Los Gatos City Council
August 18, 2026

ITEM NO. 8.

From: cortney bui
Sent: Friday, March 13, 2026 9:57 PM
To: 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:
[EXTERNAL SENDER]
I am writing to report a serious public safety incident that occurred today on Farley Road, directly related to the ongoing parking and traffic issues surrounding the property at 16769 Farley Road (U-24-010).

At 9:48pm, I observed a vehicle illegally blocking a fire hydrant on this street. I have already contacted the Los Gatos-Monte Sereno Police Department to report this violation.

ITEM NO. 8.

ITEM NO. 8.

ITEM NO. 8.

This incident is a direct illustration of the dangerous "overflow" parking that occurs when this facility exceeds its capacity. Blocking a fire hydrant is not just a parking nuisance; it is a lifethreatening hazard that compromises the Santa Clara County Fire Department’s ability to respond to emergencies in our neighborhood.

As you consider the applicant's request for expanded hours and increased intensity of use, I urge you to recognize that:

Current Capacity is Already Unsafe: The street cannot safely accommodate the current volume of vehicles, leading to illegal parking that blocks critical fire infrastructure.

ITEM NO. 8.

Approval Will Exacerbate Hazards: Granting a permit for more occupants or hours will only increase the frequency of these safety violations.

Duty to Protect Residents: The Town has a legal obligation to ensure that its land-use decisions do not create "dangerous conditions" on public property, such as obstructed emergency access.

I request that this report be included in the official project file and distributed to the Planning Commissioners before the next hearing.

Thank you,
Cortney Bui
.

ITEM NO. 8.

From: Cortney Bui
Sent: Sunday, March 15, 2026 10:13 PM
To: 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: Re:
[EXTERNAL SENDER]
Same fire hydrant, different license plate, just another night. I just called in to report this is not safety for the community. On Farley, next to WVMA.

ITEM NO. 8.

ITEM NO. 8.

From: Althea Tran
Sent: Friday, March 13, 2026 8:44 PM
To: Rob Moore <[email protected]>; Maria Ristow <[email protected]>; Mary Badame <[email protected]>; Rob Rennie <[email protected]>; Jocelyn Shoopman <[email protected]>; Alexa Nolder <[email protected]>; Erin Walters <[email protected]>
Subject: Public Comment Item: 16769 Farley Road (CUP Application U-24-010) Dear Los Gatos Planning Commission
[EXTERNAL SENDER]
I am writing as a concerned resident to provide public comment regarding the Conditional Use Permit (CUP) application for 16769 Farley Road (Application U-24-010).

While I respect the right to religious observance, I have significant concerns regarding how this project and its proposed expanded hours are impacting our community. Specifically, I am concerned that religious affiliation is being leveraged in a way that feels intimidating to residents who wish to voice legitimate planning and land-use objections.

The Planning Commission’s role is to ensure that any permit modification remains compatible with the surrounding residential neighborhood. I urge the Commission to:
• Prioritize Resident Safety: Ensure that no group or applicant uses religious standing to stifle public discourse or intimidate neighbors during the town's evaluation process. • Maintain Neighborhood Character: Strictly evaluate how expanded hours of operation will affect local traffic, noise levels, and the overall peaceful character of this residential area.
• Uphold Fair Process: Ensure that the approval process remains focused on objective land-use standards and does not yield to pressure or intimidation tactics.

I request that this comment be included in the official record and the agenda packet for the next scheduled hearing.

Sincerely,
Althea
Los Gatos Neighborhood

ITEM NO. 8.

From: Gai le
Sent: Friday, March 13, 2026 8:41 PM
To: Rob Moore <[email protected]>; Maria Ristow <[email protected]>; Mary Badame <[email protected]>; Rob Rennie <[email protected]>; Rob Moore <[email protected]>; Matthew Hudes <[email protected]>; Alexa Nolder <[email protected]>; Jocelyn Shoopman <[email protected]>; Erin Walters <[email protected]>
Subject: Public Comment Item: 16769 Farley Road (Application U-24-010) [EXTERNAL SENDER]
Dear Los Gatos Planning Commission,
I am writing as a resident deeply concerned about the Conditional Use Permit (CUP) application for 16769 Farley Road (U-24-010).

The applicant is currently mobilizing hundreds, and potentially thousands, of members from throughout the region to demonstrate public support. While the town allows for broad public input, I urge the Commission to distinguish between general support from a massive organization and the actual land-use impacts on the small handful of residents who live immediately adjacent to the site.

As neighbors, we find ourselves in an impossible position. We are a few families facing a large, coordinated campaign. Many of us are fearful of speaking up because we are being vastly outnumbered by people who do not live here, yet our names and home addresses become part of the public record when we participate.

Furthermore, I must ask: since when is any organization, regardless of religious affiliation, above the law? The Planning Commission’s mandate is to protect the character and safety of our specific residential neighborhood. Religious status should not exempt an applicant from the same objective standards—such as noise, traffic, and residential "quiet hours"—that any other entity must follow.

I request that the Commission:
• Weight Local Impact Over Membership Numbers: Prioritize the testimony of the residents who will deal with the daily noise and traffic impacts of expanded hours, rather than the sheer volume of support from non-resident members. • Apply Laws Equally: Hold the applicant to the strict residential standards of the R-1 zone, ensuring no special exemptions are granted that would negatively impact the neighbors' quality of life.

ITEM NO. 8.
• Acknowledge the Climate of Intimidation: Recognize that the scale of this mobilization makes it difficult for local neighbors to feel safe participating in the public process.

Our neighborhood’s peace and stability should be protected based on objective planning standards and the Town’s General Plan, not dictated by which side can generate the most "public" pressure.

Sincerely,
[Your Name]
[Your Address/Neighborhood]

ITEM NO. 8.

From: Josh Stone
Sent: Friday, March 13, 2026 8:26 PM
To: Rob Moore <[email protected]>; Jocelyn Shoopman <[email protected]>; Mary Badame <[email protected]>; Matthew Hudes <[email protected]>; Maria Ristow <[email protected]>; Planning <[email protected]>; Rob Rennie <[email protected]>; Alexa Nolder <[email protected]> Subject: Violation of Zoning Integrity and Policy LU-1.4 – 16769 Farley Road [EXTERNAL SENDER]
Dear Los Gatos Town,
I am writing to oppose the CUP modification for 16769 Farley Road. The Town has a legal and municipal obligation to its residents to uphold the integrity of the R-1-8 (Single-Family Residential) zone—a "social contract" that was clearly defined when the WVMA purchased this property in 2018.

1. The Legal Obligation to Protect Zoning Integrity
Under Town Code § 29.20.190, this Commission is legally tasked with ensuring that any conditional use does not "impair the integrity and character of the zone."

2. Violation of General Plan Policy LU-1.4: "Blend vs. Compete" This proposal directly violates General Plan Policy LU-1.4, which mandates that non-residential uses in neighborhoods must "blend rather than compete" with the established neighborhood scale.
• The WVMA Strategic Planning Update (Jan 2026) explicitly outlines a goal for "regional consolidation" and "unity across Saratoga and Los Gatos." • This confirms that the facility is no longer a localized neighborhood use. It has become a high-intensity regional destination that "competes" with our homes for street space, quiet enjoyment, and safety.

3. The Town’s Duty to Residents
The Town’s primary legal obligation is to protect the public health, safety, and welfare of its residential districts. By the applicant's own admission, they are conducting "scenario testing and capacity analysis" for growth. Our residential safety and the R-1-8 designation cannot be subject to "capacity testing." If a Single-Family zone can host thousands of regional visitors and operate into late-night hours, the Town has failed its obligation to maintain the very zoning laws it is sworn to enforce.

ITEM NO. 8.

We ask the Commission to uphold Policy LU-1.4 and Town Code § 29.20.190 by denying this modification.

Sincerely,
Josh S. & 50+ neighbors
Farley Dr.

Los Gatos Resident

ITEM NO. 8.

From: Luan Huynh
Sent: Friday, March 13, 2026 8:51 PM
To: Maria Ristow <[email protected]>; Mary Badame <[email protected]>; Rob Rennie <[email protected]>; Matthew Hudes <[email protected]>; Rob Moore <[email protected]>; Jocelyn Shoopman <[email protected]>; Alexa Nolder <[email protected]>; Planning <[email protected]> Subject: Public Comment from Senior Resident: 16769 Farley Road (Application U-24-010) [EXTERNAL SENDER]
Dear Los Gatos Planning Commission,
I am a senior resident living near 1600 Farley Road, and I am writing to share my deep concerns regarding the proposed expansion of hours and operations (Application U-24-010).

As someone who relies on a walker for mobility, my perspective is not about politics or religion—it is about my basic safety and my ability to live peacefully in my home. I am very concerned that the massive influx of people and vehicles this expansion will bring—mobilized from a membership base of thousands—will make my neighborhood inaccessible and unsafe for me.

The Town has a legal and ethical obligation to protect its most vulnerable residents. I urge the Commission to consider the following:
• Pedestrian Safety and ADA Access: Increased traffic and illegal or overflow parking often block sidewalks and curb cuts. For a senior on a walker, a blocked sidewalk isn't just an inconvenience; it is a dangerous barrier that forces me into the street. The Town must ensure that any expansion does not violate ADA (Americans with Disabilities Act) standards for neighborhood accessibility.
• The Law Must Apply to Everyone: I have lived a long time and understand that rules exist to keep a community functional. No organization is above the law or the local zoning codes. Religious affiliation should not grant a "pass" to ignore the noise and traffic standards that protect a quiet residential neighborhood.

I ask the Commission to prioritize the safety and mobility of local seniors over the desires of a large organization to expand beyond what a residential street can handle. Please keep our neighborhood safe, accessible, and quiet.

Sincerely,
Luan Huynh, A senior concerned resident.

Farley Drive

ITEM NO. 8.

From:

Sent: Monday, March 16, 2026 10:58 AM
To: Mary Badame <[email protected]>; [email protected] <[email protected]>; Rob Rennie <[email protected]>; Matthew Hudes <[email protected]>; Jocelyn Shoopman <[email protected]>; Alexa Nolder <[email protected]>; Planning <[email protected]> Subject: Official Opposition: Scale and Procedural Failures at 16769 Farley Road [EXTERNAL SENDER]
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 "neighborhood-scale" 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.

ITEM NO. 8.

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 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,
Roger & Ann Bundlie
Los Gatos, CA 95032

ITEM NO. 8.

From: Mark Leonard
Sent: Monday, March 16, 2026 11:53 AM
To: 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: Land Use Neutrality and Safety Concerns: Opposition to 16769 Farley Road [EXTERNAL SENDER]
Dear Mayor Moore, Vice Mayor Ristow, and Members of the Council and Commission, As a 26 year resident of the Farley Road neighborhood, I am writing to formally oppose the CUP modification for 16769 Farley Road. To be absolutely clear: This is not an issue of religion; it is an issue of land-use intensity.

Our opposition is not based on who is inside the building or what they are doing; it is based entirely on the physical impact of what happens outside the building and how it affects the safety of our R-1 neighborhood.

1. Glaring Inconsistency with Recent Town Precedents
The Town of Los Gatos has a documented history of prioritizing residential "quiet enjoyment" over commercial or institutional expansion. Granting a 4:00 AM start time here would directly contradict the very standards the Town just enforced elsewhere:
• The Club at Los Gatos (Main Street): The Town strictly limited this commercial establishment to a 10:00 PM cutoff, seven days a week, specifically to protect nearby residents from noise and traffic.
• Los Gatos High School: In late 2025, Town staff recommended against changing on-street parking limits, citing the need to prioritize "small-town charm" and prevent overflow into residential zones.
• Strict Loading Zones: The Town recently restricted school loading hours to exact 60- minute windows (7:30 AM and 2:00 PM) to ensure traffic does not "bleed" into the rest of the day for neighbors.
• Resident Construction: Even homeowners are prohibited from performing repairs on their own property outside of 8:00 AM to 8:00 PM.

The Question: If the Town enforces a 10:00 PM limit on Main Street and strict caps on our local high school, why would it permit a 1,217-person regional assembly to begin at

ITEM NO. 8.
4:00 AM in a quiet residential cul-de-sac? The law must be neutral; if it’s too loud for a loading zone, it’s too loud for an R-1 neighborhood.

2. The "Darkness" Hazard and Infrastructure Failure
Unlike major commercial boulevards, Farley Road has no streetlights and no sidewalks. Forcing a surge of hundreds of vehicles and pedestrians onto dark, shoulder-only roads at 4:00 AM or 11:30 PM is a recipe for a tragedy. Physics does not care about the mission of the organization; it only cares about the capacity of the road. This infrastructure was never engineered for "Regional Stadium" intensity during sleeping hours.

Please remain consistent with Town precedents and protect our R-1 neighborhood. Deny this CUP expansion.

Sincerely,
Mark Leonard

ITEM NO. 8.

From: Kim Ratcliff
Sent: Monday, March 16, 2026 3:46 PM
To: Jocelyn Shoopman <[email protected]>; Alexa Nolder <[email protected]>; Planning <[email protected]>
Cc: jimratcliff ; Sblend Sblendorio
Subject: Formal Opposition to CUP Modification U-24-010 (16769 Farley Road) - Discrepancy in Proximity
[EXTERNAL SENDER]
Dear Los Gatos Planning Commission,
We are writing as concerned residents and next door neighbors to formally oppose the requested modification to the Conditional Use Permit (U-24-010) for the West Valley Muslim Association (WVMA).

The applicant’s proposal relies on a misleading metric: the distance from their building entrance to our homes. In a residential zone, noise impact is not measured from a doorway; it is measured from the source of the disturbance. While the applicant claims a ~200-foot buffer, the actual source of noise—the parking stalls and vehicle pathway—is significantly closer to our bedroom.

The Discrepancy in Proximity:
• Applicant Claim: 186–274 feet from the auditorium entrance to nearby homes. • Physical Reality: Parking and idling noise occurs as close as 30 feet (16793 Farley Rd), 42 feet (16771 Corcel Ct), and 47 feet (16760 Chirco Dr). (See Google map images below) Technical Flaws in the April 2025 Noise Analysis:

The current study is insufficient for a residential "quiet hours" expansion for two reasons:

1. Averages vs. Peaks: The study uses Leq (average noise), which mathematically "hides" the very disturbances that wake residents. A car door slam or engine start at 30 feet measures 65–70 dBA. Even if the average noise stays low, these individual Lmax (peak) events at 4:00 AM are "startle noises" that violate the 45 dBA interior sleep threshold and the 100-foot sleep protection zone (Code Sec. 16.20.010).

2. Lack of Peak Data: The analysis was not conducted during high-intensity periods, such as Ramadan nights, when the frequency of these peak noise events is highest.

ITEM NO. 8.

Requested Conditions of Approval:

If the Commission considers this modification, I request the following protections be mandated:

1. Mandatory 100-Foot Nighttime No-Parking Buffer: To ensure compliance with Municipal Code Sec. 16.20.010, which prohibits activities that disrupt rest within 100 feet of a sleeping quarters between 10:00 PM and 8:00 AM, the Town must prohibit all parking and vehicle idling within 100 feet of any residential property line during these hours. As my data shows, current parking stalls at 30–56 feet are well within this protected zone and cannot be used without disrupting resident rest.

2. Physical Barriers: Require the applicant to install permanent signage and physical bollards/chains to close off these restricted stalls during the requested pre-dawn and late-night hours. Relying on "attendee cooperation" is not an enforceable mitigation measure.

3. Updated Acoustical Study: Require a study that specifically measures Lmax (Peak) events (Ramadan) at the property line to ensure they do not exceed the 45 dBA interior limit during quiet hours.

We ask the Commission to prioritize the "quiet enjoyment" and health of long-standing residents over the intensification of this institutional use.

Sincerely,
Kim and Jim Ratcliff

ITEM NO. 8.

ITEM NO. 8.

From: Kim Ratcliff
Sent: Monday, March 16, 2026 4:13 PM
To:

Subject: Please send this to the Town
To: Jocelyn Shoopman <[email protected]>; Alexa Nolder <[email protected]>; Planning <[email protected]>
Bcc: [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected] Subject: CUP Modification – Farley Road (WVMA)
Dear Planning Commission:

We are writing as concerned residents and nearby neighbors to formally oppose the requested modification to the Conditional Use Permit (U-24-010) for the West Valley Muslim Association (WVMA). I am a senior citizen who has lived in my home for 55 years! Until now, our street has been wonderfully quiet but Farley Road now resembles El Camino Real. I am too scared to cross Farley Road on foot at all times of the year due to WVMA's intensity of activities which occur night and day, Ramadan, and services on Fridays for four hours.

Please take our public safety concerns into account and make Farley Road safe again year round so I can visit my friend who lives on Izorah Way without fearing I will be hit by a car as someone speeds to the applicant's facility routinely to make it on time.

We neighbors suggested shuttles during Ramadan but the applicant was unwilling to consider. The applicant’s justification for dismissing a Park and Ride/Shuttle program focuses primarily on internal convenience and organizational preference. However, a Conditional Use Permit (CUP) is a contract with the Town to ensure that a project’s intensity does not overwhelm the surrounding residential neighborhood. The "burdens" described by the applicant do not outweigh the Town's responsibility to protect public safety and neighborhood quietude.

1. Operational Convenience vs. Public Safety
The applicant claims that shuttles are a "substantial burden" due to the late hours of Ramadan. While we respect the observance of faith, the physical constraints of Farley Road do not change based on the calendar. If the facility cannot accommodate the proposed 450+ attendees without causing traffic gridlock or safety hazards for emergency vehicles, the burden should fall on the applicant to manage their capacity—not on the neighborhood to absorb the overflow.

2. The "Shuttle Swarm" Logic is Flawed
The applicant argues that moving 450 people would require 25 shuttles simultaneously. This actually highlights the core issue: Farley Road cannot handle 450 people arriving at the same time. If 12–25 shuttles create a "swarm" that is too loud or disruptive for the neighborhood, then 150+ individual private vehicles (many idling, searching for parking, or doors slamming) create a far more chaotic and permanent impact on residents.

3. Noise Comparison: Shuttles vs. Individual Cars
The applicant suggests shuttles are louder than EVs. However, one modern, professional shuttle replaces 10 to 15 individual car trips. The noise of a single shuttle passing by is objectively less disruptive than 15 separate cars navigating narrow streets, high-beam lights shining into bedroom windows, and the cumulative noise of dozens of people walking from distant street-parked cars to the facility.

4. Accommodating Vulnerable Populations
The applicant mentions the elderly and disabled as a reason to avoid shuttles. In standard transit planning, shuttles are actually a preferred method for accessibility, as they can provide door-to-door dropPage 685 ITEM NO. 8.
off at the facility entrance, sparing those with mobility issues from walking long distances from overflow street parking on dark residential hills.

5. Financial/Administrative Challenges
Under California land-use law, the financial cost to an applicant to mitigate the impacts of their project is not a valid reason to waive safety or parking requirements. Most high-intensity uses in residential zones (schools, clubs, churches) are required to fund and manage their own traffic mitigation. The applicant’s reliance on donations does not exempt them from the standard mitigation costs required of any other developer or organization in Los Gatos.

Conclusion
If the applicant finds a Park and Ride program "impractical," the logical solution is to limit the attendance capacity to a number that the onsite parking can safely support. The neighborhood should not be forced to provide "de facto" parking for a surge in attendance that the facility's own infrastructure cannot handle.

Sincerely,
Rita Skubis

ITEM NO. 8.

From: Nikki Nguyen
Sent: Tuesday, March 17, 2026 12:55 PM
To: Jocelyn Shoopman <[email protected]>; Alexa Nolder <[email protected]>; Planning <[email protected]>
Subject: Formal Opposition: Project U-24-010 (16769 Farley Drive) - Evidence of Neighborhood Detriment
[EXTERNAL SENDER]
Dear Planning Commissioners,
I am writing to formally submit my opposition to the proposed CUP modification for the property at 16769 Farley Drive.

As part of the record for this application, I would like to direct the Commission’s attention to a public statement made by the applicant’s Executive Director, Lubna Shaikh, in a recent video regarding this project.

At the 2:48 – 2:55 timestamp, the Executive Director states: “It’s so rewarding, but your neighbors hate you.”
While the applicant chooses to characterize neighborhood concerns as "hate," this admission is a critical piece of evidence for the Commission's decision-making process:

1. Confirmation of Detriment (Town Code 29.20.190): The Town Code is clear that a Conditional Use Permit (CUP) must not be detrimental to the health, safety, or general welfare of the neighborhood. By the applicant’s own admission, the current operation has already created a significant, documented conflict. If the applicant acknowledges such a negative impact on the residents, then any expansion of hours or intensity is, by definition, detrimental to the general welfare.

2. Failure to "Blend" (General Plan Policy LU-1.4): Our General Plan requires that nonresidential uses in residential zones must "blend and not compete" with the surrounding neighborhood. A project that the director admits is in such deep conflict with its neighbors has already failed this standard.

3. Objective Impacts vs. "Hate": Our opposition is not personal; it is based on the preservation of the quiet enjoyment of our homes. We object because the proposed expansion of hours and intensity on a narrow residential street like Farley Drive is incompatible with the safety and character of our community.

If the current scale of the operation is already admittedly problematic for the neighborhood, the Planning Commission has no legal or planning basis to approve an increase in that activity.

I urge the Commission to deny this modification and uphold the protections of the Los Gatos Town Code and General Plan.

ITEM NO. 8.

Sincerely,
Nikki Nguyen
Los Gatos Blvd Resident

ITEM NO. 8.

From: Wash & Dry
Sent: Tuesday, March 17, 2026 1:02 PM
To: Jocelyn Shoopman <[email protected]>; Alexa Nolder <[email protected]>; Planning <[email protected]>
Subject: Rebuttal to Applicant’s Justification for CUP Modification (Farley Road) [EXTERNAL SENDER]
The applicant’s testimony regarding their "Decades Long Extensive Search" (Pages 5–7) provides the clearest evidence for why this CUP modification should be denied. We urge the Commission to consider the applicant’s own admissions as follows:

1. "Zoning Restrictions" Exist for a Reason
The applicant admits they struggled with zoning laws that "limit usage to residential areas" for religious facilities. These laws are not "obstacles" to be overcome; they are essential protections for residents. By the applicant’s own admission, they chose a site in a strictly residential zone because they could not find or afford a commercial or industrial site. The residents of Farley Road should not be forced to bear commercial-level impacts simply because the applicant found residential land to be their only affordable option.

2. Land Cost vs. Neighborhood Character
The applicant notes that "increased land values" made it difficult to acquire larger properties. However, an inability to afford a properly sized commercial lot does not grant an applicant a "discount" on neighborhood compatibility. Financial constraints do not change the physical capacity of Farley Road. If the applicant cannot afford a site that fits 450 people, they must limit their attendance to fit the site they actually purchased. A residential neighborhood is not an "overflow parking lot" for an organization that has outgrown its footprint.

3. The "Mere Chance" Admission
The applicant states they "happened on the Los Gatos facility by mere chance" after a developer’s plan for 10–17 homes faced "stiff opposition." This proves the applicant was fully aware that the neighborhood was already sensitive to density and traffic impacts. By proposing an intensity of use (450+ people) that far exceeds the impact of those 17 homes, the applicant is disregarding the very residential standards they knew existed when they acquired the property.

4. The "Buyer Beware" Principle
The applicant admits they purchased the Farley Road property knowing it was an "existing religious facility" with a specific, limited CUP. They chose to buy into a fixed footprint and a specific neighborhood context. An organization’s growth beyond that established capacity

ITEM NO. 8.
is a reason to find a larger, appropriately zoned site—not a reason to force a quiet residential neighborhood to accept commercial-level traffic and noise.

5. The Saratoga Comparison Proves the Point
The applicant argues their use of the Saratoga Prospect Center is "compatible" with residential life. However, that site is a City-owned facility on 2.6 acres with 150 parking spots. If the applicant requires a facility of that scale to operate effectively, it proves that the Farley Road site—which is tucked deep into a residential street—is fundamentally the wrong location for this level of expansion.

6. False Equivalency: Saratoga Prospect Center vs. Farley Road Comparing the Saratoga rental to the Farley Road property is an "apples-to-oranges" argument. The Saratoga site is a public facility with different ingress/egress patterns designed for high turnover. Farley Road is a narrow residential street where sound echoes and traffic bottlenecks uniquely. Successful management of a rented hall for limited hours does not prove that a permanent, high-intensity expansion here will avoid a devastating cumulative impact on the neighbors who live here 365 days a year.

7. Operational Convenience vs. Land-Use Impacts
The applicant cites the "burden" of setting up and tearing down at the Saratoga Prospect Center as a justification for expanding their Los Gatos site. However, internal operational convenience for an applicant is not a valid basis for a CUP modification. The Town’s responsibility is to mitigate external impacts on the residents—such as noise, traffic, and safety—not to solve the applicant's logistical preferences or "labor-intensiveness." If their current facility requires staggered prayers and rented space to function, it confirms the project has already reached its "by-right" capacity at the Farley Road location.

Conclusion
The applicant is asking the Town to be "lenient" on zoning and safety standards because they had a hard time finding a building and find renting space inconvenient. In a Residential Zone, there is no room for leniency regarding traffic safety, noise, and the "quiet enjoyment" of our homes. We ask the Planning Commission to uphold the integrity of the R-1 zone and deny this modification.

Sincerely,
Nam Nguyen
Los Gatos Blvd Resident

ITEM NO. 8.

From: Jinping Yang
Sent: Tuesday, March 17, 2026 10:41 PM
To: Jocelyn Shoopman <[email protected]>; Alexa Nolder <[email protected]>; [email protected]
Subject: Opposition to WVMA CUP Modification
[EXTERNAL SENDER]
Dear Sir/Madam,
This email is to express our opposition to WVMA's CUP modification request. My family lives at , right across the street to the mosque. It is imperative to convey our opinion before it gets too late, along with many others in the neighborhood who have signed the petition.

Saw it on Nextdoor where someone brought up Islamophobia, which cannot be further from the truth. Just for one counter-argument, my family doctor used to be Dr. Naeem Hashmi, until his Crescent Medical Center became out of network. Dr. Hashmi frequents WVMA. The only reason is the intensity of the use of the facility is beyond reasonable and disruptive to the quiet nature of our neighborhood, even given the fact that WVMA has been self regulating somewhat in the past two years. The reality is, our neighborhood has changed. The least we can do is to try to stop it from getting worse.

Judging by the daily motorcade on Farley Rd, most prayers are at least upper middle class.

We respect them and wish them well. However, their success should not come at our expense. From what I heard, WVMA does have options to expand their practice elsewhere.

As far as this neighborhood is concerned, I do not see a win-win solution.

Appreciate your kind attention to this matter. Please hear the voices from the neighborhood.

Thanks & best regards,
Jinping Yang & Zhuo Wang

ITEM NO. 8.

From: Roohina diwan
Sent: Tuesday, March 17, 2026 10:26:12 PM
To: Jocelyn Shoopman <[email protected]>
Cc:

Subject: Youth Perspective on the Importance of WVMA
[EXTERNAL SENDER]
Dear Mrs. Shoopman,
My name is Ayah Zaafran. I am 12 years old and a 7th grader, and I wanted to share how important the West Valley Muslim Association has been in my life.

Although my family lives in Evergreen, we often drive to Los Gatos because this community center is such a meaningful place for us. It is where I have learned the importance of service, leadership, and creativity.

Through activities at the center, I have helped make blankets for people in need, participated in art contests, and discovered my love for performing arts. My first performance was there, and the encouragement I received helped me grow the confidence to perform in multiple productions.

I am also a Girl Scout, and many of the values I learn there—leadership, service, and helping others— are the same values that this community center encourages in young people.

Most importantly, it is a place where youth like me feel supported and encouraged to grow. It helps young people build confidence, friendships, and a sense of belonging while learning how to give back to the community.

Thank you for taking the time to listen to a youth perspective and for considering how important spaces like this are for young people.

Sincerely,
Ayah Zaafran

ITEM NO. 8.

From: Roohina diwan
Sent: Tuesday, March 17, 2026 10:31:46 PM
To: Jocelyn Shoopman <[email protected]>
Subject: Support for WVMA CUP Request
[EXTERNAL SENDER]
Dear Mrs. Shoopman,
My name is Roohina Diwan, and I am the mother of four children who have all grown up connected to the West Valley Muslim Association community.

For our family, WVMA is not simply a place of worship—it is where our children learn the values of service, leadership, and community engagement. My children volunteer there, participate in youth programs, and learn how to give back to others.

Two of my children are currently involved in the youth council, which has provided them with meaningful leadership opportunities and a space to develop confidence and responsibility. Through the center, our family has participated in volunteer projects such as making blankets for children with extended hospital stays and supporting other community service initiatives, including providing meals and hygiene kits to the unhoused.

As a parent, it means a great deal to have a place where my children feel supported, safe, and encouraged to grow into compassionate and engaged members of the community.

We are grateful for the role WVMA plays in helping families like ours raise children who care deeply about service, leadership, and contributing positively to the broader Los Gatos community.

Thank you for your time and consideration.

Sincerely,
Roohina Diwan

ITEM NO. 8.

From: Noor Zaafran
Sent: Tuesday, March 17, 2026 10:58:32 PM
To: Jocelyn Shoopman <[email protected]>
Subject: Youth Perspective on the Importance of WVMA
[EXTERNAL SENDER]
Dear. Mrs. Shoopman
My name is Noor Zaafran. I am 16 years old, and I wanted to share what the West Valley Muslim Association means to me and other young people.

This center is a place where youth are encouraged to serve, grow, and support others. I have been studying American Sign Language in school for three years, and one of my hopes is to volunteer there by helping teach basic sign language to children with special needs who participate in programs at the center. It is important to me that everyone has ways to communicate and feel included.

The community has also inspired me to give back. I organize bake sales where the proceeds go to organizations such as HomeFirst Services and other nonprofits that support people experiencing homelessness. Being part of this community has taught me that service to others is an important part of being a good neighbor.

What I appreciate most is how welcoming and inclusive this space is. People from many backgrounds and at many different stages of life come here, and everyone leaves feeling supported and encouraged.

These experiences are part of what inspired my goal of becoming a psychologist and working with vulnerable populations in the future.

Thank you for taking the time to consider how spaces like this support youth, service, and community connection.

Sincerely,
Noor Zaafran

ITEM NO. 8.

From: George Alvarado
Sent: Wednesday, March 18, 2026 9:00 AM
To: Jocelyn Shoopman <[email protected]>; Planning <[email protected]>; Alexa Nolder <[email protected]>
Subject: Public Comment: WVMA CUP Modification (16769 Farley Rd) [EXTERNAL SENDER]
Dear Planning Commission Members,
I am writing to provide specific technical evidence regarding the proposed CUP modification for 16769 Farley Road. Based on the applicant’s own "Response to Staff Technical ReviewResponse to Staff Technical Review," there is a dangerous discrepancy between the building’s actual occupancy capacity and the provided on-site parking.

1. The "Fixed Seating" Calculation Gap
This is a critical point for the Commission to consider: Most Town parking requirements are historically based on fixed seating or a lower "concentrated" occupancy. However, the applicant’s technical data confirms that without chairs—the primary mode of use, as shown in the attached photo—the total occupancy for the three prayer halls jumps to 1,217 persons.

2. The 124-Space Parking Deficit
Under standard planning ratios for assembly uses (typically 1 space per 4 occupants), a 1,217-person capacity would require 304 parking spaces. • The site currently only provides 180 parking spaces.
• This represents a 40% deficit (124 spaces) that will inevitably overflow into the narrow residential streets of the Farley Road neighborhood during the requested late-night and early-morning Ramadan hours.

3. Misleading "Seated" Calculations
The applicant’s data lists a "seated" occupancy of 869. However, the attached photo from their website proves that the facility functions as an unconcentrated assembly space.

Approving a permit modification based on "seated" numbers—when the actual usage reaches 1,217 people—is a failure of land-use oversight that compromises neighborhood traffic safety.

4. Fire Safety and Egress
With a documented capacity of 1,217 people, this facility moves into a higher tier of Fire Code requirements. I request that the Town and Fire Marshal confirm:
• Does the current infrastructure (exit widths, alarm systems, and sprinklers) meet the 1,217-person threshold, or was it only permitted for a lower seated capacity? • How can the Town ensure that "unconcentrated" crowds do not block required emergency egress paths during peak prayer times?
Requested Action:

I urge the Commission to deny the modification until the applicant provides a verified Parking Management Plan that accounts for the full 1,217-person occupancy, rather than a

ITEM NO. 8.
lower "concentrated" or seated figure. Alternatively, the Town should impose a legally binding cap on attendance that matches the 180 available parking spaces (approximately 720 persons). See photos below.

Thank you for protecting the safety and residential integrity of Los Gatos.

Sincerely,
Georg A.
(A Concerned Los Gatos Neighbor)

ITEM NO. 8.

From: Kim Ratcliff
Sent: Wednesday, March 18, 2026 12:06 PM
To: Alexa Nolder <[email protected]>; Jocelyn Shoopman <[email protected]>; Planning <[email protected]>; Sblend Sblendorio
jimratcliff
Subject: Public Comment: WVMA (16769 Farley Rd) – Proposed "Left-Turn Only" Exit for Community Safety
[EXTERNAL SENDER]
Dear Planning Commission,
We're writing to share a safety-focused recommendation regarding the exit traffic pattern at 16769 Farley Road, currently under review for a Conditional Use Permit (CUP) modification.

Currently, vehicles exiting the property primarily turn right (see attached photo), which sends surges of traffic into a quiet residential neighborhood with narrow streets and minimal lighting. We propose that as part of the updated permit, the Town implement a left-turn-only exit toward Los Gatos Boulevard for the following reasons:
• Proximity to Commercial Scale Infrastructure: Los Gatos Boulevard is only ~800 feet from the mosque exit. It is a commercial-grade artery designed to handle high volumes, whereas the residential "feeder" streets to the right are not.
• Enhanced Visibility and Safety: Unlike the interior neighborhood streets, Los Gatos Boulevard is well-lit and features signalized intersections. Directing 100% of exiting traffic toward this corridor reduces the risk of accidents in dark residential areas. • Neighbor Mitigation: A left-turn-only requirement effectively protects the neighborhood from "cut-through" traffic, noise, and headlights, directly addressing the core concerns raised by residents during this CUP process.

Regardless of whether the current exit pattern is a private initiative or a prior town requirement, a formal "left-turn only" mandate would align with the Town’s Local Roadway Safety Plan (LRSP) by utilizing the safest, most efficient route for high-volume periods.

Thank you for your time and for prioritizing neighborhood safety.

Sincerely,
Kim and Jim Ratcliff

ITEM NO. 8.

ITEM NO. 8.

ITEM NO. 8.

ITEM NO. 8.

Allen
From: Kim Ratcliff
Sent: Wednesday, March 18, 2026 8:48 AM
To: Allen Meyer <[email protected]>; Gabrielle Whelan <[email protected]>; Jocelyn Shoopman <[email protected]>; Alexa Nolder <[email protected]>; jimratcliff ; Sblend Sblendorio
Subject: West Valley Muslim Association Violations 3/15/26 and 3/18/26 [EXTERNAL SENDER]
Dear Allen,
We're writing to inform you of two recent WVMA violations. On 3/15/26, multiple vehicles exited the facility past 11 pm. This is in direct violation of not only hundreds of attendees staying past 10 pm (instead of the allowed 10-25) but also WVMA's extended 11 pm Ramadan curfew. We reported this violation to the LG-MS PD non-emergency line. The incident number was 2603150092.

This morning 3/18/26 at approximately 6:20 am, multiple vehicles entered WVMA's facility well before the City's allowed 8 am hours of operation. We called in this violation to LG-MS PD. The incident number is 2603180023.

Should you need time stamped videos, let us know and we will provide as usual.

Kim and Jim Ratcliff

ITEM NO. 8.

From: Al Daryan
Sent: Wednesday, March 18, 2026 4:35 PM
To: Jocelyn Shoopman <[email protected]>; Alexa Nolder <[email protected]>; Planning <[email protected]>
Subject: URGENT: Safety and Infrastructure Opposition to CUP Application U-24-010 (16769 Farley Road)
[EXTERNAL SENDER]
Dear Commissioners,
I am writing to formally oppose the requested modification of hours for Application U-24-010. The intensification of use—documented at a maximum standing capacity of 1,217 people—presents an unmitigated risk to the safety of the Farley Road corridor and its surrounding residential network.

As Los Gatos has recently established its first Emergency Management Division and issued an RFP for a Town-wide Evacuation Plan and Traffic Model, it is premature and dangerous to approve an expansion of this magnitude without a site-specific version of the same rigor.

1. Conflict with the Local Roadway Safety Plan (LRSP)
The Town’s Local Roadway Safety Plan identifies the protection of "vulnerable road users" as a top priority. Farley Road is a critical "Safe Route to School" for students attending Los Gatos High School and nearby schools.
• The "Lingering" Risk: While the applicant requests a 4:00 AM start, communal activities and departures from a 1,200+ person assembly will inevitably linger into the 6:30 AM–8:00 AM peak school commute window.
• Safety Data: The LRSP mandates data-driven decisions to reduce collisions.

Increasing high-occupancy vehicle turnover on a narrow residential street during school hours creates "near-miss" conditions that the LRSP is specifically designed to prevent.

2. Infrastructure Failure, Parking Deficit, and Fire Safety Under Los Gatos Town Code Section 29.10.150, religious assembly requires 1 onsite parking space for every 4 occupants. • The Deficit: A capacity of 1,217 people requires 304 on-site parking spaces. The applicant provides only a fraction of this, forcing hundreds of cars into unsafe street parking.
• Fire Access: In this High Fire Hazard Severity Zone, this overflow narrows Farley Road and obstructs Santa Clara County Fire Department access. Per Town Policy HAZ-3.4, development must be restricted in areas with inadequate emergency access.

ITEM NO. 8.

3. Federal "Equal Terms" (RLUIPA) Compliance
Under the Religious Land Use and Institutionalized Persons Act (RLUIPA), the Town must treat religious and secular assemblies on Equal Terms. If the Town would deny a secular "event center" of 1,217 people the right to operate these hours due to traffic and safety impacts, it must apply that same standard here to avoid granting an illegal "special privilege."

4. Demand for Technical Studies and Infrastructure Mitigation Given these "unusual circumstances," the CEQA Categorical Exemption is inappropriate. I request that the Commission require the applicant to fund:
• Professional Evacuation & Fire Access Modeling: A licensed fire-protection engineer must prove a 1,217-person surge will not obstruct the "Feeder Street Network" or school commute routes.
• Mandatory Off-Site Infrastructure: The applicant must fund permanent improvements on Farley and the Feeder Network, including Comprehensive Sidewalk Infill, Asphalt Speed Humps, and Enhanced LED Street Lighting for 4:00 AM/12:00 AM visibility.

Conclusion
The Town must prioritize the safety of current residents and students over the expanded operations of a single entity. I request the Commission deny this application until the applicant provides the requested modeling and guarantees funding for the necessary infrastructure.

Sincerely,

ALIREZA DARYAN (AL)

ITEM NO. 8.

From: Johnna S
Sent: Wednesday, March 18, 2026 7:27 PM
To: Alexa Nolder <[email protected]>
Cc: Jocelyn Shoopman <[email protected]>
Subject: Re: Request to Disregard Prior Submission – Farley Road Matter [EXTERNAL SENDER]
Good Morning.

I would like to respectfully request that my previous email submission regarding the Farley Road matter be disregarded, as it does not fully reflect my personal observations or views. I have since submitted a separate letter with this email that more accurately represents my position based on my direct experience.

To the Los Gatos Planning Commission,
I am writing to provide an accurate account of my observations regarding the mosque located on Farley Road.

Our home is situated approximately three houses from the property, at the intersection with Izorah Way. My family has lived in this home since 1975, and we are very familiar with the patterns and character of this neighborhood.

Farley Road is zoned for commercial and religious use, and as such, it is reasonable to expect periods of increased activity associated with lawful use of the property, including gatherings and vehicle traffic related to worship services.

Based on my direct observations, individuals attending services conduct themselves in a respectful and orderly manner. They arrive and depart quietly, do not loiter, do not play loud music, and have not littered or caused any property damage to my home. Vehicles park along the public street, including in front of my residence, but have never blocked my driveway or interfered with access.

Traffic associated with services is generally limited in duration. When attendees arrive, any increase in traffic typically lasts no more than approximately 10 minutes and remains quiet and orderly. When services conclude, there is a more concentrated flow of departing vehicles lasting approximately 15 to 20 minutes. During this peak period, the volume of traffic can briefly resemble that of a much busier corridor, similar to El Camino Real.

During this peak departure period, it can be difficult for pedestrians to safely cross the street, as vehicles do not consistently yield. A neighbor who lives on Izorah Way, and who has been a resident longer than I have, has expressed that they feel unsafe attempting to cross during this time due to the steady flow of traffic. This is the primary impact I have observed. However, this condition is temporary and resolves once the flow of vehicles subsides.

ITEM NO. 8.

Outside of these short intervals, the street returns to normal conditions and remains quiet, with typical neighborhood traffic patterns. In fact, regular traffic from nearby commercial businesses, including the Jack in the Box and tire shop, is more constant and often involves higher speeds than what is observed during mosque-related activity.

In summary, based on my experience and that of my household, the use of this property as a place of worship has been respectful, orderly, and consistent with the zoning of the area. Any impacts are brief, predictable, and limited in duration.

I respectfully ask that the Commission consider these factual observations when evaluating concerns related to this property.

Thank you for your time and consideration.

Sincerely,
Rita Skubis

ITEM NO. 8.

From: MARNETTE ATKINSON
Sent: Wednesday, March 18, 2026 4:21 PM
To: Jocelyn Shoopman <[email protected]>; Alexa Nolder <[email protected]>; Planning <[email protected]>
Subject: Zoning Mismatch: Why 16769 Farley Road Fails the "Neighborhood Compatibility" Test [EXTERNAL SENDER]
Dear Mayor Moore, Vice Mayor Ristow, Council Members, and Planners, To make an informed decision on the CUP modification for 16769 Farley Road, the Town must look at the infrastructure reality of other regional centers. The applicant is seeking "Regional Center" hours for a site that lacks basic "Neighborhood" safety features.

1. The Zoning Incompatibility
Unlike the Saratoga Musalla (Commercial) or MCA (Industrial), which sit on major 4-to-6-lane boulevards, Farley Road is a narrow, 2-lane residential feeder. There are no streetlights and no sidewalks. Forcing a 4:00 AM surge of 300+ vehicles onto dark residential shoulders is a safety failure that other regional centers simply do not face because they are located in appropriate zones.

2. The "Saratoga Alternative" is the Solution
The applicant already operates a facility in Saratoga that is better suited for 5:00 AM services.

They have admitted that using the Saratoga site is merely "logistically challenging." Applicant convenience is not a legal basis for a CUP modification. If the Farley Road site cannot safely accommodate a 4:00 AM surge without violating the Noise Ordinance, the applicant should utilize their commercially-zoned alternative.

3. The 41% Parking Deficit
Regional-scale operations require regional-scale parking. The applicant is 124 spaces short of Town Code. This deficit will force hundreds of visitors to park in front of residents' homes at 4:00 AM. This isn't "outreach"—it's an imposition on the taxpaying families of Los Gatos.

4. Protecting the R-1 Foundation
If the Town allows a 1,217-person assembly (larger than Fisher Middle School) to operate at 4:00 AM, the R-1 zoning designation becomes meaningless. We ask the Town to maintain its commitment to "Small Town Character" and Deny this intensification of use.

Sincerely,
Marnette Atkinson
Los Gatos, CA 95032

ITEM NO. 8.

From:

Sent: Thursday, March 19, 2026 8:24:10 AM
To: Jocelyn Shoopman <[email protected]>; Allen Meyer <[email protected]>
Cc:

Subject: Violation of CUP at 16769 Farley Road,arch 18, 2026 (*Sender's request incident # for this email)
[EXTERNAL SENDER]
Dear Allen and Jocelyn,
This email serves as a formal notification regarding a violation of the Conditional Use Permit's operating hours at 16791 Farley.

Please provide me with a incident number correlated with this email.

The attached video was taken last night from our backyard. The screen shot includes the time stamp details of the video footage.

Please find the details of the violation below:
- Date of Violation: Wednesday, March 18, 2026
- Description of Violation: Use of facility and parking lot after 11 PM - Recommended Action: Request the LGPD and/or Town of Los Gatos notify the facility's operation/representatives of the violation; impose prescribed fines for violation; proactively monitor and cite facility for non compliance.

Please let me know what the planned course of action will be made as this is an ongoing issue.

There continues to be glaring examples of the organization violating the current CUP, and last night further underscores why we and the neighborhood are opposed to the pending CUP application requesting incremental adjustments, when the organization is not adhering to existing rules. We believe that further exceptions will only exacerbate the issues and result on more bad behavior.

We believe the pending CUP should be denied as it will further erode our rights as homeowners and create impossible and untenable living conditions, preventing our rights as citizens and tax payers of Los Gatos from enjoying our residential properties, and negatively impact the character of our low density,.residentially zoned neighborhood safety and charm.

If you have any questions please contact me as soon as possible.

Regards,

ITEM NO. 8.

ITEM NO. 8.

ITEM NO. 8.

From:

Sent: Thursday, March 19, 2026 11:58 AM
To: Alexa Nolder <[email protected]>; Allen Meyer <[email protected]> Cc: Jocelyn Shoopman <[email protected]>;
Subject: Re: Violation at 16769 Farley Road - Video Link [EXTERNAL SENDER]
Hello Alexa and Allen,
Yes, please include in public comments, anonymously, for fear of retribution.

Here is the link to the video file of the hours of operation violation - 03182026 Violation of CUP at 16769 Farley Road on March 18, 2026.

Please provide me with the incident number correlated with the reporting via email of this violation.

Regards,
On Thu, Mar 19, 2026 at 10:12 AM Alexa Nolder <[email protected]> wrote:

Hi
Unfortunately, the video is not accessible within the email. You may need to re-attach or share it via a OneDrive, Google, or DropBox share link.

Can you confirm you want this to be included in the public comments, too? Sincerely,
Alexa Nolder (She/Her)
Administrative Technician
Community Development Department
From:

Sent: Thursday, March 19, 2026 10:11 AM
To: Jocelyn Shoopman <[email protected]>; Allen Meyer <[email protected]>; Alexa Nolder <[email protected]> Subject: Violation at 16769 Farley Road - Video Link
[EXTERNAL SENDER]
PXL_20260319_060214771.mp4

ITEM NO. 8.

From: William Armaline
Sent: Thursday, March 19, 2026 3:47:14 PM
To: Jocelyn Shoopman <[email protected]>;
Cc: Sean Allen ; Aliah Abdo
Subject: NAACP Written Public Comment for Los Gatos Town Council Hybrid Planning Committee Meeting on 03/25
[EXTERNAL SENDER]
Jocelyn and LG Town Council Members:

Please see our written public comment submission attached for your upcoming Hybrid Planning Committee meeting on 03/25.

Please feel free to contact us at any time if you have any questions or concerns. Thank you so much. Hope you all enjoy the afternoon.
peace. bill.
(NAACP of SJ/SV Executive Board)
--
William T. Armaline
Professor, Sociology and Interdisciplinary Social Sciences [SISS] San Jose State University
Order our new book now from Routledge Press: Human Rights Praxis and the Struggle for Survival.

ITEM NO. 8.

March 19, 2026
TO: Los Gatos Town Council and Staff
C/O Senior City Planner, Jocelyn Shoopman
FROM: NAACP of San José and Silicon Valley
Executive Committee
SUBJECT: Written Comment / Letter of Support for West Valley Muslim Association [WVMA] Senior City Planner Jocelyn Shoopman and Los Gatos Council Members:

We write you for the third time here (as submitted public comment) in support of the West Valley Muslim Association, which operates the only Mosque in Los Gatos (16769 Farley Road), and thus serves as a critical resource for our Muslim community members for preserving their religious practices and cultural traditions.

It is our understanding that the WVMA is seeking to renew the extended hours of operation of the Mosque under their conditional use permit [CUP], such that they could hold morning (Fajr), evening (Isha), and Ramadan nightly (Taraweeh) prayers in accordance with their faith. We remain in full support of their request (extending the hours of their CUP), as the timing and consistency of daily prayer is fundamental to Islamic spiritual practice, and they are the only organization offering such organized prayer services in the city.

However, it is also our understanding that the WVMA is being asked to meet a long list of conditions/requirements in order to extend their CUP, creating substantial burdens that limit their ability to host religious practices and services.

While it is always important to weigh the impacts of such decisions on neighbors and other community members, it seems that WVMA has made every reasonable attempt at public education (to the city and to the community) about the importance of these practices, and have demonstrated a willingness to operate with good faith considerations of noise, traffic, and so forth. Further, we believe that WVMA is within their rights to offer morning, evening, and Ramadan nightly prayer service in accordance with their faith under the Federal Religious Land Use and Institutionalized Persons Act (2000), which prohibits the government from substantially burdening religious exercise. Finally, we find it curious that the WVMA is apparently the first and only such organizational resident to be held to these new conditions/requirements. We urge you to revert to the original requirements, or that you work directly with the WVMA such that no significant burden is placed on religious practice in securing the CUP.

In sum, we write in support of WVMA’s request to extend their hours of operation under their current CUP, without new burdensome conditions/requirements, in order to ensure the ability of Muslim community members in Los Gatos to freely practice their faith. Please do not hesitate to contact us at any time regarding this matter.

Thank you for your time and consideration.

Sincerely on behalf of the Executive Committee,
Sean Allen William Armaline, Ph.D.

President, NAACP SJ/SV Criminal Justice Chair, NAACP SJ/SV

ITEM NO. 8.

From: Jeffrey Wang
Sent: Thursday, March 19, 2026 6:11 PM
To: Jocelyn Shoopman <[email protected]>; Planning <[email protected]> Subject: WVMA 16769 Farley Road Conditional Use Permit
[EXTERNAL SENDER]
Dear Town of Los Gatos Planning Commission:

Please find attached a letter from the San Francisco Bay Area office of the Council of AmericanIslamic Relations in support of West Valley Muslim Association’s request to modify its Conditional Use Permit for 16769 Farley Road.

Thank you for your attention to this matter.

Sincerely,
Jeffrey Wang
Civil Rights Managing Attorney
Council on American-Islamic Relations, California
San Francisco Bay Area Office
3350 Scott Blvd, Bldg. 48
Santa Clara, CA 95054
408.986.9874 | ca.cair.com/sfba
*Disclaimer: This email may contain confidential and privileged material, including attachments, for the sole use of the intended recipient(s) named above. Please do not review, use, copy, forward, or in any way distribute or disclose the contents of this e-mail including any attachments unless you are the intended recipient(s) named above. If you are not the intended recipient, or authorized to receive this message for the recipient, please contact the sender by reply email and delete all copies of this message. This email does not by itself establish an attorney-client relationship, and may not constitute legal advice.*

ITEM NO. 8.

Council on American-Islamic Relations
San Francisco Bay Area Office
3350 Scott Blvd., Bldg. 48, Santa Clara, CA 95054
Tel. 408.986.9874 Fax 408.986.9875 ca.cair.com
WASHINGTON D.C.

ARIZONA  CALIFORNIA  CONNECTICUT  FLORIDA  GEORGIA  ILLINOIS  IOWA  KENTUCKY  MICHIGAN  MINNESOTA  MISSOURI  NEW JERSEY  NEW YORK  OHIO  OKLAHOMA  PENNSYLVANIA  TEXAS  WASHINGTON March 20, 2026
VIA ELECTRONIC MAIL: [email protected]; [email protected] Town of Las Gatos Planning Commission
110 E. Main Street
Los Gatos, CA 95030
RE: West Valley Muslim Association’s Conditional Use Permit Modification Request – 16769 Farley Road
Dear Town of Los Gatos Council Planning Commission:

I write on behalf of the San Francisco Bay Area office of the Council on American-Islamic Relations (“CAIR-SFBA”), our nation’s largest American Muslim civil rights and advocacy organization. Our mission is to enhance understanding of Islam, protect civil rights, promote justice, and empower American Muslims.

CAIR-SFBA last wrote to this Commission in support of West Valley Muslim Association’s (“WVMA”) request to modify its Conditional Use Permit (“CUP”) for the Los Gatos Islamic Center (“LGIC”), located at 16769 Farley Road, Los Gatos, CA 95032, in December 2024. We are again writing to urge this Commission approve WVMA’s modified Conditional Use Permit, as the modifications are critical to ensuring that WVMA can continue serving congregants in Los Gatos.

WVMA’S IMPACT IN THE LOS GATOS COMMUNITY
As you may already know, WVMA established LGIC, the only mosque in the Town of Los Gatos, in July 2018. The mosque has grown to now serve approximately 150 Muslim families in the West Valley Area. WVMA’s key leadership has resided in the area for over thirty years, and their children and grandchildren were born and raised locally. Muslims live, work, and play in this community, and they also choose to pray here.

MANDATED PRAYER TIMES IN ISLAM
As you may also know, Muslims are required to pray five times daily at certain intervals. These prayer times may vary slightly throughout the year as they are based on the rising and setting of the sun. The morning prayer, fajr, must be performed after dawn breaks, but before sunrise. The last prayer of the day, isha, is performed once twilight has disappeared or the sky has grown completely dark. There is an additional nightly prayer, taraweeh, that Muslims perform during the holy month of Ramadan after the conclusion of the aforementioned evening prayer (isha).

ITEM NO. 8.

FEDERAL LAWS PROTECT RELIGIOUS ASSEMBLIES AND INSTITUTIONS The Religious Land Use and Institutionalized Persons Act (“RLUIPA”) protects people of all faiths and their institutions from unduly burdensome or discriminatory land use regulations.

RLUIPA prohibits governments from unreasonably limiting religious assemblies, institutions, or structures within their jurisdiction.1 RLUIPA also prohibits governments from implementing land use regulations that impose a “substantial burden” on religious exercise, unless justified by a “compelling governmental interest” using the least restrictive means possible.2 A substantial burden exists where “the governmental authority puts substantial pressure on an adherent to modify his behavior and to violate his beliefs”3; or where government imposes a significantly great restriction on religious use of a property.4
“Religious exercise” under RLUIPA includes any exercise of religion, “whether or not compelled by, or central to, a system of religious belief.”5 The use of real property for purposes of religious exercise is itself considered to be a religious exercise.6 The modifications WVMA has requested to their existing CUP align with the Town’s stated desires to “invigorate Los Gatos as a special place for community gathering.”7 Accommodating these modifications would send a strong message that the Los Gatos is indeed committed to valuing its goals of promoting diversity and equity.8
CAIR-SFBA urges the Planning Commission to take care not to violate the law by placing excessive or unreasonable burdens on the constitutionally protected right of Muslims to exercise their faith in Los Gatos.

We appreciate your attention to this issue, your support of West Valley Muslim Association’s request to modify its Conditional Use Permit for the Los Gatos Islamic Center, and your continued engagement with your local Muslim community.

Sincerely,
/s/ Jeffrey Wang
Jeffrey Wang, Esq.

Civil Rights Managing Attorney
cc: WVMA
1 RLUIPA, 42 U.S.C. § 2000cc(b)(3)(B).
2 RLUIPA, 42 U.S.C. § 20000cc(a).
3 Int’l Church of Foursquare Gospel v. City of San Leandro, 673 F.3d 1059, 1067 (9th Cir. 2011) (internal quotations omitted).
4 See, e.g., Guru Nank Sikh Soc’y v. Cty. Of Sutter, 456 F.3d 978, 988 (9th Cir. 2006). 5 42 U.S.C. § 2000cc-5(7)(A).
6 See 42 U.S.C. § 2000cc-5(7)(B).
7 Town of Los Gatos 2040 General Plan 1-5 (2022),
https://www.losgatosca.gov/DocumentCenter/View/31990/ LGGP 2040 Full-Book. 8 See, e.g., id. at 1-6 and 2-1.

ITEM NO. 8.

ITEM NO. 8.

From: Kelly Heil
Sent: Thursday, March 19, 2026 10:14 PM
To: Jocelyn Shoopman <[email protected]>; Alexa Nolder <[email protected]>; Planning <[email protected]>
Subject: Conditional Use Permit (U-24-010)
[EXTERNAL SENDER]
Jocelyn, Alexa, and Planners,
Thank you in advance for reviewing my letter re: Conditional Use Permit (U-24-010), attached.

Thank you for your time,
Kelly Heil

ITEM NO. 8.

Kelly Heil
March 19, 2026
Jocelyn Shoopman
Alexa Nolder
Planning Commission
Town of Los Gatos
110 E. Main Street
Los Gatos, CA 95030
Re: Modification of Conditional Use Permit U-24-010
West Valley Muslim Association / Los Gatos Islamic Center 16769 Farley Road, APN 424-21-062
Expanded Hours of Operation in Residential Neighborhood Dear Jocelyn, Alexa, and Members of the Planning Commission:

I am a lifelong resident of Los Gatos writing regarding the West Valley Muslim Association's (WVMA) request to modify their existing Conditional Use Permit (U-24-010) to allow limited expanded hours of operation, particularly during Ramadan, for religious observances such as pre-dawn Fajr prayers and evening Taraweeh prayers/iftars.

ITEM NO. 8.

I would be inclined to support the approval, provided the applicant meets standard CUP expectations for any institutional use in a residential zone—specifically addressing parking enforcement, and noise through clear, verifiable, and enforceable conditions.

1. Parking Requirements and Enforcement
The facility has 180 onsite parking spaces, which is obviously insufficient for peak attendance.
● The applicant shall fully accommodate additional parking needs onsite, or through a definitive, enforceable off-site parking plan. ● No street parking shall be permitted in the surrounding residential neighborhood at any time by the applicant.
● The Town shall install and maintain appropriate permanent "No Parking" signs on affected streets.
● The Police Department shall enforce these restrictions through regular patrols, similar to other residential parking rules or CUP conditions.

These measures ensure compliance mirrors what is required of any other applicant generating traffic in similar zones.

2. Noise Compliance and Monitoring
Expanded hours must adhere strictly to the Town's noise ordinance (Chapter 16), including the 10:00 p.m. curfew for disturbing noises and property-line dBA limits in residential areas. No exemptions should apply—the applicant is subject to the same standards and enforcement as any other entity.

To verify compliance proactively: Sound Level Monitoring and Reporting Requirement
To verify ongoing compliance with Chapter 16 (Noise Ordinance) of the Los Gatos

ITEM NO. 8.

Municipal Code—including the 10:00 p.m. curfew for disturbing noises (§ 16.20.010), exterior property-line noise limits (§ 16.20.015), and prohibitions on excessive or unreasonable sounds—the applicant shall implement a sound level monitoring program during periods of extended or high-attendance operations (e.g., Ramadan nights or any events extending beyond 10:00 p.m.).
● Monitoring shall use a calibrated Class 2 or higher sound level meter (meeting IEC 61672-1 or ANSI S1.4 standards, with A-weighting and slow response time). ● Spot measurements at representative property line locations closest to residences, during peak departure/activity times after 10:00 p.m. ● Submit a Noise Monitoring Report quarterly (within 30 days after quarter-end) with data tables, compliance summary, any exceedance
explanations/corrections, and certification under penalty of perjury. ● Failure to monitor/report/address issues shall constitute a CUP violation.

These measures ensure compliance mirrors what is required of any other applicant generating sound or noise in similar zones.

Promotion of Fairness: By adopting the measures any applicant would have to abide by, the applicant is able to serve its congregation during key religious times, and the legitimate concerns of neighbors who have been impacted by the applicant's use, would certainly be calmed. Seems fair to me.

Thank you for your thorough review. I look forward to a balanced outcome at the March 25, 2026, hearing.

Sincerely,
Kelly Heil

ITEM NO. 8.

From: David kau
Sent: Thursday, March 19, 2026 11:16 PM
To: Jocelyn Shoopman <[email protected]>; Alexa Nolder <[email protected]>; Planning <[email protected]>
Subject: Supplemental Public Comment: Admission of Capacity Limits at 16769 Farley Rd (U-24- 010)
[EXTERNAL SENDER]
Dear Planning Commission,
As a resident who shares a direct property line and fence with 16769 Farley Rd, I am submitting additional evidence that this location is objectively unsuitable for the intensity of use the applicant is requesting in the pending CUP modification (U-24-010).

Direct Impact on Neighborhood Safety and Quality of Life I have three young children, all under the age of seven. Like many families in this neighborhood, our kids love riding their bikes on our street and playing with their friends. We also rely on a quiet, peaceful environment in the evenings so they can go to sleep early. Currently, our road is frequently choked with overcapacity parked cars, creating unsafe blind spots and hazards for children at play. Furthermore, the nighttime noise directly disrupts our family’s rest. We need our street cleared of this overflow parking and the nighttime noise mitigated, not permanently increased.

Implicit Acknowledgment of Capacity Limits For the upcoming Eid al-Fitr 2026 celebration, the applicant has moved its primary high-capacity events to West Valley College and the Saratoga Musalla. This decision is a direct, implicit acknowledgment that the R-1 residential infrastructure on Farley Road cannot safely or legally support their full congregation for regional-scale events.

Ready Alternatives Exist Under RLUIPA standards, the Town is not "substantially burdening" religious exercise by denying an expansion if the applicant has ready alternatives. The successful relocation of Eid activities proves that the applicant has access to appropriate, higher-capacity venues in the immediate area. Therefore, any claim that they must expand their operations in a quiet residential pocket to fulfill their mission is legally and logically flawed.

Conclusion If the applicant cannot host their own most significant event at this site due to infrastructure limitations, the Town should not grant a permanent permit modification that allows "regional-scale" surges on a daily basis. I urge the Commission to prioritize the safety of our children and the quiet of our neighborhood by denying the modification and maintaining the 2020 CUP protections.

Sincerely,
David Kau

ITEM NO. 8.

From: Hongzhi Zhao
Sent: Friday, March 20, 2026 8:37 AM
To: Planning <[email protected]>
Cc: Jocelyn Shoopman <[email protected]>
Subject: CUP Modification U-24-010 (16769 Farley Road), FORMAL NOTICE OF TOTAL LIABILITY [EXTERNAL SENDER]
Dear Los Gatos Planning Commission:

I am writing to oppose the requested modification to the Condition Use Permit(U-24-010) for the West Valley Muslim Association to expand the operation hours between 10:00pm to 7am. This is due to concerns of both WVMA attendees' vehicle noise and road safety on Farley Road.

The proposal for 1,217 Occupants on a street with 3 Streetlights and 0 Sidewalks is a documented 100% Public Safety Hazard.

By seeking to intensify operations under these primitive conditions, the Applicant is creating a "known dangerous condition."
Our Demand for Full Financial Responsibility:

We formally demand that as a mandatory Condition of Approval, the Applicant must sign a binding Indemnification Agreement that holds them
100% Responsible for All Liabilities arising from their expanded operations, including:

Pedestrian-Vehicle Collisions: Total liability for any injury or death occurring during the proposed 4:00 AM/Late-Night hours on Farley Road and its feeder streets.

Emergency Access Obstruction: Responsibility for any loss of life or property damage resulting from Santa Clara County Fire being unable to navigate the 304-space parking deficit created by 1,217 occupants.

Property Devaluation: Compensation for neighboring residents if the traffic surge degrades the safety and quiet enjoyment of our homes.

Notice to the Town Attorney:

The Town of Los Gatos is now officially "on notice" of these hazards. Under California Government Code Section 835, a public entity is liable for injury caused by a dangerous condition of its property.

Approving this CUP without these infrastructure requirements is an act of gross negligence and an invitation to litigation.

NO INFRASTRUCTURE = NO APPROVAL. ACCEPT THE LIABILITY OR DENY THE PERMIT.

Sincerely,
Hongzhi zhao

ITEM NO. 8.

From: Hongzhi Zhao
Sent: Friday, March 20, 2026 9:11 AM
To: Planning <[email protected]>
Cc: Jocelyn Shoopman <[email protected]>
Subject: Conditional Use Permit Application U-24-010, 16769 Farley Road [EXTERNAL SENDER]
Dear Los Gatos Planning Commission:

Our house experiences significant impacts of the vehicle's noise of WVMA attendees between 10:00pm to 6:00am. Our residential quality between 10:00pm to 6:00am has been degraded from the quality protected by Los Gatos noise ordinances Sec16.20.010 -Curfew noise disturbance.

I here resend the data of The WVMA's vehicles noise impact on our house for your reference. See the Attached file.

Regards,
Hongzhi

ITEM NO. 8.

WVMA Traffic & Traffic Noise
Between 10:00pm to 6:00am
Hongzhi Zhao
6/2/2025

ITEM NO. 8.

ITEM NO. 8.

Morning Prayer Services During Summer,
(4:40am – 6:00am)
• Saturday: About 40 vehicles attend the services. The total in-and out vehicles is about 50 passing by my house.
• Sunday-Friday: About 13 vehicles attend the services. The total in-and-out vehicles is about 20 passing by my house.

ITEM NO. 8.

Morning Service during Summer, Traffic Noise, 4:40am-6:00am, Saturday:

Noise was measured at the front door of house at Farley Road using a calibrated Sound Level Meter(SLM). Black curve is the noise level recorded By SLM. Red * indicated noise level higher than 49dBa during weekends Traffic Bar: Yellow and Blue Color: vehicle recorded, Black Color: no vehicle recorded.

ITEM NO. 8.

Morning Service during Summer, Traffic Noise, 4:40am-6:00am, Sunday:

Noise was measured at the front door of house at Farley Road using a calibrated Sound Level Meter(SLM). Black curve is the noise level recorded By SLM. Red * indicated noise level higher than 49dBa during weekends Traffic Bar: Yellow and Blue color: vehicle recorded, Black Color: no vehicle recorded.

ITEM NO. 8.

WVMA Ramadan, Prayer Services,
(After Daylight Saving Time Starts,
3/9/2025-3/28/2025)

ITEM NO. 8.

ITEM NO. 8.

Evening Services, Traffic, 8:30pm-10:00pm:

There were bumper-to-bumper congestion on Farley Road between 8:40pm to 9:05pm.

ITEM NO. 8.

ITEM NO. 8.

Evening Services, Traffic, 10:00pm-11:00pm:

Around 10:30pm to 11:00pm, there were about 120-170 vehicles leaving WVMA through Farley Road toward Los Gatos Blvd.

There were about same number of vehicles leaving WVMA through Farley Road toward Izorah Way/Flintridge Dr. 0 20
40 60
80 100
120
140
160
180
200
WVMA Traffic (Number of Vehicles), 10:00pm -11:00pm

ITEM NO. 8.

Evening Service, Traffic Noise, Weekends, 10:00pm-11:00pm Noise was measured at front door of house at Farley Road using a calibrated Sound Level Meter(SLM). Black curve is the noise level recorded By SLM. Red * indicated noise level violates the violation limit (49dBa) The LG Noise Ordinance limits noise is 43dBA after 10:00 PM on weekends/holidays, with a violation threshold set at 49dBA (a 6dB higher).

However, WVMA traffic noise exceeds this limit by a significant margin, causing serious disruption to residents' sleep. The noise includes sounds from vehicle traffic, cars driving over manhole covers, car remote key beeps, slamming doors, engine starts, and engines idling while drivers wait for passengers.

ITEM NO. 8.

Evening Service, Traffic Noise, Weekdays, 10:00pm-11:00pm Noise was measured at front door of house at Farley Road using a calibrated Sound Level Meter(SLM). Black curve is the noise level recorded By SLM. Red * indicated noise level violates the violation limit (54dBa) The LG Noise Ordinance limits noise is 48dBA after 10:00 PM on weekdays, with a violation threshold set at 54dBA (a 6dB higher). However, WVMA traffic noise exceeds this limit by a significant margin, causing serious disruption to residents' sleep. The noise includes sounds from vehicle traffic, cars driving over manhole covers, car remote key beeps, slamming doors, engine starts, and engines idling while drivers wait for passengers.

ITEM NO. 8.

Morning Service, Traffic, 6:00am-7:00am
There were about 60 in-and-out WVMA’s vehicles between 6:00am – 7:00am 0 10
20 30
40 50
60 70
80 WVMA Traffic (Number of Vehicles), 6:00am-7:00am

ITEM NO. 8.

Morning Service, Traffic Noise, 6:00am – 7:00am
Noise was measured at front door of house at Farley Road using a calibrated Sound Level Meter(SLM). Black curve is the noise level recorded By SLM. Red * indicated noise level higher than 54dBa.

ITEM NO. 8.

Reference: Vehicle Noise Level versus Speed:

Reference link: https://nonoise.org/resource/trans/highway/spnoise.htm

ITEM NO. 8.

From: Alice Lopes
Sent: Friday, March 20, 2026 10:23 AM
To: Jocelyn Shoopman <[email protected]>; Alexa Nolder <[email protected]>; Planning <[email protected]>
Subject: Opposition to CUP Modification Farley Road
[EXTERNAL SENDER]
Subject: Formal Opposition to CUP Modification for 16769 Farley Road (WVMA) and Request for Use Intensity Audit
To the Members of the Planning Commission,
This letter serves as a formal objection to the proposed modification of the Conditional Use Permit (CUP) for 16769 Farley Road. We request that the Commission not only deny the extension of operating hours but also initiate a formal review of the existing permit due to a documented "Material Change in Use" that is fundamentally incompatible with the R-1 Residential Zone.

1. Failure to Conform to R-1 Zoning (Section 16.20.010) The R-1 designation is intended to protect residential tranquility. The current "stadium-scale" impact— characterized by concentrated surges of hundreds of vehicles—violates the spirit and letter of Town Code 16.20.010. The noise, light pollution, and traffic congestion occurring 52 weeks a year, peaking during the 30 nights of Ramadan, constitute a public nuisance that exceeds the environmental capacity of a narrow residential street.

2. Distinction from Precedent Use
The "grandfathered" intensity established by the previous occupant (Jehovah’s Witnesses) was based on a low-frequency, low-impact model. The current use represents a significant escalation in frequency, peaking, and duration. A CUP is a contract with the neighborhood; when the intensity of use scales beyond the infrastructure’s ability to safely support it, the permit must be restricted, not expanded.

3. Safety and Emergency Access Concerns
Farley Road was not engineered for regional-scale assembly. The nightly "torrent of traffic" creates significant safety hazards for local pedestrians and threatens to impede emergency vehicle access during peak arrival and departure windows. We have documented instances where the sheer volume of vehicles renders the street impassable for residents.

4. Request for Action
We respectfully urge the Commission to:
• Deny the request to extend operating hours to 11:00 p.m., as the current 10:00 p.m. limit is already a significant burden.
• Commission an independent Traffic and Safety Audit that measures actual peak-hour volumes rather than theoretical averages.
• Enforce existing CUP conditions strictly, with clear penalties for noise and traffic violations.

The neighborhood’s quiet enjoyment is not a secondary concern; it is the primary purpose of R-1 zoning.

We ask the Town to prioritize the safety and stability of its residents over the unsustainable expansion of a high-intensity use in a low-density area.

Sincerely,
Alice Lopes

ITEM NO. 8.

From: Evann P.S. Addeo
Sent: Friday, March 20, 2026 10:46 AM
To: Planning <[email protected]>
Cc: Jocelyn Shoopman <[email protected]>; Alexa Nolder <[email protected]>; Sblend Sblendorio
; Ellie Hale
Subject: Public Comment Item # TBD; re 16769 Farley Road [EXTERNAL SENDER]
Dear Ms. Kendra Burch and Planning Commission Members:

Please find the attached letter from Sblend Sblendorio of Hoge Fenton.

Let me know if you have any questions.

Thank you,
Evann Addeo
Evann P.S. Addeo
Litigation Legal Administrative Assistant
D:

O:
+1.408.287.9501
|
55 South Market Street, Suite 900
San José, CA 95113 United States
to send us files securely
to receive valuable legal information
A member of Mackrell International, a Global Network of Independent Law Firms

ITEM NO. 8.

Sblend A. Sblendorio
4912-6477-5063v4
Tri-Valley Office | 6801 Koll Center Parkway, Suite 210, Pleasanton, California 94566-7047 phone 925.224.7780 fax 925.224.7782 www.hogefenton.com
March 20, 2026
Ms. Kendra Burch, Chair
Los Gatos Planning Commission
[email protected]
Re: Our Clients’ Public Comment for the Hearing Considering 16769 Farley Road Conditional Use Permit Application U-24-010
Our File No.: 210148
Dear Ms. Kendra Burch and Planning Commission Members:

This law firm represents James and Kimberly Ratcliff, who own and reside in a single family residence immediately adjacent to 16769 Farley Road, Los Gatos (the “Subject Property.”) We previously wrote letters to the Los Gatos Planning Department on November 2, 2025, and March 9, 2026, regarding our clients’ opposition to the above referenced conditional use permit application. Those letters are attached hereto as Attachment A (the November 4, 2025, letter) and Attachment B (the March 9, 2026, letter) and are incorporated herein by reference.

The Ratcliffs live next door to West Valley Muslim Association (“WVMA”) on Farley Road, a small street with no sidewalks, no lighting, no roadway striping. The Ratcliffs and WVMA coexisted peacefully for many years until 2024, when WVMA ceased compliance with its conditional use permit (“CUP”) and the ordinances of the Town of Los Gatos (“Town”).

In 2020, WVMA obtained a CUP modification allowing late night use until 10:00 p.m., or 11: 00 p.m. during Ramadan. (Town of Los Gatos Conditional Use Permit U-24-010.) This CUP modification was granted by the Planning Commission in reliance on a statement by WVMA, included in the 2020 Staff Report, that the facility was to be used by 10 to 25 members for late night prayers during Ramadan, with no increase to traffic or required parking. (Attachment C, Town of Los Gatos Planning Commission Report, Meeting Date 3/11/2020, Item No. 2, at page 3.)
Despite these assurances, since 2024 WVMA has hosted nearly 1,000 attendees at its peak times, and, in its routine daily operations, regularly hosts several hundred attendees with programming ending after its already-extended curfew. Its attendees quickly fill its 180- space parking lot, forcing hundreds of cars to park in the neighborhood’s streets. This causes roadway congestion to the point emergency vehicles cannot get through; blocking residents’ access to their own driveways; increasing noise, light, and emissions pollution; and reducing pedestrian access on this sidewalk-less street making it unsafe for residents, especially children and seniors, to take walks in their own neighborhood.

ITEM NO. 8.

March 20, 2026

4912-6477-5063v4
In July 2024, a violation notice was issued to WVMA regarding the violation of its CUP and the Town Code, included hereto as Attachment D. Instead of changing its operations to comply with the Town Code and it’s CUP, WVMA continue to provide services beyond its capacity to the detriment of the neighborhood, and filed its current application to again modify its CUP seeking approval to operate up to 20-hours per day, with hundreds cars street-parking on residential roads.

Our clients oppose the proposed modification of WVMA’s existing conditional use permit to allow late night and early morning assembly usage within the R-1 Residential Zone for the following reasons:

1. Applicant West Valley Muslim Association has previously and repeatedly violated the terms of its existing Conditional Use Permit U-24-010. Accordingly, rather than expanding the scope of conditionally permitted uses upon the Subject Property, the Town of Los Gatos should suspend or otherwise enforce the existing CUP.

2. The Religious Land Use and Institutionalized Persons Act (“RLUIPA”) does not apply to this Project, because WVMA has not demonstrated that any other owner or user of real property within an R-1 District in the Town has been granted lawful permission to conduct assembly and/or worship services during the early morning hours prior to 8:00 am or during the late night hours after 10:00 pm, and denial of WVMA’s application (i.e., which would simply maintain the status quo ante) would not substantially burden religious practices.

3. The CUP modification application is neither statutorily nor categorically exempt from environmental review and instead requires full environmental review. The proposal to modify the CUP would allow expanded after hours assembly use in an R-1 Residential District in the Town is a “project” as defined in the California Environmental Quality Act (“CEQA”), which would materially increase the intensity of use on the Subject Property and cause significant environmental impact. As such, the CEQA process must be followed.

Please refer to Attachment A for an in-depth analysis of the above stated reasons for our client’s opposition.

Our clients are not opposing WVMA’s use of the 2020 CUP. The Ratcliffs acknowledge WVMA’s existing rights under the CUP, while urging the Town to enforce the existing limitations within the CUP and the Town Code.

A. The Town may enforce WVMA’s existing CUP and deny its modification request without infringing WVMA’s rights.

1. The Town may enforce its reasonable, neutral ordinances on all properties, whether operated for religious or non-religious purposes, within the Town WVMA has expanded its use both in hours of operation and in the number of attendees it hosts impermissibly. To the extent WVMA invokes RLUIPA as a rationale for allowing its expanded use with impunity, note that RLUIPA does not create a right to special treatment. (See New Harvest Christian Fellowship v. City of Salinas, (9th Cir. 2022) 29 F.4th 596, 604

ITEM NO. 8.

March 20, 2026

4912-6477-5063v4
(factoring only whether the City’s zoning provision impermissibly treated religious organizations on less than equal terms with a nonreligious assembly or institution.) The Town may permissibly enforce its existing reasonable limitations on noise and operating hours where no other religious or non-religious entity is allowed to operate past 11:00 p.m. or before 8:00 a.m. in an R-1 neighborhood.

2. WVMA’s practice of religion is not substantially burdened by reasonably operating hours and occupancy limits
To the extent WVMA contends that limiting its hours of operation and attendee capacity in conformance with its existing CUP and the Town Code burdens its religious practice, RLUIPA precludes only a substantial burden. “[A] substantial burden must place more than inconvenience on religious exercise.” (New Harvest Christian Fellowship v. City of Salinas (9th Cir. 2022) 29 F.4th 596, 602).

WVMA is not prohibited from conducting its services in the building, and the Town’s limits to hours and occupancy are merely inconveniences to WVMA. (New Harvest Christian Fellowship v. City of Salinas (9th Cir. 2022) 29 F.4th 596, 602 (finding no substantial burden when compliance with zoning rules would necessarily reduce attendee capacity, nor when live music services were limited to a space within the building with poor acoustics, noting the church purchased the space with full knowledge of its restrictive zoning).) In fact, WVMA operated for several years in compliance with the Town Code and its CUP. Therefore, the Town does not place an impermissible burden on WVMA by enforcing its Code and the existing CUP. Further, the Town does not place a substantial burden on WVMA by denying the CUP modification application. WVMA has no right to a CUP modification. (see Sounhein v. City of San Dimas (1996) 47 Cal.App.4th 1181, 1187 (explaining a CUP is not granted as a matter of right).

In contrast, the residents of the neighborhood do have an ancient right to quiet enjoyment of their property (Greater Westchester Homeowners Assn. v. City of Los Angeles (1979) 26 Cal.3d 86, 91) as well as the safe, navigable roadways the Town Code aims to ensure, discussed below.

3. No conditional use permit for the Subject Property contemplates the current level of use and no special consideration must be given to the current occupants
To the extent WVMA argues that the fire-code permits occupancy of up to 600-800 people based on the buildings size and other characteristics, neither the current nor proceeding CUPs for the land establish a use consistent with hosting that volume of attendees simultaneously, let alone on a daily basis from before sunrise and well into the night.

A CUP was issued in 1990 to allow the construction of a library and a hallway within the facility. Such library use did not contemplate an increase to the number of individuals hosted at the site at any given time commensurate with any increased square footage. (Attachment C.) If increased occupancy was intended to be approved in 1990, such occupancy and considerations for additional parking would have been stated. Because the

ITEM NO. 8.

March 20, 2026

4912-6477-5063v4
CUP is silent as to occupancy and no increase to parking was required, it follows that the library was intended to be an expansion of services to the existing congregation, not to support an expansion. Fire code limits should not and do not establish reasonable occupancy limits for zoning purposes.

Conditions of approval for CUPs “must relate to the property and not to the particular applicant.” (Sounhein v. City of San Dimas (1996) 47 Cal.App.4th 1181, 1187.) As such, there is no need for the conditions set on the land in 1990 or in 2020 when the CUP was modified to be further modified for the convenience of the applicant.

Several other Bay Area cities have contended with these very issues and maintain CUPs restricting use of religious facilities in residential zones to reasonable hours of the day, with limited numbers of attendees. For instance, the City of Campbell has placed restrictions on a property at 400 Budd Avenue currently used as a mosque, limiting congregation use to Wednesdays from 7:30 pm. to 8:30 p.m., and Sundays from 10:30 a.m. to 11:30 p.m. In South San Francisco, a property used as a mosque at 373 Alta Vista Dr, is limited to operating until 10:00 p.m. daily, and must apply for expanded use during Ramadan annually. And in Berkeley, a property at 2716 Derby St. now used as a mosque, restricts use from 10:00 a.m. to 6:00 p.m., and further caps the number of attendees on Friday nights to 100 people.

There is no requirement that municipalities continually modify use permits such that they are tailored to the preferences of each landowner or possessor, rather municipalities are free to maintain the reasonable restrictions placed at inception of the existing conditional uses.

B. WVMA’s current, impermissible operations violate the existing CUP and Town Code, while causing significant noise and safety issues in the residential neighborhood

1. Our clients have long endured unreasonable noise disturbances preventing them from enjoying their homes.

WVMA’s existing CUP specifies operating hours until 10:00 p.m., or 11:00 p.m. during Ramadan. However, WVMA routinely operates its services past 10:00 p.m. during times other than Ramadan. Even after the July 2024 notice of violation, WVMA failed to conform its use to the CUP and Town Code and instead continues to operate from pre-dawn to past 11:00 p.m. regularly. The late-night noise has been particularly disruptive to our client’s sleep schedules, which interferes with our client Jim Ratcliff’s ability to serve the community in his role as a surgeon and made our client Kim’s recent battle with cancer a more difficult fight than it would have been otherwise. Additionally, because WVMA does not provide notice of its events to its neighbors, our Clients have experienced disruptions to the private events they host in their home. They live with uncertainty when inviting guests as to whether they will be forced indoors or to contend with the noise from the large-scale public events next-door, or if they will actually be able to host in peace.

According to the 2025 WVMA Los Gatos & Saratoga prayer schedule (“Prayer Schedule”) linked in Applicant’s Revised Justification Letter, in 2025, there were 70 dates outside of Ramadan where prayers were scheduled to begin at or after 10:00 p.m., and another 21 dates where prayers were scheduled within 20 mins of 10:00 p.m. WVMA also has

ITEM NO. 8.

March 20, 2026

4912-6477-5063v4
recurring programming scheduled every weeknight until 10:00 p.m. on an ongoing, indefinite basis.

Morning operating hours are not contemplated in the existing CUP, therefore the Town Code’s 8:00 a.m. curfew controls. (Town Code, Section 16.20.010.) WVMA flagrantly violates the Town Code operating with daily early morning services, including 104 dates in 2025 where prayers were scheduled to start before 5:00 a.m., and 255 dates where prayers were scheduled to start before 6:00 a.m. (Prayer Schedule.) These early morning and late night operations create unreasonable noise disturbances from the streams of traffic and pedestrians moving through the neighborhood, loud talking, slamming car doors and trunks, folding strollers, and engaging car locks causing their car alarms to chirp or even go off. When the operations are bookended this way, and as WVMA proposes continue in its modification application, that leaves only four to five hours of peace per day.

Our clients and their neighbors have for too long endured instances of amplified services emanating from the facility’s open windows and doors, screaming and other ruckus from unsupervised teenagers and children, drumming and music as early as 6:00 a.m., as well as the streams of car and pedestrian traffic multiple times per day every day. WVMA routinely schedules outdoor events with no notice to neighbors and preventing our clients’ quiet enjoyment of their home and yards.

WVMA purchased this property knowing it was a small facility, on a small road, in a quiet residential community, and it operated quietly until 2024. Our clients seek the Town’s assistance in returning the character of the residential community by enforcing the existing CUP and by denying the CUP modification.

2. WVMA’s reliance on street-parking is an unsafe and untenable solution which violates the Town Code.

In its justification letter, WVMA describes in detail why it will not consider any parking solution other than allowing the hundreds of cars belonging to its attendees and members to descend upon the neighborhood parking in front of homes and driveways across several blocks. Town Code prohibits expansion of use without increasing the number of off-street parking spaces commensurate with the increased use. (Sec. 29.10.145.) As a result, WVMA’s current unpermitted expansion of use is in violation of Town Code, and approval of its modification application would ensure continuing violations.

The Town’s limits on street parking are necessary to prevent obstructions to roadways and unsafe and unnecessary interactions between cars and pedestrians. WVMA’s current reliance on street parking creates roadway obstructions as well as unsafe pedestrian conditions.

In at least one instance, Los Gatos Police vehicles were unable to get through Farley Road because both sides of the street were fully parked and the travel lanes were at a standstill. The same could be true in the future for fire and emergency medical services, placing life and property at risk.

ITEM NO. 8.

March 20, 2026

4912-6477-5063v4
Further, WVMA has at times allowed vehicles connected to its operations to double park on the road in front of its facility. Because Farley Road is so narrow, double parking vehicles on the roadway, or even single parking vehicles encroaching on the roadway impermissibly compromises the free passage of Farley Road.

Additionally, the increased volume of street parked cars makes the road impossible to navigate safely by pedestrians at times. When the neighborhood is inundated by parked cars, residents are precluded from walking on the “shoulders” of the road and instead must share the middle of the road with vehicular traffic. These packed-in, street-parked cars create a lack of visibility for pedestrians and drivers to see each other thereby making it unsafe for pedestrians to cross the road. These conditions have led to neighborhood residents, including children and senior citizens, getting “stuck” away from their homes on walks and having to wait for the rush of cars from WVMA attendees in order to traverse the road to return home.

Approval of WVMA’s CUP modification would undermine the purpose of Town Code’s prohibition on street parking by increasing the interaction between cars and pedestrians and decreasing safety and order in this residential neighborhood.

We urge the Town to enforce the current CUP and Town Code, which would allow no more attendees than there are parking spaces for, and no more than 25 attendees during the late-night Ramadan hours.

C. Should the Town grant any modifications to WVMA’s CUP, it should do so with thoughtful and necessary conditions to preserve and ensure safe and quiet conditions for all residents.

Should the Town grant any modifications to WVMA’s CUP, our clients urge the Town to adopt significant control measures, as the Town did for Hillbrook School, including, but not limited to: restriction of activities to certain hours of the day; capping the maximum number of attendees; establish a maximum for daily car trips with means for calculating car trips, a review process, and imposition of penalties for exceeding the maximum; prohibit opening windows and doors during certain activities; and require advance notice to neighbors for special events. Additionally, our clients urge the Town to require conditions for establishing sufficient off-site parking; to prohibit on-street drop-off or pick-up for attendees; measures to control vehicle noise from the parking lot; and, critically, to establish measures that will guarantee emergency access to, and through, all parts of Farley Road at all times.

On behalf of our clients, we respectfully request that the Town deny the WVMA’s application for modification of its conditional use permit on the basis of its violations of the existing permitted uses, and instead diligently enforce the terms and conditions of the existing CUP and the Town’s curfew and noise ordinances.

ITEM NO. 8.

March 20, 2026

4912-6477-5063v4
Sincerely,
HOGE, FENTON, JONES & APPEL, INC.

Sblend Sblendorio
Attorney
SAS
Enclosures: Attachment A, Attachment B, Attachment C, Attachment D cc:

Jocelyn Shoopman, [email protected]
Alexa Nolder, [email protected]
Jim Ratcliff,
Kim Ratcliff,

ITEM NO. 8.

ATTACHMENT A

ITEM NO. 8.

Sblend A. Sblendorio

4905-0429-9895v1
Tri-Valley Office | 6801 Koll Center Parkway, Suite 210, Pleasanton, California 94566-7047 phone 925.224.7780 fax 925.224.7782 www.hogefenton.com
November 4, 2025
Jocelyn Shoopman, Senior Planner
Joel Paulson, Community Development Director
Town of Los Gatos
110 East Main Street
Los Gatos, CA 95030
Re: Our Clients: James and Kimberly Ratcliff
Opposition to Application for Modification to Conditional Use Permit U-24-010 Subject Property: 16769 Farley Road, Los Gatos, California Applicant: West Valley Muslim Association
Our Matter No.: 210148
Dear Ms. Shoopman and Mr. Paulson:

This law firm represents James and Kimberly Ratcliff, who own and reside in a single family residence immediately adjacent to 16769 Farley Road, Los Gatos (the “Subject Property.”) Our clients oppose the proposed modification of an existing conditional use permit to allow late night and early morning assembly usage within an R-1 Residential Zone upon the Subject Property for the following reasons:

1. Applicant West Valley Muslim Association (“WVMA”) has previously and repeatedly violated the terms of its existing Conditional Use Permit U-24-010 (the “CUP”.) Accordingly, rather than expanding the scope of conditionally permitted uses upon the Subject Property, the Town of Los Gatos (“Town”) should suspend and/or terminate the CUP.

2. The Religious Land Use and Institutionalized Persons Act (“RLUIPA”) does not apply to this Project, because WVMA has not demonstrated that any other owner or user of real property within an R-1 District in the Town has been granted lawful permission to conduct assembly and/or worship services during the early morning hours prior to 8:00 am or during the late night hours after 10:00 pm, and denial of WVMA’s application (i.e. which would simply maintain the status quo ante) would not substantially burden religious practices.

3. The proposal to modify the CUP would allow expanded after hours assembly use in an R-1 Residential District in the Town is a “project” (as defined in the California Environmental Quality Act), which would materially increase the intensity of use on the Subject Property and cause significant environmental impact. Accordingly, the CUP modification application is neither statutorily nor categorically exempt from environmental review, and requires full environmental review.

ITEM NO. 8.

Jocelyn Shoopman, Senior Planner
Joel Paulson, Community Development Director
November 4, 2025

4905-0429-9895v1

1. WVMA’s Current Operations on the Subject Property are in Violation of the Terms and Conditions of the CUP.

The Los Gatos Town Code of Ordinances (“Town Code”) prohibits modification of a nonconforming use without obtaining a conditional use permit, and identifies changes to intensity of use as a modification. (Town Code Sec. 29.10.215.) Specifically, the Town Code provides that an increase in parking required, commencement or intensification of activities, and an increase in the number of hours or staying open later imposing a new burden on the neighborhood constitutes a modification. (Town Code Sec. 29.10.215(1).) Moreover, the Town Code establishes that “[a]ny change that is a substantial departure from plans which were the basis of any approved; existing use,” is a modification. (Town Code Sec.

29.10.215(2).)
WVMA has violated the terms and conditions of its existing CUP by substantially departing from the conditions of approval by increasing the intensity of its parking requirements, by increasing operating hours without approval, and by intensifying its activities.

WVMA Has Substantially Departed from the Approvals of the Existing CUP WVMA’s existing CUP establishes permissible operating hours until 10:00 p.m., or 11:00 p.m. during Ramadan. This existing CUP was issued in 2020, and the staff report for the CUP notes that the anticipated use until 11:00 p.m. during Ramadan is limited to 10-25 members, with no increase to traffic impacts or required parking. However, beginning in 2024 there was a marked increase in members attending during Ramadan and Friday prayers which impacted traffic, parking, and noise in the neighborhood. During Ramadan in calendar years 2024 and 2025: (i) an estimated 1,000+ members attended nightly prayer gatherings after 10:00 p.m., far exceeding the “10-25 members” in the Town’s staff report; (ii) during nightly prayer gatherings, WVMA attendees regularly participated while standing outdoors, with the doors and windows of the building open, observing and participating in the “indoor services” from outside; and (iii) outside participation was encouraged by amplification of the services in contravention of the Town’s noise ordinance. Because WVMA has increased the quantity of members attending by orders of magnitude from the plans used as a basis for granting the existing CUP, WVMA is violating its existing CUP.

WVMA Has Violated Parking Requirements.

The Town Code prohibits expansion or modification of parking use “through an increase to the seating capacity, number of persons employed or otherwise, unless the number of additional off-street parking spaces necessitated by such … modification … are provided.” (Sec. 29.10.145.)
While WVMA enjoys the privileges of its existing use to avoid the need for conformance to the Town’s parking requirements (one space for every four seats) as noted in WVMA’s “Response to Staff Technical Review,” the privilege does not shield them from the unlawfulness of its increased use without providing alternative parking. The vast expansion in the number of worshippers attending during Ramadan, Friday prayers, and weekend events has caused WVMA’s need for parking to far exceed its 180 parking space

ITEM NO. 8.

Jocelyn Shoopman, Senior Planner
Joel Paulson, Community Development Director
November 4, 2025

4905-0429-9895v1
capacity, and its proposal to restripe its existing parking lot to add only an additional twenty to thirty more parking spaces would be woefully inadequate to ameliorate the burden on the neighborhood from its actual, unlawful, expanded use.

In connection with the foregoing, WVMA’s inadequate onsite parking has led to hundreds of cars being parked by members and attendees on the neighborhood streets, displacing residents’ use of street parking for hours at a time extending into the night, and often overlapping or blocking residential driveways. Farley Road is a narrow residential road that lacks sidewalks. So, the increased volume of street parked cars makes the road impossible to navigate safely at times. When the neighborhood is inundated by parked cars, pedestrians are precluded from walking on the “shoulders” of the road and instead must share the middle of the road with vehicular traffic.

Additionally, these packed-in, street-parked cars create a lack of “daylight” for pedestrians and drivers to see each other thereby making it unsafe for pedestrians to cross the road. These conditions have led to neighborhood residents, including senior citizens, getting “stuck” away from their homes on walks and having to wait for the rush of cars from WVMA attendees in order to traverse the road to return home.

This is exacerbated by the difficulty in enforcing speed limits, despite residents of the neighborhood reporting numerous incidents of speeding by WVMA’s attendees to Los Gatos Police Department. Significantly, there was at least one instance when Los Gatos Police vehicles were unable to get through because both sides of the street were fully parked and the travel lanes were at a standstill – the same could be true in the future for fire and emergency medical services, placing life and property at risk.

WVMA Has Increased its Operating Hours
WVMA’s existing CUP specifies operating hours until 10:00 p.m., or 11:00 p.m. during Ramadan. However, WVMA routinely operates its services past 10:00 p.m. during times other than Ramadan. On July 5, 2024, the Town notified WVMA of violations of their CUP as well as violation of Town Code. Since that time, WVMA has failed to conform its use to the CUP and Town Code, and instead continues to operate from pre-dawn to past 11:00 p.m. regularly.

According to the 2025 WVMA Los Gatos & Saratoga prayer schedule linked in Applicant’s Revised Justification Letter, in 2025, there were 70 dates outside of Ramadan where prayers were scheduled to begin ats or after 10:00 p.m., and another 21 dates where prayers were scheduled within 20 mins of 10:00 p.m. WVMA also has recurring programming scheduled every weeknight until 10:00 p.m. on an ongoing, indefinite basis.

Additionally, WVMA operates early morning services, including 104 dates where prayers were scheduled to start before 5:00 a.m., and 255 dates where prayers were scheduled to start before 6:00 a.m. Morning operating hours are not contemplated in the existing CUP, and the 4 a.m. and 5 a.m. start times create unreasonable noise disturbances, discussed further below.

ITEM NO. 8.

Jocelyn Shoopman, Senior Planner
Joel Paulson, Community Development Director
November 4, 2025

4905-0429-9895v1
Because WVMA has routinely operated beyond the operating hours listed in the existing CUP, the proposed modification must be denied and the Town should revoke the existing CUP.

The Current and Proposed Operating Hours Violate the Noise Disturbance Curfew Section 16.20.010 of the Town Code prohibits the making of noise or permitting of noise to be made, between the hours of 10:00 p.m. and 8:00 a.m., which is “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).”
WVMA’s current operations and proposed modification requests to extend operational hours in the morning to 90 minutes before sunrise, every day, and to extend to 11:00 p.m., every night, and, during Ramadan, to midnight. This proposed schedule would leave only a mere 4 or 5 hours per night during which the noise curfew would be enforced to prohibit streams of traffic, streams of pedestrians moving through the neighborhood, loud talking, slamming car doors and trunks, folding strollers, and engaging car locks causing their car alarms to chirp or even go off.

This proposed schedule is patently unreasonable in a residential district of the Town and would interfere with the sleep schedules of residents in the surrounding blocks. In particular, James and Kim Ratcliff, have lost countless hours of sleep per night, affecting James’ ability to serve the community in his role as a surgeon, and making Kim’s recent battle with cancer a more difficult fight than it would have been otherwise. Attempts to contact WVMA’s executive director or property managers during noise disturbances have been fruitless, and/or have not been responded to at all.

WVMA’s unlawful 20 hour operation schedule violates the noise curfew and is unreasonable for this residential neighborhood and should not be permitted to continue in violation of the rights of existing residents.

WVMA Unwillingness to Comply with Town Ordinances Should Preclude Expanding its Permitted Operations
In addition to the violations discussed above, the Town has issued several violation notices to WVMA, including notices for noise disturbance related to construction and for use of a gas-powered leaf blower. Significantly, in July 2024, a violation notice was issued which reminds WVMA of the conditions of its CUP, states that its operations are in violation of the CUP, and describes the impact to the neighborhood.

WVMA ignored the July 2024 notice and has shown, through its repeated violations, that it is not capable of respecting the CUP, the Town Code, or the neighborhood it is situated in. Because WVMA has shown it cannot be trusted to comply with its current obligations, the Town should not grant its requested CUP modifications. Doing so would only put the neighborhood at risk of even greater detriments from future WVMA violations. Type text here

ITEM NO. 8.

Jocelyn Shoopman, Senior Planner
Joel Paulson, Community Development Director
November 4, 2025

4905-0429-9895v1

2. The Town has not permitted any other religious or non-religious owner or user of real property surrounded by residential uses in an R-1 District within the Town of Los Gatos to conduct assembly and worship services during the pre-dawn hours or after 11:00 at night.

A. The Town’s existing CUPs expanding hours for religious users in R-1 districts are inapposite to WVMA’s requested modification.

The Town granted extended operating hours to both Calvary Church and Faith Lutheran Church, each of which is located in R1 districts. However, each of these properties and the permitted uses differs significantly from that of WVMA.

The permit granted to Calvary Church allows daily assembly from 7:00 a.m. to 10:00 p.m., and allows extended operation until 12:00 a.m. on Saturdays. (Town of Los Gatos Conditional Use Permit U-02-09.) Calvary Church sits on a 7.481 acre property, is surrounded on three sizes by commercial or office zoning, and exceeds the minimum 4:1 occupants to parking requirement with 467 spaces for 1,680 seated capacity, plus has an on-site overflow parking lot. Additionally, the ingress and egress for Calvary Church parking is primarily onto Los Gatos Blvd, which is designated as an arterial road. (Town of Los Gatos, General Plan, Section 5.6 Roadways.) For limited times and purposes, Calvary Church allows egress onto Shannon Road, a neighborhood collector road. (Town of Los Gatos, General Plan, Section 5.6 Roadways.) Notably, Calvary Church was required to eliminate vehicle access to Robie Lane, an adjacent residential street designated as a local street. (Town of Los Gatos Conditional Use Permit U-02-09; Town of Los Gatos, General Plan, Section 5.6 Roadways.)
Calvary Church’s CUP is not at all similar to the conditions of the Subject Property.

WVMA sits on 2.76 acres, has single family homes on all sides, and has a mere 180 parking spaces for its 869 person seated capacity and it insists in its justification documentation that it cannot or will not provide alternatives for its attendees, such as over flow parking or shuttles. Further, ingress and egress from its onsite parking is exclusively onto Farley Road, which is designated as a local street, which is not designed to accommodate the volume of traffic it is currently receiving.(Town of Los Gatos, General Plan, Section 5.6 Roadways.) Faith Lutheran Church is located on a lot to similarly sized to the Subject Property and is also surrounded by single family residences, the permit granted to Faith Lutheran is not for assembly and worship uses and therefore differs markedly from what WVMA is seeking. Faith Lutheran has operating hours from 5:00 pm to 10:00 p.m., Monday to Saturday; and 7:00 a.m. to 5 p.m. on Sundays. Additionally, Faith Lutheran is permitted to conduct church committee meetings between 3:00 p.m. and midnight daily, and may hold weddings and special events until 10:00 p.m. with 30 or 90 day prior approval by the planning and police departments. All uses are conditioned on complying with Town ordinances, namely the noise ordinance. (Town of Los Gatos Conditional Use Permit U-19- 003.)
WVMA seeks to operate an hour and a half before dawn, and as late as 11:00 p.m. or midnight with full prayer services for attendees up to and exceeding its facility’s seating capacity. WVMA insists its use does not violate noise ordinances in its noise study, however,

ITEM NO. 8.

Jocelyn Shoopman, Senior Planner
Joel Paulson, Community Development Director
November 4, 2025

4905-0429-9895v1
WVMA received a noise curfew violation notice from the town on or about September 23, 2025. Additionally, the actual experiences of the neighborhood residents says otherwise – since 2024, there have been instances of amplified services emanating from the facility’s open windows and doors, screaming and other ruckus from unsupervised teenagers and children, drumming and music as early as 6:00 a.m., as well as the streams of car and pedestrian traffic multiple times per day every day.

No religious or non-religious entity has received permission from the Town to conduct its full services and operations in an R1 neighborhood for 20 hours a day from predawn to midnight. No other entity has received permission from the Town to allow multiple trips from and parking by hundreds of cars on narrow, unlit residential streets day after day with no mitigations.

In fact, the Hillbrook School, which is zoned in HR1 and, like WVMA’s facility, is accessible only by a single local street, has such stringent restrictions on its traffic impact that it must monitor daily car trips and is subject to fines for exceeding stated maximums. (Town of Los Gatos Conditional Use Permit U-12-002; Town of Los Gatos, General Plan, Section 5.6 Roadways.)
Because the Town has not permitted any other entity to engage in the type of conditional use being sought by WVMA, a denial of their modification application would not give rise to a RLUIPA claim.

B. Denial of WVMA’s Application to Modify the CUP Does Not Create a Substantial Burden on the Exercise of Their Religion in Violation of RLUIPA RLUIPA is not applicable to the Town’s CUP enforcement and modification processes of the CUP.

A California appeals court found no violation of RLUIPA where the jurisdiction enforced the municipal code and ultimately denied a religious entity’s conditional use permit application. County of Los Angeles v. Sahag-Mesrob Armenian Christian School (2010) 188 Cal.App.4th 851 (“Sahag-Mesrob”.) The court noted that, “the requirement that an entity subject to [RLUIPA] apply for a conditional use permit and comply with the California Environmental Quality Act is not a substantial burden on the exercise of religion within the meaning of [RLUIPA].” County of Los Angeles v. Sahag-Mesrob Armenian Christian School (2010) 188 Cal.App.4th 851, 862. In fact, the congressional sponsors of RLUIPA stated, “[t]his Act does not provide religious institutions with immunity from land use regulation.” Id. at 861.

In addition, the (Federal) Ninth Circuit Court of Appeals found no RLUIPA violation where a religious entity was denied a special use permit for a church in an agricultural zone due to the county’s concerns about increased traffic and burden to public services. (Spirit of Aloha Temple v. County of Maui (9th Cir. 2025) 132 F.4th 1148, 1156.) The Ninth Circuit found that “the County’s reasons for denying Plaintiffs’ special-use permits have been consistent and relate to safety concerns that are not arbitrary and have not lessened the possibility that [the applicant’s] could find a suitable property elsewhere.” (Id. at 1158.) Further, the Ninth Circuit noted that the applicants “purchased land that they knew at the

ITEM NO. 8.

Jocelyn Shoopman, Senior Planner
Joel Paulson, Community Development Director
November 4, 2025

4905-0429-9895v1
time was subject to unique zoning restrictions which would limit their ability to establish a church or host large groups for religious activities.” Id.

Here, WVMA knowingly purchased property in an R1 zone (rather than in a district with more permissive laws relating to early morning and late night use) and is therefore subject to applicable zoning laws. WVMA has not shown that requiring it to comply with applicable laws of which it had full knowledge would, in any way, substantially burden the exercise of their religion. Rather, the Town has granted its existing CUP enabling the practice of their members’ religion until 10:00 p.m. nightly, or until 11:00 p.m. during Ramadan.

WVMA does not indicate that it is unable to provide services or otherwise practice their faith, it wants to expand the range of services beyond the boundaries of the Town Code in the specific area of the Town in which they elected to purchase real property, beyond what their onsite parking can accommodate, and beyond what the residential neighborhood can be expected to sustain.

Further, WVMA has stated it has permission from its religious leaders allowing them to offer a program ensuring they can exit and clear the facility based on the current CUP in effect. (WVMA, “Request for Modification of Conditional Use Permit - Letter of Justification” (April 29, 2025) at p. 13.) By its own admission, WVMA is able to operate and provide prayer services for its members and worshippers within the hours specified by the existing CUP, therefore, by its own admission, denial of WVMA’s application will not create a substantial burden.

Additionally, WVMA admits the needs of the congregation are not driving its desire to expand the operating hours. Instead, WVMA states that practical challenges, other obligations, and a general lack of time cause 75% of its attendees to leave early from nightly prayer. (WVMA, “Request for Modification of Conditional Use Permit - Letter of Justification” (April 29, 2025) at p. 13.) The impact of this piecemeal attrition from WMVA’s extensive nightly services, is a parade of noisy pedestrians and vehicle traffic disturbing residents throughout the evening.

WVMA’s challenges are of its own making – it bought this property knowing it was in a residential neighborhood, and operated on this property without issue until 2024. There appears to be no reason they cannot operate within the boundaries of the existing CUP and attempt to restore the neighborhood to its prior condition.

WVMA lists a litany of location challenges and reasons for choosing the Farley Road location, suggesting there is no suitable alternative location; however, it does not say that the Town of Los Gatos has done anything to create those challenges. Additionally, WVMA does not assert that the Town has denied or would deny future applications for arbitrary or improper purposes. In fact, the Town has largely refrained from enforcement of the terms and conditions of the CUP, while presumably, allowing WVMA to apply for a modification, despite the burden WVMA’s violations have caused the neighbors.

Although neither the Town nor the neighbors of WVMA created the challenges of finding a site allowing greater use, the residents of the neighborhood have unfairly

ITEM NO. 8.

Jocelyn Shoopman, Senior Planner
Joel Paulson, Community Development Director
November 4, 2025

4905-0429-9895v1
shouldered the burden of WVMA’s violations for far too long, despite numerous attempts to get the Town to intervene. The neighbors, including approximately 15 households spanning four surrounding streets, have submitted various complaints to the Town about WVMA’s flagrant violation of the terms of the existing CUP. The Town’s manager, the Mayor, and a Councilperson came to Farley Road and observed the parking and traffic conditions during Ramadan. And, the Town has heard a presentation from the neighbors describing the character of the violations, including, without limitation, attendees standing outside of the facility, participating by way of amplified audio and music, video of a stream of cars exiting WVMA for over an hour, declarations of cars backfiring and loud sport car engines creating a disturbance around 4:00 a.m.

The Town is well within its discretion to deny the application and to suspend and/or terminate the CUP on the basis that WVMA failed to conform to the lawful existing conditions of use, and that the expanded use places an unreasonable on the neighborhood with respect to WVMA’s reliance on street parking which impedes emergency vehicle access, and its operating hours intrude on the noise curfew, causing unreasonable harm and interference to the residential neighborhood.

Should the Town grant any modifications to WVMA’s CUP, our clients urge the Town to adopt significant control measures, as the Town did for Hillbrook School, including, but not limited to: restriction of activities to certain hours of the day; capping the maximum number of attendees; establish a maximum for daily car trips with means for calculating car trips, a review process, and imposition of penalties for exceeding the maximum; prohibit opening windows and doors during certain activities; and require advance notice to neighbors for special events. Additionally, our clients urge the Town to require conditions for establishing sufficient off-site parking; to prohibit on-street drop-off or pick-up for attendees; measures to control vehicle noise from the parking lot; and, critically, to establish measures that will guarantee emergency access to, and through, all parts of Farley Road at all times.

On behalf of our clients, we respectfully request that the Town deny the WVMA’s application for modification of its conditional use permit on the basis of its violations of the existing permitted uses, and instead diligently enforce the terms and conditions of the existing CUP and the Town’s curfew and noise ordinances.

3. A Full Environmental Report is Required Because the Proposed Modification of the Conditional Use Permit is a Project under CEQA and is Not Exempt from Environmental Review
Under the California Environmental Quality Act (Public Resources Code §21000, et seq.) and related regulations promulgated thereunder (14 California Code of Regulations §15000, et seq.) (collectively “CEQA”), a “project” is an action “which has a potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment, and that is” an “activity involving the issuance to a person of a lease, permit, license, certificate, or other entitlement for use by one or more public agencies.” (Cal. Code Regs. Tit. 14, Sec. 15378.)

ITEM NO. 8.

Jocelyn Shoopman, Senior Planner
Joel Paulson, Community Development Director
November 4, 2025

4905-0429-9895v1
WVMA seeks to modify its CUP to expand its permissible operating hours into the late night and early morning (the “Project”.) The Project will invariably result in a direct physical change to the environment, including but not limited to, changes to ambient noise, light intrusions, traffic patterns, air quality, greenhouse gas emissions, and parking, together with increased imposition on utilities and infrastructure.

In connection with the foregoing, Public Resources Code §21080 states, in pertinent part, as follows:
(a) Except as otherwise provided in this division, this division shall apply to discretionary projects proposed to be carried out or approved by public agencies, including, but not limited to, the enactment and amendment of zoning ordinances, the issuance of zoning variances, the issuance of conditional use permits, and the approval of tentative subdivision maps unless the project is exempt from this division. (Emphasis Added.)
It is our understanding that the Town intends to claim that the Project meets the requirements for a Class 1 Exemption from CEQA review as defined in 14 CCR §15301, and is therefore categorically exempt from Environmental Review under CEQA. 14 CCR §15301 provides, in pertinent part, as follows:

Class 1 consists of the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of existing or former use. . . . The key consideration is whether the project involves negligible or no expansion of use. (Emphasis Added.)
Clearly, a proposed amendment to a conditional use permit that would expand permitted uses to allow late night and early morning assemblies involving hundreds (and potentially thousands) of congregants to take place on real property situated in the middle of a single family residential neighborhood could not be construed to involve “negligible or no expansion of existing or former use” that could not possibly have an effect on the environment. Quite the contrary, such an expansion of use could, and very likely would, have profound and significant environmental impacts upon the neighborhoods surrounding the Project.

Specifically, WVMA’s current use, described above, exemplifies not only changes to noise, traffic volume, and parking, but also to traffic patterns, air pollution, and light intrusion from vehicles. Neighbors currently endure abnormally high volumes of U-turns on their streets, altering the flow of traffic, as well as vehicle traffic using private driveways to turn around. Additionally, neighbors experience cars idling in front of their houses and headlight beams shining into their windows early in the morning and late at night for extended periods of time.

ITEM NO. 8.

Jocelyn Shoopman, Senior Planner
Joel Paulson, Community Development Director
November 4, 2025

4905-0429-9895v1
Further, the Project cannot simultaneously be considered merely just a “minor alteration of an existing structure” that happens to be located in a zoning district that already permits the intended use. In the current application, the proposed use is expressly prohibited under the existing zoning and use permit, hence the need for the requested amendment.

Because WVMA’s action of requesting an expansion of the CUP to allow late night and early morning operations in an R1 zone has the very real potential to cause direct physical changes to the environment, the CUP modification application is a “project” under CEQA.

And, as discussed above, because the Project is not exempt, the Town must comply with applicable CEQA regulations and conduct an appropriate environmental study.

Very truly yours,
HOGE, FENTON, JONES & APPEL, INC.

Sblend Sblendorio
Attorney
SAS
Attachments

ITEM NO. 8.

ITEM NO. 8.

ITEM NO. 8.

ITEM NO. 8.

ITEM NO. 8.

ITEM NO. 8.

ATTACHMENT B

ITEM NO. 8.

Sblend A. Sblendorio
4928-4145-0126v2
Tri-Valley Office | 6801 Koll Center Parkway, Suite 210, Pleasanton, California 94566-7047 phone 925.224.7780 fax 925.224.7782 www.hogefenton.com
February 19, 2026
Via U.S. Mail
Jocelyn Shoopman, Senior Planner
Joel Paulson, Community Development Director
Town of Los Gatos
110 East Main Street
Los Gatos, CA 95030
Re: Our Clients: James and Kimberly Ratcliff
Follow up Letter Regarding Opposition to Application for Modification to Conditional Use Permit U-24-010
Subject Property: 16769 Farley Road, Los Gatos, California Applicant: West Valley Muslim Association
Our Matter No.: 210148
Dear Ms. Shoopman and Mr. Paulson:

This law firm represents James and Kimberly Ratcliff, who own and reside in a single family residence immediately adjacent to 16769 Farley Road, Los Gatos (the “Subject Property.”)
On November 4, 2025, we wrote to inform the Town of Los Gatos, (“the Town”) of our clients’ opposition to the proposed modification of an existing conditional use permit, U24-010 (“CUP”), to allow late night and early morning assembly usage upon the Subject Property. To date, neither we nor our clients have received a response from the Town.

We are writing today to request that the Town respond to our November 4, 2025 letter and address the very serious and substantial concerns our clients have raised.

Further, we write to request the Town immediately and continually enforce the existing terms of the CUP, as well as the Town’s noise ordinances and traffic laws at and around the Subject Property. The owners and operators of the Subject Property, West Valley Muslim Association (“WVMA”), regularly violate or allow their members to violate the CUP, Town ordinances and the law.

On January 26, 2026, our clients reported the following to Code Compliance Officer, Allen Meyer:

On Saturday night, January 24, 2026, WVMA held an event. From 10:15 to 10:40 pm, a van idled next to WVMA's auditorium door on the exit driveway

ITEM NO. 8.

Jocelyn Shoopman, Senior Planner
Joel Paulson, Community Development Director
February 19, 2026

4928-4145-0126v2
next to our home. The van's headlights shone directly into Roger and Ann Bundlie's front windows for 25 minutes. The van exited WVMA at around 10:40 pm and parked on Farley Road. Another vehicle came out of the exit immediately afterward and double parked next to the van on Farley. Both drivers got out and opened the back doors of the van and did something. (Can't tell what from video footage.) Additionally, at least 6 additional vehicles exited WVMA on Saturday night with the last vehicle leaving at 11:24 pm.

And on February 14, 2026, our clients called the non-emergency Los Gatos-Monte Serano Police Department (“LGMS PD”) line to report early morning violations. On February 16, 2026, they followed up again with Code Compliance Officer, Allen Meyer:

I'm following up on several code violations made by the West Valley Muslim Association recently. Last weekend, WVMA violated their current CUP multiple times. We called the non-emergency LGMS PD line in real time on 2/14 (as we've been advised by Mayor Moore) to report 10 cars that entered WVMA between 6:20 - 6:40 am.

The dispatcher told us she didn't believe WVMA had a current CUP since its modification is pending and that she would have to check with you. Is that accurate?
Does WVMA have a CUP they must adhere to while their CUP modification application process drags on or does an entity get to do whatever they please without repercussions? The dispatcher had no idea about WVMA's CUP operating hours and told us they weren't doing anything wrong.

That same morning at 7:40, a neighbor called the non-emergency line again to report that WVMA started construction activities in the parking lot (restriping spaces) well before the 9 am allowed Saturday construction hours (incident #260140023).

The dispatcher questioned us and again, did not seem aligned with code compliance on town rules. The disconnect between Code Compliance and LG MS PD is frustrating for us neighbors given the many meetings and previous engagement we've had with the Town on this ongoing quality of life issue.

We would like to know the status of the two incident reports on 2/14 and what, if anything, will be done to prevent WVMA's repeated non-compliance.

Also, what is the status of the incident on January 24 (incident #2601250038) as I never received a response from you after WVMA operated past 10 pm and nine cars entered the property at midnight.

ITEM NO. 8.

Jocelyn Shoopman, Senior Planner
Joel Paulson, Community Development Director
February 19, 2026

4928-4145-0126v2
These reported activities violate Town’s noise disturbance curfew (Town Code Sec.

16.20.010), the prohibition on obstructing public streets (Town Code Sec. 23.30.005), and the Town’s permissible hours for construction (Town Code Sec. 16.20.035).

The activities violate the noise curfew because the late night activities occurred outside of WVMA’s operating hours, which extend to 10:00 p.m. for the dates above. the noise was not connected to otherwise lawful conduct. Similarly, the early morning activities violate the Code because WVMA has no authorization to operate before the Town’s 8:00 a.m. curfew lifts. Therefore, the unreasonable noise disturbance to our clients enjoyment of their home constitutes a violation of the Town code. (Town Code Sec. 16.20.010.) The double parking of vehicles on Farley Road violates the Town Code’s prohibition on obstructions. These vans were operated in support of WVMA’s Saturday night event, and WVMA allowed them to remain in front of the WVMA premises in a double-parked conditions which obstructed Farley Road. As we pointed out in our November letter, Farley Road is a narrow residential street which lacks sidewalks (the Town has designated it a ”Local Street”). Even a single van parked on the street would constitute an obstruction, endangering the free passage of Farley Road. WVMA’s permitting vans to double park on Farley Road undoubtedly constitutes a violation of the Town Code. (Town Code Sec.

23.30.005(b).)
WVMA’s construction activity in its parking lot reported in real time at 7:40 a.m. on Saturday, February 14, 2026 is a clear violation of the Town’s permissible construction hours, which begin at 9:00 a.m. on Saturdays. (Town Code Sec. 16.20.035.) Our clients, specifically, request that the Town actively monitor WVMA’s evening and Friday prayer activities, and enforce: the 10:00 pm (11:00 p.m. during Ramadan) curfew of the existing CUP; the building’s occupancy limits; the maximum number of attendees (up to 25) under the existing CUP; the Town’s noise ordinance, including the 8:00 a.m. curfew; traffic and parking laws, including the non-obstruction code, to ensure that the streets and driveways in the neighborhood are accessible to emergency personnel and residents; and monitor car trips on Farley Road during and after Ramadan with traffic counters.

We note, too, that our clients are not alone in their opposition to the CUP modifications nor their insistence that the Town enforce its Code. Neighbors have also reported violations, spoken at Town meetings, and met with the Mayor sharing the same concerns. It is time the Town takes notice and meets its obligations to ensure peace and safety of the residents of our community.

Time is of the essence here, as the Ramadan has begun. Violations have historically escalated during this season causing significant disruption and injury to our clients and other residents. We urge the town to act swiftly in its code enforcement efforts, as well as to respond to our November 2025 letter.

ITEM NO. 8.

Jocelyn Shoopman, Senior Planner
Joel Paulson, Community Development Director
February 19, 2026

4928-4145-0126v2
Very truly yours,
HOGE, FENTON, JONES & APPEL, INC.

Sblend Sblendorio
Attorney
SAS
cc: James Ratcliff,
Kim Ratcliff,

ITEM NO. 8.

ATTACHMENT C

ITEM NO. 8.

IN COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT, IF YOU NEED SPECIAL ASSISTANCE TO PARTICIPATE IN THIS MEETING, PLEASE CONTACT THE CLERK DEPARTMENT AT (408) 354-6834. NOTIFICATION 48 HOURS BEFORE THE MEETING WILL ENABLE THE TOWN TO MAKE REASONABLE ARRANGEMENTS TO ENSURE ACCESSIBILITY TO THIS MEETING [28 CFR §35.102-35.104]

TOWN OF LOS GATOS

PLANNING COMMISSION AGENDA
MARCH 11, 2020
110 EAST MAIN STREET

LOS GATOS, CA
Melanie Hanssen, Chair
Kathryn Janoff, Vice Chair
Mary Badame, Commissioner
Jeffrey Barnett, Commissioner
Kendra Burch, Commissioner
Matthew Hudes, Commissioner
Reza Tavana, Commissioner

PARTICIPATION IN THE PUBLIC PROCESS
How to participate: The Town of Los Gatos strongly encourages your active participation in the public process, which is the cornerstone of democracy. If you wish to speak to an item on the agenda, please complete a “speaker’s card” and return it to the Staff Liaison. If you wish to speak to an item NOT on the agenda, you may do so during the “verbal communications” period. The time allocated to speakers may change to better facilitate the Planning Commission meeting.

Effective Proceedings: The purpose of the Planning Commission meeting is to conduct the business of the community in an effective and efficient manner. For the benefit of the community, the Town of Los Gatos asks that you follow the Town’s meeting guidelines while attending Planning Commission meetings and treat everyone with respect and dignity. This is done by following meeting guidelines set forth in State law and in the Town Code. Disruptive conduct is not tolerated, including but not limited to: addressing the Commissioners without first being recognized; interrupting speakers, Commissioners or Town staff; continuing to speak after the allotted time has expired; failing to relinquish the podium when directed to do so; and repetitiously addressing the same subject.

Deadlines for Public Comment and Presentations are as follows:
 Persons wishing to make an audio/visual presentation on any agenda item must submit the presentation electronically, either in person or via email, to the Planning Department by 1 p.m. or the Clerk’s Office no later than 3:00 p.m. on the day of the Planning Commission meeting.
 Persons wishing to submit written comments to be included in the materials provided to the Planning Commission must provide the comments to the Planning Department as follows:
o For inclusion in the regular packet: by 11:00 a.m. the Friday before the meeting o For inclusion in any Addendum: by 11:00 a.m. the Monday before the meeting o For inclusion in any Desk Item: by 11:00 a.m. on the day of the meeting Planning Commission meetings are broadcast Live on KCAT, Channel 15 (on Comcast) on the 2nd and 4th Wednesdays at 7:00 p.m.

Live and Archived Planning Commission meetings can be viewed by going to:
https://www.kcat.org/government-meetings

ITEM NO. 8.

TOWN OF LOS GATOS

PLANNING COMMISSION AGENDA
MARCH 11, 2020
7:00 PM

MEETING CALLED TO ORDER

ROLL CALL

PLEDGE OF ALLEGIANCE
VERBAL COMMUNICATIONS (Members of the public may address the Commission on any matter that is not listed on the agenda. Unless additional time is authorized by the Commission, remarks shall be limited to three minutes.)
CONSENT ITEMS (TO BE ACTED UPON BY A SINGLE MOTION) (Before the Planning Commission acts on the consent agenda, any member of the public or Commission may request that any item be removed from the consent agenda. At the Chair’s discretion, items removed from the consent calendar may be considered either before or after the Public Hearings portion of the agenda)

1. Approve February 26, 2020 Planning Commission Meeting Minutes PUBLIC HEARINGS (Applicants/Appellants and their representatives may be allotted up to a total of five minutes maximum for opening statements. Members of the public may be allotted up to three minutes to comment on any public hearing item. Applicants/Appellants and their representatives may be allotted up to a total of three minutes maximum for closing statements. Items requested/recommended for continuance are subject to the Commission’s consent at the meeting.)

2. 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.

REPORT FROM THE DIRECTOR OF COMMUNITY DEVELOPMENT

SUBCOMMITTEE REPORTS / COMMISSION MATTERS
ADJOURNMENT (Planning Commission policy is to adjourn no later than 11:30 p.m. unless a majority of the Planning Commission votes for an extension of time) Writings related to an item on the Planning Commission meeting agenda distributed to members of the Commission within 72 hours of the meeting are available for public inspection at the reference desk of the Los Gatos Town Library, located at 100 Villa Avenue; the Community Development Department and Clerk Department, both located at 110 E.

Main Street; and are also available for review on the official Town of Los Gatos website. Copies of desk items distributed to members of the Commission at the meeting are available for review in the Town Council Chambers.

Note: The Town of Los Gatos has adopted the provisions of Code of Civil Procedure §1094.6; litigation challenging a decision of the Town Council must be brought within 90 days after the decision is announced unless a shorter time is required by State or Federal law.

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

TOWN OF LOS GATOS

PLANNING COMMISSION
REPORT
MEETING DATE: 03/11/2020
ITEM NO: 1
DRAFT

MINUTES OF THE PLANNING COMMISSION MEETING
FEBRUARY 26, 2020
The Planning Commission of the Town of Los Gatos conducted a Regular Meeting on Wednesday, February 26, 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 Kendra Burch, Commissioner Matthew Hudes, and Commissioner Reza Tavana.

Absent: None.

PLEDGE OF ALLEGIANCE
Commissioner Hudes 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 – January 8, 2020
MOTION: Motion by Commissioner Hudes to approve adoption of the Consent Calendar, as amended. Seconded by Commissioner Barnett.

VOTE: Motion passed unanimously.

PUBLIC HEARINGS

2. Recommend a Preferred Land Use Alternative Framework for the General Plan Update to the Town Council
Jennifer Armer, Senior Planner, presented the staff report.

Rick Rust, Mintier Harnish, provided a PowerPoint presentation.

Type teATTACHMENT Axt here

ITEM NO. 8.

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Opened Public Comment.

Kimberly Bryan
- She is alarmed at the delta she sees between the current Town and the potential buildings that were put forth with Plan C. Housing choices such as duplexes, fourplexes, tiny houses, etc., are a much better fit for Los Gatos to find more areas in Town to accommodate these structures. She encouraged the Planning Commission to support Option B and see what happens with property owners being able to have secondary units on their properties.

Lee Fagot
- Going to 45 feet downtown with retail at the bottom and housing above makes sense. The argument on both sides regarding the project at Los Gatos Boulevard and Shannon Road shows the importance of finding the right heights and setbacks that would provide guidance for future developers and to keep the look and feel of Los Gatos.

Jan Murray
- She lives near a development at Union Avenue and Blossom Hill that the Planning Commission recommended against and the Town Council overrode that recommendation.

Those homes do not meet the mass, bulk, height, and character of the Town and are elevated. Good intentions get modified when the developers come in and offer incentives to deviate.

Emerald Hathaway
- Los Gatos is a beautiful Town and she feels badly when she reads they are going to try to change the Town into four-story buildings along Los Gatos Boulevard, because it doesn't make any sense. It should be easy to add 2,000 dwellings without putting in four-story buildings because Los Gatos is not designed for that, and while the Town wants diversity they do not want to destroy the Town in trying to be so diverse.

Mark Grimes
- He has read about the number of additional cars that would be added based on the assumption that more people would start to use public transportation and asked what factors were used to come up with that assumption?
Closed Public Comment.

Commissioners discussed the matter.

MOTION: Motion by Commissioner Burch to recommend Land Use Alternative C as included in Exhibit 11. Seconded by Vice Chair Janoff.

Commissioner Barnett requested the motion be amended to footnote in the motion that further review, analysis, and modification is anticipated.

ITEM NO. 8.

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The Maker of the Motion accepted the amendment to the motion.

The Seconder of the Motion accepted the amendment to the motion.

Commissioners discussed the matter.

VOTE: Motion passed unanimously.

3. Forward a Recommendation to the Town Council for Approval of the Amendments to Chapter 29 (Zoning Regulations) of the Town Code Regarding Family Daycare Home Regulations, Town Wide.

Town Code Amendment Application A-20-002
Applicant: Town of Los Gatos
Diego Mora, Assistant Planner, presented the staff report.

Opened and Closed Public Comment.

MOTION: Motion by Commissioner Burch to forward a recommendation to Town Council for approval of Town Code Amendment Application A-20-002, amendments to Chapter 29 (Zoning Regulations) of the Town Code regarding family daycare home regulations. Seconded by Commissioner Badame.

VOTE: Motion passed unanimously.

4. Forward a Recommendation to the Town Council for Approval of the Amendments to Chapter 29 (Zoning Regulations) of the Town Code Regarding Accessory Dwelling Units, Town Wide.

Town Code Amendment Application A-20-001
Applicant: Town of Los Gatos
Sally Zarnowitz, Planning Manager, presented the staff report.

Opened Public Comment.

Jennifer Kretschmer, AIA
- She addressed the decision to not allow ADUs in front of primarily residences because the state requires cities and towns to allow existing buildings to be converted into ADUs. In Los Gatos there are many older homes small enough to be considered an ADU, and rather than see those smaller homes demolished in order to build a larger home and then put an ADU

ITEM NO. 8.

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in the back she proposed the existing structure to be allowed to be a detached ADU in front of a primary residence. She said the current amendments allow for setbacks of 4 feet, but 3 feet would still comply with building codes with space to go around the structure and therefore leave more open space in the yards of properties if the detached ADU is pushed all the way toward the back of the property and still allows for preventative fire measures.

Closed Public Comment.

Commissioners discussed the matter.

MOTION: Motion by Commissioner Badame to forward a recommendation to Town Council for approval of Town Code Amendment Application A-20- 001, approval of the amendments to Chapter 29 (Zoning Regulations) of the Town Code required to conform to the new State law regarding Accessory Dwelling Units, subject to changes as recommended by Commissioner Barnett. Seconded by Commissioner Hudes.

VOTE: Motion passed unanimously.

Commissioners discussed the matter.

MOTION: Motion by Commissioner Burch based on the diagram shown by staff, to forward a recommendation to Town Council to adopt the options to allow a junior ADU with an attached ADU or to allow a junior ADU within a detached ADU or accessory structure, and note the conversation regarding configuration of square footage. Seconded by Commissioner Tavana.

VOTE: Motion passed unanimously.

Commissioners discussed the matter.

MOTION: Motion by Commissioner Hudes to forward a recommendation to Town Council to not adopt the option to allow the creation of ADUs in front of historic resources. Seconded by Commissioner Badame.

VOTE: Motion passed unanimously.

Commissioners discussed the matter.

ITEM NO. 8.

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MOTION: Motion by Commissioner Burch to forward a recommendation to Town Council to not adopt the option to allow attached ADU minimum rear and side setbacks of 4 feet. Seconded by Commissioner Hudes.

VOTE: Motion passed unanimously.

Commissioners discussed the matter.

MOTION: Motion by Commissioner Burch to forward a recommendation to Town Council to not adopt the option to allow the addition of an ADU to an existing second story of a primary dwelling that is an historic resource.

Seconded by Commissioner Hudes.

VOTE: Motion passed unanimously.

OTHER BUSINESS

5. Report from the Director of Community Development
Joel Paulson, Director of Community Development
 Town Council met February 18, 2020: adopted the streamlining modifications previously considered by the Planning Commission; discussed vehicle miles traveled (VMT) and will work with Fehr & Peers who will come up with substantial evidence to create the Town's own VMT metrics because it is unlikely the Town could meet the state's recommended threshold.
 Reach codes adopted by the Council went into effect February 21, 2020, after being approved by the California Energy Commission.
 The General Plan Advisory Committee will meet twice monthly to look at individual elements beginning March 5, 2020 when it will consider the Open Space Parks, and Recreation Element.

SUBCOMMITTEE REPORTS/COMMISSION MATTERS
Historic Preservation Committee
Commissioner Hudes
- The HPC met February 26, 2020 and considered three items:
o 251 Littlefield Lane
o 15946 Cerro Vista Drive
o 253 West Main Street
o 15946 Cerro Vista Drive

ITEM NO. 8.

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Conceptual Development Advisory Committee
Community Development Director Paulson
- The CDAC meet February 12, 2020 and considered one item:
o 16195 George Street, looking at four detached condos.

Commission Matters
None.

ADJOURNMENT
The meeting adjourned at 9:51 p.m.

This is to certify that the foregoing is a true
and correct copy of the minutes of the
February 26, 2020 meeting as approved by the
Planning Commission.
_____________________________
/s/ Vicki Blandin

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

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

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

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.

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

ITEM NO. 8.

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FAR

FRANK AV

LEROY AV

CHIRCO DR

BENEDICT LN

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CORINNE DR

FLINTRIDGE DR

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AUGUSTINE AV

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16769 Farley Road
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EXHIBIT 1

ITEM NO. 8.

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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

ITEM NO. 8.

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ITEM NO. 8.

C:\USERS\PUBLIC\DOCUMENTS\MEETINGMUNICODEDOCUMENTPROCESSING\2D35B22E-DD9E-4AA1-A938-8BF85C628A32\ITEMATTACHMENT-001-2A192A8F92ED46CA9512BFF1BBD51C22.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

ITEM NO. 8.

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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.

ITEM NO. 8.

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ATTACHMENT D

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ITEM NO. 8.

From: Brian Thompson
Sent: Friday, March 20, 2026 10:50 AM
To: Jocelyn Shoopman <[email protected]>; Alexa Nolder <[email protected]> Cc: Rob Moore <[email protected]>; [email protected]; Mary Badame <[email protected]>; Rob Rennie <[email protected]>; Matthew Hudes <[email protected]>
Subject: Formal Opposition: CUP Modification U-20-00116769 FARLEY road - Precedent of 15596 Flintridge Drive
[EXTERNAL SENDER]
Dear Planning Commission and Associate Planners,
I am writing to formally oppose the proposed modification of the Conditional Use Permit (CUP) for 16769 Farley Road. I would like to bring to the Commission's attention a recent and highly relevant precedent regarding Town code enforcement and neighborhood protection: the "Max Family Polar Express" case at 15596 Flintridge Drive.

The "Polar Express" Precedent (Dec 2022)
In December 2022, the Town of Los Gatos took swift action to enforce code restrictions against a holiday display at 15596 Flintridge Drive. Despite the display being a well-intentioned community event, the Town mandated its modification and near-removal based on:
• Street Capacity: The Town cited significant concerns that the attraction drew too many visitors (approx. 700 people per night), which overwhelmed the quiet residential street's infrastructure. • Public Safety: The Town prioritized the prevention of traffic congestion and the protection of the public right-of-way over the applicant's desire to host a high-intensity event in an R-1 neighborhood.

Application to 16769 Farley Road
The Town’s intervention on Flintridge Drive established a clear standard: high-intensity uses that attract large volumes of people and vehicles are inherently incompatible with the infrastructure of our residential neighborhoods.

If the Town was willing to strictly enforce code and limit a temporary holiday display to protect a residential street from 700 visitors, it must apply that same standard of care to a permanent CUP modification for 16769 Farley Road. Allowing expanded late-night hours and increased intensity at this location would be a direct contradiction of the safety and capacity priorities the Town upheld on Flintridge Drive.

In addition to my objection on this basis, I would like to state my objection based on the fact that our neighborhood has recently been negatively impacted by additional traffic generated by Lester Square, its associated housing, and the new housing at the Placer Oaks development at the intersection of

ITEM NO. 8.

Placer Oaks Road and Frank Avenue, all of which generate traffic directed northward to Izorah Way, which is the street I live on and which my family know refers to as "Izorah Expressway." To add to all this an institution that's open as late as midnight and as early as 4:30 am is just as unreasonable and unacceptable in a residential neighborhood.

I therefore request that the Commission maintain consistency in its application of neighborhood protections and deny this modification.

Sincerely,
Brian Thompson

ITEM NO. 8.

From: Farley Road Neighborhood Coalition
Sent: Friday, March 20, 2026 11:00 AM
To: Jocelyn Shoopman <[email protected]>; Alexa Nolder <[email protected]>; Planning <[email protected]>
Subject: Petition Representing Near-Unanimous Neighborhood Opposition to WVMA CUP Modification (16769 Farley Rd)
[EXTERNAL SENDER]
Dear Planning Commission,
Please find the attached petition and this link to our YouTube video (https://www.youtube.com/watch?v=yEikr9Z8Ekk) formally opposing the requested modification of the Conditional Use Permit (CUP) for 16769 Farley Road.

This document represents the collective voices of over 60 adult residents from ~ 60 unique households—a near-unanimous majority of the families who live directly on Farley Road and its immediate feeder streets (Flintridge, Frank, Chirco, Corcel, Benedict, Augustine, and Izorah).

We urge the Commission to weigh this collective evidence against the applicant’s "Neighborhood Outreach" report, which we believe is statistically invalid. While the applicant reported contact with only 15 properties, this petition proves that when the actual residents are consulted, the consensus is clear: this expansion is fundamentally incompatible with an R-1 residential zone.

Our opposition is based on documented, year-round safety risks, including:
• Infrastructure Deficit: Our streets lack the sidewalks and lighting necessary to safely handle a traffic surge at 4:00 AM and Midnight.
• Capacity Mismatch: An assembly of 1,217 people is larger than the student body of Fisher Middle School. Operating at this "regional scale" in a quiet residential pocket creates an unmitigated danger to pedestrian safety and emergency vehicle access. • Enforcement Failures: The applicant has a documented 3-year history of non-compliance with existing permit hours and occupancy limits. Granting expanded hours to an entity that cannot manage its current restrictions is a direct threat to the general welfare of the neighborhood.

We are not "a few disgruntled neighbors." We are a unified community asking the Town to uphold its zoning laws and its basic duty of care to protect the residents who live here 365 days a year.

We request that the Planning Commission deny the modification and prioritize the safety and residential integrity of Los Gatos.

Sincerely,
Farley Road Neighborhood Coalition

ITEM NO. 8.

PETITION TO OPPOSE MODIFICATION OF CUP FOR 16769

FARLEY ROAD
TO: Town of Los Gatos Planning Commission / Town Council RE: Application for Expanded Hours – West Valley Muslim Association (WVMA) ZONING: R-1:8 (Single-Family Residential)
WE, THE UNDERSIGNED RESIDENTS of the impacted residential streets (Farley, Frank, Flintridge, Chirco Court, Corcel Court, Benedict Lane, Augustine Ave, and Izorah Way), formally oppose the request to expand the hours of operation at 16769 Farley Road. The applicant’s justification documents fail to address critical infrastructure deficits and the resulting safety risks to our families. We request a DENIAL based on the following:

1. CRITICAL FIRE HAZARD & EMERGENCY ACCESS RISK
The applicant admits to a standing capacity of 1,217 people (~304 vehicles) but provides only 180 parking spaces, resulting in a massive 41% parking deficit (124 missing spaces). ● Safety Deficit: The applicant admits their commercial-grade gate is inoperable, a direct violation of Fire Code egress (exit) requirements for a high-occupancy assembly.

2. INCOMPATIBLE "REGIONAL SCALE" IN AN R-1 ZONE
An occupancy of 1,217 people is larger than the student body of Fisher Middle School(~1,100). ● The Mismatch: Operating a "high-school-sized" assembly at 4:00 AM and 12 AM in an R-1:8 residential zone is a radical intensification of use. ● Substandard Infrastructure: Our streets lack streetlights and sidewalks. Forcing hundreds of vehicles onto dark, shoulder-only roads during sleeping hours creates an unacceptable risk of pedestrian-vehicle accidents.

3. FLAWED DATA & UNENFORCEABLE MITIGATION
● Irrelevant Noise Study: The applicant’s 2025 noise study was conducted outside of peak Ramadan hours, failing to measure the true impact of 1,200+ people arriving in the predawn hours.
● The "Honor System" Flaw: 35% of the applicant’s proposed mitigations rely on "reminders" and "signs," which the Town cannot legally enforce. ● Statistically Invalid Outreach: The applicant’s "Neighborhood Outreach" report is deceptive. While there are over 100 neighbors in the immediate impacted area, the applicant only identified 35 properties and successfully contacted only 15. This means nearly 85% of the neighborhood was never directly engaged, proving a total lack of community consensus.

4. PREFERENCE OVER NECESSITY

ITEM NO. 8.

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 modification that permanently destroys the "quiet enjoyment" and safety of a residential neighborhood.

ELECTRONIC SIGNATURE LOG
By providing my name and address below, I electronically sign this petition and authorize its submission to the Town of Los Gatos for the official public record. # Name Physical Address Date
1 Cortney Bui 2/19/2026
2 Kim & Jim Ratcliff 3/7/2026
3 Roger & Ann Bundlie 3/7/2026
4 Lisa Kimmey 3/8/2026
5 Nguyet Huynh 3/8/2026
6 Mary Hogan 3/8/26
7 3/8/26
8 Mark Leonard 3-9-26
9 Kathleen Hess 3/8/26
10 Howard Goodman 3/8/26
11 Jeff Shih 3/8/26
12 Brian Thompson 3/8/26
13 Rita Skubis 3/8/26
14 David Kau 3/8/26
15 Genady Leyfman 3/8/26
16 Sueling Clo 3/8/26
17 Brad Kerst 3/8/26
18 Christine Kerst 3/8/26

ITEM NO. 8.
19 Kevin Phillips 3/8/26
20 Yassmine and Al Daryani 3/8/26
21 Rose and Truc Dam 3/8/26
22 Gareth Williams 3/8/26
23 Hongzhi Zhao 3/8/26
24 Chigiy Edson
25 Jinping Yang & Zhuo Wang 3/11/26
26 Rich Stephens 3/11/26
27 Claire McCrae 3/11/26
28 Barbara & Mike Page 3/11/26
29 Dai Mac 3/11/26
30 Miriam Ventovill 3/11/26
31 Larry Kuinn 3/11/26
32 Ling Chen 3/11/26
33 Mei Ling 3/11/26
34 Jim and Marnette Atkinson 3/11/26
35 Rajeev Kavalapara 3/11/26
36 Tony Luzit 3/11/26
37 Mark Lester 3/12/26
38 Anne and Jeremy Braidish 3/12/26
39 Tony Nguyen 3/12/2026
40 Jim Kim 3/12/2026
41 Sharath Raghava 3/12/2026
42 Susan and Michael
Stenman
3/12/2026
43 Subhendra Ghosh 3/12/2026

ITEM NO. 8.
44 James and Emma Garner
45 Robert Gore 3/12/2026
46 Khoa Tran 3/11/2026
47 Alex Grabovac 3/12/2026
48 Neeleshkumar Gadhia 3/12/2026
49 Margaret and Damon
Kvamme
50 Kristina Branch
51 Rupa Pai 3/13/2026
52 Zheng Yuan 3/13/2026
53 Ed Damore 03/13/26
54 Anant Kanetkar 03/13/26
55 Paul and Carleen Schomberg 3/13/26
56 Tehua Lin
3/16/26
57 Sarita Kinkaid 3/16/26
58 Jubie and Troy Jaramillo 3/16/26
59 Jack Hosmer 3/16/26
60 Benjamin Ng and Chi Ching
Wong
3/19/26
61 62

ITEM NO. 8.

From: Rose Dao
Sent: Friday, March 20, 2026 11:42 AM
To: Jocelyn Shoopman <[email protected]>
Cc: Rob Moore <[email protected]>; Maria Ristow <[email protected]>; Mary Badame <[email protected]>; Rob Rennie <[email protected]>; Matthew Hudes <[email protected]>; Alexa Nolder <[email protected]>; Planning <[email protected]>
Subject: WVMA CUP concerns
[EXTERNAL SENDER]
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.

We urge the Commission to prioritize the voices of the local residents who will be directly impacted by the proposed expansion of hours. Consistent with Town policy and prior Commission actions, we have identified the following precedents and standards that support a denial of this modification based on neighborhood compatibility and noise protection.

Precedents and Policy Standards for 16769 Farley Road
Case / Town
Standard
Case
Number
Core Planning
Principle
Planning &
Policy
Application
Detailed Case Justification
La Rinconada
Park ($90,000
Mitigation)

N/A (CIP
Project)
Residential
Noise
Protection
Establishes a
precedent that the
Town prioritizes
protecting
residents from
"impulsive
noise."
The Town recognized that
"impulsive noise" from
pickleball—even when wellintentioned—can have an
unbearable impact on quality
of life. The Town committed
$90,000 for acoustic barriers
and locking gates to protect
neighbors. We ask for that
same standard of protection
for our families.

North 40 &
Albright Way
SP-13-001 /
PD-12-001
Neighborhood
Compatibility
Required that
projects meet
strict
"Compatibility"
standards
These cases established that
institutional uses must not
"overpower" the residential
rhythm of an area. Projects
were denied or scaled back

ITEM NO. 8.
regarding scale
and traffic.
when local street "capacity
and safety" (for
children/pedestrians) was
compromised. We cite
General Plan Policy LU-1.1
to ensure this modification
remains compatible with our
neighborhood's character.
15928 Union
Avenue (Staff
Report)
S-08-30 / M08-13Non-Standard
Neighborhood
Noise
Uses Code Sec.

16.20.015 to flag
noise that is
"non-standard"
for an R-1 zone.

Planners previously flagged
noise from idling engines and
car doors as "non-standard"
for residential quiet hours.

Expanding late-night hours at
16769 Farley Road
introduces this exact type of
disruptive, non-standard
noise while our families are
sleeping.

Town Code Sec.

29.20.185
Town Code CUP
Discretionary
Authority
Provides the legal
"police power" to
find a use
"inappropriate
regardless of
regulation."
This code clarifies that a
CUP is not a right. The
Commission has the authority
to decide that this specific
location—surrounded by 193
homes—is inappropriate for
high-intensity use, regardless
of any proposed "mitigation"
by the applicant.
16472 Farley
Road (Neighbor
Denial)
FHE-23-001 Immediate
Neighbor
Compatibility
Sets a precedent
on Farley Road
where the
Commission
protected the
privacy of
abutting
neighbors.

In this specific Farley Road
case, the Commission
required a project to be
redesigned to protect the
"residential feel" and privacy
of neighbors. The Town has
already proven it will act to
protect the residents of this
specific street from intrusive
modifications.

General Plan
Policy NOI-1.1
General Plan
2040
Adverse
Impact
Mitigation
Mandates the
Town "ensure
noise does not
This policy is a mandate, not
a suggestion. Because the
proposed modification

ITEM NO. 8.
adversely affect
neighboring land
uses."
creates a direct conflict
between high-occupancy latenight events and sleeping
households, it fails to meet
the General Plan's core noise
requirements.

Max Family Polar
Express (15596
Flintridge)
2022 Code
Enforcement
Street
Capacity &
Code
Compliance
Street Capacity &
Safety
The Town mandated the
modification/removal of a
holiday display at 15596
Flintridge Drive because it
attracted ~700 people/night.

The Town prioritized
clearing the public right-ofway and preventing traffic congestion on a residential
street over a well-intentioned
community attraction.

Los Gatos High
School
(Lights/Noise)
CUP
Revision
Institutional
Intensity
Control
Limits the
frequency and
duration of
evening activities
to protect the
surrounding
residential quiet.

The Town placed strict limits
on the number of "night
games" and the cutoff time
for stadium lights. This
proves the Town recognizes
that even vital community
institutions must be restricted
to prevent "light and noise
creep" into sleeping
neighborhoods.

The Los Gatos
Racquet & Golf
Club
CUP
Compliance
Operational
Restrictions
Mandatory "quiet
hours" and strict
capacity limits
for outdoor
events in
residential zones.

The Town has historically
restricted the hours of
operation for the Club's
outdoor activities to mitigate
noise. This establishes that
institutional use must yield to
the "right to quiet" for
adjacent homeowners after
certain hours.

Mariposa
Montessori (Faith
Lutheran)
U-25-002
(April 2025)
Cap on
Enrollment &
Hours
Strict enrollment
limits and
operational
windows to
The Town capped enrollment
at 50 students and strictly
limited hours to 8:15 AM –
4:15 PM (Monday–Friday).

ITEM NO. 8.
prevent
residential oversaturation.

Parent meetings are restricted
to once per month with a 10
PM hard cutoff. This proves
the Town prioritizes
neighborhood peace over an
institution's desire for more
students or evening hours.

Faith Lutheran
Church (16548
Ferris Ave)
U-25-002
(April 2025)
Religious
Occupancy &
Hour Caps
Religious
Occupancy &
Hour Caps
The Town imposed a strict
220-person occupancy cap
and a 10:00 PM hard cutoff
for Mon-Sat operations. This
proves that religious worship
is subject to capacity and
time limits to protect
residential tranquility.

The Town’s history of planning decisions reflects a consistent commitment to protecting the residential character of Los Gatos. We respectfully request that the Planning Commission uphold these established standards and deny this modification.

Thank you so much for considering and addressing our concerns.

Sincerely,
Rose Dao
On behalf of the Farley and Feeder Streets

ITEM NO. 8.

From: Kobayashi, Alex
Sent: Friday, March 20, 2026 12:46 PM
To: Planning <[email protected]>
Subject: letter from Sen. Becker: Conditional Use Permit at 16769 Farley Road [EXTERNAL SENDER]
Good afternoon:

Please find the attached letter from Senator Josh Becker related to the CUP amendment being considered at next week’s Planning Commission.

If you have any questions, please let me know.

Thank you.

Sincerely,
Alex Kobayashi
Office of State Senator Josh Becker
650.233.2724 (office)

ITEM NO. 8.

March 20, 2026
Planning Commission
Town of Los Gatos
110 E. Main St
Los Gatos, CA 95030
Members of the Planning Commission:

I am writing concerning the West Valley Muslim Association’s proposed amendments to its conditional use permit at 16769 Farley Road.

The West Valley Muslim Association is a community institution with a long history of serving the residents of Los Gatos and surrounding communities.

We are aware this is in a residential neighborhood and that there have been many conversations to try to limit impact on the neighbors. The city has proposed a number of restrictions to address concerns shared from the surrounding community and it is my understanding that the Association has accepted most of these accommodations. With those additional restrictions I urge support of these amendments to the CUP.

Faith based institutions like West Valley Muslim Association foster a sense of service and community and contribute significantly to a wider cultural understanding. Granting this amendment will allow WVMA to meet the needs of its congregation while respecting the needs of the larger community.

Thank you for your consideration of this matter.

Sincerely,
Josh Becker
State Senator, District 13

ITEM NO. 8.

TO VIEW VIDEOS RECEIVED AS PART OF THE PUBLIC COMMENT,
PLEASE VISIT:
https://www.losgatosca.gov/DocumentCenter/Index/2572
EXHIBIT 11, ATTACHMENT A

ITEM NO. 8.

This Page
Intentionally
Left Blank

ITEM NO. 8.

PREPARED BY: Jocelyn Shoopman
Senior Planner
Reviewed by: Planning Manager, Community Development Director, and Town Attorney 110 E. Main Street Los Gatos, CA 95030 ● 406-354-6832
www.losgatosca.gov

TOWN OF LOS GATOS

PLANNING COMMISSION
REPORT
MEETING DATE: 03/25/2026
ITEM NO: 2

DATE: March 20, 2026
TO: Planning Commission
FROM: Joel Paulson, Community Development Director
SUBJECT: Consider a Request for Approval to Modify an Existing Conditional Use Permit for Expanded Hours of Operation in an Institution for Religious Observance (West Valley Muslim Association) on Property Zoned R-1:8. Located at 16769 Farley Road. APN 424-21-062. Categorically Exempt Pursuant to CEQA Guidelines Section 15301: Existing Facilities. Property Owner: West Valley Muslim Association, Osmar Ghafoor, President. Applicant: Razi Mohiuddin. Project Planner: Jocelyn Shoopman.

RECOMMENDATION:

Consider approval of a request to modify an existing Conditional Use Permit (CUP) for expanded hours of operation in an institution for religious observance (West Valley Muslim Association) on property zoned R-1:8 located at 16769 Farley Road.

PROJECT DATA:

General Plan Designation: Low Density Residential
Zoning Designation: R-1:8, Single-Family Residential, 8,000 sf lot minimum Applicable Plans & Standards: General Plan
Parcel Size: 2.76 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
West Residential Low Density Residential R-1:8

ITEM NO. 8.

PAGE 2 OF 11
SUBJECT: 16769 Farley Road/U-24-010
DATE: March 20, 2026
FINDINGS:
 The project is Categorically Exempt pursuant to the adopted Guidelines for the Implementation of the California Environmental Quality Act, Section 15301: Existing Facilities.
 The project meets the objective standards of Chapter 29 of the Town Code (Zoning Regulations).
 As required by Section 29.20.190 of the Town Code for granting a Conditional Use Permit.

ACTION:

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

BACKGROUND:

A. Project Site History
On January 10, 1990, the Planning Commission approved a CUP (U-89-11) to allow the improvement and expansion of an existing institution for a religious observance facility (Exhibit 3). The 1990 approval included a new library and hallway addition, in addition to parking and landscaping modifications. The property was occupied by the Jehovah’s Witnesses, Inc. until 2019 when a Certificate of Use and Occupancy was issued to the West Valley Muslim Association (WVMA). Since WVMA has occupied the property, an electrical permit and plumbing permit have been issued by the Town. No additional permits that would result in an expansion to the existing square footage have been applied for or issued.

On March 11, 2020, the Planning Commission approved a modification to the existing CUP (U-20-001) to allow for expanded hours of operation from 10:00 p.m. to 11:00 p.m., for 30 days annually during the month of Ramadan for religious services (Exhibit 4). The applicant’s Written Description stated: “. . . Prayer services for the month of Ramadan would begin at approximately 8:30 p.m. and we would like to request use of the facility until 11:00 p.m.

This is to allow remaining members of the congregation to finish services and leave the facility. We anticipate between 10 to 25 members using the facility until 11:00 p.m. for Ramadan.”
Per the minutes of the March 11, 2020, Planning Commission meeting, the applicant stated:
“The extended hours of operation 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 existing CUP and the proposed CUP modification do not include a limit on the number of evening attendees or cars exiting the property.

ITEM NO. 8.

PAGE 3 OF 11
SUBJECT: 16769 Farley Road/U-24-010
DATE: March 20, 2026
B. Law Regarding Conditional Use Permits
A CUP runs with the land and a successor in interest succeeds to any benefits that the original owner enjoyed under the permit issued. The successor in interest is also subject to the limitations in the permit and can assert no greater rights than the original permittee enjoyed (County of Imperial v. McDougal (1977) 19 Cal.3d 505, 510).

Town Code Sections 29.20.180 through 29.20.200 and following address the issuance of CUPs.

Town Code Section 29.20.190 provides that a conditional use permit may be granted if the deciding body finds that:
1) The proposed uses of the property are essential to the public convenience or welfare; 2) The proposed uses will not impair the existing use of the zone; 3) The proposed uses would not be detrimental to public health, safety, or general welfare; and
4) The proposed uses of the property are in harmony with the various elements or objectives of the general plan and the purposes of this chapter.

With regard to requested modifications of existing CUPs, Town Code section 29.20.305 provides that “applications for modifications are heard anew and the deciding body may impose new conditions or modify previous conditions.” The same findings apply.

C. Federal Religious Land Use and Institutionalized Persons Act The Religious Land Use and Institutionalized Persons Act (“RLUIPA”) is codified at 42 United States Code Section 2000cc, et seq., and contains several protections for religious institutions with regard to zoning and landmarking laws. RLUIPA, in pertinent part, prohibits government from imposing or implementing a land use regulation in a manner that imposes a substantial burden on religious exercise unless the burden is in furtherance of a compelling governmental interest and is the least restrictive means of furthering that governmental interest [42 U.S.C. § 2000cc(a)(1)(A)–(B)].

A “substantial burden” must impose more than a mere inconvenience on religious exercise (Guru Nanak Sikh Soc’y v. County of Sutter (2006) 456 F.3d 978, 988). In fact, “for a land use regulation to impose a ‘substantial burden,’ it must be ‘oppressive’ to a ‘significantly great’ extent.” (San Jose Christian College v. City of Morgan Hill (2004) 360 F.3d 1024, 1034). A “substantial burden” exists where the governmental authority puts “substantial pressure on an adherent to modify his behavior and to violate his beliefs.” (Guru Nanak Sikh Soc’y, supra, at 988).

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)].

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.

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).

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.

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.

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:

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.

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

ITEM NO. 8.

This Page
Intentionally
Left Blank

ITEM NO. 8.

PREPARED BY: Jocelyn Shoopman
Senior Planner
Reviewed by: Planning Manager, Community Development Director, and Town Attorney 110 E. Main Street Los Gatos, CA 95030 ● 406-354-6832
www.losgatosca.gov

TOWN OF LOS GATOS

PLANNING COMMISSION
REPORT
MEETING DATE: 03/25/2026
ITEM NO: 2
DATE: March 20, 2026
TO: Planning Commission
FROM: Joel Paulson, Community Development Director
SUBJECT: Consider a Request for Approval to Modify an Existing Conditional Use Permit for Expanded Hours of Operation in an Institution for Religious Observance (West Valley Muslim Association) on Property Zoned R-1:8. Located at 16769 Farley Road. APN 424-21-062. Categorically Exempt Pursuant to CEQA Guidelines Section 15301: Existing Facilities. Property Owner: West Valley Muslim Association, Osmar Ghafoor, President. Applicant: Razi Mohiuddin. Project Planner: Jocelyn Shoopman.

RECOMMENDATION:

Consider approval of a request to modify an existing Conditional Use Permit (CUP) for expanded hours of operation in an institution for religious observance (West Valley Muslim Association) on property zoned R-1:8 located at 16769 Farley Road.

PROJECT DATA:

General Plan Designation: Low Density Residential
Zoning Designation: R-1:8, Single-Family Residential, 8,000 sf lot minimum Applicable Plans & Standards: General Plan
Parcel Size: 2.76 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
West Residential Low Density Residential R-1:8

ITEM NO. 8.

PAGE 2 OF 11
SUBJECT: 16769 Farley Road/U-24-010
DATE: March 20, 2026
FINDINGS:
▪ The project is Categorically Exempt pursuant to the adopted Guidelines for the Implementation of the California Environmental Quality Act, Section 15301: Existing Facilities.
▪ The project meets the objective standards of Chapter 29 of the Town Code (Zoning Regulations).
▪ As required by Section 29.20.190 of the Town Code for granting a Conditional Use Permit.

ACTION:

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

BACKGROUND:

A. Project Site History
On January 10, 1990, the Planning Commission approved a CUP (U-89-11) to allow the improvement and expansion of an existing institution for a religious observance facility (Exhibit 3). The 1990 approval included a new library and hallway addition, in addition to parking and landscaping modifications. The property was occupied by the Jehovah’s Witnesses, Inc. until 2019 when a Certificate of Use and Occupancy was issued to the West Valley Muslim Association (WVMA). Since WVMA has occupied the property, an electrical permit and plumbing permit have been issued by the Town. No additional permits that would result in an expansion to the existing square footage have been applied for or issued.

On March 11, 2020, the Planning Commission approved a modification to the existing CUP (U-20-001) to allow for expanded hours of operation from 10:00 p.m. to 11:00 p.m., for 30 days annually during the month of Ramadan for religious services (Exhibit 4). The applicant’s Written Description stated: “. . . Prayer services for the month of Ramadan would begin at approximately 8:30 p.m. and we would like to request use of the facility until 11:00 p.m.

This is to allow remaining members of the congregation to finish services and leave the facility. We anticipate between 10 to 25 members using the facility until 11:00 p.m. for Ramadan.”
Per the minutes of the March 11, 2020, Planning Commission meeting, the applicant stated:
“The extended hours of operation 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 existing CUP and the proposed CUP modification do not include a limit on the number of evening attendees or cars exiting the property.

ITEM NO. 8.

PAGE 3 OF 11
SUBJECT: 16769 Farley Road/U-24-010
DATE: March 20, 2026
B. Law Regarding Conditional Use Permits
A CUP runs with the land and a successor in interest succeeds to any benefits that the original owner enjoyed under the permit issued. The successor in interest is also subject to the limitations in the permit and can assert no greater rights than the original permittee enjoyed (County of Imperial v. McDougal (1977) 19 Cal.3d 505, 510).

Town Code Sections 29.20.180 through 29.20.200 and following address the issuance of CUPs.

Town Code Section 29.20.190 provides that a conditional use permit may be granted if the deciding body finds that:
1) The proposed uses of the property are essential to the public convenience or welfare; 2) The proposed uses will not impair the existing use of the zone; 3) The proposed uses would not be detrimental to public health, safety, or general welfare; and
4) The proposed uses of the property are in harmony with the various elements or objectives of the general plan and the purposes of this chapter.

With regard to requested modifications of existing CUPs, Town Code section 29.20.305 provides that “applications for modifications are heard anew and the deciding body may impose new conditions or modify previous conditions.” The same findings apply.

C. Federal Religious Land Use and Institutionalized Persons Act The Religious Land Use and Institutionalized Persons Act (“RLUIPA”) is codified at 42 United States Code Section 2000cc, et seq., and contains several protections for religious institutions with regard to zoning and landmarking laws. RLUIPA, in pertinent part, prohibits government from imposing or implementing a land use regulation in a manner that imposes a substantial burden on religious exercise unless the burden is in furtherance of a compelling governmental interest and is the least restrictive means of furthering that governmental interest [42 U.S.C. § 2000cc(a)(1)(A)–(B)].

A “substantial burden” must impose more than a mere inconvenience on religious exercise (Guru Nanak Sikh Soc’y v. County of Sutter (2006) 456 F.3d 978, 988). In fact, “for a land use regulation to impose a ‘substantial burden,’ it must be ‘oppressive’ to a ‘significantly great’ extent.” (San Jose Christian College v. City of Morgan Hill (2004) 360 F.3d 1024, 1034). A “substantial burden” exists where the governmental authority puts “substantial pressure on an adherent to modify his behavior and to violate his beliefs.” (Guru Nanak Sikh Soc’y, supra, at 988).

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)].

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.

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).

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.

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.

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:

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.

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

ITEM NO. 8.

This Page
Intentionally
Left Blank

ITEM NO. 8.

PREPARED BY: Jocelyn Shoopman
Senior Planner
Reviewed by: Planning Manager, Community Development Director, and Town Attorney 110 E. Main Street Los Gatos, CA 95030 ● 406-354-6832
www.losgatosca.gov

TOWN OF LOS GATOS

PLANNING COMMISSION
REPORT
MEETING DATE: 03/25/2026
ITEM NO: 2

ADDENDUM
DATE: March 23, 2026
TO: Planning Commission
FROM: Joel Paulson, Community Development Director
SUBJECT: Consider a Request for Approval to Modify an Existing Conditional Use Permit for Expanded Hours of Operation in an Institution for Religious Observance (West Valley Muslim Association) on Property Zoned R-1:8. Located at 16769 Farley Road. APN 424-21-062. Categorically Exempt Pursuant to CEQA Guidelines Section 15301: Existing Facilities. Property Owner: West Valley Muslim Association, Osmar Ghafoor, President. Applicant: Razi Mohiuddin. Project Planner: Jocelyn Shoopman.

REMARKS:

Exhibit 12 includes additional public comment received between 3:01 p.m., Friday, March 20, 2026, and 3:00 p.m., Monday, March 23, 2026.

EXHIBITS:

Previously Received with the March 25, 2026, Staff Report:

1. Location Map

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

3. Conditional Use Permit U-89-11

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

5. Letter of Justification

6. Neighborhood Outreach

7. Noise Analysis

8. Site Map

9. Applicant's Response to Public Comments Regarding Noise

10. Additional Information from the Applicant

11. Public Comments Received by 11:00 a.m., Friday, March 20, 2026, with Attachment A, Videos Provided as Part of Public Comments
ATTACHMENT 2

ITEM NO. 8.

PAGE 2 OF 2
SUBJECT: 16769 Farley Road/U-24-010
DATE: March 23, 2026
Received with this Addendum Report:

12. Public Comments Received Between 3:01 p.m., Friday, March 20, 2026, and 3:00 p.m., Monday, March 23, 2026

ITEM NO. 8.

From: Ed Noskowski < >
Sent: Sunday, March 22, 2026 12:06 PM
To: Jocelyn Shoopman <[email protected]>; Alexa Nolder <[email protected]>; Planning <[email protected]> Subject: Farley Road Use Permit
Ed Noskowski
Los Gatos, CA 95030
March 22, 2026
Jocelyn Shoopman
Alexa Nolder
Planning Commission
Town of Los Gatos
110 E. Main Street
Los Gatos, CA 95030
Re: Modification of Conditional Use Permit U-24-010
West Valley Muslim Association / Los Gatos Islamic Center 16769 Farley Road, APN 424-21-062
Expanded Hours of Operation in Residential Neighborhood Dear Jocelyn, Alexa, and Members of the Planning Commission:

I am a lifelong resident of Los Gatos writing regarding the West Valley Muslim Association's (WVMA) request to modify their existing Conditional Use Permit (U-24-010) to allow limited expanded hours of operation, particularly during Ramadan, for religious observances such as pre-dawn Fajr prayers and evening Taraweeh prayers/iftars.

I do not support this modification of the conditional use permit. There should be no use on this property except during regular hours from 8:00 a.m. to 8:00 p.m. This is a residential neighborhood. This impacts many people’s schedules, lives and property values. However, if the applicant meets standard CUP expectations for any institutional use in a residential zone—specifically addressing parking enforcement, and noise through clear, verifiable, and enforceable conditions I could see allowing use up to 10:00 p.m. and not before 8:00 a.m.

1. Parking Requirements and Enforcement
The facility has 180 onsite parking spaces, which is obviously insufficient for peak attendance.
● The applicant shall fully accommodate additional parking needs onsite, or through a definitive, enforceable off-site parking plan.

EXHIBIT 12

ITEM NO. 8.
● No street parking shall be permitted in the surrounding residential neighborhood at any time by the applicant.
● The Town shall install and maintain appropriate permanent "No Parking" signs on affected streets.
● The Police Department shall enforce these restrictions through regular patrols, similar to other residential parking rules or CUP conditions.

These measures ensure compliance mirrors what is required of any other applicant generating traffic in similar zones.

2. Noise Compliance and Monitoring
Expanded hours must adhere strictly to the Town's noise ordinance (Chapter 16), including the 10:00 p.m. curfew for disturbing noises and property-line dBA limits in residential areas. Additionally, no use before 8:00 a.m. No exemptions should apply— the applicant is subject to the same standards and enforcement as any other entity.

To verify compliance proactively: Sound Level Monitoring and Reporting Requirement To verify ongoing compliance with Chapter 16 (Noise Ordinance) of the Los Gatos Municipal Code—including the 10:00 p.m. curfew for disturbing noises (§ 16.20.010), exterior property-line noise limits (§ 16.20.015), and prohibitions on excessive or unreasonable sounds—the applicant shall implement a sound level monitoring program during periods of extended or high-attendance operations (e.g., Ramadan nights or any events extending beyond 10:00 p.m.).
● Monitoring shall use a calibrated Class 2 or higher sound level meter (meeting IEC 61672-1 or ANSI S1.4 standards, with A-weighting and slow response time). ● Spot measurements at representative property line locations closest to residences, during peak departure/activity times after 10:00 p.m.
● Submit a Noise Monitoring Report quarterly (within 30 days after quarter-end) with data tables, compliance summary, any exceedance explanations/corrections, and certification under penalty of perjury.
● Failure to monitor/report/address issues shall constitute a CUP violation.

These measures ensure compliance mirrors what is required of any other applicant generating sound or noise in similar zones.

Promotion of Fairness: By adopting the measures any applicant would have to abide by, the applicant is able to serve its congregation during key religious times, and the legitimate concerns of neighbors who have been impacted by the applicant's use, would certainly be calmed. Seems fair to me.

Additionally, if this is approved there should be some assessment on the applicant which would address loss of property values for all neighbors impacted.

ITEM NO. 8.

Thank you for your thorough review. I look forward to a balanced outcome at the March 25, 2026, hearing.

Sincerely,
Ed Noskowski

ITEM NO. 8.

From: Benjamin Levitt < >
Sent: Saturday, March 21, 2026 8:08 PM
To: Jocelyn Shoopman <[email protected]>
Cc: [email protected] <[email protected]>
Subject: WVMA Permit
Good evening,
My name is Ben Levitt, and I’m reaching out on behalf West Valley Muslim Association to support their permit petition.

WVMA is my home. Even before I reverted to Islam last year, I felt part of this community. I joined their weekly talks to learn more about Islam, and everyone was so friendly and welcoming. I’ve prayed and visited many mosques across the country, but there’s no place like WVMA. All of the brothers and sisters I’ve met who attend WVMA feel the same way - the community here is special. People travel from all around the Bay Area just to join prayers, talks, and community events, even though there are mosques closer to them.

By extending their permit, you’re allowing this community in Los Gatos to grow. You’re choosing to support a community that prays for a better world, and a community that stands together.

May God bless you and guide your decision.

Peace be with you.
-Ben Levitt

ITEM NO. 8.

From: Kelli OGorman < >
Sent: Saturday, March 21, 2026 8:33 AM
To: Jocelyn Shoopman <[email protected]>
Cc: Dan O'Gorman < >; Kim Ratcliff < >
Subject: FORMAL OBJECTION – FARLEY ROAD Zoning Inconsistency and Public Safety Concerns
Dear Ms. Shoopman,
We are writing to formally object to the proposed expansion and modification of operating hours at 16769 Farley Road.

Based on the materials presented, this proposal raises significant concerns regarding zoning compatibility, public safety, and compliance with established land use standards.

The intensity of the proposed use—serving up to 1,217 individuals with only approximately 180 parking spaces, represents a substantial intensification that appears inconsistent with the intent and purpose of a residential zoning district.

Under fundamental land use principles, conditional use permits (CUPs) require that the proposed use be compatible with the surrounding neighborhood and not be detrimental to public health, safety, or welfare. The scale of this operation, coupled with a documented parking shortfall of approximately 41%, strongly suggests that the required findings for CUP approval cannot be met.

Specifically:
• Zoning Compatibility: The proposed use functions at a regional scale rather than a neighborhood-serving use, which conflicts with the underlying residential zoning designation and general plan expectations for intensity, traffic, and land use character.
• Failure to Meet Required Findings: The anticipated overflow parking onto narrow residential streets introduces foreseeable safety hazards, including obstruction of emergency vehicle access. This directly conflicts with the requirement that a use not be detrimental to public safety.
• Operational Impacts (Hours of Use): The expansion to late-night operations and predawn arrivals (as early as 4:00–5:00 AM) constitutes a material intensification of use that is incompatible with residential quiet enjoyment standards and may violate local noise and nuisance thresholds.
• Inadequate Infrastructure: The surrounding roadway and parking infrastructure are not designed to support the volume and frequency of traffic associated with this level of occupancy.
• CEQA Considerations: The project may result in potentially significant impacts related to traffic, noise, and public safety. Any reliance on a categorical exemption or insufficient environmental review would be inappropriate given the scale and intensity of the proposed changes.

ITEM NO. 8.

Given these concerns, approval of this application would be inconsistent with the Town’s zoning ordinance, General Plan policies, and the required CUP findings.

Accordingly, we respectfully request that the Planning Commission deny the proposed expansion.

Thank you for your time and for upholding the Town’s commitment to thoughtful, balanced, and lawful land use planning.

Sincerely,
Kelli & Dan O’Gorman
Los Gatos, CA. 95030

ITEM NO. 8.

From: Kim Ratcliff < >
Sent: Friday, March 20, 2026 3:24 PM
To: Alexa Nolder <[email protected]>
Cc: Jocelyn Shoopman <[email protected]>
Subject: New Link to Video
Dear Alexa,
Per my previous email, we experienced technical difficulties with our Youtube Channel.

Here is the link to the new video we would like the Planning Commission to view: https://www.youtube.com/watch?v=3oWNgSmnVrA
I will have to put the rest of the videos on a thumb drive and bring down to you on Monday.

Please let me know if you have any questions.

Thanks,
Kim Ratcliff

ITEM NO. 8.

From: Hassaan < >
Sent: Tuesday, March 17, 2026 6:38 PM
To: Jocelyn Shoopman <[email protected]>
Cc: [email protected] <[email protected]>
Subject: Please Approve the West Valley Muslim Assoc. Modified Permit Dear Senior Planner Shoopman,
I hope you're doing well! I am writing to express my support for the West Valley Muslim Association’s request for an extension of their conditional use permit. Night prayers at the mosque have been a meaningful way for me to build community in Los Gatos.

I am confident that both parking and noise can be managed responsibly so as not to disturb neighboring residents.

Thanks,
Hassaan Qadir

ITEM NO. 8.

PREPARED BY: Jocelyn Shoopman
Senior Planner
Reviewed by: Planning Manager, Community Development Director, and Town Attorney 110 E. Main Street Los Gatos, CA 95030 ● 406-354-6832
www.losgatosca.gov

TOWN OF LOS GATOS

PLANNING COMMISSION
REPORT
MEETING DATE: 03/25/2026
ITEM NO: 2
ADDENDUM 2
DATE: March 24, 2026
TO: Planning Commission
FROM: Joel Paulson, Community Development Director
SUBJECT: Consider a Request for Approval to Modify an Existing Conditional Use Permit for Expanded Hours of Operation in an Institution for Religious Observance (West Valley Muslim Association) on Property Zoned R-1:8. Located at 16769 Farley Road. APN 424-21-062. Categorically Exempt Pursuant to CEQA Guidelines Section 15301: Existing Facilities. Property Owner: West Valley Muslim Association, Osmar Ghafoor, President. Applicant: Razi Mohiuddin. Project Planner: Jocelyn Shoopman.

REMARKS:

Exhibit 13 includes additional public comment received between 3:01 p.m., Monday, March 23, 2026, and 3:00 p.m., Tuesday, March 24, 2026.

EXHIBITS:

Previously Received with the March 25, 2026, Staff Report:

1. Location Map

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

3. Conditional Use Permit U-89-11

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

5. Letter of Justification

6. Neighborhood Outreach

7. Noise Analysis

8. Site Map

9. Applicant's Response to Public Comments Regarding Noise

10. Additional Information from the Applicant

11. Public Comments Received by 11:00 a.m., Friday, March 20, 2026, with Attachment A, Videos Provided as Part of Public Comments
ATTACHMENT 3

ITEM NO. 8.

PAGE 2 OF 2
SUBJECT: 16769 Farley Road/U-24-010
DATE: March 24, 2026
Previously Received with the March 23, 2026, Addendum Report:

12. Public Comments Received Between 3:01 p.m., Friday, March 20, 2026, and 3:00 p.m., Monday, March 23, 2026
Received with this Addendum Report 2:

13. Public Comments Received Between 3:01 p.m., Monday, March 23, 2026, and 3:00 p.m., Tuesday, March 24, 2026

ITEM NO. 8.

From: Craig Leiker < >
Sent: Tuesday, March 24, 2026 2:10 PM
To: Planning <[email protected]>
Cc:

Subject: Strongly Oppose CUP U - 24 - 010
Los Gatos Planning Commission, this letter is to express that my wife & I (two people) Strongly Oppose and are unified with many other Los Gatos Residents in opposition to CUP U – 24 – 010.

This expansion is not good and is unfair to residents. Additionally, it is counter to the theme & spirit of the concept of Los Gatos being a non-threatening and peaceful community to live in.

We ask you to join many of us that OPPOSE CUP U – 010 for the good of the community.

Craig Leiker
EXHIBIT 13

ITEM NO. 8.

From: Mohsen, Raania <[email protected]>
Sent: Tuesday, March 24, 2026 2:37 PM
To: Planning <[email protected]>
Subject: Public Comment Item #2
Dear Planning Commission:

Please see the attached letter from Rep. Sam Liccardo in support of Agenda Item #2.

If you need anything further, please let us know.

Thank you for your consideration.

Best,
Raania Mohsen, District Director
Office of Congressman Sam Liccardo, CA-16
408-245-2339 Office | 650-350-2770 Cell
Website | Instagram | Facebook | YouTube

ITEM NO. 8.

March 24, 2026
Planning Commission
Town of Los Gatos
110 E. Main St.

Los Gatos, CA 95030
RE: Agenda Item 2. Hearing of WVMA’s Request to Modify Existing Conditional Use Permit for Expanded Hours of Operation in an Institution for Religious Observance on Property Zoned R-1:8 – Support
Dear Planning Commission Members,
I generally try to stay out of land use and other local matters, because nobody needs a “helicopter ex-mayor” to tell them how to run their town or city.  Accordingly, rest assured that you won’t see many letters like this from me.  I make exceptions for two categories of issues, however: for those affordable housing developments in which we’ve worked to invest scarce federal dollars, and when federal Constitutional rights hang in the balance.

For the latter reason, I write in support of the Town of Los Gatos’ efforts to accommodate the West Valley Muslim Association’s (WVMA’s) request for modification of its existing Conditional Use Permit (CUP) at 16769 Farley Road.   I understand that Planning staff has endeavored to accommodate expanded hours of operation for morning and night prayers, particularly during the month of Ramadan, a sacred time observed by Muslims worldwide, marked by fasting from dawn to sunset, prayer, reflection, and community. Since the purchase of the property in 2018–previously owned by a Kingdom Hall of Jehovah's Witnesses– WVMA has played an important role in the Los Gatos community by facilitating worship, education, and social connection for Muslim residents and families.

I appreciate the valid and reasonable concerns among neighbors related to traffic, parking, and late-night noise, as well as the Planning Department’s thoughtful consideration of those important objections.   For that reason, I support the proposed CUP, which accommodates many of those concerns.  I also support any additional negotiation that can produce an outcome that appropriately balances the needs of the surrounding neighborhood with the inviolable First Amendment rights of our community members.

The Town of Los Gatos made a decision many years ago to allow religious gatherings at this site.  Religious practice often occurs outside typical business hours.  As a Catholic, I routinely attended midnight Mass on Christmas Eve as a child, and our local Latino communities often gather before dawn to celebrate Our Lady of Guadalupe and Las Posadas (typically immediately outside the church) in December.  I’m told that observant synagogues operate well

ITEM NO. 8.
into the evenings for Rosh Hashanah, Yom Kippur, Shavuot, Simchat Torah, Shabbat and Havdalah services, and can hold services in the early morning for some of those holidays.

Similarly, Muslims observe prayers early in the morning and in the evening, particularly during the holy month of Ramadan.

The federal Religious Land Use and Institutionalized Persons Act (RLUIPA), 42 U.S.C. §§ 2000cc, et seq. prohibits zoning regulations that impose substantial burdens on free religious exercise.  Section 2000cc(b)(1) explicitly prohibits local rules that “treat churches or other religious assemblies or institutions on less than equal terms with nonreligious assemblies or institutions.”
In this case, only a half-dozen doors away from this property, a Jack in the Box operates until 1:00 am on weekends and 12:00 am on other days, accommodating substantial late-night activity. While the fast-food restaurant operates on the corner of Farley Road’s intersection with a busy thoroughfare–Los Gatos Boulevard–its proximity on the same block gives rise to concerns of disparate treatment.

My mother loved her experience growing up in the Town of Los Gatos, as one of the very few Latina girls in the community in the 1940s and 50s.  I also grew up nearby in Saratoga, and I know that the Town of Los Gatos has long valued diversity, fairness, and respect for civil liberties. I encourage the Planning Commission to carefully review the proposed conditions to ensure compliance with federal laws and constitutional protections, consideration of surrounding community needs, and equitable treatment of religious institutions.

Thank you for your consideration of my thoughts.

Sincerely,
Sam Liccardo
Member of Congress
16th District of California

ITEM NO. 8.

From: Margaret Kvamme < >
Sent: Monday, March 23, 2026 10:46 PM
To: Planning <[email protected]>
Cc:

Subject: Public Comment Opposing CUP U-24-410
We have lived at for 23 years have enjoyed the quiet atmosphere that our neighborhood has embodied until quite recently.

The West Valley Muslim Association should have the same limitations on quiet hours as any other religious institution or organization that operates in an R-1 zone. It is unfair to allow hundreds of people to descend upon a neighborhood pre-dawn, to park until very late-night hours less than 50 feet from homes where people are sleeping and preparing for work and school the following day, and to create the inevitable light pollution, the sounds of talking, running motors, back-up safety humming that many hybrid and e-vehicles make, etc. for 30 days in a row every year, in addition to already very late hours the rest of the year.

We are tolerant of neighbors having an occasional late party, but an annual onslaught of the magnitude and length that WVMA carries out during Ramadan is not appropriate for a residential area.

We value the religious freedom of all of our neighbors, but it seems that the growth of WVMA warrants that they look for a new place for worship if they must do so for 20 hours straight, for 30 consecutive days.

We ask the Planning Commission to use the same standards for this request (CUP U-24-410) that they would apply to an athletic club, church, music studio, school, or any other organization or business. Doing so is not discriminatory; it upholds the rights of all of the citizens of Los Gatos.

Thank you,
Margaret and Damon Kvamme

ITEM NO. 8.

From: Craig M < >
Sent: Tuesday, March 24, 2026 11:19 AM
To: Jocelyn Shoopman <[email protected]>
Cc: < >
Subject: A vote against expanded hours for WVM
Jocelyn,

A very good teacher I had in middle school once said “your rights end where other peoples rights begin”
He then went on to discuss right to play loud music, but not in the middle of the night near where people are trying to sleep, made sense to me.

I’ve been in Egypt during Ramadan and it’s pretty festive and noisy and usually includes young children (think Van Meter during recess). I was often woken up very early during our boat ride on Nile. That’s fine if I am on vacation.

These days in Los Gatos, many people sleep with their windows open and having large groups of people driving/talking/setting up at 4:00AM near residential houses makes it very difficult to sleep for almost a month. That’s not fine for people who are trying to get enough sleep in their homes to get ready for work, children ready for school, etc.

Please reject the proposal for extended hours and keep our neighborhoods safe and quiet.

Regards,
Craig MacNaughton

ITEM NO. 8.

From: Farley Road Neighborhood Coalition < >
Sent: Tuesday, March 24, 2026 11:04 AM
To: Jocelyn Shoopman <[email protected]>; Alexa Nolder <[email protected]>; Planning <[email protected]>
Subject: SUPPLEMENTAL SUBMISSION: Opposition to WVMA CUP U-24-010 Amendment & Rebuttal to Staff Recommendation
To the Planning Commission,
Please accept this supplemental filing to our formal opposition. Since our initial submission on Friday, the number of households joining our petition has grown from 60 to approximately 70, representing a clear and unified consensus of the residents impacted by this project.

Video
We are submitting the following video link which provides visual documentation of the existing violations and safety hazards described in our testimony. We request this be entered into the public record.

Rebuttal to Staff’s Recommendation for Approval
We have reviewed the agenda package and must strongly disagree with the staff’s implied recommendation for approval. The Planning Commission’s primary role is to ensure that any CUP modification strictly adheres to the Los Gatos General Plan and neutral land-use regulations. The current proposal fails to meet these fundamental requirements.

I. Rebuttal to CEQA Finding (Section 15301: Existing Facilities) Staff finds this project "Categorically Exempt," claiming a "negligible" expansion. This is factually and legally incorrect. In 2020, the applicant secured an 11:00 PM extension by promising only "5-10 cars" would leave late. Their current data admits to 180 vehicles and 850 attendees. This 700% increase in unvetted intensity is an "unusual circumstance" under CEQA Guidelines 15300.2(c). Shifting 180 cars to a 12:00 AM departure in a residential street requires a formal Environmental Impact Report (EIR) to study sleep-disturbance effects.

II. Failure to Comply with the General Plan and Zoning (Section 29.20.190) The General Plan protects the character of R-1:8 residential zones. Staff’s finding that this project is "not detrimental to public welfare" ignores the physical reality of the site. Town Code Section 11.30.010 prohibits noise disturbances between 10:00 PM and 8:00 AM. By requesting a midnight "peak hour" of 180 vehicles, the applicant is asking the Town to ignore its own policies. The Town has a compelling interest in preserving the quiet residential character of this neighborhood; approving this intensity is a direct violation of General Plan requirements.

III. Admission of "Feasibility" Under RLUIPA
The applicant’s Executive Summary admits they have already obtained "unorthodox temporary special exemptions" from religious scholars to comply with the existing 11:00 PM limit. Under RLUIPA, a burden must be "oppressive" to be illegal. If the applicant has successfully adapted to meet neutral noise and hour restrictions, the current limit is a "mere inconvenience," not a legal

ITEM NO. 8.
burden. The Town is not required to waive residential protections simply because the applicant prefers a different schedule.

Los Gatos can assert a compelling interest in this matter. In another RLUIPA case, in 2020, the 9th Circuit (OUR circuit) 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) IV. Failure to Protect Residential Integrity
The applicant argues the "suitability" of the site was settled in 1990. However, the 1990 and 2020 CUPs were based on a fraction of the current intensity. A site may be "suitable" for a 682- seat facility during the day, but it is entirely unsuitable for a midnight or 4 AM "rush hour" of 180 cars. Protecting the quiet residential character of the neighborhood and addressing traffic, noise, and disturbance issues (which affect sleep and safety of residents) is a "compelling governmental interest" of the highest order. Maintaining the 11:00 PM cutoff is the least restrictive means to balance the applicant's needs with the neighborhood’s right to health. (For precedent, see 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-9th-circuit/2042793.html) V. Failure to Address Substantial Public Opposition
To date, the neighborhood has submitted over 30 individual letters of concern and a formal petition signed by more than 60 families in the affected area opposing this modification. This volume of evidence constitutes a "substantial interest" in the administrative record. We ask for the record: When and how will these specific letters of concern be formally addressed? The Town cannot make a finding of "no detriment to public welfare" while simultaneously ignoring the documented testimony of the very public that would be impacted.

VI. Technical Rebuttal to the Noise Analysis (Dated April 29, 2025) We have identified significant methodological flaws, mathematical errors, and critical data gaps in the applicant’s Noise Analysis. These issues—including a total lack of data from the period of greatest impact (Ramadan) and improper meter placement—render the report’s conclusions of "no detriment" invalid.

Please see the attached WVMA Noise Analysis.pdf for further detailed explanation.

VII. Inadequacy and Illegality of Volunteer Traffic Direction The applicant proposes using "volunteer monitors" to manage traffic and noise. This is a significant safety and liability concern. Under California Vehicle Code § 21100, the regulation of traffic on public streets must be performed by peace officers or properly trained, authorized employees. Volunteers lack the legal authority, professional training, and equipment to manage 180 vehicles on a public right-of-way. Relying on untrained civilians to mitigate a high-intensity

ITEM NO. 8.
"rush hour" at midnight is not a viable safety plan and should not be accepted as a condition for approval.

VIII. Inadequacy, Illegality, and Nuisance of Volunteer Traffic Direction The applicant proposes using "volunteer monitors" to manage traffic. This is a significant safety and liability concern:
• Illegal Traffic Control: Under California Vehicle Code § 21100, traffic regulation on public streets must be performed by peace officers or authorized, trained employees.

Volunteers lack the legal authority and professional training to manage 180 vehicles on a public right-of-way.
• Actionable Nuisance: This practice constitutes a direct invasion of privacy. For 30 consecutive nights, residents have been subjected to strange, unvetted men standing within 20 feet of private property at midnight.
• Loss of Quiet Enjoyment: This practice directly violates the intent of the R-1 Residential Zone (Town Code § 29.40.010), which is to provide the best possible environment for single-family living. Furthermore, the Planning Commission cannot make the required finding under Town Code § 29.20.190(a)(3) because relying on untrained civilians for midnight traffic management is inherently detrimental to the general welfare and safety of the neighborhood.

IX. Documented Traffic Safety Hazards and Federal High-Risk Thresholds The Town Clerk’s official accident reports reveal a documented safety crisis that the Staff Report fails to address. In the last five years, there have been 13 recorded accidents in this immediate residential vicinity—specifically along Farley, Flintridge, and Chirco. These three narrow residential streets serve as the only primary egress for neighbors attempting to reach Los Gatos Boulevard. One of these 13 accidents occurred specifically at the 16769 project site.

According to Federal Highway Administration (FHWA) safety protocols, local roads are flagged for high-risk intervention when they exceed 4–5 crashes over a 5-year window. With 13 accidents, this neighborhood hasn't just met the threshold; it has nearly tripled the federal high-risk limit for safety mitigation.

Increasing the intensity of use at a documented "collision point" like 16769—especially during a midnight or 4:00 AM "peak hour" of 180 vehicles—directly contradicts the required finding under Town Code § 29.20.190(a) that the use will not be "detrimental to the public health, safety, or welfare." The Commission cannot, in good faith, find "no detriment" when the Town’s own data shows that the only path to the boulevard and freeway is already at its statistical safety limit.

ITEM NO. 8.

Conclusion
The Commission must distinguish between the identity of the user and the physical impact of the proposed use. The requested modification fails the "Public Welfare" test because the physical location cannot mitigate the noise of 180 vehicles at midnight. We urge the Commission to reject the Staff’s findings and require a formal Noise Study and CEQA Review.

Sincerely,
Farley Road Neighborhood Coalition

ITEM NO. 8.

PETITION TO OPPOSE MODIFICATION OF CUP FOR 16769

FARLEY ROAD
TO: Town of Los Gatos Planning Commission / Town Council RE: Application for Expanded Hours – West Valley Muslim Association (WVMA) ZONING: R-1:8 (Single-Family Residential)
WE, THE UNDERSIGNED RESIDENTS of the impacted residential streets (Farley, Frank, Flintridge, Chirco Court, Corcel Court, Benedict Lane, Augustine Ave, and Izorah Way), formally oppose the request to expand the hours of operation at 16769 Farley Road. The applicant’s justification documents fail to address critical infrastructure deficits and the resulting safety risks to our families. We request a DENIAL based on the following:

1. CRITICAL FIRE HAZARD & EMERGENCY ACCESS RISK
The applicant admits to a standing capacity of 1,217 people (~304 vehicles) but provides only 180 parking spaces, resulting in a massive 41% parking deficit (124 missing spaces). ● Safety Deficit: The applicant admits their commercial-grade gate is inoperable, a direct violation of Fire Code egress (exit) requirements for a high-occupancy assembly.

2. INCOMPATIBLE "REGIONAL SCALE" IN AN R-1 ZONE
An occupancy of 1,217 people is larger than the student body of Fisher Middle School(~1,100). ● The Mismatch: Operating a "high-school-sized" assembly at 4:00 AM and 12 AM in an R-1:8 residential zone is a radical intensification of use. ● Substandard Infrastructure: Our streets lack streetlights and sidewalks. Forcing hundreds of vehicles onto dark, shoulder-only roads during sleeping hours creates an unacceptable risk of pedestrian-vehicle accidents.

3. FLAWED DATA & UNENFORCEABLE MITIGATION
● Irrelevant Noise Study: The applicant’s 2025 noise study was conducted outside of peak Ramadan hours, failing to measure the true impact of 1,200+ people arriving in the predawn hours.
● The "Honor System" Flaw: 35% of the applicant’s proposed mitigations rely on "reminders" and "signs," which the Town cannot legally enforce. ● Statistically Invalid Outreach: The applicant’s "Neighborhood Outreach" report is deceptive. While there are over 100 neighbors in the immediate impacted area, the applicant only identified 35 properties and successfully contacted only 15. This means nearly 85% of the neighborhood was never directly engaged, proving a total lack of community consensus.

4. PREFERENCE OVER NECESSITY

ITEM NO. 8.

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 modification that permanently destroys the "quiet enjoyment" and safety of a residential neighborhood.

ELECTRONIC SIGNATURE LOG
By providing my name and address below, I electronically sign this petition and authorize its submission to the Town of Los Gatos for the official public record. # Name Physical Address Date
1 Cortney Bui 2/19/2026
2 Kim & Jim Ratcliff 3/7/2026
3 Roger & Ann Bundlie 3/7/2026
4 Lisa Kimmey 3/8/2026
5 Nguyet Huynh 3/8/2026
6 Mary Hogan 3/8/26
7 3/8/26
8 Mark Leonard 3-9-26
9 Kathleen Hess 3/8/26
10 Howard Goodman 3/8/26
11 Jeff Shih 3/8/26
12 Brian Thompson 3/8/26
13 Rita Skubis 3/8/26
14 David Kau 3/8/26
15 Genady Leyfman 3/8/26
16 Sueling Clo 3/8/26
17 Brad Kerst 3/8/26
18 Christine Kerst 3/8/26

ITEM NO. 8.
19 Kevin Phillips 3/8/26
20 Yassmine and Al Daryani 3/8/26
21 Rose and Truc Dam 3/8/26
22 Gareth Williams 3/8/26
23 Hongzhi Zhao 3/8/26
24 Chigiy Edson
25 Jinping Yang & Zhuo Wang 3/11/26
26 Rich Stephens 3/11/26
27 Claire McCrae 3/11/26
28 Barbara & Mike Page 3/11/26
29 Dai Mac 3/11/26
30 Miriam Ventovill 3/11/26
31 Larry Kuinn 3/11/26
32 Ling Chen 3/11/26
33 Mei Ling 3/11/26
34 Jim and Marnette Atkinson 3/11/26
35 Rajeev Kavalapara 3/11/26
36 Tony Luzit 3/11/26
37 Mark Lester 3/12/26
38 Anne and Jeremy Braidish 3/12/26
39 Tony Nguyen 3/12/2026
40 Jim Kim 3/12/2026
41 Sharath Raghava 3/12/2026
42 Susan and Michael
Stenman
3/12/2026
43 Subhendra Ghosh 3/12/2026

ITEM NO. 8.
44 James and Emma Garner
45 Robert Gore 3/12/2026
46 Khoa Tran 3/11/2026
47 Alex Grabovac 3/12/2026
48 Neeleshkumar Gadhia , Los Gatos CA
95032
3/12/2026
49 Margaret and Damon
Kvamme
50 Kristina Branch
51 Rupa Pai 3/13/2026
52 Zheng Yuan 3/13/2026
53 Ed Damore 03/13/26
54 Anant Kanetkar 03/13/26
55 Paul and Carleen Schomberg 3/13/26
56 Tehua Lin
3/16/26
57 Sarita Kinkaid 3/16/26
58 Jubie and Troy Jaramillo 3/16/26
59 Jack Hosmer 3/16/26
60 Benjamin Ng and Chi Ching
Wong
3/19/26
61 Martha Doherty 3/21/26
62 Beth Grimes 3/22/26
63 Dan O’Gorman 3/23/26
64 William Dehorn 3/23/26
65 Melinda Wellington 3/23/26
66 Andrea Shelton , Los Gatos 3/23/26

ITEM NO. 8.
67 Mark Shelton 3/23/26
68 Henrietta Moretti 3/23/26
69 Michael Stenman 3/23/26
70 Craig and Varunee
MacNaughton
3/23/26
71 72
73 74
75 76
77 78
79 80

ITEM NO. 8.

Subject: Request to Rescind Acceptance of the Incomplete West Valley Muslim Association Noise Analysis Report (April 29, 2025) and Require a Revised Comprehensive Nighttime & RamadanSpecific Assessment Dear Town of Los Gatos Planning Staff and Decision-Makers, I am writing as a concerned resident regarding the proposed extended hours of operation for the West Valley Muslim Association (WVMA) at 16769 Farley Road. I respectfully request that the Town rescind acceptance of the submitted "West Valley Muslim Association Hours of Operation Noise Analysis" report dated April 29, 2025, as it is incomplete, contains clear methodological flaws, and fails to meet the requirements of the Town’s Noise Ordinance (Chapter 16.20) and General Plan policies (Environment and Sustainability Element, Section 8.11 and Policies ENV-18.3 and ENV19.1).

The General Plan explicitly recognizes that “exposure to excessive noise is considered a detriment to well-being and contributes to undue stress, sleep and concentration disturbance, and other health issues.” Goal ENV 18 states as a goal “Consider existing and future noise levels when making land use decisions in order to protect people from exposure to excessive noise levels, as defined for each land use type. Particular attention will be given to protecting noise sensitive land uses.” Policies ENV-18.3 and ENV-19.1 require exterior noise levels to be evaluated against compatibility criteria (Figure 8-6) and mandate a licensed acoustician’s study with recommendations to reduce impacts to the maximum extent allowed by the Noise Ordinance. The current submission does not satisfy these standards.

Specific Deficiencies in the Submitted Report
The report contains the following serious issues:

1. Failure to Evaluate LDN (Day-Night Average Sound Level) with Nighttime Penalty The General Plan Noise section (8.11) defines and relies on the Day-Night Average Sound Level (Ldn), which applies a +10 dB penalty to nighttime hours (10:00 p.m.–7:00 a.m.). Projected 2040 noise contours are shown in Ldn (Figure 8-5), and compatibility is assessed using Ldn-based criteria (Figure 8-6). The submitted report does not calculate or report Ldn (or any equivalent 24-hour metric with nighttime penalty) for existing or post-development conditions. This is a critical omission for evaluating nighttime impacts, especially during curfew hours.

2. Inappropriate Sound Level Meter Placement
Long-term ambient monitors (LT-1, LT-2, LT-3) were placed approximately 12 feet above grade on trees or utility poles. This elevated height does not represent typical exposure at adjacent residential properties. Measurements should have been taken at or near the point of reception — along the property line plane, at breathing-zone height (~4–5 ft), or adjacent to bedroom façades — to accurately assess impacts on sleeping residents.

3. All Measurements Conducted Outside of Ramadan – The Primary Period of Concern