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other cards. Is there anyone who wants to speak? Thank you.
We’ll begin with Kim Ratcliff, and then go on to Jim
Ratcliff.
KIM RATCLIFF: Hi, Planning Commission. I have
copies of the letter that we sent today at 11:59. Does
everybody have those, or would anyone like one? I think you all got them.
VICE CHAIR BARNETT: We can ask the Town Attorney
if that was a Desk Item.
KIM RATCLIFF: I believe it was.
JOCELYN SHOOPMAN: It was included in the Desk
Item.
VICE CHAIR BARNETT: Thank you.
KIM RATCLIFF: Basically, we wrote to you, and
after meeting with Ms. Whelan, she suggested that we send you ideas on how to improve the conditions that would
improve the neighbors’ lives, and I don’t see that any of these changes that we’ve suggested in the letters have been included, so I just wanted to go over…
It says here on the proposed modifications that
Conditions B-10-C and all of Conditions C, D, and E
mitigate negative influences on our lives, and traffic
conditions also address the safety of the congregants of
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the mosque, and I feel that I need to point out there is just not clarity.
In Condition 24, Driveway Operations, “The
Applicant shall ensure the ingress and egress to
neighboring driveways is preserved.” How? There are no
details about that.
In Condition 25, Event Parking Overflow Plan,
“The Applicant shall implement an overflow parking plan.” Again, how? There are no details.
A big thing to the neighbors is the language also
under Driveway Operations. “The Applicant is authorized to remove the Right Turn Only sign at the end of the egress driveway.” Well, the Applicant has had permission to remove that for the last two year, and we’ve been asking the Town and the Applicant, and they haven’t removed it, and that’s a huge factor for us, because it not only directs every single car that comes out of the parking lot, every 200 cars, right past our house, so we take the brunt on three sides: the parking lot, the side narrow exit driveway, and now in the front, and all the cars, instead of turning left onto the feeder street, they feed past our house and they wind through all the streets, so that is a really big that I would encourage the language to be stronger for that, and
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also mandate a Left Turn Only sign; I think that would be great.
Also, Condition 26, Parking Lot Expansion. When
the cars drive down the narrow driveway we hear bump, bump, bump, and this is very unclear. “Shall be repaired on a local basis.” This is Condition 26, Parking Lot Expansion. “Shall be repaired on a local basis so that cracks, bumps, or other anomalies do not unreasonably contribute to
additional noise generations of passing vehicles.” I just feel there needs to be more clarity.
VICE CHAIR BARNETT: Understood. Thank you for
your comments. Now we have Jim Ratcliff, please.
JIM RATCLIFF: Thanks, Commissioners. The
Applicant, when he first asked, he had a humble ask. He said, “A mosque is not a mosque unless you have five daily prayers.” So, he got that. And then he wanted an hour later for Ramadan. He got that too. Now, he wants extra time for coffee time, guest speakers, weddings, amplification, he wants to stay 30 minutes more to empty the parking lot.
That’s going to be a big challenge. 10:00pm, and now he wants to go to 10:30 every day of the year. That’s going to be a real hardship.
People work from home. We need to sleep. That is
not going to be a great situation, and again, there is no
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maximum on occupancy. This is not equitable for the
neighbors. St. Mary’s’s, you can only stay till 9:30.
I guess the thing that is frustrating is the
mosque has an intensification of use that is uncomparable to other churches in Los Gatos. It’s not a very good
comparison. It really needs to be compared to other mosques in the Bay Area, because a lot of these other mosques are not on R-1 streets in a residential neighborhood, so it’s not really an equitable for fair comparison when you’re comparing the Applicant to the other churches in Los Gatos.
Thank you.
VICE CHAIR BARNETT: Thank you, sir. And we have
Mary Hogan.
MARY HOGAN: Good evening, Commissioners and all.
Last Tuesday at 9:00pm I stood in the driveway of a home across from the facility. I heard audio playing; it was from a phone on speaker as an attendee walked from the
facility entrance, down Farley Road toward Izorah Way. He crossed the street, entered a parked car, and shortly left.
At 10:00pm, again I’m out on the street; I have a
cat who I walk on a leash. Another attendee entered a car parked in front of the facility on Farley Road. He made a U-turn on Farley, the flash of lights washed the front of the house, and departed toward Los Gatos Boulevard.
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These are not dramatic incidents, and that is
precisely the point. This was not a major event, the
parking lot was not full, yet even under ordinary
conditions activity associated with late departures carries into the surrounding neighborhood. In residential areas, the impacts are incremental. Headlights through windows, engines starting, car doors closing, conversations, phones on speaker, traffic movements late into the evening. One moment may seem minor. Repeated over time, they
fundamentally change the nighttime character of a
neighborhood. That is why conditions matter.
It is unrealistic to expect perfect compliance
from every visitor, every night, indefinitely. If this
expansion is approved, we are potentially discussing
activity associated with approximately 180 parking spaces multiplied across evenings, weekends, and special events.
That creates thousands of individual moments where nearby residents absorb the burden of noise, traffic, lighting, and disruption.
This is not about opposing faiths, worship, or
community gathering. It is about compatibility within a residential neighborhood, and recognizing that operational impacts do not stop at property lines.
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The Commission has both the authority and the
responsibility to mitigate these impacts through meaningful conditions.
First, the Town’s own Parking Code states that a
use may not be modified through increased occupancy or
intensity.
Second, any approval should include a shorter
compliance review period, so the Town can evaluate whether mitigating measures are actually working.
Third, requiring reasonable investments in
traffic management, noise reduction, and quiet departures cannot be characterized as an undue financial burden.
At the end of the day, this comes down to mutual
respect between neighbors. I ask each of you to picture your own home at night, your porch, your living room, your family settled in, the quiet that makes a neighborhood feel like home, and consider what it means to preserve that for the residents who live here every day. Good planning is not about what a facility is permitted to do, it’s about
protecting the lived experience of the surrounding
community.
VICE CHAIR BARNETT: Thank you for those
comments, Ms. Hogan. And now we have Courtney.
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COURTNEY BUI: Hello. We spent quite a bit of
time in our previous hearing to understand the intensity.
Commissioner Stump asked the Applicant on the expected
volume. The traffic data provided to us only accounted for the five daily prayers and Ramadan. They were great
information; however, it didn’t account for events,
weddings, rentals, plant sharing, guest speakers, all year round new commercial and social activities. There is no cap at that.
These activities are not part of the calculation,
because our CUP was written entirely based on data
discussed. It is not comprehensive and accurate. We simply do not understand the true nature or scale of what is being proposed. Like the neighbor earlier said, the ask scope has changed from the beginning of five daily prayers to now coffee after praying, 30 minutes to leave the parking, etc.
Furthermore, while our building codes clearly
define max occupancy for traditional seating and standing, they don’t account for prayer position requirements; we don’t know what that number really, truly is. We’re
guessing here, leaving the true safety limits really
unclear. We moved from parking spot limitations now to
people capacity, and if people capacity is on praying, not on sitting or standing, then what is that?
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I ask the Planning Commission before moving
forward we need to get the numbers right. I respectfully ask that we do that analysis during Ramadan to capture true peak traffic, alongside a proper occupancy validation for prayer spacing. Only with this accurate data can we draft a safe, fair, and effective CUP. This will also give us time to write the CUP in a way that is clear for all. As the Applicant stated a couple of weeks ago, it’s not clear to him as an applicant, it’s not clear to that neighbor who just stood up here, it’s definitely not clear to most of us here. Thank you for your time and consideration.
VICE CHAIR BARNETT: Thank you, Courtney. And we
have Gus Who again. Please come forward.
GUS WHO: The Brown Act, the thing, because we
already had…and I was wearing a brown hat and stuff like that. You know how it kind of works. You’re supposed to also give it a three-day notice on this kind of stuff,
because again, the last-minute stuff.
I think it’s too soon after the San Diego just to
hear this kind of thing, just for the record. The flowers are for them, just out of town thing.
I’d like to remind everybody, especially Farley.
I said this the first time. If they sell the property, and you guys on the Planning Commission know this, the
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builders, they get this, they go three, four, six stories high, and everybody here that is complaining about noise and stuff like that, this is going to be 24 hours a day.
There will be 100 cars coming in and out, lights to be on all the time. The Farley residents have to realize they can sell the property and everybody… We’re already complaining about high-rises. They’re going to put a high-rise there.
That’s a perfect… Or three or four stories, right looking down on your back yards.
So, consider this… You know, another thing is
we’re getting into like a lot of legal stuff. This would go into the federal courts. I’ve been to three: San Jose, San Francisco, and Oakland courts. It’s expensive for both
sides, and the Town is going to be… You know, you’re
hitting the Town too, so let’s try to settle this.
The right lane, I mean, turning right, I think
they should know you can’t turn right into the residential.
That was the biggest problem that things. I think they will correct that. I don't know why they haven’t taken down the sign if that’s true, but they should do that immediately. I don't know if you guys can say, oh, make a left turn, but I would even block it off and have the cross guards, because it’s a residential street; put cross guards on the property line. Don’t let them turn in front of this house, and all
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the residents can go around, down Frank. Nobody needs to go down past the things besides the six houses, and that way you separate them for a little period of time, and that would solve a lot of the problems. I think it can be easily settled out of court, or out of this, if both sides would just be a little bit more reasonable. Thank you.
VICE CHAIR BARNETT: Thank you, sir. I have a
card from Razi, please.
RAZI MOHIUDDIN: Good evening, Planning
Commissioners. Thank you so much.
I just want to focus on one quick thing here.
Over the last meeting, not only were there a number of
conditions that were added by the Planning Commission, but there were two substantial changes made by the Staff and the Town Attorney there.
One was a change in the language of what the
usage was to specify worship services, and the second was essentially ending at 10:00pm without actually any time for moving that.
I want to point out that both of them actually
had a significant violation of RLUIPA over here. We’re not asking for special terms, we’re asking for equal terms, and in order for the Planning Commission to actually move to that, we have actually submitted a detailed letter so you
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can review that in detail, but what this actually means is that the Town has a responsibility in order to make sure that one, it is equal terms, and two, since it is a
substantial burden for us, has to have a compelling reason and the least restrictive means, so I just wanted to make that reminder to the Commission before it finalizes the set of Conditions of Approval. Thank you.
VICE CHAIR BARNETT: Thank you, sir. Do we have
anyone on Zoom?
DIRECTOR PAULSON: There are no hands raised on
Zoom.
VICE CHAIR BARNETT: Okay, thank you. We’ll now
proceed to formally act on the request for approval to
modify Conditional Use Permit U-24-10 for the property at 16769 Farley Road, and I incorporate all of the terms in the subject matter paragraph of the agenda.
Before we begin, are there any disclosures
regarding this matter. Commissioner Stump.
COMMISSIONER STUMP: Yes, I did receive a direct
email from a Farley Road neighbor, Mary Hogan. The email was headed, “Parking Space Per Seats.” I did not read the email, so I did not respond to any of the email’s content.
I responded to Ms. Hogan, stating I am unable to comment or answer your questions. The response I received back, “Thank
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you for your reply. I totally understand your position and appreciate all your time and concern.”
VICE CHAIR BARNETT: Thank you very much. Other
Commissioners? I have a disclosure. Javed Ellahie has
attended meetings here and has spoken. He was a law school classmate of mine, and during our respective legal
practices we had occasion to speak. However, we have spoken on no matters other than private matters unrelated in any way to this proceeding, such as retirement and physical health, and in no way is that going to affect my opinion tonight.
Moving on, I believe we should proceed to ask
questions of Staff before a motion is presented, and I’ll look for hands. Commissioner Sordi.
COMMISSIONER SORDI: I was hoping Staff could
give us a quick summary of the items we received. I think I’m pretty clear about… Well, maybe I’ll just start out and I’ll get more detailed about my question.
We got the packet, and it’s a clean version, and
also tracks changes version of the modified conditions that we discussed on May 13th, so there’s a clean version and a redline version. It’s the next one I’m a little confused about. Those were Exhibits 44 and 45.
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We got another memo that says that it’s a revised
resolution, it’s Exhibit 47, to provide reference to the applicable Conditions of Approval, and then it goes on to say, “which address the unique impacts of nighttime
services in a residential zone.” I feel like I’m missing something. Was it intended to clarify something?
ATTORNEY WHELAN: Yes, it was. The original
resolution referenced what impacts each condition was
intended to address, but it didn’t list all of the
applicable Conditions of Approval, and so the second
version that you got lists all of the Conditions of
Approval that relate to that particular impact.
COMMISSIONER SORDI: So, we have 34 Conditions of
Approval, I think, in the original, right? In the packet.
And did that number change?
JOCELYN SHOOPMAN: The Conditions of Approval did
not change in the addendum; it was only the resolution that was updated.
COMMISSIONER SORDI: Oh, just the resolution
part.
JOCELYN SHOOPMAN: Yes.
COMMISSIONER SORDI: I get it. Okay, thank you.
VICE CHAIR BARNETT: Other questions for Staff?
Commissioner Stump, please.
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COMMISSIONER STUMP: In public comment either
today or yesterday we received an inquiry related to
traffic direction, and it had to do with parking, and this is Condition 23, Parking Lot Monitoring. I assume that if the mosque parking monitors are on the public street
assisting with parking in the lot or the street that they need to be authorized by Parks and Public Works and/or the Police Department? Or what is the definition of parking lot monitor, or traffic direction? This is, again, Condition
23. ATTORNEY WHELAN: There is a code section in the
Town Code that specifies the people directing traffic on a Town street are limited to specific people, not private individuals; however, private property can have traffic and parking regulation by other people.
COMMISSIONER STUMP: So, then the understanding
for the Applicant is that their people are not to be in the street at all, but on the sidewalk or the driveway? Because I know just observing them, they were trying to be
conscientious and they have been out in the street and
trying to give people direction, so I just want to be clear if that if we need to give them direction not to have
people in the street, or those people need to be trained and approved.
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ATTORNEY WHELAN: That rule exists in the Town
Code. If the Planning Commission is interested, it could be referenced in the Conditions of Approval. We don’t
typically reference Town Code sections in the Conditions of Approval, but that could be done. And if I were to read this Condition of Approval as it is, I would read it that the monitors are to be directing people on private
property.
COMMISSIONER STUMP: Thank you.
VICE CHAIR BARNETT: Other questions?
Commissioner Burnett.
COMMISSIONER BURNETT: Thank you, I have a
question for Staff. One of the letters from the neighbor brought up an interesting recommendation for the Los Gatos Planning Staff/Town Engineer to fund a residential parking permit program. Is that something that could in the future be looked into, or is that something the Town would
consider?
ATTORNEY WHELAN: I believe Parks and Public
Works is currently working on a permit program. I would not recommend that the Town pay for the establishment of the program in a particular neighborhood.
COMMISSIONER BURNETT: Thank you.
VICE CHAIR BARNETT: Commissioner Stump.
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COMMISSIONER STUMP: Just a follow-up question on
that, again, probably in the same memo that Commissioner Burnett is referring to. There was a statement related to St. Mary’s. Do we have a special arrangement with St.
Mary’s for parking in that area based on their parking
situation?
JOCELYN SHOOPMAN: Thank you for that question. I
am not aware of the Town having a specific program for St.
Mary’s.
COMMISSIONER STUMP: I’ll go and try to find the
reference that was in the packet from one of the residents.
DIRECTOR PAULSON: Through the Chair, I believe
that there are permit parking requirements out there, which may or may not cover all of the services that St. Mary’s holds, but there is some form of permit parking in that area.
COMMISSIONER STUMP: I guess further my question
would be was there any special consideration given by the Town for that permit parking to be established in that
area?
DIRECTOR PAULSON: Not that we’re aware of,
because that was done quite some time ago.
COMMISSIONER STUMP: I understand. Thank you.
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VICE CHAIR BARNETT: I have a few, and then we’ll
see if other Commissioners have additional ones.
The first question is for the Town Attorney, and
the question is do the changes proposed in Exhibit 47,
Attachment A, as shown in the redline as well, are those proposed revisions a reflection of the opinion of Staff and the Town Attorney that they’re necessary for compliance with RLUIPA?
ATTORNEY WHELAN: The majority of them are
changes that were recommended after we reviewed
correspondence from all parties after I don’t think it was the last Planning Commission meeting, but it was the April 22nd Planning Commission meeting, and that’s why there were alternative Conditions of Approval presented at the May 13th meeting.
There is one condition that’s not related to
RLUIPA. It’s the condition that was mentioned by the
Applicant that says the worship services will end at a
prescribed time and other activities will end at a
different time. That was intended to address concerns that the reason for the request for the CUP modification is to allow for all of the required prayers, so the intent was to make it clear that the expanded hours are to accommodate the prayers, rather than other gatherings.
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VICE CHAIR BARNETT: As I went through the
redline, it seemed to track exactly the changes that were requested in the letter of May 20th from the mosque, and that’s why I thought that what we’re looking at is a
reaction to that letter.
ATTORNEY WHELAN: I would say the bulk of the
changes are in reaction to that letter, and then the change that I just described is a reaction to other input from the public.
VICE CHAIR BARNETT: Okay, thank you for that.
Second question, should the Planning Commission limit its consideration of other CUPs to those in the Town or the County, or those outside the County that have been referred to by a number of members of the public?
ATTORNEY WHELAN: With regard to RLUIPA, the
requirement is that the Town treat religious uses on equal terms with other public assembly uses and that the Town not discriminate between faiths, and so for purposes of the RLUIPA analysis, the Planning Commission is looking at
other uses within the Town of Los Gatos. But that said, input on how Conditional Use Permits are handled in other jurisdictions is also factual information that the Planning Commission can consider.
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VICE CHAIR BARNETT: Okay, thank you for that. My
third question, there have been a lot of numbers floating around, of course. Exhibit 42, which is the Town compliance chart, shows that the mosque does not now have a seating capacity in the CUP, and I looked at it and that’s correct.
But is there an occupancy limit applicable to the mosque under Town ordinances, not a policy, but an ordinance, or one that’s imposed by County Fire or the Fire Code?
ATTORNEY WHELAN: The Conditions of Approval
reference the maximum building occupancy that’s been
established by the Fire Department, and then independent of that there is a Town Code section that talks about required parking for various uses, and for religious uses the Town Code does provide one parking space for every four seats, and so it’s not exactly on point for a religious use that doesn’t have seating, but I do think it’s reasonable to interpret seats as bodies.
VICE CHAIR BARNETT: Okay, thank you. Those were
my questions. Are there any others? Commissioner Stump.
COMMISSIONER STUMP: This is just a follow-up. I
said I would take a look for where this statement about parking was in some of the addendum material that came.
This comes from an email from Kim Ratcliff today, and this is talking about conditions, and so they were “Recommending
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developing and funding a residential parking permit program for the Farley Road Neighborhood Coalition that can be
rolled out in phases.” Skipping down the page, “The
recommendation of the Farley Road Neighborhood Coalition is to utilize the same plan the Town of Los Gatos has on Tate Avenue and Bean for St. Mary’s Catholic Church,” and I
think the response is that we did not have any special
program or plan for St. Mary’s. Realize this was many years ago that this was established, but again, I guess Mr.
Paulson, you’ve confirmed that there’s no special
arrangement in place.
DIRECTOR PAULSON: I confirmed that we’re not
aware of one. I think it’s also a different scenario,
because of its proximity to downtown, so you have potential for employees and others to park in those residential
neighborhoods, so I imaging it was not strictly a St.
Mary’s issue.
COMMISSIONER STUMP: Thank you.
VICE CHAIR BARNETT: If there are no more
questions, we’re required by Rosenberg’s Rules of Order, which are applicable to the Planning Commission under the rules adopted by the Town Council, to have a motion before us prior to discussion.
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I’m going to exercise my authority as Chair to
make a motion, and I fully understand that there will be discussion about it, that there may be amendments proposed, or there may superseding motions, but we have to get
something on the table, so I’m going to do that right now.
My motion is to approve the application which is
before us in addition to the resolution in Exhibit 47, and to the modified conditions in Exhibit 37, Attachment A, with certain changes relating the RLUIPA findings.
First to change all references to night and day.
Secondly to add the following language: “The
conditions addressing serious vehicle and pedestrian safety risks in the neighborhood, and those crafted to mitigate material sound and light pollution adversely affecting the lives of certain neighbors do not require significant costs to the mosque, and are the least expensive means to address the compelling Town’s governmental interest in neighborhood preservation and protection as set forth in Land-Use
Element with the General Plan.”
Thirdly, these I’ll relate to the resolution and
not the conditions. At the end of the paragraph which ends, “single-family residence,” add that, “traffic and
pedestrian safety issues affecting the larger neighborhood, more particularly identified in paragraphs Roman numerals I
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through V as follows.” What we are doing there is just
melding in traffic and pedestrian safety issues.
The fourth change is in paragraph I… One second,
I have to see if this is in the resolution or in the
conditions. Yes, in the resolution on page 5, there are Roman numerals subparagraphs I through V, and in
subparagraph I, I would add Conditions 12 and 30; and in subparagraph II I would add Conditions 10 through 13, and 23, 25, and 27; and then in the conditions I have one
change. Condition 23, line 2, delete “parking attendants” for the reasons that we’ve discussed based on the code.
That’s my motion. I’m looking for a second, and
then we can move on with our discussion. Commissioner
Stump.
COMMISSIONER STUMP: Second.
VICE CHAIR BARNETT: Thank you very much.
Discussion. Question for Staff?
COMMISSIONER SORDI: I think you may have just
modified Condition 23, but could you repeat that last part? I want to make sure I understood the reference to Condition
23. VICE CHAIR BARNETT: Oh, yes, it was just to take
out the requirement for parking attendants in the public
ITEM NO. 8.
LOS GATOS PLANNING COMMISSION 5/21/2026
Item #1, 16769 Farley Road
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street, because the Town Code prohibits that unless
approved by the Parks and Public Works direction.
COMMISSIONER SORDI: I understand. Thanks.
VICE CHAIR BARNETT: Other discussions?
Commissioner Stump.
COMMISSIONER STUMP: Actually, is it okay if I
make another motion at this point?
VICE CHAIR BARNETT: You have that privilege.
COMMISSIONER STUMP: The 180 onsite parking
spaces provided by the mosque on Farley Road should be
noted in the CUP. It’s currently not referenced, so I move to note the number of onsite parking spaces by revising the first sentence of Condition 26, Parking Lot Expansion. The revision will read, “The Applicant shall provide at least 180 parking spaces.” The second sentence begins with, “An application proposing additional parking spaces shall be submitted,” and carries on to the remainder of the existing first sentence. That is my motion. It would be to amend your motion.
VICE CHAIR BARNETT: It’s not a superseding
motion; it’s an amendment to my motion.
COMMISSIONER STUMP: Thank you. I’m sorry about
that.
ITEM NO. 8.
LOS GATOS PLANNING COMMISSION 5/21/2026
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VICE CHAIR BARNETT: Very good. I’ll second that
motion. Is there discussion? Commissioner Burnett.
COMMISSIONER BURNETT: Would this be a good time
my (inaudible) decision on (inaudible)? It’s not a motion, it’s (inaudible).
VICE CHAIR BARNETT: We’re having discussion on
my motion as amended by Commissioner Stump, and you’re
welcome to discuss that.
ATTORNEY WHELAN: Or alternatively, if you have a
different motion. There can be up to three motions
presented at any one time.
COMMISSIONER BURNETT: Okay, I don't know if this
would go as a motion, but my motion is I cannot make the findings to modify the existing CUP application based on all the documents presented, testimonies, videos, as well as my own observations. The request is to have for 335 days a year a nightly religious observance time to 11:00
o’clock, as well as increasing the hours from 11:00pm to as late as 12:00 midnight, or 12:30am, for 30 days during
Ramadan. Both requests include a half an hour to vacate the parking lot.
The request, if approved, will directly impact
the physical and mental wellbeing of this small community.
The request for additional hours in itself is not a big
ITEM NO. 8.
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deal request overall, it’s the impact of adding additional time to vacate the onsite parking lot. Cars leaving later at night, which upsets sleeping patterns, as well as
attendees walking past homes on a dark street with no
sidewalks to offsite parking has to all be taken into
consideration.
But the big concern is we’re looking at 365 days
of late-night activity. There are different needs for
restorative sleep, which is essential for one’s wellbeing and longevity, documented in many studies published by the NIH, the CDC, as well as many others.
The direct impact on the extended hours for 13
families in the immediate as well as surrounding
neighborhood will have a deleterious effect. Sleeping
patterns of the working families, you have small children, you have new mothers, you have elderly, as well as those recovering from an illness with disability concerns will be strained. Each resident, be it a baby to an elderly
neighbor, have different needs when it comes to restorative sleep. There will not be one night during the year that this neighborhood can look forward to having what they have with the present CUP and the limited hours.
In closing, I might add, the land was purchased
in 2018 by the West Valley Muslim Association, which is a
ITEM NO. 8.
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wonderful organization, with full knowledge of the CUP, with the hours of operation not to exceed past 10:00pm. A religious request from the mosque in 2020 to expand the hours of operation for religious observance during the
month of Ramadan to 11:00pm resulted in the present CUP.
I might add, the description at that time in the
Planning Commission, from Kareem Sayed, the West Valley Muslim Association outreach director, was to extend the hours from 10:00pm to 11:00pm, expecting five to ten cars to leave prior to 11:00 o’clock, and the remainder of the year the operations would end at 10:00pm. This denial would not impact the 2020 CUP that the West Valley Muslim
Association has been following since March 2020, which is over six years.
This is based on all my readings, testimony, and
everything that has been brought forward by Staff, and that would be my comment.
VICE CHAIR BARNETT: Okay, thank you for that
input. Commissioner Stump.
COMMISSIONER STUMP: Actually, I’m sorry, Chair,
I’ve got a few more amendments to offer.
VICE CHAIR BARNETT: Actually, I have one too.
Let’s start with yours.
ITEM NO. 8.
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COMMISSIONER STUMP: Thanks. I’d like to start
with Condition 24, Drive Operations. In the last sentence it reads, “The Applicant is authorized to remove the Right Turn Only sign at the end of the egress driveway.” I
propose that we change that to, “The Applicant is required to remove the Right Turn Only sign and install a Left Turn Only sign.” That is Condition 24.
Condition 15, Lot Closure Rule. There was a
comment about people living onsite and guests, and the
parking requirements for them. I’m proposing that in
Condition 20, Noise Mitigation, at the end of the second of two a. subparagraphs, where it states, “or use by the
leaders’ quarters occupants,” “or their guests” would be added, and then we don’t have to worry about that being in Condition 15; it would be covered there.
Condition 18, Food Vendors, there was a
recommendation or suggestion to add at the end of the
sentence, “Food vendors associated with events shall be located at least 20 feet from the property line,” “abutting residents” shall be added. So, the terminology “abutting residents” would be added.
VICE CHAIR BARNETT: Is that the totality?
COMMISSIONER STUMP: That is all.
ITEM NO. 8.
LOS GATOS PLANNING COMMISSION 5/21/2026
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VICE CHAIR BARNETT: Okay, thank you. The Maker
of the Motion accepts those changes.
My additional change is on Condition 28,
Landscape Plantings, line 2 refers to perimeter fences. I think that should be “adjacent to residences,” which is the same language that is in line 4. So, we’ll need to have a second on that. Commissioner Stump.
COMMISSIONER STUMP: Second.
VICE CHAIR BARNETT: So, we have the motion I
made subject to the two presentations by Commissioner Stump with respect to changes that I have approved, and we also have my one on Condition 28. Is there discussion at this time on the modified motion? Seeing none, I’ll call the question and ask those in favor to raise their hand. And those opposed. Thank you very much. It passes 4-1.
And because this is a special meeting, there is
not further business before the Commission, and I’ll call the meeting adjoined.
SEAN MULLIN: Through the Chair, if I may recite
the appeal rights.
CHAIR BURCH: Oh, please. I’m sorry.
SEAN MULLIN: Thank you. The decision of the
Planning Commission can be appealed to the Town Council by any interested person as defined by Town Code Section
ITEM NO. 8.
LOS GATOS PLANNING COMMISSION 5/21/2026
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29.10.020 within ten days on forms available online with fees paid. The appeal is due by 1:00pm on the final day if it is a Friday.
VICE CHAIR BARNETT: Thank you for that.
Commissioner Stump.
COMMISSIONER STUMP: It may not be appropriate at
this point, but there were just a couple of comments that I wanted to, again, follow-up with why some of these
conditions are important, particularly two of them.
We have a Condition 7, Compliance Review, and
that annual review has been set for three years following approval, and it is a reasonable requirement based on the location of the mosque.
It’s uniquely located on a landlocked property in
a residential neighborhood sharing property lines on three sides of the property with 13 neighbors. This neighborhood lacks infrastructure, gutters, sidewalks, and uniform
street width to easily and safely support vehicle traffic and flow, especially during Ramadan. But due to their daily activity level at the mosque, the neighborhood is
experiencing six to ten times greater attendance and
vehicle traffic than previous residential institutions, and their average weekly attendance is 3,500 with an estimated 1,160 vehicles, and during Ramadan, this increases to nine
ITEM NO. 8.
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to 16 times greater with average weekly attendance of
5,000, including an estimate of 1,860 vehicles.
This level of activity makes this the highest
volume religious institution in Los Gatos on most days of the week and on a weekly basis, so an annual review over the first three years of this CUP will allow the Town
Applicant and the neighbors the opportunity to monitor and address concerns and impacts related to traffic, traffic flow, pedestrian safety, noise, light intrusion, and so on.
It is hoped that this extended review period will allow for reasonable adjustment and fine tuning that will be
beneficial for all concerned.
I do want to state Condition 12, General Hours,
section c, Maximum Capacity, and Condition 13, Seasonal Late Hours, section a, Maximum Capacity, maximum capacities for religious institutions have been routinely set in CUPs with few exceptions. These maximum capacities are typically based on parking spaces provided by the religious
institutions. Town Code Section 29.1.150 has set maximum capacity from paragraph 26, Churches, “One parking space for each four seats in each building will be used
separately or together with any other building for
worship.” The math is straightforward. One parking space equals four seats.
ITEM NO. 8.
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As a specific example, Venture Christian Church
has 703 parking spaces. Times four, their max capacity is 2,812. The application of the code for the mosque with 180 parking spaces times four is 720, so this is the same
methodology, the same Town Code, that is being followed.
Then, a couple of other quick points. During
Ramadan, obviously the maximum capacity is increased to 869, which is the maximum occupancy allowed by the Fire Department. How has this been done in the past? It follows the same methodology as congregation Shir Hadash. Their standard services have a maximum capacity of 250 within their parking requirements. In fact, their parking would allow them 300 and up to 450, which happens to be the
maximum occupancy allowed by the Fire Department for
special holiday services.
Setting including maximum capacities in CUPs
based on parking spaces for religious institution has been a common practice. Of the eight religious institutions’ CUPs reviewed by me, all eight had maximum capacities set, and five of the eight had parking spaces included in the CUPs. Those eight include Congregation Shir Hadash, St.
Mary’s Catholic Church, Los Gatos United Methodist Church, Faith Lutheran Church, St. Luke Episcopal, Calvary Church, Legacy Community Church, and Venture Church.
ITEM NO. 8.
LOS GATOS PLANNING COMMISSION 5/21/2026
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Again, one last point. This Town Code section
that I referred to, it has served the community well over the last 50-plus years. The code helps to ensure that
religious institutions contain activities to their
campuses, including enough parking to support their
congregants on the property. This helps to avoid the
inevitable parking impacts to area residents and businesses that arise when congregants seek off-campus parking.
Thank you for that time, Chair.
VICE CHAIR BARNETT: Thank you very much for
those thoughtful comments. Any further discussion? We have the appeal rights, so now I’ll adjourn the meeting. Thank you very much.
(END)
ITEM NO. 8.
PREPARED BY: Jocelyn Shoopman
Senior Planner
Reviewed by: Town Manager, Assistant Town Manager, Town Attorney, and Community Development Director
110 E. Main Street Los Gatos, CA 95030 ● (408) 354-6832 www.losgatosca.gov
TOWN OF LOS GATOS
COUNCIL AGENDA REPORT
MEETING DATE: 06/16/2026
ITEM NO: 19
DATE: June 11, 2026
TO: Mayor and Town Council
FROM: Chris Constantin, Town Manager
SUBJECT: Continue Consideration of an Appeal of the Planning Commission Decision to Approve a Request for Modification of 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. Conditional Use Permit Application U24-010. 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.
RECOMMENDATION: Continue this appeal hearing to a date certain of August 18, 2026.
FISCAL IMPACT:
There is no fiscal impact associated with this action.
STRATEGIC PRIORITY:
This item does not directly address a Strategic Priority.
DISCUSSION:
On May 21, 2026, the Planning Commission approved a request for modification of an existing Conditional Use Permit for expanded hours of operation in an institution for religious observance (West Valley Muslim Association).
ATTACHMENT 23
ITEM NO. 8.
PAGE 2 OF 2
SUBJECT: 16769 Farley Road/U-24-010
DATE: June 11, 2026
On June 1, 2026, the decision of the Planning Commission was appealed to the Town Council by two separate parties:
1. Razi Mohiuddin, West Valley Muslim Association; and
2. Farley Road Neighborhood Coalition.
Although the Planning Commission approved the Conditional Use Permit modification, the applicant and a neighborhood group each filed appeals seeking review of the Commission's decision, specifically the conditions of approval.
Pursuant to Town Code 29.20.280, an appeal shall be heard by the Town Council within 56 days after the date of the hearing at which the final decision by the Planning Commission was made.
The Council may continue from time to time any hearing held by it.
Both appellants have waived the 56-day deadline for hearing the appeal. Due to the time required to prepare the materials associated with the appeal and staff analysis, the matter could not be prepared for consideration at the June 16, 2026, Town Council meeting. Given the Town Council's summer recess during July and the appellants' availability, staff recommends continuing the appeal hearing to the August 18, 2026, Town Council meeting.
ENVIRONMENTAL ASSESSMENT:
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 increase in floor area and the project involves negligible expansion of use beyond existing conditions.
COORDINATION:
This report was coordinated with the offices of the Town Manager and Town Attorney.
ITEM NO. 8.
PREPARED BY: Jocelyn Shoopman
Senior Planner
110 E. Main Street Los Gatos, CA 95030 ● (408) 354-6832 www.losgatosca.gov
TOWN OF LOS GATOS
COUNCIL AGENDA REPORT
MEETING DATE: 06/16/2026
ITEM NO: 19
ADDENDUM
DATE: June 12, 2026
TO: Mayor and Town Council
FROM: Chris Constantin, Town Manager
SUBJECT: Continue Consideration of an Appeal of the Planning Commission Decision to Approve a Request for Modification of 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. Conditional Use Permit Application U24-010. 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:
Attachment 1 contains public comment received between 3:01 p.m., Thursday, June 11, 2026, and 3:00 p.m., Friday, June 12, 2026.
A public commenter noted that their public comment may not have been entered into the public record for the Planning Commission proceedings. The public comment was received and included in Exhibit 11 of the March 25, 2026, Planning Commission staff report packet.
Attachment received with this addendum:
1. Public comments received between 3:01 p.m., Thursday, June 11, 2026, and 3:00 p.m., Friday, June 12, 2026.
ATTACHMENT 24
ITEM NO. 8.
From: Linda S < >
Sent: Friday, June 12, 2026 9:59 AM
To: Council <[email protected]>
Cc: Clerk <[email protected]>; Gabrielle Whelan <[email protected]>; Planning <[email protected]>
Subject: Fwd: RLUIPA comments
Attached, please find an email from me that was sent to planning and the town attorney on March 1, 2026. This was prior to any of the Planning Commission hearings on this matter.
It has come to my attention that this may not have been entered into the public record for those proceedings. At the time, I was concerned (and still am) about the citywide implications of the outcome of the CUP modification hearings. I had come across some useful information in my research on the matter. I was hopeful that the town attorney, town staff, and Planning Commission would find this information to be helpful in understanding how to conduct hearings and make decisions in any potential RLUIPA challenge.
Regards,
Linda Swenberg
Begin forwarded message:
From: Linda S < >
Date: March 1, 2026 at 5:00:19 PM PST
To: Gabrielle Whelan <[email protected]>, [email protected] Cc: [email protected]
Subject: RLUIPA comments
Dear Ms. Whelan and Ms. Shoopman,
I understand that Los Gatos might be facing a RLUIPA challenge by WVMA on Farley Road in a residential neighborhood.
Although I don’t live in the immediate neighborhood, I do live in a similar area. I don’t want the protections I enjoy as a resident to be compromised if a new precedent is set on Farley Road. If the CUP modification is allowed (and violations of the current CUP go unchecked), this would allow some organizations to operate under different conditions than others. I live very close to a quiet church property (on Old Blossom Hill Road) that currently has minimal impact on our neighborhood. The current church complies with the Town’s noise ordinance, but hypothetically, that could change, especially if this CUP modification request is granted.
The request from the organization on Farley Road worries me because they seem to be asking for disparate treatment with respect to other religious and secular organizations located in ATTACHMENT 1 Page 1969
ITEM NO. 8.
residential neighborhoods. I don’t believe RLUIPA mandates disparate treatment; rather, it protects against it.
The proceedings of CUP modification requests by other institutions in residential neighborhoods, such as Hillbrook School and Faith Lutheran serve as good background to establish equal treatment.
I found some excellent advice for municipalities on these matters while researching this topic, which I hope you will review in preparation for the upcoming Planning Commission hearing. I’ve attached a pdf below to the document that you can find at https://www.rluipa-defense.com/wp-content/uploads/sites/30/2017/02/Avoiding-andDefending-Against-RLUIPA-Claims-w-002-9215.pdf The 9th Circuit has found that towns have a compelling interest when they have legitimate zoning concerns, including preservation of the quiet residential character of the neighborhood and addressing traffic/noise/disturbance issues from residents. (Pentecostal Church of God v.
Douglas County (U.S. District Court for the District of Nevada, Case No. 3:16-cv-00400, with appeal to the 9th Circuit in 2020) https://caselaw.findlaw.com/court/us-9thcircuit/2042793.html) I genuinely hope the Town of Los Gatos continues to uphold the integrity of the CUP process you’ve established. Please maintain the tranquility of residential neighborhoods and take into consideration residents’ concerns about traffic and noise.
Regards,
Linda Swenberg
ITEM NO. 8.
From: Gus Who
To: Clerk
Cc: Council
Subject: Public Comment Item #19 for 6/18/26 Town Hall meeting Date: Friday, June 12, 2026 10:46:17 AM
Attachments: IMG_6684.png
IMG_6685.png
[EXTERNAL SENDER]
To Whom It May Concern
On the night of May 21, 2026, the Planning Commission finally approved a request for modification of an existing Conditional Use Permit for expanded hours of operation in an institution for religious observance (West Valley Muslim Association). This process took a lot of TIME.
On May 22, 2026, (Friday) a Member of the Public had emailed twice and went down to the Clerks Office to FILE an Appeal to this Subject Matter. The Clerks office would not accept this Appeal, even when explained of the circumstances in which violates the First Amendment of the Constitution.
“Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.”
On Monday May 26, 2026 this same ‘Member of the Public’ attended a TOWN OF LOS GATOS COUNCIL POLICY COMMITTEE MEETING, and spoke to the Mayor and committee stating this “Appeal” and hand delivered the form of appeal to the Town Attorney.
The Clerks office and Town Attorney did not respond until about a week after the facts by emails … giving reasons why .. and the email that the attorney said, stated an appeal has been filed.
Last night about 11pm, due to the late posts of Town Council Meetings agendas, in which there were over 1,000 pages, and the public has the minimum amount of time to try and review (24 business day hours or 3 days.. on average though 23 and 1/2 hours, given this is typically posted at 7:30 pm on Thursday.) over 1,000 pages .. and found on pages 840 and 841 in the “AGENA PACKAGE” these 2 pages
ITEM NO. 8.
ITEM NO. 8.
For the Record… I have not waved my rights to Appeal as an unlisted Appellant or waive my 56 day time period. This is a schedule meeting on this subject mater and it should be heard as such.
I do not represent either 2 of these listed parties …
1. Razi Mohiuddin, West Valley Muslim Association; and
2. Farley Road Neighborhood Coalition.
I would request, that we place actually names on the record, as I come as an individual representing a much larger and broader belief as a religious person first, and under my 1st Amendment Rights as a citizen of this country.
ITEM NO. 8.
As all parties should be informed of basic information such as how many members is WVMA and Farley Rd Coalition? Just in case this has to be heard in a Class Action Lawsuit in Federal Court, if the Town Council does not take up this Appeal.
Respectfully Submitted,
Gus Who
©®
ALL RIGHTS RESERVED
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ATTACHMENT 26
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From: Farley Road Neighborhood Coalition < >
Sent: Thursday, June 18, 2026 9:35 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: Petition of Appeal – CUP U-24-010 (16769 Farley Road) Dear Members of the Town Council,
The Farley Road Neighborhood Coalition (FRNC) respectfully submits this formal appeal regarding the recently approved Conditional Use Permit (CUP U-24-010) conditions for the West Valley Muslim Association (WVMA) facility, 16769 Farley Road, Los Gatos, CA.
Our coalition submits this main appeal letter to request a comprehensive revision of these conditional terms and to pause adoption of the CUP until 3rd party studies producing statistically meaningful and objective data is available, to ensure objectivity, municipal compliance, long-term community harmony and fostering health equity and mental well-being for the residents.
1. The Asks from the Neighborhood
To resolve core technical, zoning, and safety gaps, the neighborhood coalition presents four definitive, legally protective demands to the Town Council:
• Reinstate the 2020 CUP Baseline Hours: Maintain the established, functional 2020 CUP baseline hours (10:00 PM standard cutoff, extended to 11:00 PM strictly for the month of Ramadan) and reject any un-capped "sunrise" clauses or late-night extensions. Under LGMC § 29.20.190, the applicant fails to meet the mandatory findings required to prove the expansion is "essential" or that it will not harm public health. Furthermore, according to the Town’s own institutional database, no other landlocked facility with strictly "Residential" street access is permitted to operate past 10:00 PM.
• Order an Independent, Data-Driven Peak Traffic & Sound Study: Freeze any final decision on the application until the Town conducts a comprehensive, independent traffic, circulation, and acoustic study during maximum-attendance peak windows. While we acknowledge Commissioner Stump’s excellent, detailed analysis modeling the five daily prayers and Ramadan, that model is incomplete because it excludes the limitless additional religious activities, educational programs, and community events now permitted under the new conditions. FRNC notes that both our coalition and WVMA agree on a critical underlying fact: the current record lacks objective, empirical data regarding the site's true, expanded operational impacts. This immense traffic volume creates severe environmental and public health strains on the immediate neighborhood.
ATTACHMENT 27 Page 2002
ITEM NO. 8.
• Require a Comprehensive Environmental Impact Report (EIR): Freeze any final decision until a full environmental review is conducted. By approving commercial-scale transportation modifications, including shuttle operations and off-site parking arrangements, without substantial empirical evidence or preparation of an EIR, the Town effectively bypasses the environmental review requirements mandated by the California Environmental Quality Act (CEQA) (Cal. Pub. Res. Code § 21000 et seq.). The applicant's reliance on external transportation infrastructure is objective evidence that the intensity of the proposed use exceeds the physical capacity of the site and is dependent upon off-site resources to function. Moreover, the record contains uncontroverted testimony regarding the adverse public health impacts associated with expanded late-night operations.
Commissioner Burnett, drawing upon her professional expertise as both a nurse and environmental consultant, expressly identified the foreseeable and significant effects that year-round late-night activity would impose on neighboring residents. She noted that restorative sleep is a medically recognized necessity supported by guidance from the National Institutes of Health (NIH), the Centers for Disease Control and Prevention (CDC), and other authoritative sources, and warned that continuous late-night operations would negatively affect working families, young children, new mothers, elderly residents, individuals recovering from illness, and those with disabilities. "But the big concern is we're looking at 365 days of late night activity. If there are different needs for restorative sleep, which is essential for one's well-being and longevity, documented in many studies published by the NIH, as the CDC, as well as many others. The direct impact on the extended hours for 13 families in the immediate as well as surrounding neighborhood will have a deleterious effect. The sleeping patterns of the working families... small children... new mothers... elderly as well as those recovering from an illness with disability concerns will be strained. Each resident, be it a baby to an elderly neighbor, have different needs when it comes to restorative sleep. There will not be one night during the year that this neighborhood can look forward to have what they have with the present CUP and the limited hours." Because both parties explicitly state that objective evidence is required to assess the full scope of operations, FRNC formally requests that the Town conduct an independent, empirical impact study during peak-use timeframes. Rather than relying on narrow or incomplete calendar windows, this study must evaluate the comprehensive operational parameters of the facility.
Specifically, real-world data collection must be conducted during maximum-attendance periods, including Friday congregational prayers, the month of Ramadan, and the additional newly permitted activities now included in the expanded operational calendar. Gathering actual traffic, parking, and acoustic metrics during these peak intervals will provide the objective facts necessary to validate, monitor, and enforce these conditions effectively. • Incorporate Objective Code Compliance Baselines: Implement a self-executing, zerotolerance penalty matrix directly into the text of the CUP. If Town Code Compliance validates three (3) distinct operational violations (such as curfew breaches Baseline: Municipal Code Section 18.030.055, noise ordinance violations Noise Ordinance of the Town of Los Gatos and the General Plan Noise Element, or unpermitted commercial vendors Zoning
ITEM NO. 8.
Regulations (Chapter 29) ) within any rolling 12-month window, the expanded privileges shall automatically revoke by operation of law, immediately reverting the facility to the standard 10:00 PM cutoff. This insulates the Town from future litigation by removing human administrative discretion from the enforcement process.
2. Justification: Violations of Local, State, and Federal Regulations The approved operational framework creates direct, irreconcilable conflicts with the Los Gatos General Plan, local zoning codes, and standard land-use frameworks. By granting an unprecedented daily extension—a 5 to 6.5 hour daily increase in operational intensity over the 2020 baseline—the current resolution forces high-volume commercial transit logistics directly into sensitive residential sleep windows, disrupting late-night rest after 10:00 PM and earlymorning sleep between 4:00 AM and 8:00 AM.
While extensive technical, zoning, and procedural arguments are fully detailed in our attached Appendix A (Full Document of Violations), we highlight our primary areas of concern and proposed Conditions of Approval below:
• Building and Parking Lot Capacity Caps (Fire Safety): On-site occupancy is strictly limited to the maximum building capacity or available on-site parking stalls, whichever is lower.
Structural occupancy must be formally established by the Santa Clara County Fire Department based specifically on an active prayer layout rather than standard fixed seating. (Los Gatos Zoning Regulations (Chapter 29) )
• Absolute Vacate Time Limits (Sleep Protection): Operating hours enforce strict, absolute boundaries. All members, guests, and vehicles must completely exit the structures, real property, and parking lot by the designated cutoff times. No post-occupancy egress buffers or operational variances are permitted. Municipal Code Sec. 16.20.010 • Secular and Commercial Activities: Use of the facility is restricted exclusively to low-impact religious worship and instruction. Commercial or secular programs—including, but not limited to, fee-based summer camps, movie nights, sports leagues, and social mixers—are strictly prohibited under LGMC § 29.20.200 and California Government Code § 65852. • Prohibition of Amplified Sound: Outdoor amplification, loudspeakers, and PA systems are completely prohibited under LGMC § 29.20.190. All sound-producing activities must occur indoors and utilize professional acoustic soundproofing so audio emissions do not exceed legal residential decibel limits at the property line. (Ord. No. 1852, § II(11.20.010), 5-20- 91) (Sec. 16.20.015), (Sec. 16.20.040. - Amplified sound.) • Light Pollution Mitigations: In accordance with LGMC § 29.40.380, all exterior lighting must be fully downward-directed, shielded, and integrated with an automated timer. All parking lots and non-essential exterior illumination must undergo a complete shutdown exactly one hour after the designated vacate cutoff.
• Traffic Infrastructure: All parking, vehicle loading, and traffic generation must remain entirely self-contained within the physical on-site parcel boundaries under LGMC §
29.20.150. Off-site parking contracts, shuttle bus transit loops, valet services, and private street-traffic monitors are strictly prohibited.
ITEM NO. 8.
3. Support for Approved Conditions and Institutional Precedents While WVMA seeks to remove or revise protective conditions identified in the resolution, we strongly maintain that these conditions are necessary, fair, and legally sound. To support the conditions the Town has approved, we have compiled the Los Gatos Institutional Precedent Compatibility Matrix, attached as Appendix B. This matrix justifies each challenged condition by cross-referencing it against applicable Los Gatos Town Code (LGMC), compelling governmental interest, least restrictive means applied, and equal terms:
• Applicable Los Gatos Town Code (LGMC)
• Compelling Governmental Interest
• Least Restrictive Means Applied
• Equivalent Los Gatos CUP Precedent / Rule (Equal Terms) Furthermore, our position is verified by the Town's own official institutional data (attached as Appendix C), which highlights two definitive planning precedents:
• The Residential Access Precedent: Under California Government Code Section 65852, the town is bound by statutory uniformity requirements to apply its zoning rules consistently.
For every single comparable facility where the Streets to Site access is designated strictly as "Residential," no facility is permitted to open or operate past a 10:00 PM curfew or earlier than 8:00 AM. Holding this specific facility to standard R-1 constraints for its secular business operations is required to maintain zoning uniformity. If any other religious or secular institution zoned R-1-8 had sought a similar modification of use with similar impacts to the neighborhood, the zoning regulations would be applied similarly. • The Commercial Corridor Contrast: High-capacity operations are only permitted extended hours because their access thoroughfares are built on major commercial arterial roadways specifically engineered to absorb high density and traffic volume. In contrast, forcing commercial-scale logistics, commercial shuttle operations, and off-site parking dependencies onto a landlocked, strictly residential street creates severe localized safety hazards, violates neighborhood R-1 zoning constraints, and undermines quiet residential enjoyment.
Conclusion
The neighborhood coalition is committed to fostering a transparent, fair, and collaborative process that serves the entire community. We look forward to working with Town staff and leadership to resolve these matters equitably.
Respectfully submitted,
Farley Road Neighborhood Coalition
ITEM NO. 8.
Violation of Federal and Local Regulations (Appendix A) I. Abuse of Discretion: Inconsistency with the 2020 and 2040 General Plans and Town Code The Planning Commission erred and abused its discretion by failing to accurately apply LGMC §
29.20.190. This code mandates that any approved Conditional Use Permit must be "in harmony with the various elements or objectives of the General Plan and the purposes of the Town Code." A. Violations of the 2020 and 2040 General Plans
The Modified Conditions of Approval directly contradict several core General Plan policies:
● Policy LU-1 (Neighborhood Preservation): Fails to maintain neighborhood quality by introducing excessive traffic and disruptions that unbalance the existing residential density. The staff guidance reads more like a promise of future conditions than the actual analysis or findings on whether the new pre-sunrise and late-night hours maintain neighborhood character and quality. ● Goal LU-1 & Policy LU-6.1 (Shielding Residential Areas): Fails to protect the town's small-town character and shield residential areas from the harmful impacts of nonresidential development.
The finding was deficient because there was no real analysis of the added intensity. ● Policy LU-6.2 & LU-6.4: Authorizes intensive nonresidential activities that alter the neighborhood's residential character and threaten public safety.
● Goal ENV-18 (Protecting noise-sensitive land use): Failed to protect people from detrimental noise exposure and failed to maintain quiet, which is an essential element of the intended purpose of residential neighborhoods. Failed to pay particular attention to protecting noise-sensitive land use.
● Policy MOB-10.1 Traffic: Did not analyze or identify traffic intensification pursuant to the Town’s Traffic Impact Policy, which explicitly applies to intensification of existing uses. ● Goal MOB-13 and Policies MOB-13.1 and 13.7: Did not ensure that adequate parking would be provided and did not minimize the impacts on surrounding residential neighborhoods.
B. Violation of R-1 Zone Intent (LGMC § 29.40.380)
The expanded operational footprint directly contravenes LGMC § 29.40.380, which states that the explicit intent of the R-1 zone is to:
"...create the best possible location and development standards for single-family dwellings, assure adequate light, air, privacy and open space for each dwelling, minimize traffic and parking congestion, and reduce hazards from encroachment of industry and commercial activity."
C. Unauthorized Substantial Intensification of Use (LGMC § 29.20.200) To understand the severe environmental and operational impacts this modification imposes on the R1-8 single-family residential zone, a side-by-side analysis must be performed:
● The Existing 2020 CUP Binding Language: "Maximum hours of operation shall not extend past 10:00 p.m., except for 30 days during religious services for the month of Ramadan, which shall not extend past 11:00 p.m."
ITEM NO. 8.
Violation of Federal and Local Regulations (Appendix A) ● The Requested Modification Language: "Maximum hours of operation shall not begin prior to
1.5 hours before sunrise, or extend past 10:30 p.m., except for 30 days during Ramadan until 11:30 p.m. (when sunset is prior to 7:30 p.m.) or until 12:00 a.m. (when sunset is after 7:30 p.m.)."
Comparative Impact Matrix
Time Period Existing 2020 CUP
Baseline
Requested Modification Vacate Hours Hourly
Operational
Increase
Early Morning
(Year-Round)
No Operations Authorized
(Default 8:00 AM standard)
1.5 Hours Before
Sunrise (As early as
4:15 AM)
~4 Hours daily
Standard
Nights (11
Months)
10:00 PM 10:30 PM 11:00 PM +1 Hour daily
Ramadan
Nights (30
Days)
11:00 PM 12:00 AM Midnight
(Sunset past 7:30 PM)
12:30 AM +1.5 Hour
daily
This request represents a substantial daily extension—adding up to 5 hours of unmitigated operations on a year-round basis, and up to 6.5 hours during the month of Ramadan—permanently dismantling the neighborhood's established zoning protections:
● Under LGMC § 29.20.200, any change that introduces a substantial departure from approved plans or creates a material adverse impact on the surrounding neighborhood requires formal denial if it cannot be mitigated. Pushing active vehicle arrivals, parking lot foot traffic, door slams, and running engines directly into a 4:00 AM to 8:00 AM early-morning window represents a severe, unmitigable environmental impact on residential sleep cycles. ● Because the 2020 CUP does not authorize early-morning operational hours, the applicant currently possesses zero legal rights to conduct assembly during these times. Forcing a massive 5 to 6.5 hour daily increase in daily operational intensity directly into a landlocked single-family neighborhood constitutes a direct encroachment under LGMC § 29.40.380, creating an indefensible neighborhood public nuisance.
● In an R1-8 single-family residential zone, institutional assembly is restricted to explicit conditional terms under the Los Gatos Zone Use Table Matrix (LGMC Chapter 29). A Conditional Use Permit (CUP) is the only legal mechanism that carves out a narrow, textually restricted exception to that default residential baseline. If an active CUP completely omits authorized operational hours for a specific timeframe (such as early mornings), the institution does not receive an open-ended pass to operate. Legally, the absence of written hours means the authority to operate outside standard residential expectations has not been granted.
In Los Gatos planning history, town planners utilize standard institutional defaults—specifically 8:00 AM to 8:00 PM, or a maximum cap of 10:00 PM for community facilities—as the foundational baseline during development reviews. If an applicant intends to operate during highly sensitive overnight hours like 4:00 AM, they bear the full administrative burden of explicitly requesting those hours and proving they cause zero neighborhood harm. Under LGMC § 29.20.200, an unmitigated 5 to 6.5 hour daily operational
ITEM NO. 8.
Violation of Federal and Local Regulations (Appendix A) expansion that forces commercial-scale transit logistics directly into residential sleep windows constitutes a public nuisance and must be denied by the Town Council.
II. Procedural Failure: Absence of Traffic and Environmental Studies The Planning Commission approved the modification without requiring an Environmental Impact Report (EIR) or data-driven traffic studies. This omission directly violates LGMC § 29.20.150 (Conditional Use Modification considerations in review of applications), which requires strict administrative review of traffic safety, vehicle maneuvering, entrance/exit layouts, and parking space adequacy before a permit can be modified.
Specific Violations of LGMC § 29.20.150
● Commercial Vehicle Staging: The Commission failed to analyze the location, arrangement, and dimensions of "truck loading and unloading facilities" by allowing a commercial food vendor to set up directly against residential property lines without empirical safety data. ● Pedestrian and Circulation Hazards: The site layout forces pedestrian attendees to walk along narrow driveways separated from vehicles only by caution tape. No circulation study was required to evaluate the safety risks to local children and cyclists on Farley Road—a narrow road with dark pockets and no sidewalks.
III. Failure to Address Prior Violations: Unapproved Expansion Bars Approval of the New 2026 Request
The Planning Commission erred by ignoring the fact that the applicant has actively operated in violation of its existing 2020 CUP conditions since 2021. Under LGMC § 29.20.200, a facility is strictly prohibited from altering or expanding its operations unless the Town formally approves a modification first. An applicant who is actively violating their current permit should not be rewarded with an expanded 2026 permit. The unapproved, ongoing expansions include:
A. Defying the Established 10:00 PM Curfew
The 2020 CUP explicitly mandated that standard daily operations must cease by 10:00 PM, with a minor exception until 11:00 PM restricted solely to the month of Ramadan. Since 2023, the facility has routinely operated past 11:00 PM during standard months and past midnight during Ramadan. This unauthorized expansion resulted in an official Town Code violation notice on July 5, 2024, which the applicant chose to ignore.
B. Launching Unpermitted Commercial and Secular Operations Under the 2020 agreement, the property was approved strictly as a neighborhood house of worship for targeted religious observations. The applicant has since flagrantly violated LGMC § 29.20.200 by bypassing formal town approval channels and launching an array of non-permitted commercial and secular programs that far exceed any religious mandate:
● Operation as a High-Intensity Community Center and Business: The applicant has systematically expanded its operational footprint into a multi-use secular center, hosting all-day summer camps
ITEM NO. 8.
Violation of Federal and Local Regulations (Appendix A) that charge commercial fees, neighborhood movie nights, basketball programs, women's circle meetups, and frequent social coffee chats.
● Beyond the Scope of Religious Protection: Because these activities—from fee-based summer camps to recreational sports and social mixers—are entirely secular and commercial in nature, they fall outside the boundaries of core religious exercise. This operational shift transforms a quiet neighborhood house of worship into a high-intensity, regional community business hub operating inside a low-density R1-8 zone.
Under LGMC § 29.10.015, the town is mandated to apply its zoning regulations uniformly. If a secular country club, private lodge, or commercial civic group attempted to run daily social chats, fee-based sports programs, and public movie nights that flooded an unimproved residential street with commuter traffic, the Town would deny their permit instantly. Holding this specific facility to standard R-1 constraints for its secular business operations is required to maintain zoning uniformity. Forcing these commercialized social logistics onto a landlocked street—without a mandatory traffic or acoustic study—creates an unmitigable public nuisance that bars approval of the 2026 modification. If any other religious or secular institution zoned R1-8 had sought a similar modification of use with similar impacts to the neighborhood, the zoning regulations would be applied similarly.
C. Creating Excessive Traffic Gridlock
The 2020 CUP was approved based on the commitment that the facility would not impair the residential corridor. Instead, the applicant's unapproved intensifications have flooded the area with 3,000 to 4,000 vehicle trips per day on narrow, unstriped streets, trapping residents in driveways and blocking emergency vehicle access on Farley Road.
D. Five-Year Timeline of Escalating Neighborhood Impacts 2021–2022: Initial noise and lighting concerns.
2024: Emergence of late-night activity patterns and unpermitted construction. 2025–2026: Escalation to life-safety hazards, including fire hydrant and driveway obstructions.
E. Summary of Validated Operational Challenges (2021–2026) Evening Transitions: 13 incidents of activity past approved hours show a need for a more structured "closing protocol" for the facility.
Site Safety: 8 incidents of blocked fire hydrants and driveways demonstrate that the current parking management plan requires physical barriers to ensure public safety.
Facility Maintenance: 9 incidents of unpermitted or off-hours construction suggest a need for a pre-approved annual maintenance calendar.
F. Eliminate the Enforcement Gap
The neighborhood has historically faced an engineering and enforcement gap where more than 30 clearly documented violations of the existing code and permit terms resulted in no formal citations or fines from Town staff. Moving forward, non-discretionary penalties must be written into the permit conditions to
ITEM NO. 8.
Violation of Federal and Local Regulations (Appendix A) ensure strict compliance. The Town Council must deny this 2026 modification application until the applicant brings its current operations into absolute compliance with the existing 2020 limits.
IV. Detrimental Impacts to Public Health, Safety, and Welfare: Failure to Meet Mandatory Findings (LGMC § 29.20.190)
Under LGMC § 29.20.190 (Findings and Decision), the Town Council cannot grant a permit modification out of goodwill or institutional convenience. The applicant bears the absolute administrative burden of proving that their proposed expansion is "essential or desirable to the public convenience or welfare" and "will not be detrimental to public health, safety, or general welfare." This appeal establishes that the requested 5 to 6.5 hour daily operational expansion explicitly fails these mandatory municipal findings in the following ways:
A. Failure to Prove the Expansion is "Essential" or "Desirable" to Public Convenience The legal baseline for what is truly "essential" to this property's use was already thoroughly vetted and established during the 2020 CUP process. At that time, the applicant actively negotiated and agreed to their operational hours. Nothing has changed regarding the tenets, requirements, or calendar of their faith since 2020. The applicant has successfully operated under those established hours for six years, proving that the existing limits are entirely sufficient to accommodate their religious practices. The applicant fails to provide any new justification as to why the hours established six years ago are suddenly no longer sufficient, or why an expansion into midnight hours is now suddenly "essential" to the Town.
Furthermore, the historical and administrative record proves that this late-night expansion is completely non-essential to the facility's baseline operations. As Commissioner Susan Burnett noted during deliberations, the West Valley Muslim Association purchased the property in 2018 with full, explicit knowledge of the existing CUP restrictions, which strictly mandated that hours of operation could not exceed 10:00 p.m. When the applicant subsequently requested a modification in 2020 to accommodate religious observations during the month of Ramadan, the Town accommodated them by extending the cutoff to 11:00 p.m.
At that time, the WVMA’s own Community Outreach Director, Kareem Syed, explicitly testified to the Planning Commission that they only expected 5 to 10 cars to leave the facility prior to 11:00 p.m., and promised that for the remainder of the year, operations would strictly end at 10:00 p.m. A denial of this new 2026 modification would not impact the 2020 CUP, under which the WVMA has successfully operated for over six years.
Therefore, the WVMA's claim that modifying these hours merely accommodates standard calendar schedules without impacting daily life is structurally faulty and legally unsupported. Virtually all of the requested additional traffic, headlights, and noise occur outside of traditional business hours on a year-round basis, spiking critically during the month of Ramadan. By pushing intensive vehicular activity into the early morning and midnight hours, this modification directly disrupts the quiet enjoyment, safety, and general welfare of the surrounding residential neighborhood. Because the expansion actively causes public inconvenience and harms residential welfare, it fails the core requirements of LGMC § 29.20.190 and must be denied.
B. Severe Detriment to Public Health, Safety, and General Welfare
ITEM NO. 8.
Violation of Federal and Local Regulations (Appendix A) The actual operational footprint approved by the Planning Commission has since illogically expanded even further, completely disregarding the public welfare of the surrounding neighborhood. The approved CUP includes a hidden extension allowing an additional 30-minute egress window for vehicles to exit the parking lot. Consequently, a "midnight" closure effectively becomes a 12:30 a.m. operational disruption.
Shifting intensive vehicular activity into the ultra-late-night hours fundamentally erodes the quiet enjoyment mandated by the residential zone, rendering the modification a direct threat to public welfare and an escalation of public inconvenience.
As Planning Commissioner Susan Burnett emphasized during deliberations, the primary concern is that the approved modification subjects the community to 365 days of late-night activity. This permanent extension triggers a direct, detrimental impact on the neighborhood's ability to achieve restorative sleep.
Restorative sleep is mathematically and biologically essential for human health, well-being, and longevity, as extensively documented in numerous peer-reviewed studies published by the National Institutes of Health (NIH) and the Centers for Disease Control and Prevention (CDC).
By shifting intense vehicular activity, headlights, and pedestrian dispersal into the late-night and early-morning hours, this modification will have a deleterious effect on local working families, small children, new mothers, the elderly, and those recovering from illness or managing severe disabilities.
Each resident has distinct needs for undisturbed sleep. Under the approved CUP, there will not be a single night during the entire calendar year that this neighborhood can look forward to the baseline peace and quiet enjoyment they are entitled to under a standard R-1 residential zone.
This serious safety and health hazard is heavily exacerbated by the physical layout of the street. Unlike other institutions located on fully improved collector streets, Farley Road is a narrow, semi-rural residential road that entirely lacks sidewalks, centerline striping, and adequate street lighting. Forcing dozens of vehicles to navigate this unlit, sidewalk-deficient corridor during early-morning Fajr and late-night prayers creates an active hazard for any pedestrians, children, or cyclists sharing the narrow roadway.
The Town Code does not exempt the applicant from protecting neighborhood safety, nor does it allow the Planning Commission to sanction an arbitrary arrangement that concentrates a massive, 4,000-weekly-vehicle regional commuter burden onto a single, unimproved residential street. The Town Council should require a rigorous, independent analysis of the collective traffic, light, and public health impacts on the families of Farley Road. Without that comprehensive safety analysis, the decision to approve this modification is arbitrary, capricious, and a direct violation of the public welfare mandates of LGMC § 29.20.190.
C. Failure of Finding "Will not impair the integrity and character of the zone" Forcing intensive transit infrastructure—including off-site parking contracts, shuttle bus loops, and private traffic controls—directly onto a landlocked, narrow single-family residential street fundamentally breaks the low-density, quiet character that the R-1 zone is legally designed to protect.
D. Failure of Finding "In harmony with the elements of the General Plan and purposes of this chapter" The massive expansion directly conflicts with the town's primary land-use mandates, including Policy LU-1(Neighborhood Preservation) and Policy LU-6.1 (Shielding residential areas from the harmful impacts of nonresidential development).
ITEM NO. 8.
Violation of Federal and Local Regulations (Appendix A) V. The Infrastructure Deficit: Legal Proof the Facility Has Outgrown the Space The applicant's exploration of a traffic management plan—including potential off-site parking at the nearby Affordable Treasure, shuttle operations, and traffic monitors—indicates that the facility's operational demands are stretching beyond its current physical lot boundaries.
A. The Incompatibility Argument Under LGMC § 29.20.150
Under LGMC § 29.20.150, the Town is required to systematically review the "adequacy of off-street parking facilities to prevent traffic congestion." In municipal planning law, a property is expected to contain its operational impacts and parking demands entirely within its own parcel lines.
The instant an assembly facility requires an engineered web of off-site commercial parking contracts, private shuttle systems, and security guards just to manage its daily peak volumes, it has formally outgrown its space. This is a high-density, commercial-scale regional footprint attempting to operate on an unimproved R-1 lot. Because the physical site cannot supply the required infrastructure to safely support this 5 to 6.5 hour daily expansion, the Town Council is legally obligated to deny the modification under LGMC § 29.20.190.
VI. A Zoning Precedent, Not a Religious Issue: Mandatory Uniformity A. Non-Discrimination and Uniformity Mandate Under State Statutory Frameworks This appeal is guided strictly by objective, neutral land-use impacts, independent of the institutional status of the applicant. Under the statutory uniformity mandates of California Government Code Section 65852, the town is legally required to apply its zoning rules uniformly across each land-use district. Identical environmental damage—including shifting intensive transit logistics, blinding late-night vehicle headlights, and early-morning parking lot noise—must be held to the same restrictive standards regardless of whether it is generated by a secular civic auditorium or a house of worship.
A close audit of the town's official institutional data, attached as Appendix C, establishes two critical precedents that require a denial of this modification to preserve mandatory zoning uniformity:
● The "Residential" Access Precedent: Look closely at how the Town restricts other large assemblies on residential streets to protect neighborhood sleep windows. For every comparable facility on the municipal matrix where the Streets to Site access is designated strictly as "Residential," no facility is permitted to open or operate past a 10:00 PM curfew. Granting this specific site a midnight window that bleeds until 12:30 AM completely abandons zoning uniformity.
● The Commercial Arterial Contrast: High-capacity operations like Calvary Church of Los Gatos are only permitted extended hours because their Streets to Site access is designated as "Residential/Commercial." They are built on major commercial arterial thoroughfares specifically engineered to absorb high density and traffic volume.
B. Incompatible Infrastructure Under LGMC § 29.20.185
Comparable regional facilities are located on large, gated arterial thoroughfares, not landlocked, unimproved R-1 single-family streets. To accommodate its regional growth, the applicant is currently in escrow to purchase a facility in Cupertino properly zoned for high-density assembly.
ITEM NO. 8.
Violation of Federal and Local Regulations (Appendix A) Under LGMC § 29.20.185, a Conditional Use Permit (CUP) is not an open-ended mechanism to authorize any activity. The Planning Commission exceeded its legal authority by approving commercial-scale transit conditions—such as permanent off-site parking contracts, shuttle bus transit hubs, and private security traffic redirection. These high-intensity operational activities are strictly prohibited in an R-1 single-family zone and belong exclusively in commercial (C-1/C-2) districts.
Furthermore, the utilization of private personnel to conduct traffic redirection or active traffic control on public municipal roadways is legally impermissible. Under California Vehicle Code Section 21100, the regulation and control of traffic on public town streets is an exclusive government police power. The Town Council cannot delegate public roadway enforcement or right-of-way management to private security or third-party monitors hired by a project applicant. Forcing an R-1 neighborhood to rely on unauthorized, private traffic monitors on public streets is an explicit admission of an unmitigated safety hazard.
ITEM NO. 8.
WVMA Comparison Chart (Appendix C)
ITEM NO. 8.
ITEM NO. 8.
ITEM NO. 8.
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RESOLUTION 2026-
RESOLUTION OF THE TOWN COUNCIL OF THE TOWN
OF LOS GATOS DENYING APPEALS OF THE DECISION OF THE PLANNING COMMISSION TO APPROVE 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 AND UPHOLDING THE APPROVAL.
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.
ATTACHMENT 28
ITEM NO. 8.
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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, considered all testimony and materials submitted along with all subsequent reports and materials submitted regarding the planning application, and added conditions of approval to address the impacts to neighboring residences resulting from the added hours of operation. The Planning Commission voted four-to-one to approve the modification to an existing Conditional Use Permit; and
WHEREAS, on June 1, 2026, the appellant, an interested person and the applicant, filed a timely appeal of the decision of the Planning Commission to approve a modification to an existing Conditional Use Permit on property zoned R-1:8, located at 16769 Farley Road; and WHEREAS, on June 1, 2026, a second appellant, an interested person, filed a timely appeal of the decision of the Planning Commission to approve a modification to an existing Conditional Use Permit on property zoned R-1:8, located at 16769 Farley Road; and WHEREAS, on June 16, 2026, the Town Council continued the matter to a date certain of August 18, 2026; and
WHEREAS, this matter came before the Town Council for public hearing on August 18, 2026, and was regularly noticed in conformance with State and Town law; and
ITEM NO. 8.
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WHEREAS, the Town Council received testimony and documentary evidence from the appellants and all interested persons who wished to testify or submit documents. The Town Council considered all testimony and materials submitted, including the record of the Planning Commission proceedings and the packet of materials contained in the Council Agenda Report for their meeting on August 18, 2026, along with any and all subsequent reports and materials prepared concerning this application; and
WHEREAS, Town Code Section 29.20.295 provides that an appellants bear the burden of proof to demonstrate that there was error or abuse of discretion (including decisions that are not supported by substantial evidence in the record) by the Planning Commission.
NOW, THEREFORE, BE IT RESOLVED:
In accordance with Town Code section 29.20.295, the Town Council finds that:
1. The appellants have not demonstrated that the Planning Commission’s decision to approve a modification to an existing Conditional Use Permit was in error or an abuse of discretion.
2. The appeals of the decision of the Planning Commission to approve a modification to an existing Conditional Use Permit on property zoned R-1:8, located at 16769 Farley Road, are denied, and the application approval is upheld.
3. The decision constitutes a final administrative decision pursuant to Code of Civil Procedure section 1094.6 as adopted by section 1.10.085 of the Town Code of the Town of Los Gatos. Any application for judicial relief from this decision must be sought within the time limits and pursuant to the procedures established by Code of Civil Procedure section 1094.6, or such shorter time as required by state and federal Law.
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 Town Council 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):
ITEM NO. 8.
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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 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
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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 and day-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 and day-time services in a residential zone on a parcel surrounded by thirteen single-family residences and the traffic and pedestrian safety issues affecting the larger neighborhood, more particularly identified in paragraphs i through v, as seen below. The conditions addressing serious vehicle and pedestrian safety risks in the neighborhood and those crafted to mitigate material sound and light pollution adversely affecting the lives of certain neighbors do not require significant costs to the mosque and are the least expensive means to address the compelling town’s governmental interest in neighborhood preservation and protection as set forth in land use element of the general plan
i. Conditions of approval #7, 12, 15, 28, 29, and 30 address the impacts to neighbors of light intrusion from vehicle headlights and light standards.
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ii. Conditions of approval #7, 10, 11, 12, 13, 15, 16, 17, 18, 19, 20, 23, 25, 26, 27, 28, 29, and 30 address the impacts to neighbors of noise from vehicles before and after night and day-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 Town Council 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. 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 Town Council of the Town of Los Gatos, California, held on the 18th day of August 2026, by the following vote:
COUNCIL MEMBERS:
AYES:
NAYS:
ABSENT:
ABSTAIN:
SIGNED:
___________________________________
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
ATTEST:
____________________________________
TOWN CLERK OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
ITEM NO. 8.
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Intentionally
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ITEM NO. 8.
Town Council – August 18, 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 approval, compliance or failure to comply with applicable laws and regulations, and/or EXHIBIT A, ATTACHMENT 28 Page 2024
ITEM NO. 8.
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 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.
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 or their guests.
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 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 required to remove the right turn only sign at the end of the egress driveway and install a left turn only sign. 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 provide at least 180 parking spaces. An application proposing additional parking spaces shall be submitted 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 adjacent residences, 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.
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RESOLUTION 2026-
RESOLUTION OF THE TOWN COUNCIL OF THE TOWN
OF LOS GATOS DENYING APPEALS OF THE DECISION OF THE PLANNING COMMISSION TO APPROVE 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 AND UPHOLDING THE APPROVAL.
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.
ATTACHMENT 29
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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, considered all testimony and materials submitted along with all subsequent reports and materials submitted regarding the planning application, and added modified conditions of approval to address the impacts to neighboring residences resulting from the added hours of operation.
The Planning Commission voted four-to-one to approve the modification to an existing Conditional Use Permit; and
WHEREAS, on June 1, 2026, the appellant, an interested person and the applicant, filed a timely appeal of the decision of the Planning Commission to approve a modification to an existing Conditional Use Permit on property zoned R-1:8, located at 16769 Farley Road; and WHEREAS, on June 1, 2026, a second appellant, an interested person, filed a timely appeal of the decision of the Planning Commission to approve a modification to an existing Conditional Use Permit on property zoned R-1:8, located at 16769 Farley Road; and WHEREAS, on June 16, 2026, the Town Council continued the matter to a date certain of August 18, 2026; and
WHEREAS, this matter came before the Town Council for public hearing on August 18, 2026, and was regularly noticed in conformance with State and Town law; and
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WHEREAS, the Town Council received testimony and documentary evidence from the appellants and all interested persons who wished to testify or submit documents. The Town Council considered all testimony and materials submitted, including the record of the Planning Commission proceedings and the packet of materials contained in the Council Agenda Report for their meeting on August 18, 2026, along with any and all subsequent reports and materials prepared concerning this application; and
WHEREAS, Town Code Section 29.20.295 provides that an appellants bear the burden of proof to demonstrate that there was error or abuse of discretion (including decisions that are not supported by substantial evidence in the record) by the Planning Commission.
NOW, THEREFORE, BE IT RESOLVED:
In accordance with Town Code section 29.20.295, the Town Council finds that:
1. The appellants have not demonstrated that the Planning Commission’s decision to approve a modification to an existing Conditional Use Permit was in error or an abuse of discretion.
2. The appeals of the decision of the Planning Commission to approve a modification to an existing Conditional Use Permit on property zoned R-1:8, located at 16769 Farley Road, are denied, and the application approval is upheld.
3. The decision constitutes a final administrative decision pursuant to Code of Civil Procedure section 1094.6 as adopted by section 1.10.085 of the Town Code of the Town of Los Gatos. Any application for judicial relief from this decision must be sought within the time limits and pursuant to the procedures established by Code of Civil Procedure section 1094.6, or such shorter time as required by state and federal Law.
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 Town Council 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 Town Council 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 and Town Council hearings. (A) Finding required for the California Environmental Quality Act (CEQA):
The project is Categorically Exempt pursuant to the adopted Guidelines for the
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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 Town Council finds that, with the conditions of approval:
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.,
ITEM NO. 8.
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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 and Town Council hearings. (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 and day-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 and day-time services in a residential zone on a parcel surrounded by thirteen single-family residences and the traffic and pedestrian safety issues affecting the larger neighborhood, more particularly identified in paragraphs i through v, as seen below. The conditions addressing serious vehicle and pedestrian safety risks in the neighborhood and those crafted to mitigate material sound and light pollution adversely affecting the lives of certain neighbors do not require significant costs to the mosque and are the least expensive means to address the compelling town’s governmental interest in neighborhood preservation and protection as set forth in land use element of the general plan
i. Conditions of approval #7, 12, 15, 28, 29, and 30 address the impacts to neighbors of light intrusion from vehicle headlights and light standards. ii. Conditions of approval #7, 10, 11, 12, 13, 15, 16, 17, 18, 19, 20, 23, 25, 26,
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27, 28, 29, and 30 address the impacts to neighbors of noise from vehicles before and after night and day-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 Town Council 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. 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 Town Council of the Town of Los Gatos, California, held on the 18th day of August 2026, by the following vote:
COUNCIL MEMBERS:
AYES:
NAYS:
ABSENT:
ABSTAIN:
SIGNED:
___________________________________
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
ATTEST:
____________________________________
TOWN CLERK OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
ITEM NO. 8.
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ITEM NO. 8.
Town Council – August 18, 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 approval, compliance or failure to comply with applicable laws and regulations, and/or EXHIBIT A, ATTACHMENT 29
ITEM NO. 8.
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 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.
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 or their guests.
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 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 required to remove the right turn only sign at the end of the egress driveway and install a left turn only sign. 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 provide at least 180 parking spaces. An application proposing additional parking spaces shall be submitted 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 adjacent residences, 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.
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RESOLUTION 2026-
RESOLUTION OF THE TOWN COUNCIL OF THE TOWN
OF LOS GATOS GRANTING AN APPEAL OF A DECISION OF THE PLANNING COMMISSION TO APPROVE 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 AND
REMANDING THE MATTER TO THE PLANNING COMMISSION FOR FURTHER CONSIDERATION.
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 operation 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:
ATTACHMENT 30
ITEM NO. 8.
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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, considered all testimony and materials submitted along with all subsequent reports and materials submitted regarding the planning application, and added modified conditions of approval to address the impacts to neighboring residences resulting from the added hours of operation.
The Planning Commission voted four-to-one to approve the modification to an existing Conditional Use Permit; and
WHEREAS, on June 1, 2026, the appellants, an interested person and the applicant, filed a timely appeal of the decision of the Planning Commission to approve a modification to an existing Conditional Use Permit on property zoned R-1:8, located at 16769 Farley Road; and WHEREAS, on June 1, 2026, a second appellant, an interested person, filed a timely appeal of the decision of the Planning Commission to approve a modification to an existing Conditional Use Permit on property zoned R-1:8, located at 16769 Farley Road; and WHEREAS, on June 16, 2026, the Town Council continued the matter to a date certain of August 18, 2026; and
ITEM NO. 8.
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WHEREAS, this matter came before the Town Council for public hearing on August 18, 2026, and was regularly noticed in conformance with State and Town law; and WHEREAS, the Town Council received testimony and documentary evidence from the appellants and all interested persons who wished to testify or submit documents. The Town Council considered all testimony and materials submitted, including the record of the Planning Commission proceedings and the packet of materials contained in the Council Agenda Report for their meeting on August 18, 2026, along with any and all subsequent reports and materials prepared concerning this application; and
WHEREAS, Town Code Section 29.20.295 provides that the appellants bear the burden of proof to demonstrate that there was error or abuse of discretion (including decisions that are not supported by substantial evidence in the record) by the Planning Commission.
WHEREAS, the Town Council finds, in accordance with Town Code Section 29.20.295, that:
1. There was error or abuse of discretion on the part of the Planning Commission;
2. [If to be remanded to Planning Commission] New information was submitted to the Town Council during the appeal process that was not readily and reasonably available for submission to the Planning Commission.
NOW, THEREFORE, BE IT RESOLVED:
1. The appeals of the decision of a Planning Commission decision to approve a request for modification of an existing Conditional Use Permit (CUP) for expanded hours of operation in an institution for religious observance (West Valley Muslim Association) on property zoned R-1:8 is granted, and the conditions of approval are amended as shown in Exhibit A;
2. [If to be remanded to the Planning Commission]The application is remanded to Planning Commission for further consideration. The decision does not constitute a final administrative decision and the application will be returned to the Planning Commission for further consideration.
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los Gatos, California, held on the 18th day of August 2026, by the following vote:
COUNCIL MEMBERS:
AYES:
NAYS:
ABSENT:
ITEM NO. 8.
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ABSTAIN:
SIGNED:
___________________________________
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
ATTEST:
____________________________________
TOWN CLERK OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
ITEM NO. 8.
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ITEM NO. 8.
June 24, 2026
Rob Moore
Mayor, Town of Los Gatos
110 E Main St
Los Gatos, CA 95030
Re: Support of West Valley Muslim Association Appeal
Dear Mayor Moore,
As you know, JCRC Bay Area is the largest collective voice of Bay Area Jews, representing over 70 Jewish organizations across the region. We seek to build a Bay Area where the Jewish community and our neighbors can thrive, and this includes protecting the religious liberties of all residents.
We are writing in support of the West Valley Muslim Association (WVMA) and its appeal of the Planning Commission's decision regarding its Conditional Use Permit.
Throughout our history, American Jews have relied on constitutional and federal protections to ensure that we can gather, worship, and practice our faith free from unnecessary burdens. Because of this experience, we understand both the importance of religious liberty and the responsibility of religious institutions to work constructively with local governments and their neighbors.
Regarding WVMA’s appeal, we recognize Los Gatos’ responsibility to address legitimate public concerns. At the same time, we urge the Council to carefully review whether any of the proposed conditions place a substantial burden on WVMA's religious exercise and whether those conditions can be revised in a manner that addresses the Town's interests while preserving the Muslim community's ability to fully practice its faith.
Los Gatos is strengthened by its commitment to religious pluralism and equal treatment for all residents. We urge the Council to uphold these values and ensure that WVMA receives the fair consideration and protections guaranteed under federal law.
Thank you for your consideration. Please feel free to reach out if we can be of assistance.
Sincerely,
Jessica Blitchok
Director of External Affairs
JCRC Bay Area
ATTACHMENT 31
ITEM NO. 8.
cc Vice Mayor Ristow
Councilmember Badame
Councilmember Rennie
Councilmember Hudes
ITEM NO. 8.
From: Lynley Kerr Hogan < >
Sent: Monday, June 8, 2026 6:08 PM
To: Clerk <[email protected]>
Cc: Rob Moore <[email protected]>; Maria Ristow <[email protected]>; Mary Badame <[email protected]>; Rob Rennie <[email protected]>; Matthew Hudes <[email protected]>; Alexa Nolder <[email protected]>; Planning <[email protected]>
Subject: Public Comment in Opposition to WVMA Appeal of Planning Commission CUP Conditions – 16769 Farley Road (U-24-010)
Dear Town Clerk and Honorable Members of the Los Gatos Town Council and Planning Commission,
I am writing as a life-long resident of Los Gatos to submit public comment in strong support of the Los Gatos Planning Commission’s May 21, 2026 approval of Conditional Use Permit modification U-24-010 for the West Valley Muslim Association (WVMA) facility at 16769 Farley Road—and in opposition to WVMA’s appeal of 19 of the 33 conditions of approval.
The Farley Road neighborhood is zoned R-1:8 for low-density residential use. The existing CUP (originally issued for a prior religious use and modified in 2020) appropriately limited hours of operation to protect the quiet enjoyment of neighboring homes. WVMA’s request to extend hours—allowing indoor prayers as early as 1.5 hours before sunrise and until 10:30 p.m. (or later during Ramadan)—would intensify activity in a quiet residential cul-de-sac. Neighbors have documented ongoing impacts including:
1. Increased late-night and early-morning traffic congestion and parking overflow onto residential streets
2. Noise from car doors slamming, engines, voices, and headlights shining into bedrooms
3. Safety concerns for pedestrians, children, and emergency access on narrow, unlit streets without adequate sidewalks or traffic calming
These are not hypothetical or religiously motivated concerns. They are measurable land-use impacts that any high-traffic use (religious or secular) would create in this zoning district. The Planning Commission heard extensive public testimony, reviewed traffic and noise studies, and imposed reasonable, evidence-based conditions—including occupancy limits, parking improvements, landscaping/screening, compliance reviews, and operational restrictions—to mitigate these impacts while still allowing the facility to function as a place of worship. mercurynews.com
WVMA’s appeal claims that these 19 conditions (including annual reviews, attendance caps, use restrictions, and capital improvements) violate RLUIPA and constitute discriminatory overreach.
This characterization is not supported by the record. The conditions are content-neutral, generally applicable to any institutional use in a residential zone, and directly tied to documented public safety, noise, and traffic data presented at multiple public hearings. They do not dictate “what worship means” but simply require the same level of compatibility with the
ITEM NO. 8.
surrounding neighborhood that has been required of every other CUP-approved use in Los Gatos.
Religious freedom is a cornerstone of our community, but it does not exempt any institution— mosque, church, synagogue, or secular venue—from neutral regulations that protect public welfare and residential quality of life. RLUIPA requires that any substantial burden on religious exercise serve a compelling governmental interest through the least restrictive means.
Neighborhood tranquility, traffic safety, and compliance with zoning are long-recognized compelling interests, and the Commission’s conditions meet that standard.
I respectfully urge the Town Council to deny WVMA’s appeal of the 19 challenged conditions (or uphold the full set of 33 conditions) and affirm the Planning Commission’s decision. This will ensure that the Farley Road neighborhood remains a safe, livable residential community while allowing WVMA to continue its operations within reasonable, enforceable limits.
Thank you for your time and service to the Town of Los Gatos. I am available for any questions and request that this letter be included in the public record for the appeal.
Sincerely,
Lynley Kerr Hogan
Resident Since 1967
Sent with Proton Mail secure email.
ITEM NO. 8.
From: Hongzhi Zhao < >
Sent: Thursday, May 21, 2026 3:11 PM
To: Planning <[email protected]>; Jocelyn Shoopman <[email protected]> Subject: WVMA Conditional Use Permit Application U-24-010, Farley Road Safety for pedestrians
Dear Los Gatos City Planning Commission Member:
I am writing to express my deep concern regarding traffic safety issues on Farley Road. Given that the draft of the revised WVMA Conditional Use Permit (CUP) allows for a substantial increase in traffic volume, I fear this will pose a grave threat to pedestrian safety within our community.
Farley Road measures approximately 36 feet in width—a dimension calculated based on the property lines on either side of the roadway. Farley Road is a two-way thoroughfare shared by pedestrians and children riding bicycles.
Currently, this stretch of road is not equipped with streetlights. Given that the standard safe width for a single vehicular lane is 11 feet, a two-way, two-lane configuration would require a total road width of 22 feet. Furthermore, a motor vehicle (including side mirrors) measures approximately 8 feet in width;
Consequently, if vehicles are parked on both sides of Farley Road, the total required road width increases to 38 feet. However, the actual width of Farley Road is merely 36 feet. This width is already insufficient to accommodate the increasingly heavy traffic volume.
As a result, pedestrians on Farley Road are left with absolutely nowhere to walk. This situation places the lives and safety of our community residents in extreme jeopardy. It not only deprives community pedestrians and cyclists of their right to safe passage but also forces the residents of the Farley Road community to live in constant fear—perpetually anxious about their personal safety and facing the fatal risk of being struck and killed by a vehicle at any moment.
Regards,
Hongzhi Zhao
ITEM NO. 8.
From: Farley Road Neighborhood Coalition < >
Sent: Thursday, May 21, 2026 12:06 PM
To: Alexa Nolder <[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: Request to Delay Adoption of Resolution: CUP Conditions for 16769 Farley Road
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
ITEM NO. 8.
recommendation to address and balance the pending modification CUP application for 16769 Farley Road:
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
ITEM NO. 8.
• 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. •
•
•
• 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.
ITEM NO. 8.
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. 3.
4. FACILITY OPERATIONS (Section C)
5. 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.
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:
ITEM NO. 8.
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.
3. 4.
5. Parking and Traffic (Section E)
6. 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:
ITEM NO. 8.
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.
Image B
Sincerely,
The Farley Road Neighborhood Coalition
ITEM NO. 8.
From: razi Mohiuddin < >
Sent: Wednesday, August 12, 2026 1:49 PM
To: Jocelyn Shoopman <[email protected]>
Cc: Lubna Shaikh < >
Subject: 16769 Farley Road - Request for Postponement
Jocelyn,
We are requesting a postponement of the Town Council hearing of our appeal for the Conditional Use Permit for WVMA’s 16769 Farley Road facility, as we have not received the public records from the Santa Clara County Fire Department, nor the Los Gatos Planning and Building Departments related to the Occupancy Numbers that were previously approved. We are also in the process of getting an architectural egress plan to determine occupancy as per your request.
Thanks,
Razi
ATTACHMENT 32 Page 2059
ITEM NO. 8.
From: Kim Ratcliff < >
Sent: Thursday, August 13, 2026 1:11 PM
To: Jocelyn Shoopman <[email protected]>
Cc: < >; ;
Subject: Re: August 18, 2026 Los Gatos Town Council Appeal Hearing Dear Jocelyn,
We are amenable to granting a continuance.
Thanks,
Kim Ratcliff
on behalf of FRNC
ATTACHMENT 33
ITEM NO. 8.
PREPARED BY: Rebecca Albin
Police Captain
Reviewed by: Town Manager, Assistant Town Manager, Town Attorney, and Administrative Services Director
110 E. Main Street Los Gatos, CA 95030 ● (408) 354-6832 www.losgatosca.gov
TOWN OF LOS GATOS
COUNCIL AGENDA REPORT
MEETING DATE: 8/18/2026
ITEM NO: 09
DATE: August 18, 2026
TO: Mayor and Town Council
FROM: Chris Constantin, Town Manager
SUBJECT: Adopt a Resolution Renewing Ordinance Approving Military Equipment Funding, Acquisition, and Use Policy Pursuant to Assembly Bill 481.
RECOMMENDATION: Adopt a Resolution Renewing Town of Los Gatos Ordinance 2329 approving military equipment funding, acquisition, and use policy pursuant to Assembly Bill 481.
FISCAL IMPACT:
There is no fiscal impact in renewing this ordinance and the military equipment use policy.
STRATEGIC PRIORITY:
AB 481 aligns with the strategic priority of furthering the Town’s emergency preparedness, resiliency, and response capabilities by ensuring that law enforcement has continued access to specialized equipment necessary for managing critical incidents, natural disasters, and largescale emergencies. The ordinance provides a legal framework for the use of such equipment, which can enhance the Town’s ability to respond effectively to high-risk situations while maintaining public trust through required transparency, oversight, and community engagement. By complying with AB 481, the Town of Los Gatos supports both operational readiness and accountability in emergency response efforts.
BACKGROUND:
On September 30, 2021, Governor Newsom signed into law several major peace officer reform bills, including Assembly Bill 481 (AB 481) (Attachment 1). AB 481 was authored by
ITEM NO. 9.
PAGE 2 OF 4
SUBJECT: Authorization to Renew Ordinance 2329 Governing the Use of Military Equipment DATE: August 18, 2026
Assemblymember David Chiu (D-San Francisco) to address the funding, acquisition, and use of items deemed to be “military equipment.”
This bill requires law enforcement agencies, including the Los Gatos-Monte Sereno Police Department, “to obtain approval of the applicable governing body, by adoption of a military equipment use policy, as specified, by ordinance at a regular meeting held pursuant to specified open meeting laws, prior to taking certain actions relating to the funding, acquisition, or use of military equipment, as defined.”
Furthermore, AB 481 requires similar approval for the continued use of “military equipment” acquired by the Los Gatos-Monte Sereno Police Department prior to October 7, 2025, and allows the governing body to approve the funding, acquisition, or use of military equipment within its jurisdiction only if it determines that the military equipment meets specified standards as described later in this report.
DISCUSSION:
AB 481 requires the governing body that oversees a law enforcement agency to approve and renew an ordinance adopting a military equipment use policy at a regular meeting of the governing body held in accordance with the Brown Act. The Assembly Bill has designated certain types of law enforcement equipment as "military equipment." Out of the fifteen categories of “military equipment” listed under AB 481, the Los Gatos-Monte Sereno Police Department has items in four of the categories. These items include: a robot, unmanned aerial vehicles (UAV), rifles and ammunition, noise flash diversionary devices, tear gas and munitions, and 40mm less-lethal weapons and munitions.
AB 481 requires that an ordinance be adopted before the Los Gatos-Monte Sereno Police Department may request, seek funds, acquire, collaborate to deploy, use, or solicit a proposal for any type of military equipment. On April 20, 2022, the Town Council adopted an Ordinance (Attachment 4) approving the military equipment funding, acquisition, and use policy pursuant to Assembly Bill 481.
AB 481 requires the governing body that oversees a law enforcement agency to annually renew the agency’s Ordinance approving a “Military Equipment Use Policy” and determine that the agency’s use of military equipment described in an annual report complies with the Policy and AB 481.
AB 481 outlines the requirements of the Police Department regarding ongoing access to the items mentioned, future acquisitions, and transparency requirements. Los Gatos-Monte Sereno Police contracts with Lexipol, a public safety policy and training organization, for policy development and implementation. Lexipol policy 704 - Military Equipment (Attachment 2) outlines purpose, scope, definitions, and categories deemed as military equipment.
ITEM NO. 9.
PAGE 3 OF 4
SUBJECT: Authorization to Renew Ordinance 2329 Governing the Use of Military Equipment DATE: August 18, 2026
The governing body’s ordinance must include certain standards of approval, including:
A. The “military equipment” identified in Los Gatos-Monte Sereno Police Department Lexipol Policy 704 is necessary because there are no reasonable alternatives that can achieve the same objectives of officer and civilian safety.
B. Los Gatos-Monte Sereno Police Department Lexipol Policy 704 will safeguard the public’s welfare, safety, civil rights, and civil liberties.
C. The “military equipment” identified in Los Gatos-Monte Sereno Police Department Lexipol Policy 704 is reasonably cost effective compared to available alternatives that can achieve the same objectives of officer and civilian safety.
D. Prior miliary equipment use complied with the applicable Equipment Use Policy (which included equipment now defined as military equipment) that was in effect at the time, or if prior uses did not comply with the accompanying Military Equipment Use Policy, corrective action has been taken to remedy nonconforming uses and ensure future compliance.
The Ordinance adopted on April 20, 2022, satisfies these requirements.
In addition to posting the “military equipment” use policy on the law enforcement agency’s website, each agency must submit an annual “Military Equipment” Report to the governing body detailing the equipment used in the preceding year. This report must include a summary of how the equipment was used, a summary of complaints received, the result of any internal audit and actions taken in response, the total annual cost and the quantity possessed of each type of “military equipment”, and any additional equipment the agency intends to acquire in the next year.
Each year the governing body must review the annual report and determine whether each type of military equipment identified in that report has complied with the standards for approval set forth above and vote on whether to renew it, in accordance with Government Code Section 7071 (e)(2). This report can be found in Attachment 3 and staff finds the report to be compliant.
The Los Gatos-Monte Sereno Police Department held a community outreach event on August 4, 2026, in conjunction with National Night Out to provide members of the community an opportunity to discuss AB 481. Lexipol policy 704 and the attachment of detailed list of our military equipment is posted on the Police Department website.
CONCLUSION:
Staff recommends that the Town Council adopt a resolution to renew ordinance 2329 (to be adopted on Tuesday, August 18, 2026) and determine that the agency’s use of military
ITEM NO. 9.
PAGE 4 OF 4
SUBJECT: Authorization to Renew Ordinance 2329 Governing the Use of Military Equipment DATE: August 18, 2026
equipment described in the annual report complies with the Los Gatos Police Department’s Lexipol Policy 704.
COORDINATION:
This report was coordinated with the Town Attorney’s Office.
ENVIRONMENTAL ASSESSMENT:
This is not a project defined under CEQA, and no further action is required.
Attachments:
1. Assembly Bill 481
2. LGMSPD Lexipol Policy 704 inclusive of a hyperlink to AB 481 Defined list of Military Equipment in LGMSPD possession.
3. LGMSPD Military Equipment Inventory 2026
4. Ordinance 2329
5. Draft Resolution to Renew the Use of Military Equipment Ordinance
ITEM NO. 9.
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Policy
704
Los Gatos-Monte Sereno Police Department
Los Gatos-Monte Sereno Police Department Policy Manual
Copyright Lexipol, LLC 2026/08/13, All Rights Reserved.
Published with permission by Los Gatos-Monte Sereno Police Department
Military Equipment - 1
Military Equipment
704.1 PURPOSE AND SCOPE
The purpose of this policy is to provide guidelines for the approval, acquisition, and reporting requirements of military equipment (Government Code § 7070; Government Code § 7071; Government Code § 7072).
704.1.1 DEFINITIONS
Definitions related to this policy include (Government Code § 7070):
Governing body – The elected or appointed body that oversees the Department.
Military equipment – Includes but is not limited to the following:
• Unmanned, remotely piloted, powered aerial or ground vehicles. • Mine-resistant ambush-protected (MRAP) vehicles or armored personnel carriers. • High mobility multipurpose wheeled vehicles (HMMWV), two-and-one-half-ton trucks, five-ton trucks, or wheeled vehicles that have a breaching or entry apparatus attached. • Tracked armored vehicles that provide ballistic protection to their occupants. • Command and control vehicles that are either built or modified to facilitate the operational control and direction of public safety units. • Weaponized aircraft, vessels, or vehicles of any kind. • Battering rams, slugs, and breaching apparatuses that are explosive in nature. This does not include a handheld, one-person ram.
• Firearms and ammunition of_.50 caliber or greater, excluding standard-issue shotguns and standard-issue shotgun ammunition.
• Specialized firearms and ammunition of less than_.50 caliber, including firearms and accessories identified as assault weapons in Penal Code § 30510 and Penal Code § 30515, with the exception of standard-issue firearms.
• Any firearm or firearm accessory that is designed to launch explosive projectiles. • Noise-flash diversionary devices and explosive breaching tools. • Munitions containing tear gas or OC, excluding standard, service-issued handheld pepper spray.
• Area denial electroshock devices, microwave weapons, water cannons, long-range acoustic devices (LRADs), acoustic hailing devices, and sound cannons. • Kinetic energy weapons and munitions.
• Any other equipment as determined by a governing body or a state agency to require additional oversight.
ATTACHMENT 2
ITEM NO. 9.
Los Gatos-Monte Sereno Police Department
Los Gatos-Monte Sereno Police Department Policy Manual
Military Equipment
Copyright Lexipol, LLC 2026/08/13, All Rights Reserved.
Published with permission by Los Gatos-Monte Sereno Police Department
Military Equipment - 2
704.2 POLICY
It is the policy of the Los Gatos-Monte Sereno Police Department that members of this department comply with the provisions of Government Code § 7071 with respect to military equipment. 704.3 MILITARY EQUIPMENT COORDINATOR
The Chief of Police should designate a member of this department to act as the military equipment coordinator. The responsibilities of the military equipment coordinator include but are not limited to:
(a) Acting as liaison to the governing body for matters related to the requirements of this policy.
(b) Identifying department equipment that qualifies as military equipment in the current possession of the Department, or the equipment the Department intends to acquire that requires approval by the governing body.
(c) Conducting an inventory of all military equipment at least annually. (d) Collaborating with any allied agency that may use military equipment within the jurisdiction of Los Gatos-Monte Sereno Police Department (Government Code § 7071).
(e) Preparing for, scheduling, and coordinating the annual community engagement meeting to include:
1. Publicizing the details of the meeting.
2. Preparing for public questions regarding the department’s funding, acquisition, and use of equipment.
(f) Preparing the annual military equipment report for submission to the Chief of Police and ensuring that the report is made available on the department website (Government Code § 7072).
(g) Establishing the procedure for a person to register a complaint or concern, or how that person may submit a question about the use of a type of military equipment, and how the Department will respond in a timely manner.
704.4 MILITARY EQUIPMENT INVENTORY
The following constitutes a list of qualifying equipment for the Department:
https://www.losgatosca.gov/DocumentCenter/View/30276/Military-Equipment-Inventory 704.5 APPROVAL
The Chief of Police or the authorized designee shall obtain approval from the governing body by way of an ordinance adopting the military equipment policy. As part of the approval process, the Chief of Police or the authorized designee shall ensure the proposed military equipment policy is submitted to the governing body and is available on the department website at least 30 days prior to any public hearing concerning the military equipment at issue (Government Code § 7071). The military equipment policy must be approved by the governing body prior to engaging in any of the following (Government Code § 7071):
ITEM NO. 9.
Los Gatos-Monte Sereno Police Department
Los Gatos-Monte Sereno Police Department Policy Manual
Military Equipment
Copyright Lexipol, LLC 2026/08/13, All Rights Reserved.
Published with permission by Los Gatos-Monte Sereno Police Department
Military Equipment - 3
(a) Requesting military equipment made available pursuant to 10 USC § 2576a. (b) Seeking funds for military equipment, including but not limited to applying for a grant, soliciting or accepting private, local, state, or federal funds, in-kind donations, or other donations or transfers.
(c) Acquiring military equipment either permanently or temporarily, including by borrowing or leasing.
(d) Collaborating with another law enforcement agency in the deployment or other use of military equipment within the jurisdiction of this department. (e) Using any new or existing military equipment for a purpose, in a manner, or by a person not previously approved by the governing body.
(f) Soliciting or responding to a proposal for, or entering into an agreement with, any other person or entity to seek funds for, apply to receive, acquire, use, or collaborate in the use of military equipment.
(g) Acquiring military equipment through any means not provided above. 704.6 COORDINATION WITH OTHER JURISDICTIONS
Military equipment should not be used by any other law enforcement agency or member in this jurisdiction unless the military equipment is approved for use in accordance with this policy. 704.7 ANNUAL REPORT
Upon approval of a military equipment policy, the Chief of Police or the authorized designee should submit a military equipment report to the governing body for each type of military equipment approved within one year of approval, and annually thereafter for as long as the military equipment is available for use (Government Code § 7072).
The Chief of Police or the authorized designee should also make each annual military equipment report publicly available on the department website for as long as the military equipment is available for use. The report shall include all information required by Government Code § 7072 for the preceding calendar year for each type of military equipment in department inventory. 704.8 COMMUNITY ENGAGEMENT
Within 30 days of submitting and publicly releasing the annual report, the Department shall hold at least one well-publicized and conveniently located community engagement meeting, at which the Department should discuss the report and respond to public questions regarding the funding, acquisition, or use of military equipment.
ITEM NO. 9.
2026 MILITARY EQUIPMENT INVENTORY
1 2026 MILITARY EQUIPMENT INVENTORY
Los Gatos Monte Sereno Police Department
Prior year (January 1, 2025 to December 31, 2025) usage summary, complaints received, audits and actions taken as a result.
2026 Supplemental Update: January 1, 2026 through August 18, 2026 The Department is also providing supplemental information concerning material equipment activity occurring after December 31, 2025. This supplemental information is provided for Council and public information and does not replace the calendar year reporting required by Government Code section 7072.
The quantities associated with each item may have changed from the previous year due to training usage. The drone was used for critical incident infrastructure reconnaissance, missing persons cases and to assist with perimeter checks of expansive locations. There were no complaints received regarding this equipment. No internal or external audits were conducted or required as a result of not receiving complaints. There were no actions taken as a result. The items categories and types remain the same as the previous year.
1.Robot (Category 1)
a. Description, quantity, capabilities, and purchase cost:
The Robotex Avatar Tactical Robot is a battery powered, remote operated device. Equipped with two cameras and two-way radio capabilities. This equipment is for (potential) use during high-risk incidents. Use is limited to members of the Departments Crisis Response Unit. Incidents that may qualify for its use include, but are not limited to, a high-risk warrant service, barricaded subject, and hostage negotiation/rescue. Before entering a structure, particularly in a tactically compromised and dangerous situation, ATTACHMENT 3
ITEM NO. 9.
2026 MILITARY EQUIPMENT INVENTORY
2 knowledge of a subject’s location is very important, and the robot can provide that without placing anyone at risk. Cameras can also help determine if a subject is armed and if there are other subjects inside that need assistance. The two-way speakers can be used to de- escalate and determine resistance level.
i. Robotex Avatar Tactical Robot, initial cost: $12,389.21 quantity: 1.
b. Purpose:
To be used to remotely gain visual/audio data, deliver Crisis Negotiation Team (CNT) phone, disrupt packages, and clear buildings.
c. Authorized Use:
Only assigned operators who have completed the required training shall be permitted to operate the robot. Use is established by the Incident Commander. All other applicable LGMSPD policies remain in effect, to include, but not limited to, LGMSPD Policy 310– Search and Seizure, LGPD Policy 404 – Crisis Response Unit (CRU) Team.
d. Expected Lifespan:
10-15 years
e. Annual Cost for 2025:
No known annual maintenance costs.
2. Unmanned Aerial Vehicle (Category 1)
a. Description, quantity, capabilities, and purchase cost:
The Skydio 2 is a small non-commercial grade UAV. This UAV is a battery powered, remote operated device. Controller: Apple I-pad.
The controller allows the operators to control UAV and view live feed from a UAV-mounted camera. Camera: Sony IMX577 camera.
Flight time of approximately 25-30 minutes per battery, depending on weather and flight conditions. The UAV has also proven to be useful to public safety agencies in firefighting, search and rescue, pre-operational surveillance, and other tactical situations where
ITEM NO. 9.
2026 MILITARY EQUIPMENT INVENTORY
3 aerial views enhance the safety and efficiency of law enforcement and fire personnel.
i. Skydio 2 unmanned aerial vehicle (UAV),
cost: $6,902.35 quantity: 1.
b. Purpose:
To be deployed when its view would assist officers or incident commanders with the following situations, which include but are not limited to:
i. Major collision investigations.
ii. Search for Missing Persons.
iii. Natural disaster management.
iv. Crime scene photography.
v. Crisis Response Unit (CRU), tactical or other public safety and life preservation missions.
vi. In response to specific requests from local, state or federal fire authorities for fire response and/or prevention.
c. Authorized Use:
Only assigned operators who have completed the required training shall be permitted to operate the Skydio 2 during approved missions. All other applicable LGMSPD policies remain in effect, to include, but not limited to, LGMSPD Policy 310 – Search and Seizure, LGMSPD Policy 315– Missing Persons, LGMSPD
Policy 608 – Unmanned Aerial System Operations, LGMSPD Policy 404 – Crisis Response Unit (CRU).
d. Expected Lifespan:
5 years
e. Annual Cost for 2025:
No known annual maintenance costs.
3. Unmanned Aerial Vehicle (Category 1)
a. Description, quantity, capabilities, and purchase cost:
The DJI Mavic 3T is a small non-commercial grade UAV. This UAV is a
ITEM NO. 9.
2026 MILITARY EQUIPMENT INVENTORY
4 battery powered, remote operated device. Controller: DJI RC Pro. The controller allowsthe pilots to control the UAV and view live feed from a UAV-mounted camera. Camera: DJI wide/zoom/thermal camera.
The camera provides pilots with the ability to switch between a wide camera view, zoom camera view, and a thermal camera view. UAV flight time of approximately 25-35 minutes depending on weather and flight conditions. The DJI Mavic 3T has been proven to be useful to public safety in firefighting, search and rescue, per-operation surveillance, and other tactical situations where aerial views enhance the safety and efficiency of law enforcement and fire personnel. i. The DJI Mavic 3T unmanned aerial vehicle (UAV),
cost: $8,702.35 quantity: 3.
b. Purpose:
To be deployed when its view would assist officers or incident commanders with the following situations, which include but are not limited to:
i. Major collision investigations.
ii. Search for Missing Persons.
iii. Natural disaster management.
iv. Crime scene photography.
v. Crisis Response Unit (CRU), tactical or other public safety and life preservation missions.
vi. In response to specific requests from local, state or federal fire authorities for fire response and/or prevention.
c. Authorized Use:
Only assigned operators who have completed the required training shall be permitted to operate the DJI Mavic 3T during approved missions. All other applicable LGMSPD policies remain in effect, to include, but not limited to, LGMSPD Policy 310– Search and Seizure, LGMSPD Policy 315 – Missing Persons, LGMSPD
Policy 608 – Unmanned Aerial System Operations, LGMSPD Policy 404 – Crisis Response Unit (CRU).
ITEM NO. 9.
2026 MILITARY EQUIPMENT INVENTORY
5 d. Expected Lifespan:
5 years
e. Annual Cost for 2025:
No known annual maintenance costs.
4. Unmanned Aerial Vehicle (Category 1)
a. Description, quantity, capabilities, and purchase cost:
The DJI Mini 3 Pro is a small non-commercial grade UAV. This UAV is a battery powered, remote operated device. Controller: Google Pixel phone. The controller allows the pilots to control the UAV and view live feed from a UAV-mounted camera. Camera: DJI
wide/zoom. The camera provides the pilots the ability to switch between a wide camera view and zoom camera view. UAV flight time of approximately 35-45 minutes depending on weather and flight conditions. The Mini 3 Pro has been proven to be useful to public safety in interior tactical situations where unmanned views enhance the safety and efficiency of law enforcement personnel. i. The DJI Mini 3 Pro unmanned aerial vehicle (UAV)
cost: $1,584.35 quantity: 3.
b. Purpose:
To be deployed when its view would assist officers or incident commanders with the following situations, which include but are not limited to:
i. Search for Missing Persons.
ii. Natural disaster management.
iii. Crime scene photography.
iv. Crisis Response Unit (CRU), tactical or other public safety and life preservation missions.
c. Authorized Use:
Only assigned pilots who have completed the required training shall be permitted to operate the DJI Mini 3 Pro during approved missions.
All other applicable LGMSPD policies remain in effect, to include, but are not limited to, LGMSPD Policy 310 – Search and Seizure, LGMSPD Policy 315 – Missing Persons, LGMSPD Police 608 – Unmanned Aerial
ITEM NO. 9.
2026 MILITARY EQUIPMENT INVENTORY
6 System Operations, LGMSPD Policy 404 – Crisis Response Unit (CRU). d. Expected Lifespan:
5 years
e. Annual Cost for 2025:
No known annual maintenance costs.
5. Unmanned Aerial Vehicle (Category 1)
a. Description, quantity, capabilities, and purchase cost:
The Skydio X10 UAV and dock station will be utilized as the Drone First Responder program. The DFR can be dispatched to calls for service supplying advantages to police response: rapid response times, increased situational awareness (locating missing persons, identification of suspects and witnesses), increased safety, and resource optimization by reducing unnecessary officer response. The DFR integrates with CAD (Computer Aided Dispatch) and can be dispatched to calls for service and utilizes an auto-pilot feature.
i. Skydio X10 unmanned aerial vehicle (UAV) and docking station, annual contract cost: $42,620.08/year for use of drone/docking station/ components/software.
b. Purpose:
To be deployed when its view would assist officers or incident commanders with the following situations, which include but are not limited to:
i. Search for Missing Persons.
ii. Natural disaster management.
iii. Crime scene photography.
iv. Crisis Response Unit (CRU), tactical or other public safety and life preservation missions.
c. Authorized Use:
Only assigned pilots who have completed the required training shall be permitted to operate the DFR during approved missions. All other applicable LGMSPD policies remain in effect, to include, but are not limited to, LGMSPD Policy 310 – Search and Seizure, LGMSPD Policy 315 – Missing Persons, LGMSPD Police 608 – Unmanned Aerial System Operations, LGMSPD Policy 404 – Crisis Response Unit (CRU).
ITEM NO. 9.
2026 MILITARY EQUIPMENT INVENTORY
7 d. Expected Lifespan:
10-year contract
e. Annual Cost for 2025:
No known annual maintenance costs.
6. Specialized Firearms and Ammunition (Category 10)
a. Description, quantity, capabilities, and purchase cost:
The Carbine Rifle is a firearm, capable of accurately stopping an armed subject at various distances. The Carbine Rifle is a lightweight, aircooled, gas operated, magazine fed, shoulder fired weapon, designed forsemi-automatic&selective fire. The Carbine Rifle does not have an expiration and will need to be serviced or replaced when the rifle fails or breaks. The .223 / 5.56 cartridge is used as a lethal option designed to stop a violent encounter. The projectile is capable of penetrating soft body armor being worn by armed subjects.
i. Colt AR-15/M4, Lewis Machine & Tool AR-15, and Aero
Precision AR-15 cost: $55,750 quantity: 50
ii. The Speer .223 Remington, 62 grain, GDSP cartridge is the primary duty ammunition deployed during potential lethal encounters. Speer .223 Remington, 62 grain GDSP cartridge, cost: $9,630 quantity: 15,000.
iii. The Federal .223 Remington, 55 grain cartridge is the primary training ammunition for the Department. Federal .223
Remington, 55 grain cartridge, cost: $9,450 quantity 21,000. iv. The Los Gatos-Monte Sereno Police Department Crisis Response Unit (CRU) was formed in 1985, in response to very dangerous or violent tactical encounters. The Sniper element deploys with precision rifles, which enables the stopping of an armed subject at a safe distance. The Sniper Rifle does not have an expiration and will need to be serviced or replaced when the Rifle fails or breaks. The .308 Winchester cartridge is a rimless, bottlenecked rifle cartridge. The .308 Winchester cartridge is used as a lethal option designed to stop a violent
ITEM NO. 9.
2026 MILITARY EQUIPMENT INVENTORY
8 encounter. The projectile is capable of penetrating soft body armor being worn by armed subjects. Aero Precision 308
Rifle. cost: $5,362.80 quantity: 2.
v. The Federal .308 WIN 168 grain tactical tip, cartridge is ammunition deployed during potential lethal encounters at longer distances. The 168-grain projectile maintains accuracy, while resulting in higher impact velocities, less drop, less wind drift, and more energy on target. Federal .308 WIN 168 grain tactical tip, cost: $1763.20, quantity: 1160.
vi. The Federal .308 WIN 168 grain tactical bonded cartridge is ammunition deployed during potential lethal encounters, when shooting through barriers. The 168-grain Tactical Bonded projectile is capable of accurately striking targets behind an angled window or windshield, without the risk of unpredictable bullet deflection. Conventional bullets break apart or fragment when penetrating glass, which does not allow an accurate impact. Federal .308 WIN 168 grain tactical bonded cartridge, cost: $1,611.00 quantity: 1060.
b. Purpose
To be used as precision weapons to address a threat with more precision and/or greater distances than a handgun, if present and feasible.
c. Authorized Use:
Only members that are POST certified are authorized to use a particular rifle. All other applicable LGMSPD policies remain in effect, to include, but notlimited to, LGMSPD Policy 300 – Use of Force, LGMSPD Policy 306 – Firearms Training and Qualifications, LGMSPD Policy 404 – Crisis Response Unit (CRU).
ITEM NO. 9.
2026 MILITARY EQUIPMENT INVENTORY
9 d. Expected Lifespan
i. Carbine Rifle – No Expiration
ii. Speer 223 Remington, 62 grain – No expiration
iii. Federal .223 Remington, 55 grain – No expiration
iv. Sniper Rifles – No expiration
v. Federal .308 WIN Tactical tip, 168 grain – No expiration vi. Federal .308 WIN Tactical Bonded Tip, 168 Grain- No expiration. e. Annual Cost for 2025:
i. Carbine Rifle – Annual cost between $0-$3,000
ii. Speer .223 Remington, 62 grain – Annual cost between $0-$6000 iii. Federal .223 Remington 55 grain - Annual cost between $0- $9,000.
iv. Sniper Rifle – Annual cost between $0-unknown for
maintenance.
v. Federal .308 WIN Tactical Tip, 168 grain – Annual cost between $0 - $2,000.
vi. Federal .308 WIN Tactical Bonded Tip, 168 Grain-Annual cost between $0-$2000.
7. Flashbangs (Category 12)
a. Description, quantity, capabilities, and purchase cost:
A Noise Flash Diversionary Devices (NFDD) is a device that creates a bright flash and loud sound to temporarily divert the attention of subjects in the immediate area. NFDD are used to distract and temporarily incapacitate dangerous suspects by overwhelming their senses of vision and hearing. The distraction allows officers to seize a moment of opportunity to take control of high-risk situations. Def Tech 11 Gr mini NFDD emits a loud “bang” and a flash of light.
i. Def Tech 11 Gr mini NFDD cost: $2,089.20 quantity: 40 b. Purpose:
To produce atmospheric over-pressure and brilliant white light and, as
ITEM NO. 9.
2026 MILITARY EQUIPMENT INVENTORY
10 a result, can cause short-term (6 - 8 seconds) physiological / psychological sensory deprivation to give officers a tactical advantage.
c. Authorized Use:
Diversionary Devices shall only be used:
i. By CRU officers who have been trained in their proper use. ii. In hostage and barricaded subject situations.
iii. In high-risk warrant (search/arrest) services where there may be extreme hazards to officers.
iv. During other high-risk situations where their use would enhance officer safety.
v. During training exercises.
All other applicable LGMSPD policies remain in effect, to include, but not limited to, LGMSPD Policy 300 – Use of Force, LGMSPD Policy 404 – Crisis Response Unit.
d. Expected Lifespan:
Def Tech 11-gram mini NFDD – 5 years
e. Annual Cost for 2025:
Def Tech 11 Gram mini NFDD – Annual cost between $0 - $2,403.50
8. Tear Gas(Category 12)
a. Description, quantity, capabilities, and purchase cost:
Chemical agent munitions, which are commonly referred to as “tear gas,” are used by the Los Gatos-Monte Sereno Police Department as a non-lethaltoolto disperse rioting subjects and on barricaded suspects.
The Los Gatos-Monte Sereno Police Department uses chemical agents which are used by law enforcement across the United States: CS (2- Chlorobenzylidenemalononitrile) and OC (Oleoresin Capsicum) CS is an irritating agent and lachrymator (irritates the eyes and causes tears to flow). CS has been medically tested in the UK and specifically by the U.S. Army. There are no known allergic reactions to CS. OC was deregulated in California in 1996, is endorsed by the FBI, and is available to civilians to legally possess (2.5oz or less). OC is an inflammatory
ITEM NO. 9.
2026 MILITARY EQUIPMENT INVENTORY
11 agent which causes involuntary closure of eyes (open in 2-5 minutes) and respiratory inflammation (subsides in approximately 2 minutes).
i. Def Tech handheld OC/CS canisters, model #1056,
Cost: $ 843.50 quantity: 14
b. Purpose:
To limit the escalation of conflict where employment of lethal force is prohibited or undesirable. Situations for use of the less lethal weapon systems may include, but are not limited to:
i. Self-destructive, dangerous and/or combative individuals. ii. Riot/crowd control and civil unrest incidents.
iii. Circumstances where a tactical advantage can be obtained. iv. Potentially vicious animals.
v. Training exercises or approved demonstrations.
c. Authorized Use:
Only officers who have received POST certification in the use of chemical agents are authorized to use chemical agents. All other applicable LGMSPD policies remain in effect, to include, but not limited to, LGMSPD Policy 300 – Use of Force, LGMSPD Policy 404 – Crisis Response Unit (CRU).
d. Expected Lifespan:
Def Tech handheld OC/CS canisters, model #1056 – 5 years e. Annual Cost for 2025:
Def Tech handheld OC/CS canisters, model #1056 – estimated between $0 and $450 annually
9. Projectile Launch Platforms and Associated Munitions (Category 14) a. Description, quantity, capabilities, and purchase cost:
The Lewis Machine & Tool Launcher is a less lethal system that uses smokeless powder to deliver 40MM projectiles from a safe distance. The Less-Lethal launcher can launch 40MM munitions at a subject up to 25 yards. The Less-Lethal launcher is a single launcher, which allows the Officer to assess after every spent munition. Less- Lethal launcher does
ITEM NO. 9.
2026 MILITARY EQUIPMENT INVENTORY
12 not have an expiration and will need to be serviced or replaced when the launcher fails or breaks. The 40MM munition is a Direct Impact Spin Stabilized Smokeless Sponge Munition. The Sponge Baton and Impact OC munition is used as a Less-Lethal weapon designed to de-escalate a potentially violent encounter. Liquid Ferret Barricade munition is a less lethal 40mm round that is used to penetrate barriers such as Windows, hollow core doors, wallboard, and thin plywood.
i. Lewis Machine & Tool Launcher, cost: $9,932.01. quantity: 11 ii. Def Tech 40mm Direct Impact Sponge #6325,
cost: $612.00 quantity: 34
iii. Def Tech 40mm Direct Impact OC #6320LE, cost: $315.00, quantity: 15
iv. Def Tech 40mm CS powder ferret rounds, model #6182, cost: $288.00, quantity: 12
v. Def Tech 40mm CS powder rounds, model #2292, cost:
$192.00, quantity: 8
vi. Def Tech 40mm OC Ferret rounds, model #6280, cost:
$144.00, quantity: 6
b. Purpose:
To limitthe escalation of conflictwhere employment oflethalforce is prohibited or undesirable.
c. Authorized Use:
Situations for use of the less lethal weapon systems may include, but are not limited to:
i. Self-destructive, dangerous and/or combative individuals. ii. Riot/crowd control and civil unrest incidents.
iii. Circumstances where a tactical advantage can be obtained. iv. Potentially vicious animals.
v. Training exercises or approved demonstrations.
All other applicable LGMSPD policies remain in effect, to include, but notlimited to, LGMSPD Policy 300 – Use of Force.
d. Expected Lifespan:
i. 40mm Launcher: No expiration
ii. 40mm Sponge Round: 5 years
ITEM NO. 9.
2026 MILITARY EQUIPMENT INVENTORY
13 iii. 40mm OC: 5 years
iv. 40mm CS powder ferret rounds: 5 years
v. 40mm CS powder: 5 years
e. Annual Cost for 2025:
i. 40mm Launcher: estimated between $0 and $11,473.00
annually
ii. Def Tech 40mm Direct Impact Sponge #6325: estimated between $0 and $1,710.00 annually
iii. Def Tech 40mm Direct Impact OC #6320LE: estimated
between $0 and $525.00 annually
iv. Def Tech 40mm CS powder ferret rounds, model #6182:
estimated between $0 and $192.00 annually
v. Def Tech 40mm CS powder rounds, model #2292: estimated between $0 and $192.00 annually.
vi. Def tech 40mm OC Ferret rounds, model #6280:
Estimated between $0 and $192.00 annually.
ITEM NO. 9.
ORDINANCE 2329
AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS, STATE OF CALIFORNIA, ADDING ARTICLE III TO CHAPTER 21 TO THE TOWN CODE GOVERNING
THE USE OF MILITARY EQUIPMENT BY THE POLICE DEPARTMENT
WHEREAS, on September 30, 2021, Governor Gavin Newsom signed into law Assembly Bill 481, (creating Government Code Section 7070, et seq.) relating to the use of military equipment by law enforcement agencies; and
WHEREAS, Assembly Bill No. 481 ("AB 481"), requires law enforcement agencies to obtain approval of the applicable governing body, by an ordinance adopting a "military equipment" use policy, at a regular meeting held pursuant to open meeting laws, prior to taking certain actions relating to the funding, acquisition, or use of military equipment. The term "military equipment" is defined in California Government Code section 7070; and WHEREAS, AB 481 allows the governing body of a Town to approve the funding, acquisition, or use of military equipment within its jurisdiction only if it makes specified determinations; and
WHEREAS, the proposed Military Equipment Use Policy is attached hereto as Exhibit "A" and incorporated herein by this reference (the "Military Equipment Use Policy"); and WHEREAS, the proposed Military Equipment Use Policy was published on the Los Gatos Police Department's internet website on March 3, 2022, more than 30 days before the Military Equipment Use Policy was considered at a public hearing before the Town Council on April 5, 2022;and
WHEREAS, the Military Equipment Use Policy meets the requirements of California Government Code section 7070, subdivision (d).
NOW THEREFORE, THE TOWN COUNCIL OF THE TOWN OF LOS GATOS DOES HEREBY ORDAIN AS FOLLOWS:
SECTION I: That a new Article Ill is added to Chapter 21 (entitled "Police") of the Town Code of the Town of Los Gatos to read as follows:
CHAPTER 21, ARTICLE Ill. - MILITARY EQUIPMENT USE POLICY.
Sec. 21.30.010 - Findings and Purpose.
(a) The Town Council has made the following determinations:
1 of 3
Ordinance 2329 April 29, 2022
ATTACHMENT 4
ITEM NO. 9.
(1) The military equipment inventoried and presented to the Town Council is necessary because there is no reasonable alternative that can achieve the same objective of officer and civilian safety; and
(2) The Military Equipment Use Policy ("Policy") will safeguard the public's welfare, safety, civil rights, and civil liberties; and (3) The military equipment identified in the Military Equipment Use Policy is reasonably cost effective compared to available alternatives that can achieve the same objective of Officer and civilian safety; and
(4) Prior military equipment use complied with the applicable Equipment Use Policy (which included equipment now defined as military equipment) that was in effect at the time, or if prior uses did not comply with the accompanying Military Equipment Use Policy, corrective action has been taken to remedy nonconforming uses and ensure future compliance.
(b) The Police Department has submitted a proposed Policy to the Town Council and has made those documents available on the Police Department's website for at least 30 days prior to the public hearing concerning the military equipment at issue. (c) The Policy was considered by the Town Council as an agenda item in an open session of a regular meeting, noticed in accordance with the Ralph M. Brown Act, at which public comment was permitted.
(d) The Policy shall be made publicly available on the Police Department's website for as long as the military equipment is available for use.
(e) The Police Department shall submit an annual military equipment report to the Town Council, containing the information required in Government Code Section 7072, and the Town Council shall determine whether each type of military equipment identified in that report has complied with the standards for approval set forth in (a}{l}-(4) above. (f) The Town Council shall review this ordinance, and vote on whether to renew it, on an annual basis at a regular meeting, in accordance with Government Code Section 7071(e}{2)
(g) The Town Council approves the use of the Policy and finds that it satisfies the requirements of Government Code Section 7070{d)."
SECTION II. CEQA FINDINGS. This Ordinance is not a project within the meaning of Section 15378 of the California Environmental Quality Act {CEQA) Guidelines because it has no potential to result in physical change in the environment, directly or indirectly. This Ordinance is also exempt under CEQA Guideline 15061(b)(3) because it can be seen with certainty that there is no possibility that the Ordinance may have a significant effect on the environment. 2 of 3
Ordinance 2329 April 29, 2022
ITEM NO. 9.
SECTION Ill. SEVERABILITY. If any section, subsection, sentence, clause, phrase or portion of this Ordinance or its application to any person or circumstance is held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance or its application to other persons and circumstances. The Town Council of the Town of Los Gatos declares that it would have adopted this Ordinance and each section, subsection, sentence, clause, phrase, or portion thereof despite the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional and, to that end, the provisions hereof are hereby declared to be severable.
SECTION IV. EFFECTIVE DATE AND PUBLICATION. This Ordinance was introduced at a regular meeting of the Town Council of the Town of Los Gatos on the 5th day of April 2022 and adopted by the following vote as an ordinance of the Town of Los Gatos at a regular meeting of the Town Council of the Town of Los Gatos on the 19th day of April 2022. This ordinance takes effect 30 days after it is adopted. In lieu of publication of the full text of the ordinance within fifteen (15) days after its passage a summary of the ordinance may be published at least five (5) days prior to and fifteen (15) days after adoption by the Town Council and a certified copy shall be posted in the office of the Town Clerk, pursuant to GC 36933(c)(l).
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los Gatos, California, held on the 19th day of April 2022, by the following vote:
AYES
NAYS:
Mary Badame, Matthew Hudes, Maria Ristow, Marico Sayoc, Mayor Rob Rennie None
ABSENT: None
ABSTAINING: None
ATTEST:
��t�
TOWl\l CLERK OF THE TOWN OF LOS GATOS
LOS GA"!/
S
!
CALIF�
RNIA
DATE: ,-p)Q cx.0-;}."J.. I
Ordinance 2329
3 of 3
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFO��IA
DA TED: 'i I ;l? 11?-d-,
April 29, 2022
ITEM NO. 9.
1 of 2
Resolution August 18, 2026
RESOLUTION _________
RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS, RENEWING ITS
ORDINANCE APPROVING MILITARY EQUIPMENT USE POLICY AND DETERMINING THAT
MILITARY EQUIPMENT USE COMPLIES WITH POLICY
WHEREAS, on September 30, 2021, Governor Gavin Newsom signed into law Assembly Bill 481 ("AB 481 "), adding Chapter 12.8, "Funding, Acquisition and Use of Military Equipment", to Division 7 of Title 1 of the Government Code (sections 7070 - 7075), relating to the use of military equipment by California law enforcement agencies; and WHEREAS, AB 481 seeks to provide transparency, oversight, and an opportunity for meaningful public input on decisions regarding whether and how military equipment is funded, acquired, or used; and
WHEREAS, AB 481 requires, inter alia, the Police Department submit to the Town Council an annual military equipment report for each type of military equipment approved by the Town Council; and
WHEREAS, the Town has codified its “Military Equipment Use Policy” in Chapter 21, Article III, of the Town Code; and
WHEREAS, Town Code Section 21.30.010 sets forth the standards for approval of the use of military equipment; and
WHEREAS, the Town Council shall review its Ordinance approving the funding, acquisition, or use of military equipment at least annually and vote on whether to renew the Ordinance at a regular meeting; and
WHEREAS, the Town Council shall determine, based on the annual military equipment report submitted, whether each type of military equipment identified in that report has complied with the standards for approval set forth in its Ordinance; and WHEREAS, the Town Council has reviewed the annual military report submitted by the Police Department and determined the military equipment has complied with the standards for approval set forth in its Ordinance; and
NOW, THEREFORE, BE IT RESOLVED:
SECTION 1. The above recitals are true and correct and are substantial part of this resolution.
ATTACHMENT 5
ITEM NO. 9.
2 of 2
Resolution August 18, 2026
SECTION 2. The Town Council determines that the military equipment identified in the annual military equipment report complies with the standards for approval set forth in Town Code Section 21.30.010 and “Military Equipment Use Policy.” SECTION 3. Town of Los Gatos Ordinance No. 2329 is hereby renewed.
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los Gatos, California, held on the 18th day of August, 2026, by the following vote:
COUNCIL MEMBERS:
AYES:
NAYS:
ABSENT:
ABSTAIN:
SIGNED:
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
DATE:
ATTEST:
TOWN CLERK OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
DATE:
ITEM NO. 9.
PREPARED BY: Jamie Field
Chief of Police
Reviewed by: Town Manager, Assistant Town Manager, Town Attorney, and Finance Director 110 E. Main Street Los Gatos, CA 95030 ● (408) 354-6832 www.losgatosca.gov
TOWN OF LOS GATOS
COUNCIL AGENDA REPORT
MEETING DATE: 8/18/2026
ITEM NO: 10
DATE: August 18, 2026
TO: Mayor and Town Council
FROM: Chris Constantin, Town Manager
SUBJECT: Receive the Bi-Annual Police Services Report for January - June 2026.
RECOMMENDATION: Receive the Los Gatos-Monte Sereno Police Department (LGMSPD) Bi-Annual Police Services Report summarizing departmental operations, organizational initiatives, technology advancements, community engagement, regional partnerships, and public safety accomplishments occurring between January 1 and June 30, 2026.
FISCAL IMPACT:
There is no negative fiscal impact to the Town associated with receiving this report.
STRATEGIC PRIORITY:
This item aligns with the strategic priority of emergency resiliency and response capabilities, along with prudent financial management and ensuring a safe feeling in Los Gatos. It also aligns with several of the Town’s Core Goals, including Good Governance, Civic Engagement, Fiscal Stability, and Public Safety.
BACKGROUND:
This report provides an overview of significant accomplishments, operational initiatives, organizational development efforts, technology enhancements, community engagement activities, and strategic planning initiatives completed during the first six months of 2026.
While maintaining uninterrupted police services, LGMSPD personnel simultaneously prepared for several nationally significant events, including Super Bowl LX and the FIFA World Cup, implemented new public safety technologies, strengthened emergency preparedness capabilities, expanded partnerships throughout the community, and continued investing in the
ITEM NO. 10.
PAGE 2 OF 12
SUBJECT: Receive the Bi-Annual Police Services Report for January – June 2026 DATE: August 18, 2026
professional development of sworn and professional staff. Training examples include Tactical Dispatch, Why’d You Stop Me - 21st Century Policing, crisis response team training, investigative development and resources. The LGMSPD also continued advancing long-term organizational initiatives designed to improve service delivery, increase operational resiliency, modernize public safety infrastructure, and ensure LGMSPD remains positioned to address evolving needs of the communities we serve.
The first six months of 2026 represented one of the most active and transformational periods in recent LGMSPD history. These efforts reflect the LGMSPD's commitment to balancing today's operational responsibilities while proactively preparing for tomorrow's public safety challenges.
DISCUSSION:
Executive Summary
During the first half of 2026, the LGMSPD continued building upon the momentum established over recent years by investing strategically in four key areas: the LGMSPD team, operational readiness, technology, and community partnerships.
Internally, significant emphasis was placed on leadership development, employee engagement, organizational culture, and succession planning. This was evidenced through the LGMSPD Department Meeting in February, Management Team Building Workshop, and Crisis Response Commander and Supervisor training. Operationally, the LGMSPD maintained its commitment to responsive policing. Personnel participated in extensive planning efforts associated with Super Bowl LX and the FIFA World Cup, and successfully managed significant incidents occurring within the community.
Technology continued serving as a force multiplier for both officer safety and community service. The LGMSPD expanded its implementation of the Axon technology ecosystem through continued implementation of Body Worn Cameras, Fleet cameras, Axon Translate, Fusus RealTime Crime Center integration, virtual reality training, and TASER 10 deployment in the first six months of 2026. Additional investments included Verkada camera deployments, development of the Drone as First Responder program and associated policies, alarm permit modernization, and planning associated with the implementation of Next Generation 911. Collectively, these initiatives improve situational awareness, investigative capabilities, transparency, and operational efficiency while enhancing service delivery to the community. Community policing remained the hallmark of the LGMSPD's service philosophy. Personnel continued strengthening relationships with residents, businesses, schools, volunteers, nonprofit organizations, and community partners through outreach, education, volunteer programs, and youth engagement.
Events such as the Law Enforcement Torch Run, Police Foundation initiatives, Community Police Academy planning, Neighborhood Watch engagement, and school partnerships demonstrate the LGMSPD's continued belief that public safety is most effective when built upon trust, communication, and shared responsibility.
ITEM NO. 10.
PAGE 3 OF 12
SUBJECT: Receive the Bi-Annual Police Services Report for January – June 2026 DATE: August 18, 2026
Finally, the LGMSPD continued advancing several strategic initiatives intended to position LGMSPD for long-term success. Facility planning efforts, regional policing evaluations, technology modernization, organizational assessments, and continuous improvement initiatives were all undertaken while maintaining daily police operations and preserving the high level of service expected by the communities of Los Gatos and Monte Sereno.
Organizational Development and Investing in Our People
The LGMSPD recognizes that its greatest asset is its people. During the January through June 2026 reporting period, LGMSPD continued investing in employee development to maintain a highly trained, adaptable, and professional workforce. Personnel completed 1,745 hours of specialized training across 36 different instructor-led courses, certifications, conferences, and leadership programs designed to enhance operational readiness, officer safety, investigative capabilities, supervisory effectiveness, and employee wellness. These investments strengthen organizational resiliency, support succession planning, and ensure personnel remain current with evolving laws, technology, tactics, and industry best practices.
Training encompassed every major function of the organization, including leadership development through the Why’d You Stop Me 21st- Community Policing in the 21st Century, the California Police Chiefs Association Training Symposium, and the Axon Conference; advanced tactical and operational instruction including SWAT Commander, SWAT Team Leader, SWAT School, Firearms, TASER, Motor Officer School, Field Training Officer (FTO), and Officer-Involved Incident Investigations; specialized investigative training in sexual assault, child abuse, narcotics, enhanced drug identification, missing persons, emotional intelligence, and forensic alcohol investigations; emergency communications training for Tactical Dispatch and CIT Dispatch personnel; and wellness and resiliency initiatives including Peer Support and WRAP Instructor certification. Collectively, these investments enhance organizational readiness, expand specialized capabilities, and ensure LGMSPD personnel are prepared to meet the increasingly complex demands of modern municipal policing.
Several employees successfully completed Leadership Los Gatos. Participation in Leadership Los Gatos provides employees with valuable insight into the Town's governmental structure, nonprofit organizations, local businesses, and community priorities, creating stronger partnerships and a broader understanding of the community they serve. During this reportable period, two dispatchers, a Captain, and a Detective completed the Los Gatos leadership course.
As with many law enforcement agencies throughout California, recruitment and retention continue to present challenges. While statewide hiring trends remain competitive, LGMSPD remains committed to attracting and retaining highly qualified employees who embrace the Department's culture of service, professionalism, and community engagement. Recruitment efforts continued throughout the reporting period while recently hired personnel progressed through academy training, field training, and probationary development.
ITEM NO. 10.
PAGE 4 OF 12
SUBJECT: Receive the Bi-Annual Police Services Report for January – June 2026 DATE: August 18, 2026
Budgeted
Sworn
Academy Trainees
(graduation
scheduled 9/24/26)
Current
Sworn
Off for
injury/protected
leave
Field
Training
Total active
and available
39 1 35 3 3 29
Department Meeting – "Game Ready"
On February 2, 2026, the Department convened its Department Meeting held once every two years under the theme "Game Ready." The meeting brought together personnel to discuss operational readiness, reinforce Department expectations, and recognize the important role each employee plays in delivering exceptional police services and the vision and future initiatives of the LGMSPD. The Department Meeting reinforced organizational alignment, strengthened communication across divisions, recognized employee accomplishments, and ensured all personnel understood the Department's strategic priorities for the year ahead; technology advancements, potential expansion of law enforcement partnerships, recruitment, employee development, and retention.
POST Team Building Workshop
In March, Department personnel participated in a Team Building Workshop made possible through a POST grant and fiscal support of the LGMS Police Foundation. The workshop provided employees from across the organization an opportunity to strengthen communication, collaboration, trust, and problem-solving skills while examining how individual leadership styles contribute to overall organizational effectiveness. The workshop reinforced the Department's commitment to investing not only in technical proficiency, but also in the interpersonal skills necessary to maintain a resilient, high-performing team.
Specialized Training and Professional Development
A patrol officer successfully completed extensive Motor Officer training to augment, when needed, the LGMSPD's traffic enforcement program, strengthening the Department's ability to address traffic safety concerns, specialized enforcement, and support community events.
Communications dispatchers continued advancing Tactical Dispatcher training, recognizing the critical role dispatchers play during critical incidents. Tactical Dispatch training enhances the Department's ability to coordinate complex incidents, support field personnel during high-risk operations, and improve communication during rapidly evolving emergencies.
LGMSPD also celebrated accomplishments within its Explorer Program, including an LGMSPD Explorer receiving Top honors during academy training in June. The Explorer Program continues serving as an important leadership development and recruitment pathway while providing young adults valuable exposure to careers in law enforcement and public service.
ITEM NO. 10.
PAGE 5 OF 12
SUBJECT: Receive the Bi-Annual Police Services Report for January – June 2026 DATE: August 18, 2026
Operational Excellence and Public Safety
Providing exceptional public safety services requires far more than responding to calls for service. It demands continuous preparation, rigorous training, thoughtful deployment of personnel and resources, and the ability to adapt to an increasingly complex public safety environment.
Department personnel responded to thousands of calls for service, investigated criminal activity, enforced traffic laws, assisted vulnerable populations, managed critical incidents, participated in regional operations, and maintained proactive community policing efforts.
Simultaneously, employees dedicated significant time to training, regional planning, technology implementation, and specialized operational assignments designed to ensure the Department remained prepared for both routine calls and extraordinary events. During this reporting period LGMSPD also underwent a POST audit of our records, process, and personnel records compliance; and was notified to have passed. Below is a comparison chart of the communications division call volume during the same period in 2025.
January –
June
Inbound 911
calls
% of 911 calls
answered < 10 seconds
Incoming nonemergency callsNon-emergency
Outbound calls
2026 4,736 95.90% 13,925 6,555
2025 4,716 95.95% 14,863 6,767
Patrol Operations and Community Response
Patrol officers remain the most visible representatives of the Department's service delivery model, responding to emergencies, conducting proactive enforcement, and engaging with residents. While emergency (Priority 1) calls remain a core responsibility, officers also devoted considerable time to community engagement, directed patrol, follow-up investigations, traffic enforcement, school-related concerns, mental health response, and neighborhood problemsolving initiatives. The LGMSPD's community policing philosophy continues to emphasize proactive engagement rather than reactive enforcement whenever appropriate. Below comparison chart reflects response times:
January – June Priority 1 –
5 Minutes
Priority 2 –
10 Minutes
Priority 3 –
15 Minutes
2026 4:07 6:27 7:05
2025 4:22 6:28 6:59
ITEM NO. 10.
PAGE 6 OF 12
SUBJECT: Receive the Bi-Annual Police Services Report for January – June 2026 DATE: August 18, 2026
Critical Incident Response
Although the Department strives to prevent crime through proactive policing and community partnerships, personnel remained prepared to respond effectively when significant incidents occurred. During the reporting period, officers successfully managed several complex and highrisk incidents requiring coordinated responses among patrol personnel, investigators, dispatchers, supervisors, and regional partners. These included responses to barricaded subjects, bomb threat investigations, violent crime investigations, and incidents requiring specialized resources and coordinated command.
Traffic Safety and DUI Enforcement
Traffic safety remained a significant priority throughout the reporting period. Department personnel continued balancing proactive traffic enforcement with education and community outreach to improve roadway safety for motorists, bicyclists, and pedestrians. Traffic enforcement efforts and comparison are reflected in the chart below:
January – June 2025 2026 Difference
Traffic Stops 1770 2041 +271
Citations 644 1221 +577
The Department expanded its traffic safety capabilities through the continued development of its Motor Officer program and successful 2-week training completion by an officer. Specialized motorcycle enforcement enhances the Department’s ability to address speeding complaints, school-area safety concerns, collision investigations, special events, and community requests while providing increased visibility throughout both communities.
Recognizing the continued dangers associated with impaired driving, officers conducted proactive DUI enforcement throughout the reporting period. LGMSPD was the recipient of a significant grant focused on DUI enforcement in 2025 that was implemented into this reporting period. Several notable DUI arrests, including incidents involving younger drivers, reinforced the importance of continued education and enforcement efforts. Beyond enforcement alone, the Department utilized social media and public messaging to remind residents of the potentially tragic consequences associated with impaired driving. One of LGMSPD’s officers was recently recognized by Mothers Against Drunk Driving (MADD) for a centennial award of having more than 100 DUI arrests within a one-year period.
Fiscal Year FY 2024 - 2025 FY 2025 - 2026
DUI Arrests 175 204
E-Bike Education and Enforcement
The continued popularity of electric bicycles has created public safety challenges for communities throughout California. Working closely with local schools, parents, students, and
ITEM NO. 10.
PAGE 7 OF 12
SUBJECT: Receive the Bi-Annual Police Services Report for January – June 2026 DATE: August 18, 2026
community stakeholders, Department personnel continued providing education regarding applicable California Vehicle Code requirements, safe riding practices, helmet usage, and responsible operation. Officers remained committed to using education as the primary tool whenever appropriate while continuing targeted enforcement. The Department also continued refining educational materials and quick-reference resources to assist both officers and community members in understanding the evolving legal framework governing electric bicycles.
Preparing for Super Bowl LX and the FIFA World Cup
Throughout the first half of 2026, LGMSPD continued strengthening regional partnerships through collaborative planning, training, and operational support. Although neither Super Bowl LX nor FIFA World Cup matches occurred within the Town's jurisdiction, both events required extensive regional planning due to their unprecedented scale and anticipated public safety demands throughout Santa Clara County. Throughout the reporting period, Department leadership and operational personnel participated in planning meetings, training exercises, intelligence briefings, logistics coordination, communications planning, and mutual aid preparation alongside numerous local, state, and federal public safety partners.
LGMSPD's participation also included deployment of specialized resources, including the Department's Explosive Detection K-9, which supported public safety operations at Levi's Stadium as part of broader regional security efforts.
The operational accomplishments reflect a broader philosophy that preparedness is not a single event but an ongoing process. Daily patrol operations, specialized training, regional collaboration, emergency planning, and continuous evaluation collectively ensure that the Department remains ready to respond effectively regardless of the complexity of the incident.
Technology, Innovation, and Modernizing Public Safety
Technology continues to transform the delivery of municipal policing by improving officer safety, increasing operational efficiency, enhancing transparency, and expanding investigative capabilities. Each investment is evaluated based on its ability to improve decision-making, increase transparency, enhance officer and community safety, reduce administrative workload, and provide measurable public value. This deliberate approach ensures technology serves as a force multiplier that complements professional policing while preserving the LGMSPD's commitment to community-oriented service.
During the first six months of 2026, LGMSPD continued implementing its technology modernization strategy to improve officer safety, emergency response, investigative capabilities, transparency, and organizational efficiency. Investments focused on expanding the Axon technology ecosystem, advancing the Real-Time Information Center (RTIC), implementing Drone as First Responder (DFR), and enhancing investigative technologies while maintaining compliance with California privacy, transparency, and data governance requirements. These
ITEM NO. 10.
PAGE 8 OF 12
SUBJECT: Receive the Bi-Annual Police Services Report for January – June 2026 DATE: August 18, 2026
initiatives provide officers with improved situational awareness, streamline investigations, reduce administrative workload, and support informed decision-making in the field.
Technology Highlights:
Expanded the Axon technology ecosystem, including Body-Worn Cameras, Fleet Cameras, Axon Translate, Axon Virtual Reality (VR), TASER 10, and Axon Fusus. Utilized Axon Translate for 4,572 translations across 19 languages, improving communication with community members and supporting equitable access to police services. Languages detected for translation included: Arabic, Chinese (Mandarin), French, German, Greek, Hebrew, Hindi, Italian, Japanese, Korean, Persian, Polish, Portuguese, Romanian, Russian, Spanish, Tagalog, Turkish, and Vietnamese. Continued implementation of Axon VR scenario-based training to enhance decisionmaking, communication, and de-escalation skills. The Defensive Tactics and Deescalation team has been trained and are utilizing these tools in training. Expanded deployment of TASER 10 to provide officers with enhanced less-lethal response capabilities. Within two weeks of deploying this tool, it was utilized in a dynamic incident to swiftly resolve an incident that could have had an outcome resulting in potential injury to involved officers and community members. Continued implementation of Axon Fusus to establish the foundation for LGMSPD's Real-Time Information Center (RTIC) by integrating multiple public safety technologies into a single operational platform.
Completed installation of the Drone as First Responder (DFR) rooftop docking station while advancing training, policy development, and operational readiness. Expanded Verkada camera deployment to support investigations and situational awareness. Following the reporting period, integrated Verkada and ALPR technology contributed to the rapid identification of all suspects involved in the juvenile Orbeez-gun assault on multiple victims and many more investigations. Continued deployment of Flock Safety Automated License Plate Reader (ALPR) technology for systems in the Town of Los Gatos and City of Monte Sereno in compliance with California law (SB 54 and SB 34) and LGMSPD policy, supporting investigations, stolen vehicle recovery, and officer safety.
The Department remains committed to balancing technological innovation with transparency and privacy protections by maintaining publicly available policies, regular auditing, and compliance with all applicable statutory requirements.
Residential Alarm Ordinance and Permit Modernization
During the January through June 2026 reporting period, LGMSPD continued implementation of Residential Alarm Ordinance 2375 through a phased approach emphasizing education, customer service, and voluntary compliance prior to full enforcement. In collaboration with the Town Clerk, Finance Department, and Town Attorney's Office, LGMSPD completed a comprehensive review of the program's fee structure to ensure registration fees and false
ITEM NO. 10.
PAGE 9 OF 12
SUBJECT: Receive the Bi-Annual Police Services Report for January – June 2026 DATE: August 18, 2026
alarm penalties were transparent, legally supportable, and reflective of the reasonable costs associated with administering the ordinance. Initial registration fees were waived through June 30, 2026, to encourage participation while the registration process, public outreach, and educational resources were refined. LGMSPD will continue monitoring registration trends, false alarm data, and program performance.
Program Highlights:
1,100 residential alarm permits registered as of June 29, 2026. Approx. 300 resident contacts completed through phone, email, and in-person. Resident inquiries declined to an average of approximately two contacts per week following outreach and program enhancements.
Approximately 1,750 unique residential addresses generated alarm responses between 2021 and 2025, demonstrating additional opportunity to increase program participation. Transitioned to the next implementation phase on July 1, 2026, initiating registration fees for new permits while continuing an education-first approach to enforcement. Resident feedback was incorporated into updated FAQs and will be integrated into the Town's CRM311 platform to improve public access to information.
Residential Alarm Fee Schedule:
Initial Registration: $95
Renewal Registration: $50
Second False Alarm (within six months): $175
False Alarm Without Registration: $190
Emerging Technology and Innovation
LGMSPD expanded technology integration while preparing for future advancements in emergency response, autonomous vehicles, digital evidence management, and administrative automation.
Coordinated with Waymo to prepare officers for autonomous vehicle operations within the LGMSPD service area through operational familiarization and training. Continued evaluating automation and digital evidence management solutions to improve efficiency and reduce administrative workload.
Expanded technology integration to improve situational awareness, investigative capabilities, and operational decision-making through Verkada and Axon tools. Continued implementation of public-facing technology policies and governance practices to support transparency, accountability, and responsible technology deployment.
Increased use, deployment, and requests as a mutual aid resource for LGMSPD’s Utility Vehicles (UTV) from Santa Clara County Fire and Sheriff’s department to access remote areas.
ITEM NO. 10.
PAGE 10 OF 12
SUBJECT: Receive the Bi-Annual Police Services Report for January – June 2026 DATE: August 18, 2026
Community Partnerships and Community Engagement
During the first six months of 2026, LGMSPD continued strengthening community partnerships through public education, youth engagement, volunteerism, emergency preparedness, and collaborative outreach. These efforts support community policing by building trust, expanding public safety education, and strengthening relationships in Los Gatos and Monte Sereno.
Program Highlights:
Continued partnership with the Los Gatos-Monte Sereno Police Foundation, supporting technology, youth outreach, employee recognition, the inaugural Foundation newsletter, and community events, including National Night Out (August) and the annual Bocce Tournament (June).
Prepared for the 2026 Community Police Academy (September-November), providing residents with an in-depth understanding of patrol operations, investigations, dispatch, traffic enforcement, technology, and crisis response.
Conducted community presentations (26), neighborhood meetings (4), business outreach, school engagement, and public safety education. Continued youth engagement through the School Resource Officer, e-bike safety education, crime prevention programs, and the Police Explorer Program. Continued support of CERT (252 trained members / recruited 12), DART (767 volunteer hours), Volunteers in Policing (2,752 volunteer hours), and Police Explorers (42 volunteer hours) with thousands of volunteer hours annually supporting emergency preparedness, special events, crime prevention, and community outreach. Participated in the Polar Plunge (March) and the Law Enforcement Torch Run (May) benefiting Special Olympics Northern California.
Maintained publicly available policies governing emerging public safety technologies.
LGMSPD received an award of Excellence from Lexipol for Policy management.
Strategic Initiatives and Organizational Improvement
Throughout the first six months of 2026, LGMSPD continued advancing strategic initiatives. In addition to daily police operations, LGMSPD completed several major organizational initiatives, including the DLR Group Facility Consolidation Study, continued implementation of a comprehensive technology modernization strategy, advanced planning for Next Generation 911, modernized the Residential Alarm Program, and completed extensive operational, financial, and organizational planning associated with the potential expansion of regional policing services to the City of Saratoga. These initiatives position LGMSPD to meet future public safety demands while preserving the high level of municipal policing services provided to Los Gatos and Monte Sereno.
LGMSPD also continued emphasizing continuous organizational improvement by evaluating administrative processes, records management, emergency communications, technology integration, staffing models, and operational deployment strategies.
ITEM NO. 10.
PAGE 11 OF 12
SUBJECT: Receive the Bi-Annual Police Services Report for January – June 2026 DATE: August 18, 2026
Emergency Communications and Strategic Initiatives
During the January through June 2026 reporting period, LGMSPD advanced several strategic initiatives that strengthen long-term public safety capabilities, emergency communications, and regional partnerships. Key accomplishments included implementation planning for Next Generation 911 (NG911), evaluation of regional municipal policing opportunities, and preparation for emerging public safety technologies. This will help with enhanced capabilities and increased system resiliency.
LGMSPD secured approximately $407,000 in California Governor's Office of Emergency Services funding to support implementation of Next Generation 911 (NG911), California's modernization of the 911 system that will improve caller location accuracy, regional interoperability, system resiliency, and future multimedia communications.
At the request of the Town Council, LGMSPD also completed comprehensive operational, financial, legal, staffing, technology, and deployment analyses associated with the potential expansion of municipal policing services to the City of Saratoga while maintaining its commitment to preserving existing police services for Los Gatos and Monte Sereno.
To prepare for emerging transportation technologies, LGMSPD hosted operational training with Waymo's Law Enforcement Liaison and Government Relations teams, providing sworn and professional staff with an overview of autonomous vehicle operations, emergency response procedures, investigative considerations, and officer interactions. LGMSPD also continued evaluating emerging technologies, automation, artificial intelligence, cybersecurity, and legislative changes to proactively prepare for future public safety challenges.
Looking Ahead
During the second half of 2026, LGMSPD will continue implementing strategic initiatives that enhance public safety, organizational resiliency, and community engagement. Primary priorities include continued recruitment and employee development, implementation of the Drone as First Responder (DFR) program, expansion of Real-Time Information Center capabilities, continued deployment of the Axon technology ecosystem, implementation of Next Generation 911, long-term facility planning, and ongoing collaboration with the Police Foundation and community partners. LGMSPD will also continue emphasizing traffic safety, DUI enforcement, emergency preparedness, youth engagement, succession planning, and organizational development while maintaining its commitment to providing responsive, innovative, and community-focused police services.
CONCLUSION:
The first half of 2026 represented a significant period of organizational advancement for LGMSPD. While maintaining exceptional police services to the communities of Los Gatos and
ITEM NO. 10.
PAGE 12 OF 12
SUBJECT: Receive the Bi-Annual Police Services Report for January – June 2026 DATE: August 18, 2026
Monte Sereno, the organization advanced major technology initiatives, strengthened emergency communications, completed long-range facility planning, expanded community partnerships, invested in employee development, and evaluated future regional policing opportunities. Collectively, these efforts reflect LGMSPD's continued investment in its people, technology, and community while establishing a strong foundation for the future of public safety.
ENVIRONMENTAL ASSESSMENT:
This is not a project defined under CEQA, and no further action is required.
ITEM NO. 10.