Cities Index.
Agenda packet, first session

Los Gatos City Council
August 18, 2026

Document
Agenda packet, first session
Meeting
August 18, 2026
Body
Los Gatos City Council
Pages
2,106
Original file
159.8 MB
Text extracted from the city's file for reading and search. Open the original on mccmeetings.blob.core.usgovcloudapi.net. That file is the official record.

ITEM NO. 8.

PAGE 4 OF 11
SUBJECT: 16769 Farley Road/U-24-010
DATE: March 20, 2026
The substantial burden inquiry is “fact-intensive” and considers “the degree to which a land use decision is likely to impair the ability of a person or group to engage in the religious exercise in question.” (Statement of the Department of Justice on the Land Use Provisions of the Religious Land Use and Institutionalized Persons Act (RLUIPA), U.S. Department of Justice 6 (June 13, 2018) https://www.justice.gov/crt/page/file/1071251/dl).

The following factors are relevant to assessing whether a substantial burden exists:

1. The size and resources of the burdened party;

2. The actual religious needs of an individual or religious congregation;

3. The level of current or imminent space constraints;

4. Whether alternative properties are reasonably available;

5. The history of a complainant’s efforts to locate within a community; and

6. The absence of good faith by the zoning authorities.

If a land use regulation imposes a “substantial burden,” on religious exercise, the local agency must show that the regulation is the least restrictive means of furthering a compelling governmental interest. [42 U.S.C. § 2000cc(a)(1)(A)–(B)]. “Compelling interests” constitute only those interests of the “highest order,” and typically involve substantial threats to public health, peace, and welfare. (Statement of the Department of Justice on the Land Use Provisions of the Religious Land Use and Institutionalized Persona Act (RLUIPA), supra, at 7).

If a local agency demonstrates a compelling interest, the local agency must also demonstrate that its regulation is the least restrictive means of furthering the compelling interest. This means that the local agency must show that its interests could not be achieved by narrower action that burdens the religious use to a lesser degree.

In addition, RLUIPA requires the following:

1. Equal terms. “No government shall impose or implement a land use regulation in a manner that treats a religious assembly or institution on less than equal terms with a non-religious assembly or institution.” [42 U.S.C. § 2000cc(b)(1)].

2. Nondiscrimination. “No government shall impose or implement a land use regulation that discriminates against any assembly or institution on the basis of religion or religious denomination.” [42 U.S.C. § 2000cc(b)(2)].

3. Exclusions and limits. “No government shall impose or implement a land use regulation that:
a. Totally excludes religious assemblies from a jurisdiction; or b. Unreasonably limits religious assemblies, institutions, or structures within a jurisdiction.” [42 U.S.C. § 2000cc(b)(3)(A)–(B)].

Page 283 ends

ITEM NO. 8.

PAGE 5 OF 11
SUBJECT: 16769 Farley Road/U-24-010
DATE: March 20, 2026
PROJECT DESCRIPTION:

A. Location and Surrounding Neighborhood
The subject property, located at 16769 Farley Road, is approximately 700 feet west of Los Gatos Boulevard and is presently used as an institution for religious observance by WVMA.

The surrounding uses on all sides of the property are residential (Exhibit 1).

B. Project Summary
The applicant is requesting approval to modify an existing CUP to allow for the following modifications to the current hours of operation:
• Hours of operation shall not begin prior to one and a half hours before sunrise or 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.

When reviewing a CUP, the deciding body should consider the information in the applicant’s letter of justification (Exhibit 5); however, the key consideration should be the proposed use since the CUP runs with the land and the operational details can change from owner to owner. The applicant’s letter of justification provides additional background on WVMA’s congregational prayer services and information on the religious practices of Ramadan (Exhibit 5).

C. Zoning Compliance
The property is zoned R-1:8. A church, monastery, convent, and other institutions for religious observance requires a CUP in the R-1:8 zone.

DISCUSSION:

A. Zoning
Pursuant to Town Code, the proposed use is an institution for religious observance, which is allowed in the R-1:8 zone, subject to the approval of a CUP. Town Code Section

29.20.750 (8) requires Planning Commission consideration of CUPs not assigned to the Development Review Committee or Town Council.

Page 284 ends

ITEM NO. 8.

PAGE 6 OF 11
SUBJECT: 16769 Farley Road/U-24-010
DATE: March 20, 2026
B. Conditional Use Permit Modification
Town Code Section 29.20.200 provides that a use authorized by CUP shall not be modified unless a modification to the permit is approved. The following changes in use are modifications:

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 CUP approval.

The applicant proposes to modify the hours of operation to not begin prior to one and a half hours before sunrise or extend past 10:30 p.m., seven days a week to accommodate indoor, morning and nighttime prayer services, in addition to expanding the hours of operation during the 30-day month of Ramadan to 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. (Exhibit 5).

The proposed 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. The proposed modification would extend this use by one-half hour for most of the year and for one hour during Ramadan.

The applicant indicates that the CUP modification is being requested to accommodate the religious institution’s requirement for five daily prayers, as well as the required prayers during the 30-day month of Ramadan. Based on the religious institution’s faith, the prayer schedule is prescribed by sunrise and sunset timings, based on the Islamic (Lunar) calendar.

Details of the Islamic calendar, as well as background on the facility and the Islamic faith are included in the applicant’s letter of justification (Exhibit 5).

Based on concerns that the Town has received regarding the noise levels of vehicle activity on the subject property, a noise study was prepared by the applicant pursuant to Chapter 16 (Noise Ordinance) of the Town Code. The findings of the noise study determined that the applicant’s request for expanded hours of operation, in the form of vehicles arriving and departing the facility, would not exceed the Town’s Noise Ordinance (Exhibit 7).

Page 285 ends

ITEM NO. 8.

PAGE 7 OF 11
SUBJECT: 16769 Farley Road/U-24-010
DATE: March 20, 2026
In response to neighborhood concerns, additional conditions of approval have been included in Attachment A of Exhibit 2 regarding occupancy limits, general hours of operation, seasonal late-hours, noise, signage and communication, parking lot monitoring, landscaping, delivery hours, and a one-time compliance review by the Planning Commission one-year after approval.

C. Required Findings for a Conditional Use Permit Modification Pursuant to Town Code Section 29.20.190, the required findings for approval of a CUP are:

1. The proposed use of the property is essential or desirable to the public convenience or welfare;

2. The proposed use would not impair the integrity and character of the zone;

3. The proposed use would not be detrimental to public health, safety, or general welfare; 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.

In regard to the first finding, the use will continue providing an existing facility for religious observance which is essential and desirable to its members. As required by the second finding, the use will not impair the integrity and character of the residential zone in that conditions of approval regarding occupancy limits, general hours of operation, seasonal late-hours, noise, signage, communication, parking lot monitoring, landscaping, delivery hours, and a one-year compliance review will be included (Exhibit 2, Attachment A). In regard to the third finding, the use will not be detrimental to public health, safety, or general welfare because the conditions of approval address any potential noise, traffic, and safety impacts to the surrounding residential neighborhood in that the hours of operation are limited to one and a half hours before sunrise or extend past 10:30 p.m., seven days a week to accommodate indoor, morning and nighttime prayer services; 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, parking lot monitoring, and overflow parking plan set forth in the conditions of approval (Exhibit 2, Attachment A).

In regard to the fourth finding, the proposed use meets the objectives of the General Plan, as outlined in Section E. below, and Town Code, because the site is currently used for religious observance and therefore would not result in an increase in traffic impacts beyond what existed at the time of this application for a CUP modification; additionally, there is no additional square footage being proposed.

Page 286 ends

ITEM NO. 8.

PAGE 8 OF 11
SUBJECT: 16769 Farley Road/U-24-010
DATE: March 20, 2026
D. Traffic and Parking
The site is currently used for religious observance and therefore will not result in an increase in traffic impacts or required parking beyond the current use. 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. The proposed modification would extend this use by one-half hour for most of the year and for one hour during Ramadan, which is a negligible change in the hours of operation.

A site plan detailing the number of on-site parking spaces and the applicant’s efforts to communicate with its membership to utilize on-site parking and carpool, whenever possible, is provided in Exhibit 5. The applicant has indicated to staff that they are exploring a reconfiguration of the existing parking lot to add up to an additional 23 parking spaces, for a total of 203 on-site parking spaces. The conceptual plan has been included on the last page of Exhibit 6. The conceptual plan would require a formal submittal for review by Town staff to determine its conformance with the Town Code and any applicable development permits that would be required.

E. General Plan
The 2020 General Plan Land Use designation for the site is Low Density Residential. This designation provides for single-family residential properties located on generally level terrain. It encourages single-family residential development in either the standard development established by traditional zoning or by innovative forms obtained through planned development.

Applicable goals and policies of the 2024 General Plan Racial, Social, and Environmental Justice Element, as well as the 2020 General Plan Land Use and Community Design Elements include, but are not limited to the following:
• Policy LU-6.2 - Allow non-residential activity in residential areas only when the character and quality of the neighborhood can be maintained.

Conditions of approval will be included to maintain the quality and character of the neighborhood as outlined in the CUP findings above in Section C and as included in Exhibit 2, Attachment A.

Page 287 ends

ITEM NO. 8.

PAGE 9 OF 11
SUBJECT: 16769 Farley Road/U-24-010
DATE: March 20, 2026
• Action LU-6.2 - The conditional use permit approvals for non-residential uses in residential zones shall be reviewed by the Planning Commission on as-needed basis for for any adverse impacts, nuisances, or any required modifications. • The Planning Commission is the deciding body for the proposed CUP modification.

Additionally, conditions of approval will be included to address adverse impacts as outlined in the CUP findings above in Section C and as included in Exhibit 2, Attachment A.

PUBLIC COMMENTS:

Written notice was sent to property owners and tenants within 300 feet of the subject property. Public comments received by 11:00 a.m., Friday, March 20, 2026, are included as Exhibit 10. The applicant’s neighborhood outreach efforts are detailed in Exhibits 6 and 10.

CEQA DETERMINATION:

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. Furthermore, none of the exceptions to Categorical Exemptions set forth in 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. The proposed modification would extend this use by one-half hour for most of the year and for one hour during Ramadan, which is a negligible change in the hours of operation.

CONCLUSION:

A. Summary
The applicant is requesting approval for modification of an existing CUP to allow for the following clarification and expansion of the hours of operation:

Page 288 ends

ITEM NO. 8.

PAGE 10 OF 11
SUBJECT: 16769 Farley Road/U-24-010
DATE: March 20, 2026
• Hours of operation shall not begin prior to one and a half hours before sunrise or 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.

No change in use or additional square footage is proposed; therefore, there will be no increase in traffic impacts or required parking. The proposed use would be in conformance with the Town Code and is consistent with the General Plan.

B. Recommendation
Based on the analysis above, staff recommends approval of a modification of the CUP subject to the recommended conditions of approval included as Exhibit 2, Attachment A. If the Planning Commission finds merit with the request, it should:

1. Find that the proposed project is Categorically Exempt, pursuant Guidelines for the Implementation of the California Environmental Quality Act, Section 15301;

2. Find that the project meets the objective standards of Chapter 29 of the Town Code (Zoning Regulations)

3. Make findings as required by Town Code section 29.20.190 for granting approval of a modification to a CUP; and

4. Adopt the draft Resolution to approve the CUP application, U-24-010, with the recommended conditions of approval contained in Exhibit 2, Attachment A.

C. Alternatives
Alternatively, the Planning Commission can:

1. Continue the matter to a date certain with specific direction; or

2. Approve the application with additional and/or modified conditions; or

3. Deny the application.

Page 289 ends

ITEM NO. 8.

PAGE 11 OF 11
SUBJECT: 16769 Farley Road/U-24-010
DATE: March 20, 2026
EXHIBITS:

1. Location Map

2. Draft Resolution Making the Required Findings and Approving the Application Subject to the Conditionals of Approval (Included as Attachment A)

3. Conditional Use Permit U-89-11

4. Conditional Use Permit U-20-001; March 11, 2020 Planning Commission Staff Report; and March 11, 2020 Planning Commission Minutes

5. Letter of Justification

6. Neighborhood Outreach

7. Noise Analysis

8. Site Map

9. Applicant's Response to Public Comments Regarding Noise

10. Additional Information from the Applicant

11. Public Comments Received by 11:00 a.m., Friday, March 20, 2026, with Attachment A, Videos Provided as Part of Public Comments

Page 290 ends

ITEM NO. 8.

This Page
Intentionally
Left Blank

Page 291 ends

ITEM NO. 8.

FARLEY RD

CHIRCO DR

FRANK AV

IZORAH WY

FLINTRIDGE DR

BENEDICT LN

CORINNE DR

LOS GATOS BL
NB HIGHWAY 17

AUGUSTINE AV
16769 Farley Road
0 0.125 0.25
Miles
°
EXHIBIT 1 Page 292
ITEM NO. 8.

This Page
Intentionally
Left Blank

Page 293 ends

ITEM NO. 8.
1 of 5
Resolution 26 - _______ __, 2026
RESOLUTION 2026-

RESOLUTION OF THE PLANNING COMMISSION OF THE TOWN
OF LOS GATOS APPROVING CONDITIONAL USE PERMIT U-24-010

FOR A REQUEST TO MODIFY AN EXISTING CONDITIONAL

USE PERMIT FOR EXPANDED HOURS OF OPERATION IN AN INSTITUTION

FOR RELIGIOUS OBSERVANCE (WEST VALLEY MUSLIM ASSOCIATION) ON PROPERTY ZONED R-1:8.

PROPERTY LOCATION: 16769 FARLEY ROAD
APN 424-21-062
CONDITIONAL USE PERMIT APPLICATION: U-24-010
PROPERTY OWNER: WEST VALLEY MUSLIM ASSOCIATION,

OSMAR GHAFOOR, PRESIDENT
APPLICANT: RAZI MOHIUDDIN
WHEREAS, the applicant requests approval to modify an existing Conditional Use Permit (CUP) to expand the hours of operation in an institution for religious observance (West Valley Muslim Association) on property located at 16769 Farley Road (Santa Clara County Assessor Parcel Number 424-21-062); and
WHEREAS, a CUP (U-89-11) was approved for this location on January 10, 1990; and WHEREAS, the original CUP (U-89-11) authorized maintaining an existing church facility and allowed the improvement and expansion of an existing institution for religious observance facility with hours of operation that were not allowed to extend past 10:00 p.m.; and WHEREAS, on March 11, 2020, the Planning Commission approved a modification to the original CUP (U-20-001); and
WHEREAS, the modified CUP (U-20-001) changed the hours of operation to allow for operation from 10:00 p.m. to 11:00 p.m., for 30 days annually during the month of Ramadan for religious services; and
WHEREAS, the applicants seek a modification of the current CUP to expand the hours of operations to be: 1.5 hours before sunrise or extend past 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 EXHIBIT 2

Page 294 ends

ITEM NO. 8.
2 of 5
Resolution 26 - _______ __, 2026
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.

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, this matter came before the Planning Commission for a public hearing on March 25, 2026, and was regularly noticed in conformance with state and Town law; and WHEREAS, on March 25, 2026, the Planning Commission held a public hearing and received testimony from the applicant and all interested persons who wished to testify or submit documents. The Planning Commission considered all testimony and materials submitted, along with any and all subsequent reports and materials prepared concerning this application; and
NOW, THEREFORE, BE IT RESOLVED, CUP application (U-24-001), as attached in Exhibit A, is approved. The original CUP, U-89-11, and the modification CUP U-20-001 are superseded.

The Planning Commission of the Town of Los Gatos approves the application for a modification to the CUP based on the following findings:

1. The 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 hearing. (A) Finding required for the California Environmental Quality Act (CEQA):

The project is Categorically Exempt pursuant to the adopted Guidelines for the Implementation of the California Environmental Quality Act (CEQA), Section 15301: Existing Facilities. No significant effect on the environment will occur since the project uses an existing structure with proposed changes to the building size or parking lot size, no increase in floor area, and negligible or no expansion of use beyond that existing at the time of this determinationexisting 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

Page 295 ends

ITEM NO. 8.
3 of 5
Resolution 26 - _______ __, 2026
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 p.m. for most of the year and until 11 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 heavilyattended 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:

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 which is essential and desirable to its members; and

2. The proposed use would not impair the integrity and character of the residential zone in that conditions of approval regarding occupancy limits, general hours of operation, seasonal late-hours, noise, signage, communication, parking lot monitoring, landscaping, delivery hours, and a one-year compliance review will be included; and

3. The proposed use would not be detrimental to public health, safety, or general welfare because the conditions of approval address any potential impacts in that the hours of operation shall not begin prior to one and onehalf hours before sunrise or extend past 10:30 p.m., seven days a week to accommodate indoor, morning and nighttime prayer services; 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, parking lot 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 the site is currently used for religious observance and therefore would not

Page 296 ends

ITEM NO. 8.
4 of 5
Resolution 26 - _______ __, 2026
result in an increase in traffic impacts beyond what existed at the time of this application for a CUP modification; there is no additional 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.

2. The Planning Commission of the Town of Los Gatos approves Conditional Use Permit Application (U-24-010) for expanded hours of operation in an institution for religious observance (West Valley Muslim Association) on property zoned R-1:8, located at 16769 Farley Road; and Assessor Parcel Number 424-21-062, subject to the attached Conditions of Approval included as Exhibit A.

3. Pursuant to Town Code Section 29.20.275, this decision is appealable to the Town Council within ten days.

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 Planning Commission of the Town of Los Gatos, California, held on the 25th day of March 2026, by the following vote:

PLANNING COMMISSIONERS:

AYES:

NAYS:

ABSENT:

ABSTAIN:

SIGNED:

CHAIR OF THE TOWN OF LOS GATOS

PLANNING COMMISSION
DATE: __________________
ATTEST:

COMMUNITY DEVELOPMENT DIRECTOR

Page 297 ends

ITEM NO. 8.
5 of 5
Resolution 26 - _______ __, 2026
DATE: __________________

Page 298 ends

ITEM NO. 8.

Planning Commission – March 25, 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 permittee 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 ATTACHMENT A Page 299
ITEM NO. 8.
approval, compliance or failure to comply with applicable laws and regulations, and/or processing methods (“Challenge”). Town may (but is not obligated to) defend such Challenge as Town, in its sole discretion, determines appropriate, all at applicant’s sole cost and expense.

Applicant shall bear any and all losses, damages, injuries, liabilities, costs and expenses (including, without limitation, staff time and in-house attorney’s fees on a fully-loaded basis, attorney’s fees for outside legal counsel, expert witness fees, court costs, and other litigation expenses) arising out of or related to any Challenge (“Costs”), whether incurred by Applicant, Town, or awarded to any third party, and shall pay to the Town upon demand any Costs incurred by the Town. No modification of the Project, any application, permit certification, condition, environmental determination, other approval, change in applicable laws and regulations, or change in such Challenge as Town, in its sole discretion, determines appropriate, all 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.

B. Use and Occupancy

7. Permitted Use
Operate an existing institution for religious observance. In addition to worship services, the permittee 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.

8. 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.

9. Occupancy Limits
On-site events shall be limited to the maximum building occupancy established by Fire and Building Code.

C. Hours of Operation and Noise

10. General Hours
Hours of operation shall not begin earlier than 1.5 hours before sunrise or extend past 10:30 p.m. daily, except as specified in Condition 11, Seasonal Late-Hours Exception.

11. 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.

Page 300 ends

ITEM NO. 8.

The permittee 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.

12. 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.

13. Noise Mitigation
Amplified outdoor sound which would be in violation of Town Code Section 16.20.015 is prohibited unless specifically authorized by the Community Development Director.

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. – 8:00am.
a. Parking Lot Operations – During Quiet Hours when a service is not in session, the lot may only be used for ingress, egress, security, emergency access, or use by the leaders’ quarters occupants.
b. Building Operations – Windows facing residences shall remain closed during Quiet Hours. Doors facing residences shall remain closed during Quiet Hours, except when necessary to permit ingress and egress to the building for morning and nighttime services. Doors may be opened for the limited purpose of ingress and egress. c. Lighting – All site and parking lot lighting shall be full-cutoff, downward-directed, and dimmed to security levels during Quiet Hours.
d. Signage and Communication – The permittee 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.

14. Lot Closure Rule
Notwithstanding the Quiet Hours limitation, 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.

D. Parking and Traffic

15. Monthly Communication
The permittee shall continue monthly outreach to members encouraging carpooling, use of on-site spaces, and to be sensitive to the concerns of the neighborhood residents.

16. Parking Lot Monitoring
For events anticipated to exceed available on-site parking, the permittee shall implement traffic management measures which may include parking attendants, directional signage,

Page 301 ends

ITEM NO. 8.
carpooling encouragement, or other measures. The permittee 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. 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.

17. 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. Permittee shall make accommodation to facilitate access by public safety resources when necessary.

18. Event Parking Overflow Plan
For events where on-site parking is insufficient to accommodate parking demand, the permittee shall implement an overflow parking plan.

E. Facilities and Site Design

19. Electric Gate
Any future modification to the existing electronic sliding gate, or installation of a new electronic sliding gate shall include sound reducing approaches and technologies.

20. Landscape Plantings
Sufficient shrubs shall be planted and maintained to obscure vehicle headlights along fence lines abutting Chirco Drive, Corcel Court, and 16793 Farley Road, as approved by the Community Development Director within one year after the date of this approval.

F. Community Interface

21. Activity Calendar and Community Interface
The permittee 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. Contact information for facility representatives shall be available on the website.

22. Deliveries
Deliveries by vehicles exceeding 26,000 pounds GVWR shall occur between 8:00 a.m. and 8:00 p.m., Monday through Saturday.

23. Compliance Review
One year after the date of this approval, the Planning Commission shall conduct a onetime review to review any impacts of the increased hours. This compliance review shall be completed at the permittee’s expense.

Page 302 ends

ITEM NO. 8.

G. Other Conditions

24. 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 permittee 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 congregation in the parking lot to adhere to Quiet Hours requirements. c. Compliance with all applicable Conditions of Approval.

Documentation of this communication (e.g., copy of written notice, email, and posting on the facility’s website) shall be maintained on file and made available to the Community Development Director upon request.

25. Compliance with Laws. The permittee shall comply with all applicable federal, state, and local laws, including the Town Code, as they may be amended from time to time. This includes, but is not limited to, compliance with all updated zoning, building, noise, traffic, parking, and environmental regulations enacted by the Town Council.

Page 303 ends

ITEM NO. 8.

This Page
Intentionally
Left Blank

Page 304 ends

ITEM NO. 8.

EXHIBIT 3

Page 305 ends

ITEM NO. 8.

Page 306 ends

ITEM NO. 8.
\\TLG-FILE\DATA\DEV\CONDITIONS\2020\FARLEY RD 16769 - PC - 3-11-20-COA.DOCX Planning Commission –March 11, 2020

CONDITIONS OF APPROVAL
16769 Farley Road
Conditional Use Permit Application U-20-001
Requesting approval of a modification to 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.

PROPERTY OWNER: West Valley Muslim Association
APPLICANT: Javed Khan
TO THE SATISFACTION OF THE DIRECTOR OF COMMUNITY DEVELOPMENT:

Planning Division

1. APPROVAL: This application shall be completed in accordance with all of the conditions of approval and in substantial compliance with the approved plans. Any changes or modifications to the approved plans shall be approved by the Community Development Director, DRC or the Planning Commission depending on the scope of the changes.

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 a period of one (1) year, the approval lapses pursuant to Section 29.20.340 of the Zoning Ordinance.

4. CERTIFICATE OF USE AND OCCUPANCY: A Certificate of Use and Occupancy must be obtained prior to commencement of use.

5. TOWN INDEMNITY: Applicants are notified that Town Code Section 1.10.115 requires that any applicant who receives a permit or entitlement from the Town shall defend, indemnify, and hold harmless the Town and its officials in any action brought by a third party to overturn, set aside, or void the permit or entitlement. This requirement is a condition of approval of all such permits and entitlements whether or not expressly set forth in the approval, and may be secured to the satisfaction of the Town Attorney.

6. COMPLIANCE MEMEMORANDUM: A memorandum, in compliance with standard Town practice, shall be prepared and submitted with the building permit detailing how the conditions of approval will be addressed.

7. USE: Maintain an existing Church facility

8. The leaders’ quarters shall not be allowed for any use other than living quarters for leaders associated with the institution.

9. HOURS: Maximum hours of operation shall not extend past 10:00 p.m. except for 30 days during religious service for the month of Ramadan which hours of operation shall not extend past 11:00 p.m.

10. Windows on the west elevation shall remain closed.

EXHIBIT 4 Page 307
ITEM NO. 8.

This Page
Intentionally
Left Blank

Page 308 ends

ITEM NO. 8.

PREPARED BY: Diego Mora
Assistant Planner
Reviewed by: Planning Manager and Community Development Director 110 E. Main Street Los Gatos, CA 95030 ● (408) 354-6872 www.losgatosca.gov

TOWN OF LOS GATOS

PLANNING COMMISSION
REPORT
MEETING DATE: 03/11/2020
ITEM NO: 2
DATE: March 6, 2020
TO: Planning Commission
FROM: Joel Paulson, Community Development Director
SUBJECT: Requesting approval of a modification to an existing Conditional Use Permit for expanded hours of operation in an institution for religious observance (West Valley Muslim Association), located at 16769 Farley Road (APN 424-21- 062). Conditional Use Permit Application U-20-001. Property Owner: West Valley Muslim Association. Applicant: Javed Khan.

RECOMMENDATION:

Approval, subject to the recommended Conditions of Approval.

PROJECT DATA:

General Plan Designation: Low Density Residential
Zoning Designation: Single-Family Residential, R-1:8
Applicable Plans & Standards: General Plan
Parcel Size: 0.21 acres
Surrounding Area:

Existing Land Use General Plan Zoning
North Residential Low Density Residential R-1:8
South Residential Low Density Residential R-1:8
East Residential Low Density Residential R-1:8
East Residential Low Density Residential R-1:8

Page 309 ends

ITEM NO. 8.

PAGE 2 OF 5
SUBJECT: 16769 Farley Road/U-20-001
DATE: March 6, 2020
CEQA:

The project is Categorically Exempt pursuant to the adopted Guidelines for the Implementation of the California Environmental Quality Act, 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.

FINDINGS:
▪ The project is Categorically Exempt pursuant to the adopted Guidelines for the Implementation of California Environmental Quality Act, 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.
▪ As required by Section 29.20.190 of the Town Code for granting approval of a Conditional Use Permit application.

ACTION:

The decision of the Planning Commission is final unless appealed within ten days.

BACKGROUND:

On January 10, 1990, the Planning Commission approved a Conditional Use Permit (U-89-11) to allow the improvement and expansion of an existing institution for religious observance facility (Exhibit 4).

PROJECT DESCRIPTION:

A. Location and Surrounding Neighborhood
The subject site, located at 16769 Farley Road approximately 700 feet west of Los Gatos Boulevard, is currently used for religious observance. The adjacent properties on all sides are zoned R-1:8 (Exhibit 1).

B. Project Summary
The applicant is requesting approval of a Conditional Use Permit (CUP) modification for expanded hours of operation from 10:00 p.m. to 11:00 p.m., for 30 days annually during the religious service month of Ramadan.

When reviewing a CUP, the deciding body should consider the information in the applicant’s Written Description (Exhibit 5); however, the key consideration should be the proposed use

Page 310 ends

ITEM NO. 8.

PAGE 3 OF 5
SUBJECT: 16769 Farley Road/U-20-001
DATE: March 6, 2020
PROJECT DESCRIPTION (continued):
since the CUP runs with the land and the operational details can change from owner to owner.

C. Zoning Compliance
Pursuant to Town Code, the proposed use is an institution for religious observance, which is allowed in the R-1:8 zone, subject to the approval of a CUP. Section 29.20.750(8) of the Town Code (Zoning Regulations) requires Planning Comission consideration of CUPs not assigned to the Development Review Committee or Town Council.

DISCUSSION:

A. Conditional Use Permit Application
The applicant proposes to expand the hours of operation from 10:00 p.m. to 11:00 p.m., for 30 days annually during the religious service month of Ramadan. The applicant has provided a Written Description (Exhibit 5) describing operational details for the proposed use.

The applicant indicates that the service month of Ramadan changes based on the lunar calendar. For the year 2020, Ramadan will be from April 23, 2020 to May 23, 2020.

Ramadan prayer services begin at 8:30 p.m., with an anticipated 10 to 25 members using the facility. The applicant is requesting expanded hours of operation from 10:00 p.m. to 11:00 p.m., to allow participants and West Valley Muslim Association members to attend the prayer service.

B. Traffic and Parking
The site is currently used for religious observance and there would be no increase in traffic impacts or required parking.

C. Conditional Use Permit Findings
In order to grant approval of a CUP, the deciding body must make the following findings:

1. The proposed use of the property is essential or desirable to the public convenience or welfare; and

2. The proposed use would not impair the integrity and character of the zone; and

3. The proposed use would not be detrimental to public health, safety, or general welfare; and

Page 311 ends

ITEM NO. 8.

PAGE 4 OF 5
SUBJECT: 16769 Farley Road/U-20-001
DATE: March 6, 2020
DISCUSSION (continued):

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.

With regards to the first finding, the use will continue providing a facility for religious observance to which members have grown accustomed. With regards to the second finding, the use will not impair the integrity of the zone because limitations will be placed in the conditions of approval to preserve the character of the residential zone. With regards to the third finding, the use will not be detrimental to public health safety or general welfare because the conditions of approval will address any potential impacts. With regards to the final finding, the proposed use meets the objectives of the General Plan and Town Code as discussed within this report.

D. General Plan
Institutions for religious observance are distributed throughout the Town. The use is consistent with the Low Density Residential General Plan land use designation for the property with the approval of a CUP. The proposed project would have no exterior impacts, maintaining the small-town, residential scale and natural environments of adjacent residential neighborhoods.

The goals and policies of the 2020 General Plan applicable to this project include, but are not limited to:
• Policy LU-6.2 - Allow non-residential activity in residential areas only when the character and quality of the neighborhood can be maintained. • Action LU-6.2 - The conditional use permit approvals for non-residential uses in residential zones shall be reviewed by the Planning Commission on an as-needed basis for any adverse impacts, nuisances, or any required modifications.

E. CEQA Determination
The project is Categorically Exempt pursuant to the adopted Guidelines for the Implementation of the California Environmental Quality Act, 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.

PUBLIC COMMENTS:

Written notice was sent to property owners and tenants within 300 feet of the subject property. At the time of this report’s preparation, the Town has not received any public comments.

Page 312 ends

ITEM NO. 8.

PAGE 5 OF 5
SUBJECT: 16769 Farley Road/U-20-001
DATE: March 6, 2020
CONCLUSION:

A. Summary
The applicant is requesting approval of a modification to an existing CUP for expanded hours of operation from 10:00 p.m. to 11:00 p.m., in an existing institution for religious observance, for 30 days annually during the religious service month of Ramadan.

No change in use or additional square footage is proposed; therefore, there will be no increase in traffic impacts or required parking. The proposed use would be in conformance with the Town Code and is consistent with the General Plan.

B. Recommendation
Based on the analysis above, staff recommends approval of the CUP subject to the recommended conditions of approval (Exhibit 3). If the Planning Commission finds merit with the proposed project, it should:

1. Make the finding that the proposed project is categorically exempt, pursuant to Section 15301 of the California Environmental Quality Act as adopted by the Town (Exhibit 2); and

2. Make the findings as required by Section 29.20.190 of the Town Code for granting approval of a CUP (Exhibit 2); and

3. Approve CUP modification application U-20-001 with the conditions of approval attached in Exhibit 3.

C. Alternatives
Alternatively, the Commission can:

1. Continue the matter to a date certain with specific direction; or

2. Approve the application with additional and/or modified conditions; or

3. Deny the application.

Exhibits:

1. Location Map

2. Required Findings for Conditional Use Permit

3. Recommended Conditions of Approval

4. Existing Conditional Use Permit (U-89-11)

5. Written Description

Page 313 ends

ITEM NO. 8.

LOS GATOS BL

GARDEN HILL DR

FARLEY RD

FRANK AV

LEROY AV

CHIRCO DR

BENEDICT LN

IZORAH WY

CORINNE DR

FLINTRIDGE DR

FRANK CT

AUGUSTINE AV

CHIRCO CT
16769 Farley Road
°
EXHIBIT 1

Page 314 ends

ITEM NO. 8.

This Page
Intentionally
Left Blank

Page 315 ends

ITEM NO. 8.

PLANNING COMMISSION – March 11, 2020
REQUIRED FINDINGS FOR:
16769 Farley Road
Conditional Use Permit Application U-20-001
Requesting approval of a modification to 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.

PROPERTY OWNER: West Valley Muslim Association
APPLICANT: Javed Khan

FINDINGS
Required Finding for CEQA:
▪ The project is Categorically Exempt pursuant to the adopted Guidelines for the Implementation of California Environmental Quality Act, 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.

Required findings for a Conditional Use Permit:
▪ As required by Section 29.20.190 of the Town Code for granting a Conditional Use Permit:

The deciding body, on the basis of the evidence submitted at the hearing, may grant a conditional use permit when specifically authorized by the provisions of the Town Code if it finds that:

1. The proposed use of the property is essential or desirable to the public convenience or welfare because it will continue providing a facility for religious observance to which members have grown accustomed; and

2. The proposed use would not impair the integrity and character of the zone because limitations will be placed in the conditions of approval to preserve the character of the residential zone; and

3. The proposed use would not be detrimental to public health, safety, or general welfare because the conditions of approval will address any potential impacts; 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.

EXHIBIT 2
N:\DEV\FINDINGS\2020\FARLEY ROAD, 16769 - PC FINDINGS 03-11-20.DOCX

Page 316 ends

ITEM NO. 8.

This Page
Intentionally
Left Blank

Page 317 ends

ITEM NO. 8.

S:\PLANNING COMMISSION REPORTS\2020\03-11-20\16769 FARLEY ROAD\EXHIBIT 3 - RECOMMENDED CONDITIONS OF APPROVAL.DOCX Planning Commission –March 11, 2020

CONDITIONS OF APPROVAL
16769 Farley Road
Conditional Use Permit Application U-20-001
Requesting approval of a modification to 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.

PROPERTY OWNER: West Valley Muslim Association
APPLICANT: Javed Khan
TO THE SATISFACTION OF THE DIRECTOR OF COMMUNITY DEVELOPMENT:

Planning Division

1. APPROVAL: This application shall be completed in accordance with all of the conditions of approval and in substantial compliance with the approved plans. Any changes or modifications to the approved plans shall be approved by the Community Development Director, DRC or the Planning Commission depending on the scope of the changes.

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 a period of one (1) year, the approval lapses pursuant to Section 29.20.340 of the Zoning Ordinance.

4. CERTIFICATE OF USE AND OCCUPANCY: A Certificate of Use and Occupancy must be obtained prior to commencement of use.

5. TOWN INDEMNITY: Applicants are notified that Town Code Section 1.10.115 requires that any applicant who receives a permit or entitlement from the Town shall defend, indemnify, and hold harmless the Town and its officials in any action brought by a third party to overturn, set aside, or void the permit or entitlement. This requirement is a condition of approval of all such permits and entitlements whether or not expressly set forth in the approval, and may be secured to the satisfaction of the Town Attorney.

6. COMPLIANCE MEMEMORANDUM: A memorandum, in compliance with standard Town practice, shall be prepared and submitted with the building permit detailing how the conditions of approval will be addressed.

7. USE: Maintain an existing Church facility

8. A Tree Removal Permit is to be obtained prior to the issuance for a Building Permit.

9. The leaders’ quarters shall not be allowed for any use other than living quarters for ministers leaders associated with the church facility institution.

10. HOURS: Maximum Hhours of operation shall not extend past 10:00 p.m. except for 30 days during religious service for the month of Ramadan which hours of operation shall not extend past 11:00 p.m.

EXHIBIT 3

Page 318 ends

ITEM NO. 8.

S:\PLANNING COMMISSION REPORTS\2020\03-11-20\16769 FARLEY ROAD\EXHIBIT 3 - RECOMMENDED CONDITIONS OF APPROVAL.DOCX

11. Windows on the west elevation shall remain closed.

12. The new fence on the easterly side of the property shall be of the same type of redwood as currently exists there now.

13. Final drainage driveway plan to be provided.

14. An Encroachment Permit shall be obtained for any work in the public right-of-way.

Page 319 ends

ITEM NO. 8.

EXHIBIT 4

Page 320 ends

ITEM NO. 8.

Page 321 ends

ITEM NO. 8.

EXHIBIT 5

Page 322 ends

ITEM NO. 8.

This Page
Intentionally
Left Blank

Page 323 ends

ITEM NO. 8.
110 E. Main Street Los Gatos, CA 95030 ● 408-354-6832
www.losgatosca.gov

TOWN OF LOS GATOS

PLANNING COMMISSION
REPORT

MINUTES OF THE PLANNING COMMISSION MEETING
MARCH 11, 2020
The Planning Commission of the Town of Los Gatos conducted a Regular Meeting on Wednesday, March 11, 2020, at 7:00 p.m.

MEETING CALLED TO ORDER AT 7:00 P.M.

ROLL CALL

Present: Chair Melanie Hanssen, Vice Chair Kathryn Janoff , Commissioner Mary Badame, Commissioner Jeffrey Barnett, Commissioner Matthew Hudes, and Commissioner Reza Tavana

Absent: Commissioner Kendra Burch

PLEDGE OF ALLEGIANCE
Commissioner Badame led the Pledge of Allegiance. The audience was invited to participate.

VERBAL COMMUNICATIONS
None.

CONSENT ITEMS (TO BE ACTED UPON BY A SINGLE MOTION)

1. Approval of Minutes – February 26, 2020.

MOTION: Motion by Commissioner Badame to approve adoption of the Consent Calendar. Seconded by Commissioner Hudes.

VOTE: Motion passed unanimously

PUBLIC HEARINGS

2. 16769 Farley Road
APN 424-21-062
Applicant: Javed Khan
Property Owner: West Valley Muslim Association
Requesting approval of a modification to an existing Conditional Use Permit for expanded hours of operation in an institution for religious observance (West Valley Muslim Association).

Page 324 ends

ITEM NO. 8.

PAGE 2 OF 3
MINUTES OF PLANNING COMMISSION MEETING OF MARCH 11, 2020 N:\DEV\PC\PC MINUTES\2020 PC Minutes\03-11-20 PC ACTION MINUTES.docx Diego Mora, Assistant Planner, presented the staff report.

Opened Public Comment.

Kareem Syed, WVMA Community Outreach Director
- They request to extend the hours of operations from 10:00 p.m. to 11:00 p.m. during the month of Ramadan to allow services to finish and for people to exit the facility.

Unidentified Male
- He lives close to the subject site. He arrived late and missed some of the applicant's presentation and asked how much of a time extension the applicant had requested.

Kareem Syed, WVMA Community Outreach Director
- The extended hours of use would be from 10:00 p.m. to 11:00 p.m., and for that amount of time they expect possibly 5-10 cars to leave prior to 11:00 p.m., so it would not be extensive. The extended hours would be for the month of Ramadan, starting around the end of April and going into May, and the remainder of the year operations would end at 10:00 p.m.

Closed Public Comment.

Commissioners discussed the matter.

MOTION: Motion by Commissioner Barnett to approve a modification to an existing Conditional Use Permit for 16769 Farley Road. Seconded by Commissioner Hudes.

VOTE: Motion passed unanimously.

OTHER BUSINESS

REPORT FROM THE DIRECTOR OF COMMUNITY DEVELOPMENT
Joel Paulson, Director of Community Development
• The Town Council met on 3/3/20 and considered an appeal of the 15365 Santella Court project that was approved by the Planning Commission. Town Council denied the appeal and approved the project.
• The General Plan Advisory Committee will meet on 3/19/20 to discuss the Human Services Element for the General Plan Update.

Page 325 ends

ITEM NO. 8.

PAGE 3 OF 3
MINUTES OF PLANNING COMMISSION MEETING OF MARCH 11, 2020 N:\DEV\PC\PC MINUTES\2020 PC Minutes\03-11-20 PC ACTION MINUTES.docx • The Town Council will meet on 3/17/20 to discuss the General Plan land use alternative that the Planning Commission discussed, large family daycare, accessory dwelling units, and the General Plan Annual Progress Report.

SUBCOMMITTEE REPORTS/COMMISSION MATTERS
None.

ADJOURNMENT
The meeting adjourned at 7:22 p.m.

This is to certify that the foregoing is a true
and correct copy of the minutes of the
March 11, 2020 meeting as approved by the
Planning Commission.
_____________________________
/s/ Vicki Blandin

Page 326 ends

ITEM NO. 8.

Request for Modification of Conditional Use Permit Page | 1 of 26 Request for Modification of Conditional Use Permit - Letter of Justification 04/29/2025
Address: 16769 Farley Road, Los Gatos CA 95032
Property Zoned: R-1:8
APN: 424-21-062
Owner and Applicant: West Valley Muslim Association (WVMA) Conditional Use Permit Application: U-24-010
Planner: Jocelyn Shoopman, Senior Planner, Town of Los Gatos

CUP MODIFICATION REQUEST
West Valley Muslim Association (“WVMA”), a religious non-profit organization, currently operates a mosque at 16769 Farley Road, Los Gatos under a Conditional Use Permit U-20-001 issued on March 11, 2020. This most recent CUP replaced an original one issued to the Los Gatos Congregation of Jehovah’s Witnesses, Inc. on January 25, 1990.

The facility is 2.76 acres of land, has ~12,000 sq. ft. of indoor space across three auditoriums, and 180 parking spaces.

This facility was constructed, in its current size, in 1990 when the original CUP was issued.

WVMA is requesting a clarification of the Conditional Use Permit to establish a time of day before which services are not allowed, allow usage of our facility until 10:30 p.m., and usage once a year during the holy month of Ramadan, to accommodate indoor religious prayers.
● Morning Hours: Indoor prayer services starting one hour and half prior to sunrise. ● Nighttime Hours: Indoor prayer services until 10:30 p.m. ● During the 30-day month of Ramadan: Indoor prayer services until:
○ 11:30 p.m. whenever sunset is before 7:30 p.m. (e.g., from now to the year 2039), or ○ 12:00 a.m. whenever sunset is after 7:30 p.m. (e.g., 2040 to 2054). ● Any impact based on changes to Federal, California or local laws related to start and end of Daylight Savings Time should be incorporated into the allowed timings for use of the facility indoors for dawn and nighttime prayers.

Current Language:

Maximum hours of operation shall not extend past 10:00 p.m. except for 30 days during religious service for the month of Ramadan which hours of operation shall not extend past 11:00 p.m.

Requested Modification:

Maximum hours of operation shall not begin prior to one hour and half before sunrise, or extend past 10:30 p.m. except for 30 days during the months of Ramadan until 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.

The letter provides critical background information about the vision of the organization, our long and extensive search to find a home, congregational prayers, and information about Ramadan prayers that we believe is important to understand our religious norms, practices, and practicalities that are at the core of our usage, and central to this application. We have detailed our outreach to neighbors, their feedback, and the many actions we have already undertaken or propose to take to address the feedback we received. Additionally, we are including a noise study performed by Salter, that concludes that their measurements and analysis indicate that the requested extended use hours would not violate the Town’s noise standards.

EXHIBIT 5

Page 327 ends

ITEM NO. 8.

Request for Modification of Conditional Use Permit Page | 2 of 26 Reasons for the Modifications
We are requesting modification of the CUP to allow on-site five daily prayers and Ramadan prayers, as prescribed for Muslims, by our faith. Our daily prayer schedule is based on sunrise and sunset timings, and our Ramadan prayer schedule is based on the Islamic (lunar) calendar, which is 10 to 12 days shorter than the Gregorian calendar. These timings and changes may seem complicated to those not familiar with it. Accordingly, in order to ensure there is an understanding of our norms and practices, we are providing additional details herein. However, to keep matters simple, we have kept our requested modification for the CUP in simple terms - allow dawn (Fajr) prayers from hour and a half before sunrise; night (Isha) prayers until 10:30 p.m.; and use in Ramadan until 11:30 p.m. during the years 2026 to 2039, or 12:00 a.m., during the years 2040 to 2054 when Ramadan falls during the summer months. The approximate start and end dates of Ramadan come back to the same time of the year every 33 years.

1. Pre-sunrise indoor congregation prayers: The Muslim faith mandates five daily prayers, and they must be performed within their appointed times. A Mosque’s fundamental requirement is to offer prayers in congregation. We are requesting a time to be added to the CUP before which services would not be allowed and that it allow usage of the facility for pre-sunrise indoor prayer services as mandated by our faith.

2. Departure by 10:30 p.m.: The night prayer’s appointed time starts approximately 1.5 hours after sunset, and in some summer months the earliest it can be prayed is 10:10 p.m. Prayers take approximately 15 minutes, with additional time for arrival and departure. We are requesting usage until 10:30 p.m. to accommodate the offering of the nightly prayer indoors. See the additional background information, later in this document, about the religiously required five daily Islamic prayers.

3. 30 days during the month of Ramadan: Ramadan is a month of reflection and additional prayers. The additional prayers are offered immediately following the night prayer, and take about 2.5 hours. During the 30 days of Ramadan, which occurs once a year, we are requesting extended indoor usage for the additional prayers until 11:30 p.m, whenever sunset occurs at 7:30 p.m. or earlier; and 12:00 a.m. whenever sunset occurs after 7:30 p.m.

Conditional Use Permit Findings
WVMA believes that it meets all requirements for the Town of Los Gatos to find in favor of modifying the existing CUP, including as follows:

1. The proposed uses of the property are essential or desirable to the public conveniences or welfare.

The existing use is consistent with, and promotes the Guiding Principles outlined in the Los Gatos 2040 General Plan that focus on community, diversity and inclusivity:
● Community Vitality: Invigorate Los Gatos as a special place for community gathering, … activities for residents and visitors.
● Diverse Neighborhoods: Foster appropriate investments to maintain and enhance diverse neighborhoods, … of all current and future residents.
● Inclusivity: Value the importance of and promote ethnic, cultural, and socio-economic diversity and equity to enhance the quality of life in Los Gatos.

Furthermore, this finding was made twice before on this property on January 25, 1990 issued to the Los Gatos Congregation of Jehovah’s Witnesses, Inc., and on March 11, 2020 issued to West Valley Muslim Association. We have not added any square footage, or removed any parking spaces since the original CUP was issued.

The additional hours of usage requested will continue to meet the requirements of this finding. This additional usage is essential to the use of the religious facility to offer the five daily congregational prayers, and Ramadan nightly

Page 328 ends

ITEM NO. 8.

Request for Modification of Conditional Use Permit Page | 3 of 26 prayers as mandated by the faith. The appointed times for the five daily prayers in Islam are determined by the position of the sun at a specific location, and cannot be changed by individuals or institutions, similar to how other faith traditions observe fixed times tied to natural events, such as sunset marking the start of the Sabbath in Judaism or sunrise rituals in Hinduism.

2. The proposed uses will not impair the integrity and character of the zoning district.

The existing conditions of approval ensure the existing use does not impair the integrity of character of the district.

The facility size and the parking has not changed since the original permit was issued in 1990, where the Town determined that the size of the auditoriums, the parking capacity and the traffic it creates were compatible with the residential neighborhood.

To be a good neighbor, we have already made the following changes based on specific concerns that were raised:

1. Replace fences: We have worked with our neighbors to improve privacy, and reduce noise and light disturbance by replacing or adding fences, and adding lattices above a 6-foot fence. In one case we paid for the full cost of the fence and lattice. Some of the original fences were chain link fences and were replaced by good neighbor fences.

2. Tree planting: We have planted 10 trees to increase privacy, and reduce noise and light.

3. Gate track: We have removed the gate track over the entrance and exist, and we will ensure that any replacement gate will minimize noise disturbance.

4. Traffic guards: During Ramadan in 2025, we hired traffic guards to ensure a smooth flow of traffic, and to remind attendees to minimize noise.

5. Use both driveways for exit: During Ramadan in 2025, we used both driveways for exit to distribute traffic in both directions of Farley Road.

We have also made many additional changes based on the feedback from as many neighbors as we were able to reach.

Much of the feedback is not directly related to our application for a clarification of the hours of usage, nevertheless, we have taken meaningful actions whenever possible to address feedback received as best as we can. In addition to the 5 changes listed above, we have documented 20 actions we have taken in response to feedback received in the accompanying Neighborhood Outreach document, attached as Exhibit C.

In addition, we have taken even more steps to increase communication with neighbors so that any specific concerns can be raised, and good faith efforts can be made to address them:

6. Share contact information: WVMA has provided phone, email and text contact information to neighbors.

7. Regular notices to neighbors: We will continue to inform our neighbors about our major activities on a regular basis.

8. Open houses: We welcome our neighbors to visit us any time by coordinating with the executive director, and will strive to have an open house on an annual basis. WVMA has been hosting open houses for the neighborhood since purchasing the facility in 2018.

3. The proposed uses would not be detrimental to public health, safety, or general welfare.

WVMA does not anticipate any detrimental impact to the public health, safety, or general welfare due to a small adjustment of the hours of usage. The limitations already existing in the previous conditions of approval are still applicable, address the potential impacts, and will not be detrimental to public health, safety or general welfare.

4. The proposed uses of the property are in harmony with the various elements or objectives of the General Plan and the purposes of the Town Code.

The proposed modifications meet the objectives of the General Plan and Town Code. The Los Gatos 2040 General Plan promotes the guiding principles of community, diversity and inclusivity. Institutions for religious observance are

Page 329 ends

ITEM NO. 8.

Request for Modification of Conditional Use Permit Page | 4 of 26 distributed throughout the Town. The use is consistent with the Low Density Residential General Plan land use designation for the property with the approval of a CUP. The proposed changes to the hours of usage would have no exterior impacts, maintaining the small-town, residential scale and natural environments of adjacent residential neighborhoods.

The goals and policies of the 2020 General Plan applicable to this project support our request to extend the hours of operation for indoor religiously mandated prayers. They include, but are not limited to:
● Policy LU-1.5 Encourages private/public funding, development, and operation of cultural amenities, activities, and centers consistent with the small-town character of Los Gatos. ● Policy LU-6.2 - Allow non-residential activity in residential areas only when the character and quality of the neighborhood can be maintained.
● Policy LU-9.6 Encourage development that maintains and expands resident-oriented services and/or creates employment opportunities for local residents consistent with overall land use policies of the Town.

WVMA respectfully requests a modification to the CUP as set forth herein.

WVMA BACKGROUND AND VISION
West Valley Muslim Association was founded to enable a new and growing Muslim community in the West Valley area to practice their faith. The members of the community are ethnically diverse, well-educated with primary professions represented in technology, engineering, medical, and other professionals. Almost all of the key leadership of the community has resided in the area for 30+ years, and their children have been born and raised here, attend local schools, and participate in sports and other civic activities throughout the area. It is a group of West Valley residents who live, work, worship, and raise their families in this community. Service and charity are a core part of our faith - members of the community are actively involved in civic duties and currently serve or have served on the city councils of Saratoga, Monte Sereno, and Sunnyvale, as well as the planning commission of Saratoga. Community members are volunteers in Boy Scouts, Girl Scouts, AYSO Soccer, Little League Baseball, Second Harvest Food Bank, Martha’s Kitchen, the Rahima Foundation, and many other activities.

Like all other faith communities around us, we envision a space for spiritual, social, and personal growth - a place where individuals of all ages can strengthen their connection to God, foster meaningful relationships, and contribute positively to society. Our faith is lived daily through five scheduled prayers that serve as both a reminder and a moment to reset amidst life’s busyness, congregational prayers that unite our community, the observance of Ramadan that teaches self-discipline and the practice of resisting temptation, and a commitment to living in a way that benefits others. Our vision and mission are to exist for the betterment of not just WVMA and its members, but also the Town of Los Gatos, our state and our country.

We are committed to sharing the moderate teachings of Islam, grounding our youth and families in compassion, justice, service, and ensuring our community reflects Islam’s true spirit. Our mosque is a learning center, where these Islamic values take root and ripple outward, enriching lives and bridging divides. We work diligently to keep our youth grounded in the foundational tenets of peace, service to others, improving the lives of those around them, and benefiting our country and humanity around the world. We counter misinformation and misguidance that is easily accessible to young and impressionable youth and children. We offer a vision of Islam that bridges cultures, inspires dialogue, and equips our community to shape a more harmonious tomorrow.

Even in the San Francisco Bay Area - a region celebrated for its progressive spirit and diversity - Muslim children and youth face a harsh reality. Despite the area’s reputation as a hub of inclusivity, these young individuals often experience faith-based bullying, derogatory labels such as “terrorist,” and social exclusion that make them feel isolated.

Page 330 ends

ITEM NO. 8.

Request for Modification of Conditional Use Permit Page | 5 of 26 The persistent message they internalize is a sense of “other” or not belonging here. According to the 2023 Bullying Report by Council on American-Islamic Relations (CAIR) California Chapter, 46% of Muslim students in California public schools report having experienced bullying tied to their religious identity - more than double the national average for school bullying. This persistent discrimination has taken a severe toll, with the Khalil Center, a leading mental health provider for Muslim communities, documenting a 45% increase in anxiety and depression among Muslim youth in the Bay Area. These statistics reveal a crisis of social-emotional well-being, as children grapple with isolation, pressure, and the erosion of their self-worth in an environment where they should feel welcome and included.

In response, we have created a sanctuary designed to meet this urgent need for our children and youth. This space offers Muslim children a welcoming place to learn about the true teachings of Islam, free from the fear of judgment or harassment. Central to our mission is fostering an open atmosphere where children and youth can interact, form friendships, and simply enjoy each other’s company—regardless of their names, appearance, attire, or specific practices of faith. We provide both structured programs and unstructured free time, encouraging them to engage with each other away from digital distractions and be true to themselves.

Our facility offers children, families, the elderly, and young professionals a welcoming environment to learn about Islam, build lasting relationships, foster community cohesion, and nurture a sense of belonging.

ORGANIZATION, STAFF & OPERATIONS
WVMA is primarily a volunteer-based organization. It is managed by a volunteer Board of Trustees, and a volunteer Board of Directors for day-to-day operations. The Executive Director is currently the only full-time employee, and shares responsibility across the two facilities operated by WVMA (Los Gatos owned, Saratoga rental). We also have a resident Imam (clergy), as well as 3 additional part-time employees. All activities that are conducted by WVMA are led by volunteer committees.

FACILITY & LOCATION
Decades Long Extensive Search
The founders of the community had longed for a place near where they live in the West Valley Area and founded WVMA in 2007. At that time, WVMA began by renting a small facility in Saratoga in the Azule Shopping Center at 12370 Saratoga Sunnyvale Road, Saratoga CA 95070. It is approximately 1,100 sq. ft. and is primarily used for the five daily congregational prayers. The facility can accommodate about 100 attendees. As our community started growing, we needed a bigger facility. While searching to purchase a facility, we started renting the Saratoga Prospect Center, in 2009, on an hourly basis for Friday and Ramadan prayers, and for other programs.

We have been searching to purchase a larger facility (2+ acres) since 2007, and struggled to find a building that would meet that requirement. We also ran into zoning restrictions that limit the areas where religious facilities can be located.

Many of the cities and towns have significant restrictions, and limit usage to residential areas, or only allow secondary uses when in commercial zones. Cities and towns further limit zones by adding overlays (e.g., Cupertino’s Heart of the City and Bubb Road overlays). New state mandates to increase housing stock such as RHNA Housing Element zoning changes, designation of larger properties as opportunity sites, builders remedy projects, and SB-4 that promotes religious organizations to build affordable housing, decreased the stock of available choices, increased the land values significantly and created an even bigger problem for religious organizations to acquire larger properties. To the best of our knowledge, in the last two decades, there have been no new religious facilities that have come into existence in the Town of Los Gatos, despite a 22% increase in residents of the town. Out of a total of 16 approved

Page 331 ends

ITEM NO. 8.

Request for Modification of Conditional Use Permit Page | 6 of 26 church CUP’s in Los Gatos including WVMA, the last new CUP issued was in 2001 to Addison-Penzak Jewish Community Center. Faith Lutheran (2019), St. Mary’s (2013), Calvary (2008), Congregation Shir Hadash (2007), Los Gatos United Methodist Church (2005) and Venture Christian Church (2002) were all modifications to existing CUP’s. We are not aware of any churches that have changed owners (other than WVMA) in Los Gatos, Saratoga, Campbell, Cupertino or the West San Jose area in over a decade.

Our search over the last decade was extensive, meeting with interfaith leaders, talking to city and town officials, retaining real estate agents with a monthly retainer to find a property, and considering office or industrial spaces as an alternative. We made offers on many properties, including unsolicited offers at two facilities. We also filed preliminary CUP applications for two potential facilities, one a former bank at the border of Sunnyvale and Cupertino, and another an office building in Saratoga, only to withdraw when the cities advised us that religious assembly use would not be allowed for those facilities. We were in extended negotiations with a church with lower attendance to split the lot, but we were unable to finalize an agreement.

Through our clergy that participates actively in interfaith activities, we even reached out (see attached letter Exhibit B) to Bishop Patrick McGrath, then Bishop of San Jose, The Diocese of San Jose, in early 2018, seeking his help in acquiring any of their facilities, and proposed a possible way to apportion lands from the Church of Ascension in Saratoga with a shared parking lot across three monotheistic faiths. We left almost no stone unturned in our quest to acquire a facility for our congregation.

After searching for over a decade, we happened on the Los Gatos facility by mere chance. One of our community members attended a Town of Los Gatos Conceptual Development Advisory Committee meeting on March 14, 2018 on an unrelated agenda item. The Congregation of Jehovah's Witnesses applied for approval to build 10 (Concept A) to 17 (Concept B) homes, and faced stiff opposition. When we learnt of this church with an existing CUP, we jumped on an opportunity to purchase this existing religious facility, at a steep price, as it was an ideal facility with plenty of parking, and space for our growing community. Our community has since then benefited tremendously from the welcoming attitude of the vast majority of our neighbors.

Our Facility
We currently operate a mosque at 16769 Farley Road, Los Gatos under a Conditional Use Permit U-20-001 issued on March 11, 2020. This most recent CUP modified an original one issued to the Los Gatos Congregation of Jehovah’s Witnesses, Inc. on January 25, 1990. The facility is 2.76 acres of land, has 180 parking spaces, ~12,000 sq. ft. of indoor space across three auditoriums, two housing units for clergy, three conference rooms, a lobby, and a full kitchen. This facility was constructed, in its current size, in 1990 when the original CUP was issued.

The three large auditoriums are between 1,600 to 2,600 sq. ft., and have building occupancy limits up to 869 when sitting, and 1,217 when standing. Of the two housing units onsite that are currently used by our resident clergy (Imam) and his family. The location of the living quarters is on the east side of the property, next to the large empty lot. The facility has multiple storage sheds.

We acquired the Los Gatos facility to serve as a mosque, ensuring we can perform our essential prayers, including daily prayers, Friday (Jummah) prayers, and Ramadan Taraweeh prayers. Our Friday prayers parallel the Sunday worship services for Christians or Shabbat services for Jews, acting as a weekly cornerstone of communal worship.

Similarly, Ramadan, with its nightly Taraweeh prayers, mirrors the extended rituals and community engagement seen in other faith traditions annually, such as Christianity’s Holy Week—marked by special services like the Easter Vigil or Good Friday prayers—or Judaism’s High Holy Days of Rosh Hashanah and Yom Kippur, when there are gatherings in synagogues for intense prayer in September or October.

Page 332 ends

ITEM NO. 8.

Request for Modification of Conditional Use Permit Page | 7 of 26 Our use of the facility is similar to that of any other religious community, and among other things includes use for prayers, talks and seminars for adults, educational classes for children and youth including a Sunday school or after school classes, religious holiday prayers and children’s activities, fundraising activities, community lunches and dinners, community iftars (breaking of the fast in the month of Ramadan), neighborhood outreach, and other community classes/events/activities (e.g., Islamic calligraphy, youth and women’s activities, Quran classes, parenting classes, college application assistance, marriage ceremonies, health and wellness activities, and other community benefit activities, etc.)
We may charge fees for some of these activities directly to attendees, or to reduce administrative overhead, we may seek fees from the service provider for use of our facility to cover costs such as utilities, set up and cleaning for use relating to the mosque’s activities. This is similar to other faith institutions (see 1 and 2).

We also offer and conduct a few private religious ceremonies like Nikah or Katb al-Kitaab (signing of the wedding contract), Aqeeqa (newborn service, similar to baptism), funeral prayers, and other religious ceremonies. These are not listed on the events calendar as they are generally limited to families and their friends, and not open to the rest of our community.

We also hold prayers for the two annual religious holidays, Eid-ul-Fitr and Eid-ul-Adha. These are open to our faith community, and conducted within our premises. In both of the Eid holidays, we hold a prayer service lasting about 45 minutes. To accommodate additional attendees, we have staggered these into three services in the morning and early afternoon. The prayer services are held indoors. We manage the attendance through a registration and ticketing process. As these are joyous days, families carpool and come together. We have traffic guides posted at the entrances and exits to ensure smooth flow, and we inform our neighbors in advance about the activities. We also typically hold a community open house in the late afternoon and early evening with fun activities for children. Families come and go throughout the open house.

None of our activities include alcohol or music.

Severely restricting the use of our facility, or prohibiting these services from occurring in this facility, would fundamentally undermine our ability to fully express and sustain our religious identity and community.

This is the only facility currently owned by the West Valley Muslim Association.

We continue to rent a small 1,100 sq. ft. facility at 12370 Saratoga Sunnyvale Road, Saratoga CA 95070. We also rent the Saratoga Prospect Center from the City of Saratoga on an hourly basis, and this requires set up and tear down every time it is used. We have three staggered Friday prayers at this facility. We also hold Ramadan nightly prayers at this location.

Saratoga Prospect Center
The Saratoga Prospect Center facility has been rented by WVMA for Ramadan prayers for the last 16 years without neighbor concerns being raised. This facility has many similarities to WVMA’s Los Gatos facility:

1. 2.6 acres (vs. 2.7 acres), ~150 parking spots (vs. 180), 2 auditoriums (vs. 3).

2. Residential homes surround the Saratoga Prospect Center on three of the four sides.

3. Entry and exit are immediately adjacent to the fence separating home backyards.

4. Buildings are in the middle of the property.

5. Parking spots are at the back of the property, next to neighbor fences. ~150 parking spots.

Page 333 ends

ITEM NO. 8.

Request for Modification of Conditional Use Permit Page | 8 of 26 We have used the Saratoga Prospect Center since 2009 in a very similar way:

1. Prayers during Ramadan. We are allowed use of the facility until midnight by the City of Saratoga.

2. Indoor and outdoor community Iftaar’s (breaking of the fast) in Ramadan at sunset time.

3. Friday Prayers. We hold 3 prayers in summer months, and 2 in winter months since shorter days result in limited permitted times.

4. Use both halls (Friendship Hall and the Grace Building) simultaneously for our services to accommodate the number of attendees.

5. Attendees walk quietly at night next to the side and backyards of homes to get to their vehicles in the parking lot, or behind residential homes on Colby Court.

We reach out to our neighbors every year before Ramadan, provide them information about our activities, and share our contact information. We have continually demonstrated for 16 years that our use is compatible with a residential neighborhood. Nina Walker, the former recreation facilities manager of the City of Saratoga, provided a letter to the Town on her positive experience with WVMA’s use of Saratoga Prospect Center.

Our usage in Ramadan of the Saratoga Prospect Center is almost identical to our usage of our Los Gatos facility, without any concerns raised from the city or neighbors.

Note: As our community has grown, we continue to use the Saratoga Prospect Center for Ramadan and Friday prayers, and will continue to do so for the foreseeable future. Our use at 16769 Farley Road is not a replacement, but an addition to our use of the Prospect Center.

Location / Nearby Mosques
There are no other mosques located in Los Gatos, or nearby areas like Campbell, Monte Sereno, Cambrian Park, Willow Glen or Santa Cruz mountains. The nearest Mosque to WVMA’s Los Gatos facility is WVMA’s other smaller

Page 334 ends

ITEM NO. 8.

Request for Modification of Conditional Use Permit Page | 9 of 26 facility in Saratoga. All other nearby Mosques are significantly smaller, with space for about 100 attendees. The next large Mosque, 11.2 miles away, is the Muslim Community Association (MCA) in Santa Clara near Highway 101 and San Tomas Expressway. Other nearby facilities with distances and sizes:
● West: WVMA’s Saratoga facility. 8.2 miles, small facility (~100 attendees). No Friday or Ramadan prayers. ● North: Islamic Community of Bay Area Bosniaks, 8.8 miles, small facility (~100 attendees) ● East: Blossom Valley Muslim Community Center: 9.5 miles, small facility (~100 attendees) ● South: Islamic Center of Santa Cruz, 25 miles, small facility (~100 attendees)

PRAYERS & RAMADAN ARE PILLARS OF ISLAM
Islam is based on five fundamental pillars, which are core obligations and acts of worship for Muslims. Two of these five obligatory acts - prayer (#2) and Ramadan (#4) - are directly relevant to this application to modify the conditional use permit.

Page 335 ends

ITEM NO. 8.

Request for Modification of Conditional Use Permit Page | 10 of 26

1. Declaration of Faith (Shahada): Reciting this with conviction is what makes someone a Muslim. While the Shahada is a personal act, it’s often affirmed publicly in a mosque.

2. Prayer (Salah): Muslims are obligated to perform five daily prayers at set times (Fajr (dawn), Dhuhr (midday), Asr (afternoon), Maghrib (evening), and Isha (night)). Each prayer includes specific recitations and movements. It is preferred that prayers are performed in congregation and in a mosque.

3. Charity (Zakat): Zakat is an obligatory charity, usually 2.5% of a Muslim’s annual savings, given to support the poor, orphans, and community needs. It’s a built-in system to redistribute wealth and care for the vulnerable.

4. Fasting during Ramadan (Sawm): Sawm is the fast during the month of Ramadan, where Muslims refrain from food, drink, and other physical needs from dawn to sunset. It’s a time for spiritual growth, self-control, and empathy. By voluntarily giving up what is normally allowed, such as food and drink, Muslims learn to avoid what is prohibited, such as bad habits, and illegal or immoral acts. After sunset, Muslims break their fast with Iftar, often communally, followed by Taraweeh—special nightly prayers unique to Ramadan. Taraweeh involves reciting the Quran, with the entire Quran completed over the course of the month. At the end of the month, Muslims celebrate Eid-ul-Fitr, the first of the two annual major festivals.

5. Pilgrimage (Hajj): Hajj is the pilgrimage to Mecca, required once in a lifetime for Muslims who are physically and financially able. It includes rituals like circling the Kaaba. Hajj is a journey of renewal, connecting Muslims worldwide. Muslims who do not travel to Hajj, celebrate Eid-ul-Adha locally, the second annual major festival.

Prayers
Prayer (Salah) is the second pillar in Islam underscoring its vital importance in a Muslim's daily life. For all adult Muslims, performing the five daily prayers is mandatory. The fundamental purpose of every mosque is to serve as a place for congregational (Jamah) prayers. Congregational prayer timings for two of the prayers - dawn (#1) and night (#5) - are directly relevant to this conditional use permit.

Prayer serves as a direct connection between the individual and God, reinforcing faith and discipline through regular practice. These prayers are spaced throughout the day and night, ensuring a constant rhythm of devotion. Prayers must be offered during their set time range, preferably at the earliest time. Each prayer takes about 15 minutes to perform, with additional time for ablution prior to praying, and time for arrival and departure. Prayers in Islam do not involve any music or alcohol.

While individuals can pray by themselves, congregational prayers in a Mosque are highly encouraged. Muslims believe the reward for praying in a Mosque is 27 times more than a prayer offered alone, as Islam places great emphasis on community, brotherhood and unity. The five prayers are:

1. Dawn (Fajr): The dawn prayer, performed any time between when twilight begins until sunrise.

2. Midday (Zuhr): The midday prayer, performed any time after the sun passes its zenith, until the time for the afternoon prayer.

3. Afternoon (Asr): The afternoon prayer, performed before sunset. Time is based on when the length of shadow equals the length of the object.

4. Sunset (Maghrib): The sunset prayer, just after the sun sets, until the time for night prayer.

5. Night (Isha): The night prayer, performed after twilight fades.

Page 336 ends

ITEM NO. 8.

Request for Modification of Conditional Use Permit Page | 11 of 26 As sunrise and sunset change on a daily basis, the timings of prayers also change on a daily basis. In Los Gatos, the end of the time period for the dawn prayer is prior to 8 a.m. throughout the year. The start time of the night prayer occurs after 9:30 p.m. from about mid-May to mid-August, based on current Daylight Savings Time laws in effect.

In summary:
● Prayer times are based on the location of the sun relative to each location, and change daily. ● Sunrise and sunset times play a critical role in determining prayer times. The prayer schedule is impacted by whether standard vs. daylight savings is in effect.
● Sunrise, sunset and prayer times are approximately the same every year (+/- couple minutes) on a particular day. For example, the times on April 1, 2025 will be approximately the same as on April 1 of any other year, assuming there is no change in standard vs. daylight savings time. ● Prayers must be performed during their set time. They cannot be performed before or after their set time. ● Congregational prayers are highly recommended in a mosque. Walk into any mosque around the world and expect to see a similar prayer schedule based on local positions of the sun. ● Congregational prayer times are recommended to be set at the beginning of the time period whenever possible.
● Any changes to the Federal, California or local laws on Daylight Savings Time, in either direction, will impact prayer times and schedule.

Our Request to Pray the Dawn (Fajr) Prayer
We are requesting clarification of the CUP to provide a time before which services would not be allowed and that it be set at a time that allows usage of our facility for dawn (Fajr) indoor congregation prayers and services. The following extract from the 2025 WVMA Los Gatos & Saratoga prayer schedule shows the prayer time range for the dawn (Fajr) prayer specific to Los Gatos and Saratoga locations. The last column shows how far before sunrise the congregational prayer is typically scheduled. (PST shown in blue, PDT shown in green).

Sample Date
Dawn (Fajr)
Prayer Time
Begins
Congregational
(Jamah)
Prayer Time
Sunrise / Dawn
(Fajr)
Prayer Time
Ends
Scheduled Prayer
Time
Before Sunrise
January 15 6:04 a.m. 6:30 a.m. 7:21 a.m. 0:51
February 15 5:44 a.m. 6:20 a.m. 6:56 a.m. 0:36
March 1 (PST) 5:27 a.m. 6:10 a.m. 6:38 a.m. 0:28
March 15 (PDT) 6:07 a.m. 6:30 a.m. 7:18 a.m. 0:48
April 15 5:17 a.m. 5:50 a.m. 6:33 a.m. 0:43
May 15 4:35 a.m. 5:10 a.m. 5:59 a.m. 0:49
June 15 4:16 a.m. 5:00 a.m. 5:47 a.m. 0:47

Page 337 ends

ITEM NO. 8.

Request for Modification of Conditional Use Permit Page | 12 of 26 July 15 4:32 a.m. 5:00 a.m. 6:00 a.m. 1:00
August 15 5:06 a.m. 5:30 a.m. 6:25 a.m. 0:55
September 15 5:38 a.m. 6:10 a.m. 6:50 a.m. 0:40
October 15 6:05 a.m. 6:30 a.m. 7:16 a.m. 0:46
November 1 (PDT) 6:20 a.m. 6:30 a.m. 7:33 a.m. 1:03
November 15 (PST) 5:33 a.m. 6:00 a.m. 6:47 a.m. 0:47
December 15 5:57 a.m. 6:30 a.m. 7:15 a.m. 0:45
As can be seen from the table above, the dawn (Fajr) prayer time ends before 8 a.m. throughout the year. We are requesting usage of the facility for dawn prayers and services, starting an hour and half before sunrise, as mandated by our faith.

Note: Any changes to the Federal, California or local laws on Daylight Savings Time, in either direction, will impact prayer times and schedule.

Our Request to Pray the Night (Isha) Prayer
We are requesting clarification of the CUP to explicitly allow usage of our facility until 10:30 p.m. for night (Isha) indoor congregation prayers. The following extract from the 2025 WVMA Los Gatos & Saratoga prayer schedule shows the prayer time range for the night (Isha) prayer, including the proposed scheduled congregational prayer time at the Mosque. (PST shown in blue, PDT shown in green, late timings shown in red).

Sample Date
Sunset (Maghrib)
Prayer Time
Begins
Night (Isha)
Prayer Time
Night Prayer
Congregational (Jamah)
Prayer Time
January 15 5:18 p.m. 6:31 p.m. 8:00 p.m.

February 15 5:51 p.m. 7:00 p.m. 8:00 p.m.

March 1 (PST) 6:05 p.m. 7:14 p.m. 8:00 p.m.

March 15 (PDT) 7:19 p.m. 8:27 p.m. 9:00 p.m.

April 15 7:46 p.m. 8:59 p.m. 9:10 p.m.

May 15 8:13 p.m. 9:34 p.m. 9:40 p.m.

June 15 8:33 p.m. 10:01 p.m. 10:10 p.m.

July 15 8:31 p.m. 9:55 p.m. 10:10 p.m.

August 15 8:02 p.m. 9:17 p.m. 9:30 p.m.

September 15 7:18 p.m. 8:27 p.m. 8:40 p.m.

October 15 6:33 p.m. 7:42 p.m. 8:00 p.m.

November 1 (PDT) 6:13 p.m. 7:23 p.m. 8:00 p.m.

November 15 (PST) 5:00 p.m. 6:12 p.m. 8:00 p.m.

December 15 4:55 p.m. 6:09 p.m. 8:00 p.m.

Page 338 ends

ITEM NO. 8.

Request for Modification of Conditional Use Permit Page | 13 of 26 As can be seen from the table above, from approximately mid-May to mid-August, the night prayer time begins at 9:30 p.m. or later (shown in red), which would require the departure from the facility to be after 10 p.m. We are requesting a 10:30 p.m. end time throughout the year to make it consistent and easier to administer.

Note: Any changes to the Federal, California or local laws on Daylight Savings Time, in either direction, will impact prayer times and schedule.

Our Request to Pray the Ramadan Taraweeh Prayers and Practical Challenges Ramadan is the ninth month in the Islamic lunar calendar and holds great significance for Muslims. During this holy month, able-bodied Muslims fast from pre-dawn until sunset. During Ramadan, Muslims abstain, during the daylight hours, from what is generally allowed (eating, drinking, etc.), so they can learn the self-discipline to avoid acts that are immoral or not permitted. In addition to fasting, other acts of worship such as additional prayer, reading the Quran, and charity are viewed as divinely favored. This includes daily additional Taraweeh prayers that start immediately after the night (Isha) prayer. Normally, in Ramadan Taraweeh prayers, Muslims recite about one chapter of the Quran each night, and complete recitation of all 30 chapters by the end of Ramadan. The total time taken for the night (Isha) prayer and Ramadan Taraweeh prayers is approximately 2.5 hours, with another half hour to depart the facility as shown below:
● Pray night (Isha) prayer: 15 min + short break
● Pray Ramadan Taraweeh prayer: about 2 hours including short breaks ● Clear the facility: 30 minutes
● Total: ~3 hours
Ramadan is far more than a month of fasting and restraint; it is a season of vibrant fellowship, intergenerational connection, and lasting memories. Every evening, friends who have not crossed paths all year greet one another, and newcomers are welcomed as if they have always belonged. Our congregation brings an extraordinary mosaic of Ramadan customs and foods, offering a rare chance for families to share and learn from one another’s traditions under one roof. Some of our community’s happiest childhood recollections come from gathering at the mosque during Ramadan, praying with family and friends, and feeling the warmth of a community united in worship and goodwill. By curtailing the full program of nightly prayers, we risk denying today’s youth those same formative experiences.

In 2025, we obtained a special exception from our religious leaders and shortened our offering to only do about half a chapter of the Quran, so we can exit and clear the facility by 11 p.m. based on the current CUP in effect.

We do understand that not every family or individual is able to spend the entire ~3 hours every night (see practical challenges below), because of their job or school schedules, or their health and ability reasons, and some attendees may leave earlier. Typically, we find that in the second half of the nightly prayers, the attendance dwindles down to about 25%. This is especially true if Ramadan falls in summer months when the end time is later. This also results in a gradual departure. As a Mosque however, we are obligated to provide the full Ramadan Taraweeh experience.

The biggest challenge for Muslims in Ramadan is lack of time, because of additional prayers, waking up before twilight to eat a light meal, and compressing dinner time to join congregational prayers, as explained below:

1. Wake up early to eat a light meal: Muslims fast with no food or drink from when twilight begins to sunset.

This can range from about 11 hours in winter to about 16 ½ hours in summer months. To be able to fast for long hours, Muslims wake up 30 to 45 minutes before twilight, around 4 to 5 a.m., to eat a small meal called Suhoor before beginning their fast, and then pray the dawn (Fajr) prayer. This results in breaking their sleep cycle, and when done over 30 days, adds to the fatigue Muslims feel during Ramadan.

Page 339 ends

ITEM NO. 8.

Request for Modification of Conditional Use Permit Page | 14 of 26

2. Lack of time before nightly prayers: The time between sunset and when night prayer begins is sometimes less than 1 ½ hours. This is barely enough time to break the fast, pray the Sunset (Maghrib) prayer, eat dinner, get the family ready, drive over to the Mosque, park, and arrive at the facility to find a place to pray. Families with young children face even more challenges to get children ready, get them in and out of car seats, and get them checked into babysitting before prayers. Seniors and disabled attendees also find the time insufficient to make their way to prayers with the limited time.

3. Lack of sleep: In summer months, in Los Gatos, Muslims wake up as early as 4:00 a.m., and in winter months, around 5:00 to 5:30 a.m. for Suhoor. After the nightly Ramadan Taraweeh prayer, by the time they return home, it may be 11:30 p.m. or even past midnight, especially in summer months. This leaves 4 to 5 hours of sleep per night. Doing this over the entire month takes its toll on Muslim families.

These practical challenges faced by Muslims in Ramadan are important to understand when evaluating our request for Taraweeh prayers.

Suggested Alternatives for Ramadan Taraweeh Prayers
As mentioned earlier, Ramadan prayers resemble the intensity and community focus of Holy Week, or High Holy Days prayers of other faith traditions. These are integral services that we offer to our community that are spread over several days/nights annually. There have been suggestions made to hold these services at alternate locations, use park and ride, or limit them in other ways. Not only do some of these suggestions go against the foundational principles of why a religious facility exists in the first place if it cannot be used for the most important religious services in a faith, but we also find these suggestions to be impractical because of the lack of time for Muslims in Ramadan, and they would create a substantial burden on our ability to practice our faith. However, we still wanted to address the impracticability of these suggestions directly, with our reasons, for a better understanding for everyone.

Use Alternate Facilities
We described our use of Saratoga Prospect Center above, and its similarities to our Farley Road facility. We already use Saratoga Prospect Center for the nightly prayers during Ramadan. We offer both facilities to our community, and about half of our congregation prays Ramadan Taraweeh prayer in each facility. We believe the distributed attendance is already optimized as best as it can.

We have sought alternative rental facilities before, but scheduling conflicts, daily setup challenges, cost factors, and other challenges make it impractical for us to move Ramadan Taraweeh prayer to another location other than our Los Gatos Farley Road facility. A mosque would not be considered a mosque if it does not provide services for one of its foundational pillars.

Page 340 ends

ITEM NO. 8.

Request for Modification of Conditional Use Permit Page | 15 of 26 Park and Ride
There are many practical challenges with park and ride to be used for Ramadan Taraweeh prayers, especially because of the lack of available time for Muslims in Ramadan, such as:
● Substantial burden: In Ramadan, we fast the entire day, and only break our fast at sunset, and we get up prior to twilight to eat a short meal before beginning the fast. We offer extended prayers (2+ hours) for the entire month. Adding yet another logistical requirement to park at one place and travel back and forth to another location for prayers is a substantial burden for our community. ● Insufficient time: The Ramadan Taraweeh starts 1.5 hours after sunset, that is barely enough time to break our fast, pray the sunset prayer, eat dinner, perform ablution, get family and children ready, and come over to the nightly prayer. For the elderly, and families with young children, this becomes even more difficult.

Practically, to support a ride and park shuttle service, we would need to start the night prayer 30 to 60 minutes later to bring attendees over from a parking lot, and require yet another 30 to 60 minutes after the end of the prayer to clear the facility, further extending end times. This has the domino effect of pushing everything even later, and will be even more pronounced in summer months when sunset is later. This is not just impractical, but will have the opposite effect of trying to clear the facility after prayers as early as possible. ● Shuttle swarm: The start and end times of Ramadan Taraweeh prayers are fixed and cannot be staggered due to their length (2.5 hours). This means that we need to move a large number of people within a short period of time (15 to 30 minutes), prior to start or at the end, from the parking lot to our facility and vice versa. This means that we cannot just operate one or two shuttles or rotate a few for multiple trips, but would need many shuttles or buses to operate simultaneously. For example, if a typical shuttle has a capacity of 18 individuals, it would take 25 shuttle buses to move 450 people within a period of 15 to 20 minutes. If we use larger buses that can accommodate 40, we would need about 12 buses.
● Noise from shuttles: Section 16.20.055 of the Town of Los Gatos Municipal Code may limit our ability to operate shuttle buses over 6,000 lbs, or larger buses over 10,000 lbs especially if they have to idle. We also believe this will have the opposite effect of what we are trying to achieve in terms of noise, as shuttles and buses are much louder compared to EV’s and cars.
● Available parking lots: We do not know if we can even find a parking lot nearby that would enable us to use that as a parking station for the hours from 8 p.m. to midnight, as many parking areas have limited hours of use. Additionally, as properties are being redeveloped, any solution would also likely be a short-term solution. ● Elderly, disabled, or children: Moving people with special needs requires facilitation and special equipment (ramps, wheelchair access), and takes additional time.
● Exception handling: There are always emergencies and exceptions when someone has to leave early, or has forgotten something, and this requires us to have shuttles ready to handle exceptions to go back and forth.

In addition to being impractical as outlined above, the park and ride shuttle service would not only create a substantial burden on our community, but would create considerable administrative, logistical and financial challenges for our non-profit religious organization, especially as we are completely dependent on donations to fund all of our expenses.

Ramadan in Future Years
The Islamic calendar is a lunar calendar (similar to Jewish and Chinese calendars). It is about 10 to 12 days shorter than the Gregorian calendar (353 to 355 days). The approximate start and end dates of Ramadan come back to the same time of the year 33 years later. For example, in 2025, Ramadan started on the night of February 28th. In 2057, Ramadan is expected to start on March 1st, coming back full circle to about the same time of the year.

Page 341 ends

ITEM NO. 8.

Request for Modification of Conditional Use Permit Page | 16 of 26 Source: AlJazeerah. Ramadan 2025: Fasting hours and iftar times around the world The nightly (Isha) prayer time starts approximately 1 ½ hours after sunset in Los Gatos, CA. Whenever sunset is at or before 7:30 p.m., we would be able to complete the night (Isha) and Ramadan Taraweeh prayers and exit the facility before 11:30 p.m. if our request was granted. For the next 14 years, until Year 2039, assuming there are no changes to the Federal, State or local laws related to Daylight Savings Time, we expect to be able to clear the facility by 11:30 p.m.

When sunset occurs after 7:30 p.m., the start of the time period (twilight ends) for the night (Isha) prayer is delayed past 9:00 p.m., which results in us requiring additional time to complete the prayer, and hence we are requesting use until 12:00 a.m. We expect this to be in the years 2039 to 2054.

Year Ramadan Start
(night of) Ramadan End Daylight Savings Time Sunset Time ~Night (Isha) /
Ramadan
Prayer Starts
~Ramadan
Taraweeh Ends
& Exit

Page 342 ends

ITEM NO. 8.

Request for Modification of Conditional Use Permit Page | 17 of 26 2025 Feb 28, 2025 Mar 29, 2025 PST→PDT 7:33 p.m. 8:50 p.m. 12:00 a.m. 2026 Feb 17, 2026 Mar 19, 2026 PST→PDT 7:23 p.m. 8:40 p.m. 11:30 p.m. 2027 Feb 7, 2027 Mar 8, 2027 PST 6:13 p.m. 8:00 p.m. 11:30 p.m. 2028 Jan 27, 2028 Feb 26, 2028 PST 5:53 p.m. 8:00 p.m. 11:30 p.m. 2029 Jan 15, 2029 Feb 14, 2029 PST 5:43 p.m. 8:00 p.m. 11:30 p.m. 2030 Jan 4, 2030 Feb 3, 2030 PST 5:33 p.m. 8:00 p.m. 11:30 p.m. 2030 Dec 25, 2030 Jan 23, 2031 PST 5:23 p.m. 8:00 p.m. 11:30 p.m. 2031 Dec 14, 2031 Jan 13, 2032 PST 5:13 p.m. 8:00 p.m. 11:30 p.m. 2032 Dec 3, 2032 Jan 1, 2033 PST 5:03 p.m. 8:00 p.m. 11:30 p.m. 2033 Nov 22, 2033 Dec 22, 2033 PST 5:03 p.m. 8:00 p.m. 11:30 p.m. 2034 Nov 11, 2034 Dec 11, 2034 PST 5:13 p.m. 8:00 p.m. 11:30 p.m. 2035 Oct 31, 2035 Nov 30, 2035 PDT→PST 6:13 p.m. 8:00 p.m. 11:30 p.m. 2036 Oct 19, 2036 Nov 18, 2036 PDT→PST 6:33 p.m. 8:00 p.m. 11:30 p.m. 2037 Oct 9, 2037 Nov 7, 2037 PDT→PST 6:43 p.m. 8:10 p.m. 11:30 p.m. 2038 Sep 29, 2038 Oct 28, 2038 PDT 7:03 p.m. 8:30 p.m. 11:30 p.m. 2039 Sep 18, 2039 Oct 18, 2039 PDT 7:13 p.m. 8:40 p.m. 11:30 p.m. 2040 Sep 6, 2040 Oct 6, 2040 PDT 7:33 p.m. 9:00 p.m. 12:00 a.m. 2041 Aug 27, 2041 Sep 25, 2041 PDT 7:53 p.m. 9:20 p.m. 12:00 a.m. 2042 Aug 16, 2042 Sep 14, 2042 PDT 8:03 p.m. 9:30 p.m. 12:00 a.m. 2043 Aug 5, 2043 Sep 3, 2043 PDT 8:13 p.m. 9:40 p.m. 12:00 a.m. 2044 Jul 25, 2044 Aug 23, 2044 PDT 8:23 p.m. 9:50 p.m. 12:00 a.m. 2045 Jul 14, 2045 Aug 13, 2045 PDT 8:33 p.m. 10:00 p.m. 12:00 a.m. 2046 Jul 3, 2046 Aug 2, 2046 PDT 8:30 p.m. 9:50 p.m. 12:00 a.m. 2047 Jun 22, 2047 Jul 22, 2047 PDT 8:35 p.m. 10:00 p.m. 12:00 a.m. 2048 Jun 10, 2048 Jul 10, 2048 PDT 8:40 p.m. 10:10 p.m. 12:00 a.m. 2049 May 30, 2049 Jun 29, 2049 PDT 8:30 p.m. 9:50 p.m. 12:00 a.m. 2050 May 19, 2050 Jun 18, 2050 PDT 8:20 p.m. 9:40 p.m. 12:00 a.m. 2051 May 8, 2051 Jun 7, 2051 PDT 8:10 p.m. 9:30 p.m. 12:00 a.m. 2052 Apr 26, 2052 May 26, 2052 PDT 8:00 p.m. 9:20 p.m. 12:00 a.m. 2053 Apr 15, 2053 May 15, 2053 PDT 7:50 p.m. 9:10 p.m. 12:00 a.m. 2054 Apr 4, 2054 May 4, 2054 PDT 7:40 p.m. 9:00 p.m. 12:00 a.m.

Page 343 ends

ITEM NO. 8.

Request for Modification of Conditional Use Permit Page | 18 of 26 2055 Mar 24, 2055 Apr 23, 2055 PST→PDT 7:30 p.m. 8:50 p.m. 11:30 p.m. 2056 Mar 12, 2056 Apr 11, 2056 PST→PDT 7:20 p.m. 8:40 p.m. 11:30 p.m. 2057 Mar 1, 2057 Mar 31, 2057 PST→PDT 7:10 p.m. 8:30 p.m. 11:30 p.m. 2058 Feb 18, 2058 Mar 20, 2058 PST→PDT 7:00 p.m. 8:20 p.m. 11:30 p.m. 2059 Feb 7, 2059 Mar 9, 2059 PST 6:00 p.m. 8:00 p.m. 11:30 p.m. 2060 Jan 27, 2060 Feb 26, 2060 PST 5:50 p.m. 8:00 p.m. 11:30 p.m.

Ramadan 2025 Experience
This Ramadan (March 2025), we had higher attendance on weekends, and the odd-numbered nights in the last 10 days of Ramadan. Our busiest night was on the night of March 26, 2025, which was the 27th night of Ramadan. All prayers were held indoors in the three auditoriums, and there were no outdoor prayers or activities, except for arrival and departure.

We made a number of adjustments this Ramadan to ensure a smooth flow.

1. Shortened prayers this year, with special permission by religious leaders, to about half a chapter of the Quran instead of one chapter per night. After DST came into effect, we started at 9 p.m., ended by 10:30 p.m., and cleared the facility by 11 p.m.

2. Used both driveways for exit to distribute traffic in both directions of Farley Road.

3. Traffic guards were placed at entrances, exits, and inside the parking lot to allow smooth and safe flow of traffic at arrival and departure.

4. Volunteers reminded attendees to be quiet and respectful of our neighbors.

5. Lowered lights in the parking lot to minimize light pollution.

6. A speed radar sign was placed on Farley Road at our request by the Los Gatos Police Department.

7. Increased patrols around our facility at our request by the Los Gatos Police Department.

8. Multiple, daily announcements reminding attendees to be mindful of neighbors, to be quiet and exit safely.

9. Coned off driveways and parking spots at the request of some of our neighbors, so that there are no vehicles parked in front of their homes.

10. Drive smaller and quieter vehicles including EVs to reduce noise.

11. Everything was indoors and there were no outside activities except for arrivals and departures.

12. Mid-Ramadan neighbor check-in with neighbors to ask them about their experience, and if they had any concerns or complaints. We heard positive feedback from almost everyone we were able to reach and have documented this in the neighbor outreach document that we are submitting with this response.

13. Multiple reach outs to Los Gatos Police during the month to seek feedback and identify any areas of improvements.

14. Published Ramadan Guidelines See Exhibit A lists our communication and reminders to our community to be respectful to our neighbors, park responsibly, and adhere to all safety guidelines.

One unintended consequence of forcing the exit to occur in a very short amount of time, is that we were forced to have everyone exit at essentially the same time, as opposed to spreading out the exit time.

The busiest night in Ramadan was on March 26th, corresponding to the 27th night of Ramadan, considered the holiest night. We recorded a video showing the traffic exiting the facility on Farley Road and heading in the Westerly direction.

Page 344 ends

ITEM NO. 8.

Request for Modification of Conditional Use Permit Page | 19 of 26 ● Approximately 850 attendees prayed together, spread over the three auditoriums that night. ● The video is 26 min long starting at 10:32 p.m. and ending at 10:58 p.m. showing almost the entirety of the orderly departure from the facility.
● The video shows a total of 84 vehicles left the parking lot (47%, our parking lot capacity is 180 spots). Most of the vehicles depart in 17 minutes between 10:35 p.m. (3 min mark) and 10:52 p.m. (20 min mark). In the last 7 minutes between 10:52 p.m. (20 min mark) and 10:59 p.m. (end), only 5 vehicles left the parking lot.

Note: We also used the entry driveway for exit, and vehicles turned left on Farley Road and headed in the Easterly direction. About half the vehicles left from each driveway. ● Pedestrians left the facility quietly, with the vast majority of them leaving within 7 minutes between 10:37 p.m. (5 min mark) and 10:44 p.m. (12 min mark). Pedestrians were directed to cross the road and walk on the south side of the street to ensure a smooth departure from the facility. ● There was no noise except for small conversation and vehicles departing. ● There was no speeding of the vehicles after exiting.
● The video also shows a traffic guard directing traffic for a safe exit. ● Officer Ben from Los Gatos Monte Sereno Police Department arrives at 10:39 p.m. and is situated outside of our exit to observe traffic and noise. We sought his advice and feedback at the end, and he commended us for managing the situation well. He commented on how quiet the departure was when people were walking to their cars, and informed us that he did not observe any violation or enforceable action. He commented that he did not see any speeding either.

Prior to this Ramadan, we had also implemented the following changes:

15. Gate track changes: To minimize noise from the gate track when exiting the parking lot, WVMA has temporarily removed the track/guide to the gate, rendering its $50,000 commercial gate inoperable.

16. Fences: WVMA has added or replaced the following fences to increase privacy and reduce light disturbance:
a. 110-feet of fence between the neighbor to the left at 16,793 Farley Road: Paid the total cost for replacing 6-foot fence and adding a 2-foot lattice.
b. Shared cost to replace 115-feet of fence shared with a neighbor fronting Corcel Court, including adding a 2-foot lattice.
c. Shared cost to replace 60-feet of chain link fence with a good neighbor wood fence and 2-foot lattice at the back of the property shared with a home on Chirco Drive.

17. Tree planting: To reduce light disturbance and noise, and increase privacy, WVMA has planted 10 trees on its campus, and trees were carefully selected so as to not cause issues with leaves falling into a neighbor’s swimming pool.

Alternate Facility Used for Eid-ul-Fitr
This year, at the end of Ramadan, we celebrated Eid-ul Fitr, one of the two most important holidays for Muslims at an offsite location at Vallco Parking Garage. Instead of using our own facility, we inconvenienced ourselves and our community, in rain and cold weather, to pray in an open garage, where we set up prayer mats, sound system, food stalls, and play areas for our children, at a substantial cost and burden.

Summary
In conclusion, we hope this submission gives the Town the detail it needs to approve our requested clarification of permitted hours for the West Valley Muslim Association in the Town of Los Gatos. If further information would be helpful, we stand ready to provide it. Our faith teaches that outstanding neighborliness is a paramount virtue, and we are committed to exemplifying it - balancing Town ordinances, our neighbors’ concerns, and our religious obligations.

Page 345 ends

ITEM NO. 8.

Request for Modification of Conditional Use Permit Page | 20 of 26 We look forward to partnering with you so that Farley Road remains both a peaceful home for worship and a place where generations of families can create joyful memories. Thank you for your time and thoughtful consideration.

Page 346 ends

ITEM NO. 8.

Request for Modification of Conditional Use Permit Page | 21 of 26 Exhibit A - Ramadan 2025 Guidelines
We published the following guidelines in our Ramadan Booklet, and also posted these prominently in multiple locations throughout the facility. We also emailed these to members, and posted in social media groups regularly.

Page 347 ends

ITEM NO. 8.

Request for Modification of Conditional Use Permit Page | 22 of 26 Page 348 ITEM NO. 8.

Request for Modification of Conditional Use Permit Page | 23 of 26 Page 349 ITEM NO. 8.

Request for Modification of Conditional Use Permit Page | 24 of 26 Exhibit B - Letter to Bishop Patrick McGrath, then Bishop of San Jose, The Diocese of San Jose

Page 350 ends

ITEM NO. 8.

Request for Modification of Conditional Use Permit Page | 25 of 26 Page 351 ITEM NO. 8.

Request for Modification of Conditional Use Permit Page | 26 of 26 Page 352 ITEM NO. 8.

Neighborhood Outreach Page | 1 of 16
Exhibit C - Neighborhood Outreach by West Valley Muslim Association 04/29/2025
Address: 16769 Farley Road, Los Gatos CA 95032
Property Zoned: R-1:8
APN: 424-21-062
Owner and Applicant: West Valley Muslim Association
Conditional Use Permit Application: U-24-010
Planner: Jocelyn Shoopman, Senior Planner, Town of Los Gatos The West Valley Muslim Association (WVMA) values its neighbors and has consistently made outreach efforts to its neighbors since the facility was purchased in 2018. Every year, for the last 6 years, we have proactively visited our neighbors, shared information about our activities including details and activities in Ramadan, offered gift baskets to our neighbors as a token of our appreciation, invited them to our annual Ramadan open houses, and provided phone and email addresses of our staff and board members to keep an open line of communication. This includes homes on Farley Road, Flintridge Drive, Corcel Court, Chirco Drive, and nearby homes on Izorah Way. Even prior to our CUP modification application, we implemented meaningful changes based on the feedback of some of our neighbors. We continue to be open to reasonable suggestions and ideas.

Neighborhood Feedback and Our Actions
Over the past few months, we actively reached out to around 65 neighbors, listened to their input, and gathered meaningful feedback from everyone we could reach. Much of the feedback is not directly related to our application for a modification to our conditional use permit to allow for the morning, nightly, and Ramadan Taraweeh prayers.

Nevertheless, we have taken meaningful actions whenever possible to address feedback received as best as we can.

Our actions have included, but are not limited to, installing fences, changing parking lot light directions, removing our gate track, installing signs to remind our attendees to be quiet, changing arrival and departure patterns, continual education and reminders to be respectful of our neighbors, announcements to drive safely, and many others.

1. Feedback received: Reduce noise from gate track
Our actions: We temporarily removed the gate track to reduce noise, which rendered our commercial grade-gate inoperable. With increased attacks on places of worship, we are concerned about exposing our facility to vandalism and security threats, and will be looking for ways to reinstall a gate in the near future, while minimizing noise from any track. We will seek a permit from the fire department prior to any changes.

2. Feedback received: Refinish parking lot to reduce noise Our actions: Our parking lot has some root damage. We are awaiting warmer weather to refinish the parking lot.

3. Feedback received: Replace chain-link fences to reduce noise and light Our actions: We have replaced chain-link fences with three of our neighbors as outlined below:
a. Paid the full cost ($4,300) of installing a new, 110-feet long fence between Kim and Jimmy Ratcliff, our neighbor . This replaced a fence that was falling apart with a “good neighbor” 6-foot high fence, and a 2-foot lattice to reduce noise and increase privacy. b. Shared cost to replace 115-feet of fence shared with a neighbor fronting Corcel Court, including adding a 2- foot lattice.

EXHIBIT 6

Page 353 ends

ITEM NO. 8.

Neighborhood Outreach Page | 2 of 16
c. Shared cost to replace 60-feet of chain link fence with a good neighbor wood fence and 1 foot privacy lattice at the back of the property shared with a home on Chirco Drive.

4. Feedback received: Install better noise barriers around fences Our actions: We have planted 10 trees around the property. Trees were carefully selected so as to not cause issues with leaves falling into neighbors’ swimming pools or yards. We are also open to planting additional hedges and trees, in consultation with our neighbors and the town.

5. Feedback received: Reduce noise
Our actions: We have placed Quiet signs as a reminder to our congregation, and are open to installing even more signs across the property as needed. We regularly remind our attendees after prayers, and also send reminders through all our communication channels of emails and text messages. We had volunteers holding Quiet signs standing at doorway exits every night in Ramadan.

6. Feedback received: Close westside doors and windows
Our actions: Our primary access to the facility is through the Eastside doors, as it is closest to the entry driveway, and to the parking. Eastside doors are primarily used for emergency use. Windows in Auditorium #1, closest to the exit, have a sill height of 8 feet, and remain closed.

7. Feedback received: Change gardener timings to avoid evenings and weekends Our actions: We changed the timings of our gardener based on neighbor requests.

8. Feedback received: Remove Right-Turn only signs on exit, and allow traffic to make a left turn Our actions: To the best of our knowledge the signs pre-existed our purchase of this facility in 2018. We believe they were installed due to an unprotected left-turn at the intersection of Farley Road onto Los Gatos Blvd. We are willing to remove these signs if the Town permits us to, and there are no safety concerns or liability.

9. Feedback received: Use the entryway as an exit
Our actions: In Ramadan 2025, we used both driveways for exits. We are open to considering this for any activities at the end of the day when we do not expect incoming traffic to conflict with outgoing traffic.

10. Feedback received: Implement shuttles/drop off during Ramadan Our actions: Ramadan places significantly higher demands on Muslims’ time. Additionally, there is a short amount of time between sunset and the appointed time when Ramadan taraweeh prayers start. Given this and other challenges, park and ride would not only create a substantial burden on our community, but would create considerable administrative, logistical and financial challenges for our non-profit religious organization. We have provided a detailed response in our Letter of Justification and Response to Staff Technical Review.

We highly encourage carpooling to minimize traffic during Ramadan. We remind our attendees regularly to be quiet, to drive safely, and park within our lot.

11. Feedback received: Vehicles speed on Flintridge and Chirco Drives Our actions: We continually advise our community to drive safely, not speed, watch for pedestrians, and follow all traffic laws. We have worked closely with the Los Gatos-Monte Sereno Police Department, and at our request, have increased patrols around Friday prayers and during Ramadan. We also encourage the Town to install speed humps, if deemed necessary. In Ramadan 2025, the Los Gatos-Monte Sereno Police Department, at our request, placed an electronic speed monitoring sign on Farley Road. Officer Ben was stationed outside of our facility on March 26, 2025, and noted to us that he has not observed any speeding.

Page 354 ends

ITEM NO. 8.

Neighborhood Outreach Page | 3 of 16

12. Feedback received: Park within our lot
Our actions: We remind our attendees regularly to park inside our lot. We are also considering re-striping our lot to gain additional parking spaces if possible.

13. Feedback received: Park away from neighbor fences inside our property whenever possible Our actions: Our entrance to the prayer hall and all auditoriums is on the eastside of the property and in the middle of the property. Naturally, most attendees park closer to the doors. Regardless, we are open to considering posting signs to only use some spots when the lot is not full.

14. Feedback received: Reduce light coming from vehicles Our actions: We intend to plant additional trees and hedges at the back of our property to reduce the light coming from vehicles to our neighbors on Chirco Drive. We are similarly open to considering planting hedges at other places around our property, if warranted, as well as hedges across from our exit way if appropriate. We also temporarily redirected traffic to exit from the entryway to avoid light disturbance to some neighbors.

15. Feedback received: Lower and dim parking lot lights Our actions: We have already redirected parking lot lights to point downwards, and not point into neighbor lots.

We also changed controls to turn on/off individual lights, so that we can only use those lights that are necessary instead of turning all of them at once. We installed motion-detected solar lights that enable us to turn off the lights on most nights when the number of attendees are few, so the brighter and higher lights are used less frequently.

16. Feedback received: Use Saratoga Prospect Center instead of Farley Road facility Our actions: We use both the Saratoga Prospect Center and the 16769 Farley Road facility for Ramadan and Friday prayers. Our attendance at the Saratoga Prospect Center for both Ramadan and Friday prayers is at capacity. For Friday prayers, we have three staggered prayers in summer, and two in winter.

Note: The Saratoga Prospect Center facility is rented from the City of Saratoga on an hourly basis, and is shared with other uses. It requires us to set up and tear down prayer mats, speakers, and other facilities at an additional cost and burden.

17. Feedback received: Provide advance notice of special events Our actions: We will be glad to notify our neighbors 30 days in advance for any special events.

18. Feedback received: Do not hold non-religious events Our actions: We use our facility for the benefit of our community, just like any other religious community. This includes prayers, talks and seminars for adults, Sunday school and educational classes for children and youth, religious holiday prayers and children’s activities, fundraising activities, lunches and dinners, community iftars (breaking of the fast in the month of Ramadan), neighborhood outreach, and other community classes/activities (e.g., Islamic calligraphy, youth and women’s activities, Quran classes, parenting classes, college application assistance, community benefit activities, etc. ). We also offer and conduct a few private religious ceremonies like Nikah or Katb al-Kitaab (signing of the wedding contract), Aqeeqa (newborn service, similar to baptism), funeral prayers, and other religious ceremonies.

A more detailed answer is provided in our Response to Staff Technical Review.

19. Feedback received: Provide information about all activities Our actions: All of our activities are listed on our events calendar on our website at https://wvmuslim.org/calendar/. Regular or ongoing classes are listed under Programs or Services sections of our website, and prayer times are listed separately on the home page.

Page 355 ends

ITEM NO. 8.

Neighborhood Outreach Page | 4 of 16

20. Feedback received: Provide contact information
Our actions: Our contact information is [email protected] and is forwarded to the current active duty staff and board members. We have also provided our contact information to all of our neighbors through a postcard with this information.

In addition to the above list of actions we took based on neighbor feedback, we also implemented 13 other adjustments this past Ramadan, as documented in the Letter of Justification we are submitting with this document.

Door to Door Outreach
We also reach out door to door to our neighbors each year before the start of Ramadan. This year, we also conducted mid-Ramadan check-ins on 3/14 and 3/15/2025.

For example, on Sunday February 23, prior to this year’s Ramadan, our Sunday School students went door to door to deliver a letter with information about Ramadan, what to expect, our contact information, along with a small token of appreciation to each neighbor. We have done similar informational outreach every year in the past (except during Covid).

We have also conducted extensive outreach directly relating to our request to modify the current conditional use permit, as follows:

Immediate Neighbors on Farley Road
: Ms. Kim and Mr. Jimmy Ratcliff. Our exit driveway borders their property.

Page 356 ends

ITEM NO. 8.

Neighborhood Outreach Page | 5 of 16
● At our own cost, we replaced the fence with a new good-neighbor fence and a 2-foot lattice between our properties.
● We planted a new tree at the corner of their lot to replace a dying tree, and picked a tree that would not shed leaves that could land in their pool.
● We changed the timings of our gardener to avoid weekends. We also ask our volunteers who help with light maintenance and cleanup to reduce or eliminate noise on weekends close to their property. ● We asked our community to not park right behind their fence, even during the daytime, unless our lot is full. ● To discuss our proposal, we met with them on September 19, 2024 at their house and on October 28, 2024 at WVMA. The Ratcliffs have presented a letter with 11 requests that are included in the “Neighborhood Feedback and Our Actions” section above.
● We continued to communicate with them over text, and offered to meet to discuss their 11 requests, as we could likely meet 10 out of those 11 in some form. As of 11/20/2024, Mr. Ratcliff indicated that they would like to let the “process play out”, and would rather not engage with us directly. We stand ready to meet with them at any time to discuss possible accommodations.
● Mid-Ramadan check-in on 3/14/2025: No answer.
: Mr. Omar Ali and Ms. Zahra Kassam. Our entry driveway borders their property. ● Mr. Ali and Ms. Kassam are members of our community and have rented this property until January 2025 with the explicit goal of being near WVMA. Ms. Kassam has written a letter of support for our application to the planning department.
● Mr. Ali and Ms. Kassam have also bought a property behind our facility at , and are in the process of remodeling.
● Mid-Ramadan check-in on 3/15/2025: We met with the new neighbors that recently moved in. We invited them to WVMA and gave them our contact info. They had no feedback for us as they were still getting accustomed to the neighborhood.

Neighbors on South Side of Farley Road
: Ms. Sloa (last name unknown)
● Ms. Sloa did not state any concerns. She mentioned that for the most of the year they rarely see any issues, except for Ramadan where they see more cars, but it doesn’t affect them, so she had no concerns. We shared our contact information with them.
● Mid-Ramadan check-in on 3/15/2025: Child answered the door. Could not reach an adult. : Mr. Mark Leonard
● Attended Community Café on Oct 19th.
● Mr. Leonard has indicated that he has concerns about the amount of traffic on Farley Road and parking. We will communicate with our members to make sure to park in our lot. ● Mid-Ramadan check-in on 3/15/2025: No answer.
:
● No answer on 12/4/2024. We left a postcard with our contact information. ● Mid-Ramadan check-in on 3/15/2025: No answer.
:
● No answer on 12/4/2024. We left a postcard with our contact information. ● Mid-Ramadan check-in on 3/15/2025: No answer.

Page 357 ends

ITEM NO. 8.

Neighborhood Outreach Page | 6 of 16
: Mr. Jingping Yang and Mrs. Yang
● We visited with Mr. & Mrs. Yang on 12/4/2024. Mrs. Yang said that the traffic is heavy sometimes and the lights bother her two kids because the lights go into their rooms. They said that after 10:30 p.m. they still see cars coming and going. They said that they saw that we requested an extension of time to 11p.m. all year round and that we should only request it for certain months if we do not need it all year round. They said they understand that Ramadan is once a year and that is acceptable.
● Mid-Ramadan check-in on 3/14/2025: Mr. Yang said “you are much, much better this year” and did not highlight any issues or concerns.
: Mr. Bill Hoeft. Directly across from the entrance.
● Attended Community Café on Oct 19th.
● Mr. Hoeft has concerns about vehicle lights when exiting the property whenever the entryway is used as an exit, as requested by another neighbor. We will consider moving our exit back to the normal exit. ● Mid-Ramadan check-in on 3/14/2025: Met with Ms. Maria (last name unknown). She said we’re doing ok. She said we usually get lights in the house but she said they haven’t been in the living room much, and it doesn’t affect them. She said it’s much better than during Covid times and it’s been really nice so far. : Mr. Roger and Ms. Ann Bundlie. Directly across from the exit. ● We spoke to Mr. Bundlie in person on 7/12/2024, and again on 7/19/2024. Mr. Bundlie is concerned about the vehicle lights as they depart our facility. We offered if there were any ways we could make things better by planting hedges or trees on his property. He declined, but said that if he could think of something he would let us know.
● Met Ms. Bundlie on 11/25/2024 to seek feedback. She provided feedback about traffic, noise, and the speed of vehicles. She also is concerned about vehicle lights shining in her living room when exiting at night. We reiterated that we will remind our community to be respectful and considerate as they leave. We will discuss with her whether planting hedges in the front of her lot could help reduce the light disturbance. We left a postcard with our contact information to reach us any time with any concerns. ● We met with Ms. Mary (last name unknown) who is a resident of the back unit on this property on 03/21/2024.

She highlighted that some vehicle engine noises are louder and bother her. We have reminded our attendees to avoid sudden acceleration, and minimize noise. We have followed up with text messages to get feedback, but have not heard back.
● Mid-Ramadan check-in on 3/14/2025: No response.
:
● No answer on 11/25/2024. We left a postcard with our contact information. ● Mid-Ramadan check-in on 3/14/2025: No answer.
● Mid-Ramadan check-in on 3/15/2025: Mr. John O’Connor said that he had absolutely no complaints and that we are wonderful neighbors. He thanked us for delivering treats during our last visit and wished us Ramadan Mubarak.
:
● No answer on 11/25/2024. We left a postcard with our contact information. ● Mid-Ramadan check-in on 3/14/2025: Talked to Mr. Alvin (last name unknown). He said he doesn’t mind people parking on the street, and said that all is good with them. He did not have any problem with WVMA’s use.

Wished us a happy Ramadan.

Page 358 ends

ITEM NO. 8.

Neighborhood Outreach Page | 7 of 16
: Mr. Prashant Pai
● Met Mr. Pai on 11/25/2024 to seek feedback. He raised concerns regarding street parking. We agreed to further educate our community about parking in our facility’s lot. ● Mid-Ramadan check-in on 3/14/2025: Met with Mr. & Mrs. Pai: They said “so far so good”. They requested that one thing that bothers them is when their mailbox is blocked on Fridays in the past. : Ms. Richa Kandlikar
● Met with Ms. Kandlikar on 11/26/2024. She mentioned that they see many cars, but otherwise have no complaints. Ms. Kandlikar asked whether there are any activities for kids to learn about Islam. Our outreach committee will follow up with her separately.
● Mid-Ramadan check-in on 3/14/2025: A gentleman opened the door. He said we’re doing good. Everything is alright.
:
● No answer on 11/25/2024. We left a postcard with our contact information. ● Mid-Ramadan check-in on 3/15/2025: Ms. Eunice (last name unknown) opened the door. She had no complaints, and called us good neighbors for checking in so often. She wished us a happy holiday. She said traffic doesn’t bother them and they are happy to have us in the neighborhood. : Dr. Shreyas Mallur
● Spoke to Dr. Mallur on 12/6/2024. He has indicated that he has no concerns.

Neighbors on North Side of Farley Road
:
● No answer on 12/4/2024. We left a postcard with our contact information. : Mr. Truc Dam
● Mr. Dam spoke with us for about ten minutes outside his home on 12/2/2024. ● Mr. Dam mentioned that he is really happy to have us here in his neighborhood. He shared that a local church (not sure where) usually blocks off the entire street, and suggested we do the same. We thanked him for his suggestion, and agreed that we plan not to block streets or parking. ● Mr. Dam said he does not like the idea of having a month-long heavier traffic in Ramadan, and said it was too much to have Ramadan be a month long.
● Mr. Dam voiced concerns about the impact on other neighbors. ● Mr. Dam advised us to respect our neighbors, and he suggested that to reduce traffic, we rent a parking lot and use a shuttle service. He was concerned about walking dogs in the neighborhood late at night, and because there are no sidewalks, it is more dangerous if vehicles are speeding, but he also said that the vast majority of people drive safely, but some are in a hurry and ruin it for everyone else. He said that at his Buddhist Temple, they constantly remind attendees to drive safely, and we also pointed out that we do the same. ● Mid-Ramadan check-in on 3/15/2025: No answer
: Mr. Fred Kanzaki
● We have had multiple short conversations with Mr. Kanzaki over the years, and he has not expressed any feedback or concerns to us, even on our recent visit on 12/8/2024. :
● No answer on 11/25/2024. We left a postcard with our contact information.

Page 359 ends

ITEM NO. 8.

Neighborhood Outreach Page | 8 of 16
● Mid-Ramadan check-in on 3/14/2025: Residents said they are not having any problems with WVMA. :
● No answer on 11/25/2024. We left a postcard with our contact information. ● Mid-Ramadan check-in on 3/14/2025: No answer.
● Mid-Ramadan check-in on 3/15/2025: Mr. Kevin Phillips said everything was fine except that he sometimes would see people parking in the curb space in front of his house driveway in the evening. We offered to deliver cones to him to block off the front of his driveway and were able to adhere to this. : Ms. Rita Skubis
● Met with Ms. Skubis on 11/26/2024 to seek feedback. Ms. Skubis is concerned about traffic safety, especially with children playing and for animals. She asked us to consider a shuttle service during Ramadan. We agreed to remind our attendees about driving safely and being mindful of the neighbors. ● Mid-Ramadan check-in on 3/14/2025: Ms. Johnna came out and said that we’ve been fabulous. She said that their family has been there since ‘75. She said that our space is zoned for religious worship. She said she never has had any issues with us, and that we are the quietest and cleanest neighbors. She never experienced any loud music or litter coming from us, or anything disrespectful. She said that people park on the street but it’s public parking.

She said she has no issues, and that we have the right to worship. Finally she said we should be able to use our space to the max capacity that is allowed. She also invited us to come back to talk to her as well. : Mr. Ali Reza
● Met with Mr. Reza on 11/26/2024 to seek feedback. They are concerned about street parking and asked us to use our own parking lot. We agreed to remind our attendees as such. We left a postcard with our contact information. ● Mid-Ramadan check-in on 3/14/2025: No answer.
:
● No answer on 11/26/2024 and again on 12/4/2024. We left a postcard with our contact information. ● Mid-Ramadan check-in on 3/15/2025: No answer
:
● Attempted to reach on 11/26/2024. Left a postcard with our contact information. ● Attempted again on 12/4/2024.
● Mid-Ramadan check-in on 3/15/2025: No answer.
: Ms. Mei Lin
● We met with Ms. Lin on 11/26/2024. This is the last house on Farley Road at the corner of Flintridge Drive. She said we are quiet neighbors and that she did not have any concerns. We left a postcard with our contact information.
● Mid-Ramadan check-in on 3/15/2025: No answer.
: (at the intersection of ), Mr. Al Honorio.
● Met with Mr. Honorio on 11/25/2024 to seek feedback. He indicated that the traffic has increased in the last 30 years since he has lived in this house, and was concerned about potential accidents due to the increase over the years. He suggested that traffic or stop signs be installed. He also suggested that we have a park and ride program during Ramadan to alleviate traffic. We agreed to take these into consideration, and to remind our attendees to not speed. We left a postcard with our contact information. ● Mid-Ramadan check-in on 3/14/2025: Met with Mr. Honorio. He said that traffic has been much less, is not as bad as before, and that we have been respectful.

Page 360 ends

ITEM NO. 8.

Neighborhood Outreach Page | 9 of 16
On West side of property
:
● Mid-Ramadan check-in on 3/15/2025: No answer.
: . We share a fence with them.
● We met with on Wednesday November 13, after exchanging text messages for over 4 weeks prior to the meeting.
● is concerned about noise of kids playing in the parking lot, especially on weekend mornings around 9 a.m. She is also concerned about the vehicle lights going through the fence when they are using their backyard.

She commented that there is increased traffic on Flintridge Drive and has safety concerns when walking or exiting from Corcel Ct.
● We discussed possible mitigations, but did not appear interested in us addressing her specific concerns at that time, but rather, have us present a plan for all neighborhood concerns. ● Mid-Ramadan check-in on 3/15/2025: mentioned that it’s been quiet this year. She didn’t have complaints about this Ramadan except for one fast car that did not have their headlights on during their evening walk. appreciated what we were doing now but had more concerns about whether this would be the “new normal” (i.e. going forward, would we be moving all “events” to Prospect Center? Would prayer timings move all over the place? Would our mosque “flock” grow as a church would?). She requested a 5 year plan and wanted transparency on our inner workings/CUP updates (husband suggested some sort of survey that they could write in to).

She said she had been trying to contact Mr. Razi Mohiuddin prior to Ramadan and throughout the month to get these answers to no avail. Mr. Mohiuddin did not receive any text, call or emails. Mr. Mohiuddin reached out by text on 3/21/2025.

On 4/8/2025, replied back and said that she is disappointed that she had not seen any reply from WVMA on the deficiencies. She asked whether we had plans for a better soundproof wall that is a minimum of 8 feet tall between our two properties, and that she continues to see parking lights being left on. Mr. Mohiuddin responded back on 4/10/2025 requesting a call or meeting to provide an update, and received a reply that would like an update by emails or text. Mr. Mohiuddin provided updates about lowering the parking lot lights, installation of solar motion detected lights for occasional use, and requested showing a picture of the lights from her property so we can make any other adjustments. Mr. Mohiuddin reiterated that he would like to get feedback on this recent Ramadan on what worked well, and what did not.

On 4/19/2025, responded back by text that she would like a written response to her inquiry before venturing down another discussion about feedback, and that she is anxious to hear our plans.

On 4/20/2025, Mr. Mohiuddin responded back that WVMA will be submitting our written response to the Town shortly.
:
● Attempted to reach on 12/4/2024. Left a postcard with our contact information. :
● Mid-Ramadan check-in on 3/15/2025: No answer.

Page 361 ends

ITEM NO. 8.

Neighborhood Outreach Page | 10 of 16
: Mr. Michael and Ms. Amanda Baker. Neighbors towards the north west side. Their home shares a fence with our facility, and we shared the cost of replacing the fence and adding a 2-foot lattice. ● Attended Community Café on Oct 19th. Mr. and Mrs. Baker did not highlight any concerns at this time. ● Mr. Baker, in a letter to the Town, has indicated that noise during daytime events are bothersome especially in summer when they would like to spend time in their backyard. ● Mid-Ramadan check-in on 3/15/2025: No answer.
:
● Attempted to reach on 11/27/2024. Left a postcard with our contact information. ● Mid-Ramadan check-in on 3/15/2025: No answer.
:
● Mid-Ramadan check-in on 3/15/2025: No answer.
:
● Attempted to reach on 11/27/2024. Left a postcard with our contact information. :
● Attempted to reach on 11/27/2024. Left a postcard with our contact information. :
● Attempted to reach on 12/4/2024. Left a postcard with our contact information. : Ms. Sadaf Shekarchian
● Met with Ms. Shekarchian on 11/27. He did not share any concerns.

Flintridge Dr
: Ms. Nika and Mr. Nam (last name unknown)
● We met with Ms. Nika and Mr. Nam on 12/4/2024. They know about our center and do not have any concerns. : Ms. Meiko Banno
● Met with Ms. Banno on 12/4/2024. She said she did not have concerns to share. After we prompted her, she mentioned noticing speeding cars sometimes. We agreed to remind our community about traffic safety. ● Mid-Ramadan check-in on 3/15/2025: No answer.
: Mr. Scott (last name unknown)
● Mr. Scott and family have lived in the neighborhood for many years. They have the expectation that with a mosque or church in the neighborhood, residents should expect that there will be more traffic. Mr. Scott does notice car traffic, and does not have any concerns to share. He specifically mentioned that he was not bothered, and that we are not annoying at all. His son plays football and basketball, and appreciated our invitation to have them drop by our property and play sometime.
:
● Attempted to reach on 12/4/2024. The home appears vacant.

Page 362 ends

ITEM NO. 8.

Neighborhood Outreach Page | 11 of 16
:. Ms. Zaida Ventocilla
● Met with Ms. Ventocilla on 12/3/2024. We asked if she noticed anything concerning or worth mentioning, like cars, and then she did say yes there is some traffic she notices mostly on Fridays. She said she didn't really have any issues or suggestions.
:
● 12/4/2024: We attempted to connect, but the occupants did not speak English. They accepted our contact information.
:
● Attempted to reach on 12/4/2024. Left a postcard with our contact information. :
● Attempted to reach on 12/4/2024. Left a postcard with our contact information. :
● Attempted to reach on 12/4/2024. Left a postcard with our contact information. :.
● Attempted to reach on 12/4/2024. Left a postcard with our contact information. :. Ms. Gaitie Zaheer
● Member of the community, and at the corner of Flintridge Drive and Corcel Drive. ● Often walks to the center with her child.
● Has written a letter of support for the CUP modification.

On North side of property
:
● Could not reach 12/7/2024. We left contact information at the door. : Mr. Howard Goodman
● Visited on 12/7/2024.
● Mr. Goodman has been a resident of the neighborhood for a long time. He wished us happy holidays. He said that he had no complaints and was very happy with us as neighbors. He had received flyers and information from us previously, and thanked us for keeping them informed. :
● Attempted to reach on 12/8/2024, but no answer. We left our contact information. : Ms. Chigiy Binell
● Visited on 12/8/2024.
● We met with Ms. Binell. She did not have concerns or feedback at the time. She wished us happy holidays. : Mr. Ralph Cramer. We share a fence with them and split the cost to replace the fence between our two properties. We installed a 2-foot lattice on top of the fence. ● Mr. Cramer joined us for Community Cafe on Oct 19th and we continue to be in text communication with him.

Page 363 ends

ITEM NO. 8.

Neighborhood Outreach Page | 12 of 16
● Based on previous discussions, we moved our basketball hoop away from his backyard, changed the lighting to point away from his home, installed individual switches to each parking lot light so that lights closest to his backyard are only turned on when needed.
: Ms. Fatima (Tina) and Mr. Ibrahim Hashemi
● Met with Ms. and Mr. Hashemi on 12/7. They have been living in the neighborhood for 30+ years. They were gracious enough to invite us for dinner and tea. They mentioned that they have heard good things about WVMA outreach from neighbors across the street and have very positive opinions about our community (quiet, polite).

Ms. Hashemi has met Ms. Lubna Sheikh (WVMA Executive Director) in the past regarding efforts for a struggling Afghan family.
: Mr. Sharath Raghava and Ms. Smrithi Konanur. We share a fence with them on the north of our facility.
● We shared the cost to replace a chain link fence covered with ivy with a good neighbor fence and added a 1-foot privacy lattice on top.
● We have been in communication with them since October 2022. ● We met with them on 12/20 2024 at their home. They highlighted concerns around parking lot lights, and noise especially during Friday and Saturday nights during the summer. We discussed lowering the lights, and repointing them downwards. We have complied with their request.
● Ms. Konanur also mentioned speeding on Chirco Drive, and would like us to remind our community to drive safely. We agreed to do so.
● Mr. Raghava is also concerned about sound leaking from the prayer auditorium when the doors are opened. We have redirected indoor speakers away from the door, and placed a barrier next to the door to block sound when doors are opened.
● They also requested that cricket in the parking lot be moved to a park. We will discuss this and determine the best course of action.
● We also discussed planting additional hedges for both noise and vehicle lights. : Mr. Raman Bindlish.
● Met with Mr. Bindlish on 12/21/2024 at his home.
● He highlighted that there are no trees behind his property, and any cars entering our facility shine lights into his bedroom. He has planted some trees, but they have not grown yet. We discussed potentially planting some hedges and trees on our side of the property.
● Mr. Bindlish would also like us to move the basketball hoop away from his property. ● Mr. Bindlish is also concerned about speeding on Chirco Drive. We agreed to remind our attendees to drive safely and within speed limits.
● Mr. Bindlish also mentioned that on Friday afternoons around 2:20 p.m., his son and other students return from school on bikes, around the same time the Friday prayers are over. We agreed to see if we can move up the timings of the Friday prayers from 1:30 p.m. to 1 p.m. to help address any concerns. We can do this during the winter months, but in summer months, this may not be possible due to the timings of the prayer. : Mr. Omar Ali and Ms. Zahra Kassam
● Mr. Ali and Ms. Kassam are members of our community and recently acquired this property with the explicit goal of being near WVMA. The property is undergoing remodeling while they live on Farley Road temporarily in a rented home. Ms. Kassam has written a letter of support for our application to the planning department. :

Page 364 ends

ITEM NO. 8.

Neighborhood Outreach Page | 13 of 16
● Unable to reach on 12/7/2024.
: Did not get the name of the residents.
● Visited on 12/7/2024. They thanked us, were unfamiliar with WVMA, and did not identify any concerns. : Ms. Ying Lin Yueh
● Visited on 12/7/2024. Ms. Yueh did not have any concerns and wished us a happy weekend. : Ms. Donna and Mr. Earl Boucher
● Visited on 12/7/2024.
● Ms. Donna Boucher answered the door. They are long-time residents of the neighborhood. She said that we are good neighbors and don’t mind the traffic or noise on Fridays. ● Ms. Boucher said she is familiar with our mosque and appreciated our visits in the past. She did not have any complaints, and wished us happy holidays.
: Ms. Sonia (Norka) Espejo
● Visited on 12/7/2024.
● Ms. Espejo was very appreciative of our visit, and wished us happy holidays. She said that she was familiar with WVMA and considered us good neighbors.
: (corner of Chirco Dr. and Benedict Ln.)
● Met on 12/7/2024. Did not share a name.
● The resident was unfamiliar with WVMA and had no complaints about noise or traffic.

Nearby neighbors (within a few blocks of the facility)
: Ms. Rasha Lashin and Mr. Sabri Brahim.
● WVMA community members and supportive of our application. ● Ms. Lashin and Mr. Brahim live one block away and often walk to our facility. : Ms. Lamia Ibrahim
● Lives three blocks away.
● WVMA community member and has written a letter of support to the planning department.

Annual and Group Outreach
We have done annual outreach to our neighbors from the time we purchased the property in 2018, particularly before Ramadan to inform our neighbors about our activities. We have invited our neighbors to open house iftars (breaking of the fast in Ramadan), morning meet-ups, and community cafes. These are not new activities that we just started, but have been ongoing. Below are some examples of invitations sent to our neighbors:

March 2023 Open House
This invitation was printed and hand delivered to each of our neighbors on Farley Road, Flintstone Drive, Corcel Court, and Chirco Drive.

Page 365 ends

ITEM NO. 8.

Neighborhood Outreach Page | 14 of 16
July 2023 Evite Invitation
The following 4 images show the Evite invitation sent for morning meet-ups with our neighbors. Images show the names and some comments.

Page 366 ends

ITEM NO. 8.

Neighborhood Outreach Page | 15 of 16
Our most recent Community Cafe event was on Sunday, October 19th where 5 of our immediate neighbors joined us along with multiple police officers from Los Gatos/Monte Sereno Police Department, and a member of the Los Gatos Diversity, Equity, and Inclusion (DEI) Commission. We gave them a tour of our facility, and sought their feedback. Below are some photos relating to that event.

Page 367 ends

ITEM NO. 8.

Neighborhood Outreach Page | 16 of 16

Page 368 ends

ITEM NO. 8.
15'-0"
24'-0"
24'-0" 24'-0"
26'-0"
1 4'-0"

45.00°
6 60.00°

0.00°
12'-0"

EXISTING BUILDING

EXISTING TREESEXISTING TREES

EXISTING TREES

EXISTING TREE
FARLEY
ROAD

PROPOSED EDGE OF CURB EXISTING EDGE OF CURB

EXISTING TREES

EXISTING TREES

EXISTING TREES

EXISTING
TREES

EXISTING TREES

30.00°

HATCHED AREA TO

RECEIVE PERVIOUS

PAVEMENT BY OTHERS
UP UP

PROPOSED ACCESSIBLE ROUTE

FLUSH WITH SIDE AISLE

CURB RAMPS UP

EXISTING TREES

VAN VAN

SECURITY PARKING

EXISTING BUILDING EXISTING BUILDING

45.00°
15'-4-1/2"

EXISTING
22'-0"
22'-0"
24'-0"

EXISTING

OPEN AREA
24'-0"
5'-0"

EXISTING

LANDSCAPE
AREA

EXISTING
25'-0"
4'-0" 4'-0" 4'-0" 4'-0"
4'-0" 4'-0"

UNISTALL

ACCESSIBLE

VAN ACCESSIBLE

STALL TYPE LEGEND
VAN

UNISTALL
18'-0"
8'-6"

DOUBLE STRIPED

PER TOWN OF LOS

GATOS STANDARDS -
STRIPES TO BE 18"
APART

END OF STRIPE

LOCATION, SEE
PLANS

DASHED LINE

INDICATES EXTENT

OF STALL

REVISIONS
NO. DATE BY
JOB NO.

DATE
DESIGN
DRAWN
CHK. BY
SCALE
SHEET:
:
:
:
:
:
:
©WATRY DESIGN, INC. 2025
watrydesign.com
San Jose, California
Long Beach, California

NOT FOR

CONSTRUCTION
As indicated
6/17/2025 3:39:29 PM
PK2.1WEST VALLEY MUSLIM ASSOCIATION 16769 FARLEY RD.
25-047 LOS GATOS, CA

CONCEPTUAL SITE PLAN
- PARKING

CONCEPT DESIGN

AYUB PATEL
06/05/2025

AYUB PATEL

YILING WANG
SCALE: 1/16" = 1'-0"
16'-0" 0' 32'-0" 64'-0"

LEVEL UNISTALL
(8'-6"x18'-0")

ACCESSIBLE
(9'-0"x18'-0")
VAN

ACCESSIBLE
(9'-0"x18'-0")
TOTAL
LEVEL 01 196 5 2 203
TOTAL 196 5 2 203

PARKING STALL SUMMATION
N
1 STALL TYPE
NOTES:

1. ALL EXISTING DIMENSIONS TO BE VERIFIED IN FIELD BY OTHERS

2. ALL EXISTING LANDSCAPE ELEMENTS TO BE VERIFIED IN FIELD BY OTHERS

3. USE DETAIL 1 TO DOUBLE STRIP ALL STALLS PER TOWN STANDARDS

Page 369 ends

ITEM NO. 8.

This Page
Intentionally
Left Blank

Page 370 ends

ITEM NO. 8.
29 April 2025
Matthew Visick
Reuben, Junius & Rose, LLP
One Bush Street, Suite 600
San Francisco, CA 94104
[email protected]
Subject: West Valley Muslim Association, Los Gatos, CA
Hours of Operation Noise Analysis
Salter Project 25-0042
Dear Matthew:

We understand that the West Valley Muslim Association (WVMA) is requesting that their allowable hours of operation be increased as follows:
● Nighttime hours: From 10 p.m. to 10:30 p.m.
● During the 30-day month of Ramadan: From 11 p.m. to 11:30 p.m. ● Morning hours: Daily dawn (Fajr) indoor prayer service starting an hour and 15 minutes before sunrise
Neighbors have expressed concern that noise related to these activities (e.g., vehicle traffic, ingress and egress) could be intrusive to their homes. This report summarizes calculated noise transfer to the nearest adjacent property lines, compares these to applicable Town criteria, and provides mitigation recommendations as needed.

SUMMARY
Our measurements and analysis indicate that noise associated with the requested extended hours of operation, such as from vehicles arriving and departing, would not exceed the Town Noise Ordinance standards. Additionally, measured event arrival and departure activity did not noticeably increase noise levels above ambient.

EXHIBIT 7

Page 371 ends

ITEM NO. 8.

West Valley Muslim Association
29 April 2025
Hours of Operation Noise Analysis

Page 2 ends

LOS GATOS CODE OF ORDINANCES
Chapter 16 of the Los Gatos Municipal Code1 provides the Town’s Noise ordinance. We have included the full sections applicable to the project in Appendix A. The pertinent criteria are summarized as follows:
● Section 16.20.055 relates to motor vehicle noise and includes the following applicable criteria:
o Typical non-commercial vehicle noise (less than 6,000 lbs.) is limited, according to the Vehicle Code of the State of California, to 95 dBA2
o Heavy vehicles (greater than 10,000 lbs.) are not to idle for 15 minutes or more during any hour within 150 feet of a residential area
o Vehicle repair and testing noise shall meet the Town’s property line noise limits o Motorized recreational vehicles (e.g., non-commercial racing vehicles, motorcycles, go-carts, campers) must meet the Town’s property line noise limits ● Section 16.20.015 provides the property line noise limits. Based on the WVMA’s requested increased hours of operation, our analysis focuses on the hours between 10 p.m. and 6 a.m. The applicable noise limits for the site during this time period are as follows:
o Weekdays: 54 dBA
o Weekends and Holidays: 49 dBA
● Section 16.20.010 addresses noise made between 10 p.m. and 8 a.m. (curfew noise disturbance). This section prohibits the following types of noise from being generated within 100 feet of a building regularly used for sleeping purposes or from disturbing any person(s) within hearing distance of such noise:
o Unreasonably disturbing noises that are physically annoying to people of ordinary sensitivity or which are so harsh or prolonged or unnatural or unusual in their use, time or place as to cause physical discomfort to a person(s)
o Noises that are not necessary in connection with an activity which is otherwise lawfully conducted
1 https://library.municode.com/ca/los_gatos/codes/code_of_ordinances?nodeId=CO_CH16NO 2 A-Weighted Sound Level – The A-weighted sound pressure level, expressed in decibels (dB). Sometimes the unit of sound level is written as dB(A). A weighting is a standard weighting that accounts for the sensitivity of human hearing to the range of audible frequencies. People perceive a 10 dB increase in sound level to be twice as loud.

Page 372 ends

ITEM NO. 8.

West Valley Muslim Association
29 April 2025
Hours of Operation Noise Analysis

Page 3 ends

SITE DESCRIPTION
The WVMA is located at 16769 Farley Road. The building is along the road and there is a parking lot in the rear (to the north). The facility has a driveway at each end. The arrival driveway is on the east side of the property and the departure driveway is to the west. The motorized gate at the departure driveway has been disabled to reduce noise from gate operation and from vehicles driving over the gate track. The property is adjacent to residential properties on all sides. There are approximately 5-to-6 foot-tall wood slat fences separating WVMA property from the adjacent residences along every property line except the south (Farley Road).

AMBIENT NOISE MEASUREMENTS
We conducted three long-term ambient noise measurements between January 31 and February 11th. LT-1 was located at the departure egress aisle, LT-2 was located on Farley Road and LT-3 was located in the rear parking lot. Our noise monitors were mounted on trees and utility poles at an approximate height of 12 ft above grade. The measurement locations are shown on Figure 1 for reference.

ANALYSIS
Vehicle Noise
We did not measure vehicle noise in excess of 95 dBA at any of the three measurement locations over the duration of our measurement interval.

Additionally, we understand that the WVMA parking lot is not used for heavy vehicle idling, vehicle repair or testing, or recreational vehicle usage. Therefore, the project meets the motor vehicle noise criteria of Section 16.20.055 and this is not expected to change if the requested increased hours of operation are granted.

Nighttime Hours – Event Departure Noise
The Town’s property line noise limits concern heavy vehicle idling, vehicle repair and testing, and recreational vehicles. These seemingly do not apply to vehicle egress noise. However, to provide additional context to the noise environment at the site, we conducted additional noise analyses in relation to the property line noise limits and existing ambient noise levels.

Page 373 ends

ITEM NO. 8.

West Valley Muslim Association
29 April 2025
Hours of Operation Noise Analysis

Page 4 ends

Using the WVMA’s schedule of events, we identified the average noise level (Leq(h)3) in the hour after an event as the congregation was leaving4. We measured the following noise levels:
● Location LT-1: WVMA Egress Aisle – 49 dBA
● Location LT-2: Farley Road – 53 dBA
● Location LT-3: WVMA Rear Parking Lot – 53 dBA
Based on the barrier noise reduction methodology specified in Laymon Miller5and our experience with similar projects, we calculate that the wooden fences between the WVMA and adjacent properties provide approximately 7 dB of noise reduction across the property lines. Accounting for potential discontinuities in the fencing, we are conservatively applying a 5 dB reduction. This would result in the following property line noise levels:
● West Property Line: Adjacent to WVMA Egress Aisle (fence) – 44 dBA ● South Property Line: Adjacent to Farley Road (no fence) – 53 dBA ● North Property Line: Adjacent to WVMA rear parking lot (fence) – 48 dBA Our analysis indicates that the weekday 54 dBA criterion would be met at each property line. The 49 dBA weekend and holiday criterion would be met at the residential property line adjacencies (west and north).

For additional context, we compared noise from the congregation leaving an event to ambient noise levels measured during the same hour on nights when no events were held. Table 1 summarizes this analysis. For reference, ambient noise levels are higher during rain. This is due to the sound of the rainfall and because vehicle noise is louder on wet roadways. So, for simplicity, the following noise level comparisons are all at times when, according to available weather data, it was not actively raining.

3 Leq(h) – The equivalent steady-state A-weighted sound level that, in a stated period of time, would contain the same acoustic energy as the time-varying sound level during the same period. 4 Community Event departure, 8 to 9 p.m. Friday, 2/7/25 (no rain) 5 Laymon Miller, Noise Control for Buildings and Manufacturing Plants (Cambridge, Mass: Bolt, Beranek, and Newman, Incorporated, 1981), Chapter 10

Page 374 ends

ITEM NO. 8.

West Valley Muslim Association
29 April 2025
Hours of Operation Noise Analysis

Page 5 ends

Table 1: Event Departure Noise Level Comparison Along Farley Road Measurement
Location
Measured Noise Level
from Congregation
Leaving Event
(8 to 9 p.m., Fri 2/7,
No Rain)
Measured Weekday
Ambient Noise Level
(8 to 9 p.m., No WVMA
Event, No Rain)
Measured Weekend
Ambient Noise Level
(8 to 9 p.m., No WVMA
Event, No Rain)
LT-1: WVMA
Egress Aisle 49 dBA 44 to 55 dBA 46 to 51 dBA
LT-2: Farley Road 53 dBA 47 to 52 dBA 46 to 53 dBA
LT-3 WVMA Rear
Parking Lot 53 dBA 44 to 52 dBA 45 to 52 dBA
Measured noise levels from the congregation leaving an event were within 1 dB of measured ambient noise levels on weekdays and weekends when there was no WVMA event. For reference, increases of less than 3 dB are typically considered unnoticeable6.

Though vehicle egress noise does not apply to the Town property line noise criteria, our measurements and analysis indicate that noise levels from the congregation leaving an event would meet these standards. Additionally, our measurements indicate that event departure did not noticeably increase noise levels above ambient.

Sunrise Prayer – Event Arrival Noise
We conducted similar noise measurements and analysis for the congregation arriving to an event. The following noise levels were recorded during a WVMA event arrival7:
● Location LT-1: WVMA Egress Aisle – 53 dBA
● Location LT-2: Farley Road – 56 dBA
● Location LT-3: WVMA Rear Parking Lot – 53 dBA
Accounting for the fences at the site perimeter results in the following property line noise levels:
● West Property Line: Adjacent to WVMA Egress Aisle (fence) – 48 dBA ● South Property Line: Adjacent to Farley Road (no fence) – 56 dBA ● North Property Line: Adjacent to WVMA rear parking lot (fence) – 48 dBA 6 Based on findings from the US Department of Transportation Urban Mass Transit Administration (UMTA) and The Federal Interagency Committee on Noise (FICON). This standard is also applied in other Bay Area noise elements, such as, Sunnyvale and Piedmont.
7 Arabic Playground and Women’s Fitness arrival, 9 to 10 a.m. 2/6/25 (no rain)

Page 375 ends

ITEM NO. 8.

West Valley Muslim Association
29 April 2025
Hours of Operation Noise Analysis

Page 6 ends

Our analysis indicates that the weekday 54 dBA criterion and 49 dBA weekend and holiday criterion would be met at the residential property line adjacencies (west and north).

Table 2 compares event arrival noise to ambient noise levels measured during the same hour in the mornings when no events were held. Similar to Table 1, all reported noise levels are from days and times when it was not raining.

Table 2: Sunrise Service Approximation
Measurement
Location
Measured Noise Level from
Congregation Event Arrival
(9 to 10 a.m.,
Th 2/6, No Rain)
Measured Weekday
Ambient Noise Level (9 to
10 a.m., No WVMA Event,
No Rain)
Measured Weekend
Ambient Noise Level (9 to
10 am, No WVMA Event,
No Rain)
LT-1: WVMA
Egress Aisle 53 dBA 48 to 53 dBA N/A*
LT-2: Farley Road 56 dBA 50 to 64 dBA N/A*
LT-3 WVMA Rear
Parking Lot 53 dBA 46 to 54 dBA N/A*
* We were not able to compare to weekend non-event ambient noise levels because there were morning services on all weekend days over the course of our measurements (and we assume this would be the case moving forward).

Measured noise levels from the congregation arriving to an event were within the range of measured ambient noise levels on weekdays.

Though vehicle ingress noise does not apply to the Town property line noise criteria, our measurements and analysis indicate that noise levels from the congregation arriving to an event would meet these standards at the west and north property lines. Note that the 56 dBA measurement along Farley Road includes all traffic. Thus, it is not fully attributable to WVMA activity. Additionally, our measurements indicate that event arrival did not increase noise levels above ambient.

Additional Discussion
Our analysis has primarily focused on vehicle ingress and egress for facility events as that is the activity likeliest to occur between the hours of 10 p.m. and 6 a.m. (in line with the WVMA’s request for extended hours of use). Between 10 p.m. and 6 a.m., the Town Noise Ordinance prohibits “unreasonably disturbing noises that are physically annoying to people of ordinary sensitivity”. This is difficult to quantify. However, the Ordinance allows noise that is “necessary in connection with an activity which is otherwise lawfully conducted” and allows vehicle noise of the type that is anticipated with the requested hours of use.

Therefore, the extended hours of use would not appear to violate the Town’s applicable noise standards.

Additionally, we understand that the facility will be using security guards and volunteers to direct traffic and manage parking. This should further reduce noise transfer to neighboring residences.

We understand that event noise within the facility occurs with windows and doors shut. Thus, we do not expect activity within the building to exceed the Town Noise Ordinance criteria.

Page 376 ends

ITEM NO. 8.

West Valley Muslim Association
29 April 2025
Hours of Operation Noise Analysis

Page 7 ends

We also understand that there are no exterior speakers that might produce amplified music or voices to neighboring property lines.

CONCLUSION
Our measurements and analysis indicate that the requested extended use hours would not violate the Town's applicable noise standards. Additionally, measured event arrival and departure activity did not noticeably increase noise levels above ambient. This concludes our noise analysis for this project. Please let us know if you have any questions.

Best,
SALTER

Francis Fedora
Consultant
Ben Piper
Senior Associate

Page 377 ends

ITEM NO. 8.

West Valley Muslim Association
29 April 2025
Hours of Operation Noise Analysis

Page 8 ends

APPENDIX A: LOS GATOS CODE OF ORDINANCES
Chapter 16: NOISE
§ 16.20.010. Curfew noise disturbance.
a) No persons shall between the hours of 10:00 p.m. and 8:00 a.m. make, cause, suffer or permit to be made any noise disturbance which:
1) Is made within one hundred (100) feet of any building or place regularly used for sleeping purposes; or
2) Disturbs any person(s) within hearing distance of such noise. b) No persons shall make, cause, suffer or permit to be made any noise or sounds which:
1) Are unreasonably disturbing or physically annoying to people of ordinary sensitivity or which are so harsh or prolonged or unnatural or unusual in their use, time or place as to cause physical discomfort to a person(s); or
2) Are not necessary in connection with an activity which is otherwise lawfully conducted. (Ord. No. 1852, § II (11.30.010), 5-20-91)
§ 16.20.015. Exterior noise levels for residential zones No person shall cause, make, suffer or allow to be made by any machine, animal, device or any combination of same in a residential zone, a noise level more than six (6) dB above the noise level specified for that particular noise zone, as shown on the Noise Zone Map (Appendix A), during that particular time frame, at any point outside of the property plane.
(Ord. No. 1852, § II (11.30.015), 5-20-91)
The applicable zoning criteria are copied below. Note that the Noise Zone Map applies a 5 dB penalty for weekends and holidays, and this is reflected in the final column of the table.

Table A1: Zoning Criteria
Time of Day
Weekdays Ambient
Noise Level
Weekday Max Level
(Ambient + 6 dB)
Weekend and Holiday
Max Level (Weekday
Criteria – 5 dB)
6:00 a.m. to 1:00 p.m. 55 dBA 61 dBA 56 dBA
1:00 p.m. to 10:00 p.m. 59 dBA 65 dBA 60 dBA
10:00 p.m. to 6:00 a.m. 48 dBA 54 dBA 51 dBA
We are examining the WVMA’s requested hours allowable hours of operation after 10 pm and at sunrise.

Therefore, our analysis focuses on the (strictest) criteria from 10 p.m. to 6 a.m.

Page 378 ends

ITEM NO. 8.

West Valley Muslim Association
29 April 2025
Hours of Operation Noise Analysis

Page 9 ends

§ 16.20.055. Motor Vehicle Noise
a) Motor vehicles. It shall be the policy of the Town to enforce those sections of the Vehicle Code of the State of California regarding motor vehicle noise emission limits and equipment problems which create noise problems, motor vehicle horns, sound levels emitted from off highway vehicles operating off the public right-of-way, and the successors thereof. b) Refuse collection vehicles.
1) Except as authorized by contract with the Town or regional agency, no person shall collect refuse with a refuse collection vehicle between the hours of 6:00 p.m. and 6:00 a.m. the following day in a residential area.
2) No person authorized to engage in waste disposal service or garbage collection shall operate any truck-mounted waste or garbage loading and/or similar device in any manner so as to create any noise exceeding state or federal standards. c) Vehicle, motorboat and aircraft repairs and testing. No person shall repair, rebuild, modify or test any motor vehicle, motorboat or aircraft in such a manner as to create a noise disturbance across a residential property plane or at any time to violate the provisions of Article II of this chapter. d) Standing motor vehicles. No person shall operate or permit the operation of any motor vehicle with a Gross Vehicle Weight Rating (GVWR) in excess of ten thousand (10,000) pounds, including refrigeration and/or heating units attached to any vehicle weighing in excess of five thousand (5,000) pounds, or any auxiliary equipment attached to same, for a period of fifteen (15) minutes in any hour while the vehicle is stationary, for reasons other than traffic congestion, within one hundred fifty (150) feet of a residential area or designated noise sensitive zone, between the hours of 10:00 p.m. and 7:00 a.m. of the following day.
e) Motorized recreational vehicles operating off public rights-of-way. No person shall operate or cause to be operated any motorized recreational vehicle off a public right-of-way in such a manner that the sound levels emitted therefrom violate the provisions of this chapter. This paragraph shall apply to all motorized recreational vehicles, whether or not duly licensed and registered including, but not limited to, commercial or noncommercial racing vehicles, motorcycles, go-carts, amphibious craft, campers and dune buggies, but not including motorboats.

LOS GATOS ZONE NOISE MAP
Below is the applicable portion of the Los Gatos Noise Zone Map. We have indicated the location of the project site for reference.

Page 379 ends

ITEM NO. 8.

West Valley Muslim Association
29 April 2025
Hours of Operation Noise Analysis

Page 10 ends
Page 380 ends

ITEM NO. 8.

LT-2LT-1 LT-3 PROJECT SITE
www.salter-inc.com San Francisco San Jose Honolulu Seattle Los Angeles Page 381 ITEM NO. 8.

This Page
Intentionally
Left Blank

Page 382 ends

ITEM NO. 8.

EXHIBIT 8

Page 383 ends

ITEM NO. 8.

Page 384 ends

ITEM NO. 8.

EXHIBIT 9 Page 385
ITEM NO. 8.

Page 386 ends

ITEM NO. 8.

Page 387 ends

ITEM NO. 8.

This Page
Intentionally
Left Blank

Page 388 ends

ITEM NO. 8.

Page 389 ends

ITEM NO. 8.

Page 390 ends

ITEM NO. 8.

Page 391 ends

ITEM NO. 8.

Page 392 ends

ITEM NO. 8.

Page 393 ends

ITEM NO. 8.

Page 394 ends

ITEM NO. 8.

Page 395 ends

ITEM NO. 8.

Page 396 ends

ITEM NO. 8.

Page 397 ends

ITEM NO. 8.

Page 398 ends

ITEM NO. 8.

Page 399 ends

ITEM NO. 8.

Page 400 ends

ITEM NO. 8.

Page 401 ends

ITEM NO. 8.

Page 402 ends

ITEM NO. 8.

Page 403 ends

ITEM NO. 8.

Page 404 ends

ITEM NO. 8.

Page 405 ends

ITEM NO. 8.

Page 406 ends

ITEM NO. 8.

Page 407 ends

ITEM NO. 8.

Page 408 ends

ITEM NO. 8.

Page 409 ends

ITEM NO. 8.

Page 410 ends

ITEM NO. 8.

Page 411 ends

ITEM NO. 8.

Page 412 ends

ITEM NO. 8.

Page 413 ends

ITEM NO. 8.

Page 414 ends

ITEM NO. 8.

From: thanh tran < >
Sent: Friday, March 13, 2026 3:52 PM
To: Rob Moore <[email protected]>; Maria Ristow <[email protected]>; Mary Badame <[email protected]>; Rob Rennie <[email protected]>; Matthew Hudes <[email protected]>; Alexa Nolder <[email protected]>; Jocelyn Shoopman <[email protected]>; Planning <[email protected]> Cc: Cortney Bui < >
Subject: OPPOSITION to CUP Modification - 16769 Farley Road (WVMA) Dear Planning Commission,
I am writing as a concerned resident to formally oppose the proposed modification of the Conditional Use Permit (CUP) for 16769 Farley Road.

The primary purpose of R-1 zoning is to protect the quiet enjoyment, safety, and character of a residential neighborhood. By definition, a 'Single-Family' zone is designed for low-density living, where the infrastructure—narrow streets, limited street lighting, and minimal drainage—is built to support households, not regional institutions.

When an R-1 property is granted a Conditional Use Permit (CUP), it is an exception, not a right.

That exception must remain subordinate to the primary residential use of the area. Allowing a site to become a destination for thousands of visitors transforms a quiet neighborhood into a de facto regional hub. This creates several critical failures:

1. Infrastructure Strain: Residential streets like Farley Road are not engineered for the high-volume 'peak' traffic seen during Friday services or holidays. This creates safety hazards for local children and pedestrians.

2. Environmental Incompatibility: The noise, light pollution from late-night arrivals, and constant turnover of parked cars are inherently at odds with the 'tranquility' that R-1 zoning is legally intended to preserve.

3. The 'Point' of Zoning: If a Single-Family Residential zone can host thousands of people and operate outside standard residential hours, the zone effectively ceases to exist. It becomes a 'General Commercial' or 'Assembly' zone without the proper tax contributions or infrastructure upgrades those zones require.

To allow such an intensive use in an R-1 zone is to ignore the Town’s own General Plan, which promises residents that the character of their homes will be protected from high-intensity, nonresidential encroachment.

The WVMA’s own Strategic Planning Update (January 2026) confirms a trajectory toward becoming a regional hub, citing a 'strong desire for unity across Saratoga and Los Gatos' and 'scenario testing' for increased capacity. This planned intensification is fundamentally incompatible with R-1 zoning. A Conditional Use Permit is a narrow exception, not a mandate for regional expansion. Allowing this modification would ignore the Town’s General Plan and permanently degrade the residential character of Farley Road.

EXHIBIT 11 Page 415
ITEM NO. 8.

We ask for a denial of this modification to protect the established rhythm of our neighborhood.

Sincerely,
Thanh Tran & Neighbors
Los Gatos, CA 95032

Page 416 ends

ITEM NO. 8.

From: Austin Vierra < >
Sent: Friday, March 13, 2026 1:51 PM
To: Jocelyn Shoopman <[email protected]>
Cc: [email protected] <[email protected]>
Subject: WVMA use permit
Hello,
I’m writing on my own behalf to advocate for WVMA and their ability to utilize their space to continue holding prayers in their current space. It is adeptly located for us Los Gatos Muslims and provides a wonderful friendly community space for people to learn about and practice their faith. I, as a recent convert can personally attest to how essential I have found this welcoming community and would find it to be a great loss to the Los Gatos area to expel these people from their location. It’s location near the freeway and right off the busiest road in town which makes it incredibly accessible and does not burden a large majority of neighbors (who historically never had a problem when the mosque was formerly a Jehovah’s Witness worship hall).

WVMA is an invaluable community resource, to not renew their use permit would be a devastating loss to a minority group who at this time in American politics needs a safe space to gather and practice their religion more than ever. I encourage those in charge of making this decision to consider the number of people who rely on WVMA and find it to be an essential part of being Muslim in the Bay Area.

Thank you for your time!
God bless,
Austin Vierra

Page 417 ends

ITEM NO. 8.

From: Saqib Hassan < >
Sent: Friday, March 13, 2026 11:00 AM
To: Jocelyn Shoopman <[email protected]>
Subject: RE: Letter of Support – WVMA Conditional Use Permit Modification (U-24-010) Dear Ms. Shoopman,
Community Endorsement for WVMA’s Permit Modification
I write on behalf of Evergreen Islamic Center to express our strong support for the West Valley Muslim Association's application to modify its Conditional Use Permit. As a mosque that has operated in a residential neighborhood for over three decades, we understand both the challenges and the responsibilities that come with serving a faith community while being a good neighbor. We speak from decades of experience of co-existing in a vibrant Evergreen community that highlights Christian, Sikh, Buddhist, and Islamic places of worship all within a two-mile radius.

A Mosque in a Residential Neighborhood: Our Story
Evergreen Islamic Center is located on Ruby Avenue in San Jose, nestled within a residential neighborhood much like WVMA's location on Farley Road. Single-family homes line our street.

Our neighbors include young families, retirees, and long-term residents who have watched our community grow over the years. We have learned—through experience, through dialogue, and sometimes through trial and error—what it takes for a mosque to thrive while respecting the neighborhood around it. We have supported other faith communities, helping Buddhists build their center on Ruby Avenue and assisting the Sikh Gurudwara in renaming their street.

Communication and Proactive Solutions
The key we have found is communication, responsiveness, and a genuine commitment to addressing concerns before they become conflicts. When a neighbor raised concerns about headlights shining into their bedroom during evening prayers, we adjusted our parking lot lighting and added landscaping. When street parking became an issue during Friday prayers, we implemented a parking management plan with volunteers directing traffic and ensuring our congregants used designated areas. When Ramadan brought larger crowds, we proactively reached out to neighbors, provided our schedule in advance, and gave them direct contact information to reach us with any concerns.

Managing Parking and Overflow: It Can Be Done
We know that parking and traffic are often the primary concerns when a religious institution seeks to expand its hours of operation. We take these concerns seriously because we live with them every day. At EIC, we have developed comprehensive protocols for managing highattendance events. During Ramadan Taraweeh prayers—when our attendance can triple—we deploy volunteer parking attendants, establish overflow parking arrangements with nearby businesses, coordinate arrival and departure times to prevent bottlenecks, and station volunteers at key intersections to ensure smooth traffic flow.

Page 418 ends

ITEM NO. 8.

These measures work. Our neighbors have come to understand and appreciate that we take their concerns seriously. Many have told us that they barely notice the difference between Ramadan and the rest of the year because our management is so thorough. We share this not to boast, but to illustrate that a mosque can absolutely operate extended hours—including predawn and late-evening prayers—while being a responsible neighbor. We are confident that WVMA, which has already demonstrated its commitment to neighbor relations through extensive outreach and accommodation efforts, will do the same.

Building Trust with Our Neighbors
Over the years, our relationship with our neighbors has evolved from cautious coexistence to genuine friendship. We invite neighbors to our community iftars during Ramadan. We participate in neighborhood clean-up days. When a neighbor's home was damaged by fire, our congregation organized meals and donations. When the pandemic struck, we distributed food boxes not just to our members but to anyone in the neighborhood who needed help. This is not ancillary to our mission—it is central to it. Islam teaches us that the rights of neighbors are sacred, and we take that teaching seriously.

We have observed WVMA engage in similar efforts. They have replaced fencing to enhance privacy, planted trees to reduce light and noise, hired traffic guards during Ramadan, and maintained open lines of communication with their neighbors. These are the actions of an organization that understands its responsibilities and is committed to fulfilling them.

Why Congregational Prayers and Taraweeh Are Essential
At Evergreen Islamic Center, we offer all five daily congregational prayers and Ramadan Taraweeh prayers because that is what a mosque exists to do. The congregational prayer is not an optional gathering—it is a religious obligation that distinguishes a mosque from a mere meeting hall. When Muslims stand shoulder to shoulder in prayer, facing the same direction, reciting the same words, they experience a unity that transcends individual worship. This is especially powerful during Taraweeh, when families spend the nights of Ramadan together in prayer, when children absorb the rhythms of their faith by watching their parents and grandparents worship, and when the entire community is bound together by shared devotion.

A Place Where Our Youth Can Belong
Finally, we must speak to what the mosque means for our young people. Muslim children and teenagers in America face a unique burden. They are often the only Muslims in their classrooms. They field questions about their faith that range from innocent curiosity to outright hostility. They see their religion portrayed in ways that bear no resemblance to the Islam they know at home. They absorb, consciously or not, the message that they are somehow suspect, somehow other, somehow less than fully American.

The mosque is where that burden lifts. It is where a young person walks in and sees hundreds of people who share their faith. It is where they are not the exception but the norm. It is where they form friendships with other Muslim youth who understand their struggles. It is where they develop pride in their identity rather than shame. At Evergreen Islamic Center, we have

Page 419 ends

ITEM NO. 8.
watched young people transform when they find this sense of belonging. We have seen anxious teenagers become confident young adults. We have seen children who felt isolated discover a community. WVMA provides this same sanctuary for the Muslim youth of Los Gatos, and restricting its hours would diminish its ability to serve this vital function.

Conclusion and Recommendation
Based on our decades of experience operating a mosque in a residential neighborhood, we can attest that extended hours of operation—including early morning prayers, evening prayers, and Ramadan Taraweeh—are entirely compatible with being a good neighbor. It requires effort, planning, and genuine commitment to the community, but it can absolutely be done. WVMA has demonstrated that commitment, and we urge you to approve their Conditional Use Permit modification.

Thank you for your consideration. We are happy to share more details about our own parking management and neighbor relations practices if that would be helpful to the Town.

Sincerely,
Saqib Hassan
President, Evergreen Board of Directors

Page 420 ends

ITEM NO. 8.

From: Faisal Yazadi < >
Sent: Friday, March 13, 2026 8:06 AM
To: Jocelyn Shoopman <[email protected]>
Subject: Letter of Support – WVMA Conditional Use Permit Modification (U-24-010) Dear Ms. Shoopman,
I write on behalf of Evergreen Islamic Center to express our strong support for the West Valley Muslim Association's application to modify its Conditional Use Permit. As a mosque that has operated in a residential neighborhood for over three decades, we understand both the challenges and the responsibilities that come with serving a faith community while being a good neighbor. We speak from decades of experience of co-existing in a vibrant Evergreen community that highlights Christian, Sikh, Buddhist, and Islamic places of worship all within a two-mile radius.

A Mosque in a Residential Neighborhood: Our Story
Evergreen Islamic Center is located on Ruby Avenue in San Jose, nestled within a residential neighborhood much like WVMA's location on Farley Road. Single-family homes line our street.

Our neighbors include young families, retirees, and long-term residents who have watched our community grow over the years. We have learned—through experience, through dialogue, and sometimes through trial and error—what it takes for a mosque to thrive while respecting the neighborhood around it. We have supported other faith communities, helping Buddhists build their center on Ruby Avenue and assisting the Sikh Gurudwara in renaming their street.

Communication and Proactive Solutions
The key we have found is communication, responsiveness, and a genuine commitment to addressing concerns before they become conflicts. When a neighbor raised concerns about headlights shining into their bedroom during evening prayers, we adjusted our parking lot lighting and added landscaping. When street parking became an issue during Friday prayers, we implemented a parking management plan with volunteers directing traffic and ensuring our congregants used designated areas. When Ramadan brought larger crowds, we proactively reached out to neighbors, provided our schedule in advance, and gave them direct contact information to reach us with any concerns.

Managing Parking and Overflow: It Can Be Done
We know that parking and traffic are often the primary concerns when a religious institution seeks to expand its hours of operation. We take these concerns seriously because we live with them every day. At EIC, we have developed comprehensive protocols for managing highattendance events. During Ramadan Taraweeh prayers—when our attendance can triple—we deploy volunteer parking attendants, establish overflow parking arrangements with nearby businesses, coordinate arrival and departure times to prevent bottlenecks, and station volunteers at key intersections to ensure smooth traffic flow.

Page 421 ends

ITEM NO. 8.

These measures work. Our neighbors have come to understand and appreciate that we take their concerns seriously. Many have told us that they barely notice the difference between Ramadan and the rest of the year because our management is so thorough. We share this not to boast, but to illustrate that a mosque can absolutely operate extended hours—including predawn and late-evening prayers—while being a responsible neighbor. We are confident that WVMA, which has already demonstrated its commitment to neighbor relations through extensive outreach and accommodation efforts, will do the same.

Building Trust with Our Neighbors
Over the years, our relationship with our neighbors has evolved from cautious coexistence to genuine friendship. We invite neighbors to our community iftars during Ramadan. We participate in neighborhood clean-up days. When a neighbor's home was damaged by fire, our congregation organized meals and donations. When the pandemic struck, we distributed food boxes not just to our members but to anyone in the neighborhood who needed help. This is not ancillary to our mission—it is central to it. Islam teaches us that the rights of neighbors are sacred, and we take that teaching seriously.

We have observed WVMA engage in similar efforts. They have replaced fencing to enhance privacy, planted trees to reduce light and noise, hired traffic guards during Ramadan, and maintained open lines of communication with their neighbors. These are the actions of an organization that understands its responsibilities and is committed to fulfilling them.

Why Congregational Prayers and Taraweeh Are Essential
At Evergreen Islamic Center, we offer all five daily congregational prayers and Ramadan Taraweeh prayers because that is what a mosque exists to do. The congregational prayer is not an optional gathering—it is a religious obligation that distinguishes a mosque from a mere meeting hall. When Muslims stand shoulder to shoulder in prayer, facing the same direction, reciting the same words, they experience a unity that transcends individual worship. This is especially powerful during Taraweeh, when families spend the nights of Ramadan together in prayer, when children absorb the rhythms of their faith by watching their parents and grandparents worship, and when the entire community is bound together by shared devotion.

A Place Where Our Youth Can Belong
Finally, we must speak to what the mosque means for our young people. Muslim children and teenagers in America face a unique burden. They are often the only Muslims in their classrooms. They field questions about their faith that range from innocent curiosity to outright hostility. They see their religion portrayed in ways that bear no resemblance to the Islam they know at home. They absorb, consciously or not, the message that they are somehow suspect, somehow other, somehow less than fully American.

The mosque is where that burden lifts. It is where a young person walks in and sees hundreds of people who share their faith. It is where they are not the exception but the norm. It is where they form friendships with other Muslim youth who understand their struggles. It is where they develop pride in their identity rather than shame. At Evergreen Islamic Center, we have

Page 422 ends

ITEM NO. 8.
watched young people transform when they find this sense of belonging. We have seen anxious teenagers become confident young adults. We have seen children who felt isolated discover community. WVMA provides this same sanctuary for the Muslim youth of Los Gatos, and restricting its hours would diminish its ability to serve this vital function.

Conclusion and Recommendation
Based on our decades of experience operating a mosque in a residential neighborhood, we can attest that extended hours of operation—including early morning prayers, evening prayers, and Ramadan Taraweeh—are entirely compatible with being a good neighbor. It requires effort, planning, and genuine commitment to the community, but it can absolutely be done. WVMA has demonstrated that commitment, and we urge you to approve their Conditional Use Permit modification.

Thank you for your consideration. We are happy to share more details about our own parking management and neighbor relations practices if that would be helpful to the Town.

Sincerely,
Faisal Yazadi
Mobile: +

Page 423 ends

ITEM NO. 8.

From: Mary Hogan < >
Sent: Thursday, March 12, 2026 8:50 PM
To: Rob Moore <[email protected]>; [email protected] <[email protected]>; Mary Badame <[email protected]>; Matthew Hudes <[email protected]>; Jocelyn Shoopman <[email protected]>; Alexa Nolder <[email protected]>; [email protected] <[email protected]> Subject: Official Opposition: Scale and Procedural Failures at 16769 Farley Road Dear Mayor Moore, Vice Mayor Ristow, and Members of the Council and Commission, As a resident of the impacted R-1 neighborhood, I am writing to formally oppose the CUP modification for 16769 Farley Road. While the applicant presents this as a "neighborhoodscale" request, the data shows a Regional Hub attempting to force an incompatible 20-hour operation into a quiet residential zone.

I ask the Town to deny this modification based on the following:

1. Statistically Invalid Noise Data
The 2025 noise study was conducted between January 31 and February 11—outside of peak Ramadan hours. Relying on "off-peak" data to approve a 4:00 AM expansion is statistically reckless. It fails to measure the true impact of 1,200+ people arriving in a quiet residential culde-sac while families are sleeping.

2. The "Honor System" is Not a Binding Mitigation
The applicant’s plan relies on "reminders" and "signs" for 35% of its proposed mitigations. The Town has no legal mechanism to enforce a "reminder." A Conditional Use Permit must be based on physical, enforceable controls, not an applicant’s promise to "self-police."

3. Shifting the Fiscal Burden to Taxpayers
The applicant admits their expansion will require increased police patrols and Town-funded speed bumps. This is a "taxpayer externality"—shifting the financial burden of a private regional hub onto the residents of Los Gatos. Private convenience should not be funded by public tax dollars.

4. Temporary Fixes for Permanent Impacts
The applicant admitted that certain noise-reducing measures, like the removal of gate tracks, are temporary. It is a "bait-and-switch" to grant a permanent hour extension based on temporary physical changes.

5. Outreach Failure (57% Gap)
The applicant’s "Neighborhood Outreach" report is deceptive. Of the 35 identified properties, nearly 57% were never successfully contacted. There is no community consensus for this expansion; there is only a lack of engagement from the applicant.

6. The Power Imbalance: Professional Outreach vs. Resident Reality

Page 424 ends

ITEM NO. 8.

It is important to note the massive disparity in resources here. The applicant is a formal, professional organization with a regional reach, a dedicated staff, and the communication tools to mobilize thousands of constituents from across the Bay Area. We, the neighbors, are individual residents - families and retirees operating without a PR firm or a professional campaign. We do not have the means to "out shout" a regional organization, but we are the only ones who will suffer the 4:00 AM consequences.

We ask the Town to protect its residents from this regional-scale pressure and uphold the R-1 zoning standards.

Please protect our neighborhood and deny this modification.

Sincerely,
Mary Hogan
Los Gatos, CA 95032
--
Mary Hogan
ˁ˚ᴥ˚ˀ

Page 425 ends

ITEM NO. 8.

From: cortney bui < >
Sent: Thursday, March 12, 2026 6:47 PM
To: Michael Vroman <[email protected]>
Cc: Jessy Pu <[email protected]>; Town PPW <[email protected]>; Poopie Head < >; Rob Moore <[email protected]>; Maria Ristow
<[email protected]>; Mary Badame <[email protected]>; Rob Rennie <[email protected]>; Matthew Hudes <[email protected]>; Jocelyn Shoopman <[email protected]>; Alexa Nolder <[email protected]>; Planning <[email protected]>
Subject: Infrastructure Deficit and Safety Demand - 16769 Farley Rd Hi Michael, Members of the Town Council, and Planning Department, I am writing to formally contest the Town’s repeated denials of our neighborhood’s traffic calming petitions. This correspondence serves as a formal notification that the Town is currently prioritizing "applicant convenience" over a documented public safety liability.

1. The "85th Percentile" Fallacy: It Only Takes One
In your previous emails, you denied speed bumps because studies showed an 85th percentile speed of 26 mph. This metric is a statistical distraction that ignores the speeding 15%. On a street with no streetlights, no sidewalks, and multiple blind spots, it only takes one vehicle from that 15th percentile to cause a fatal accident. If the Town admits it has "limited" police resources to manage current speeders, it is an act of gross negligence to even consider a 4:00 AM/11:30 PM surge of 1,200+ people into this dark residential zone (CUP FOR 16769 FARLEY ROAD).

2. The "Launchpad Effect" and Infrastructure Failure
Our street serves as a high-speed "feeder" where drivers from the association turn from Farley onto Flintridge and "speed away" to reach the light at Chirco. • Blind Spots: Our street has dangerous curves where visibility is severely limited. • The Darkness Hazard: Speeding at 4:00 AM is infinitely more lethal than at 4:00 PM. • The Parking Deficit: The applicant admits to a 41% parking shortfall. This guarantee of overflow parking on narrow shoulders creates a dangerous "slalom" effect for speeding cars, endangering residents exiting their own vehicles.

3. Formal Demand for Safety Measures and Denial of Expansion The Town cannot have it both ways. You cannot claim our street is "too quiet" for speed bumps while simultaneously re-zoning it into a 20-hour commercial-scale thoroughfare.

Because the current infrastructure is already failing to protect residents from existing traffic, we formally request the following:
• Immediate approval and installation of speed bumps on Flintridge Drive to mitigate the 15% of drivers who are currently speeding and endangering our children. • Full denial of the CUP Modification. If safety infrastructure was "not an option" for

Page 426 ends

ITEM NO. 8.
taxpaying residents, then a 4:00 AM/11:30 PM expansion cannot be an option for a regional center that creates the hazard.

The Town must stop shifting the burden of this private expansion onto the safety of our families.

Thank you for your consideration,
Cortney & Thanh
On Monday, May 6, 2024 at 04:39:10 PM PDT, Michael Vroman <[email protected]> wrote:

Hi Cortney,

Thank you for your email and your patience. As you may recall, the Town’s Neighborhood Traffic Calming Program has criteria which the neighborhood must meet or pass to qualify for a traffic calming project review. The initial speed study conducted on Flintridge Drive between Farley and Chirco showed an 85th percentile speed of 25.1 mph, which does not exceed the posted speed limit by 5 mph or more and does not meet the criteria. We have scheduled another speed study before school is out and will let you know the results next month. There are also three neighborhoods ahead of you in the queue at this time. Please let me know if you have any questions.

Thanks again!
Mike

Mike Vroman, T.E. ● Senior Traffic Engineer
Parks & Public Works Department ● 41 Miles Avenue, Los Gatos CA 95030 Ph: 408.399.5777 ● [email protected]
www.losgatosca.gov ● https://www.facebook.com/losgatosca

Engineering Office Counter Hours: Monday-Friday 8:00am to 1:00pm Please note the upcoming Town closure: May 27, 2024

This e-mail is intended only for the use of the individual(s) named in this e-mail. If you receive this e-mail and are not a named recipient, any use, dissemination, distribution or copying of the e-mail is strictly prohibited. If you have received this communication in error, please immediately notify us at the above e-mail address.

Page 427 ends

ITEM NO. 8.

From: cortney bui < >
Sent: Monday, May 6, 2024 1:32 PM
To: Michael Vroman <[email protected]>
Cc: Jessy Pu <[email protected]>; Town PPW <[email protected]>; Poopie Head < >
Subject: Re: Neighborhood Traffic Calming Request

Hello, bumping this up! Do you have an update to this request we put in 2+years ago? thank you!

On Monday, March 25, 2024 at 12:41:13 PM PDT, Cortney Bui < > wrote:

Hi Michael,

I wanted to follow up and see where this request is in queue. Any updates is greatly appreciated!

Thanks!
Cortney’s
On Mar 9, 2022, at 5:55 PM, cortney bui < > wrote:

Hi Michael and Jessy,

I walked down our street and counted 11 houses and not 15, some of them have Chirco or Farley addresses. In any event, 8 is >50% of 15 :). The 3 homes we didnt get signatures were not home at the time.

I hope this can get the process started.

Excited, and thank you!

<1646877205633blob.jpg>

On Thursday, March 3, 2022, 06:23:48 PM PST, Michael Vroman <[email protected]> wrote:

You're welcome, Cortney. Based on Google Maps, there are 15 residences/households.

Therefore, you will need signatures from 8 homes, but we recommend talking with as many neighbors as possible.

Page 428 ends

ITEM NO. 8.
-----Original Message-----
From: Cortney Bui < >
Sent: Thursday, March 3, 2022 6:06 PM
To: Michael Vroman <[email protected]>
Cc: Jessy Pu <[email protected]>; Town PPW <[email protected]> Subject: Re: Neighborhood Traffic Calming Request
Thank you Michael! For 50%, how many household is it if you have that info handy? On Mar 3, 2022, at 6:01 PM, Michael Vroman <[email protected]> wrote:

Hello Cortney,
Thank you for your email regarding traffic calming on Flintridge Drive. The Town has a traffic calming policy for addressing speeding issues on residential streets and requires a petition initiated by the residents along the street. Attached is a copy of the Town’s Neighborhood Traffic Calming Program (NTCP) and two sample petitions.

If you are interested in pursuing this option, the next step is for you and your neighbors to prepare and submit a Neighborhood Petition with over 50% of the households on Flintridge Drive signing the petition. The NTCP process is first-come-first-serve and there are currently three neighborhoods who have submitted petitions and are pursuing the NTCP for their respective streets. Please note on your petition that “this process is first-come-first-serve and may take several years.” Please see item 2 under Process for further details.

Please feel free to contact me or Mr. Jessy Pu if you would like to discuss this further or have any questions.

Thanks again,
Mike Vroman, T.E. ● Senior Traffic Engineer Parks & Public Works Department ● 41 Miles Avenue, Los Gatos CA 95030
Ph: 408.399.5777 ● [email protected] www.losgatosca.gov ● https://gcc02.safelinks.protection.outlook.com/?url=https%3A%2F%2Fwww.

Engineering Office Counter Hours: Monday-Friday 8:00am to 1:00pm Please note the upcoming Town closure: January 17, 2022 This e-mail is intended only for the use of the individual(s) named in this e-mail. If you receive this e-mail and are not a named recipient, any use, dissemination, distribution or copying of the e-mail is strictly prohibited. If you have received this communication in error, please immediately notify us at the above e-mail address.

Page 429 ends

ITEM NO. 8.
-----Original Message-----
From: cortney bui < >
Sent: Thursday, March 03, 2022 3:51 PM
To: Town PPW <[email protected]>
Subject: Neighborhood Traffic Calming Request
Hello,
I would like to request a neighborhood traffic calming request for Flintridge Drive, Los Gatos, CA 95032.

Can you let me know the process/next steps, petition form please? Thanks!
Cortney Bui

Page 430 ends

ITEM NO. 8.

From: cortney bui < >
Sent: Thursday, March 12, 2026 9:39 AM
To: Jocelyn Shoopman <[email protected]>; Alexa Nolder <[email protected]> Subject: Fw: URGENT: Formal Opposition to 16769 Farley Road – A Regional Stadium in an R-1 Zone
Dear Mayor Moore, Vice Mayor Ristow, and Members of the Council and Commission, We, the residents of the Farley Road neighborhood, formally oppose the request to expand hours at 16769 Farley Road. The applicant is attempting to treat an R-1:8 residential zone as a high-traffic commercial thoroughfare. We ask the Town to prioritize the safety and "quiet enjoyment" of the families who live here over the convenience of those who do not.

1. The 20-Hour Neighborhood Workday
An hour and a half before sunrise is as early as 4:00 AM. When factoring in arrivals and departures, this proposal creates a commercial-scale operation running from 3:30 AM until midnight. This is a 20-hour workday forced upon a quiet neighborhood where residents—not visitors—must live with the consequences of predawn traffic and noise.

2. A Regional Stadium in a Residential Cul-de-Sac
The WVMA website explicitly calls this their "primary regional center." With a capacity of 1,217 people, this facility is larger than Fisher Middle School. We would never allow a school-sized event to start at 4:00 AM in a neighborhood with no streetlights or sidewalks. Numbers don't change physics: forcing hundreds of cars onto dark residential shoulders is a recipe for tragedy.

3. Critical Safety & Infrastructure Failures
• 41% Parking Deficit: The site is 124 spaces short of Town Code. This guarantee of "overflow" parking will drop street widths below the 20-foot Fire Code minimum, blocking emergency access.
• The Broken Gate: The applicant admitted their commercial exit gate is inoperable. You cannot safely host 1,200 people with broken fire-exit hardware. • Unenforceable "Honor System": 35% of the applicant’s mitigations rely on "reminders." The Town cannot legally enforce a "pinky swear."

4. Neutrality of Law vs. "Auspices"
Zoning must be content-neutral. If a 24-hour gym or a social club asked for a 4:00 AM start here, they would be denied instantly. It has been suggested that those under the Town’s "auspices" (visitors) have as much to offer as residents. We disagree. Zoning exists to protect the people who sleep here, not the "convenience" of regional commuters who drive away at the end of the night.

5. Preference Over Necessity
The applicant admits they have access to the Saratoga Prospect Center but find it "logistically challenging." Under Town Code, applicant convenience is not a legal justification for a CUP

Page 431 ends

ITEM NO. 8.
modification that permanently destroys a neighborhood.

We urge you to uphold the precedents set for local businesses and schools. Deny this expansion

Page 432 ends

ITEM NO. 8.

Sincerely,
Cortney Bui & Thanh Tran
Los Gatos, CA 95032

Page 433 ends

ITEM NO. 8.

From: Umm Basil < >
Sent: Thursday, March 12, 2026 12:34 AM
To: Jocelyn Shoopman <[email protected]>
Subject: Support for WVMA's Modified Use Permit
Hello Jocelyn:

My name is Uzma, and I wanted to share how meaningful WVMA's Los Gatos Islamic Center is to me. It is a place where I truly feel a sense of belonging and comfort while practicing my faith on its premises. It provides a peaceful environment for worship, reflection, and community, and has become an important part of my life. I sincerely value its presence in the neighborhood and the positive impact it has on so many individuals and families.

I would like to ask for your support in approving the modified use permit so that center can continue to serve the community in this meaningful way.

Sincerely,
Uzma Erum

Page 434 ends

ITEM NO. 8.

From: Alveera Khan < >
Sent: Wednesday, March 11, 2026 10:08 PM
To: Jocelyn Shoopman <[email protected]>
Cc: [email protected] <[email protected]>
Subject: WVMA Farley permit
Hi Ms. Shoopman,
I am a member of the WVMA community and I’m writing in support of approving our permit for early morning and night prayers. The month of ramadan is very important for muslims, and the night prayers are a super important part of our practice. It is a quiet, calm activity and we are mindful of the neighbors.

We would greatly appreciate the approval of our use permit.

Thank you!
Alveera Khan

Page 435 ends

ITEM NO. 8.

From: Khalil Sarwari < >
Sent: Wednesday, March 11, 2026 5:34 PM
To: Jocelyn Shoopman <[email protected]>
Cc: [email protected] <[email protected]>
Subject: In Support of Los Gatos Islamic Center Updated Use Permit Dear Jocelyn,
Hope you are doing well, and that your week has been going smoothly.

I am writing to you regarding Los Gatos Islamic Center, my local mosque, in support of updating its use permit. Specifically, I would like the permit to be updated to provision for morning and night prayers, as well as Ramadan prayers.

Los Gatos Islamic Center is the closest Islamic Center for me in terms of driving distance, and I am there almost every week. LGIC is very dear to me, and provides me a place where I can fulfil my spiritual needs and spend time with community members on a regular basis. In this day and age, this is particularly important not just to me, but the broader society, and I hope that provisions can be made to permit this.

I understand that one must take into account the mostly residential nature of the surrounding neighborhood and the need to minimize disruption. At the same time, I am confident that these prayer services can be accommodated responsibly with appropriate measures to address concerns such as noise, parking, and traffic. Morning and night prayers are especially brief and quiet, and I hope reasonable provisions can be made to allow them.

Thank you for your consideration.

Sincerely,
Khalil Sarwari

Page 436 ends

ITEM NO. 8.

From: Rich Stephens < >
Sent: Wednesday, March 11, 2026 1:30 PM
To: Jocelyn Shoopman <[email protected]>
Subject: Application for Revised CUP @ 16769 Farley Road Hi Jocelyn,
I am opposed to the application for additional hours for Revised CUP @ 16769 Farley Road.

This would be very unfair to the people that live in the neighborhood. I know that some are already at their limit with the late-night noise. Extending the hours should not even be a consideration! In fact, I would vote for restricting the hours. This kind of business, with many people in and out at early and late hours, should not be near a neighborhood or homes of any kind.

Page 437 ends

ITEM NO. 8.

From: [email protected] <[email protected]>
Sent: Wednesday, March 11, 2026 10:38 AM
To: Planning <[email protected]>
Subject: Online Form Submission #17268 for Community Development Contact Form

Community Development Contact Form
First Name Sueling
Last Name Cho
Email Address (Required)
Phone Number
Tell Us About Your
Inquiry (Required)
Comment Regarding A Planning Project
Address/APN you are
inquiring About
(Required)
16769 Farley Road
Message (Required) I’m writing as a concerned neighbor that the idea of extending operating hours to 4am @ 16769 Farley Road
is insane! This is a residential neighborhood and folks need the quiet. This is a precedence that we DO NOT
want to set for our town. Noise ordinance from 10pm8am in residential space is in place for a reason. If they desire extended hours, then move to a non-residential
area but don’t try to fit the residential area to their needs.

Please do no allow the requested expansion to happen.

Sueling Cho
Add An Attachment if
applicable
Field not completed.

Email not displaying correctly? View it in your browser.

Page 438 ends

ITEM NO. 8.

From: Omar Abdelaziz < >
Sent: Wednesday, March 11, 2026 8:20 AM
To: Jocelyn Shoopman <[email protected]>; [email protected] <[email protected]>
Subject: Support for WVMA Modified Use Permit
Dear Ms. Shoopman,
My name is Omar Abdelaziz. I am writing in strong support of the West Valley Muslim Association's request for a modified use permit to accommodate morning and evening prayers, as well as Ramadan prayers.

WVMA provides a valuable space for peace, connection, and spiritual grounding. Prayer is not optional for us; it is one of the five pillars of our faith, and having a safe, welcoming space to pray Fajr and Isha is essential.

I urge the Town of Los Gatos to approve this permit.

Warm regards,
Omar Abdelaziz

Page 439 ends

ITEM NO. 8.

From: Farooq Ashraf < >
Sent: Tuesday, March 10, 2026 8:01 PM
To: Jocelyn Shoopman <[email protected]>
Subject: Support for WVMA's Modified Use Permit
Hello Jocelyn:

My name is Farooq, and I wanted to share how meaningful WVMA's Los Gatos Islamic Center is to me. It is a place where I truly feel a sense of belonging and comfort while practicing my faith on its premises. It provides a peaceful environment for worship, reflection, and community, and has become an important part of my life. I sincerely value its presence in the neighborhood and the positive impact it has on so many individuals and families.

I would like to ask for your support in approving the modified use permit so that center can continue to serve the community in this meaningful way.

Sincerely,
Farooq Ashraf

Page 440 ends

ITEM NO. 8.

From: Isra Lari < >
Sent: Tuesday, March 10, 2026 5:06 PM
To: Jocelyn Shoopman <[email protected]>
Cc: [email protected]
Subject: WVMA Appreciation
Hi Jocelyn,
I hope you are doing well! I wanted to let you know how important WVMA has been in shaping mine and my family’s identity as we grow as a religious minority. Being able to have access to religious services in a sustainable way has been possible through WVMA and I am extremely proud and appreciative of their initiatives.

I hope you can see how much this masjid has meant to our community especially as we continue to grow.

Thank you for your time and attention to this email.

Best wishes,
Isra

Page 441 ends

ITEM NO. 8.

From: Muneeb Bey
Sent: Tuesday, March 10, 2026 4:38 PM
To: Jocelyn Shoopman <[email protected]>
Cc: [email protected]
Subject: Support for WVMA in Los Gatos
Hello!
My name is Muneeb, and I wanted to share how meaningful WVMA is to me. It is a place where I truly feel a sense of belonging and comfort while practicing my faith. The masjid provides a peaceful environment for worship, reflection, and community, and it has become an important part of my life.

I sincerely value WVMA’s presence in the Los Gatos community and the positive impact it has on so many individuals and families. Being able to gather for our prayers, is incredibly important for our spiritual well-being and community connection.

I would like to ask for your support in approving the modified use permit so that WVMA can continue to serve the community in this meaningful way.

Sincerely,
Muneeb

Page 442 ends

ITEM NO. 8.

From: Thomas Gold < >
Sent: Tuesday, March 10, 2026 4:30 PM
To: Jocelyn Shoopman <[email protected]>
Cc: [email protected]
Subject: Support for WVMA Use Permit – Morning, Night & Ramadan Prayers Dear Ms. Shoopman,
My name is Ehsan, and I am a resident of the Bay Area. I am writing in strong support of the West Valley Muslim Association's request for a modified use permit to accommodate morning and evening prayers, as well as Ramadan prayers.

I have been part of the WVMA community for the past year, and in that time it has become one of the most important anchors in my life. As someone for whom Islam is not just a belief but a way of living — shaping my mornings, my evenings, and the rhythm of my days — having a community space to pray in congregation means more than I can easily put into words.

Prayer is one of the five pillars of our faith. Fajr before dawn and Isha at night are not prayers we can simply reschedule — they are tied to the movement of the sun and the structure of our day. And during Ramadan, the communal experience of Taraweeh and late-night worship is something our entire community looks forward to all year. WVMA is where we come together for all of it.

I respectfully ask that the Town of Los Gatos approve this modified permit. Our community is peaceful, deeply rooted in gratitude, and mindful of being good neighbors. This approval would mean the world to hundreds of families who call WVMA their spiritual home.

Thank you sincerely for your time and consideration.

Warm regards,
Ehsan

Page 443 ends

ITEM NO. 8.

From: Ali Jangda < >
Sent: Monday, March 9, 2026 7:08 PM
To: Jocelyn Shoopman <[email protected]>
Cc: [email protected] <[email protected]>
Subject: In support of WVMA use permit extension
Dear Ms. Shoopman,
I’ve lived in the South Bay for the last 13 years of my life, from a fresh university grad starting his first full time job, to getting married, and more recently becoming a father. Through all these personal milestones, WVMA has been a pillar for me and now my family as well.

My earliest experience with the mosque was in my first year after moving and being treated to Iftar (opening the fast) in the month of Ramadan. At a time when I was far from home and everything was new, opening my fast and praying taraweeh (late night prayer) at the mosque was a warm and welcoming reminder of something familiar.

Over the years as my faith has strengthened and I’ve found myself being responsible for a family, I’ve gravitated toward praying the Isha (night) and Fajr (pre-dawn) prayer at the mosque. There I’ve met friends and mentors; people that through our shared faith are continuously striving for self-improvement and looking for opportunities to do good. They show me what I should strive to be both at work, as a manager and at home as a husband and father.

I wanted to share my personal experience and example of how important it is that a mosque is able to offer these services. I’ve come to consider WVMA my second home and I’m sure there are countless others that feel the same. I urge that the council approves the extended use permit so that others continue to reap the spiritual, social and personal benefits that their mosque can provide.

Thanks for reading,
Ali Jangda

Page 444 ends

ITEM NO. 8.

Page 445 ends

ITEM NO. 8.

From: Bes < >
Sent: Monday, March 9, 2026 1:50 PM
To: Jocelyn Shoopman <[email protected]>
Cc: [email protected] <[email protected]>
Subject: Our town
Hello Ms. Shoopman, greetings and many blessings to you and yours, I’d like to start by expressing my heartfelt gratitude for our Los Gatos, as I travel often for work nothing brings me more peace to come home to our vibrant downtown and wonderous smiles, except for maybe our little local mosque.

I appreciate the quiet whispers and hushed tones of prayer as we navigate this most sacred month with our neighbors so close by and I always remember to turn off my headlights as I enter into the street after our late prayers.

We try our best to be good neighbors and with such an affluent and educated group of people Im sure we won't disappoint. We all understand the Importance of maintaining the peace at all hours and hope that you trust us to do so with permitting.

Thank you for being a trusted voice and may you always have the love and respect of your peers and neighbors as well.

Sincerely,
Bes Elgohary

Page 446 ends

ITEM NO. 8.

From: Saleh Khan < >
Sent: Monday, March 9, 2026 1:31 PM
To: Jocelyn Shoopman <[email protected]>
Cc: [email protected] <[email protected]>
Subject: Support for WVMA Modified Use Permit
Dear Ms. Shoopman,
I hope you are doing well
I am writing to you today as a member of the West Valley Muslim Association (WVMA) to show my full support for the modified use permit currently under review.

WVMA is truly a "home away from home" for me and so many others. It is a place that welcomes everyone with open arms, hosts incredible community events, and brings in speakers who provide great guidance. Every time I leave, I leave with growth and more understanding, and a drive to become a better person. It’s a place where I can find peace.

I am asking for the approval of the modified permit that would allow us to hold our morning and night prayers, as well as our special prayers during the month of Ramadan. Being able to pray together during these times is a vital part of our faith and community life.

Thank you for your time and for all the work you do for the Town of Los Gatos. All the best and we hope to be able to welcome you at WVMA soon!
Best,
Saleh Khan

Page 447 ends

ITEM NO. 8.

From: Athar Siddiqee < >
Sent: Sunday, March 8, 2026 11:53 PM
To: Jocelyn Shoopman <[email protected]>
Subject: Letter in support of WVMA's CUP
Ms. Jocelyn Shoopman
Senior Planner
Community Development Department
110 E Main Street
Los Gatos, CA 95030
By Email: [email protected]
RE: Support for West Valley Muslim Association CUP Modification (U-24-010) Dear Ms. Shoopman,
I write on behalf of the South Bay Islamic Association (SBIA), the longest-running mosque in the South Bay, to express our wholehearted support for the West Valley Muslim Association's application to modify its Conditional Use Permit. As an institution that has served the Muslim community since 1978, we understand deeply what it means to be a mosque—and we can state unequivocally that the ability to offer congregational prayers at their appointed times is not optional. It is the very essence of what a mosque exists to do.

Congregational Prayer Is the Heartbeat of a Mosque
In Islam, congregational prayer is not merely encouraged—it is a defining characteristic of Muslim communal life. The Prophet Muhammad, peace be upon him, said that prayer in congregation is twenty-seven times more rewarding than prayer performed alone. This is why, throughout Islamic history, mosques have opened their doors before dawn and remained open until the last prayer of the night. At SBIA, we offer all five daily congregational prayers without restriction. Our doors open for Fajr prayer before sunrise and close only after Isha prayer is complete, regardless of how late sunset occurs in the summer months. This is what every mosque in the world does. This is what it means to be a mosque.

Ramadan Taraweeh: A Sacred Tradition
During the holy month of Ramadan, Muslims gather each night for Taraweeh prayers— extended congregational prayers in which we recite the entire Quran over the course of the month. These prayers begin after Isha and can extend until midnight. At SBIA, hundreds of worshippers—men, women, children, and the elderly—fill our prayer hall each night of Ramadan. The spiritual atmosphere is unlike anything else in the Islamic calendar. Families come together, children experience the beauty of their faith alongside their parents, and the entire community is united in worship. We cannot imagine Ramadan without Taraweeh. To deny a mosque the ability to hold these prayers is to deny its congregation the very experience

Page 448 ends

ITEM NO. 8.
that defines Ramadan.

A Sanctuary for Our Youth
There is another dimension to this matter that weighs heavily on our hearts. Our young people face challenges that many outside our community may not fully appreciate. Muslim children in America grow up navigating two worlds. At school, they may be teased for their names, questioned about their faith, or made to feel like outsiders in their own country. The statistics are alarming: nearly half of Muslim students in California report experiencing bullying tied to their religious identity. The psychological toll is real—anxiety, depression, and a crisis of belonging that no child should have to endure.

The mosque is where these young people find refuge. It is the one place where they are not judged for who they are. It is where they see adults who share their faith, where they make friends who understand their struggles, where they learn that being Muslim and being American are not contradictions. When a teenager attends Taraweeh prayers with their family, when they see hundreds of people standing shoulder to shoulder in worship, when they feel the power of community—that experience shapes their identity in ways that last a lifetime.

WVMA provides this sanctuary for the youth of Los Gatos. Restricting its hours of operation would diminish its ability to serve this vital function.

We respectfully urge you to recommend approval of WVMA's Conditional Use Permit modification. Allowing WVMA to hold pre-dawn prayers, evening prayers, and Ramadan Taraweeh is not granting a special privilege—it is simply allowing a mosque to function as a mosque. Every other Islamic center in the Bay Area, including SBIA, operates under these conditions because they are essential to our faith. WVMA's congregants deserve the same opportunity to practice their religion that Muslims throughout our region already enjoy.

Thank you for your consideration of this important matter.

Respectfully,
Athar Siddiqee
Chairman, Board of Trustees,
South Bay Islamic Association

Page 449 ends

ITEM NO. 8.

From: Sufian Siddiqi < >
Sent: Sunday, March 8, 2026 11:35 PM
To: Jocelyn Shoopman <[email protected]>
Subject: Letter of Support — West Valley Muslim Association (WVMA) Conditional Use Permit Modification, Application U-24-010
Jocelyn Shoopman, Senior Planner
Town of Los Gatos Planning Division
110 E. Main Street, Los Gatos, CA 95030
Via email: [email protected]
RE: Letter of Support — West Valley Muslim Association (WVMA) Conditional Use Permit Modification, Application U-24-010
Dear Ms. Shoopman,
I write on behalf of the Muslim Community Association (MCA) — the largest mosque in the San Francisco Bay Area, serving over 5,000 families drawn from more than 70 nationalities — to express our strong, considered, and unequivocal support for the West Valley Muslim Association's (WVMA) application to modify its Conditional Use Permit. I respectfully urge the Planning Commission to approve Application U-24-010 in its entirety. The stakes of this decision extend well beyond a land use determination: they bear directly upon the ability of Muslim residents of Los Gatos to exercise a foundational constitutional right — the free practice of their religion.

MCA's Operational Experience and Its Bearing on This Application MCA operates two facilities in Santa Clara: our primary mosque at 3003 Scott Boulevard and a neighborhood facility at 1755 Catherine Street, the latter situated in the heart of a residential community in a manner directly comparable to WVMA's Los Gatos property. We have operated the Catherine Street location continuously since 1986 — nearly four decades. During that time, we have navigated the full spectrum of challenges inherent to operating a house of worship within a residential neighborhood: managing early morning and late evening prayer times, coordinating peak-attendance events during Ramadan, maintaining constructive relationships with adjacent homeowners, and working cooperatively with the City of Santa Clara to address any concerns as they have arisen.

This history is not offered as mere institutional biography. It is offered as evidence. Four decades of successful coexistence between a mosque and its residential neighbors — without the imposition of the very restrictions that currently constrain WVMA — demonstrates conclusively that the concerns animating those restrictions are manageable, not intractable.

With appropriate operational protocols, transparent communication, and genuine goodwill, a mosque can be an exemplary neighbor. WVMA has demonstrated exactly that disposition, and this Commission should take confidence from it.

Page 450 ends

ITEM NO. 8.

The Indivisible Bond Between Our Communities
MCA and WVMA do not merely maintain a cordial inter-organizational relationship. We share the same families. A substantial proportion of our congregants reside in Los Gatos, Saratoga, Monte Sereno, and the communities of the West Valley. During the working week, they worship at MCA because our Santa Clara facility lies within convenient proximity to the tech corridor of Silicon Valley. In the evenings, on weekends, and during the sacred period of Ramadan, these same individuals and families make their way to WVMA — the mosque of their neighborhood, their schools, their streets, and their community ties. Due to the short amount of time available between breaking of the fast and Ramadan nightly prayers, it is critical for families to save time by going to their neighborhood Mosque, rather than drive 30 minutes or more, increase traffic & congestion, and develop close bonds with families and school mates.

This is not a matter of logistical convenience. It is a matter of belonging — of the deep, irreplaceable sense of place that sustains a community's identity across generations. These families chose Los Gatos deliberately: for its outstanding schools, its civic culture, its safety, and its quality of life. WVMA is not incidental to those choices. For Muslim families in that community, WVMA is the institution through which faith, identity, and civic life are woven together. To constrain WVMA's operating hours is, in effect, to exclude Muslim families from the fullness of civic belonging that every other religious community in Los Gatos takes for granted.

The Religious Necessity at the Heart of This Application The Commission should understand with precision what is being asked — and what is at stake if it is denied. Islam prescribes five daily prayers at times determined by the position of the sun.

These are not customs that may be adapted to the convenience of municipal operating schedules. They are obligations, as firmly embedded in Islamic practice as Sunday worship is in Christian tradition or Shabbat observance is in Jewish life. During the summer months, Fajr — the dawn prayer — must be performed before sunrise, which in California may be as early as 5:30 a.m. Isha — the night prayer — falls well after sunset, at times extending past 9:00 p.m. during certain seasons.

Beyond daily prayers, Ramadan — the holiest month in the Islamic calendar — brings with it the communal practice of Taraweeh: evening prayers performed collectively after the breaking of the fast. This practice has united Muslim communities in congregation for over fourteen centuries. It is not supplementary to Islamic observance; it is central to the lived spiritual experience of Ramadan. The current restrictions on WVMA's hours render these obligations functionally unperformable at the mosque nearest to these families' homes. The Commission should consider carefully whether it wishes to be the instrument by which that deprivation is perpetuated.

Page 451 ends

ITEM NO. 8.

WVMA: An Institution That Has Earned This Commission's Confidence WVMA is the sole mosque serving Los Gatos. Its role in the lives of the Muslim families it serves extends well beyond the provision of a prayer space. It is a refuge for young people navigating the complexities of faith and identity in contemporary America. It is a support network for families enduring hardship. It is a bridge to the broader Los Gatos community through interfaith engagement, service programs, and civic participation. These are not peripheral functions — they are the core of what a community institution does and why it matters.

Through our close and longstanding relationship with WVMA, MCA has observed firsthand the exceptional care and conscientiousness with which WVMA conducts itself as a neighbor. WVMA has made significant and sustained investments in noise mitigation, traffic management, landscaping, and neighbor relations.

During Ramadan — the period of highest congregational attendance — WVMA deploys volunteer traffic coordinators and implements structured parking protocols to reduce any impact on the surrounding streets. This is not the behavior of an institution indifferent to its context. It is the behavior of an institution that has internalized the responsibility of being a neighbor and takes that responsibility seriously.

It would be a profound disservice to that record of good faith — and to the families who depend on WVMA — for the Commission to deny an application that asks for nothing more than the operational latitude necessary to perform religious obligations that Muslim communities around the world fulfill as a matter of course.

The Broader Significance of This Decision
Planning decisions of this nature carry weight that extends beyond the immediate facts of the application before the Commission. They signal — to residents, to prospective residents, and to the wider community — what kind of town Los Gatos is and aspires to be. A decision to approve this application affirms that religious diversity is a civic asset, not a zoning problem. It affirms that Muslim families — like Jewish families, Christian families, and families of every other faith tradition — deserve the institutional conditions necessary for the free exercise of their religion.

It affirms that the constitutional guarantee of religious liberty is not a formal abstraction but a practical reality for every resident of this community.

MCA therefore respectfully and emphatically urges the Planning Commission to grant WVMA's Conditional Use Permit modification as requested — authorizing morning prayers before sunrise, evening prayers after 10:00 PM, and Ramadan Taraweeh prayers until 11:30 PM. These are not extraordinary privileges. They are the minimum conditions for the free practice of Islam. They are what WVMA's congregation is owed.

We stand without reservation beside WVMA, and we trust that the Planning Commission of Los Gatos will stand with us.

Page 452 ends

ITEM NO. 8.

Respectfully submitted,
Sufian Siddiqi
--
Sufian Siddiqi | President, Executive Board
Muslim Community Association
|

Page 453 ends

ITEM NO. 8.

From: cortney bui < >
Sent: Sunday, March 8, 2026 6:46 PM
To: Jocelyn Shoopman <[email protected]>
Subject: Public Comment: 16769 Farley Road – Resident Research for Planning Commission Packet
Hi Jocelyn,
I am writing to you as a concerned resident regarding the proposed modification of the Conditional Use Permit for 16769 Farley Road (West Valley Muslim Association).

To better understand the implications of this request on our neighborhood, I have conducted extensive independent research into the project’s compliance with Town Code, Fire Code, and the potential impacts on residential "quiet enjoyment." I respectfully request that the attached data and analysis be included in the Planning Commission packet for the upcoming hearing. Furthermore, I ask that the Planning, Fire, and Public Works departments carefully consider these specific points during their review:
• Life Safety and Fire Code Violations: My research indicates that a 41% parking deficit will result in overflow on Farley Road, likely dropping the unobstructed roadway width below the 20-foot legal minimum required by CA Fire Code 503.2.1. • Technical Flaws in Studies: The 2025 noise study was conducted "off-peak," failing to capture the impact of 1,200+ people arriving during predawn hours. • Infrastructure & Zoning Incompatibility: The site is a Regional Assembly Center operating at a "high-school scale" (1,217 capacity), which is incompatible with the R-1:8 residential zoning and the lack of streetlights/sidewalks on Farley Road. • Enforceability Concerns: Roughly 35% of the proposed mitigations rely on non-binding "reminders," which do not meet the standard for a binding Conditional Use Permit. • Neighborhood Standing: While this proposal may draw support from thousands of congregants, the vast majority do not live in this immediate neighborhood. I ask that the Town prioritize the "quiet enjoyment" and safety of the R-1:8 residents who will live with these impacts 24 hours a day, rather than the opinions of those who do not reside in the impacted area.

I have attached my full "Pillars of Opposition" and detailed data breakdown for your review.

Thank you for your time and for ensuring that the voices and safety of the local residents are represented in this process.

Cortney Bui
Los Gatos, CA 95032

Page 454 ends

ITEM NO. 8.

Background and Overview
Conditional Use Permit
16769 Farley Road
Application Summary:

Consider a Request for Approval 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. APN 424-21-062. Categorically Exempt Pursuant to CEQA Guidelines Section 15301: Existing Facilities.

Changes Requested:

Nighttime hours: From 10 p.m. to 10:30 p.m.
● During the 30-day month of Ramadan: From 11 p.m. to 11:30 p.m. ● Morning hours: Daily dawn (Fajr) indoor prayer service starting an hour and 15 minutes before Sunrise
Pillars of Opposition
Pillar 1: Life Safety & Fire Hazard (The "Veto" Argument) ● Confirmed 41% Parking Deficit: The applicant admits to a capacity of 1,217 people(~304 vehicles) but only has 180 spaces. This 124-car shortfall guarantees overflow onto narrow R-1:8 streets.
● Fire Code Violation (Access): Under CA Fire Code 503.2.1, a 20-foot unobstructed path is required. Overflow parking on both sides of Farley Road drops the width below this legal minimum, blocking emergency access.
● Egress Hazard: The applicant admits their commercial-grade gate is inoperable(Item #1). Operating a high-occupancy facility with broken exit hardware violates CA Fire Code 1004.1.
● Dangerous "Darkness" Gap: Unlike the Saratoga Musalla, which sits on a fully lit major arterial, Farley Road has no streetlights and no sidewalks. Forcing hundreds of vehicles onto dark, shoulder-only roads at 4:00 AM creates an extreme pedestrian-vehicle hazard.

Pillar 2: Technical Flaws & Oversight Avoidance
● Flawed "Off-Peak" Noise Study: The 2025 study was conducted outside of peak Ramadan, making it irrelevant for evaluating the impact of 1,200+ people arriving in the predawn hours.
● Outreach Failure (90% Gap): There are over 115 neighbors in the impacted area, yet the applicant only identified 35 and contacted 15. Nearly 90% of the neighborhood was ignored.
● Oversight Avoidance: The applicant finds the Saratoga Prospect Center "logistically challenging" (Item #16). In reality, that site is City-owned and strictly limits them to 150

Page 455 ends

ITEM NO. 8.
people. They are seeking to expand in Los Gatos specifically to avoid the strict capacity and noise monitoring enforced by the City of Saratoga.
● Unenforceable "Honor System": 35% of proposed mitigations rely on "reminders." Under Town Code, these are non-binding and offer no real protection for neighbors.

Pillar 3: Zoning Incompatibility & "Regional" vs. "Neighborhood" Scale ● Regional Hub Admission: The WVMA website confirms Los Gatos is their primary and largest center. A facility drawing 1,200+ people from across the South Bay 20 hours a day is a Regional Assembly Center, misplaced on a narrow residential road. ● Zoning Mismatch: The Saratoga Musalla is in a CH Commercial Zone designed for 24-hour traffic. The applicant is asking the Town of Los Gatos to treat an R-1:8 residential zone as if it were a high-traffic highway commercial thoroughfare. ● 1990 Infrastructure Ceiling: The site’s infrastructure is frozen at 1990 standards. A 35-year-old permit for a small neighborhood use does not grant a "blank check" for a modern, 1,200-person, 24-hour operation that ignores today's density. ● Incompatible Scale: At 1,217 people, this operation is larger than Fisher Middle School (~1,100). Residential "quiet enjoyment" (Town Code 29.20.190) cannot be maintained with high-school-scale crowds arriving at 4:00 AM.

The Data

1. Outreach Limitation: Only 15 of 35 neighboring properties were contacted, leaving nearly 57% unengaged. This significant gap indicates a limitation in the outreach effort.

2. Unenforceable Mitigation (35% "Honor System"): 6 of the 17 proposed actions (35%) rely on "reminders" rather than physical controls. Because the Town cannot legally enforce "reminders" or "signs," these measures fail to meet the standard for a binding Conditional Use Permit.

3. Mitigation Reversion Risk: The applicant admitted that noise-reducing changes—like the gate track removal—are only temporary. Granting a permanent prayer hour extension based on temporary removals creates a "bait-and-switch" risk for the neighborhood's noise levels.

4. Insufficient Coverage (8.5% Reach): While 35 properties were identified as impacted, only 3 neighbors (8.5%) received physical noise barriers (fences). The remaining 91.5% of the neighborhood remains exposed to the noise and light of expanded operations.

5. Taxpayer Externalities: The applicant admits the need for increased police patrols and Town-funded speed humps to manage their traffic. This shifts the financial and safety burden of a private expansion onto public resources and Los Gatos taxpayers.

6. Preference Over Necessity: The applicant confirmed the availability of the Saratoga Prospect Center. Their desire to expand at Farley Road is based on the "burden" of setting up mats elsewhere; however, applicant convenience is not a legal justification for impacting residential "quiet enjoyment."

Page 456 ends

ITEM NO. 8.

7. Confirmed 17% Parking Deficit: With a capacity of 1,217 people, the facility requires

8. 304 parking spaces by Town Code, but only has 180. This creates a massive 41% parking deficit (124 missing spaces) that will force hundreds of cars to "spill over" onto narrow residential streets, blocking emergency access and creating noise during sleeping hours. Even at the lower 869-seat capacity, the applicant admits to a 17% shortfall, proving the site is already over-capacity for this neighborhood.

9. Flawed "Off-Peak" Noise Study: The 2025 noise study (Jan 31–Feb 11) was conducted outside of peak Ramadan hours. This data does not accurately represent the true impact of 1,200+ people arriving at 4:00 AM, making the study statistically irrelevant for the requested hour extensions.

10. Incompatible "High-School" Scale: With a capacity of 1,217 people, this operation is larger than the student body of Fisher Middle School (~1,100). High schools have massive traffic management teams and are rarely located on narrow residential "feeder" roads like Farley. Operating a "high-school-sized" assembly in a quiet R-1 residential zone at midnight and predawn violates the core intent of the Town Noise Ordinance.

11. Unsafe Parking "Fixes": The applicant’s plan to squeeze in 20–30 more spots using "compact" spaces in a lot with "significant root damage" is a safety risk. Cramming more cars into smaller, broken spaces will lead to more idling, door-slamming, and noise as drivers struggle to navigate the lot in the dark.

12. Preference vs. Necessity: The applicant admits they have access to the Saratoga Prospect Center but find it "logistically challenging." Their personal convenience is not a legal justification for a Conditional Use Permit modification that permanently destroys the "quiet enjoyment" of the neighborhood.

13. Fire Hazard" & Life Safety: Under California Fire Code Sections 1004.1 and 503.2.1, any assembly over 50 people requires strict "Means of Egress" and a minimum 20-foot unobstructed roadway for fire engine access. The applicant admits to a standing capacity of 1,217 people (~304 vehicles) but only has 180 parking spaces, creating a 41% deficit (124 missing spaces). This shortfall guarantees overflow parking on both sides of Farley Road, dropping the street width below the legal 20-foot minimum and blocking emergency vehicles.

Furthermore, the applicant’s admission that their commercial-grade gate is inoperable is a direct violation of fire exit requirements, creating a massive public safety liability for the Town of Los Gatos.

14. Neutrality of the Law (The "Religious Land Use" Counter): The Town’s Noise Ordinance and Zoning Laws are "content-neutral." If a secular 24-hour gym or a late-night social club applied for these same hours in an R-1:8 zone, they would be denied instantly.

Granting an exception based on religious "norms and practices" (as cited on Page 2) would actually be preferential treatment, not "inclusivity."

15. Intensity of Use vs. Diversity (The "General Plan" Counter): Diversity does not override Density. The General Plan also mandates "Neighborhood Compatibility." A facility with a 1,217-person capacity (which is 40% short on parking) is functionally a Regional Assembly Center, not a neighborhood-scale house of worship. You are opposing the size and timing of the surge, not the faith of the people.

Page 457 ends

ITEM NO. 8.

16. The "Fixed Time" Fallacy: While the times are fixed by faith, the location is a choice. The applicant admitted (Item 16) that they have access to the Saratoga Prospect Center. If the Farley Road site cannot accommodate these "fixed times" without violating the Town’s Noise Ordinance, the applicant should use the alternative site that is better suited for high-intensity use.

17. "Essential Use" vs. Residential Quiet Enjoyment: There is no "essential public welfare" benefit to having 300+ cars descend on a quiet residential street at midnight or 4:00 AM.

In fact, the California Environmental Quality Act (CEQA) identifies late-night noise and traffic in residential zones as a "significant impact" on public welfare.

18. The "1990 Precedent" Counter: The 1990 permit for the Jehovah’s Witnesses strictly capped hours at 10:00 PM. The site’s infrastructure is frozen at 1990 standards, yet the applicant is trying to force a 2025 "Regional Scale" volume into a 35-year-old design.

While the building hasn't changed, the applicant now proposes a massive occupancy of 1,217 people (~304 vehicles) operating at all hours. A 35-year-old permit for a small neighborhood use does not grant a "blank check" for modern intensification that ignores today's traffic, fire safety, and neighborhood density.

19. Data from the West Valley Muslim Association (WVMA) indicates the 16769 Farley Road location operates as a regional hub serving multiple cities, rather than a neighborhood-scale facility, contradicting R-1:8 residential zoning.

20. Rules are applied regardless of organization mission:
a. A draft permit for a Main Street (The Club at Los Gatos) commercial establishment (U-20-012) strictly limited all operations and live entertainment to a 10:00 PM cutoff, seven days a week, to protect nearby residents.
b. Construction Limits: Residents are prohibited from performing construction or repair activities on their own property outside of 8:00 AM to 8:00 PM. c. Youth Curfew: Even the Los Gatos Youth Commission enforces a 10:00 PM curfew for minors on public streets.
d. Even public institutions like Los Gatos High School are subject to strict time and parking limitations to manage neighborhood impact.
i. The Denial of Expansion: In late 2025, Town staff recommended against changing on-street parking time limits near the high school, citing the need to prioritize "small-town charm" and prevent overflow into residential zones. ii. Strict Loading Zones: The Town recently adjusted passenger loading hours to exactly 7:30–8:30 AM and 2:00–3:00 PM to ensure school traffic does not "bleed" into other hours of the day.

Site Comparison: Zoning and Infrastructure Suitability
Feature Saratoga Musalla Saratoga
Prospect
Center
Los Gatos
(Farley Rd)
Summary

Page 458 ends

ITEM NO. 8.

Street Type Major
Arterial(Hwy 85
access)
Collector
Road(Prospect
Rd)
Minor
Residential(Farl
ey Rd)
Inadequate
Access:Farley Rd is a
low-capacity "feeder"
street, unfit for the
300+ car surges
permitted at the other
sites.

Zoning CH (Highway
Commercial)
RE
(City-Owned/P
ublic)
R-1:8 (Private
Residential)
Zoning Mismatch:

The applicant is trying
to operate a
Commercial-scale
assembly in a
Single-Family zone.

Oversight Private/Commerci
al
City of
Saratoga(Stric
t)
Private/Proposed
Expansion
Oversight
Avoidance:The
applicant finds
City-monitored sites
"burdensome" and
seeks to expand where
they have less direct
supervision.

Lighting &
Sidewalks
Fully Developed /
Lit
City
Maintained
None (Unlit/No
Sidewalks)
Life Safety Risk:

High-volume traffic at
4:00 AM on unlit,
sidewalk-free streets
creates an extreme
pedestrian-vehicle
hazard.

Neighborhoo
d Buffer
High (Business
neighbors)
Medium
(Campus
setting)
None (Abuts
bedrooms)
Quiet Enjoyment:

Unlike Saratoga, the
Los Gatos site lacks
any buffer, meaning
noise and lights hit
residential windows
directly.

Page 459 ends

ITEM NO. 8.

From: Kevin Phillips < >
Sent: Sunday, March 8, 2026 1:33 PM
To: Jocelyn Shoopman <[email protected]>
Subject: Concerns Regarding Conditional Use Permit Modification – 16769 Farley Road Kevin Phillips
Los Gatos, CA 95032
March 8, 2026
Town of Los Gatos Planning Commission
Community Development Department
110 E. Main Street
Los Gatos, CA 95030
Subject: Concerns Regarding Conditional Use Permit Modification – 16769 Farley Road Dear Planning Commission Members and Senior Planner Jocelyn Shoopman, I am a resident of Farley Road and live at , in close proximity to the facility at 16769 Farley Road. I am writing to express concerns regarding the proposed modification to expand operating hours and activity levels at this location.

Under the Los Gatos Municipal Code, a Conditional Use Permit (CUP) may only be approved when the Planning Commission can make specific findings demonstrating that the proposed use is compatible with surrounding uses and will not adversely impact the neighborhood. The Town’s zoning framework recognizes that certain uses may be appropriate only if carefully regulated and compatible with their location; however, the existence of a conditional use listing does not guarantee approval if the impacts are inconsistent with the surrounding zone. (https://www.losgatosca.gov/997/Conditional-Use-Permit-Table) Because I cannot find street parking near my house during mosque events and based on circulated community information, I am concerned that the proposed expansion may conflict with several required CUP findings.

1. Incompatibility With Surrounding Residential Neighborhood The surrounding area consists primarily of residential streets intended for neighborhood-scale uses. Los Gatos zoning policy emphasizes that land uses should be mutually compatible with surrounding residential development.

The proposal would expand activity late into the evening and introduce early-morning operations, including pre-dawn arrivals between approximately 4:00 and 5:00 AM. These hours

Page 460 ends

ITEM NO. 8.
are inconsistent with the typical expectations for quiet residential neighborhoods and may create ongoing disturbances for nearby residents.

2. Parking Deficiency and Neighborhood Traffic Impacts
Community materials indicate the facility may accommodate approximately 1,217 occupants but provide only 180 parking spaces, representing a significant parking deficit.

Such a disparity suggests that overflow parking would inevitably spill onto nearby residential streets including Farley Road and adjacent streets. This raises several planning concerns:
• Traffic congestion on narrow residential streets
• Obstruction of emergency vehicle access
• Increased noise and activity during late evening departures and early morning arrivals Planning approvals typically require that projects demonstrate adequate infrastructure capacity and parking availability to support the proposed use without degrading neighborhood conditions.

3. Life Safety and Emergency Access Concerns
The streets surrounding the facility are narrow residential streets. If overflow parking occurs, emergency vehicle access could be impeded. Municipal planning processes typically require consideration of public safety impacts and emergency access before approving expanded use intensity. When an event ends, traffic on Farley Rd can crawl to a standstill. The Mosque has tried to mitigate this by employing traffic guards to direct traffic exiting its driveway but this doesn't solve the issue and only highlights the mismatch between the property's current use and the surrounding neighborhood.

4. Scale of Use Relative to Neighborhood Context
The materials circulated locally describe a facility capable of serving more than 1,200 people, suggesting a regional-scale assembly use rather than a neighborhood-scale facility.

The Town’s zoning framework is intended to ensure that uses located within or adjacent to residential zones remain compatible in scale and intensity with surrounding neighborhoods.

Substantial increases in hours of operation and attendance levels may fundamentally change the intensity of use at this location.

Request for Careful Evaluation
For these reasons, I respectfully request that the Planning Commission carefully evaluate whether the proposed modification can satisfy the required findings for Conditional Use Permit approval, including:

Page 461 ends

ITEM NO. 8.
• Compatibility with surrounding residential uses
• Adequacy of parking and traffic circulation
• Protection of neighborhood quiet hours
• Preservation of emergency vehicle access and public safety If these findings cannot be clearly demonstrated, the Town should consider maintaining the current operating limitations or requiring additional mitigation measures to protect the surrounding neighborhood.

I appreciate the Planning Commission’s careful consideration of land use decisions and its commitment to balancing community needs with neighborhood livability.

Thank you for your time and attention to this matter.

Sincerely,
Kevin Phillips
Los Gatos, CA 95032

Page 462 ends

ITEM NO. 8.

From: Hisham Mabrook < >
Sent: Saturday, March 7, 2026 9:39 AM
To: Jocelyn Shoopman <[email protected]>
Cc: [email protected] <[email protected]>
Subject: Approval of WVMA CUP petition
Dear Jocelyn -
I understand WVMA’s hearing is on March 25. As a Los Gatan and a regular visitor to the center, I ask for your support in ensuring a fair and balanced assessment, and to afford our Muslim neighbors the same grace that the “Farley Road facility” was approved some 35 years ago by the city under different circumstances. It is an integral part of the life of countless Los Gatan community members.

Hisham Mabrook

Page 463 ends

ITEM NO. 8.

From: Juweria Khan Vora < >
Sent: Friday, March 6, 2026 1:13 PM
To: Jocelyn Shoopman <[email protected]>
Subject: WVMA permit
Dear Senior Planner Shoopman and the Town of Los Gatos Planning Commission, Thank you for keeping the town of Los Gatos a clean, safe, and welcoming city for everyone. I am a resident of Cambrian Park where I reside with my husband and children.

We are blessed to have the West Valley Muslim Association close to our home. To be able to have a community center and mosque all in one is a huge deal for the Muslim community. We have been attending regular prayers and services at the mosque since the location on Farley Avenue was purchased. Over the years, the community that attends the WVMA has grown and flourished. This is due to the amazing programs it has provided for our community at large, including all age groups. My children consider WVMA their second home, where they feel comfortable, recognized, and can meet with other children their age. This has been crucial in developing their identity as proud American Muslims. Not only this, but we have continuously given our time to charitable causes that benefit other communities, such as a backpack project where backpacks were donated to underserved children in our community, or packing lunches for the homeless living within our own city of San Jose.

Further, as you may have noticed, the property of WVMA has been continuously beautified since it was purchased, with additions of lovely plants to the landscape and the building and paving of small portions at a time so that it can be appealing and fit the standards of an already beautiful neighborhood.

That being said, the five daily prayers are an integral aspect of our spiritual well being. Having a place to come to pray and bond with fellow Muslims at these times is invaluable. Especially during the holy month of Ramadan, the community comes together in worship and service to the greater community, engaging in special prayers and service projects that also aim to help out our neighbors. These situations may call for very early/later stays at the WVMA. However, we have always been mindful of the neighboring community, their privacy and peace of mind, and will always continue to do so. It is understandable for neighbors to be concerned about these things as they have so warmly welcomed us to their neighborhood. However, as practicing Muslims, we are taught to take care of our neighbors, and love them as we would love ourselves, and I truly feel that we have tried our best in staying true to this.

Thank you for everything you do. Please support the request of WVMA to modify its conditional use permit to allow the morning and night prayers, and extended use in the month of Ramadan.

Sincerely,
Juweria Vora

Page 464 ends

ITEM NO. 8.

From: < >
Sent: Friday, March 6, 2026 5:09 PM
To: Jocelyn Shoopman <[email protected]>
Subject: WVMA 16769 Farley Rd.

Dear Jocelyn,
I am writing to let you know about my support of the request of WVMA to modify its conditional use permit to allow morning and night prayers and for use in the holy month of Ramadan until 11:30PM. I wrote this email over a year ago, but I find myself having to write about the same topic, again, and every word holds equally true now as it did then.

WVMA is a very special place to our family. The morning and night prayers in particular are a refuge from the chaos and hectic nature of Silicon Valley life and a much needed spiritual oasis for the Los Gatos community at large. WVMA recently helped our family navigate and overcome a very difficult time period of our lives. We can only imagine what it must have done for so many other families.

We believe that any concerns about WVMA can be amicably resolved if approached in good faith. Our family always does our personal part to minimize disruption to the surrounding neighborhood.

Thank you and best regards,
The Iqbal Family (Shan, Isra, Abdulah, Aisha, Ibrahim, Sulaiman)

Page 465 ends

ITEM NO. 8.

From: Manel Khan < >
Sent: Friday, March 6, 2026 12:21 PM
To: Jocelyn Shoopman <[email protected]>
Cc: [email protected] <[email protected]>
Subject: Support for WVMA
First, I would like to thank you for all the work you do to serve and care for our beautiful town of Los Gatos.

My name is Manel. I currently live on in Los Gatos. I’m writing to express my support and share how meaningful WVMA is to my family.

My husband, Sadi, has not missed the morning prayer in months. He has repeatedly expressed how much peace and tranquility it brings him.

For my daughter, Sophia, who is a 5th grader at Alta Vista Elementary school, WVMA is a place where she can learn about her faith not just theoretically, but practically. Through their Sunday School, she was able to serve her community by making blankets for and feeding the unhoused.

Experiences like these are shaping her to become a wonderful member of society and an exemplar human being.

As for me, WVMA has allowed me to build meaningful relationships fueled by kindness, compassion, and mutual respect.

I truly hope that you take our experiences into consideration as you evaluate the modified permit request. We are all committed to being a positive presence in the broader Los Gatos community and fostering a deep sense of mutual respect and harmony.

Best regards,
Manel

Page 466 ends

ITEM NO. 8.

From: Musa Ali < >
Sent: Friday, March 6, 2026 12:19 PM
To: Jocelyn Shoopman <[email protected]>; [email protected] <[email protected]>
Subject: WVMA Mosque
Dear Ms Shoopman,
The WVMA mosque is like home to me. I’m sure I speak for many others too when I say that without our morning and night prayers at the masjid we feel a part of us has been taken away.

It is a chance to pray with others and that is really important in Islam. God says in our book the Quran “A person’s prayer observed along with another is purer than his prayer observed alone”. I am 12 years old and live very close to the masjid and even I can see the masjid is a beautiful place where people can gather. Especially during the best month of Ramadan where we all fast for 30 days. It means so much to do this with my friends and family. Please do not take away our night prayers during Ramadan. It is a late night prayer but it’s not just that. It’s more. It’s a chance to celebrate a day of fasting with your friends and it brings us joy. So please do not take away this joy from all of us. We all love living in Los Gatos. It's a beautiful city and the masjid helps people who live in Los Gatos.

Thank you for reading my letter from Musa Ali.

Page 467 ends

ITEM NO. 8.

From: Zahra Kassam < >
Sent: Friday, March 6, 2026 12:17 PM
To: Jocelyn Shoopman <[email protected]>; [email protected] <[email protected]>
Subject: WVMA 16769 Farley Rd
Dear Senior Planner Shoopman,
My family moved to Los Gatos in August 2023 in order to live near the WVMA. We purchased a home on where we plan to live after renovating. We currently rent a home on . The WVMA is a very special place that offers a tremendous service to the community.

Before living in Los Gatos, we lived in Oakland and Half Moon Bay. In Oakland, our son who was 7 years old at the time, was bullied at school for being Muslim. The situation got so bad that his mental health suffered severely and we ended up moving to Half Moon Bay for a complete change. Living by the beach was lovely but there was no mosque in the area so we had nowhere to go for prayers and celebrations. We wanted our children to grow up with community and we began researching all of our options in the Bay Area. When we found the WVMA, we found our home. We have no extended family in the Bay Area but it honestly feels like we now have the village we needed to help raise our children and to support us through the ups and downs of life. Congregational prayer at the five fixed times of day is the most important part of this as it is the primary way that we keep ourselves and our children connected to our faith. With work and school taking place during the day, the early morning prayers and the night prayers are often the only ones that we can attend. The night prayers during Ramadan are also extremely important as this is the month when we focus most on cultivating faith and community. Without morning and night prayers and without late prayers during Ramadan, a mosque is not really mosque anymore.

I implore you to allow us to continue to practice our faith freely. I implore you to support a rich and diverse Los Gatos.

Thank you,
Zahra Kassam

Page 468 ends

ITEM NO. 8.

From: Hadiya Aziz < >
Sent: Friday, March 6, 2026 10:49 AM
To: [email protected] <[email protected]>; Jocelyn Shoopman <[email protected]>
Subject: WVMA additional usage hours
Dear Jocelyn
My name is Hadiya Aziz and I work in Los Gatos. I moved here from Santa Clara with my family 10 years ago. I was brought to this area to be closer to a deaf/hard of hearing inclusion school for my daughter. I was able to find a lot of diversity and support with our deaf peers and families. But we left the major Muslim place of worship in Santa Clara to be here so I was really concerned about my kids' connection to our faith.

As WVMA has started running a mosque in Los Gatos, me and my family were able to go to the center more often and it strengthened my children's Muslim identity (which is not always easy).

A lot of our communities and connections suffered in a post pandemic world. Being Muslim, having community is a central part of our faith. While we pray 5 times a day, we are required to have a communal prayer weekly.

I want to thank the planning department and the commission for all their hard work. I would love to have WVMA's request for additional use in the morning, night and Ramadan granted.

Thank you,
Hadiya Aziz

Page 469 ends

ITEM NO. 8.

From: Ufuk Sengül < >
Sent: Friday, March 6, 2026 10:44 AM
To: Jocelyn Shoopman <[email protected]>
Cc: [email protected] <[email protected]>; Esra Sengul < > Subject: Support for WVMA's Permit
Dear Jocelyn,
My name is Yusuf, and I am writing to you on behalf of my wife and our two children (ages 6 and 9). We moved to the neighborhood about four years ago and have been regular members of the WVMA community ever since.

While we have visited other mosques in previous neighborhoods, the WVMA’s unique approach to building a community truly stands out; it is where our hearts are. Thanks to the WVMA, we are able to fulfill our religious needs and take part in meaningful community activities, such as helping the homeless. Additionally, our children attend Sunday school there, which has been wonderful for their social development.

I can confidently say that the WVMA leadership works incredibly hard to ensure the neighborhood remains peaceful. They are proactive in speaking with neighbors, inviting the local community into the facility, and ensuring that our members are respectful of all rules, both inside and outside the building. They are always open to feedback to make things better for everyone.

The WVMA is a gem within Los Gatos, and my family sincerely hopes it is able to maintain its permit.

Sincerely,
Yusuf Sengul

Page 470 ends

ITEM NO. 8.

From: Nadya Abdallah < >
Sent: Friday, March 6, 2026 10:27 AM
To: Jocelyn Shoopman <[email protected]>
Subject: Appreciation for the WVMA community
Hello Jocelyn,
I hope this email finds you well. I’m writing as a grateful member of the WVMA community.

When choosing a place to raise a young family, there are many things to consider: schools, walkability, and most importantly for us, community and a sense of belonging. We purchased our home specifically to be close to WVMA so our children could grow up surrounded by likeminded families.

Just within the last month, there have been different activities and programs for all of my children, each catering to their different needs: story time for my one-year-old, babysitting for my four-year-old, and making cards to deliver to a hospital for my eight-year-old. My husband also frequently attends the night prayers during the month of Ramadan.

America is truly a melting pot, but it is important for us to find a community of people who practice our faith so our children can grow up feeling a sense of belonging rather than feeling othered.

Thank you in advance.

Warm regards,
Nadya Abdallah

Page 471 ends

ITEM NO. 8.

From: Amira Sherbiny < >
Sent: Friday, March 6, 2026 10:05 AM
To: Jocelyn Shoopman <[email protected]>
Subject: Support for WVMA Use Permit
Dear Ms. Shoopman,
I hope you are doing well. My name is Amira Elsherbiny and I am a local resident who is part of the WVMA community. I’m writing to share my support for the West Valley Muslim Association’s request to approve the modified use permit allowing morning and night prayers, including the additional prayers during Ramadan.

WVMA is a very special place for many of us. It is where families gather to pray, connect, and support one another. Being able to attend early morning and evening prayers is a meaningful part of our faith, and it becomes especially important during Ramadan.

The mosque has always tried to be a thoughtful and respectful part of the Los Gatos community, and it means a lot to have a place where we can practice our faith and feel a sense of belonging.

Thank you for your time and consideration.

Warmly,
Amira Elsherbiny

Page 472 ends

ITEM NO. 8.

From: Linda S < >
Sent: Sunday, March 1, 2026 5:00 PM
To: Gabrielle Whelan <[email protected]>; Jocelyn Shoopman <[email protected]>
Cc: Planning <[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 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)

Page 473 ends

ITEM NO. 8.

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

Page 474 ends

ITEM NO. 8.

Page 475 ends

ITEM NO. 8.
2 © 2017 Thomson Reuters. All rights reserved.

Avoiding and Defending Against RLUIPA Claims
prohibiting the Bible camp use on the subject property advanced the comprehensive plan’s goal to uphold the rural and rustic nature of the town, including the specific area surrounding a prominent lake in the residential zone. The group also had a reasonable opportunity to locate the camp on other suitable property in the county. (Eagle Cove Camp & Conference Ctr., Inc. v. Town of Woodboro, 734 F.3d 673 (7th Cir. 2013).)

AVOIDING AND DEFENDING SUBSTANTIAL
BURDEN CLAIMS
The most common RLUIPA claim is where a religious group asserts that government action has substantially burdened its religious exercise. To claim a substantial burden, the applicant must first show one of the following:
„ The substantial burden is imposed on a program or activity that receives federal financial assistance.
„ The substantial burden affects interstate commerce.
„ The government has made an individualized assessment on the proposed religious use by imposing or implementing a land use regulation, which is the most common.

If the religious group can establish that government action substantially burdens its religious exercise, the government can only avoid liability if it can show that its action advanced a compelling governmental interest using the least restrictive means possible. (42 U.S.C. § 2000cc(a).)
Municipalities should understand the needs of the religious group. RLUIPA suits turn on whether an adverse zoning decision truly infringes religious exercise or is only a matter of preference or convenience for the religious group. Courts have repeatedly rejected claims of “financial cost and inconvenience, as well as the frustration of not getting what one wants” as constituting a burden on religion (Castle Hills First Baptist Church v. City of Castle Hills, 2004 WL 546792, at *11 (W.D. Tex. Mar. 17, 2004); see also Midrash Sephardi, Inc. v. Town of Surfside, 366 F.3d 1214, 1227 (11th Cir. 2004) (rejecting the argument that having to walk a few blocks farther to a synagogue, even if some congregants were ill, or very young or old, constituted a substantial burden)).

In one case, members of a synagogue claimed that requiring that it locate in a specific zone substantially burdened its religious exercise because its congregants, including those who were ill, very young, or very old, would be required to “walk farther.” The court was not persuaded: “While we certainly sympathize with those congregants who endure Floridian heat and humidity to walk to services, the burden of walking a few extra blocks, made greater by Mother Nature’s occasional incorrigibility, is not ‘substantial’ within the meaning of RLUIPA.” (Midrash Sephardi, Inc. v. Town of Surfside, 366 F.3d 1214, 1227 (11th Cir. 2004).)

CREATE A SURPLUS OF LAND FOR RELIGIOUS USE
Conducting an annual inventory of all land available for religious use may help to plan for these uses and to avoid or defend against RLUIPA claims. The more land available for religious uses, the better a municipality’s chances of defending against substantial burden and unreasonable limits claims. For both types of claims, some courts consider whether there are feasible alternative properties available for religious use. (Chabad Lubavitch of Litchfield Cty., Inc. v. Litchfield Historic Dist. Comm’n, 768 F.3d 183, 195 (2d Cir. 2014).) A surplus can also help municipalities defeat claims brought under RLUIPA’s total exclusion provision, which provides that “[n]o government shall impose or implement a land use regulation that … totally excludes religious assemblies from a jurisdiction” (42 U.S.C. § 2000cc(b)(3)(A)). Claims under this provision are defeated by making some land available for religious use.

The more alternatives there are, the more difficult it is for a religious group to show that an adverse decision has caused it to modify or forego its religious behavior. For example, the US Court of Appeals for the Second Circuit found a substantial burden where a village in New York denied an Orthodox Jewish group’s special permit to expand its coeducational day school because of a lack of feasible alternatives. The court credited the testimony of the day school’s experts, who testified that the planned location of the school expansion “was the only site that would accommodate the new building.” (Westchester Day Sch. v. Village of Mamaroneck, 504 F.3d 338, 352-53 (2d Cir. 2007).)
Reevaluating Land Designated for Religious Use
To help avoid and defend against substantial burden and unreasonable limits claims, a municipality’s annual inventory should determine how many lots are:
„ Vacant.
„ Available for sale.
„ Zoned to allow religious use.

If few parcels are available for religious use, municipalities should consider whether amendments to the text of the zoning regulations or to the official zoning map would make more land available for religious use.

Real estate experts and planners can help municipalities better understand the realities of the marketplace and determine whether they should amend their zoning maps to make more land available for religious use. If a municipality chooses to vigorously defend a RLUIPA suit, real estate and planning experts may be able to convince a court that other sites are available for the religious group to use.

However, despite the provision’s clarity, some religious groups attempt to use an alleged lack of other sites to attack an adverse zoning decision as substantially burdening their religious exercise when the groups simply prefer a specific site.

PLAN FOR A COMPELLING INTEREST
According to the US Supreme Court, compelling interests are interests of the “highest order” (Church of the Lukumi Babalu Aye, Inc. v. City of Hialeah, 508 U.S. 520, 546 (1993)). Although the legal standard for demonstrating a compelling interest is high, existing case law provides several examples, including:
„ Protecting public health and safety objectives (Wisconsin v. Yoder, 406 U.S. 205 (1972)).
„ Preserving the rural and rustic, single-family residential character of a residential zone (Eagle Cove Camp & Conference Ctr., Inc. v.

Town of Woodboro, 734 F.3d 673 (7th Cir. 2013)).

Page 476 ends
← All documents from this meeting