modification … are provided.” (Los Gatos Town Code, Sec.
29.10.145.) WVMA now seeks to modify its conditional use permit without increasing its dedicated off-street parking.
Because WVMA has not committed to providing off-site parking to accommodate its increase in attendees, it is not only reasonable but necessary under the Town Code for the Town to limit WVMA’s attendees to those who can park in its on-site parking lot. While WVMA enjoys the privileges of its non-conforming use to avoid the Town compelling it to increase its dedicated off-street, the privilege does not shield it from conditions of approval imposed on its modification request that are merely aimed at enforcing the Town’s standards.
Additionally, we respectfully request that the Town implement a residential parking permit program for Farley Road and the surrounding area to preserve residential access and restore reasonable and safe levels of traffic throughout the neighborhood.
ITEM NO. 8.
May 12, 2026
2. WVMA’s recent acquisition of a $16.5 million dollar facility nearby demonstrates its ability to afford the conditioned repairs at 16769 Farley Road.
WVMA’s assertion that the Planning Commission’s repair and mitigation conditions are prohibitively costly is undermined by WVMA entering a contract to purchase a new facility in Cupertino, CA for $16.5 million. In light of its apparent ability to make such a purchase, directing a comparatively small portion of its resources toward safety and noise reduction to address neighborhood compatibility issues at its existing Farley Road facility cannot credibly be characterized as an undue financial burden.
Further, if WVMA intends to sell or materially change the use of the Farley Road property in connection with its pursuit of a new permanent facility, the Planning Commission should impose a shorter compliance review period for the conditional use permit to ensure timely oversight and enforceability of mitigation commitments during any transition period.
Sincerely,
HOGE, FENTON, JONES & APPEL, INC.
Sblend Sblendorio
Attorney
cc: Jocelyn Shoopman; [email protected]
Alexa Nolder; [email protected]
Jim Ratcliff;
Kim Ratcliff;
ITEM NO. 8.
SARATOGA INTERFAITH MINISTERIAL Saratoga, California
May 12, 2025
Jocelyn Shoopman Town of Los Gatos Planning Commission [email protected] Re: Support for West Valley Muslim Association's Conditional Use Permit — Request for Fair and Reasonable Conditions
Dear Ms. Shoopman and Members of the Planning Commission, We write on behalf of the Saratoga Interfaith Ministerial, an association of clergy and faith leaders representing diverse religious communities across the Saratoga area. We write in strong support of the West Valley Muslim Association (WVMA) as you finalize the conditions of its Conditional Use Permit, and to respectfully urge the Commission to reconsider several of the recently proposed conditions.
The WVMA has been a valued and constructive partner in our regional interfaith community. Its leadership has demonstrated a consistent commitment to neighborly conduct, civic engagement, and thoughtful stewardship of their facilities. We are grateful for the care the Commission and Town staff have brought to this process over many months.
We are, however, concerned about several of the 18 conditions added at the most recent hearing, which we believe would impose disproportionate and potentially unsustainable burdens on the WVMA and, by extension, on faith communities throughout Los Gatos and the surrounding region. Specifically, we are troubled by:
• Attendance caps tied to parking lot capacity, which would require turning away worshippers at the door — a practice incompatible with the nature of religious assembly, where attendance cannot always be predicted in advance; • Sixty-day advance notice requirements for events exceeding 100 attendees, which is operationally unworkable for many standard religious gatherings, lifecycle events, and community programs;
• Approximately $1 million in parking lot refinishing costs, an extraordinary financial burden that could threaten the long-term viability of this institution; and • Mandatory written member notifications for events above 100 attendees, which adds administrative complexity without a clear public benefit.
We raise these concerns not only in solidarity with WVMA, but because we believe the precedent established here will affect houses of worship and faith-based community organizations across Los Gatos for years to come. Faith institutions occupy a unique and protected place in our civic fabric. They serve not only their own members but the broader community through charitable programs, crisis response, and social cohesion. Conditions that are financially prohibitive or operationally impractical threaten that service.
ITEM NO. 8.
We respectfully ask the Commission to work with WVMA toward conditions that are fair, proportionate, and consistent with those applied to comparable institutions — conditions that allow WVMA to fulfill its religious and community mission while addressing legitimate land use concerns.
Thank you for your service to the community and your attention to this matter.
With respect and in the spirit of shared commitment to our communities, Rev. Sara Pearson, Pastor Prince of Peace
Rev. Erik Swanson, Pastor Westhope Presbyterian Church
The Rev. Maly Carswell Hughes, Rector Saint Andrew’s Episcopal Church and School Rabbi David Kunin, Congregation Beth David
Rabbi Nathan Roller, Congregation Beth David
ITEM NO. 8.
Cantors and Rabbis of the Silicon Valley Community
May 12, 2025
Jocelyn Shoopman Town of Los Gatos Planning Commission [email protected] Re: Support for West Valley Muslim Association's Conditional Use Permit — Request for Fair and Reasonable Conditions
Dear Ms. Shoopman and Members of the Planning Commission, We write on behalf of the Silicon Valley Jewish Community. We write in strong support of the West Valley Muslim Association (WVMA) and to respectfully urge the Commission to reconsider several recently proposed conditions that we believe would impose undue burdens not only on WVMA, but on faith communities broadly — including our own.
We do so not merely as advocates for a neighbor, but as religious leaders who recognize in WVMA's situation the very challenges our own congregations face. The Jewish and Muslim communities share more than is often appreciated: both observe lunar or lunisolar calendars that govern our religious life on a rhythm entirely distinct from the civil calendar; both hold major holy days and fasts whose dates shift year to year; and both conduct prayer services at times — dawn, dusk, Friday evenings, Saturday mornings — that do not conform to the Sunday-morning patterns around which many municipal land use frameworks were historically designed. A 60- day advance notice requirement, for instance, would render it effectively impossible for WVMA to host gatherings tied to Ramadan, Eid, or Friday Jumu'ah prayers with any flexibility — just as such a requirement would cripple Jewish communities' ability to respond to the demands of the High Holy Days, Passover seders, or Shabbat programming whose attendance often cannot be known weeks in advance.
We are specifically concerned about the following proposed conditions:
• Attendance limits tied to parking lot capacity, requiring worshippers to be turned away at the door. Religious assembly is by nature open and welcoming; no faith community can or should be required to turn away those who come to pray, especially on holy days when attendance swells beyond ordinary expectations.
• Sixty-day advance notice for events exceeding 100 attendees, which is unworkable for communities whose sacred calendar is lunar and whose gathering needs respond to religious obligation rather than administrative planning cycles. • Approximately $1 million in parking lot refinishing costs, a financial burden of a magnitude that would threaten the institutional survival of many houses of worship, regardless of faith tradition.
• Mandatory written member notification for gatherings above 100, which adds bureaucratic complexity to the ordinary rhythms of congregational life.
We are acutely aware that conditions established for one religious institution in a municipality tend to become the template applied to others. What is imposed on WVMA today may well be
ITEM NO. 8.
cited tomorrow in proceedings affecting synagogues, churches, and other houses of worship throughout Los Gatos. We ask the Commission to consider whether these conditions would be applied with equal force to a church hosting Christmas Eve service, or an Easter gathering, where attendance is equally unpredictable and the spiritual stakes equally high.
Faith institutions are not event venues. They are communities of obligation, gathering in response to ancient calendars, sacred duties, and the needs of their members — needs that do not always announce themselves sixty days in advance. We ask the Commission to honor that reality by working with WVMA toward conditions that are proportionate, practical, and respectful of the distinctive nature of religious life.
We are grateful for the Commission's service and its willingness to hear these concerns.
Respectfully submitted,
Rabbi David Kunin, Congregation Beth David, Saratoga
Rabbi Nathan Roller. Congregation Beth David, Saratoga
Rabbi Rafi Ellenson, Congregation Shir Hadash, Los Gatos Cantor Devorah Felder-Levy, Congregation Shir Hadash, Los Gatos Rabbi Dana Magat, Temple Emanu-El, San Jose
Cantor Leah Shafritz, Temple Emanu-El, San Jose
Rabbi Faith Joy Dantowitz, Congregation Emeth, Morgan Hill Rabbi Hugh Seid-Valencia, Jewish Silicon Valley
ITEM NO. 8.
LOS GATOS PLANNING COMMISSION 5/13/2026
Item #5, 16769 Farley Road
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A P P E A R A N C E S:
Los Gatos Planning
Commissioners:
Jeffrey Barnett, Vice Chair
Susan Burnett
Adam Mayer
Joseph Sordi
Rob Stump
Community Development
Director:
Joel Paulson
Town Attorney: Gabrielle Whelan
Transcribed by: Vicki L. Blandin
(619) 541-3405
ATTACHMENT 18
ITEM NO. 8.
LOS GATOS PLANNING COMMISSION 5/13/2026
Item #5, 16769 Farley Road
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P R O C E E D I N G S:
VICE CHAIR BARNETT: Now moving onto Item 5,
which, again, is a consideration of a request for approval to modify an existing Conditional Use Permit for expanded hours of operation in an institution for religious
observance, West Valley Muslim Association, on property zoned R-1:8, located at 16769 Farley Road. APN 424-210062.
Categorically exempt pursuant to CEQA Guidelines 15301, Existing Facilities. Property owner, West Valley Muslim Association, Osmar Ghafoor, President. Applicant, Razi
Mohiuddin. The project planner is Jocelyn Shoopman. Ms.
Shoopman, do we have a Staff Report?
Oh, yes, Commissioner Thomas has to leave,
because she’s in proximity.
CHAIR THOMAS: Yes, I live in proximity to this
project, so I need to recuse myself, so thank you.
VICE CHAIR BARNETT: Ms. Shoopman
JOCELYN SHOOPMAN: Thank you, and good evening.
On April 22nd the Planning Commission discussed this item and received testimony from both the Applicant and a
representative of the neighborhood group. At the April 22nd meeting the Planning Commission continued this item to a date certain of May 13th with direction to Staff to bring
ITEM NO. 8.
LOS GATOS PLANNING COMMISSION 5/13/2026
Item #5, 16769 Farley Road
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back a revised resolution and Conditions of Approval that incorporated the modifications provided by the Planning Commission.
Since the publication of the Staff Report, there
has been and Addendum and Desk Item reports with additional public comments. The Desk Item report provided this
afternoon also includes Alternative Conditions of Approval for consideration by the Planning Commission, including an updated draft resolution as well.
This concludes Staff’s presentation, and we are
available for any questions.
VICE CHAIR BARNETT: Thank you, Ms. Shoopman. Are
there questions for Staff? No. Okay, thank you very much.
I’m going to ask the Town Attorney to address the
issue of the public meeting, which was closed at our last session, and determine what recommendations are made at this time.
ATTORNEY WHELAN: In today’s Desk Item there are
Alternative Conditions of Approval for the Commission’s consideration, and the reason those are there is since the last Planning Commission meeting the Town received a lot of public comment on this issue, and Staff ran all those
public comments through RLUIPA analysis, and as the
Commission will recall, the RLUIPA analysis consists of
ITEM NO. 8.
LOS GATOS PLANNING COMMISSION 5/13/2026
Item #5, 16769 Farley Road
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determining whether or not there is a substantial burden created by a condition, what the compelling government
interest is, and whether the proposed condition is the
least restrictive means of addressing that compelling
government interest.
In addition, the Town needs to determine whether
the conditions treat the use on equal terms with comparable uses and do not discriminate amongst different faiths.
In addition, with regard to each Condition of
Approval that the Town adopts, the Town needs to articulate what the impact is that needs to be addressed, and then articulate how the Condition of Approval mitigates that impact. With that in mind, Staff is proposing some
alternative conditions, and I’d be happy to run through those if that would be helpful to the Commission.
I also wanted to say that based on due process
concerns, since the alternative conditions do deviate from what was originally presented to the Planning Commission, my recommendation to the Commission would be that the
public hearing be reopened for the limited purpose of
speaking only to those Conditions of Approval that have changed.
VICE CHAIR BARNETT: Thank you for that. So, the
redline showing the changes is Exhibit 41, is that correct?
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ATTORNEY WHELAN: That’s correct, and then in
addition there are some other changes to the conditions that were proposed in the Staff Report that are not
captured in the Desk Item Exhibit 41, and I can read those into the record as well.
VICE CHAIR BARNETT: This would be a good time to
do that.
ATTORNEY WHELAN: The first one is Condition of
Approval 23 in the Desk Item, and it was number 25 in the Staff Report. The condition previously read that parking lot monitoring training would be provided by the Los GatosMonte Sereno Police Department, if available, and Staff has confirmed that training is not available from the Police Department, and so Staff is proposing that the condition read instead “with training, as available by an entity that provides this type of training.”
VICE CHAIR BARNETT: Thank you.
ATTORNEY WHELAN: The next change is Condition 26
in Attachment 41, and it was number 28 in the Staff Report.
The condition previously proposed that the parking lot add a specific number of spaces, and the current proposal is that “The Applicant shall submit an application proposing additional parking spaces to the Community Development
Department within six months of the final approval date,
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and complete the construction improvements within one year of the final approval date. The parking lot expansion shall add 23 parking spaces, or up to as many possible based on compliance with Town standards,” and then the rest of that condition would remain the same.
VICE CHAIR BARNETT: Okay, thank you for that.
ATTORNEY WHELAN: The next change is to Condition
of Approval 31 in Attachment 41, and number 33 in the Staff Report. It previously said that the Applicant would
complete its Building Permit application process to
construct a door to allow pedestrian ingress and egress.
The new proposal is “The Applicant shall submit a Building Permit application and receive final inspection to
construct an opening in the concrete wall in front of the property for the purpose of allowing pedestrian ingress and egress to the site without walking in the driveway within one year of the final approval date.”
Then the final one is Condition of Approval 32 in
the Desk Item, and number 34 in the Staff Report. It
previously read that “All site and parking lot lighting shall be full cutoff, downward directed, and at the
Building Code minimum brightness level during Quiet Hours,” and Staff is proposing to add “within one year of the final approval date” to the end of that sentence.
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Those are the items that were captured in the
Staff Report but not the Desk Item, and so now, if this is a good time, I could run through the rest of the changes to the Conditions of Approval if the Commission is interested in considering Alternative Conditions of Approval.
VICE CHAIR BARNETT: I think in the interest of
public communication, and for those who may not have had an opportunity to look at the redline, which was only recently produced, that it would be (inaudible) for us to do that, if you would.
COMMISSIONER STUMP: Did you say as you go
through these to offer alternatives, or at the conclusion? ATTORNEY WHELAN: I wanted to run through the new
Alternative Conditions of Approval so that the Commission has a good understanding, and also the public can hear what they are.
The first change would be to Condition of
Approval 7 in both the Desk Item and the Staff Report. It used to say that there would be an annual compliance review in perpetuity, and the alternative condition would say, “For the three years following approval, the Planning
Commission shall conduct an annual compliance review of the Conditional Use Permit. This compliance review shall be completed at the Applicant’s expense.” The reason that this
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alternative is being proposed is that Staff is conscious of the RLUIPA requirement that religious faiths be treated on equal grounds and that similar uses be treated equality.
Staff conducted a review of other Conditional Use Permits that have been issued by the Town, and we did not locate any Conditional Use Permits that have longer than a threeyear compliance review period.
The next change would be regarding general hours,
which is number 12 in the attachment to the Desk Item. It previously spoke to hours of operation in general, and
Staff wanted to make a distinction between hours for
worship service versus hours for other activities, and so the new proposed language would say that “Worship services shall not begin earlier than 1.5 hours before sunrise, or extend past 10:30pm daily, except as specified in Condition 13, Seasonal Late Hours Exception,” and then a new
Subsection B would be added to say, “Other activities are limited to the hours of 8:00am to 10:00pm.”
VICE CHAIR BARNETT: Thank you.
ATTORNEY WHELAN: Then, with regard to Condition
of Approval 14, it previously stated that vehicles would be limited to the number of onsite parking spaces, and that the evening prayer service would be limited to the maximum building occupancy for the facility. We were not able to
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locate any other Conditional Use Permits that had a
limitation on the number of vehicles, and then we were also concerned that it would be difficult to enforce, because vehicles are allowed to park on public streets.
Condition 15 address lot closure. Originally, the
language read that the lot was required to be vacated
within 30 minutes of the end of the last service. This
would add a new sentence to say, “For all other activities, the parking lot shall be vacated by 10:00pm.”
VICE CHAIR BARNETT: Yes, that (inaudible) sense.
Thank you.
ATTORNEY WHELAN: Food vendors is number 18, and
that originally stated that only the interior of the
parking lot would be used for food vendors. We felt it
would be better to have it be more specific, and so the alternative language would say, “Food vendors associated with events shall be located at least 20 feet from the
property line.”
The next one is 19, High Attendance Guidelines.
It looks like that was just relocated, and that provides at least 30 days before any recurring or seasonal period of high attendance where onsite parking is insufficient to accommodate parking demand, the Applicant shall provide members and attendees written reminders regarding
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respectful parking practices, including use of onsite
spaces, carpooling where possible, and avoidance of
spillover impacts on surrounding residential streets,
minimizing congregating in the parking lot to adhere to Quiet Hours requirements, and compliance with all
applicable Conditions of Approval. Documentation of this communication, (e.g. copy of written notice, email, and posting on the facility’s website), shall be maintained on file and made available to the Community Development
Director upon request.
Section 20 addresses noise mitigation, and Staff
is proposing an alternative condition that would provide that the Applicant must comply with the Town’s Noise
Ordinance. At the last Planning Commission meeting, the Commission was interested in prohibiting amplification
altogether, however, Staff was not able to locate any other Conditional Use Permits in town that prohibit amplification altogether, and so Staff is recommending being consistent.
Parking lot monitoring is number 23, and the
alternative condition provides that, “Training by the Los Gatos-Monte Sereno Police Department” will be provided if available.”
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Number 24, Driveway Operations. That’s redlined,
but that’s not a new change, that is simply saying that the Right Turn sign at the end of the driveway can be removed.
Then, number 26, the alternative language is
proposed to clarify exactly what is intended by repairs to the parking lot, and so the last two sentences would read, “Within six months of the final approval date the existing parking lot shall be repaired so that cracks, bumps, or other anomalies do not contribute to additional noise
generation of passing vehicles. Thereafter the parking lot shall continue to be maintained to avoid conditions like cracks and bumps, which generate noise.”
Condition 28, the alternative provides for
different ways of providing sound and light mitigation. “The Applicant is to fill in any gaps in plantings or
fencing by either planting a hedgerow to fill in gaps at perimeter fences, planting a variety of native trees and shrubs for the purpose of sound and light mitigation, or installing screens, as approved by the Community
Development Director within one year of the final approval date. If plantings are selected, they shall be a minimum size of three gallons, and the selected plantings shall grow 2-4’ per year. The specific plantings shall be based on discussions with the Applicant and the Community
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Development Director. The plantings shall be maintained at a height of 8’. Additionally, the Applicant shall offer to provide plantings or moveable barriers to the neighbor
across the street in order to reduce headlight intrusion into the residential property across the street.”
Condition of Approval 29 reflects what the
Commission discussed at the last meeting, which was
obscuring vehicle headlights through the use of privacy mesh, windscreens, or portable planters or screenings as proposed in the letter that the Commission received prior to its last meeting.
Section 30 is regarding fencing, and it used to
require that the Applicant apply for a Fence Height
Exception for the entire fence currently, and then the
alternative language says, “As portions of the fencing are replaced in the future, the Applicant shall submit an
application for a Fence Height Exception for purpose of increasing the height of the existing fences to 8’ in order to mitigate noise and light pollution.”
Condition 33, the alternative language provides
that the Applicant’s online calendar will provide at least a 60-day notice in advance of events and activities
scheduled to take place, so the change is to replace the word “proposed” with “scheduled activities,” and the intent
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was to make it clear that this notice is intended to be required for activities that are pre-scheduled.
Then Condition 20 previously provided that the
Applicant would provide written notice to members five to ten days prior to a scheduled event anticipated to have an attendance of 100 or more persons, and to remind attendees of the rules regarding the use. The alternative language would provide that, “The Applicant will provide a monthly notice to its membership,” and the purpose of that is to avoid repetitive notices, and all the admonitions could be given in one monthly notice to the membership.
Then, the conditions regarding having the
Applicant request information from Santa Clara County Fire Department and the Police Department have been removed, and the reason that that alternative is being proposed is that Staff will be requesting that information rather than
asking the Applicant to request it.
That is a summary of the changes that are
contained in the Alternative Conditions of Approval.
VICE CHAIR BARNETT: Thank you so much for that.
Much appreciated. With respect to your recommendation that the public hearing being opened for the specific purpose of talking about those changes, is that a decision to be made by the Planning Commission as a whole?
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ATTORNEY WHELAN: Yes.
VICE CHAIR BARNETT: So, my proposal to my fellow
Commissioners is that we need a motion to reopen the public hearing for the specific purpose of discussing with the Applicant and members of the public those changes which were just read by the Town Attorney. Commissioner Burnett.
COMMISSIONER BURNETT: I’ll second that.
VICE CHAIR BARNETT: I didn’t make a motion. Did
you make a motion?
COMMISSIONER BURNETT: I thought that was the
motion.
VICE CHAIR BARNETT: No, I’m looking for a
motion. Commissioner Stump.
COMMISSIONER STUMP: I just wanted to ask for a
clarification. There are some things that may be changed by Commissioners, or recommended changes. Are we going to
propose those recommended changes now, or after we open the public hearing?
VICE CHAIR BARNETT: That’s a good question.
ATTORNEY WHELAN: That is at the Commission’s
discretion. I do think it would be good to have that
discussion now, so that members of the public can react to the potential changes.
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VICE CHAIR BARNETT: I agree with that
recommendation. It makes common sense. Commissioner Stump, did you want to commence with your proposed changes that are in addition?
COMMISSIONER STUMP: Yes, I’ll be glad to start
the process. As you all know, at the last meeting I
proposed a couple of capacity measures. One was to take a look at the early morning service and the last evening
service, and specifically asked Razi, and thank you for giving me numbers, and so tried to work through the numbers and then discovered that those numbers would not be fair, would not be used, would not be supported.
So, then you saw us move to vehicles. You’ve got
180 spaces in your lot currently, so the number would be 180.
My whole reason for doing this is because I still
have serious concerns about public safety on Farley Road, not only for the residents, but also for the mosque-goers, and the traffic flow, etc., and just trying to put a
capacity in here somewhere.
So, what did I do? Today, because we just found
out yesterday that the number of 180 would not be
acceptable and to base it on parking, I did a deep dive into the CUPs for religious institutions in Los Gatos. I
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reviewed eight CUPs, and that’s really the majority of the CUPs for religious institutions in Los Gatos, and found that all of them had a stated capacity in their CUP.
Four of them, and that included Calvary Church,
Venture Church, Los Gatos Methodist Church, and Assembly of God, had specific calculations for their maximum capacity, and that calculation is very simple, and once again, it takes us right back to parking, parking times four. So, for all of those religious institutions, their capacity is
calculated based on parking spaces times four, and so what I would be recommending, again, in the spirit of public safety, etc., that we do put a capacity number on this CUP as well to be consistent with the other religious
institutions in the Town of Los Gatos.
I’m not sure where it would fit here, because we
have obviously eliminated general hours vehicle limitation, but it might be general hours capacity, and that capacity would be set at 720; that is 180 times four.
Obviously, you’ve got a parking lot expansion
potentially on the horizon, and it sounds like that’s
something that could be addressed in the next annual review if that parking lot expansion is addressed. My opinion at this point.
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When we get to late hours, we’ll talked about
needing a reasonableness to expand for late hours.
VICE CHAIR BARNETT: Commissioner Stump. Can you
tell me how many do you have? Because I’m wondering if we should vote independently on each of them, so we don’t lose track.
COMMISSIONER STUMP: Let me just start with two,
and I’m on number 12, but it’s been eliminated. It says, “General hours vehicle limitation.”
VICE CHAIR BARNETT: Okay, thank you.
COMMISSIONER STUMP: And then, it’s down below
Seasonal Late Hours Vehicle Limitation. I would change that to capacity. And so, for the late hours, obviously there is a capacity that’s been set by Santa Clarify County Fire Department, which is 869 as a maximum capacity, and so that would be the maximum capacity during the late hours. Seven hundred and twenty during general period of time, that’s 11 months of the year, and 869 during the Ramadan period, so that would read, “General hours capacity and seasonal late hours capacity.” They probably could be merged, those two items.
VICE CHAIR BARNETT: So, we have a motion. Is
there a second?
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COMMISSIONER STUMP: I move to set capacities for
general hours and seasonal late hours of 720 and 869
respectively.
VICE CHAIR BARNETT: All right, thank you for the
clarification. Is there a second? Commissioner Burnett.
COMMISSIONER BURNETT: I will second that.
VICE CHAIR BARNETT: Discussion? Commissioner
Mayer.
COMMISSIONER MAYER: Question for the Town
Attorney. Is Commissioner Stump’s point about the
calculation four times the amount of parking spaces, is that consistent with the other religious CUPs that he
cited?
ATTORNEY WHELAN: We’ve done the math for, I
think, two of the other CUPs, and correct me if I’m wrong, but I believe it was a ratio of 1:4.
JOCELYN SHOOPMAN: That’s correct. The ratio of
1:4 is coming from the Town Code. The Town Code requires one parking space for every four seats, so that’s where that’s coming from, and we identified two Conditional Use Permits that this attendance cap was used for.
COMMISSIONER STUMP: I guess I would dispute
that, because I went in and researched today and come up with four that use that same methodology, and I named
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those: Calvary Church, Venture Church, Los Gatos Methodist Church, and the Assembly of God, so I’m pretty certain
about that.
VICE CHAIR BARNETT: I appreciate that, and we
did hear that. Comments by anyone else? I’d like to ask the Town Attorney whether those proposed changes are consistent with RLUIPA?
ATTORNEY WHELAN: In my opinion, yes, because the
faith would be being treated on equal terms with other
Conditional Use Permits that have been issued to other
congregations in town.
VICE CHAIR BARNETT: And is there a way to know
under that law whether there needs to be unanimity among the other congregants, the other religious institutions, with respect to that kind of a limitation on capacity?
ATTORNEY WHELAN: The law just provides that a
public agency can’t discriminate amongst different faiths, and so I think a court would say different faiths have to be treated roughly the same, and of course you can take into account different characteristics of different uses.
VICE CHAIR BARNETT: I guess there are a number
of religious institutions on the comparison chart that do not have such limitations, is that correct?
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ATTORNEY WHELAN: I think that’s correct, yes.
Also, another thing is, whenever the Commission is imposing a condition, it’s good to specify what the impact is that needs to be addressed, and how the condition will address that impact.
VICE CHAIR BARNETT: Commissioner Stump, do you
wish to respond to that recommendation by the Town
Attorney?
COMMISSIONER STUMP: I’m sorry, could you repeat
the question?
ATTORNEY WHELAN: When it comes to a vote, it
will be good to articulate on the record what the impact is that’s being addressed by any new Condition of Approval that the Town opts to impose on the permit. So, address what impacts need to be addressed via a Condition of
Approval and how that Condition of Approval mitigates the problem.
COMMISSIONER STUMP: I will state the impact to
the mosque, or the mosque will state the impact?
ATTORNEY WHELAN: If the Commission opts to add
new Conditions of Approval, as part of the discussion the record should reflect what the impact is that needs to be addressed, and how the Condition of Approval solves for that problem.
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COMMISSIONER STUMP: I guess I would look back
and say, one, there is a consistency with other religious institutions in the Town of Los Gatos, at least eight of them, that have capacity numbers that have been
specifically identified that aren’t necessarily set by
Santa Clara County Fire Department, and that it’s for their safety as well.
And as I mentioned, just the overall public
safety, traffic flow, and pedestrians. Again, we’ve got 3,500 people a week traveling through that neighborhood. We have 5,000 a week traveling through that during Ramadan.
This at least provides some target ceiling, and in fact, I think which we’re going to fine. We’ve said 720, right? That’s per service, times five. They could have 3,500
people at their site a day, so what is really the
restriction? It really comes down to this is a capacity number that’s established in consistency with other
religious institutions in Los Gatos.
VICE CHAIR BARNETT: Let’s assume that that’s
part of our motion. Is there any further comment at this point?
I’d like to express my strong opinion that we’re
interfering with the First Amendment and RLUIPA rights of congregants to attend the institution of their choice to
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exercise their religion, and those points are made by legal counsel in the Staff Report, and I think that those need to be deeply considered because of the consequences of a
violation. So, I would be voting against that motion.
But if there is no other discussion, I’ll call
the question.
COMMISSIONER STUMP: Chair, my question though
would be then, I guess you’re saying we’re in violation with all the other CUPs that we have with religious
institutions in the Town of Los Gatos.
VICE CHAIR BARNETT: I’m addressing the
application that’s before the Planning Commission.
COMMISSIONER STUMP: I understand, and I guess
I’m sticking with the consistency of what the Town of Los Gatos has done to date. And by the way, obviously, I
respect your opinion. I desperately want to make sure that we do things right, and I would never want to put the Town at risk, etc., but like I said, 720 people per service, that doesn’t seem like a real capacity constraint.
VICE CHAIR BARNETT: I’ll just add before we call
the question that if we’re not dealing with fire safety with an occupancy limitation, then we’re looking at
restricting someone’s right to exercise their religious preference. Commissioner Sordi.
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COMMISSIONER SORDI: Can I ask for clarification
from the Town Attorney on that? I had thought, and forgive me if I’m getting confused here, I thought the question was put to you whether Commissioner Stump’s suggestion, as long as we justified it properly by citing the impact and the rationale for it, would not violate RLUIPA in your opinion.
So, it seems like your opinion is differing from the
Chair’s opinion.
ATTORNEY WHELAN: And that’s to be expected,
because the courts go in all different directions on these cases. It’s just very fact specific, so it’s going to come down to the facts of what is in front of the Commission tonight. It’s going to be those very same five factors that we always consider. Is it a substantial burden? What’s the interest being solved? Is this the least restrictive means? Are we treating this use comparable to non-religious uses? And are we discriminating amongst faiths? That’s the same analysis that the court would do when it comes to a court.
VICE CHAIR BARNETT: Questions of Staff?
Comments? Commissioner Burnett.
COMMISSIONER BURNETT: Yes, I have question. The
four CUPs of religious organizations in Los Gatos, was it identified why the specific calculations were made? Was it
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based on safety? Was it based on fire? What was it based on?
ATTORNEY WHELAN: I don’t think Staff has that
information tonight.
COMMISSIONER BURNETT: And that didn’t come up in
Commissioner Stump’s inquiry?
ATTORNEY WHELAN: I’m sorry, I’m just speaking
for Staff’s research.
COMMISSIONER BURNETT: Okay, thank you.
VICE CHAIR BARNETT: If there is no other
discussion, I’ll call the question on Commissioner Stump’s motion. All those in favor, raise their hand, please. We have three. And those against? Two. The motion passes.
There were two parts to your motion. I just want to make sure that we’ve captured both of them, right? Okay.
Does anyone else have changes to the proposed
conditions that were presented by the Town Attorney. I
don’t see any. I have a couple.
On Condition 26, Parking Lot Expansion, it was
always my intent that any of those cracks, bumps, or other anomalies be treated on a localized basis, not having a resurfacing of the entire parking lot, and so my proposal is to say, “Within six months of the final approval date, the existing parking lot shall be repaired on a local basis
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so that cracks, bumps, and other anomalies do not
unreasonably contribute to additional noise generation of passing vehicles.” That’s one. I have two more.
On Condition 28, relating to Landscape Plantings,
“The Applicant shall fill in any existing gaps in plantings or fencing by either planting a hedgerow in gaps or
perimeter fences, planting a variety of native trees, etc.” I think that should only be at residential perimeters, not at all sides.
My third one was in Condition 33, on Activity
Calendars. I was persuaded by the Applicant’s materials that that should remain at 30 days rather than 60 days.
Do we want to discuss those individually, or move
through? I can make a motion to approve all those
separately or combined. Commissioner Burnett.
COMMISSIONER BURNETT: I have a question. Did you
say on Condition 33 that you wanted the Applicant’s online calendar shall provide at least a 30-day rather than 60? VICE CHAIR BARNETT: Thirty rather than 60, yes.
The reasons are articulated for that.
I’ll make a motion to approve those three changes
that I just mentioned, and looking for a second.
Commissioner Mayer.
COMMISSIONER MAYER: I’ll second.
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VICE CHAIR BARNETT: Discussion? All those in
favor, raise your hand. And that passes unanimously. Thank you.
I didn’t hear other Commissioners who had changes
in addition to the Staff’s proposals.
COMMISSIONER STUMP: Can you give just one
minute, really quick, just to look it over?
VICE CHAIR BARNETT: Sure.
COMMISSIONER STUMP: Thanks.
(PAUSE)
VICE CHAIR BARNETT: You have other proposals?
No, okay. Thank you very much.
So, now we’ll come to the question of whether or
not to open the public hearing again for the specific
purpose of considering the proposed modified conditions prepared by the Town Staff and Attorney, as well as the changes that were approved just now by Commissioner Stump’s motion and mine. Is there a motion on that?
COMMISSIONER BURNETT: I’ll make a motion to
reopen discussion based on specific questions that were related here.
VICE CHAIR BARNETT: All right, is there a
second? Commissioner Stump. All right, is there discussion? All right. In light of the Town Attorney’s recommendation
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in this regard, I’ll call the question and have those in favor raise their hand. And it passes unanimously.
Would it be Staff’s recommendation that the
Applicant proceed first, I assume, to address this?
ATTORNEY WHELAN: Yes.
VICE CHAIR BARNETT: Okay, if you’d please come
forward. Thank you so much.
RAZI MOHIUDDIN: Thank you. Is there a question,
or should I just address?
VICE CHAIR BARNETT: Well, my preference would be
if you’d look through the redline and articulate to us
those that are acceptable to the Applicant, and those that are not, and for those that are not, the reason.
RAZI MOHIUDDIN: Okay. Thank you so much, Vice
Chair Barnett, and also I want to thank the Staff and Town Attorney for looking through this thing and proposing an alternative set on conditions. Really appreciate that.
This is definitely in the right direction, but we
still have a number of objections to that, and I want to highlight that and would like your consideration for that.
The number one objection that we would have is
the three-year following approval of the Planning
Commission, the compliance review.
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We just went through two years of Ramadan in the
past two years, and you can see the way that we have acted here and have improved our operations in a significant
manner here. The amount of expense and the amount of things that our community has gone through over the last 21 months has been a tremendous burden for us, and we would not like to subject again for another three years, so we would like to request that we go back to…
And I have not seen any Conditional Use Permit
that has a three-year compliance review, at least in my analysis, and I have looked through and spent a tremendous amount of time on every Conditional Use Permit, so I’d like to request that that be scaled back to a single review one year from here. So, that’s number one, and I have a few more points over there, but happy to answer any questions about that.
VICE CHAIR BARNETT: I don’t see any questions.
Please proceed.
RAZI MOHIUDDIN: The second one is I want to come
to the parking lot. In general, the parking lot adding
additional spaces is something that we would definitely like to do, however, adding spaces without actually going through fixing the root damage and reconfiguration is a formidable cost for us, and it is actually even more… This
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is something that has not been… Even though we have been trying to figure out how to plan and fund this thing, it has been a bigger issue for us.
What we would like to do is recommend that we be
given some additional time for that, for adding spaces
specifically. Not for the changes that you requested, which was to repair from a noise perspective. So, for adding
spaces, we would like to request a three-year time period for that, because it’s not just a matter of adding spaces, we’ll have to actually reconfigure the remaining lot, and that requires the million dollar-plus expense.
VICE CHAIR BARNETT: I understand that, thank
you.
RAZI MOHIUDDIN: The third item is that there was
a significant change from our perspective in the language that was made from hours of operations to worship services, and currently the way that we operate, and this is
something that we’re already doing today, is that usually there is always a prayer service, and the prayer service is immediately typically followed by a brief talk for a brief discussion group, essentially a small discussion group that this handled over there.
On some occasions, like for example, on
Saturdays, we typically have something we call “Fajr and
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Coffee.” What that basically means is that we pray the Fajr and then we usually have a coffee among all of the things.
It’s the natural thing for us to do in order to have a
community get together, effectively. That’s part of our normal services that we provide as part of that.
One of the concerns I have is that, as I’ve
pointed out before, every little language essentially is being sometimes used against us effectively in order to call the Police Department or the Fire Department. I spent an hour on Friday with the deputy fire marshal, because somebody called the fire marshal and said check our space again, as an example.
So, we are under intense scrutiny, and what I
would like to do is request that the language be very clear so that we are not found in violation of small things that happen, so I would like to make sure that we request that that be changed back to hours of operation, ideally,
because I don’t want to say that you can only pray and you must leave immediately after. No, you cannot have coffee afterwards, or you cannot have a small group discussion or a talk by our religious leader there, so I would really appreciate if that can be changed back to the hours of
operation, or at a minimum, it be clarified that worship service is followed by any other related activities.
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VICE CHAIR BARNETT: Could you explain that last
comment, please? We’re talking about Condition 12?
RAZI MOHIUDDIN: Yes, Condition 12.
VICE CHAIR BARNETT: And your objection is to B,
“Other activities are limited to the hours of 8:00am to 10:00pm?”
RAZI MOHIUDDIN: Yes. So, for example, if there
is a small talk, a small lecture, as an example, is that okay to have or not okay to have? We do that today. After prayer we will have our Imam or religious leader give a small talk for 10 or 15 minutes. On Saturdays we have, like I said, Fajr and Coffee, where we get together and sit
around, indoors, and have coffee. So, I want to make sure that we are not in violation of the conditions (inaudible) by just calling it worship services.
VICE CHAIR BARNETT: I understand. Okay, thank
you.
RAZI MOHIUDDIN: It actually also applies to 14,
Lot Closure Rule, as well. “Notwithstanding the Quiet Hours limitation for worship, the parking lot shall be vacated…” So, that’s kind of another place where the word “worship” appears as opposed to the hours of operation.
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VICE CHAIR BARNETT: The last sentence, “For all
other activities, the parking lot shall be vacated by
10:00pm”?
RAZI MOHIUDDIN: No, the first part of that. I
will come back to the last sentence that you highlighted in a minute here. I’m looking at Exhibit 41, Lot Closure Rule.
It starts off with saying, “Notwithstanding the Quiet Hours limitation for worship, the parking lot shall be vacated by 11:00pm.” Right?
VICE CHAIR BARNETT: I’m looking at 40, I think.
RAZI MOHIUDDIN: The marked-up copy.
VICE CHAIR BARNETT: Yes, 15 is Lot Closure Rule.
RAZI MOHIUDDIN: Yes.
VICE CHAIR BARNETT: Just so I understand, what
specific language is it that you find objectionable based on the closeness of these activities, or you might even characterize it as part of the worship?
RAZI MOHIUDDIN: I would clarify that for worship
and related services, related activities.
VICE CHAIR BARNETT: Okay, we can go on to your
next one.
RAZI MOHIUDDIN: On the Lot Closure Rule, I have
two other items. I would like to request a resident
exclusion on that. Currently our Imams reside there. Right
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now, it does not have a resident exclusion over there, so I would like to request that, “Notwithstanding the Quiet
Hours limitation or worship, and residence, the parking lot shall be vacated…” Okay, so that’s number one.
The last one is the last sentence in that that
got newly added. It says, “For all other activities the parking lot shall be vacated by 10:00pm.” I’ll tell you the challenge that we have with this one. One of the biggest problems for us is actually, and the reason why we
requested a flat 10:30pm closure, is because there is a tremendous amount of confusion. I don't even know, right now there are multiple times listed here in this thing.
Sometimes it says 10:30pm, sometimes 11:30pm, sometimes 12:00am, sometimes 10:00pm, and it’s very confusing and it’s very hard for us to manage that, and I don’t even know what it means when it says, “For all other activities, the parking lot shall be vacated by 10:00pm.”
Notice that in other places it says we will have
30 minutes to vacate the parking lot after our hours of operation, so there is a tremendous amount of confusion that exists over here, and we would like that last sentence to be struck out.
VICE CHAIR BARNETT: Okay, I think we all
understand that request.
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RAZI MOHIUDDIN: Then I have one other final
thing. Just to clarify, the building occupancy limit by Fire Code today is 869 with chairs, and 1,217 without
chairs. We don’t have chairs or pews in our facility. Of course, we use it if there are seminars or things like
that. For prayer services, we do not use chairs, we have a standing, and so the Fire Code building capacity is 1,217 at this point in time.
COMMISSIONER STUMP: If I could just ask a
question. I don’t recall how many meetings ago now,
probably two meetings ago, we had this conversation,
because I said, “Please help me understand what happens in your prayer services,” because I understand obviously in your carpet you have lines that really identify where
people will stand, so I said, “When you pray, are you
standing the entire time you pray, or are people kneeling and prostrating themselves?” and I thought the answer was yes, and that takes up just as much space as somebody
sitting in a chair, as much as seven to ten square feet, because a chair is tagged seven square feet of space. So, that’s where I’m kind of confused, because I’ve always
wondered what is standing room only, because that would literally mean you’ve got people standing for an hour,
you’ve got people standing two hours, and…
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VICE CHAIR BARNETT: I think he understands the
question.
COMMISSIONER STUMP: Well, I’m trying to get a
clarification.
VICE CHAIR BARNETT: I think he understands the
question.
RAZI MOHIUDDIN: Yes, the way that I look at this
is the following. Yes, when we pray, we stand, we bow, we prostrate, and we come up, effectively, so if I were to line up, as an example, then it would be exactly how much it would be. My width is approximately about a foot, footand-a-half probably, and it’s about a 4’ prayer rug, so 4’ times 1.5 is 6’ approximately. I don't know what the
calculation 1,217 is, but certainly the chairs are much wider than that, because I have hands and things of that nature, and walkway space, and so on, so certainly capacity would be more than 869, so my request would be that we look at the building capacity of 1,217 and use that as a factor, so that would be my recommendation for that.
VICE CHAIR BARNETT: So, you’re referring to 11
on Occupancy Limits.
RAZI MOHIUDDIN: Yes.
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VICE CHAIR BARNETT: That provision refers to
building occupancy established by the Fire and Building Code.
RAZI MOHIUDDIN: Yes.
VICE CHAIR BARNETT: But it’s also in…
COMMISSIONER STUMP: Again, we did not have
numbers for them, Chair, because I said general hours
capacity 720, seasonal late hours capacity 869 was the
number that I put forward, and I think that Razi is
suggesting that number should be 1,217, is that correct? RAZI MOHIUDDIN: That’s right.
COMMISSIONER STUMP: Okay.
VICE CHAIR BARNETT: Okay.
RAZI MOHIUDDIN: I think that’s all…
VICE CHAIR BARNETT: Was there any further with
respect to the written ones or the ones that were passed just this evening by Commissioner Stump and my motion?
RAZI MOHIUDDIN: I think Commissioner Stump’s
motion was about the 869, so I commented on that already.
In terms of your motion, you had three additional
things that I noted which I think which was local fixing of the parking lot.
VICE CHAIR BARNETT: Thirty days.
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RAZI MOHIUDDIN: Thirty days, and residential
properties. We appreciate that as well, because one side of the property is on empty land, so we’d like to limit that on the residential properties only, so really appreciate all three of those ones as well.
I don’t remember if there was a second thing that
Commissioner Stump had besides the 869 thing. Was there another one?
COMMISSIONER STUMP: That was setting a capacity
for general hours, and that capacity was 720.
RAZI MOHIUDDIN: Yes, appreciate that. My
suggestion is instead of using a 720, use a 4X parking
available spot, including offsite parking that might be available, if that’s okay with you.
VICE CHAIR BARNETT: It will come up in further
discussion.
RAZI MOHIUDDIN: That’s right, thank you. I don’t
think I have anything else. Okay, that’s all I had. We
appreciate. Thank you so much for your time.
VICE CHAIR BARNETT: And thank you. Since we’ve
opened the public hearing for a specific discussion on the altered proposed conditions, we haven’t had an opportunity to have cards submitted, and does Staff have a
recommendation in that regard?
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ATTORNEY WHELAN: I would recommend that people
who are interested in speaking line up at the mic, and then they can submit speaker cards after that. Or alternatively, the Commission could take a break to allow for people to submit speaker cards.
VICE CHAIR BARNETT: I like the second
suggestion. What time is it here? We’ve got 10:42. Let’s take a ten-minute break and we’ll continue until 11:00, is that correct, unless there is a motion? 11:30?
ATTORNEY WHELAN: The time at which a motion
would need to be made to extend is 11:30.
VICE CHAIR BARNETT: Okay, thank you. We’ll see
you back in ten minutes.
(INTERMISSION)
VICE CHAIR BARNETT: Thanks, everyone, for taking
a seat. Now we’re going to commence the public hearing by hearing from members of the public who wish to speak, with respect only to the modified conditions that have been
proposed tonight by the Planning Commission, and those that are in the Staff Report in Exhibit 41. I’ll begin with Lee Quintana, if she’s still here.
LEE QUINTANA: Lee Quintana. I’m not sure I can
speak to what you’re asking, because that’s a lot of stuff that’s been thrown at the public sort of at the last
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minute. I never saw the copy of the redline, so it’s hard for me to even figure out right now what are the changes that are being proposed. I guess that’s for you to deal with.
However, I’ve heard Commissioner Stump looked at
four or eight different CUPs, the Planning Department
looked at two, somebody else looked at I don't know how many. I’ve looked at some also, and I came up with a little bit of different ideas from some of the things. I really think you need to see a table comparing all of the church CUPs so that you can see where there is a discrepancy and make it easier to figure out.
There is one church that doesn’t have nearly the
parking spaces that they have the capacity in the church.
They may have spaces in the parking district, but I doubt it’s enough to make up a discrepancy that you’re talking about of four parking spaces per person or whatever it is.
To me, this has been a very confusing and not
well conducted process for a very important application that has lots of implications for everybody in this town, and I’m not here to say what needs to be done, what you should approve, what you shouldn’t approve, but I would tell you that on the whole, when I review these conditions, I feel that it’s almost like you’re trying to punish. It
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doesn’t seem like a level playing field to me. That’s just my overall comment.
VICE CHAIR BARNETT: Thank you very much. I
appreciate your…
LEE QUINTANA: One other thing I wanted to say.
When there are such changes, to have it… I guess it was released this afternoon. I thought I checked to see for updates. I didn’t see any. But changes like that really need to be available to the public early enough so that they can really read them and digest and be able to comment on them. Thank you.
VICE CHAIR BARNETT: Thank you for that comment.
Mr. Ratcliff on Zoom.
DIRECTOR PAULSON: Mr. Ratcliff, you can unmute
yourself.
JIM RATCLIFF: I’m Jim Ratcliff. I’m the direct
neighbor of the WVMA, and I wanted to talk a little bit about the annual Conditional Use Permit review. I think that’s super important, because WVMA has a documented
pattern of violations and neighborhood impacts over the past three years, and this condition is both reasonable and necessary.
Public records show 34 reported violations of
volume noncompliance with Town ordinances. This is not
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isolated incidents, but an ongoing pattern that has
effected the residents and surrounding neighborhood, and there have been acknowledgments that rules were knowingly broken, which raises serious concerns about accountability moving forward.
The residents have seen little meaningful
enforcement or corrective action, especially during evening hours and Ramadan when activity levels increase and many of the most significant impacts occur. Unfortunately,
reporting and enforcement after 6:00pm appear limited,
leaving many neighbors feeling unheard and unsupported.
An annual review is not punitive, it’s a
practical oversight tool that promotes transparency,
compliance, and accountability. It gives the Town an
opportunity to evaluate whether permit conditions are being followed and whether neighborhood impacts are being
properly addressed. Until there is a reliable system for compliance response and ordinance enforcement, an annual review remains an important safeguard for the community and for restoring public trust in the process.
I would just like to point out, Hillbrook is
another entity, and RLUIPA says religious and nonreligious, you can’t discriminate, so there has got to be perpetuity here.
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I just want to remind the Planning Commission
that this CUP modification was about extending the five prayer times and extending the hours for Ramadan. Now there are so many different things that we’re addressing here, it’s like they’re able to amplify outside, they’re going to be able to rent the facility, they’re going to have
unlimited activities on the weekends.
What is the neighborhood getting from all this?
There needs to be a balance. I want limited activities on the weekends. I want a cap on the cars per day. I want some relief from this traffic. I just think there needs to be a balance here. Thank you.
VICE CHAIR BARNETT: Thank you, Mr. Ratcliff. Our
next speaker is Michele S.
MICHELE S.: Thank you.
VICE CHAIR BARNETT: Thank you for coming.
MICHELE S.: I represent one of the neighbors in
the Farley Road Neighborhood Coalition, and I want to make sure people understand that we represent and welcome all religions and cultures, both within the people who reside in our space and those who visit our neighborhood.
I want to also say that the principles of
justice, of having compassion and human dignity, did not
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improve the outcome for the residents, and we’re very
disappointed at the current situation.
I think the biggest concern I have with the
changes that are being proposed is to revert back to an operating hours philosophy versus the creative idea that the Staff came up with of separating out prayer services versus other activities. These new conditions have come so far from the original request from the Applicant to have the ability to pray five times a day and extend the hours to support the luna calendar for their religious practices, which we support.
Over the last several months, and 21 months and
four years having WVMA as our neighbors, these new
conditions are exasperating the intensity of use. It’s not five prayers. It’s coffee, it’s social hour, it’s food
vendors, it’s renting the halls for events, providing me a three-gallon shrub to help me with light pollution. It has completely omitted the residents’ mental health and
wellbeing by not comprising any restrictions to the parking along the fencelines, and by providing meaningful light and noise pollution remedies.
I would like to respectfully ask that we stay
with the current prayer service hours, and that the other hours of operation don’t be one and all inclusive. I think
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they need to stand separate in order for us to understand what the rules are and how we can abide by those rules.
And the lot closure rule is just piling on
another half an hour of my sleepless night, so I
respectfully request that we leave all other activities as part of the language, and we keep the hours of worship
services separate from all other events. Any questions? VICE CHAIR BARNETT: I’ll ask if there are any
questions from the Commissioners?
COMMISSIONER BURNETT: I do have a question,
thank you. If you had your choice of… If we were not able to give the things you did want, would you prefer not to then approve the modification?
MICHELE S.: Based on the instructions for this
part of the meeting, I was only allowed to speak to the new language and conditions that were brought forward…
VICE CHAIR BARNETT: That’s correct, yes.
MICHELE S.: …which are the three-year objections
for the review; the parking lot, the hours; and the lot closure rule. Am I missing anything else? If you want to open up all of them, I can stand here all day.
VICE CHAIR BARNETT: Thank you very much.
MICHELE S.: Did I answer your question though?
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COMMISSIONER BURNETT: I guess I have to withdraw
my question.
MICHELE S.: I’m sorry. I would love to answer
it. Anybody else?
VICE CHAIR BARNETT: No, thank you. I appreciate
your coming and providing those comments. Mary Hogan is next.
MARY HOGAN: Thank you for considering us again.
My concern, or to address an item of tonight’s topic, was the hours. At the March 11, 2020 Planning Commission
meeting on CUP U-20-001, Kareem Syed, Community Outreach and Youth Director for WVMA and the Applicant
representative stated, “As Diego mentioned, our request is to extend operation of hours from 10:00pm to 11:00pm to allow the finish of service and people to exit the
facility.” The meeting was then opened to public comment. A neighbor asked, “How much extension are we talking about? How much more time, activity, are we talking about?”
Commissioner Hudes responded, “Staff Report says Applicant proposed to expand hours of operation from 10:00pm to
11:00pm during 30 days annually of Ramadan.” Public comment was closed and the Applicant was invited back to respond.
Mr. Syed stated, “So, the hours of use that we’re extending is from 10:00pm to 11:00pm, and for that amount of time
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we’re expecting maybe about five to ten cars leaving prior to 11:00pm, around that time, so it’s not extensive in
terms of congregation that will be leaving at that time.” Commissioner Hanssen then asked, “And then could you
clarify for how long is this going to happen?” Mr. Syed replied, “Oh, it’s going to be for 30 days starting around the end of April, going into May.” Commissioner Hanssen asked, “So, then for the rest of the year it would be
10:00pm?” and Mr. Syed replied, “Yes.”
Tonight, regarding CUP U-24-010 and the proposed
modifications, I would like to ask the Applicant the same basic question the neighbor asked in 2020: How much
extension are we talking about? How much more time and
activity are we talking about? Because tonight’s proposed language appears materially different from what was
discussed in 2020. The May 13th draft conditions state
services shall not begin earlier than 1.5 hours before
sunrise or extend past 10:30pm daily, except as specified in Condition 14, Seasonal Late Hours Exception, and under the seasonal late hours exception for a 30-day period
during Ramadan services may extend beyond 10:30pm as
follows: until 11:30pm when sunset is before 7:30pm, until 12:00am when sunset is after 7:30pm.
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So, I am asking for clarification tonight. What
exactly is being extended? Is it hours of operation? Is it the time of service may continue? Or the time by which the parking lot must be cleared? And what level of additional activity is anticipated after 10:30pm? Will it be five to 25 cars?
VICE CHAIR BARNETT: Thank you, your time is up,
but I’ll ask my fellow commissioners if they have any
questions for you, Ms. Hogan. I don’t see any. Thank you very much.
MARY HOGAN: Can I ask the Applicant to reply?
VICE CHAIR BARNETT: No, you cannot. I understand
your concern, but I’m sorry, those are the rules. Osman Ghafoor.
OSMAN GHAFOOR: Thank you, Vice Chair and
Commissioners. I just have a couple of points I wanted to address. Again, it’s to the point that Razi had made about the compliance review. I just want to add something to
that.
There is a sentence at the end of that that says,
“This compliance review shall be completed at the
Applicant’s expense.” That’s a bit vague, so we just want to have a better understanding of what that is. Is it
ITEM NO. 8.
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Staff’s time? So, we just want to point that out, the
ambiguity over there.
The other point I just want to address is the
driveway options. This is, I think, in the revised number 24, Driveway Options. Again, just wording here. The last sentence here, “The Applicant shall ensure that the ingress and egress to the neighboring driveways is preserved.” We’d just prefer to have a bit more words around that that
doesn’t make it, again, ambiguous. “The driveway is not blocked” would be our preference for that.
Those are the only two points I’d like to add.
VICE CHAIR BARNETT: I’m sorry, can you identify
that?
OSMAN GHAFOOR: Yes, it’s number 24 of the
redlined, the Driveway Operations.
VICE CHAIR BARNETT: Which number are we doing?
I’m sorry.
OSMAN GHAFOOR: Two-four. Twenty-four. The last
sentence there says, “The Applicant shall ensure that
ingress and egress to the neighboring driveway is
preserved.” So, again, just to get more clarity, our
preference is to say, “…is not blocked.”
ITEM NO. 8.
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VICE CHAIR BARNETT: Okay, thank you very much.
Are there questions for the speaker? Thank you very much, sir. The next speaker is Mr. Ellahi.
JAVED ELLAHI: Thank you, Mr. Vice Chair Barnett
and the Planning Commission members. Thank you for this opportunity. Thank you for taking the time.
I just wanted one clarification, the issue on the
eight or ten churches that have their parking ratio 4:1. I think that’s more of a building requirement. When you’re building a commercial property and it’s so many square
feet, for each square-foot you have to have so many parking spaces. I don’t think the other way works. So, a church has a 1,000 capacity. It may be required to 250 parking spaces, but I don’t believe there is a CUP violation if 1,200
people show up for a service in that particular church.
What you’re asking us to do is to make it a
violation of the CUP. That does not apply in those eight cases, I don’t believe. I think churches or other places will have the number of cars based on the number of seat availability when they apply for the permit.
Correct me if I’m wrong. Does the permit say that
if the church goes over the four times the limit you’re going to close the church down? Thank you.
ITEM NO. 8.
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VICE CHAIR BARNETT: Thank you. Are there any
questions for Mr. Ellahi? And the last card I have is for Anne Braidish. Thank you.
ANNE BRAIDISH: Hi. I’m the third member of the
bad voice club. Thank you, Commission, and I appreciate all of the time and obvious diligence you’ve put into this.
I live on Farley Road. I live in between Los
Gatos Boulevard and the WVMA, so I am in a very, very high traffic area. I haven’t spoken yet at one of these, so I’m happy to be able to do so tonight.
In light of all the conversation tonight and the
addendums that have been discussed around capacity,
parking, and public safety, I would like the Commission to consider adding permit parking to one side of Farley Road and making another side just no parking. I believe the area around St. Mary’s is a good example of this. I’ve been
ticketed there before, so I’m pretty sure that’s true.
I have a daughter who likes to run through the
neighborhood. She does that training for soccer. She used to roller skate when she was littler, and her two older sisters who are now in collage did the same, and we could be assured that they would be safe, and now that’s just near impossible with the number of cars coming in front of my house on a daily basis.
ITEM NO. 8.
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If we’re talking about 3,500 people a day,
according to the calculations we’ve discussed tonight,
that’s a minimum of 900 cars on any given day, and that’s not high season.
I think that if we would look at making the
street closed to parking to some extent it would solve
problems around safety, capacity, and this general parking issue that’s been at play. Thank you.
VICE CHAIR BARNETT: Any questions? I don’t see
any. Thank you so much. I’d like to ask Staff at this point to comment on two points that were raised. The first one was the cost of presenting a CUP.
SEAN MULLIN: Through the Chair, I believe
there’s another card up there. I know I collected one from the gentleman in the red hat.
VICE CHAIR BARNETT: Okay, thank you very much.
Gus.
GUS: First of all, I think the number of 3,500
or whatever, it should be the…it’s the same people. It’s like 700, they’re just going five times a day, so basically it’s 700.
The biggest problem that happened was they turned
right into the neighborhood. If at night nobody turns into the neighborhood and just goes down and gets things, the
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neighbors can’t complain. Only six houses can complain. The rest of the neighborhood, if anybody in the mosque just, if they had to go back into the neighborhood, they can drive down Frank Avenue, but just get on Los Gatos Boulevard, and that’s the biggest thing.
Another thing was… What was I going to say? I
forgot my train of thought. Sorry. I’ll think of it later.
I know this is tearing up the Town, and a lot of
people are doing it. This is also 11:00 o'clock at night.
The public can speak when you have the Brown Act or
something like that.
I know what I was going to say. This is more
between us and you guys with like a… There is Pop Tart. He has parking in his driveway and stuff like that. That
should count. Or right in front of his house, so those
types of things I don’t think should be tied to the parking lot. There are other ways. The capacity should be like
around 1,000, and I think they know that. Thank you.
VICE CHAIR BARNETT: Thank you, Gus.
DIRECTOR PAULSON: And Chair, we have a couple of
more hands raised.
VICE CHAIR BARNETT: On Zoom?
DIRECTOR PAULSON: The first is Courtney.
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COURTNEY BUI: I actually have two points I
wanted to point out.
The first one is the annual review. I did share
that the CUPs for the Hillbrook School Los Gatos, the
Muslim Community Association in Santa Clara, as well as the Islamic Association of Immigrants in Hayward all contain annual compliance review requirements, so this goes to show that the Town is actually not singling out the Applicant here, we’re just merely also ensuring that it’s just really neighborhood compatibility here, so I think that there are other CUPs that require annual compliance review. So,
that’s point one.
Point number two is the application merely states
that we’re extending of one hour, and the key thing is that to allow the five daily prayers, but as we’ve heard
throughout the night, the intensification of the use on zoning is far from just the additional hour or five daily prayers, it’s activities year-round, every day, every
weekend, and there is no cap to it. So, that’s another
point that I wanted to point out.
Lastly, the third point is the financial burden
that the Applicant talked about. We come to know that is in escrow to purchase a property in Cupertino that’s almost $16-17 million, and planning to have half a million dollars
ITEM NO. 8.
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in terms of improvement there. Now, for the safety of our neighborhood and on Farley Road, it’s over 100 years old and there needs to be improvement, and to put a three-years cap on it, I feel that the financial burden is really a choice, not a burden here.
So, those are the three points that I wanted to
share with the Commission. Thank you.
VICE CHAIR BARNETT: Thank you very much,
Courtney.
DIRECTOR PAULSON: Next speaker is just titled
Zoom User. Zoom User, you can unmute yourself.
KIM RATCLIFF: Hello, hi, that’s me. I’m Kim
Ratcliff, and I just wanted to say thank you, Planning
Commission, for all the work that you have done on this and for reopening the public comment section.
I wanted to address number 20, the High
Attendance Guidelines, and just let you know that this
unfortunately does not address the biggest issue, the
safety out on our street. It says that the Applicant is going to remind its members of respectful parking practices and use of onsite space, and carpooling when possible, and I just want to let you know that WVMA is already doing that and we’ve seen how it works out.
ITEM NO. 8.
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There are up to 300 overflow cars parked on our
streets during Ramadan. On Friday a neighbor watched
multiple people park out on the street and walk into the facility, because it’s a hassle for them to come out and wait in that long bottleneck line to get out.
I appreciate all the conditions, but it’s very
confusing, and there are conditions on there that will not help us with deliveries. What will help us is putting a cap on outside events. WVMA uses it for weddings, and fairs, and bazaars every weekend.
For example, no other church in Los Gatos uses
their outside parking lot for activities. Calvary does not use their parking lot. Faith Lutheran does not use their parking lot. St. Mary’s uses their facility for an outside event one time a year, for the St. Mary’s Country Fair, and I’m not even sure they get 5,000 people on one weekend, which is what we got during Ramadan one week.
What I am asking the Town Planning Commission is
to hold off on this decision. There is so much subjective information, and Commissioner Burnett, last time you said, “We are just piecemealing this together,” and the real
problem here is the traffic and the unsafe streets, and that is not being addressed. I know everyone is trying
their best, but it’s not working, it doesn’t sound like,
ITEM NO. 8.
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for the Applicant, and it’s definitely not working for the neighbors.
I agree with the woman that spoke at the very
beginning. I feel that the neighbors are being punished, and we’ve suffered long enough, and we just want to enjoy safe streets, and enjoy our back yards, and not have to look on WVMA’s website and say, “Can we have people over? Will people be able to park? I don't know, let’s check it out.” I mean, we’re not asking for a lot. It’s not going to take a lot for us to be okay.
VICE CHAIR BARNETT: I’m sorry, your time is up.
KIM RATCLIFF: Okay, thank you so much.
VICE CHAIR BARNETT: But thank you for your
comments. Do we have anyone else on Zoom before 11:30?
DIRECTOR PAULSON: No more hands raised.
VICE CHAIR BARNETT: Thank you. So, with that,
I’m going to close the public portion of the public
meeting, and I guess my proposal is to continue this
meeting to a date certain for the purpose of deliberation by the Planning Commission, hopefully including Chair
Burch, and go through sequentially each of the proposed modifications to the conditions, and hopefully come up with a decision that’s, how can I put this, as fair as possible we can be to the competing interests that are valid,
ITEM NO. 8.
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competing interests and deep ones that are at stake in this matter, and I know we’re going to do our best to try to achieve them.
DIRECTOR PAULSON: Through the Vice Chair, in
anticipation of this maybe being a possibility, and knowing our upcoming calendars, we have three possibilities for a special meeting. One is May 21st, one is June 3rd, and one is June 4th. I don't know how many of you have your calendar in your binder or in your pocket, but if one of those is
satisfactory to at least the majority of the Commissioners here, that would be helpful.
VICE CHAIR BARNETT: You’re suggesting that we
not do this at a regular meeting, because of time?
DIRECTOR PAULSON: Absolutely not, because we
have a number of items that are coming up on our regular meetings.
VICE CHAIR BARNETT: Understood. Okay, so why
don’t we take a minute and look at our…
DIRECTOR PAULSON: And so we’re not in such a
rush, maybe we can get a motion to extend the meeting for ten minutes while folks look at their calendars.
COMMISSIONER STUMP: So moved, ten minutes.
VICE CHAIR BARNETT: Second? Commissioner Mayer.
Ten-minute recess.
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(PAUSE)
VICE CHAIR BARNETT: Could you repeat the dates
for all of us?
DIRECTOR PAULSON: Sure, it’s next Thursday, May
21st. Then Wednesday, June 3rd, or Thursday, June 4th.
VICE CHAIR BARNETT: Thank you.
(PAUSE)
VICE CHAIR BARNETT: Okay, so reconvening. Why
don’t we start with Commissioner Stump, and state your
preference or preferences.
COMMISSIONER STUMP: May 21st.
VICE CHAIR BARNETT: Commissioner Sordi.
COMMISSIONER SORDI: May 21st.
VICE CHAIR BARNETT: Commissioner Burnett.
COMMISSIONER BURNETT: May 21st.
VICE CHAIR BARNETT: Commissioner Mayer.
COMMISSIONER MAYER: I prefer June 3rd or 4th, but
I could potentially make May 21st work, but I know
oftentimes the special meetings start an earlier hour, like 6:00pm. I wouldn’t be able to make a 6:00pm start time. I would be able to make a 7:00pm start time on the 21st.
DIRECTOR PAULSON: We would be looking at 7:00pm.
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VICE CHAIR BARNETT: I have a conflict, but I
could make it go away, so a motion, the meeting will be continued to May 21st at 7:00pm.
DIRECTOR PAULSON: There’s a motion, and then you
just need a second, and then a vote.
VICE CHAIR BARNETT: Second? That’s my motion.
COMMISSIONER STUMP: I move to set the next
meeting on May 21st, 7:00pm.
VICE CHAIR BARNETT: Second? I’ll second the
motion. All those in favor? Okay, it passes unanimously. Is there a motion to continue the meeting past 11:30?
DIRECTOR PAULSON: I think we already made that
motion to add ten minutes, so we should be good.
VICE CHAIR BARNETT: All right, glad we did that.
Very good. Thanks, everyone, for your patience and
participation. It’s very much appreciated, and perhaps
we’ll see you on the 21st.
With that, I’ll call the meeting adjourned.
(END)
ITEM NO. 8.
PREPARED BY: Jocelyn Shoopman
Senior Planner
Reviewed by: Planning Manager, Community Development Director, and Town Attorney 110 E. Main Street Los Gatos, CA 95030 ● 406-354-6832
www.losgatosca.gov
TOWN OF LOS GATOS
PLANNING COMMISSION
REPORT
MEETING DATE: 05/21/2026
ITEM NO: 1
DATE: May 15, 2026
TO: Planning Commission
FROM: Joel Paulson, Community Development Director
SUBJECT: Consider a Request for Approval to Modify an Existing Conditional Use Permit for Expanded Hours of Operation in an Institution for Religious Observance (West Valley Muslim Association) on Property Zoned R-1:8. Located at 16769 Farley Road. APN 424-21-062. Categorically Exempt Pursuant to CEQA Guidelines Section 15301: Existing Facilities. Property Owner: West Valley Muslim Association, Osmar Ghafoor, President. Applicant: Razi Mohiuddin. Project Planner: Jocelyn Shoopman.
REMARKS:
On May 13, 2026, the Planning Commission discussed the item and received testimony from the applicant and the public regarding the alternative conditions of approval considered by the Planning Commission. The Planning Commission continued the item to a date certain of May 21, 2026.
A clean version and track changes version of the modified conditions of approval to reflect the May 13, 2026, Planning Commission meeting are attached as Attachment A of Exhibit 44 and Exhibit 45, respectively.
CONCLUSION:
Staff recommends that the Planning Commission adopt the draft Resolution (Exhibit 44) to make the required findings and approve the modification of the CUP subject to the conditions of approval (Exhibit 44, Attachment A):
1. Find that the proposed project is Categorically Exempt, pursuant to Guidelines for the Implementation of the California Environmental Quality Act, Section 15301;
2. Find that the project meets the objective standards of Chapter 29 of the Town Code (Zoning Regulations);
ATTACHMENT 19
ITEM NO. 8.
PAGE 2 OF 4
SUBJECT: 16769 Farley Road/U-24-010
DATE: May 15, 2026
3. Make findings as required by Town Code section 29.20.190 for granting approval of a modification to a CUP; and
4. Adopt the draft Resolution to approve the CUP application, U-24-010, with the recommended conditions of approval contained in Exhibit 44, Attachment A.
PUBLIC COMMENTS:
Public comments received between 11:01 a.m., Wednesday, May 13, 2026, and 3:00 p.m., Friday, May 15, 2026, are included as Exhibit 46.
EXHIBITS:
Previously Received with the March 25, 2026, Staff Report:
1. Location Map
2. Draft Resolution Making the Required Findings and Approving the Application Subject to the Conditionals of Approval (Included as Attachment A)
3. Conditional Use Permit U-89-11
4. Conditional Use Permit U-20-001; March 11, 2020, Planning Commission Staff Report; and March 11, 2020, Planning Commission Minutes
5. Letter of Justification
6. Neighborhood Outreach
7. Noise Analysis
8. Site Map
9. Applicant's Response to Public Comments Regarding Noise
10. Additional Information from the Applicant
11. Public Comments Received by 11:00 a.m., Friday, March 20, 2026, with Attachment A, Videos Provided as Part of Public Comments
Previously Received with the March 23, 2026, Addendum Report:
12. Public Comments Received Between 3:01 p.m., Friday, March 20, 2026, and 3:00 p.m., Monday, March 23, 2026
Previously Received with the March 24, 2026, Addendum Report 2:
13. Public Comments Received Between 3:01 p.m., Monday, March 23, 2026, and 3:00 p.m., Tuesday, March 24, 2026
Previously Received with the March 25, 2026, Desk Item Report:
14. Supplemental Information from the Applicant
15. Letter from the Applicant’s Legal Counsel
16. Public Comments Received Between 3:01 p.m., Tuesday, March 24, 2026, and 11:00 a.m., Wednesday, March 25, 2026
ITEM NO. 8.
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SUBJECT: 16769 Farley Road/U-24-010
DATE: May 15, 2026
Previously Received with the March 27, 2026, Staff Report:
17. Public Comments Received Between 11:01 a.m., Wednesday, March 25, 2026, and 3:00 p.m., Friday, March 27, 2026
Previously Received with the March 30, 2026, Addendum Report:
18. Public Comments Received Between 3:01 p.m., Friday, March 27, 2026, and 3:00 p.m., Monday, March 30, 2026
Previously Received with the March 31, 2026, Desk Item Report:
19. Additional Information from the Applicant’s Legal Counsel
20. Supplemental Information from the Applicant’s Noise Consultant
21. Applicant’s Neighborhood Outreach
22. Applicant’s Response to Public Comments
23. Public Comments Received Between 3:01 p.m., Monday, March 30, 2026, and 11:00 a.m., Tuesday, March 31, 2026
Previously Received with the April 22, 2026, Staff Report:
24. Applicant’s Response to Neighborhood Group Meeting
25. Neighborhood Group’s Response to Meeting with the Applicant
26. Public Comments Received Between 3:01 p.m., Tuesday, March 31, 2026, and 3:00 p.m., Friday, April 17, 2026
Previously Received with the April 20, 2026, Addendum Report:
27. Additional Information from the Neighborhood Group
28. Public Comments Received Between 3:01 p.m., Friday, Apil 17, 2026, and 3:00 p.m., Monday, April 20, 2026
Previously Received with the April 21, 2026, Addendum 2 Report:
29. Public Comments Received Between 3:01 p.m., Monday, April 20, 2026, and 3:00 p.m., Tuesday, April 21, 2026
Previously Received with the April 22, 2026, Desk Item Report:
30. Supplemental Information from the Applicant
31. Additional Information from the Applicant’s Legal Counsel
32. Commissioner Comments
33. Public Comments Received Between 3:01 p.m., Tuesday, April 21, 2026, and 11:00 a.m., Wednesday, April 22, 2026
Previously Received with the May 13, 2026, Staff Report:
34. Draft Resolution Making the Required Findings and Approving the Application Subject to the Modified Condition of Approval (Included as Attachment A)
35. Modified Conditions of Approval, Track Changes
36. Applicant’s Response to the New Conditions of Approval
ITEM NO. 8.
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SUBJECT: 16769 Farley Road/U-24-010
DATE: May 15, 2026
37. Public Comments Received Between 11:01 a.m., Wednesday, April 22, 2026, and 3:00 p.m., Friday, May 8, 2026
Previously Received with the May 12, 2026, Addendum Report:
38. Corrected Modified Conditions of Approval, Track Changes
39. Public Comments Received Between 3:01 p.m., Friday, May 8, 2026, and 3:00 p.m., Tuesday, May 12, 2026
Previously Received with the May 13, 2026, Desk Item Report:
40. Revised Draft Resolution Making the Required Findings and Approving the Application Subject to the Conditionals of Approval (Included as Attachment A)
41. Revised Conditions of Approval, Redlined
42. Comparison Chart of Approved Conditional Use Permits
43. Public Comments Received Between 3:01 p.m., Tuesday, May 12, 2026, and 11:00 a.m., Wednesday, May 13, 2026
Received with this May 15, 2026, Staff Report:
44. Draft Resolution Making the Required Findings and Approving the Application Subject to the Conditionals of Approval (Included as Attachment A)
45. Modified Conditions of Approval, Track Changes
46. Public Comments Received Between 11:01 a.m., Wednesday, May 13, 2026, and 3:00 p.m., Friday, May 15, 2026
ITEM NO. 8.
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Resolution 26 - _______ __, 2026
RESOLUTION 2026-
RESOLUTION OF THE PLANNING COMMISSION OF THE TOWN
OF LOS GATOS APPROVING CONDITIONAL USE PERMIT U-24-010
FOR A REQUEST TO MODIFY AN EXISTING CONDITIONAL
USE PERMIT FOR EXPANDED HOURS OF OPERATION IN AN INSTITUTION
FOR RELIGIOUS OBSERVANCE (WEST VALLEY MUSLIM ASSOCIATION) ON PROPERTY ZONED R-1:8.
PROPERTY LOCATION: 16769 FARLEY ROAD
APN 424-21-062
CONDITIONAL USE PERMIT APPLICATION: U-24-010
PROPERTY OWNER: WEST VALLEY MUSLIM ASSOCIATION,
OSMAR GHAFOOR, PRESIDENT. APPLICANT: RAZI MOHIUDDIN
WHEREAS, the applicant requests approval to modify an existing Conditional Use Permit (CUP) to expand the hours of operation in an institution for religious observance (West Valley Muslim Association) on property located at 16769 Farley Road (Santa Clara County Assessor Parcel Number 424-21-062); and
WHEREAS, a CUP (U-89-11) was approved for this location on January 10, 1990; and WHEREAS, the original CUP (U-89-11) authorized maintaining an existing church facility and allowed the improvement and expansion of an existing institution for religious observance facility with hours of operation that were not allowed to extend past 10:00 p.m.; and WHEREAS, on March 11, 2020, the Planning Commission approved a modification to the original CUP (U-20-001); and
WHEREAS, the modified CUP (U-20-001) changed the hours of operation to allow for operation from 10:00 p.m. to 11:00 p.m., for 30 days annually during the month of Ramadan for religious services; and
WHEREAS, the applicant seeks a modification of the current CUP to expand the hours of operations to be: 1.5 hours before sunrise and to 10:30 p.m., seven days a week; and during the 30-day month of Ramadan, 1.5 hours before sunrise to 11:30 p.m., whenever the sunset is prior to 7:30 p.m., or until 12:00 a.m. whenever the sunset is after 7:30 p.m.; and WHEREAS, in accordance with Town Code Section 29.20.200, modifications to CUPs are required under the following circumstances:
EXHIBIT 44
ITEM NO. 8.
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Resolution 26 - _______ __, 2026
1. Intensification of use. Changes of use that will result in an increase of five (5) or more peak hour trips.
2. Commencement of new activities that could have a material adverse impact on the surrounding area.
3. Any change that is a substantial departure from plans which were the basis of the conditional use permit approval; and
WHEREAS, the project requires approval of a modification to an approved CUP because it will involve expanded hours of operation pursuant to Town Code Section 29.20.200; and WHEREAS, on March 25, 2026, the Planning Commission held a public hearing, received testimony from the applicant and all interested persons who wished to testify or submit documents, and continued the item to a date certain of March 31, 2026; and WHEREAS, on March 31, 2026, the Planning Commission held a public hearing, received testimony from the applicant and all interested persons who wished to testify or submit documents, and continued the item to a date certain of April 22, 2026; and WHEREAS, on April 22, 2026, the Planning Commission held a public hearing, received testimony from the applicant and all interested persons who wished to testify or submit documents, and continued the item to a date certain of May 13, 2026; and WHEREAS, on May 13, 2026, the Planning Commission held a public hearing, received testimony from the applicant and all interested persons who wished to testify or submit documents, and continued the item to a date certain of May 21, 2026; and WHEREAS, on May 21, 2026, the Planning Commission held a public hearing and reviewed the modified conditions of approval; and
WHEREAS, the Planning Commission considered all testimony and materials submitted along with all subsequent reports and materials submitted regarding the planning application; and
WHEREAS, the testimony and materials submitted described impacts to neighboring residences of night-time light intrusion from vehicle headlights and light standards on the property, noise from vehicles before sunrise and after 10:00 p.m., pedestrian safety concerns resulting from pedestrians walking in the right-of-way due to vehicles parked along the right-ofway in the vicinity of the facility, and blockage of driveways resulting from vehicle queuing to enter the property during Ramadan; and
WHEREAS, the Planning Commission added conditions of approval to address the impacts to neighboring residences resulting from the added hours of operation;
ITEM NO. 8.
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Resolution 26 - _______ __, 2026
NOW, THEREFORE, BE IT RESOLVED, CUP application (U-24-010), as attached in Exhibit A, is approved. The original CUP, U-89-11, and the modification CUP, U-20-001, are superseded.
The Planning Commission of the Town of Los Gatos approves the application for a modification to the CUP based on the following findings:
1. The Recitals above are incorporated into these findings.
2. The following findings are made by the Planning Commission of the Town of Los Gatos. The facts and evidence that support these findings are also contained and explained in the record of proceedings for the proposed request, including without limitation the staff report for the Planning Commission hearings. (A) Finding required for the California Environmental Quality Act (CEQA):
The project is Categorically Exempt pursuant to the adopted Guidelines for the Implementation of the California Environmental Quality Act (CEQA), Section 15301: Existing Facilities. No significant effect on the environment will occur since the project uses an existing structure with no proposed changes to the building size or parking lot size, no increase in floor area, and negligible expansion of use beyond existing conditions. Furthermore, none of the exceptions to categorical exemptions set forth in the CEQA Guidelines Section 15300.2 apply to this project. The use of the facility remains consistent with the March 11, 2020, Planning Commission approval as a religious institution. The applicant’s request for approval to modify the existing CUP is limited to the hours of operation. No additional requested modifications to the CUP or existing structures are proposed. Under the current conditions, vehicles enter and exit the property for multiple services until 10:00 p.m. for most of the year and until 11:00 p.m. during Ramadan. Because the parking lot capacity is 180 spaces, it is estimated that the number of vehicles currently entering and exiting the property is approximately 180 vehicles at the heavily-attended services. In addition, vehicles currently park on public right of way at heavily-attended services. The proposed modification would extend this use by ½ hour for most of the year and for one hour during Ramadan, which is a negligible change in the hours of operation.
(B) Findings required for compliance with the Zoning Regulations:
The project meets the objective standards of Chapter 29 of the Town Code (Zoning Regulations) in that a CUP is required for an institution for religious observance and CUP U-24-001 is approved.
(C) Findings required for a Conditional Use Permit:
As required by Town Code Section 29.20.190, the Planning Commission finds that, with the conditions of approval:
ITEM NO. 8.
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Resolution 26 - _______ __, 2026
1) The proposed use of the property is essential or desirable to the public convenience or welfare because the use will continue providing an existing facility for religious observance; and
2) The proposed use would not impair the integrity and character of the residential zone in that conditions of approval addressing the impacts to the neighboring residences of night-time light intrusion from light standards and vehicle headlights, overflow parking, noise, pedestrian safety, and traffic are included; and
3) The proposed use would not be detrimental to public health, safety, or general welfare because the conditions of approval address the impacts to the neighboring residences of traffic, pedestrian safety, overflow parking, and night-time light intrusion in that the hours of operation shall not begin prior to one and one-half hours before sunrise nor extend past 10:30 p.m., seven days a week to accommodate indoor, morning and nighttime prayer services; and during the 30-day month of Ramadan, indoor nighttime prayer services shall not extend past 11:30 p.m. whenever sunset is prior to 7:30 p.m., or until 12:00 a.m. whenever sunset is after 7:30 p.m.; and the use is required to comply with the noise mitigation, light mitigation, parking lot monitoring, traffic monitoring, and overflow parking plan set forth in the conditions of approval; and
4) The proposed use of the property is in harmony with the various elements or objectives of the General Plan and the purposes of the Town Code, because it will continue an existing use for religious observance; there is no additional building square footage being proposed; and the facts and evidence that support this finding are also contained and explained in the record of proceedings for the proposed request, including without limitation the staff report for the Planning Commission hearing.
(D) RLUIPA Findings:
The conditions of approval listed below do not constitute a “substantial burden” to the permittee in that the parking lot expansion is already planned to address existing parking overflow and the costs of pavement repairs, plantings, and increased fencing are manageable in light of the permittee’s large size. Even if any of these conditions were to constitute a “substantial burden,” they are the least restrictive means to address a compelling government interest in that they are the least expensive means by which the impacts to the neighbors of night-time activities can be mitigated. As demonstrated on the comparison chart distributed as a desk item for the May 13, 2026, Planning Commission meeting, the conditions of approval treat this use on “equal terms” with nonreligious uses and in a non-discriminatory manner with regard to other religious uses to the extent this use is similarly situated to those uses. The conditions of approval have been developed to
ITEM NO. 8.
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Resolution 26 - _______ __, 2026
address the unique impacts of night-time services in a residential zone on a parcel surrounded by thirteen single-family residences. i. Conditions of approval #28 and 29 address the impacts to neighbors of light intrusion from vehicle headlights and light standards.
ii. Conditions of approval #20, 26, and 30 address the impacts to neighbors of noise from vehicles before and after night-time activities. iii. Condition of approval #25 addresses the impacts to neighbors of parking overflow.
iv. Condition of approval #24 addresses the impacts to neighbors of vehicle queuing which impedes access to residential driveways.
3. The Planning Commission of the Town of Los Gatos approves Conditional Use Permit Application (U-24-010) for expanded hours of operation in an institution for religious observance (West Valley Muslim Association) on property zoned R-1:8, located at 16769 Farley Road; and Assessor Parcel Number 424-21-062, subject to the attached Conditions of Approval included as Exhibit A.
4. Pursuant to Town Code Section 29.20.275, this decision is appealable to the Town Council within ten days of adoption of this resolution.
5. If any section, subsection, sentence, clause, or phrase of this resolution is for any reason held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of this resolution.
PASSED AND ADOPTED at a regular meeting of the Planning Commission of the Town of Los Gatos, California, held on the 21st day of May 2026, by the following vote:
PLANNING COMMISSIONERS:
AYES:
NAYS:
ABSENT:
ABSTAIN: SIGNED:
CHAIR OF THE TOWN OF LOS GATOS
PLANNING COMMISSION
DATE: __________________
ATTEST:
COMMUNITY DEVELOPMENT DIRECTOR
DATE: __________________
ITEM NO. 8.
This Page
Intentionally
Left Blank
ITEM NO. 8.
Planning Commission – May 21, 2026
CONDITIONS OF APPROVAL
16769 Farley Road
Conditional Use Permit Application U-24-010
Requesting Approval to Modify an Existing Conditional Use Permit for Expanded Hours of Operation in an Institution for Religious Observance (West Valley Muslim Association) on Property Zoned R-1:8. APN 424-21-062. Categorically Exempt Pursuant to CEQA Guidelines Section 15301: Existing Facilities.
Property Owner: West Valley Muslim Association, Osman Ghafoor, President.
Applicant: Razi Mohiuddin.
TO THE SATISFACTION OF THE DIRECTOR OF COMMUNITY DEVELOPMENT:
A. General Conditions
1. Approval and Substantial Conformance
This application shall be completed in accordance with all conditions of approval and in substantial compliance with the approved plans. Any changes or modifications shall be approved by the Community Development Director, Development Review Committee (DRC), or the Planning Commission, depending on the scope.
2. Expiration
The approval will expire two years from the approval date pursuant to Section 29.20.320 of the Town Code, unless the approval has been vested.
3. Lapse for Discontinuance
If the activity for which the Conditional Use Permit has been granted is discontinued for one (1) year, the approval lapses pursuant to Section 29.20.340 of the Zoning Ordinance.
4. Compliance Memorandum
A memorandum, consistent with Town practice, shall be prepared and submitted with the building permit detailing how each condition of approval will be addressed.
5. Interpretation and Implementation
No verbal interpretation, directive, or guidance shall be considered valid or binding for purposes of compliance with this Conditional Use Permit. The applicant shall not rely on any direction or approval unless it is documented in writing and expressly authorized by the Community Development Director.
6. Town Indemnity
Applicants are notified that Town Code Section 1.10.115 requires that any applicant who receives a permit or entitlement (“the Project”) from the Town shall defend (with counsel approved by Town), indemnify, and hold harmless the Town, its agents, officers, and employees from and against any claim, action, or proceeding (including without limitation any appeal or petition for review thereof) against the Town or its agents, officers or employees related to an approval of the Project, including without limitation any related application, permit, certification, condition, environmental determination, other EXHIBIT 44, ATTACHMENT A Page 15 Page 1855
ITEM NO. 8.
approval, compliance or failure to comply with applicable laws and regulations, and/or processing methods (“Challenge”). Town may (but is not obligated to) defend such Challenge as Town, in its sole discretion, determines appropriate, all at applicant’s sole cost and expense.
Applicant shall bear any and all losses, damages, injuries, liabilities, costs and expenses (including, without limitation, staff time and in-house attorney’s fees on a fully-loaded basis, attorney’s fees for outside legal counsel, expert witness fees, court costs, and other litigation expenses) arising out of or related to any Challenge (“Costs”), whether incurred by Applicant, Town, or awarded to any third party, and shall pay to the Town upon demand any Costs incurred by the Town. No modification of the Project, any application, permit certification, condition, environmental determination, other approval, change in applicable laws and regulations, or change in such Challenge as Town, in its sole discretion, determines appropriate, all at the applicant’s sole cost and expense. No modification of the Project, any application, permit certification, condition, environmental determination, other approval, change in applicable laws and regulations, or change in processing methods shall alter the applicant’s indemnity obligation.
7. Compliance Review
For the three years following approval, the Planning Commission shall conduct an annual compliance review of the Conditional Use Permit. This compliance review shall be completed at the applicant’s expense.
8. Compliance with Laws
The applicant shall comply with all applicable federal, state, and local laws, including the Town Code, as they may be amended from time to time. This includes, but is not limited to, compliance with all updated zoning, building, noise, traffic, parking, and environmental regulations enacted by the Town Council.
B. Use and Occupancy
9. Permitted Use
Operate an existing institution for religious observance. In addition to worship services, the applicant may use the facility for religious exercise, including but not limited to prayers, religious educational classes, Sunday school, as well as community events, charitable events, and other activities related to the religious mission of the institution.
Facility may be rented to community members or by organizations providing educational, charitable, religious or other services for the benefit of the institution’s members.
10. Living Quarters
The leaders’ quarters shall not be used for any purpose other than living quarters for visiting scholars and/or leaders associated with the institution.
11. Occupancy Limits
On-site events shall be limited to the maximum building occupancy established by Fire and Building Code.
ITEM NO. 8.
C. Facility Operations
12. General Hours
a. Worship services shall not begin earlier than 1.5 hours before sunrise or extend past 10:30 p.m. daily, except as specified in Condition 13, Seasonal Late-Hours Exception. b. Other activities are limited to the hours of 8 a.m. to 10 p.m. c. The congregation for general worship services shall be limited to a maximum of 720 persons.
13. Seasonal Late-Hours Exception
Thirty (30) day period during Ramadan, services may extend beyond 10:30 p.m. as follows:
Until 11:30 p.m. when sunset is before 7:30 p.m.
Until 12:00 a.m. when sunset is after 7:30 p.m.
The applicant shall maintain a publicly available website and list on an annual basis the dates seasonal late hours will be exercised for Ramadan. Seasonal-late hours in this Section are not transferable to another owner or use for which nighttime worship is not a component of their religion.
a. The congregation for seasonal late-hour worship services shall be limited to a maximum of 869 persons.
14. Intentionally omitted.
15. Lot Closure Rule
Notwithstanding the Quiet Hours limitation, for worship the parking lot shall be vacated by 11:00 p.m. during general hours of operation and within 30 minutes of the end of the last service during seasonal late hours, with staff or volunteers reminding attendees to leave quietly. The lot can be opened two hours prior to sunrise for the pre-sunrise services. For all other activities, the parking lot shall be vacated by 10 p.m.
16. Windows and Doors
Windows and doors on the west elevation shall remain closed when indoor services are taking place, except for ingress and egress to the building.
17. Deliveries
Deliveries by vehicles exceeding 26,000 pounds GVWR shall occur between 8:00 a.m. and 6:00 p.m., Monday through Friday.
18. Food Vendors
Food vendors associated with events shall be located at least 20 feet from the property line.
19. High Attendance Guidelines
At least thirty (30) days before any recurring or seasonal period of high attendance where on-site parking is insufficient to accommodate parking demand, the applicant shall provide members and attendees written reminders regarding:
a. Respectful parking practices, including use of on-site spaces, carpooling where possible, and avoidance of spillover impacts on surrounding residential streets. b. Minimizing congregating in the parking lot to adhere to Quiet Hours requirements. c. Compliance with all applicable Conditions of Approval.
ITEM NO. 8.
Documentation of this communication (e.g., copy of written notice, email, and posting on the facility’s website) shall be maintained on file and made available to the Community Development Director upon request.
D. Noise
20. Noise Mitigation
Quiet Hours are established as 10:00 p.m. – 8:00 a.m. daily. During Quiet Hours:
a. Noise Standard – All activities shall comply with the Town’s Noise Ordinance residential standard in effect at the time of the activity measured at the property line during 10:00 p.m. – 8:00 a.m.
a. Parking Lot Operations – During Quiet Hours when a service is not in session, the lot may only be used for ingress, egress, security, emergency access, or use by the leaders’ quarters occupants.
b. Building Operations – Windows facing residences shall remain closed during Quiet Hours. Doors facing residences shall remain closed during Quiet Hours, except when necessary to permit ingress and egress to the building for morning and nighttime services. Doors may be opened for the limited purpose of ingress and egress. c. Signage and Communication – The applicant shall maintain posted “Quiet Hours” signage and provide reminders to attendees regarding minimizing noise when leaving. Such signage specifying the established quiet hours shall be prominently displayed and appropriately maintained on the building in such a manner to ensure signs are clearly visible and easily readable at all times to individuals entering and exiting the building.
21. Noise Ordinance
The Noise Ordinance of the Town of Los Gatos is specifically adopted as conditions of approval for the Conditional Use Permit.
Intentionally Omitted.
E. Parking and Traffic
22. Monthly Communication
The applicant shall continue monthly outreach to members encouraging carpooling, use of on-site spaces, and to be sensitive to the concerns of the neighborhood residents.
23. Parking Lot Monitoring
For events anticipated to exceed available on-site parking, the applicant shall implement traffic management measures which may include parking attendants, directional signage, carpooling encouragement, or other measures. The applicant shall designate a person, volunteer, or parking attendant to monitor on-site parking during any service or event expected to generate attendance that may approach or exceed available on-site parking capacity, with training as available by an entity that provides this type of training. The monitor shall make reasonable efforts to ensure that:
a. All on-site spaces are utilized before attendees seek parking off-site. b. All vehicles parked on-site shall maintain emergency vehicle access.
ITEM NO. 8.
24. Driveway Operations
During events expected to generate traffic volumes that may result in queuing or neighborhood spillover, both driveways shall be used for exiting the property, with traffic attendants provided as necessary to facilitate circulation. Applicant shall make accommodations to facilitate access by public safety resources when necessary. The applicant is authorized to remove the right turn only sign at the end of the egress driveway. The applicant shall ensure that ingress and egress to neighboring driveways is preserved.
25. Event Parking Overflow Plan
For events where on-site parking is insufficient to accommodate parking demand, the applicant shall implement an overflow parking plan.
26. Parking Lot Expansion
The applicant shall submit an application proposing additional parking spaces to the Community Development Department for review within six months of the final approval date and complete the construction improvements within one year of the final approval date. The parking lot expansion shall add 23 parking spaces or up to as many as possible based on compliance with Town Code standards. Within six months of the final approval date, the existing parking lot shall be repaired on a local basis so that cracks, bumps, or other anomalies do not unreasonably contribute to additional noise generation of passing vehicles. Thereafter the parking lot shall continue to be maintained to avoid conditions like cracks and bumps which generate noise.
F. Facilities and Site Design
27. Electric Gate
Any future modification to the existing electronic sliding gate, or installation of a new electronic sliding gate shall include sound dampening approaches and technologies.
28. Landscape Plantings
For the purposes of sound and light mitigation, the applicant shall fill in any existing gaps in plantings or fencing by either planting a hedgerow to fill in gaps at perimeter fences, planting a variety of native trees and shrubs for the purpose of sound and light mitigation, or installing screens for those perimeters adjacent to residential uses, as approved by the Community Development Director within one year of the final approval date. If plantings are selected, they shall be a minimum size of three gallons and the selected plantings shall grow two to four feet per year. The specific plantings shall be based on discussions with the applicant and the Community Development Director. The plantings shall be maintained at a height of eight feet. Additionally, the applicant shall offer to provide plantings or moveable barriers to the neighbor across the street in order to reduce headlight intrusion into the residential property across the street.
29. Portable Screening
Prior to the mature growth of landscape plantings, as detailed in Condition #30, the applicant shall obscure vehicle headlights on the perimeter properties to the facility through the use of privacy mesh, wind screens, or the use of portable planters/screening
ITEM NO. 8.
as proposed by Zayn Zaafran’s letter dated, April 20, 2026, included in Exhibit 29 of the April 22, 2026, Planning Commission staff report packet.
30. Fencing
As portions of the fencing are replaced in the future, the applicant shall submit an application for a fence height exception to the Community Development Department for the purpose of increasing the height of existing fences around the perimeter of the property to eight feet for the purpose of mitigating noise and light pollution.
31. Pedestrian Ingress and Egress
The applicant shall submit a Building Permit application and receive final inspection to construct an opening in the concrete wall in front of the property for the purpose of allowing pedestrian ingress and egress to the site without walking in the driveway within one year of the final approval date.
32. Lighting
All site and parking lot lighting shall be full-cutoff, downward directed, and at the Building Code minimum brightness level during Quiet Hours within one year of the final approval.
G. Community Interface
33. Activity Calendar and Community Interface
The applicant shall maintain a publicly accessible website that includes information on services, programs, classes, and events open to its members. The website shall list a monthly calendar of scheduled events, which includes services offered and the hours when services are in session. The applicant’s online calendar shall provide at least a 30- day notice in advance of events and activities scheduled to take place at the facility, to the extent practicable. The applicant shall provide contact information for multiple board members and staff on the applicant’s website. The application shall explore setting up a single phone number that makes all neighborhood inquiries, comments, and complaints accessible by board members and staff, and if it does so, then it need only provide that contact information on its website.
The applicant will provide a monthly notice to members reminding them of the speed limit on Farley Road and neighboring streets, a recommendation to carpool, and to avoid generating noise during ingress and egress.
H. Other Conditions
Intentionally omitted.
34. Los Gatos-Monte Sereno Police Department
Intentionally omitted.
ITEM NO. 8.
Planning Commission – May 1321, 2026
CONDITIONS OF APPROVAL
16769 Farley Road
Conditional Use Permit Application U-24-010
Requesting Approval to Modify an Existing Conditional Use Permit for Expanded Hours of Operation in an Institution for Religious Observance (West Valley Muslim Association) on Property Zoned R-1:8. APN 424-21-062. Categorically Exempt Pursuant to CEQA Guidelines Section 15301: Existing Facilities.
Property Owner: West Valley Muslim Association, Osman Ghafoor, President.
Applicant: Razi Mohiuddin.
TO THE SATISFACTION OF THE DIRECTOR OF COMMUNITY DEVELOPMENT:
A. General Conditions
1. Approval and Substantial Conformance
This application shall be completed in accordance with all conditions of approval and in substantial compliance with the approved plans. Any changes or modifications shall be approved by the Community Development Director, Development Review Committee (DRC), or the Planning Commission, depending on the scope.
2. Expiration
The approval will expire two years from the approval date pursuant to Section 29.20.320 of the Town Code, unless the approval has been vested.
3. Lapse for Discontinuance
If the activity for which the Conditional Use Permit has been granted is discontinued for one (1) year, the approval lapses pursuant to Section 29.20.340 of the Zoning Ordinance.
4. Compliance Memorandum
A memorandum, consistent with Town practice, shall be prepared and submitted with the building permit detailing how each condition of approval will be addressed.
5. Interpretation and Implementation
No verbal interpretation, directive, or guidance shall be considered valid or binding for purposes of compliance with this Conditional Use Permit. The applicant shall not rely on any direction or approval unless it is documented in writing and expressly authorized by the Community Development Director.
6. Town Indemnity
Applicants are notified that Town Code Section 1.10.115 requires that any applicant who receives a permit or entitlement (“the Project”) from the Town shall defend (with counsel approved by Town), indemnify, and hold harmless the Town, its agents, officers, and employees from and against any claim, action, or proceeding (including without limitation any appeal or petition for review thereof) against the Town or its agents, officers or employees related to an approval of the Project, including without limitation any related application, permit, certification, condition, environmental determination, other EXHIBIT 45 Page 21 Page 1861
ITEM NO. 8.
approval, compliance or failure to comply with applicable laws and regulations, and/or processing methods (“Challenge”). Town may (but is not obligated to) defend such Challenge as Town, in its sole discretion, determines appropriate, all at applicant’s sole cost and expense.
Applicant shall bear any and all losses, damages, injuries, liabilities, costs and expenses (including, without limitation, staff time and in-house attorney’s fees on a fully-loaded basis, attorney’s fees for outside legal counsel, expert witness fees, court costs, and other litigation expenses) arising out of or related to any Challenge (“Costs”), whether incurred by Applicant, Town, or awarded to any third party, and shall pay to the Town upon demand any Costs incurred by the Town. No modification of the Project, any application, permit certification, condition, environmental determination, other approval, change in applicable laws and regulations, or change in such Challenge as Town, in its sole discretion, determines appropriate, all at the applicant’s sole cost and expense. No modification of the Project, any application, permit certification, condition, environmental determination, other approval, change in applicable laws and regulations, or change in processing methods shall alter the applicant’s indemnity obligation.
7. Compliance Review
For the three years following approval, the Planning Commission shall conduct an annual compliance review of the Conditional Use Permit. This compliance review shall be completed at the applicant’s expense.
8. Compliance with Laws
The applicant shall comply with all applicable federal, state, and local laws, including the Town Code, as they may be amended from time to time. This includes, but is not limited to, compliance with all updated zoning, building, noise, traffic, parking, and environmental regulations enacted by the Town Council.
B. Use and Occupancy
9. Permitted Use
Operate an existing institution for religious observance. In addition to worship services, the applicant may use the facility for religious exercise, including but not limited to prayers, religious educational classes, Sunday school, as well as community events, charitable events, and other activities related to the religious mission of the institution.
Facility may be rented to community members or by organizations providing educational, charitable, religious or other services for the benefit of the institution’s members.
10. Living Quarters
The leaders’ quarters shall not be used for any purpose other than living quarters for visiting scholars and/or leaders associated with the institution.
11. Occupancy Limits
On-site events shall be limited to the maximum building occupancy established by Fire and Building Code.
ITEM NO. 8.
C. Facility Operations
12. General Hours
a. Worship services shall not begin earlier than 1.5 hours before sunrise or extend past 10:30 p.m. daily, except as specified in Condition 13, Seasonal Late-Hours Exception. b. Other activities are limited to the hours of 8 a.m. to 10 p.m. c. The congregation for general worship services shall be limited to a maximum of 720 persons.
13. Seasonal Late-Hours Exception
Thirty (30) day period during Ramadan, services may extend beyond 10:30 p.m. as follows:
• Until 11:30 p.m. when sunset is before 7:30 p.m.
• Until 12:00 a.m. when sunset is after 7:30 p.m.
The applicant shall maintain a publicly available website and list on an annual basis the dates seasonal late hours will be exercised for Ramadan. Seasonal-late hours in this Section are not transferable to another owner or use for which nighttime worship is not a component of their religion.
a. The congregation for seasonal late-hour worship services shall be limited to a maximum of 869 persons.
14. Intentionally omitted.
15. Lot Closure Rule
Notwithstanding the Quiet Hours limitation, for worship the parking lot shall be vacated by 11:00 p.m. during general hours of operation and within 30 minutes of the end of the last service during seasonal late hours, with staff or volunteers reminding attendees to leave quietly. The lot can be opened two hours prior to sunrise for the pre-sunrise services. For all other activities, the parking lot shall be vacated by 10 p.m.
16. Windows and Doors
Windows and doors on the west elevation shall remain closed when indoor services are taking place, except for ingress and egress to the building.
17. Deliveries
Deliveries by vehicles exceeding 26,000 pounds GVWR shall occur between 8:00 a.m. and 6:00 p.m., Monday through Friday.
18. Food Vendors
Food vendors associated with events shall be located at least 20 feet from the property line.
19. High Attendance Guidelines
At least thirty (30) days before any recurring or seasonal period of high attendance where on-site parking is insufficient to accommodate parking demand, the applicant shall provide members and attendees written reminders regarding:
a. Respectful parking practices, including use of on-site spaces, carpooling where possible, and avoidance of spillover impacts on surrounding residential streets. b. Minimizing congregating in the parking lot to adhere to Quiet Hours requirements. c. Compliance with all applicable Conditions of Approval.
ITEM NO. 8.
Documentation of this communication (e.g., copy of written notice, email, and posting on the facility’s website) shall be maintained on file and made available to the Community Development Director upon request.
D. Noise
20. Noise Mitigation
Quiet Hours are established as 10:00 p.m. – 8:00 a.m. daily. During Quiet Hours:
a. Noise Standard – All activities shall comply with the Town’s Noise Ordinance residential standard in effect at the time of the activity measured at the property line during 10:00 p.m. – 8:00 a.m.
a. Parking Lot Operations – During Quiet Hours when a service is not in session, the lot may only be used for ingress, egress, security, emergency access, or use by the leaders’ quarters occupants.
b. Building Operations – Windows facing residences shall remain closed during Quiet Hours. Doors facing residences shall remain closed during Quiet Hours, except when necessary to permit ingress and egress to the building for morning and nighttime services. Doors may be opened for the limited purpose of ingress and egress. c. Signage and Communication – The applicant shall maintain posted “Quiet Hours” signage and provide reminders to attendees regarding minimizing noise when leaving. Such signage specifying the established quiet hours shall be prominently displayed and appropriately maintained on the building in such a manner to ensure signs are clearly visible and easily readable at all times to individuals entering and exiting the building.
21. Noise Ordinance
The Noise Ordinance of the Town of Los Gatos is specifically adopted as conditions of approval for the Conditional Use Permit.
Intentionally Omitted.
E. Parking and Traffic
22. Monthly Communication
The applicant shall continue monthly outreach to members encouraging carpooling, use of on-site spaces, and to be sensitive to the concerns of the neighborhood residents.
23. Parking Lot Monitoring
For events anticipated to exceed available on-site parking, the applicant shall implement traffic management measures which may include parking attendants, directional signage, carpooling encouragement, or other measures. The applicant shall designate a person, volunteer, or parking attendant to monitor on-site parking during any service or event expected to generate attendance that may approach or exceed available on-site parking capacity, with training by the Los Gatos-Monte Sereno Police Department, if availableas available by an entity that provides this type of training. The monitor shall make reasonable efforts to ensure that:
a. All on-site spaces are utilized before attendees seek parking off-site.
ITEM NO. 8.
b. All vehicles parked on-site shall maintain emergency vehicle access.
24. Driveway Operations
During events expected to generate traffic volumes that may result in queuing or neighborhood spillover, both driveways shall be used for exiting the property, with traffic attendants provided as necessary to facilitate circulation. Applicant shall make accommodations to facilitate access by public safety resources when necessary. The applicant is authorized to remove the right turn only sign at the end of the egress driveway. The applicant shall ensure that ingress and egress to neighboring driveways is preserved.
25. Event Parking Overflow Plan
For events where on-site parking is insufficient to accommodate parking demand, the applicant shall implement an overflow parking plan.
26. Parking Lot Expansion
The applicant shall submit an application proposing additional parking spaces to the Community Development Department for review a parking lot expansion, as referenced in the March 25, 2026, Planning Commission staff report within six months of the final approval date and complete the construction improvements within one year of the final approval date. The parking lot expansion shall add at least 23 parking spaces or up to as many as possible based on compliance with Town Code standards. Within six months of the final approval date, the existing parking lot shall be repaired on a local basis so that cracks, bumps, or other anomalies do not unreasonably contribute to additional noise generation of passing vehicles. Thereafter the parking lot shall continue to be maintained to avoid conditions like cracks and bumps which generate noise.
F. Facilities and Site Design
27. Electric Gate
Any future modification to the existing electronic sliding gate, or installation of a new electronic sliding gate shall include sound dampening approaches and technologies.
28. Landscape Plantings
For the purposes of sound and light mitigation, the applicant shall fill in any existing gaps in plantings or fencing by either planting a hedgerow to fill in gaps at perimeter fences, planting a variety of native trees and shrubs for the purpose of sound and light mitigation, or installing screens for those perimeters adjacent to residential uses, as approved by the Community Development Director within one year of the final approval date. If plantings are selected, they shall be a minimum size of three gallons and the selected plantings shall grow two to four feet per year. The specific plantings shall be based on discussions with the applicant and the Community Development Director. The plantings shall be maintained at a height of eight feet. Additionally, the applicant shall offer to provide plantings or moveable barriers to the neighbor across the street in order to reduce headlight intrusion into the residential property across the street.
29. Portable Screening
Prior to the mature growth of landscape plantings, as detailed in Condition #30, the applicant shall obscure vehicle headlights on the perimeter properties to the facility
ITEM NO. 8.
through the use of privacy mesh, wind screens, or the use of portable planters/screening as proposed by Zayn Zaafran’s letter dated, April 20, 2026, included in Exhibit 29 of the April 22, 2026, Planning Commission staff report packet.
30. Fencing
As portions of the fencing are replaced in the future, the applicant shall submit an application for a fence height exception to the Community Development Department for the purpose of increasing the height of existing fences around the perimeter of the property to eight feet for the purpose of mitigating noise and light pollution.
31. Pedestrian Ingress and Egress
The applicant shall complete itssubmit a Building Permit application process and receive final inspection to construct an door opening in the concrete wall in front of the property for the purpose of allowing pedestrian ingress and egress to the site without walking in the driveway through the parking lot within one year of the final approval date.
32. Lighting
All site and parking lot lighting shall be full-cutoff, downward directed, and at the Building Code minimum brightness level during Quiet Hours within one year of the final approval.
G. Community Interface
33. Activity Calendar and Community Interface
The applicant shall maintain a publicly accessible website that includes information on services, programs, classes, and events open to its members. The website shall list a monthly calendar of scheduled events, which includes services offered and the hours when services are in session. The applicant’s online calendar shall provide at least a 6030- day notice in advance of events and activities scheduled to take place at the facility, to the extent practicable. The applicant shall provide contact information for multiple board members and staff on the applicant’s website. The application shall explore setting up a single phone number that makes all neighborhood inquiries, comments, and complaints accessible by board members and staff, and if it does so, then it need only provide that contact information on its website.
The applicant will provide a monthly notice to members reminding them of the speed limit on Farley Road and neighboring streets, a recommendation to carpool, and to avoid generating noise during ingress and egress.
H. Other Conditions
Intentionally omitted.
34. Los Gatos-Monte Sereno Police Department
Intentionally omitted.
ITEM NO. 8.
May 13, 2026
VIA EMAIL
Sean Mullin
Planning Manager
Town of Los Gatos
Planning Division
110 E. Main St.
Los Gatos, CA 95030
[email protected]
[email protected]
Re: Additional Conditions of Approval for West Valley Muslim Association Conditional Use Permit
Dear Mr. Mullin:
We write again on behalf of the ACLU Foundation of Northern California regarding the West Valley Muslim Association’s (WVMA) pending Conditional Use Permit (CUP) at 16769 Farley Road.
As you are aware, the Religious Land Use and Institutionalized Persons Act (RLUIPA) was enacted to put an end to harmful zoning procedures. Prior to Congress enacting RLUIPA, zoning permits were often improperly denied based on ostensibly “neutral” reasons—such as noise, traffic, or parking concerns, but the denials were often rooted in discrimination against a particular faith or religious practice.1 We again urge the Town to take seriously its legal obligations under RLUIPA.
We remain concerned that some proposed conditions, specifically several conditions introduced verbally at the April 22, 2026, Los Gatos Planning Commission meeting, may be inconsistent with RLUIPA’s substantial burden and equal treatment clauses. Municipalities may not impose a “substantial burden” on a permit applicant’s religious exercise unless that burden is “in furtherance of a compelling governmental interest” and “is the least restrictive means of furthering that compelling governmental interest.”2 RLUIPA further provides that “[n]o 1 See DOJ, Report on the Twentieth Anniversary of the Religious Land Use and Institutionalized Persons Act, 3-5 (Sep. 22, 2020), https://www.justice.gov/media/ 1096176/dl?inline. 2 42 U.S.C. § 2000cc(a).
ITEM NO. 8.
Letter from ACLU Re WVMA’s Pending Conditional Use Permit
government shall impose or implement a land use regulation in a manner that treats a religious assembly or institution on less than equal terms with a nonreligious assembly or institution.3 We urge the Town to consider and account for both the substantial burden and equal treatment clauses of RLUIPA when determining final conditions. As just one example, to the extent the Town seeks to impose a 60-day notification for all events, this condition raises concerns as to both RLUIPA’s substantial burden and equal treatment prongs. First, the condition likely imposes a substantial burden as, absent the Town narrowing the condition, WVMA would be unable to plan any gathering outside of regular prayers or funerals absent two months’ notice.
Accordingly, the condition may violate RLUIPA unless the Town can show that the condition is the least restrictive means to achieve a compelling interest. Second, the condition may violate the equal terms provision if other similarly situated religious or non-religious institutions are not subject to the same limitations. We are not aware of a comparable condition imposed on other similarly situated religious or non-religious institutions in the Town. * * *
The American Civil Liberties Union of Northern California asks the Town to approve WVMA’s modified conditional use permit, giving appropriate and full consideration to the Town’s obligations under RLUIPA. Please feel free to contact us if you have any questions.
Sincerely,
Angélica Salceda, Director
Democracy, Speech, and Technology Program
ACLU Foundation of Northern California
Lauren Davis, Legal Fellow
ACLU Foundation of Northern
California
3 Id. § 2000cc(b)(1).
ITEM NO. 8.
PREPARED BY: Jocelyn Shoopman
Senior Planner
Reviewed by: Planning Manager, Community Development Director, and Town Attorney 110 E. Main Street Los Gatos, CA 95030 ● 406-354-6832
www.losgatosca.gov
TOWN OF LOS GATOS
PLANNING COMMISSION
REPORT
MEETING DATE: 05/21/2026
ITEM NO: 1
ADDENDUM
DATE: May 20, 2026
TO: Planning Commission
FROM: Joel Paulson, Community Development Director
SUBJECT: Consider a Request for Approval to Modify an Existing Conditional Use Permit for Expanded Hours of Operation in an Institution for Religious Observance (West Valley Muslim Association) on Property Zoned R-1:8. Located at 16769 Farley Road. APN 424-21-062. Categorically Exempt Pursuant to CEQA Guidelines Section 15301: Existing Facilities. Property Owner: West Valley Muslim Association, Osmar Ghafoor, President. Applicant: Razi Mohiuddin. Project Planner: Jocelyn Shoopman.
REMARKS:
A revised resolution is attached as Exhibit 47 to provide reference to the applicable conditions of approval which address the unique impacts of night-time services in a residential zone.
Exhibit 48 includes Commissioner comments.
Public comments received between 3:01 p.m., Friday, May 15, 2026, and 3:00 p.m., Wednesday, May 20, 2026, are included as Exhibit 48.
EXHIBITS:
Previously Received with the March 25, 2026, Staff Report:
1. Location Map
2. Draft Resolution Making the Required Findings and Approving the Application Subject to the Conditionals of Approval (Included as Attachment A)
3. Conditional Use Permit U-89-11
4. Conditional Use Permit U-20-001; March 11, 2020, Planning Commission Staff Report; and March 11, 2020, Planning Commission Minutes
5. Letter of Justification
6. Neighborhood Outreach
7. Noise Analysis
ATTACHMENT 20
ITEM NO. 8.
PAGE 2 OF 4
SUBJECT: 16769 Farley Road/U-24-010
DATE: May 20, 2026
8. Site Map
9. Applicant's Response to Public Comments Regarding Noise
10. Additional Information from the Applicant
11. Public Comments Received by 11:00 a.m., Friday, March 20, 2026, with Attachment A, Videos Provided as Part of Public Comments
Previously Received with the March 23, 2026, Addendum Report:
12. Public Comments Received Between 3:01 p.m., Friday, March 20, 2026, and 3:00 p.m., Monday, March 23, 2026
Previously Received with the March 24, 2026, Addendum Report 2:
13. Public Comments Received Between 3:01 p.m., Monday, March 23, 2026, and 3:00 p.m., Tuesday, March 24, 2026
Previously Received with the March 25, 2026, Desk Item Report:
14. Supplemental Information from the Applicant
15. Letter from the Applicant’s Legal Counsel
16. Public Comments Received Between 3:01 p.m., Tuesday, March 24, 2026, and 11:00 a.m., Wednesday, March 25, 2026
Previously Received with the March 27, 2026, Staff Report:
17. Public Comments Received Between 11:01 a.m., Wednesday, March 25, 2026, and 3:00 p.m., Friday, March 27, 2026
Previously Received with the March 30, 2026, Addendum Report:
18. Public Comments Received Between 3:01 p.m., Friday, March 27, 2026, and 3:00 p.m., Monday, March 30, 2026
Previously Received with the March 31, 2026, Desk Item Report:
19. Additional Information from the Applicant’s Legal Counsel
20. Supplemental Information from the Applicant’s Noise Consultant
21. Applicant’s Neighborhood Outreach
22. Applicant’s Response to Public Comments
23. Public Comments Received Between 3:01 p.m., Monday, March 30, 2026, and 11:00 a.m., Tuesday, March 31, 2026
Previously Received with the April 22, 2026, Staff Report:
24. Applicant’s Response to Neighborhood Group Meeting
25. Neighborhood Group’s Response to Meeting with the Applicant
26. Public Comments Received Between 3:01 p.m., Tuesday, March 31, 2026, and 3:00 p.m., Friday, April 17, 2026
ITEM NO. 8.
PAGE 3 OF 4
SUBJECT: 16769 Farley Road/U-24-010
DATE: May 20, 2026
Previously Received with the April 20, 2026, Addendum Report:
27. Additional Information from the Neighborhood Group
28. Public Comments Received Between 3:01 p.m., Friday, Apil 17, 2026, and 3:00 p.m., Monday, April 20, 2026
Previously Received with the April 21, 2026, Addendum 2 Report:
29. Public Comments Received Between 3:01 p.m., Monday, April 20, 2026, and 3:00 p.m., Tuesday, April 21, 2026
Previously Received with the April 22, 2026, Desk Item Report:
30. Supplemental Information from the Applicant
31. Additional Information from the Applicant’s Legal Counsel
32. Commissioner Comments
33. Public Comments Received Between 3:01 p.m., Tuesday, April 21, 2026, and 11:00 a.m., Wednesday, April 22, 2026
Previously Received with the May 13, 2026, Staff Report:
34. Draft Resolution Making the Required Findings and Approving the Application Subject to the Modified Condition of Approval (Included as Attachment A)
35. Modified Conditions of Approval, Track Changes
36. Applicant’s Response to the New Conditions of Approval
37. Public Comments Received Between 11:01 a.m., Wednesday, April 22, 2026, and 3:00 p.m., Friday, May 8, 2026
Previously Received with the May 12, 2026, Addendum Report:
38. Corrected Modified Conditions of Approval, Track Changes
39. Public Comments Received Between 3:01 p.m., Friday, May 8, 2026, and 3:00 p.m., Tuesday, May 12, 2026
Previously Received with the May 13, 2026, Desk Item Report:
40. Revised Draft Resolution Making the Required Findings and Approving the Application Subject to the Conditionals of Approval (Included as Attachment A)
41. Revised Conditions of Approval, Redlined
42. Comparison Chart of Approved Conditional Use Permits
43. Public Comments Received Between 3:01 p.m., Tuesday, May 12, 2026, and 11:00 a.m., Wednesday, May 13, 2026
Previously Received with the May 21, 2026, Staff Report:
44. Draft Resolution Making the Required Findings and Approving the Application Subject to the Conditionals of Approval (Included as Attachment A)
45. Modified Conditions of Approval, Track Changes
ITEM NO. 8.
PAGE 4 OF 4
SUBJECT: 16769 Farley Road/U-24-010
DATE: May 20, 2026
46. Public Comments Received Between 11:01 a.m., Wednesday, May 13, 2026, and 3:00 p.m., Friday, May 15, 2026
Received with this May 20, 2026, Addendum Report:
47. Draft Resolution Making the Required Findings and Approving the Application Subject to the Conditionals of Approval (Included as Attachment A)
48. Commissioner Comments
49. Public Comments Received Between 3:01 p.m., Friday, May 15, 2026, and 3:00 p.m., Wednesday, May 20, 2026
ITEM NO. 8.
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Resolution 26 - _______ __, 2026
RESOLUTION 2026-
RESOLUTION OF THE PLANNING COMMISSION OF THE TOWN
OF LOS GATOS APPROVING CONDITIONAL USE PERMIT U-24-010
FOR A REQUEST TO MODIFY AN EXISTING CONDITIONAL
USE PERMIT FOR EXPANDED HOURS OF OPERATION IN AN INSTITUTION
FOR RELIGIOUS OBSERVANCE (WEST VALLEY MUSLIM ASSOCIATION) ON PROPERTY ZONED R-1:8.
PROPERTY LOCATION: 16769 FARLEY ROAD
APN 424-21-062
CONDITIONAL USE PERMIT APPLICATION: U-24-010
PROPERTY OWNER: WEST VALLEY MUSLIM ASSOCIATION,
OSMAR GHAFOOR, PRESIDENT. APPLICANT: RAZI MOHIUDDIN
WHEREAS, the applicant requests approval to modify an existing Conditional Use Permit (CUP) to expand the hours of operation in an institution for religious observance (West Valley Muslim Association) on property located at 16769 Farley Road (Santa Clara County Assessor Parcel Number 424-21-062); and
WHEREAS, a CUP (U-89-11) was approved for this location on January 10, 1990; and WHEREAS, the original CUP (U-89-11) authorized maintaining an existing church facility and allowed the improvement and expansion of an existing institution for religious observance facility with hours of operation that were not allowed to extend past 10:00 p.m.; and WHEREAS, on March 11, 2020, the Planning Commission approved a modification to the original CUP (U-20-001); and
WHEREAS, the modified CUP (U-20-001) changed the hours of operation to allow for operation from 10:00 p.m. to 11:00 p.m., for 30 days annually during the month of Ramadan for religious services; and
WHEREAS, the applicant seeks a modification of the current CUP to expand the hours of operations to be: 1.5 hours before sunrise and to 10:30 p.m., seven days a week; and during the 30-day month of Ramadan, 1.5 hours before sunrise to 11:30 p.m., whenever the sunset is prior to 7:30 p.m., or until 12:00 a.m. whenever the sunset is after 7:30 p.m.; and WHEREAS, in accordance with Town Code Section 29.20.200, modifications to CUPs are required under the following circumstances:
1. Intensification of use. Changes of use that will result in an increase of five (5) or more peak hour trips.
EXHIBIT 47
ITEM NO. 8.
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Resolution 26 - _______ __, 2026
2. Commencement of new activities that could have a material adverse impact on the surrounding area.
3. Any change that is a substantial departure from plans which were the basis of the conditional use permit approval; and
WHEREAS, the project requires approval of a modification to an approved CUP because it will involve expanded hours of operation pursuant to Town Code Section 29.20.200; and WHEREAS, on March 25, 2026, the Planning Commission held a public hearing, received testimony from the applicant and all interested persons who wished to testify or submit documents, and continued the item to a date certain of March 31, 2026; and WHEREAS, on March 31, 2026, the Planning Commission held a public hearing, received testimony from the applicant and all interested persons who wished to testify or submit documents, and continued the item to a date certain of April 22, 2026; and WHEREAS, on April 22, 2026, the Planning Commission held a public hearing, received testimony from the applicant and all interested persons who wished to testify or submit documents, and continued the item to a date certain of May 13, 2026; and WHEREAS, on May 13, 2026, the Planning Commission held a public hearing, received testimony from the applicant and all interested persons who wished to testify or submit documents, and continued the item to a date certain of May 21, 2026; and WHEREAS, on May 21, 2026, the Planning Commission held a public hearing and reviewed the modified conditions of approval; and
WHEREAS, the Planning Commission considered all testimony and materials submitted along with all subsequent reports and materials submitted regarding the planning application; and
WHEREAS, the testimony and materials submitted described impacts to neighboring residences of night-time light intrusion from vehicle headlights and light standards on the property, noise from vehicles before sunrise and after 10:00 p.m., pedestrian safety concerns resulting from pedestrians walking in the right-of-way due to vehicles parked along the right-ofway in the vicinity of the facility, and blockage of driveways resulting from vehicle queuing to enter the property during Ramadan; and
WHEREAS, the Planning Commission added conditions of approval to address the impacts to neighboring residences resulting from the added hours of operation; NOW, THEREFORE, BE IT RESOLVED, CUP application (U-24-010), as attached in Exhibit A, is approved. The original CUP, U-89-11, and the modification CUP, U-20-001, are superseded.
ITEM NO. 8.
3 of 5
Resolution 26 - _______ __, 2026
The Planning Commission of the Town of Los Gatos approves the application for a modification to the CUP based on the following findings:
1. The Recitals above are incorporated into these findings.
2. The following findings are made by the Planning Commission of the Town of Los Gatos. The facts and evidence that support these findings are also contained and explained in the record of proceedings for the proposed request, including without limitation the staff report for the Planning Commission hearings. (A) Finding required for the California Environmental Quality Act (CEQA):
The project is Categorically Exempt pursuant to the adopted Guidelines for the Implementation of the California Environmental Quality Act (CEQA), Section 15301: Existing Facilities. No significant effect on the environment will occur since the project uses an existing structure with no proposed changes to the building size or parking lot size, no increase in floor area, and negligible expansion of use beyond existing conditions. Furthermore, none of the exceptions to categorical exemptions set forth in the CEQA Guidelines Section 15300.2 apply to this project. The use of the facility remains consistent with the March 11, 2020, Planning Commission approval as a religious institution. The applicant’s request for approval to modify the existing CUP is limited to the hours of operation. No additional requested modifications to the CUP or existing structures are proposed. Under the current conditions, vehicles enter and exit the property for multiple services until 10:00 p.m. for most of the year and until 11:00 p.m. during Ramadan. Because the parking lot capacity is 180 spaces, it is estimated that the number of vehicles currently entering and exiting the property is approximately 180 vehicles at the heavily-attended services. In addition, vehicles currently park on public right of way at heavily-attended services. The proposed modification would extend this use by ½ hour for most of the year and for one hour during Ramadan, which is a negligible change in the hours of operation.
(B) Findings required for compliance with the Zoning Regulations:
The project meets the objective standards of Chapter 29 of the Town Code (Zoning Regulations) in that a CUP is required for an institution for religious observance and CUP U-24-001 is approved.
(C) Findings required for a Conditional Use Permit:
As required by Town Code Section 29.20.190, the Planning Commission finds that, with the conditions of approval:
1) The proposed use of the property is essential or desirable to the public
ITEM NO. 8.
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Resolution 26 - _______ __, 2026
convenience or welfare because the use will continue providing an existing facility for religious observance; and
2) The proposed use would not impair the integrity and character of the residential zone in that conditions of approval addressing the impacts to the neighboring residences of night-time light intrusion from light standards and vehicle headlights, overflow parking, noise, pedestrian safety, and traffic are included; and
3) The proposed use would not be detrimental to public health, safety, or general welfare because the conditions of approval address the impacts to the neighboring residences of traffic, pedestrian safety, overflow parking, and night-time light intrusion in that the hours of operation shall not begin prior to one and one-half hours before sunrise nor extend past 10:30 p.m., seven days a week to accommodate indoor, morning and nighttime prayer services; and during the 30-day month of Ramadan, indoor nighttime prayer services shall not extend past 11:30 p.m. whenever sunset is prior to 7:30 p.m., or until 12:00 a.m. whenever sunset is after 7:30 p.m.; and the use is required to comply with the noise mitigation, light mitigation, parking lot monitoring, traffic monitoring, and overflow parking plan set forth in the conditions of approval; and
4) The proposed use of the property is in harmony with the various elements or objectives of the General Plan and the purposes of the Town Code, because it will continue an existing use for religious observance; there is no additional building square footage being proposed; and the facts and evidence that support this finding are also contained and explained in the record of proceedings for the proposed request, including without limitation the staff report for the Planning Commission hearing.
(D) RLUIPA Findings:
The conditions of approval listed below do not constitute a “substantial burden” to the permittee in that the parking lot expansion is already planned to address existing parking overflow and the costs of pavement repairs, plantings, and increased fencing are manageable in light of the permittee’s large size. Even if any of these conditions were to constitute a “substantial burden,” they are the least restrictive means to address a compelling government interest in that they are the least expensive means by which the impacts to the neighbors of night-time activities can be mitigated. As demonstrated on the comparison chart distributed as a desk item for the May 13, 2026, Planning Commission meeting, the conditions of approval treat this use on “equal terms” with nonreligious uses and in a non-discriminatory manner with regard to other religious uses to the extent this use is similarly situated to those uses. The conditions of approval have been developed to address the unique impacts of night-time services in a residential zone on a parcel surrounded by thirteen single-family residences.
ITEM NO. 8.
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Resolution 26 - _______ __, 2026
i. Conditions of approval #7, 15, 28, and 29 address the impacts to neighbors of light intrusion from vehicle headlights and light standards. ii. Conditions of approval #7, 15, 16, 17, 18, 19,20, 26, 28, 29, and 30 address the impacts to neighbors of noise from vehicles before and after night-time activities.
iii. Condition of approval #7, 12, 13, 19, 23, 25, and 26 addresses the impacts to neighbors of parking overflow.
iv. Condition of approval #7, 12, 13, 19, 23, 24, 25, and 26 addresses the impacts to neighbors of vehicle queuing which impedes access to residential driveways.
v. Conditions of approval #19, 23, 24, 25, 26, 31, and 33 addresses the impacts to pedestrian safety.
3. The Planning Commission of the Town of Los Gatos approves Conditional Use Permit Application (U-24-010) for expanded hours of operation in an institution for religious observance (West Valley Muslim Association) on property zoned R-1:8, located at 16769 Farley Road; and Assessor Parcel Number 424-21-062, subject to the attached Conditions of Approval included in Attachment A .
4. Pursuant to Town Code Section 29.20.275, this decision is appealable to the Town Council within ten days of adoption of this resolution.
5. If any section, subsection, sentence, clause, or phrase of this resolution is for any reason held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of this resolution.
PASSED AND ADOPTED at a regular meeting of the Planning Commission of the Town of Los Gatos, California, held on the 21st day of May 2026, by the following vote:
PLANNING COMMISSIONERS:
AYES:
NAYS:
ABSENT:
ABSTAIN: SIGNED:
CHAIR OF THE TOWN OF LOS GATOS
PLANNING COMMISSION
DATE: __________________
ATTEST:
COMMUNITY DEVELOPMENT DIRECTOR
DATE: __________________
ITEM NO. 8.
This Page
Intentionally
Left Blank
ITEM NO. 8.
Planning Commission – May 21, 2026
CONDITIONS OF APPROVAL
16769 Farley Road
Conditional Use Permit Application U-24-010
Requesting Approval to Modify an Existing Conditional Use Permit for Expanded Hours of Operation in an Institution for Religious Observance (West Valley Muslim Association) on Property Zoned R-1:8. APN 424-21-062. Categorically Exempt Pursuant to CEQA Guidelines Section 15301: Existing Facilities.
Property Owner: West Valley Muslim Association, Osman Ghafoor, President.
Applicant: Razi Mohiuddin.
TO THE SATISFACTION OF THE DIRECTOR OF COMMUNITY DEVELOPMENT:
A. General Conditions
1. Approval and Substantial Conformance
This application shall be completed in accordance with all conditions of approval and in substantial compliance with the approved plans. Any changes or modifications shall be approved by the Community Development Director, Development Review Committee (DRC), or the Planning Commission, depending on the scope.
2. Expiration
The approval will expire two years from the approval date pursuant to Section 29.20.320 of the Town Code, unless the approval has been vested.
3. Lapse for Discontinuance
If the activity for which the Conditional Use Permit has been granted is discontinued for one (1) year, the approval lapses pursuant to Section 29.20.340 of the Zoning Ordinance.
4. Compliance Memorandum
A memorandum, consistent with Town practice, shall be prepared and submitted with the building permit detailing how each condition of approval will be addressed.
5. Interpretation and Implementation
No verbal interpretation, directive, or guidance shall be considered valid or binding for purposes of compliance with this Conditional Use Permit. The applicant shall not rely on any direction or approval unless it is documented in writing and expressly authorized by the Community Development Director.
6. Town Indemnity
Applicants are notified that Town Code Section 1.10.115 requires that any applicant who receives a permit or entitlement (“the Project”) from the Town shall defend (with counsel approved by Town), indemnify, and hold harmless the Town, its agents, officers, and employees from and against any claim, action, or proceeding (including without limitation any appeal or petition for review thereof) against the Town or its agents, officers or employees related to an approval of the Project, including without limitation any related application, permit, certification, condition, environmental determination, other EXHIBIT 47, ATTACHMENT A Page 1879
ITEM NO. 8.
approval, compliance or failure to comply with applicable laws and regulations, and/or processing methods (“Challenge”). Town may (but is not obligated to) defend such Challenge as Town, in its sole discretion, determines appropriate, all at applicant’s sole cost and expense.
Applicant shall bear any and all losses, damages, injuries, liabilities, costs and expenses (including, without limitation, staff time and in-house attorney’s fees on a fully-loaded basis, attorney’s fees for outside legal counsel, expert witness fees, court costs, and other litigation expenses) arising out of or related to any Challenge (“Costs”), whether incurred by Applicant, Town, or awarded to any third party, and shall pay to the Town upon demand any Costs incurred by the Town. No modification of the Project, any application, permit certification, condition, environmental determination, other approval, change in applicable laws and regulations, or change in such Challenge as Town, in its sole discretion, determines appropriate, all at the applicant’s sole cost and expense. No modification of the Project, any application, permit certification, condition, environmental determination, other approval, change in applicable laws and regulations, or change in processing methods shall alter the applicant’s indemnity obligation.
7. Compliance Review
For the three years following approval, the Planning Commission shall conduct an annual compliance review of the Conditional Use Permit. This compliance review shall be completed at the applicant’s expense.
8. Compliance with Laws
The applicant shall comply with all applicable federal, state, and local laws, including the Town Code, as they may be amended from time to time. This includes, but is not limited to, compliance with all updated zoning, building, noise, traffic, parking, and environmental regulations enacted by the Town Council.
B. Use and Occupancy
9. Permitted Use
Operate an existing institution for religious observance. In addition to worship services, the applicant may use the facility for religious exercise, including but not limited to prayers, religious educational classes, Sunday school, as well as community events, charitable events, and other activities related to the religious mission of the institution.
Facility may be rented to community members or by organizations providing educational, charitable, religious or other services for the benefit of the institution’s members.
10. Living Quarters
The leaders’ quarters shall not be used for any purpose other than living quarters for visiting scholars and/or leaders associated with the institution.
11. Occupancy Limits
On-site events shall be limited to the maximum building occupancy established by Fire and Building Code.
C. Facility Operations
ITEM NO. 8.
12. General Hours
a. Worship services shall not begin earlier than 1.5 hours before sunrise or extend past 10:30 p.m. daily, except as specified in Condition 13, Seasonal Late-Hours Exception. b. Other activities are limited to the hours of 8 a.m. to 10 p.m. c. The congregation for general worship services shall be limited to a maximum of 720 persons.
13. Seasonal Late-Hours Exception
Thirty (30) day period during Ramadan, services may extend beyond 10:30 p.m. as follows:
• Until 11:30 p.m. when sunset is before 7:30 p.m.
• Until 12:00 a.m. when sunset is after 7:30 p.m.
The applicant shall maintain a publicly available website and list on an annual basis the dates seasonal late hours will be exercised for Ramadan. Seasonal-late hours in this Section are not transferable to another owner or use for which nighttime worship is not a component of their religion.
a. The congregation for seasonal late-hour worship services shall be limited to a maximum of 869 persons.
14. Intentionally omitted.
15. Lot Closure Rule
Notwithstanding the Quiet Hours limitation, for worship the parking lot shall be vacated by 11:00 p.m. during general hours of operation and within 30 minutes of the end of the last service during seasonal late hours, with staff or volunteers reminding attendees to leave quietly. The lot can be opened two hours prior to sunrise for the pre-sunrise services. For all other activities, the parking lot shall be vacated by 10 p.m.
16. Windows and Doors
Windows and doors on the west elevation shall remain closed when indoor services are taking place, except for ingress and egress to the building.
17. Deliveries
Deliveries by vehicles exceeding 26,000 pounds GVWR shall occur between 8:00 a.m. and 6:00 p.m., Monday through Friday.
18. Food Vendors
Food vendors associated with events shall be located at least 20 feet from the property line.
19. High Attendance Guidelines
At least thirty (30) days before any recurring or seasonal period of high attendance where on-site parking is insufficient to accommodate parking demand, the applicant shall provide members and attendees written reminders regarding:
a. Respectful parking practices, including use of on-site spaces, carpooling where possible, and avoidance of spillover impacts on surrounding residential streets. b. Minimizing congregating in the parking lot to adhere to Quiet Hours requirements. c. Compliance with all applicable Conditions of Approval.
ITEM NO. 8.
Documentation of this communication (e.g., copy of written notice, email, and posting on the facility’s website) shall be maintained on file and made available to the Community Development Director upon request.
D. Noise
20. Noise Mitigation
Quiet Hours are established as 10:00 p.m. – 8:00 a.m. daily. During Quiet Hours:
a. Noise Standard – All activities shall comply with the Town’s Noise Ordinance residential standard in effect at the time of the activity measured at the property line during 10:00 p.m. – 8:00 a.m.
b. Parking Lot Operations – During Quiet Hours when a service is not in session, the lot may only be used for ingress, egress, security, emergency access, or use by the leaders’ quarters occupants.
c. Building Operations – Windows facing residences shall remain closed during Quiet Hours. Doors facing residences shall remain closed during Quiet Hours, except when necessary to permit ingress and egress to the building for morning and nighttime services. Doors may be opened for the limited purpose of ingress and egress. d. Signage and Communication – The applicant shall maintain posted “Quiet Hours” signage and provide reminders to attendees regarding minimizing noise when leaving. Such signage specifying the established quiet hours shall be prominently displayed and appropriately maintained on the building in such a manner to ensure signs are clearly visible and easily readable at all times to individuals entering and exiting the building.
21. Noise Ordinance
The Noise Ordinance of the Town of Los Gatos is specifically adopted as conditions of approval for the Conditional Use Permit.
Intentionally Omitted.
E. Parking and Traffic
22. Monthly Communication
The applicant shall continue monthly outreach to members encouraging carpooling, use of on-site spaces, and to be sensitive to the concerns of the neighborhood residents.
23. Parking Lot Monitoring
For events anticipated to exceed available on-site parking, the applicant shall implement traffic management measures which may include parking attendants, directional signage, carpooling encouragement, or other measures. The applicant shall designate a person, volunteer, or parking attendant to monitor on-site parking during any service or event expected to generate attendance that may approach or exceed available on-site parking capacity, with training as available by an entity that provides this type of training. The monitor shall make reasonable efforts to ensure that:
a. All on-site spaces are utilized before attendees seek parking off-site. b. All vehicles parked on-site shall maintain emergency vehicle access.
ITEM NO. 8.
24. Driveway Operations
During events expected to generate traffic volumes that may result in queuing or neighborhood spillover, both driveways shall be used for exiting the property, with traffic attendants provided as necessary to facilitate circulation. Applicant shall make accommodations to facilitate access by public safety resources when necessary. The applicant is authorized to remove the right turn only sign at the end of the egress driveway. The applicant shall ensure that ingress and egress to neighboring driveways is preserved.
25. Event Parking Overflow Plan
For events where on-site parking is insufficient to accommodate parking demand, the applicant shall implement an overflow parking plan.
26. Parking Lot Expansion
The applicant shall submit an application proposing additional parking spaces to the Community Development Department for review within six months of the final approval date and complete the construction improvements within one year of the final approval date. The parking lot expansion shall add 23 parking spaces or up to as many as possible based on compliance with Town Code standards. Within six months of the final approval date, the existing parking lot shall be repaired on a local basis so that cracks, bumps, or other anomalies do not unreasonably contribute to additional noise generation of passing vehicles. Thereafter the parking lot shall continue to be maintained to avoid conditions like cracks and bumps which generate noise.
F. Facilities and Site Design
27. Electric Gate
Any future modification to the existing electronic sliding gate, or installation of a new electronic sliding gate shall include sound dampening approaches and technologies.
28. Landscape Plantings
For the purposes of sound and light mitigation, the applicant shall fill in any existing gaps in plantings or fencing by either planting a hedgerow to fill in gaps at perimeter fences, planting a variety of native trees and shrubs for the purpose of sound and light mitigation, or installing screens for those perimeters adjacent to residential uses, as approved by the Community Development Director within one year of the final approval date. If plantings are selected, they shall be a minimum size of three gallons and the selected plantings shall grow two to four feet per year. The specific plantings shall be based on discussions with the applicant and the Community Development Director. The plantings shall be maintained at a height of eight feet. Additionally, the applicant shall offer to provide plantings or moveable barriers to the neighbor across the street in order to reduce headlight intrusion into the residential property across the street.
29. Portable Screening
Prior to the mature growth of landscape plantings, as detailed in Condition #30, the applicant shall obscure vehicle headlights on the perimeter properties to the facility through the use of privacy mesh, wind screens, or the use of portable planters/screening
ITEM NO. 8.
as proposed by Zayn Zaafran’s letter dated, April 20, 2026, included in Exhibit 29 of the April 22, 2026, Planning Commission staff report packet.
30. Fencing
As portions of the fencing are replaced in the future, the applicant shall submit an application for a fence height exception to the Community Development Department for the purpose of increasing the height of existing fences around the perimeter of the property to eight feet for the purpose of mitigating noise and light pollution.
31. Pedestrian Ingress and Egress
The applicant shall submit a Building Permit application and receive final inspection to construct an opening in the concrete wall in front of the property for the purpose of allowing pedestrian ingress and egress to the site without walking in the driveway within one year of the final approval date.
32. Lighting
All site and parking lot lighting shall be full-cutoff, downward directed, and at the Building Code minimum brightness level during Quiet Hours within one year of the final approval.
G. Community Interface
33. Activity Calendar and Community Interface
The applicant shall maintain a publicly accessible website that includes information on services, programs, classes, and events open to its members. The website shall list a monthly calendar of scheduled events, which includes services offered and the hours when services are in session. The applicant’s online calendar shall provide at least a 30- day notice in advance of events and activities scheduled to take place at the facility, to the extent practicable. The applicant shall provide contact information for multiple board members and staff on the applicant’s website. The application shall explore setting up a single phone number that makes all neighborhood inquiries, comments, and complaints accessible by board members and staff, and if it does so, then it need only provide that contact information on its website.
The applicant will provide a monthly notice to members reminding them of the speed limit on Farley Road and neighboring streets, a recommendation to carpool, and to avoid generating noise during ingress and egress.
H. Other Conditions
Intentionally omitted.
34. Los Gatos-Monte Sereno Police Department
Intentionally omitted.
ITEM NO. 8.
EXHIBIT 48
ITEM NO. 8.
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ITEM NO. 8.
From: Mary Hogan < >
Sent: Wednesday, May 20, 2026 2:44 PM
To: Jocelyn Shoopman <[email protected]>; Alexa Nolder <[email protected]>; Planning <[email protected]>; Chris Constantin <[email protected]>; Gabrielle Whelan <[email protected]>
Cc: Allen Meyer <[email protected]>; Sean Mullin <[email protected]>; Joel Paulson <[email protected]>; Town Manager <[email protected]> Subject: Parking space per seats
Dear Planning Commission,
My name is Mary Hogan.
I live on Farley Rd.
Please keep the Farley Rd neighborhood safe from the impact of seasonal, overwhelming traffic on emergency access in the event of a disaster such as fire, earthquake, flood and/or terror attack.
At the May 13, 2026 PC meeting on CUP U-24-010 occupancy limits were discussed.
I submit to you the following questions and information. 1) Does the below ordinance mean a facility MUST have on site parking = 1 space per 4 seats? WVMA has no seats.
WVMA gave an occupancy number of 720 general = 180 spaces (current number of spaces available at WVMA).
Code of Ordinance
Town of Los Gatos
Division 4. - PARKING
Section 29.10.150 c 26 Churches
(26)
Churches. One (1) parking space for each
four (4) seats in each building used separately, or together with any other building, for worship. 2) Is WVMA out of compliance when WVMA stated having 869 during high season = 217.25 parking spaces required or WVMA claims occupancy is 1217 = 317.75 spaces required? 3)Does the following list of 10 currently approved Town Of Los Gatos CUP’s for religious facilities having capacity limits and parking requirements, and 4 of these 10 having a direct 4 seats to 1 parking space requirement, conclusively show the application of the condition of 4 seats requiring 1 parking space need to be equally applied to WVMA?
ITEM NO. 8.
ORD2215
St Mary’s Catholic Church
6. NUMBER OF CHURCH SEATS: Maximum number of seats used for worship shall not exceed 654.
7. PARKING: At least 106 parking spaces shall be provided onsite.
U-79-22A
Seventh Day Adventist
5.The proposed changes In this application are not intended as an expansion of the existing church. The current seating capacity will remain unchanged at 180.
U-07-154
Congregation Shir Hadash
7. CONGREGATION POPULATION: The congregation for regular worship service shall be limited to a maximum of 250 persons. The maximum congregation for special holiday worship services shall not exceed 450.
U-07-152
Los Gatos Methodist Church
8. CONGREGATION POPULATION: The congregation shall be limited to a maximum of 552 persons, due to the total number of available parking spaces being 138. This number may be modified in the future if additional parking becomes available or if the Town’s parking requirements are changed.
U-25-002
Faith Lutheran Church
5. CHURCH SANCTUARY USE/HOURS. The property owner/church shall limit worship services in the main church sanctuary to a maximum of 220 people at any given time.
U-02-4
Los Gatos Christian Church
11. MAXIMUM SEATING/CONGREGATION POPULATION: The maximum seating allowed for the Worship Center and Fellowship Hall is 1,901 seats. The congregation shall be limited to a maximum of 2,812 persons for Sunday services, based upon 703 parking spaces. This number may be modified in the future if additional parking becomes available or if the Town’s parking requirements are changed.
12. SITE PARKING REQUIREMENTS: The existing 703 parking spaces on-site shall be maintained.
U-70-13B
Assembly of God Church
The parking requirements for a church are based on the seating used for worship. The church seats 436 people, thereby the corresponding requirement is 109 spaces.
ITEM NO. 8.
After expansion the church will be providing 137 spaces; 82 on-site and 55 across Oka Rd on a separate parcel. At the time the parking was approved on the opposite side of Oka Rd, that lot was not required parking, however, since the addition will remove some of the presently required parking on-site, the parking across the street will be required, therefore the two properties should be merged into one parcel.
U-02-09
Calvary Church
3. Maximum number of seats used for worship shall not exceed 1,680. At least 467 parking spaces shall be provided on site.
CUP U-70-3
First Church of Christ Scientist
The existing faclltty requires a minimum of 75 parking spaces. There are existing at this time 67 spaces that, while not meeting the number required under existing ordinance requirements, were assumed sufficient to meet requirements at the time the church was established. This present proposal would provide a total of 93 spaces, of which 25 would now be located on the vacant property. Although many more spaces could be accommodated, the applicant has designed his parking to provide maximum benefit from existing trees and new planting areas. A landscaping plan has been provided.
CUP S-69-63
St.Paul’s Episcopal Church
2.Approval shall not take effect until the applicant obtains Planning Commission approval of the historical value of the main church building and waives the 10 parking spaces deficiency as a result of such deficiency.
10.No more than 176 seats are to be provided, including choir seats.
Thank you for your consideration,
Mary Hogan
--
Mary Hogan
ˁ˚ᴥ˚ˀ
ITEM NO. 8.
From: Farley Road Neighborhood Coalition < >
Sent: Wednesday, May 20, 2026 8:45 AM
To: Jocelyn Shoopman <[email protected]>; Alexa Nolder <[email protected]>; Planning <[email protected]>; Chris Constantin <[email protected]>; Gabrielle Whelan <[email protected]>
Cc: Allen Meyer <[email protected]>; Sean Mullin <[email protected]>; Joel Paulson <[email protected]>; Town Manager <[email protected]> Subject: Applying Equal, Not Better, Treatment under RLUIPA: WVMA Modification Application to Protect Residential Neighbors
Dear Planning Commission:
We are writing to express our profound disappointment regarding the Town of Los Gatos Planning staff and Planning Commission’s management of the West Valley Muslim Association’s (WVMA) CUP modification process.
Preferential Treatment Violates Federal Law
Under the Religious Land Use and Institutionalized Persons Act (RLUIPA), the law mandates equal—not preferential—treatment for religious assemblies compared to secular ones. The current drafted conditions ignore the legitimate governmental interest of neighborhood preservation, penalizing local residents. The Town is treating WVMA significantly better than other secular and religious institutions:
• Regional Mosque Precedent: Most Bay Area mosques are located in industrial zones and operate under strict daily traffic caps.
• Local Precedent: The Hillbrook School CUP established a clear precedent for limiting traffic and intensification of use more than 15 years ago.
What began as a straightforward request from WVMA to support five daily prayer services and minor seasonal hour adjustments has devolved into an unenforceable, complicated, and unbalanced CUP. This directly contradicts the fair process that staff promised to neighbors.
A Broken Process
We are deeply concerned by the lack of transparency and consistency in this process:
• April 30, 2026: Town Attorney Gabrielle Whelan assured resident Kim Ratcliff that staff could not modify any conditions proposed by the Planning Commission on April 22. She stated these conditions were meant to protect neighbors and would be preserved. • May 13, 2026: In response to WVMA’s threat of an RLUIPA lawsuit, the Town held a lastminute meeting with the applicant's attorneys. Hours before the public meeting, the Town heavily redlined the draft Conditions of Approval.
ITEM NO. 8.
This sudden reversal blindsided the Planning Commissioners and put every neighbor at a severe disadvantage. The updated version heavily favors the applicant, stripping away hard-earned neighbor protections. Shockingly, even the outdoor amplification restriction was removed, now allowing WVMA to use outdoor loudspeakers.
The Farley Road neighbors have been treated like adversaries rather than stakeholders. We have had to navigate this complex legal landscape with costly legal support, no expert backing, and at our own financial expense without any substantial, unbiased, Town-sanctioned traffic, noise, light, or safety studies. We deserve better.
Correcting the Misapplication of RLUIPA
As Ratcliff Hoge Fenton Attorney Sblend Sblendoria noted in his March 31, 2026 letter, Town Staff heavily relied on the 2018 US Department of Justice (DOJ) "Statement on the Land Use Provisions of RLUIPA". This DOJ statement is not legally binding and merely offers a generalized overview. It should not supersede established Ninth Circuit precedent, such as San Jose Christian College v. City of Morgan Hill (2004), which allows municipalities much greater oversight.
Attorney Sblendorio explicitly confirmed that the Town is well within its legal discretion to deny this application because WVMA’s reliance on street parking impedes emergency vehicle access and causes unreasonable harm to a residential neighborhood.
Furthermore, the ACLU’s recent letter mischaracterizes federal law to evade neutral municipal oversight. We urge the Town to consider three critical legal realities to counter the ACLU’s positioning:
1. Zoning Neutrality Controls Borders: Legal experts, including Cardozo School of Law Professor Marci Hamilton, warn that misapplying RLUIPA strips homeowners of their property rights, turning residents into "second-class citizens". Enforcing neutral restrictions on noise, headlights, and hours of operation is a legitimate exercise of municipal authority, not religious discrimination.
2. The "Equal Terms" Mandate Prohibits Special Privileges: RLUIPA forbids treating religious institutions worse than secular ones, but it also prohibits treating them better by granting unsafe infrastructure exemptions. Farley Road is a narrow, semi-rural street lacking sidewalks and centerline striping. If a secular theater or private event hall proposed an expansion increasing traffic from 400 to 4,000 trips a week, the Town would deny it immediately based on objective safety limits. Applying these exact same safety standards to WVMA is the literal definition of equal terms.
3. Compromise is Not a "Substantial Burden": Federal courts consistently uphold reasonable, neutral compromises that balance neighborhood impact with worship needs. For example, in Rolling Hills Covenant Church, municipal-led compromises successfully scaled back sanctuary capacity and adjusted operations to preserve infrastructure. Neutral limits on
ITEM NO. 8.
operational hours and traffic flows protect public safety; they do not restrict the ability to practice faith.
Conclusion
The applicant’s attorney has strong-armed the Town by implying that any operational restriction will trigger a lawsuit. We urge you to reject these manipulative tactics. RLUIPA does not strip the Town of its power to reasonably curtail land use to protect the safety, infrastructure, and character of our residential neighborhood.
We urge the Town to do better, remember the precedent set with Hillbrook School, and reinstate meaningful control measures—including daily car trip limits, strict penalties for violations, and adequate off-street parking requirements.
Sincerely,
Farley Road Neighborhood Coalition
ITEM NO. 8.
From: Farley Road Neighborhood Coalition < >
Sent: Monday, May 18, 2026 10:29 PM
To: Chris Todd <[email protected]>; Paul Horvat <[email protected]>; Jim Frawley <[email protected]>
Cc: Jocelyn Shoopman <[email protected]>; Gabrielle Whelan <[email protected]>; Planning <[email protected]>; Chris Constantin <[email protected]>; Allen Meyer <[email protected]>; Sean Mullin <[email protected]>; Joel Paulson <[email protected]>; Town Manager <[email protected]>
Subject: Public Safety Coordination and Emergency Preparedness Inquiries Regarding the WVMA Conditional Use Permit (CUP) Modification
Dear Emergency Manager (Todd) and Services Coordinators (Paul and Jim), The tragic shooting today at the Islamic Center of San Diego, along with the increasing number of attacks targeting churches, synagogues, mosques, and other faith-based institutions nationwide, highlights the growing importance of emergency preparedness and public safety planning for high-occupancy assembly uses.
As neighboring residents directly surrounding the WVMA facility at 16769 Farley Road, we respectfully request clarification regarding how the Town is evaluating public safety impacts associated with the proposed CUP modification, which substantially expands hours of operation, occupancy, and intensity of use within a low-density residential neighborhood.
While we fully support religious exercise and safety for congregants, residents also rely on the Town to ensure compatibility, emergency access, evacuation readiness, and neighborhood protection.
For ease of review, our primary concerns are summarized below:
Area of Concern Key Questions
Emergency Preparedness Has the Town conducted vulnerability and emergency response assessments for the site and adjacent residential streets?
Traffic & Evacuation How will narrow residential roads remain accessible for emergency vehicles during large gatherings or evacuation events?
ITEM NO. 8.
Security Measures Will professional onsite security, surveillance systems, bollards, or perimeter protections be required?
Crowd Management What protocols exist for safe evacuation of up to 1,000 attendees without impacting neighboring homes and access routes?
Medical Response What onsite emergency medical equipment and response coordination will be required?
Resident Safety How is the Town evaluating risks and impacts to adjacent residents during a potential security incident or emergency event?
Under RLUIPA, public safety and emergency access remain recognized compelling governmental interests when regulations are applied neutrally and consistently.
We appreciate your leadership and respectfully request greater transparency regarding the Town’s emergency planning considerations as part of this CUP review process.
Sincerely,
Farley Road Neighborhood Coalition
ITEM NO. 8.
From: Gus Who < >
Sent: Saturday, May 16, 2026 3:21 PM
To: Clerk <[email protected]>
Subject: Public Comment Planning Commission 5/21/26
To whom it may concern,
As 1 of 2 people in the public that spoke out, questioned.. and against a very late night reopening to the public at large, and not quite grasping the red line changes agreed upon at what time of night??…to what I believe and stated is a big ticket item for the public to see / hear and understand..known now as “Red Line Items” (Items that WVMA do not agree with) .. but, before I write further.. I request that you remove .. (Sleeping Beauty) Emily Thomas name as a Commenter to this planning commission body.. she took no action that I’ve seen (even though I think that is the stupidest thing I’ve seen to date, as she is a well respected member of that area of town,(Farley Road area) and I believe would be far more valuable as a member deciding the best interest of the town in such discussions by non-elected commissioners in this subject matter)
As I believe, if this is not settled though mutual agreement by town and WVMA, lawsuits will clearly follow …
I believe the town people should not be forced to cover legal or consulting fees / Town Resources past this point .. as enough information and testimony has been gathered in this subject matter to satisfy, good faith and reasonable/ non-biased participants.
As if town council were to ask Staff, how many thousands of dollars of Town resources to date have been spent on this “subject matter” - ROUGH ESTIMATE - as tracking hours and pay go… and should be easily available to date if asked.. would Town Council let the town people know at this date and time, within $3,000 let say.. ??
LETS NOT COOK THE BOOKS or SQUANDER TOWN RESOURCES!
Respectfully submitted,
Gus Who
ITEM NO. 8.
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ITEM NO. 8.
PREPARED BY: Jocelyn Shoopman
Senior Planner
Reviewed by: Planning Manager, Community Development Director, and Town Attorney 110 E. Main Street Los Gatos, CA 95030 ● 406-354-6832
www.losgatosca.gov
TOWN OF LOS GATOS
PLANNING COMMISSION
REPORT
MEETING DATE: 05/21/2026
ITEM NO: 1
DESK ITEM
DATE: May 21, 2026
TO: Planning Commission
FROM: Joel Paulson, Community Development Director
SUBJECT: Consider a Request for Approval to Modify an Existing Conditional Use Permit for Expanded Hours of Operation in an Institution for Religious Observance (West Valley Muslim Association) on Property Zoned R-1:8. Located at 16769 Farley Road. APN 424-21-062. Categorically Exempt Pursuant to CEQA Guidelines Section 15301: Existing Facilities. Property Owner: West Valley Muslim Association, Osmar Ghafoor, President. Applicant: Razi Mohiuddin. Project Planner: Jocelyn Shoopman.
REMARKS:
The applicant's response to the draft conditions of approval and their recommended edits are included in Exhibit 50.
Public comments received between 3:01 p.m., Wednesday, May 20, 2026, and 11:00 a.m., Thursday, May 21, 2026, are included as Exhibit 51.
EXHIBITS:
Previously Received with the March 25, 2026, Staff Report:
1. Location Map
2. Draft Resolution Making the Required Findings and Approving the Application Subject to the Conditionals of Approval (Included as Attachment A)
3. Conditional Use Permit U-89-11
4. Conditional Use Permit U-20-001; March 11, 2020, Planning Commission Staff Report; and March 11, 2020, Planning Commission Minutes
5. Letter of Justification
6. Neighborhood Outreach
7. Noise Analysis
8. Site Map
9. Applicant's Response to Public Comments Regarding Noise ATTACHMENT 21
ITEM NO. 8.
PAGE 2 OF 4
SUBJECT: 16769 Farley Road/U-24-010
DATE: May 21, 2026
10. Additional Information from the Applicant
11. Public Comments Received by 11:00 a.m., Friday, March 20, 2026, with Attachment A, Videos Provided as Part of Public Comments
Previously Received with the March 23, 2026, Addendum Report:
12. Public Comments Received Between 3:01 p.m., Friday, March 20, 2026, and 3:00 p.m., Monday, March 23, 2026
Previously Received with the March 24, 2026, Addendum Report 2:
13. Public Comments Received Between 3:01 p.m., Monday, March 23, 2026, and 3:00 p.m., Tuesday, March 24, 2026
Previously Received with the March 25, 2026, Desk Item Report:
14. Supplemental Information from the Applicant
15. Letter from the Applicant’s Legal Counsel
16. Public Comments Received Between 3:01 p.m., Tuesday, March 24, 2026, and 11:00 a.m., Wednesday, March 25, 2026
Previously Received with the March 27, 2026, Staff Report:
17. Public Comments Received Between 11:01 a.m., Wednesday, March 25, 2026, and 3:00 p.m., Friday, March 27, 2026
Previously Received with the March 30, 2026, Addendum Report:
18. Public Comments Received Between 3:01 p.m., Friday, March 27, 2026, and 3:00 p.m., Monday, March 30, 2026
Previously Received with the March 31, 2026, Desk Item Report:
19. Additional Information from the Applicant’s Legal Counsel
20. Supplemental Information from the Applicant’s Noise Consultant
21. Applicant’s Neighborhood Outreach
22. Applicant’s Response to Public Comments
23. Public Comments Received Between 3:01 p.m., Monday, March 30, 2026, and 11:00 a.m., Tuesday, March 31, 2026
Previously Received with the April 22, 2026, Staff Report:
24. Applicant’s Response to Neighborhood Group Meeting
25. Neighborhood Group’s Response to Meeting with the Applicant
26. Public Comments Received Between 3:01 p.m., Tuesday, March 31, 2026, and 3:00 p.m., Friday, April 17, 2026
Previously Received with the April 20, 2026, Addendum Report:
27. Additional Information from the Neighborhood Group
ITEM NO. 8.
PAGE 3 OF 4
SUBJECT: 16769 Farley Road/U-24-010
DATE: May 21, 2026
28. Public Comments Received Between 3:01 p.m., Friday, Apil 17, 2026, and 3:00 p.m., Monday, April 20, 2026
Previously Received with the April 21, 2026, Addendum 2 Report:
29. Public Comments Received Between 3:01 p.m., Monday, April 20, 2026, and 3:00 p.m., Tuesday, April 21, 2026
Previously Received with the April 22, 2026, Desk Item Report:
30. Supplemental Information from the Applicant
31. Additional Information from the Applicant’s Legal Counsel
32. Commissioner Comments
33. Public Comments Received Between 3:01 p.m., Tuesday, April 21, 2026, and 11:00 a.m., Wednesday, April 22, 2026
Previously Received with the May 13, 2026, Staff Report:
34. Draft Resolution Making the Required Findings and Approving the Application Subject to the Modified Condition of Approval (Included as Attachment A)
35. Modified Conditions of Approval, Track Changes
36. Applicant’s Response to the New Conditions of Approval
37. Public Comments Received Between 11:01 a.m., Wednesday, April 22, 2026, and 3:00 p.m., Friday, May 8, 2026
Previously Received with the May 12, 2026, Addendum Report:
38. Corrected Modified Conditions of Approval, Track Changes
39. Public Comments Received Between 3:01 p.m., Friday, May 8, 2026, and 3:00 p.m., Tuesday, May 12, 2026
Previously Received with the May 13, 2026, Desk Item Report:
40. Revised Draft Resolution Making the Required Findings and Approving the Application Subject to the Conditionals of Approval (Included as Attachment A)
41. Revised Conditions of Approval, Redlined
42. Comparison Chart of Approved Conditional Use Permits
43. Public Comments Received Between 3:01 p.m., Tuesday, May 12, 2026, and 11:00 a.m., Wednesday, May 13, 2026
Previously Received with the May 21, 2026, Staff Report:
44. Draft Resolution Making the Required Findings and Approving the Application Subject to the Conditionals of Approval (Included as Attachment A)
45. Modified Conditions of Approval, Track Changes
46. Public Comments Received Between 11:01 a.m., Wednesday, May 13, 2026, and 3:00 p.m., Friday, May 15, 2026
ITEM NO. 8.
PAGE 4 OF 4
SUBJECT: 16769 Farley Road/U-24-010
DATE: May 21, 2026
Previously Received with the May 20, 2026, Addendum Report:
47. Draft Resolution Making the Required Findings and Approving the Application Subject to the Conditionals of Approval (Included as Attachment A)
48. Commissioner Comments
49. Public Comments Received Between 3:01 p.m., Friday, May 15, 2026, and 3:00 p.m., Wednesday, May 20, 2026
Received with this May 21, 2026, Desk Item Report:
50. Applicant's Response to the Draft Conditions of Approval and Recommended Edits
51. Public Comments Received Between 3:01 p.m., Wednesday, May 20, 2026, and 11:00 a.m., Thursday, May 21, 2026
ITEM NO. 8.
WVMA Objections to Exhibit 44A Page 1
WVMA’s Objections to Latest Conditions of Approval – Exhibit 44A 05/20/2026
Address: 16769 Farley Road, Los Gatos CA 95032
Property Zoned: R-1:8
APN: 424-21-062
Owner and Applicant: West Valley Muslim Association (WVMA) Conditional Use Permit Application: U-24-010
Planner: Jocelyn Shoopman, Senior Planner, Town of Los Gatos The West Valley Muslim Association (“WVMA”) respectfully submits this letter regarding the latest updated conditions (Exhibit 44, Attachment A) for the May 21, 2026 Planning Commission Hearing. While the Conditions of Approval shown in Exhibit 44, Attachment A, are a significant improvement, many conditions continue to violate RLUIPA by imposing a substantial burden on religious exercise without a compelling governmental interest served through the least restrictive means, and by treating WVMA on materially worse terms than comparable religious institutions. We request the specific modifications stated below before the approval is finalized.
1. “Worship Services” Language (Condition 12)
The recent Conditions of Approval have changed the language from “Hours of Operation” to “Worship Services”.
This change is legally significant and creates RLUIPA compliance risk for the Town.
Substantial Burden Violation: By narrowly defining what constitutes use of our facilities as just “worship services”, the Town is creating a new restriction that places ambiguity as well as a substantial burden on the practice of our faith.
Religious services in congregation cannot be defined just as a start and stop of worship. For example, many of our prayers are connected to religious talks, gatherings, charitable events, Quranic reading and recitation, and community activities, that are part of our religious practice, but may not be viewed as strictly “worship” by some. This puts WVMA in a position of either restricting those services or regularly defending them as acts of worship. This would also effectively result in the Town making decisions about what constitutes “worship” in our religion when disagreements arise. In addition, congregational prayers exist to bring people together, and when people come together in our congregation, they check in on each other, have discussions or discussion groups, read or recite from the Quran, share a meal or coffee, etc. This is no different from the fellowship time that follows services at Christian churches, or the kiddush that follows services at Jewish synagogues – an informal gathering over food and drink that is universally understood as a natural part of congregational activity. Restricting WVMA to merely “worship” may jeopardize, for example, the following existing WVMA activities: (1) Fajr & Coffee, a post-dawn-prayer gathering that includes a talk by our religious scholar and refreshments; (2) Tuesday Young Professionals program; (3) Friday Family Nights; (4) weekend community dinners and iftars; (5) Quran classes, parenting classes, and youth programming; and (6) visiting scholar lectures and seminars. These are not new activities – they are the lived practice of this congregation and have been conducted lawfully for years. Retroactively restricting them through a CUP modification that sought only to extend hours is independently a substantial burden under RLUIPA.
Equal Terms Violation: Every other religious institution CUP in Los Gatos reviewed by WVMA uses either “Hours of Usage” or “Hours of Operation” – none uses “worship services” as the operative time boundary. No other religious institution in Los Gatos is required to define or defend whether a given activity qualifies as a “worship service.”
Regression from Existing Rights: We are not asking for something new – we have been providing such activities for years. Only permitting “worship services” will require almost daily interpretation and different closure rules, which will result in much confusion to our community and others, and is inconsistent with any other faith institution. The EXHIBIT 50
ITEM NO. 8.
WVMA Objections to Exhibit 44A Page 2
Town can expect to receive reports of perceived violations, which would effectively put the Town in a position where the Town would be called upon to make theological determinations about what constitutes “worship” in the Islamic faith – a role no government body is equipped or permitted to play. The protection of these existing activities is not merely a matter of convenience – it is a RLUIPA requirement. A CUP modification that retroactively restricts religious exercise that was freely permitted under the prior CUP clearly imposes a substantial burden. The Town’s own application materials confirm that this proceeding was initiated solely to extend hours of operation, not to restrict or in any way revisit the scope of permitted activities.
We request returning to “hours of operation” in Condition 12(a), 13(a), 15 and all other conditions where “worship services” has been substituted. “Hours of operation” is objective, consistent with every comparable CUP in Los Gatos, and covers the full scope of existing WVMA activities without requiring case-by-case determinations about whether a given activity qualifies as a “worship service.” Specifically, wherever the conditions read “when a service is not in session” or “during services,” those phrases should be revised to “when the facility is not in use” or “during facility operations” to achieve the same objective without the same compliance risk.
2. Lot Closure Rule – “All Other Activities” (Condition 15) We spent the last 21 months requesting an extension of 30 minutes to our usage until 10:30 p.m., and 30 additional minutes for clearing the parking lot, only to see the conditions revert to “for all other activities, the parking lot shall be vacated by 10 p.m.”, continuing the 2020 CUP restriction that WVMA's modification application specifically sought to change. It negates the 10:30 p.m. end-of-operations request and creates a compliance trap for any evening program that flows into or around the Isha prayer. This is the modification WVMA applied for – restoring the prior restriction through a subordinate clause is not a compromise; it is a de facto denial.
Substantial Burden Violation: A condition that grants a 10:30 p.m. authorization with one hand and imposes a 10:00 p.m. lot-clearance rule for “all other activities” with the other is not a compromise. It is a substantial burden dressed as one. The “all other activities” clause also creates an internal contradiction: the Lot Closure Rule otherwise allows 30 minutes following the end of services to vacate the lot, yet this sentence requires immediate clearance at 10:00 p.m. regardless of when activities end — an operational impossibility not imposed on any other religious institution. Moreover, since Isha prayer falls at or after 10:00 p.m. during at least the May–August period, any community program that precedes or follows Isha – a youth discussion group, a community dinner, a visiting scholar’s talk – would require the parking lot to be cleared before or during prayer. Ironically, under this condition, members would be required to move their cars to the public street before 10:00 p.m., and then return inside for prayer – increasing rather than reducing the neighborhood impact the condition purports to address.
Regression from Existing Rights: The “all other activities” clause also represents a regression from WVMA's existing rights – the 2020 CUP did not contain a 10:00 p.m. lot-clearance rule, and a modification that narrows existing permitted rights without a compelling governmental interest demonstrated through the least restrictive means independently violates RLUIPA.
We request the deletion of the sentence “For all other activities, the parking lot shall be vacated by 10 p.m.” The operative rule: facility use ends at 10:30 p.m.; lot cleared by 11:00 p.m.
3. Annual Compliance Reviews (Condition 7)
Equal Terms Violation: Town Staff have confirmed in an email to WVMA that there is no other religious institution in Los Gatos that is subject to Annual Reviews for 3 years. WVMA cannot identify a single religious assembly CUP in Los Gatos subject to even a one-year review – Faith Lutheran's review was a one-time check tied to school enrollment, not its religious observance. St. Mary’s annual report tracks student enrollment counts only – not religious observance.
ITEM NO. 8.
WVMA Objections to Exhibit 44A Page 3
Substantial Burden Violation: Town Staff has estimated that a deposit of $10,000 annually would be required, with unknown and unlimited additional costs. This constitutes a substantial financial burden on WVMA.
Beyond the direct financial burden, an annual review creates an ongoing legal uncertainty that itself constitutes a substantial burden under RLUIPA. WVMA has already devoted 21 months and substantial legal resources to this proceeding. A condition requiring it to repeat a version of this process annually – at unpredictable cost, before a public forum that neighbors may use to relitigate settled questions – chills WVMA’s ability to plan programs, hire staff, make capital investments, and conduct religious programming.
The Town has not shown a compelling governmental interest for this provision. Even if it could, three annual reviews at substantial cost is not the least restrictive means. The Town already has a procedure under its Municipal Code (LGMC §29.20.310) that is less restrictive. It can modify a use permit on its own motion. The Town’s existing Code Compliance process is the appropriate mechanism for addressing any future concerns, as it is for every other religious institution in Los Gatos.
We request the Town use the least restrictive means and remove the annual compliance review from the conditions.
4. Attendance Cap (Conditions 12(c) and 13(a))
Equal Terms Violation: No other religious institution in Los Gatos is subject to a sub-Fire Code attendance limit.
Staff confirmed this on the record at the April 22 hearing. Capping attendance at WVMA – the only mosque in Los Gatos – at a number materially below the Fire Code maximum occupancy of 1,217 persons is not a neutral land use standard. It is a mechanism for the Town to determine how many Muslims may worship at one time. That is precisely the burden RLUIPA prohibits.
Substantial Burden Violation: The attendance cap also independently violates RLUIPA’s substantial burden provision. Forcing WVMA to monitor attendance at each of five obligatory daily prayers and turn away congregants who wish to fulfill a mandatory religious obligation imposes a direct and severe burden on religious exercise. The Town must demonstrate that a sub-Fire-Code cap is the least restrictive means of serving a compelling governmental interest. It cannot meet that burden. The Fire Code maximum occupancy for this facility is 1,217 persons across the three auditoriums; the proposed cap falls materially below that threshold. If the Town wishes to minimize on-street parking, less restrictive means to do so – instituting a parking permit program, designating areas of the street as no parking zones, etc. – are available, and RLUIPA requires the Town to pursue the least restrictive means available – and less restrictive alternatives clearly exist on this record.
We request that Conditions 12(c) and 13(a) be deleted, as the language in Condition 11 (Occupancy Limits) is already accepted by Staff, and consistent with every other religious institution in Los Gatos. No sub-Fire-Code cap appears in any other religious assembly CUP in the Town’s record.
5. Living Quarters Carve-Out (Condition 15)
Gap in Conditions: Condition 15 contains no carve-out for residents of the on-site living quarters or their guests.
Scholars and religious leaders residing on the property must be able to access the parking lot at all hours. The absence of this carve-out subjects their personal residency to congregation-level restrictions. This is not merely an oversight – it raises a distinct legal concern: a CUP condition cannot restrict a residential occupant’s access to their own home and parking without independent legal authority. The prior draft conditions already recognized this by including a leaders’ quarters carve-out in the Quiet Hours parking provision. The omission from Condition 15 is internally inconsistent with the document’s own framework and should be corrected.
ITEM NO. 8.
WVMA Objections to Exhibit 44A Page 4
Substantial Burden Violation: If the conditions do not allow scholars and religious leaders who reside in the on-site living quarters to park, they burden our ability to retain religious leadership, which is essential to the observance of our faith. There is no compelling governmental interest that could be served by such a restriction. And even if there were, less restrictive means of meeting that interest plainly exist.
Request: Add “The foregoing restrictions do not apply to residents of the on-site living quarters or their guests.”
6. Driveway Operations – Overbroad Responsibility (Condition 24) Enforceability Concern: The condition requires WVMA to “ensure that ingress and egress to neighboring driveways is preserved” – without clarification about what “preserved” would entail, and without limiting that obligation to the actions of WVMA's own members. A recent video from the neighbor demonstrated this problem – where a news reporter’s vehicle blocked the neighbor’s driveway and the neighbor wrongly claimed the vehicle belonged to a WVMA member. WVMA cannot be held responsible for third parties with no connection to its operations. No other institution in Los Gatos bears this obligation. Imposing on WVMA a duty to control the conduct of unaffiliated third parties – news crews, passersby, delivery vehicles – is a standard applied to no other religious institution in Los Gatos, violating RLUIPA’s equal terms provision (42 U.S.C. §2000cc(b)(1)).
There is no complaint on the record that WVMA members blocked the driveways of neighbors. If the Town insists on a condition, WVMA requests that it be limited to what WVMA can actually control – the conduct of its own members – and tied to an obligation WVMA already performs. Proposed language: “The applicant shall include in its periodic member communications a reminder to attendees not to park in a manner that blocks ingress and egress to neighboring driveways.” This ties the obligation to the monthly outreach already required under Condition 22, clarifies what would be required, imposes no new operational burden, and limits WVMA’s responsibility to its own congregation.
7. Protection of Existing Activities
WVMA also respectfully requests that the Commission confirm, either in the conditions themselves or in the resolution of approval, that all activities currently conducted by WVMA under its existing Conditional Use Permit remain expressly protected under the modified CUP. The modification application sought to extend hours of operation – not to restrict the scope of activities that have been conducted lawfully for years. The 2020 CUP approved a general institution for religious observance with no restriction on activity type beyond hours and occupancy. Several of the new conditions – particularly the “worship services” language in Condition 12, the “all other activities” clause in Condition 15, and the absence of explicit protection for post-prayer fellowship among other things – could be read to restrict activities that were freely permitted under the prior CUP. Any condition that narrows the scope of permitted activities beyond what the 2020 CUP allowed – including by restricting the activities enumerated in the Worship Services section above – without a compelling governmental interest and least restrictive means analysis, imposes a burden beyond the scope of this application and beyond what RLUIPA permits.
WVMA requests that the permitted hours of operation be understood to cover all activities within the Permitted Use specified in Condition 9, without requiring case-by-case determinations about whether a specific activity constitutes a “worship service”.
WVMA reserves its right to object to the additional conditions added at the April 22 and May 13 hearings, which in their totality impose a substantial burden on WVMA's religious exercise.
We appreciate the Planning Commission’s consideration of the above changes, to meet the RLUIPA requirements, to protect existing activities and permitted use, and to ensure that WVMA's obligations are limited to what it can control.
ITEM NO. 8.
WVMA Objections to Exhibit 44A Page 5
These revisions will also clarify the scope of what is allowed and restricted, minimizing the potential for future disputes with neighbors and unnecessary calls to Code Enforcement or the police department.
ITEM NO. 8.
Planning Commission – May 21, 2026
CONDITIONS OF APPROVAL
16769 Farley Road
Conditional Use Permit Application U-24-010
Requesting Approval to Modify an Existing Conditional Use Permit for Expanded Hours of Operation in an Institution for Religious Observance (West Valley Muslim Association) on Property Zoned R-1:8. APN 424-21-062. Categorically Exempt Pursuant to CEQA Guidelines Section 15301: Existing Facilities.
PropertyOwner: West Valley Muslim Association,Osman Ghafoor, President.
Applicant: Razi Mohiuddin.
TO THE SATISFACTION OF THE DIRECTOR OF COMMUNITY DEVELOPMENT:
A. General Conditions
1. Approval and Substantial Conformance
This application shall be completed in accordance with all conditions of approval and in substantial compliance with the approved plans. Any changes or modifications shall be approved by the Community Development Director, Development Review Committee (DRC), or the Planning Commission, depending on the scope.
2. Expiration
The approval will expire two years from the approval date pursuant to Section 29.20.320 of the Town Code, unless the approval has been vested.
3. Lapse for Discontinuance
If the activity for which the Conditional Use Permit has been granted is discontinued for one (1) year, the approval lapses pursuant to Section 29.20.340 of the Zoning Ordinance.
4. Compliance Memorandum
A memorandum, consistent with Town practice,shall be prepared and submitted with the building permit detailing how each condition of approval will be addressed.
5. Interpretation and Implementation
No verbal interpretation, directive, or guidance shall be considered valid or binding for purposes of compliance with this Conditional Use Permit. The applicant shall not rely on any direction or approval unless it is documented in writing and expressly authorized by the Community Development Director.
6. Town Indemnity
Applicants are notified that Town Code Section 1.10.115 requires that any applicant who receives a permit or entitlement (“the Project”) from the Town shall defend (with counsel approved by Town), indemnify, and hold harmless the Town, its agents, officers, and employeesfrom and against any claim, action, or proceeding (including without limitation any appeal or petition for review thereof) against the Town or its agents, officers or employees related to an approval of the Project, including without limitation any related application, permit, certification, condition, environmental determination, other approval, compliance or failure to comply with applicable laws and regulations, and/or processing methods (“Challenge”). Town may (but is not obligated to) defend such
ITEM NO. 8.
Challenge as Town, in itssole discretion, determines appropriate, all at applicant’s sole cost and expense.
Applicant shall bear any and all losses, damages, injuries, liabilities, costs and expenses (including, without limitation, staff time and in-house attorney’s fees on a fully-loaded basis, attorney’sfees for outside legal counsel, expert witnessfees, court costs, and other litigation expenses) arising out of or related to any Challenge (“Costs”), whether incurred by Applicant, Town, or awarded to any third party, and shall pay to the Town upon demand any Costs incurred by the Town. No modification of the Project, any application, permit certification, condition, environmental determination, other approval, change in applicable laws and regulations, or change in such Challenge as Town, in its sole discretion, determines appropriate, all at the applicant’s sole cost and expense. No modification of the Project, any application, permit certification, condition, environmental determination, other approval, change in applicable laws and regulations, or change in processing methods shall alter the applicant’s indemnity obligation.
7. Compliance Review
For the three years following approval, the Planning Commission shall conduct an annual compliance review of the Conditional Use Permit. This compliance review shall be completed at the applicant’s expense.
8.7. Compliance with Laws
The applicant shall comply with all applicable federal, state, and local laws, including the Town Code, as they may be amended from time to time. This includes, but is not limited to, compliance with all updated zoning, building, noise, traffic, parking, and environmental regulations enacted by the Town Council.
B. Use and Occupancy
9. Permitted Use
Operate an existing institution for religious observance. In addition to worship services, the applicant may use the facility for religious exercise, including but not limited to prayers, religious educational classes, Sunday school, as well as community events, charitable events, and other activities related to the religious mission of the institution.
Facility may be rented to community members or by organizations providing educational, charitable, religious or other services for the benefit of the institution’s members.
10. Living Quarters
The leaders’ quarters shall not be used for any purpose other than living quarters for visiting scholars and/or leaders associated with the institution.
11. Occupancy Limits
On-site events shall be limited to the maximum building occupancy established by Fire and Building Code.
C. Facility Operations
12. General Hours
Hours of operation shall not begin earlier than 1.5 hours before sunrise or extend past 10:30 p.m. daily, except as specified in Condition 11, Seasonal Late-Hours Exception.
ITEM NO. 8.
a. Worship services shall not begin earlier than 1.5 hours before sunrise or extend past 10:30 p.m. daily, except as specified in Condition 13, Seasonal Late-Hours Exception. b. Other activities are limited to the hours of 8 a.m. to 10 p.m. c. The congregation for general worship services shall be limited to a maximum of 720 persons.
13. Seasonal Late-Hours Exception
Thirty (30) day period during Ramadan, services may extend beyond 10:30 p.m. as follows:
• Until 11:30 p.m. when sunset is before 7:30 p.m.
• Until 12:00 a.m. when sunset is after 7:30 p.m.
The applicant shall maintain a publicly available website and list on an annual basis the dates seasonal late hours will be exercised for Ramadan. Seasonal-late hours in this Section are not transferable to another owner or use for which nighttime worship is not a component of their religion.
a. The congregation forseasonal late-hour worship services shall be limited to a maximum of 869 persons.
14. Intentionally omitted.
15. Lot Closure Rule
Notwithstanding the Quiet Hours limitation, for worship the parking lot shall be vacated by 11:00 p.m. during general hours of operation and within 30 minutes of the end of the last service during seasonal late hours, with staff or volunteers reminding attendees to leave quietly. The lot can be opened two hours prior to sunrise for the pre-sunrise services. For all other activities, the parking lot shall be vacated by 10 p.m. The foregoing restrictions do not apply to residents of the on-site living quarters or their guests.
16. Windows and Doors
Windows and doors on the west elevation shall remain closed when indoor services are taking place, except for ingress and egress to the building.
17. Deliveries
Deliveries by vehicles exceeding 26,000 pounds GVWR shall occur between 8:00 a.m. and 68:00 p.m., Monday through FridaySaturday.
18. Food Vendors
Food vendors associated with events shall be located at least 20 feet from the property line abutting residences.
19. High Attendance Guidelines
At least thirty (30) days before any recurring or seasonal period of high attendance where on-site parking is insufficient to accommodate parking demand, the applicant shall provide members and attendees written reminders regarding:
a. Respectful parking practices, including use of on-site spaces, carpooling where possible, and avoidance of spillover impacts on surrounding residential streets. b. Minimizing congregating in the parking lot to adhere to Quiet Hours requirements. c. Compliance with all applicable Conditions of Approval.
Documentation of this communication (e.g., copy of written notice, email, and posting on the facility’s website) shall be maintained on file and made available to the Community Development Director upon request.
ITEM NO. 8.
D. Noise
20. Noise Mitigation
Quiet Hours are established as 10:00 p.m. – 8:00 a.m. daily. During Quiet Hours:
a. Noise Standard – All activities shall comply with the Town’s Noise Ordinance residential standard in effect at the time of the activity measured at the property line during 10:00 p.m. – 8:00 a.m.
a. Parking Lot Operations – During Quiet Hours when a service is not in session, the lot may only be used for ingress, egress, security, emergency access, or use by the leaders’ quarters occupants.
b. Building Operations – Windows facing residences shall remain closed during Quiet Hours. Doors facing residences shall remain closed during Quiet Hours, except when necessary to permit ingress and egress to the building for morning and nighttime services. Doors may be opened for the limited purpose of ingress and egress. c. Signage and Communication – The applicant shall maintain posted “Quiet Hours” signage and provide reminders to attendees regarding minimizing noise when leaving. Such signage specifying the established quiet hours shall be prominently displayed and appropriately maintained on the building in such a manner to ensure signs are clearly visible and easily readable at all times to individuals entering and exiting the building.
21. Noise Ordinance
The Noise Ordinance of the Town of Los Gatos is specifically adopted as conditions of approval for the Conditional Use Permit, and shall be applied consistently with its application to all similarly situated uses in the Town.
Intentionally Omitted.
E. Parking and Traffic
22. Monthly Communication
The applicant shall continue monthly outreach to members encouraging carpooling, use of on-site spaces, and to be sensitive to the concerns of the neighborhood residents.
23. Parking Lot Monitoring
For events anticipated to exceed available on-site parking, the applicant shall implement traffic management measures which may include parking attendants, directionalsignage, carpooling encouragement, or other measures. The applicant shall designate a person, volunteer, or parking attendant to monitor on-site parking during any service or event expected to generate attendance that may approach or exceed available on-site parking capacity, with training as available by an entity that provides this type of training. The monitor shall make reasonable efforts to ensure that:
a. All on-site spaces are utilized before attendees seek parking off-site. b. All vehicles parked on-site shall maintain emergency vehicle access.
24. Driveway Operations
During events expected to generate traffic volumes that may result in queuing or neighborhood spillover, both drivewaysshall be used for exiting the property, with traffic attendants provided as necessary to facilitate circulation. Applicant shall make
ITEM NO. 8.
accommodationsto facilitate access by public safety resources when necessary. The applicant is authorized to remove the right turn only sign at the end of the egress driveway. The applicant shall include in its periodic member communications a reminder to attendees not to park in a manner that blocks ingress and egress to neighboring driveways.The applicantshall ensure that ingress and egressto neighboring driveways is preserved.
25. Event Parking Overflow Plan
For events where on-site parking isinsufficient to accommodate parking demand, the applicant shall implement an overflow parking plan.
26. Parking Lot Expansion
The applicant shall submit an application proposing additional parking spaces to the Community Development Department for review within six months of the final approval date and complete the construction improvements within one yearthree years of the final approval date. The parking lot expansion shall add 23 parking spaces or up to as many as possible based on compliance with Town Code standards. Within six months of the final approval date, the existing parking lot shall be repaired on a local basis so that cracks, bumps, or other anomalies do not unreasonably contribute to additional noise generation of passing vehicles. Thereafter the parking lot shall continue to be maintained to avoid conditions like cracks and bumps which generate noise.
F. Facilities and Site Design
27. Electric Gate
Any future modification to the existing electronic sliding gate, or installation of a new electronic sliding gate shall include sound dampening approaches and technologies.
28. Landscape Plantings
For the purposes of sound and light mitigation, the applicant shall fill in any existing gaps in plantings or fencing by either planting a hedgerow to fill in gaps at perimeter fences, planting a variety of native trees and shrubs for the purpose of sound and light mitigation, or installing screens for those perimeters adjacent to residential uses, as approved by the Community Development Director within one year of the final approval date. If plantings are selected, they shall be a minimum size of three gallons and the selected plantings shall grow two to four feet per year. The specific plantings shall be based on discussions with the applicant and the Community Development Director. The plantings shall be maintained at a height of eight feet. Additionally, the applicant shall offer to provide plantings or moveable barriersto the neighbor acrossthe street in order to reduce headlight intrusion into the residential property across the street.
29. Portable Screening
Prior to the mature growth of landscape plantings, as detailed in Condition #30, the applicant shall obscure vehicle headlights on the perimeter properties to the facility through the use of privacy mesh, wind screens, or the use of portable planters/screening as proposed by Zayn Zaafran’s letter dated, April 20, 2026, included in Exhibit 29 of the April 22, 2026, Planning Commission staff report packet.
30. Fencing
As portions of the fencing are replaced in the future, the applicant shall submit an application for a fence height exception to the Community Development Department for
ITEM NO. 8.
the purpose of increasing the height of existing fences around the perimeter of the property adjacent to residential uses to eight feet for the purpose of mitigating noise and light pollution.
31. Pedestrian Ingress and Egress
The applicant shall submit a Building Permit application and receive final inspection to construct an opening in the concrete wall in front of the property for the purpose of allowing pedestrian ingress and egress to the site without walking in the driveway within one year of the final approval date.
32. Lighting
All site and parking lot lighting shall be full-cutoff, downward directed, and at the Building Code minimum brightness level during Quiet Hours within one year of the final approval.
G. Community Interface
33. Activity Calendar and Community Interface
The applicant shall maintain a publicly accessible website that includes information on services, programs, classes, and events open to its members. The website shall list a monthly calendar of scheduled events, which includes services offered and the hours when services are in session. The applicant’s online calendar shall provide at least a 30- day notice in advance of events and activities scheduled to take place at the facility, to the extent practicable. The applicantshall provide contact information for multiple board members and staff on the applicant’s website. The application shall explore setting up a single phone number that makes all neighborhood inquiries, comments, and complaints accessible by board members and staff, and if it does so, then it need only provide that contact information on its website.
The applicant will provide a monthly notice to members reminding them of the speed limit on Farley Road and neighboring streets, a recommendation to carpool, and to avoid generating noise during ingress and egress.
H. Other Conditions
Intentionally omitted.
34. Los Gatos-Monte Sereno Police Department
Intentionally omitted.
ITEM NO. 8.
This Page
Intentionally
Left Blank
ITEM NO. 8.
From: Kim Ratcliff < >
Sent: Thursday, May 21, 2026 10:59 AM
To: Jocelyn Shoopman <[email protected]>; Planning <[email protected]> Subject: Please include
May 20, 2026
Dear Planning Commission:
We are writing to provide more relevant context to address concerns with and offer ideas on how to improve the current draft of the “CONDITIONS OF APPROVAL” published online for the May 21 Special Session for the Planning Commission Meeting. The CONDITIONS OF APPROVAL have evolved from the Applicant’s initial modification application of the CUP for 16769 Farley into, today, a list with complexities and confusion surrounding the issues and a lack of clear language and terms to correctly set 1) accountability 2) clarity 3) create alignment and 4) strive towards compatibility = harmony.
The current drafted conditions ignore the legitimate governmental interest of neighborhood preservation, penalizing local residents. The Town is treating WVMA significantly better than other secular and religious institutions.
We need to be fastidious with the language to eliminate misalignment and provide compliance guardrails. We want to ensure that the Planning Commission, Commissioners and Town Council are all equally equipped with data that represent the residents’ and neighborhood’s best interest, as well as the Applicant. Today the data is a lopsided, unrealistic representation of the situation.
As it stands with the current drafted conditions, the residents are being punished and the legitimate governmental interest of preserving the neighborhood blatantly ignored. The Town is treating WVMA better than other Islamic institutions in the Bay Area (especially as a majority of other area mosques are located in industrial zones, but are still required to have daily traffic caps). Most certainly better than Hillbrook School CUP, for which an intensification of use and traffic limit precedent was set more than 15 years ago.
Per the recommendation of the Town of Los Gatos, we are respectfully submitting this document summarizing concerns the neighbors have contained within the list of CONDITIONS OF APPROVAL, posted on the Town of Los Gatos’ Planning Commission Meeting Packet for the 5/21/20 meeting. We are also including existing examples of precedence and where conditions are incomparable. We believe that providing this holistic picture gives the Planning Commission staff, the Commissioners and the Town Council a realistic, fact based, informed recommendation to address and balance the pending modification CUP application for 16769 Farley Road:
EXHIBIT 51
ITEM NO. 8.
1. USE AND OCCUPANCY
Recommended ACTION: Delay Adoption of Resolution - The original intent of the CUP modification application was to address hours to support a. five daily prayer hours (including clarification of ‘predawn services’) and b. adopt seasonal late hours to support the lunar calendar. Today, it would not be prudent or responsible for the Planning Commissioners or Town Council to adopt any resolution without fact based relevant data that is representative of the modifications being requested.
Why: The current information before the Planning Commission Staff and Commissioners is inaccurate. The current information submitted by the Applicant is misleading and irrelevant as the data does not provide factual or accurate information about the intensification of use conditions (traffic, safety, light and noise pollution). The data submitted is NOT representative of the proposed modification scenarios (General Hours or Ramadan) as the Applicant’s reports were done in ‘non-seasonal’ conditions, as well as only for daily prayer service, versus the extensive types of permitted use (Section B, Item #9 - Use and occupancy). Misapplying RLUIPA strips homeowners of their property rights, turning residents into "second-class citizens".
Enforcing neutral restrictions on noise, headlights, and hours of operation is a legitimate exercise of municipal authority, not religious discrimination.
The Facts:
• Established Ninth Circuit precedent, such as San Jose Christian College v. City of Morgan Hill (2004), which allows municipalities much greater oversight. • Regional Mosque Precedent: Most Bay Area mosques are located in industrial zones and operate under strict daily traffic caps. For example, as part of its CUP, MCA in Santa Clara must enforce an approved Parking Management Plan. This requires securing overflow agreements with neighboring commercial properties (e.g., ServiceNow, Vanguard) during high-attendance events like Friday prayers or Ramadan to prevent neighborhood congestion.
• Federal courts consistently uphold reasonable, neutral compromises that balance neighborhood impact with worship needs.
• Local Precedent: The Hillbrook School CUP established a clear precedent for limiting traffic and intensification of use more than 15 years ago.
• Los Gatos has consistently imposed conditions regulating congregations size, parking capacity, traffic management, operational hours and advance notification requirements where necessary to mitigate neighborhood impacts and protect public safety (See Mary Hogan’s letter from May 12)
• Rolling Hills Covenant Church, municipal-led compromises successfully scaled back sanctuary capacity and adjusted operations to preserve infrastructure. Neutral limits on operational hours and traffic flows protect public safety; they do not restrict the ability to practice faith. • The "Equal Terms" Mandate Prohibits Special Privileges: RLUIPA forbids treating religious institutions worse than secular ones, but it also prohibits treating them better by granting unsafe infrastructure exemptions.
ITEM NO. 8.
• CUP Precedents set with Hillbrook School
Proposed Remedy: Town to contract with a neutral 3rd party, studies capturing and reporting the intensification of traffic, safety, noise and light for the two plus scenarios the Applicant is proposing during 1) Ramadan 2027; and a 2) comprehensive 60 day analysis of general hours for a. Prayer service hours and b. Activity Hours; 3) Events (Require 4 separate events to be assessed).
CONCLUSION: Upon completion, analysis and 3rd party presentation of the studies’ results, The Town to revise and reevaluate the Use and Occupancy, Facility Operations, Noise, Parking & Traffic and Facilities and Site Design at a date certain of no more than 90 days after 2027 Ramadan, Seasonal Late-Hours Exception.
In the case a denial is not possible, please consider the following permit parking condition as discussed with Gabrielle Whelan and the additional context to improve/bolster the draft conditions:
Permit Parking Recommended ACTION: Add a new item to the CONDITIONS: Town of Los Gatos Planning Staff and Town Engineering- to develop and fund a Residential Parking Permit Program for FRNC. (See details below.) This is a critical need to ensure public safety and satisfy the legitimate governmental interest in preserving our neighborhood. It is not a RLUIPA violation because the applicant would receive parking permits as well as neighbors.
B. Use and Occupancy
Permitted USE (Item 9): Include language that requires EVENTS to have a cap, Requires Notice of X days; # of Events per year or Month to be capped; Requires a permit be obtained for Event and with LGPD. Faith Lutheran has this condition so it’s not a RLUIPA violation.
Permitted USE (Item 11): Occupancy limits must be CLEAR in order for the Applicant to have clear understanding to manage and be in compliance. Per Town Codes Sec. 29.10.150. Number of off-street spaces required. And Sec. 29.10.155. - Development standards. Additional language needed to describe how this condition will be enforced. Fire and Building Code to address standing/prostrating when assessing occupancy limits.
2. FACILITY OPERATIONS (Section C)
General Hours (Item 12)
To adhere to Town Code Sec. 16.20.010. Curfew noise disturbance.
Clear language stating all general activities (outside worship and Ramandan seasonal hours) are limited to 8 am - 10 pm similar to other R-1 religious institutions including St. Mary’s which operates only until 9:30 annually.
ITEM NO. 8.
Seasonal Late-Hours Exception (Item 13) Consistency with Item 12 - maximum of 720 persons.
Unless a TDM plan is required and WVMA provides leases with nearby parking lots and drop-off and pick-up on Farley Road is prohibited.
Lot Closure Rule (Item 15) - Clarify language so it correlates with Item 12. Allow applicant 15 minutes to vacate the parking lot after worship services outside general hours of operation — not 30 minutes.
Food Vendors (Item 18) - As a required CONDITION that the following language be added to this item:
Applicant’s request for CUP modification, include vendors, must implement a restricted space requiring vendors only use the East Side of the parking lot, and may not be located on any perimeter property line or residential fence line on the West side of the parking lot, specifically:
properties located at 16761, 16771 and 16781 Corcel Court; and 16803 and 16793 Farley Road (see Image A).
Why: Mutual Benefit will help mitigate noise pollution along residential and facility property lines, protecting and respecting the neighborhood’s full-time residents’ privacy by providing a dependable, consistent and reliable method to help foster a healthy, safe and supportive neighborhood character and harmonious environment.
When: Use limits: Must comply with Item #12, b - General Hours.
ITEM NO. 8.
3. Parking and Traffic (Section E)
Item 23: Parking Lot Monitoring Recommended Action:
This condition as it stands only addresses traffic direction in the parking lot. To ensure public safety and comply with Town Code Chapter 15 Motor Vehicles & Traffic, require that traffic directors, directing traffic on Farley Road from LG Blvd to Izorah Way during Ramadan, are trained individuals.
Item 24: Driveway Operations Recommended Actions:
Require Applicant to remove Right Turn Only Sign and install Left Turn Only Sign by September 1, 2026 to protect public safety, including children biking home on Fridays on Safe Routes to School, and feed vehicles directly to Los Gatos Blvd and not through feeder streets. Note:
Speeding was reported on Frank Avenue as recently as May 2026 after Friday services. The current language gives the applicant only permission to remove the sign. The applicant has had such permission for two years but not taken action.
Traffic monitors required at ingress/egress and to monitor on-street parking during Friday prayers to ensure public safety, ensure that neighboring driveways are preserved and that the lot is completely full before street parking is taken.
Events Parking Overflow Plan - Require more details and specific language. There are no details currently on how this will work or deadlines.
Permit Parking Recommended ACTION: Add a new item to the CONDITIONS: Town of Los Gatos Planning Staff and Town Engineering- to develop and fund a Residential Parking Permit Program for FRNC that can be rolled out in phases, with the first phase implemented by September 2026, to include Farley Road between Los Gatos Blvd and Flintridge, including Izorah Way and Frank Avenue. The recommendation of FRNC is to utilize the same plan the Town of Los Gatos has on Tait Avenue and Bean for St. Mary’s Catholic Church (see Image B).
The first phase will be monitored and included in the first Compliance Review. Based on this, the future phases, timing, components and expansion will be proposed and reviewed, with the intent to leverage the Town of Los Gatos’ new parking permit program currently under development.
ITEM NO. 8.
Image B
Sincerely,
The Farley Road Neighborhood Coalition
ITEM NO. 8.
From: Zahra Billoo < >
Sent: Thursday, May 21, 2026 9:54 AM
To: Planning <[email protected]>
Cc: Jeffrey Wang < >; Maria Ristow <[email protected]> Subject: Concerns Regarding WVMA CUP Deliberations
Importance: High
Dear Los Gatos Planning Commissioners,
I write on behalf of the San Francisco Bay Area office of the Council on American-Islamic Relations (CAIR-SFBA) regarding tonight’s continued deliberations on the West Valley Muslim Association’s conditional use permit application.
CAIR-SFBA is an office of the nation’s largest American Muslim civil rights and advocacy organization, working to promote justice, empower American Muslims, and enhance the understanding of Islam across the Bay Area and broader region.
Like many Muslim communities across California, our community is grieving this week following the deadly attack at the Islamic Center of San Diego. In that context, we were shocked and appalled to see neighbors invoke that tragedy to justify additional restrictions on WVMA and its congregants.
A hate motivated shooting that left worshippers dead, families shattered, and children traumatized should never be used as ammunition in a local land use dispute.
WVMA would be the target in such an attack, not the source of danger. Muslim communities understand this reality all too well. Mosques across the country have had to invest in security planning, emergency preparedness, cameras, gates, volunteer security teams, and coordination with law enforcement precisely because anti-Muslim violence is real and ongoing.
By all accounts, WVMA has already been engaging responsibly with the Town, law enforcement, and fire officials regarding traffic management, emergency access, occupancy, and safety planning since acquiring the property. The draft conditions already address these concerns.
At the same time, we note the Town Attorney has now acknowledged that several previously proposed conditions likely raised concerns under the Religious Land Use and Institutionalized Persons Act (RLUIPA), the federal law that protects religious institutions from discriminatory land use treatment. That acknowledgment should matter here.
The question before the Town is how to ensure Muslims are treated equally under the law.
CAIR-SFBA urges the Planning Commission to reject fear-based narratives, avoid singling out this congregation for unequal treatment, and ensure that any conditions imposed are lawful, neutral, evidence-based, and applied consistently across religious institutions.
ITEM NO. 8.
We are monitoring this matter closely and stand ready to support WVMA and the Muslim community in protecting their civil rights, including through legal advocacy if necessary.
At a moment when Muslim families across California are feeling vulnerable and targeted, local government should be sending a clear message that they belong here and that their rights will be protected equally.
Sincerely,
Zahra
Zahra Billoo, Esq.
Executive Director
Council on American-Islamic Relations, California
San Francisco Bay Area Office
ITEM NO. 8.
ITEM NO. 8.
Chapter 15 - MOTOR VEHICLES AND TRAFFIC
Sec. 15.20.020. - Directing of traffic by unauthorized persons.
No person other than a designee of the Director of the Parks and Public Works Department, an officer of the Police Department, or a person authorized by the Chief of Police, or person authorized by law, shall direct or attempt to direct traffic by voice, hand or other signal (except that persons may operate any mechanical push button signal). (Code 1968, § 16-15; Ord. No. 2284, § 1, 6-18-19)
On May 21, 2026, at 8:10 AM, Kim Ratcliff < > wrote:
in the street be trained?
Thanks and hope you're doing well!
K
ITEM NO. 8.
From: Kim Ratcliff >
Date: Thu, May 21, 2026 at 8:19 AM
Subject: Reiterating Importance of Sam-10 pm hours of operation condition for neighbors To: Gabrielle Whelan <[email protected]>, jimratcliff CC: Jocelyn Shoopman <[email protected]>, >,
Joel Paulson <[email protected]>, Sean Mullin <[email protected]>, Planning <[email protected]>
Dear Gabrielle,
Thank you for meeting with- and me yesterday. As always, we appreciate your time and the opportunity to discuss ideas on how to improve the draft conditions of approval for WVMA's Conditional Use Permit modification.
It's come to our attention that the applicant will now fight the hours for general activities (Use and Occupancy #12) that were proposed in the latest draft conditions of use. He will use the argument that no governmental body should be in a position to define what worship means in his faith. Last week, he admitted to the Planning Commission that he would like to extend the hours so members can stay after and have coffee.
We'd like to reiterate that many other religious institutions zoned R-1 in Los Gatos have operating hours for general activities that end at 10 pm, including St. Mary's which has maximum hours of operation from 7:30 am - 9:30 pm seven days a week. St. Mary's is also embedded deeply in a neighborhood as you know.
As mentioned in our meeting with you, we so appreciated that the PC added this condition.
Reasonable operating hours for activities outside worship is do or die for us neighbors and really the only key condition that will offer us relief. We have been given very little relief in the current draft of conditions. If WVMA is allowed to operate general activities until 10:30 annually and a half hour to clear the parking lot until 11 pm, this translates into hundreds of cars leaving every night year round as late as 11 pm. Dozens of households will be affected as those cars exit within 30 feet of our bedrooms and drive through our feeder streets. We will be unable to sleep and unable to perform our jobs at optimal capacity. Further this will be detrimental to our mental health as we will be sleep deprived.
Additionally, as discussed yesterday, as the applicant has been operating and vacating the parking lot by 10 pm for general activities for the past six years, why the sudden need to change? And 15 minutes to vacate the parking lot should be ample time.
Please uphold the Town's legitimate governmental interest in preserving our neighborhood and maintain this condition of approval.
Lastly, thank you for listening to our request to have the language strengthened for item 24 Driveway Operations under Parking and Traffic to mandatory removal of right turn only sign and
ITEM NO. 8.
left turn only replacement sign. The Town gave the applicant permission to remove the right hand only turn sign two years ago and he hasn't done so. We fear the applicant will not do so in the future unless mandated by the Town and this is not a burden on the applicant or a RLUIPA concern. This will help residents immensely and feed hundreds of cars late night out to the major arterial street, Los Gatos Blvd.
Thanks,
Kim and Jim Ratcliff
ITEM NO. 8.
From: Mary Hogan < >
Sent: Wednesday, May 20, 2026 3:43 PM
To: Jocelyn Shoopman <[email protected]>; Alexa Nolder <[email protected]>; Chris Constantin <[email protected]>; Gabrielle Whelan <[email protected]>; Planning <[email protected]> Cc: Allen Meyer <[email protected]>; Sean Mullin <[email protected]>; Joel Paulson <[email protected]>; Town Manager <[email protected]> Subject: Amplified sound for CUP U-24-010
Dear Planning Commission,
In the PC agenda for the upcoming May 21, 2026 PC meeting, the draft CUP U-24-010 has no condition on amplified sound.
Please add the condition that the WVMA will follow Town Ordinance Section 16.20.040. (NOT as stated by WVMA, “And no outdoor noise making events or etc between 10pm and 8am.”)
Amplified outside sound has limitations by Town Ordinance Section 16.20.040.
It states, “ 8:00am-7:00pm weekdays, 9:00am - 6pm Saturdays and 10:00am - 4:00 pm Sundays and holidays.”
The WVMA stated in their Response to Staff Technical Review dated 4/29/2026, “The requested additional time is for indoor prayer services.” And no outdoor noise making events or etc between 10pm and 8am.
Response to Staff Technical Review
04/29/2025
Address: 16769 Farley Road, Los Gatos CA 95032
Property Zoned: R-1:8
APN: 424-21-062
Owner and Applicant: West Valley Muslim Association (WVMA) Conditional Use Permit Application: U-24-010
Planner: Jocelyn Shoopman, Senior Planner, Town of Los Gatos …states:
We believe that the requested use will comply with Town Code Ordinance Chapter 16 – Noise.
There will be no outdoor events, music or musical instruments, operation of machinery or tools, etc. between the hours of 10:00 p.m. and 8:00 a.m. The requested additional time is for indoor prayer services.
• Sec. 16.20.040. - Amplified sound.
• •
• (a)
It shall be unlawful for any person other than authorized personnel of law enforcement or government agencies, to install, use, or operate within the Town any hand held or
ITEM NO. 8.
portable voice amplification device or sound amplifying equipment attached to or housed within any vehicle, boat or aircraft, including sound trucks for the purposes of giving instructions, directions, addresses, lectures or transmitting music to any persons or assemblies in or upon any street, alley, sidewalk, park or public property or any open space generally available to the public, without prior approval through a special events permit or conditional use permit granted by the Town.
• (b)
• Under such a permit, the commercial and noncommercial use of sound amplifying equipment shall be subject to the following limitations:
• (1)
• Only music, human speech or a combination of the same shall be permitted. • (2)
• The operation of sound amplifying equipment, including outdoor paging systems, for commercial purposes shall be limited to no greater than the hours of 8:00 a.m. to 7:00 p.m. weekdays, 9:00 a.m. to 6:00 p.m. Saturdays and 10:00 a.m. to 4:00 p.m.; Sundays and holidays.
• (3)
• Sound amplifying equipment shall not be operated within two hundred (200) feet of any church, school, or hospital while any of these facilities are in operation. • (4)
• In all events, the volume of sound and the hours of operation shall be so controlled that the sound will not be unreasonably loud, raucous, jarring, disturbing or a nuisance as defined by the Town Code.
• (5)
• Such conditions as are imposed on time of usage, level of volume, and quantity of equipment in the permit approval because of location of the usage. • (Ord. No. 1852, § II(11.30.040), 5-20-91; Ord. No. 1949, § III, 7-7-93) Thank you,
Mary Hogan
--
Mary Hogan
ˁ˚ᴥ˚ˀ
ITEM NO. 8.
LOS GATOS PLANNING COMMISSION 5/21/2026
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A P P E A R A N C E S:
Los Gatos Planning
Commissioners:
Jeffrey Barnett, Vice Chair
Susan Burnett
Adam Mayer
Joseph Sordi
Rob Stump
Community Development
Director:
Joel Paulson
Town Attorney: Gabrielle Whelan
Transcribed by: Vicki L. Blandin
(619) 541-3405
ATTACHMENT 22
ITEM NO. 8.
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P R O C E E D I N G S:
VICE CHAIR BARNETT: As always, we begin the
meeting with the Verbal Communications portion, and as you know by now, the opportunity is for anyone who wants to speak on a matter not on the agenda is welcome to come
forward. We don’t have any cards. Do we have anyone on
Zoom, Mr. Paulson.
ATTORNEY WHELAN: I’m sorry, Chairperson, it is a
special meeting, and so therefore the comments are
restricted to the subject matter of tonight’s meeting.
VICE CHAIR BARNETT: So, Verbal Communications is
not on the agenda?
ATTORNEY WHELAN: It is, but it for items that
are on the agenda.
VICE CHAIR BARNETT: Okay, well we closed the
public hearing at the last meeting. My understanding was that at this meeting we would have motions and discussion by the Planning Commissioners.
ATTORNEY WHELAN: That’s correct, and then every
meeting has to have an opportunity for members of the
public to make verbal comments.
VICE CHAIR BARNETT: On matters not on the
agenda, or if I’m being dense here.
ITEM NO. 8.
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ATTORNEY WHELAN: And that would be the case if
it was a regular meeting, and this is a special meeting.
VICE CHAIR BARNETT: So, I’m confused. Are you
suggesting that we open the public portion of the meeting? ATTORNEY WHELAN: No, I’m not, I’m just
recommending that there be an opportunity for Verbal
Communications.
VICE CHAIR BARNETT: I’m sorry, I’m completely
lost. If the public portion of the meeting is closed and no more public testimony can be had on the application, and we’ve closed the public hearing on the application, then how is verbal communication to be accepted?
ATTORNEY WHELAN: It’s just simply a portion of
the Brown Act that requires an opportunity for members of the public to address the Commission at any meeting. If you like, we could recess.
VICE CHAIR BARNETT: I just can’t reconcile those
two in my mind. Sorry if I’m being dense here. We do have one member of the public, but let’s resolve this issue.
SEAN MULLIN: Through the Chair, may I suggest
that we take a brief recess?
VICE CHAIR BARNETT: Why don’t we take a fiveminutes recess? SEAN MULLIN: Thank you.
ITEM NO. 8.
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VICE CHAIR BARNETT: Good suggestion.
(INTERMISSION)
VICE CHAIR BARNETT: I’m going to call the
meeting back to order, and upon legal advice I understand that Verbal Communications on items not on the agenda is not permitted, and that we will allow Verbal Communications on the application, and so people who wish to speak—and I have a card from Lee Quintana—are welcome to come forward, certainly with the understanding that we have read and
heard a lot, but you are welcome to do so. Thank you, Ms.
Quintana.
LEE QUINTANA: Again, I’m really not prepared to
speak. I haven’t had a chance to read the letter from the Applicant. I do have some thoughts. I started out writing a letter to the Commission, and I approached them seven
different ways and none of them worked, but I do have some real concerns that there are conditions in here that are questionable, such as the ending hour of operations.
The JCC has hours of operations till 12:30, and
then they are given exemptions that they can use till 1:30 two times a month. That’s a lot of late-night activity.
They’re not in an R-1 district, but they are adjacent to multiple-family housing. Does that mean that multiplePage 1930 ITEM NO. 8.
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family housing has less rights or more rights than singlefamily housing? The issue of the café, again, JCC has a café that
is open to the people who use the facility, not to anybody else, and it can’t be advertised; that’s one of the things that the mosque was asking for.
It’s unclear to me, reading through the last set
of conditions that I read through—they may have changed already—what a special event is. In most other CUPs it
specifically indicates that it’s something that you need to get a permit from the Police Department. In this one, it doesn’t say that. It says more than 100 people. I don't know if that is consistent with any other CUP, and again, the first thing in the mosque letter was the first thing that I came upon, which was the limitation to just
religious related matters. There should be a very clear definition of what the permitted uses are. I don’t think there is, not clear.
This document is hard to read. It’s repetitive,
it’s confusing, we have maximum attendance records set by the Fire Department, set by this, set by that. What is
maximum attendance? Some CUPs have parking that is
insufficient for their allowed attendance. There are all these inconsistencies between these.
ITEM NO. 8.
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I guess basically that’s all that I’m going to
have the time to talk about. But one more thing that I do want to state.
All the CUPs that I looked at, the only time that
fencing was a requirement was when new construction was being done, so to force new fencing on one side of this site that is largely vacant…
VICE CHAIR BARNETT: I’m afraid your time is up,
but we always appreciate your comments and your letters.
LEE QUINTANA: Yes, you do, sometimes.
VICE CHAIR BARNETT: My understanding of the
protocol, and Ms. Whelan can confirm, that it’s not an
expectation of the Planning Commissioners to ask questions of the speakers.
ATTORNEY WHELAN: That correct.
VICE CHAIR BARNETT: Thank you very much. I have
another card here from Michele S.
MICHELE S.: Thank you, and good evening. The one
topic that I wanted to discuss was the recommendation and action of the Planning Commissioners to delay the adoption of the resolution. This is because the original intent of the modification for this Conditional Use Application was specific to address and support the five daily prayers and Ramadan, and that would be not prudent or responsible for
ITEM NO. 8.
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the Planning Commissioners or the Town Council to adopt a resolution without fact-based, relevant data that is
representative of the modification being requested.
The current information that you have in the
packets that have been provided over the last almost half dozen meetings is inaccurate, and it was submitted by the Applicant that is misleading and irrelevant and does not provide factual or accurate information about the
intensification of use, traffic, safety, light and noise pollution. The data submitted does not represent the
proposed modification for the general hours or Ramadan, and the Applicant’s reports were done in non-seasonal
conditions, as well as only for daily prayer services,
versus the plethora of extensive types of activities listed in Section B, Item 9.
We believe misapplying the RLUIPA strips our
homeowners of their property rights, turning the residents into substandard citizens. Enforcing neutral restrictions on noise, headlights, and the hours of operation is a
legitimate exercise of the municipal authority and not a religious discrimination. We are here not about religion, but about compatibility. Questions?
VICE CHAIR BARNETT: (Inaudible) questions, but
thank you very much for your comments. I don’t have any