Los Gatos City Council
August 18, 2026

ITEM NO. 8.

ITEM NO. 8.
explicit night metrics (Leq,n or Lnight for 10 p.m.–8 a.m.) for existing and post-development conditions, including compatibility with Figure 8-6.

2. Hourly predictions — Predicted hourly Leq for a typical 24-hour day for existing and postdevelopment conditions, including all event scenarios.

3. Event-night analysis — Quantify noise for all expected event scenarios (especially during Ramadan), show predicted hourly levels on event nights, and state the expected number of nights per year each scenario will occur.

4. Cumulative contribution — Show the project’s incremental contribution (delta dB) to ambient noise for night and 24-hour periods.

5. Representative monitoring — Continuous 24-hour monitoring at representative receptor locations (multiple non-event weekdays/weekends and at least one larger event/Ramadancomparable night) or equivalent validated modeling based on such data.

6. Monitor heights and indoor impacts — Place monitors at outdoor breathing-zone/façade heights (1.5–1.8 m) adjacent to ground-floor and upper-story bedrooms; provide façade and indoor bedroom predictions or in-room measurements (windows open/closed) to assess sleepperiod exposures.

7. Raw data and QA/QC — Submit raw measurement files (1-minute Leq CSV or WAV), instrument make/model/serial numbers and calibration certificates, weather logs, and full data processing methodology.

8. Mitigation and enforceability — If night or event limits may be exceeded, provide specific mitigation (e.g., barriers, operational curfews, event caps, traffic management) with predicted post-mitigation levels and an enforceable monitoring and penalty plan, including postoccupancy verification.

9. Peer review — Agree to independent municipal peer review of the revised report at the applicant’s expense if requested.

10. Deadline — Resubmit the revised report within 21 days, or treat the application as incomplete.

Rationale
Because the General Plan recognizes that excessive noise harms well-being, defines and relies on LDN with a nighttime penalty, and requires compatibility-based assessments and licensed acoustician reports, intermittent or nighttime increases — even if limited to certain hours or nights — must be evaluated with LDN metrics, hourly/night analysis, façade/indoor assessment, event-frequency quantification (especially during Ramadan), and enforceable mitigation before any approval.

I respectfully request that the Town confirm receipt of this letter and inform me of the date by which it will require the revised assessment and rescind acceptance of the current incomplete report.

Thank you for your attention to these critical technical and procedural issues. Protecting residential nighttime peace and sleep is a core objective of the Town’s Noise Ordinance and General Plan.

ITEM NO. 8.

From: Johanes Swenberg < >
Sent: Monday, March 23, 2026 6:42 PM
To: Planning <[email protected]>
Cc:

Subject: Public Comment Opposing CUP U-24-010”

Dear Los Gatos Town Council Members,
I am writing as a concerned resident of Los Gatos to urge you to deny the requested modification to Conditional Use Permit U-24-010.

Town staff have recommended approving major expansions to operating hours:
• Morning start as early as ~4:00–5:30 AM (1.5 hours before sunrise, vs. current 8:00 AM) • Nightly end at 10:30 PM (vs. current 10:00 PM)
• During Ramadan: until 12:00 AM (vs. current 11:00 PM) However, this would create a nearly 20-hour daily operation, allow unlimited events and rentals and grant an extra 30 minutes for vehicles to exit.

These changes would leave nearby residents — including 15 households sharing a property line — with only about four hours of quiet enjoyment per day in an R-1 residential zone for at least one month each year.

This is not about any specific organization. It is about applying the same reasonable standards to every organization or resident in residential areas, protecting public health, safety, and neighborhood character.

I respectfully ask the Town Council to deny this CUP modification and maintain consistent zoning rules for all residential zones. One standard across our town.

Please support the over 70 neighbors in the area who ask for this denial.

Thank you for protecting our community’s quality of life.

Sincerely,
Johanes swenberg
Los Gatos

ITEM NO. 8.

From: Jean Mundell < >
Sent: Monday, March 23, 2026 5:22 PM
To: Planning <[email protected]>
Subject: Public Comment Item #2
I am a member of the Social Justice Committee of the United Methodist Church. I urge you to allow the necessary changes in the use permit for the Los Gatos Islamic Center. The people attending their Mosque in Los Gatos should be able to practice all aspects of their religion, and to deny this is to limit how they observe the tenets of Islam.

Thank you.

Jean Mundell, ,, Los Gatos < >

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
[EXTERNAL SENDER]
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: Tooba Ahmed < >
Sent: Monday, March 23, 2026 9:52 PM
To: [email protected] <[email protected]>; Jocelyn Shoopman <[email protected]>
Subject: Support for WVMA's Modified Use Permit
Dear Honorable Members of the City Council,
I am writing to you as a Los Gatos community member who works in this town and has deep and longstanding ties to Los Gatos and the West Valley Muslim Association (WVMA).

WVMA is more than a place of worship; it is a cornerstone of community life. It serves families, youth, young professionals, seniors, and neighbors from all backgrounds through educational programs, service initiatives, interfaith partnerships, and providing a space for worship and connection. It is a place where people come not only to pray, but to belong.

I have seen firsthand the impact WVMA has on our community. I have watched children, such as my own, who have walked in shy and unsure and over time find their voices, their confidence and a sense of identity through the programs offered. I have seen families, many who are new to the area, find connection and community within its walls. I have seen youth work together and engage in service projects, such as preparing hygiene kits and meals for the unhoused and learning the value of giving back to their community. I have also seen seniors, who may otherwise live quiet and isolated lives, find companionship, care and a renewed sense of joy through the friendships they build at the mosque. WVMA is a place where people look out for one another and where no one feels alone. This is where a true sense of community is lived and experienced everyday. These are not abstract benefits. They are real, tangible outcomes that strengthen the broader Los Gatos neighborhood and community.

The requested CUP modifications are modest and rooted in the genuine needs of the community. They are about the simple but essential ability to practice one's faith fully in a way that aligns with both religious obligations and the practical demands of everyday life, such as work and school. At its core, this request is about something fundamental: the ability for residents of Los Gatos and surrounding areas to practice their faith safely and with dignity. As a minority community, having a space like WVMA is essential as it offers a sense of safety, belonging and freedom to practice and grow without fear.

Los Gatos has long been a town that values inclusion, community, and mutual respect. I respectfully urge the Council to uphold these values by approving WVMA’s CUP modification request.

Thank you for your time and your thoughtful consideration.

Sincerely,
Tooba Ahmed

ITEM NO. 8.

From: Iqra Shaikh < >
Sent: Monday, March 23, 2026 8:02 PM
To: Jocelyn Shoopman <[email protected]>
Subject: WVMA Conditional Use Permit
Dear Jocelyn Shoopman,
As a proud American, born and raised in the Bay Area, and a member of the WVMA Community, I am writing to express my support for the WVMA Conditional Use Permit.

Prayer is an essential part of the Islamic faith--it is one of the pillars of Islam. It provides time and space for connection with the creator. A connection that Muslims around the world make 5- time a day including before sun rises and after the sun sets.

In a world wrought with loneliness and distractions, prayer offers reflection and respite. When prayed in congregation, it offers a chance for connection with the community. WVMA is that community and that space for Muslims in Los Gatos and the surrounding areas.

My father loves the mosque—it is his happy place. Every morning, he goes to the mosque to pray. Every night, if possible, he goes to the mosque to pray. As a child, I would go with him and often appreciated the solitude of the early hours and late nights.

One of the blessings of being in America is that people are free to practice their religions and religious beliefs. I kindly request that the conditional use permit for our facility on Farley Road are accepted. In addition, I would like to kindly ask if the terms of the conditional use permit could, if possible, become permanent.

Thanks for your time and consideration, I know the WVMA has been an important part of the Muslim Community in the Bay Area, and we are grateful to the City of Los Gatos for hosting our beautiful community.

Kind regards,
Iqra Shaikh

ITEM NO. 8.

From: Michelle Noskowski < >
Sent: Monday, March 23, 2026 7:42 PM
To: Alexa Nolder <[email protected]>; Jocelyn Shoopman <[email protected]>; Planning <[email protected]>
Subject: Farley Road CUP Modification
March 23, 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:

As a resident of Los Gatos for 34 years, I am 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. on a very limited basis.

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.

ITEM NO. 8.

These measures ensure compliance and 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 and 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. This seems like a fair solution.

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

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

Sincerely,
Michelle Noskowski

ITEM NO. 8.

From: Rusty Dehorn < >
Sent: Monday, March 23, 2026 3:29 PM
To: Jocelyn Shoopman <[email protected]>
Subject: expanding the operating hours of Mosque on 16769 Farley Rd.

Hi JocelynI'm a Los Gatos resident at but lived at until September of 2023 which shares about 25 feet of fence with the Mosque. It has been painful to watch and hear about what my former neighbors are dealing with regarding the use of the Mosque. The Mosque population is not abiding by their current use permit and now they want further expanded hours and more people permitted.

We invest large amounts of money to live a neighborhood life in Los Gatos. We depend on the town to stand up for current residents and enforce laws that protect the character of Los Gatos. I know this can be intimidating when large religious organizations, state laws and federal laws get involved. But please stand up for residents and not approve the new CUP.

Thanks,
Rusty Dehorn

ITEM NO. 8.

ITEM NO. 8.

From: Lorraine Hepworth < >
Sent: Monday, March 23, 2026 3:24 PM
To: Jocelyn Shoopman <[email protected]>;
[email protected] <[email protected]>
Cc: < >; Rabbi Rafi Ellenson
< >
Subject: Letter of support from Los Gatos Interfaith Council Jocelyn,
Many members of our Los Gatos Interfaith Council prepared and signed this letter in support of the West Valley Muslim Association for their hearing on Wednesday evening. See attached.

Look forward to seeing you Wednesday.

Lorraine Hepworth

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

DESK ITEM
DATE: March 25, 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 14 includes supplemental information from the applicant.

Exhibit 15 includes a letter from the applicant’s legal counsel.

Exhibit 16 includes additional public comment received between 3:01 p.m., Tuesday, March 24, 2026, and 11:00 a.m., Wednesday, March 25, 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
ATTACHMENT 4

ITEM NO. 8.

PAGE 2 OF 2
SUBJECT: 16769 Farley Road/U-24-010
DATE: March 25, 2026

9. Applicant's Response to Public Comments Regarding Noise

10. Additional Information from the Applicant

11. Public Comments Received by 11:00 a.m., Friday, March 20, 2026, with Attachment A, Videos Provided as Part of Public Comments
Previously Received with the March 23, 2026, Addendum Report:

12. Public Comments Received Between 3:01 p.m., Friday, March 20, 2026, and 3:00 p.m., Monday, March 23, 2026
Previously Received with the March 24, 2026, Addendum Report 2:

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

14. Supplemental Information from the Applicant

15. Letter from the Applicant’s Legal Counsel

16. Public Comments Received Between 3:01 p.m., Tuesday, March 24, 2026, and 11:00 a.m., Wednesday, March 25, 2026

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ITEM NO. 8.

REUBEN, JUNIUS & ROSE, LLP
Matthew D. Visick
March 25, 2026
Delivered Via Electronic Mail Only ([email protected]) Planning Commission
Town of Los Gatos
110 E. Main Street
Los Gatos, CA 95030
Re: 16769 Farley Road
RLUIP A and the Evidence in the Record
Honorable Chair and Members of the Planning Commission, This office is counsel to the West Valley Muslim Association regarding its pending application to amend its use permit. The Staff Repo1t for this item provides an overview of the relevant law and attaches hundreds of pages of potentially relevant documents. Many of the written and video comments in opposition lack evidentiaiy suppo1t. The application also implicates significant constitutional issues given the religious nature of the use. The Commission is left in a difficult position. The law is elem· that the Commission's decision must be suppo1ted by actual, competent evidence in the record. (Topanga Ass'n for a Scenic Community v. County of Los Angeles (1974 ) 11 Cal.3d 506, 515. ) i Federal law also requires that
the Commission interpret the constitutional protections "in favor of a broad protection of religious exercise, to the maximum extent pennitted .... " (42. U.S.C. §2000cc-3(g ).) This letter explains our understanding of how the law applies to the evidence.

RLUIPA
The Commission's discretion is significantly limited by the Religious Land Use and Institutionalized Persons Act ("RLUIPA "), which applies strict scrntinyii to land use decisions that substantially burden the exercise of religion. The attached appellate decision in Harbor Missionary Church Corp. v City of San Buenaventura ove1tuming the denial of a conditional use pennit for a soup kitchen in a residential ai·ea is instrnctive.iii We urge the Commissioners to review it prior to the heai·ing. As explained on pages 6 and 7 of that decision:

To succeed on a RLUIPA claim, "the plaintiff must demonstrate that a government action has imposed a substantial burden on the plaintiff's religious exercise." Int'! Church of the Foursquare Gospel v. City of San Leandro, 673 F.3d 1059, 1066 (9th Cir. 2011 ); see 42 U. S. C. § San Francisco Office Oakland Office
One Bush Street. Suite 600. San Francisco. CA 94104 492 9'" Street. Suite 200. Oakland. CA 94607 IQ!, /, 15-567-9000 11�,, /, 15-399-9•80 tole 510-527-5589 \A/IA/W.rQubonl;iiw.com EXHIBIT 15 Page 895
ITEM NO. 8.

Planning Commission
Town of Los Gatos
March 24, 2026

2000cc(a)(1). Once the plaintiff has shown a substantial burden, the government must show that its action was “the least restrictive means of furthering [a] compelling governmental interest.” 42 U.S.C. § 2000cc(a)(1)(B).

Here, the applicant has clearly demonstrated that denial of the proposed use permit amendment would substantially burden its own interests and those of its membership.

Evidence: Agenda Packet, pp. 55-60 (Letter of Justification, April 29, 2025) [See “Reasons for Modifications” and “Conditional Use Permit Findings”]; Application, Appendix (Additional Educational Background).

In an effort to show a compelling governmental interest that would justify denial of the proposed use permit amendment, neighbors opposed to the project argue that approval would cause noise, safety, and other impacts. Their evidence is their subjective experience, videos taken on their personal phones, an informal noise analysis.

Evidence: See generally, Agenda Packet, Exhibit 11 (Public Comments); Addendum 1, Exhibit 12 (Public Comments); Addendum 2, Exhibit 13 (Public Comments).

Conspicuously, the neighbors fail to address the competent and relevant evidence in the record before you:
- The professional noise study by Salter, a highly regarded noise consultant, demonstrating the very minimal noise increase from the proposed use permit amendment and explaining why the neighbor’s noise analysis is not accurate.

Evidence: Agenda Packet, pp. 99-109 (Salter Noise Analysis); Agenda Packet, pp. 113-115 (Salter Acoustic Review of Public Comments). and
- The past two years of abbreviated Ramadan prayers conducted under intense scrutiny and with oversight from public safety personnel, which demonstrated that these events could be held without frustrating a compelling governmental interest.

Evidence: Agenda Packet, pp. 72-74 (Letter of Justification, April 29, 2025) [See “Ramadan 2025 Experience”]; Agenda Packet, pp. 81-97 (Neighborhood Outreach).
and
- The Town’s 1990 determination that a 682-seat institution for religious observance with 186 parking spaces at this location is compatible with the surrounding neighborhood.iv
Evidence: Agenda Packet, pp. 33-34 (1990 CUP, U-89-11); Agenda Packet, pp. 121-24 (Historic Context); Town Laserfiche References: Planning / Address Files

ITEM NO. 8.

Planning Commission
Town of Los Gatos
March 24, 2026

/ Farley Road / 16769 / 4. Microfiche, pp 29, pp 36; Town Laserfiche References:

Building / Address Files / Farley Road / 16769 / Microfiche / All-Microfiche, pp 157, pp 163.

And
More recently, the personal observations of a neighbor formerly opposed to the application who has lived three houses down from the WVMA property for 50 years, that describe WVMA members as “respectful” and “orderly”, reinforce that they “arrive and depart quietly”, characterize traffic as “limited in duration”, and note “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.”
Evidence: Agenda Packet, pp. 432-33.

In sum, the evidence shows (1) a substantial burden if the use permit amendment were denied and (2) the absence of a compelling governmental interest to deny or impose conditions on the amendment.

We look forward to addressing these points in greater detail at the hearing.

Very truly yours,

REUBEN, JUNIUS & ROSE, LLP
Matthew D. Visick
i When acting in an adjudicatory capacity, a city must support its determination by written findings. Topanga Ass’n for a Scenic Community v County of Los Angeles (1974) 11 C3d 506, 515. Those findings must “bridge the analytic gap between the raw evidence and ultimate decision or order.” Id. at 515. The findings must be “sufficient both to enable the parties to determine whether and on what basis they should seek review and, in the event of review, to apprise a reviewing court of the basis for the board’s action.” Id. at 514. The findings are not sufficient if the reviewing court must “speculate as to the administrative agency’s basis for decision.” Id. at 515. ii Guru Nanak Sikh Society of Yuba City v. County of Sutter (2006) 456 F.3d 978, 993 (strict scrutiny). iii The decision in Harbor Missionary Church Corp. v. City of San Buenaventura (unpublished) was long anticipated by land use practitioners. We understand that following the remand of the case to the trial court, the parties entered into a settlement agreement that allowed the soup kitchen use to continue at the site. iv The Town would find it difficult to make a different determination now. (See Knickerbocker v. City of Stockton (1988) 199 Cal.App.3d 235, 240 (administrative res judicata); see also RLUIPA (substantial burden)).

ITEM NO. 8.

NOT FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

HARBOR MISSIONARY CHURCH

CORPORATION,
Plaintiff - Appellant,
v.

CITY OF SAN BUENAVENTURA;
JEFFREY LAMBERT, in his official
capacity as Community Development
Director; MARK WATKINS, in his
official capacity as City Manager;
CHERYL HEITMANN, in her official
capacity as Mayor and presiding City
Councilmember; ERIK NASARENKO, in
his official capacity as Deputy Mayor and
City Councilmember; NEAL ANDREWS,
in their official capacities as City
Councilmembers; JAMES L. MONAHAN,
in their official capacities as City
Councilmembers; CARL E.

MOREHOUSE, in their official capacities
as City Councilmembers; MIKE TRACY,
in their official capacities as City
Councilmembers; CHRISTY WEIR, in
their official capacities as City
Councilmembers; DAN LONG, in his
official capacity as Chair of the Planning
No. 14-56137
D.C. No. 2:14-cv-03730-R-VBK
MEMORANDUM*
FILED
MAR 14 2016
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
* This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.

Case: 14-56137, 03/14/2016, ID: 9900179, DktEntry: 72-1, Page 1 of 10 (1 of 15)

ITEM NO. 8.

Commission; NANCY FRANCIS, in her
official capacity as Vice Chair of the
Planning Commission; CHRISTOPHER
BECK, in their official capacities as
Planning Commissioner; SCOTT
BOYDSTUN, in their official capacities as
Planning Commissioner; LAURA
DUNBAR, in their official capacities as
Planning Commissioner; DAVID
FERRIN, in their official capacities as
Planning Commissioner; RONDI
GUTHRIE, in their official capacities as
Planning Commissioner,
Defendants - Appellees.

Appeal from the United States District Court
for the Central District of California
Manuel L. Real, District Judge, Presiding
Argued and Submitted February 2, 2015
Pasadena, California
Before: PREGERSON, KLEINFELD, and NGUYEN, Circuit Judges.

In 2008, Harbor Missionary Church (“the Church”) commenced Operation Embrace to provide limited care and religious services for homeless men and women living in Ventura (officially the City of San Buenaventura) (“the City”). In January 2013, the City told the Church that it needed to obtain a conditional use permit to continue its homeless ministry. In February 2013, the Church applied for a conditional use permit, which the City denied. The Church then filed suit 2 Case: 14-56137, 03/14/2016, ID: 9900179, DktEntry: 72-1, Page 2 of 10 (2 of 15)

ITEM NO. 8.
claiming that the City’s denial infringed on its religious practices and, pending the lawsuit, sought a preliminary injunction to keep open its ministry to the homeless.

The district court denied the Church’s request, holding that a preliminary injunction was not appropriate because the Church faced no substantial burden in having to move its “homeless services” to another location, and, even if it did, the complete denial of the permit was the least restrictive way to mitigate the City’s safety concerns. We reverse the district court’s substantial burden determination and its least restrictive means analysis, and remand.

BACKGROUND
In 2004, the Church purchased real property already permitted by the City to operate both as a church and a daycare center. In 2008, the Church started Operation Embrace on this property to provide spiritual guidance and other basic needs to the City’s homeless men and women—offering religious teachings, worship music, prayer, clothing, food, showers, counseling, and other support.

The Church believes that its homeless ministry is part of its religious duty to serve “the least of these” among us (citing Matthew 25:34–46). The Church also believes that providing showers and clothing and sharing meals with homeless men and women—when done within the walls of the Church under a religious mandate—constitute sacred duties.
3 Case: 14-56137, 03/14/2016, ID: 9900179, DktEntry: 72-1, Page 3 of 10 (3 of 15)

ITEM NO. 8.

Operation Embrace drew in homeless individuals from surrounding areas, which prompted concerns from the neighborhood. Residents reported incidents involving threats, trespassing, public nudity, and substance abuse. The Church took a variety of steps to address these concerns, including employing a security guard, enforcing a strict no-loitering rule, requiring identification, escorting out of the neighborhood anyone not admitted to Church services, coordinating regularly with social service agencies, strengthening its neighborhood patrols, maintaining a public hotline for complaints, and coordinating its hours of operation with the elementary school.

In January 2013, the City told the Church that it needed a conditional use permit to continue Operation Embrace. In February 2013, the Church applied for a permit. City staff members, after studying the issue, meeting with Church officials, and hosting a public meeting, issued a report recommending that the City grant the permit subject to conditions proposed by the staff. Despite these recommendations, the City Planning Commission denied the Church’s request for a conditional use permit flat-out.

The Church then filed suit in the district court claiming that the City’s denial of a conditional use permit violated the Church’s rights under the Religious Land 4 Case: 14-56137, 03/14/2016, ID: 9900179, DktEntry: 72-1, Page 4 of 10 (4 of 15)

ITEM NO. 8.

Use and Institutionalized Persons Act (“RLUIPA”)
1 and the First Amendment of
the United States Constitution.2 The Church asked the court to preliminarily enjoin the City from enforcing regulations that would shut down the Church’s homeless ministry, pending the outcome of the lawsuit.

The district court determined that the Church was unlikely to succeed on its RLUIPA claim and therefore denied the preliminary injunction. The district court held that the Church failed to show that the denial of a conditional use permit constituted a substantial burden on its religious exercise because the Church could continue its traditional religious activities at the church, while conducting its “homeless services” at another location at a distance from the neighborhood. The district court also held that, even if the burden on the Church’s religious exercise were substantial, excluding Operation Embrace from the neighborhood was the least restrictive means of advancing a compelling governmental interest in public health and safety.
1 RLUIPA provides that a government land-use regulation “that imposes a substantial burden on the religious exercise of a . . . religious assembly or institution” is unlawful “unless the government demonstrates that imposition of the burden . . . is in furtherance of a compelling governmental interest; . . . and is the least restrictive means of furthering that compelling governmental interest.” 42 U.S.C. § 2000cc(a).
2 RLUIPA is more protective of religious practice than the First Amendment.

See Mayweathers v. Newland, 314 F.3d 1062, 1070 (9th Cir. 2002). Accordingly, we only need to determine whether the Church established a likelihood of success on its RLUIPA claim.
5 Case: 14-56137, 03/14/2016, ID: 9900179, DktEntry: 72-1, Page 5 of 10 (5 of 15)

ITEM NO. 8.

The district court erred in its analysis by minimizing the burden imposed on the Church’s free exercise of religion. The district court also erred in failing to properly consider the conditions recommended by the City’s staff when it determined that a complete denial of the conditional use permit was the least restrictive means to achieve the City’s compelling interest in public safety.

ANALYSIS
This court has jurisdiction over the Church’s interlocutory appeal from the district court’s order pursuant to 28 U.S.C. § 1292(a)(1). We review a district court’s decision regarding a preliminary injunction for abuse of discretion. Bay Area Addiction Research & Treatment, Inc. v. City of Antioch, 179 F.3d 725, 730 (9th Cir. 1999).

A party seeking a preliminary injunction must establish that: (1) it is likely to succeed on the merits, (2) it is likely to suffer irreparable harm in the absence of preliminary relief, (3) the balance of equities tips in its favor, and (4) a preliminary injunction is in the public interest. Winter v. Nat. Res. Def. Council, Inc., 555 U.S. 7, 20 (2008).

1. Likelihood of Success on the Merits
To succeed on a RLUIPA claim, “the plaintiff must demonstrate that a government action has imposed a substantial burden on the plaintiff’s religious 6 Case: 14-56137, 03/14/2016, ID: 9900179, DktEntry: 72-1, Page 6 of 10 (6 of 15)

ITEM NO. 8.
exercise.” Int’l Church of the Foursquare Gospel v. City of San Leandro, 673 F.3d 1059, 1066 (9th Cir. 2011); see 42 U.S.C. § 2000cc(a)(1). Once the plaintiff has shown a substantial burden, the government must show that its action was “the least restrictive means of furthering [a] compelling governmental interest.” 42 U.S.C. § 2000cc(a)(1)(B).
a. Substantial Burden
The City’s denial of the conditional use permit prevents the Church from conducting its homeless ministry, an integral part of its religion, without suffering substantial delay, uncertainty, and expense. Therefore, the district court erred in determining that the Church’s religious exercise was not substantially burdened by denial of a conditional use permit.

In a declaration, the pastor of the Church, Sam Gallucci, cites to the Bible at Matthew 25:34–46 as one of the sources for the Church’s belief that its homeless ministry is part of its religious duty to feed the hungry and clothe the naked.

Gallucci also cites to the mother Church’s position papers, which provide that the Church should exercise “Christian compassion” towards the oppressed, poor, and hungry. The Church asserts that its religion calls for it “to provide for both spiritual and temporal needs together.” The district court erred by questioning the validity of the Church’s religious beliefs and by determining that its homeless 7 Case: 14-56137, 03/14/2016, ID: 9900179, DktEntry: 72-1, Page 7 of 10 (7 of 15)

ITEM NO. 8.
ministry could be divided piecemeal when the Church insisted on the importance of keeping its homeless ministry as a whole at the same location. See Int’l Church of the Foursquare Gospel, 673 F.3d at 1069 (“[W]hile a court can arbiter the sincerity of an individual’s religious beliefs, courts should not inquire into the truth or falsity of stated religious beliefs.” (citing United States v. Ballard, 322 U.S. 78, 86–87 (1944)).

Further, the City’s denial of a conditional use permit prevents the Church from conducting its homeless ministry at its current location. Currently, if the Church wishes to conduct its homeless ministry—a ministry the Church believes to be an integral part of its religious exercise—the Church must relocate. In addition to selling its current property, the Church would have to raise an estimated $1.4 million to relocate, an expense the City does not dispute. The substantial cost associated with relocating the site of the Church demonstrates that the denial of the conditional use permit substantially burdens the Church’s religious exercise. See id. at 1068 (“[W]hen the religious institution has no ready alternatives, or where the alternatives require substantial delay, uncertainty, and expense, a complete denial of the [religious institution’s] application might be indicative of a substantial burden.” (alteration in original) (quotation omitted)). b. Least Restrictive Means
8 Case: 14-56137, 03/14/2016, ID: 9900179, DktEntry: 72-1, Page 8 of 10 (8 of 15)

ITEM NO. 8.

Because the Church has shown a substantial burden, the City must show that it employed the least restrictive means available to further a compelling governmental interest. Id. at 1066. The district court did not err in finding that the City had a compelling interest in promoting public safety and in preventing crime.

See Schall v. Martin, 467 U.S. 253, 264 (1984) (holding that protecting the community from crime is a compelling interest). But the district court failed to apply the proper analysis when it determined that the City used the least restrictive means to achieve this goal.

At the City’s suggestion, the Church applied for a conditional use permit to continue its homeless ministry. The application detailed a wide variety of measures the Church had implemented to address the concerns of its neighbors.

The City’s staff charged with assessing the Church’s application recommended that the use permit be approved, subject to additional conditions to further mitigate some of the outreach program’s impacts on the local community. The City concedes that it considered such a conditional use permit as a potentially less restrictive way to achieve the City’s interests. Though the record is mixed, evidence indicates that implementing these conditions might have achieved the City’s health and safety interests, and that the Church was perhaps willing to comply with some of the suggested conditions. Nevertheless, the district court 9 Case: 14-56137, 03/14/2016, ID: 9900179, DktEntry: 72-1, Page 9 of 10 (9 of 15)

ITEM NO. 8.
failed to give appropriate consideration to the viability of such a conditional use permit when, in a single sentence, it concluded summarily that Operation Embrace was “so incompatible” with the neighborhood and so detrimental to public safety that outright denial was the City’s only option.

The district court abused its discretion when it concluded, without analysis, that a complete denial of the conditional use permit was the least restrictive means by which the City could further its compelling interest in public safety. On remand, the district court should make factual findings, after such proceedings as may be necessary, about what conditions, if any, the Church would or would not comply with if the City had granted a conditional use permit. The court should also detail why the conditional use permit recommended by the City’s staff would or would not sufficiently protect the neighborhood from any negative effects shown to be the result of the Church’s ministry to the homeless.

CONCLUSION
For the above reasons, we reverse the district court’s denial of the preliminary injunction and remand for further proceedings consistent with the views herein expressed.

REVERSED AND REMANDED.
10 Case: 14-56137, 03/14/2016, ID: 9900179, DktEntry: 72-1, Page 10 of 10 (10 of 15)

ITEM NO. 8.

Post Judgment Form - Rev. 08/2013 1
United States Court of Appeals for the Ninth Circuit
Office of the Clerk
95 Seventh Street
San Francisco, CA 94103
Information Regarding Judgment and Post-Judgment Proceedings Judgment
• This Court has filed and entered the attached judgment in your case.

Fed. R. App. P. 36. Please note the filed date on the attached decision because all of the dates described below run from that date, not from the date you receive this notice.

Mandate (Fed. R. App. P. 41; 9th Cir. R. 41-1 & -2)
• The mandate will issue 7 days after the expiration of the time for filing a petition for rehearing or 7 days from the denial of a petition for rehearing, unless the Court directs otherwise. To file a motion to stay the mandate, file it electronically via the appellate ECF system or, if you are a pro se litigant or an attorney with an exemption from using appellate ECF, file one original motion on paper.

Petition for Panel Rehearing (Fed. R. App. P. 40; 9th Cir. R. 40-1) Petition for Rehearing En Banc (Fed. R. App. P. 35; 9th Cir. R. 35-1 to -3) (1) A. Purpose (Panel Rehearing):
• A party should seek panel rehearing only if one or more of the following grounds exist:
► A material point of fact or law was overlooked in the decision; ► A change in the law occurred after the case was submitted which appears to have been overlooked by the panel; or
► An apparent conflict with another decision of the Court was not addressed in the opinion.
• Do not file a petition for panel rehearing merely to reargue the case.

B. Purpose (Rehearing En Banc)
• A party should seek en banc rehearing only if one or more of the following grounds exist:

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ITEM NO. 8.

Post Judgment Form - Rev. 08/2013 2
► Consideration by the full Court is necessary to secure or maintain uniformity of the Court’s decisions; or
► The proceeding involves a question of exceptional importance; or ► The opinion directly conflicts with an existing opinion by another court of appeals or the Supreme Court and substantially affects a rule of national application in which there is an overriding need for national uniformity.
(2) Deadlines for Filing:
• A petition for rehearing may be filed within 14 days after entry of judgment. Fed. R. App. P. 40(a)(1).
• If the United States or an agency or officer thereof is a party in a civil case, the time for filing a petition for rehearing is 45 days after entry of judgment.

Fed. R. App. P. 40(a)(1).
• If the mandate has issued, the petition for rehearing should be accompanied by a motion to recall the mandate.
• See Advisory Note to 9th Cir. R. 40-1 (petitions must be received on the due date).
• An order to publish a previously unpublished memorandum disposition extends the time to file a petition for rehearing to 14 days after the date of the order of publication or, in all civil cases in which the United States or an agency or officer thereof is a party, 45 days after the date of the order of publication. 9th Cir. R. 40-2.
(3) Statement of Counsel
• A petition should contain an introduction stating that, in counsel’s judgment, one or more of the situations described in the “purpose” section above exist. The points to be raised must be stated clearly. (4) Form & Number of Copies (9th Cir. R. 40-1; Fed. R. App. P. 32(c)(2)) • The petition shall not exceed 15 pages unless it complies with the alternative length limitations of 4,200 words or 390 lines of text. • The petition must be accompanied by a copy of the panel’s decision being challenged.
• An answer, when ordered by the Court, shall comply with the same length limitations as the petition.
• If a pro se litigant elects to file a form brief pursuant to Circuit Rule 28-1, a petition for panel rehearing or for rehearing en banc need not comply with Fed. R. App. P. 32.

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ITEM NO. 8.

Post Judgment Form - Rev. 08/2013 3
• The petition or answer must be accompanied by a Certificate of Compliance found at Form 11, available on our website at www.ca9.uscourts.gov under Forms.
• You may file a petition electronically via the appellate ECF system. No paper copies are required unless the Court orders otherwise. If you are a pro se litigant or an attorney exempted from using the appellate ECF system, file one original petition on paper. No additional paper copies are required unless the Court orders otherwise.

Bill of Costs (Fed. R. App. P. 39, 9th Cir. R. 39-1)
• The Bill of Costs must be filed within 14 days after entry of judgment. • See Form 10 for additional information, available on our website at www.ca9.uscourts.gov under Forms.

Attorneys Fees
• Ninth Circuit Rule 39-1 describes the content and due dates for attorneys fees applications.
• All relevant forms are available on our website at www.ca9.uscourts.gov under Forms or by telephoning (415) 355-7806.

Petition for a Writ of Certiorari
• Please refer to the Rules of the United States Supreme Court at www.supremecourt.gov
Counsel Listing in Published Opinions
• Please check counsel listing on the attached decision. • If there are any errors in a published opinion, please send a letter in writing within 10 days to:
► Thomson Reuters; 610 Opperman Drive; PO Box 64526; St. Paul, MN 55164- 0526 (Attn: Jean Green, Senior Publications Coordinator); ► and electronically file a copy of the letter via the appellate ECF system by using “File Correspondence to Court,” or if you are an attorney exempted from using the appellate ECF system, mail the Court one copy of the letter.

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ITEM NO. 8.

Form 10. Bill of Costs ................................................................................................................................(Rev. 12-1-09) United States Court of Appeals for the Ninth Circuit

BILL OF COSTS
Note: If you wish to file a bill of costs, it MUST be submitted on this form and filed, with the clerk, with proof of service, within 14 days of the date of entry of judgment, and in accordance with 9th Circuit Rule 39-1. A late bill of costs must be accompanied by a motion showing good cause. Please refer to FRAP 39, 28 U.S.C. § 1920, and 9th Circuit Rule 39-1 when preparing your bill of costs. v. 9th Cir. No.

The Clerk is requested to tax the following costs against:

Cost Taxable
under FRAP 39,
28 U.S.C. § 1920,
9th Cir. R. 39-1

REQUESTED
(Each Column Must Be Completed)

ALLOWED
(To Be Completed by the Clerk)
No. of
Docs.

Pages per
Doc.

Cost per
Page*
TOTAL
COST
TOTAL
COST
Pages per
Doc.

No. of
Docs.

Excerpt of Record
Opening Brief
Reply Brief
$
$
$
$
$
$
$ $
Other**
Answering Brief
$ $
$
$
$
$
$
$
$
$
$
$
TOTAL: TOTAL: $ $
* Costs per page: May not exceed .10 or actual cost, whichever is less. 9th Circuit Rule 39-1.

Cost per
Page*
Any other requests must be accompanied by a statement explaining why the item(s) should be taxed pursuant to 9th Circuit Rule 39-1. Additional items without such supporting statements will not be considered.

Attorneys' fees cannot be requested on this form.
** Other:

Continue to next page
This form is available as a fillable version at:
http://cdn.ca9.uscourts.gov/datastore/uploads/forms/Form%2010%20-%20Bill%20of%20Costs.pdf.

Case: 14-56137, 03/14/2016, ID: 9900179, DktEntry: 72-2, Page 4 of 5 (14 of 15)

ITEM NO. 8.

Form 10. Bill of Costs - Continued
I, , swear under penalty of perjury that the services for which costs are taxed were actually and necessarily performed, and that the requested costs were actually expended as listed.

Signature
Date
Name of Counsel:

Attorney for:

Date Costs are taxed in the amount of $
Clerk of Court
By: , Deputy Clerk
(To Be Completed by the Clerk)
("s/" plus attorney's name if submitted electronically) Case: 14-56137, 03/14/2016, ID: 9900179, DktEntry: 72-2, Page 5 of 5 (15 of 15)

ITEM NO. 8.

From: ana Z < >
Sent: Wednesday, March 25, 2026 10:46 AM
To: Planning <[email protected]>
Subject: approve WVMA’s CUP modification
Hello,
My name is Ana Zeiger and I shop, dine, and attend a support group in Los Gatos. I am writing today in support of granting the CUP for extended hours to the West Valley Muslim Association.

Especially as a Jewish person, I believe in a Los Gatos community where our diverse practices and faith traditions are celebrated and honored. For this reason, I am writing today to ask the Planning Commission to approve WVMA’s CUP modification and grant extended hours so that our neighbors can pray and observe Ramadan together, and so Los Gatos can be a community where we all belong.

Thank you,
Ana Zeiger

ITEM NO. 8.

From: Elisa Koff-Ginsborg < >
Sent: Wednesday, March 25, 2026 10:46 AM
To: Planning <[email protected]>
Cc: Rabbi Rafi Ellenson < >
Subject: Public Comment Item #2

Honorable Members of the Los Gatos Planning Commission:

I am writing as a member of Congregation Shir Hadash in Los Gatos for the past 27 years to express my strong support for the revised Conditional Use Permit for the West Valley Muslim Association.

The proposed updates would allow the Los Gatos Islamic Center to extend its operating hours in a reasonable and meaningful way: outside of Ramadan, beginning 1.5 hours before sunrise for morning prayers and ending at 10:30 PM; and during Ramadan, permitting indoor nighttime prayer services until 11:30 PM when sunset is before 7:30 PM, and until 12:00 AM when sunset is later.

Over nearly three decades, I have attended religious services, celebrated family milestones, grieved losses, and volunteered alongside others in my Shir Hadash community. I am deeply grateful to have a religious home in Los Gatos.

In my visits to the Los Gatos Islamic Center, I have seen a similar sense of community—people coming together to pray, support one another, celebrate, and contribute to the broader community. I participated in a WVMA volunteer project preparing food for those who are unhoused, and I attended Iftar this year, where I experienced the rituals and spirit of Ramadan firsthand. On both occasions, the environment—including traffic and parking—felt comparable to what I experience at my synagogue and in my neighborhood.

WVMA has demonstrated that it meets the standards set by the Town of Los Gatos and has taken thoughtful steps to mitigate impacts on the surrounding neighborhood.

I respectfully urge you to approve the proposed revisions to the Conditional Use Permit so that Muslim residents can fully practice essential elements of their faith within our community.

Sincerely,
Elisa Koff-Ginsborg

ITEM NO. 8.

From: Vivek Kembaiyan < >
Sent: Wednesday, March 25, 2026 10:06 AM
To: Planning <[email protected]>
Subject: Public Comment Item #2 - Approve WVMA CUP extended hours Dear Members of the Planning Commission,
I am writing to express my strong support for the approval of the West Valley Muslim Association's Conditional Use permit modification, which I believe is item #2 on tonight's agenda. I do this on behalf of Hindus for Human Rights and our Hindu members in and around Los Gatos.

My name is Vivek Kembaiyan, and I am an organizer at Hindus for Human Rights, a US-based nonprofit organization founded in 2019. We advocate for pluralism and civil and human rights in South Asia and North America, rooted in the values of our Hindu faith: shanti (peace), nyaya (justice) and satya (truth). We provide a Hindu voice of resistance to caste, Hindu supremacy, racism, and all forms of bigotry and oppression. We have many members in Los Gatos, as well as throughout Santa Clara County and the Bay Area.

As members of a minority faith community in the United States, we understand how critically important it is for all people of faith to be able to worship in community. Los Gatos has a rich history of diversity and welcoming people of all backgrounds to join and contribute to their community, and West Valley Muslim Association is an important part of that. We want to see Los Gatos continue to set an example for other communities throughout the country of how people from many diverse backgrounds can live and pray alongside each other in peace and harmony.

It is with that in mind that I respectfully ask the commision to approve West Valley Muslim Association's conditional use permit modification at tonight's meeting. I would be very happy to talk more about why we support this important issue, and why it is critically important to our members and our community.

Sincerely,

Vivek Kembaiyan

--
Vivek Kembaiyan
Western Regional Organizer
Hindus for Human Rights

ITEM NO. 8.

From: thanh tran < >
Sent: Wednesday, March 25, 2026 7:59 AM
To: Michael Vroman <[email protected]>
Cc: Town PPW <[email protected]>; Wife Tran < >; Rob Moore <[email protected]>; Planning <[email protected]> Subject: Re: Speed bumps request
In addition, here’s the research on traffic accidents on our street from the Town’s official accident reports:

The Town Clerk’s official accident reports reveal a documented safety crisis. 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.

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.

Thanks,
Thanh

ITEM NO. 8.

From: thanh tran < >
Sent: Wednesday, March 25, 2026 6:03 AM
To: Michael Vroman <[email protected]>
Cc: Town PPW <[email protected]>; Wife Tran < >; Rob Moore <[email protected]>; Planning <[email protected]> Subject: Re: Speed bumps request
Hi Michael,
In light of tonight’s WVMA CUP hearing at the Town Hall, more than 70 homeowners have formally objected to the CUP due to significant public safety risks associated with the expected surge in traffic on Farley Road, Flintridge Drive, Chirco, and Izorah Way. This collective opposition further underscores the Town’s notice of escalating safety concerns. Accordingly, we request that the Town promptly revisit and reconsider our prior request for speed bumps.

While we understand the NTCP criteria, we remain concerned that reliance on the 85th percentile speed alone may not fully capture the safety conditions on Flintridge Drive. The difference between the measured speeds and the program threshold is minimal, yet residents continue to observe intermittent speeding and conditions that present a real risk to pedestrians, children, and daily neighborhood activity.

We want to ensure the Town is aware that residents have consistently raised these concerns, as this may constitute notice of a potentially dangerous condition of public property under California Government Code §§830 and 835. As you know, once a public entity is on notice, there is an obligation to consider reasonable measures to reduce foreseeable risk.

We agree that enforcement can play a role, but as a temporary and resource-dependent solution, it may not adequately address ongoing conditions. For that reason, we respectfully request that the Town take a broader, safety-focused review of the situation, including consideration of alternative or preventative traffic calming measures.

Our goal is to work collaboratively with the Town to proactively address these concerns before a preventable incident occurs.

Thank you for your time and consideration.

Thanks,
Thanh & concerned neighbors

ITEM NO. 8.
-----Original Message-----
On Oct 27, 2025, at 10:37 AM, Michael Vroman <[email protected]> wrote:

Hello Thanh & Cortney,

Please accept my apologies for not responding to your September 20, 2025, email sooner.

Thanks again to you and your wife, Cortney, and your neighbors for submitting the Neighborhood Traffic Calming petition. As noted in the attached May 6, 2024 email to Cortney, the Town’s Neighborhood Traffic Calming Program (NTCP) has criteria which the neighborhood must meet or pass to qualify for a traffic calming project review. The initial speed study conducted on Flintridge Drive between Farley and Chirco in April 2022 showed an 85th percentile speed of 25.1 mph, which does not exceed the posted speed limit by 5 mph or more and does not meet the NTCP criteria. We conducted another speed study before school was out in May 2024, which showed an 85th percentile speed of just over 26 mph in each direction. Unfortunately, Flintridge Drive does not meet the criteria and does not qualify for the Town’s NTCP. Therefore, speed humps are not an option.

As the speed studies indicate, most motorists on Flintridge Drive are not speeding. For intermittent speeding vehicles, Police enforcement is the best solution. If you haven’t already, please call the Los Gatos-Monte Sereno Police Dispatch at 408.354.8600 to report speeders/unsafe driving. The more information (such as vehicle description, time periods when the speeding most often occurs, etc.) you can provide makes it easier to direct enforcement and make more effective use of the Police Department’s limited resources. I will forward a copy of this email to our Traffic Sergeant so he can add your street to the directed enforcement list.

Please let me know if you have any questions.

Thanks again for your patience and understanding.

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

Engineering Office Counter Hours: Monday-Friday 8:00am to 1:00pm

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

ITEM NO. 8.

From: thanh tran < >
Sent: Saturday, September 20, 2025 11:31 AM
To: Michael Vroman <[email protected]>
Cc: Town PPW <[email protected]>; Wife Tran < >; Eric Christianson <[email protected]>
Subject: Re: Speed bumps request

Hello Michael,

It has been more than 4 years since we have requested/submitted signed petition for PPW to address the ongoing speeding issue that the neighbors on Flintridge Drive, Los Gatos, are experiencing on a daily basis. Adding to the frustration is the heinous traffic caused by the Muslim Association located on Farley Rd (adjacent to Flintridge Dr). My children including myself have had many close calls where cars were zooming down Farley Rd, turning into Flintridge Dr, and almost hitting us when we were exiting our parked vehicle. Many people that don’t live in this community is also using Flintridge Dr as a thoroughfare to get to the light on Chirco and Los Gatos Blvd, zooming passing our home and all the neighbors on Flintridge. We are experiencing high volume of traffic at least 2 Fridays a month due to the Muslim Association’s gathering, it’s ridiculous! We are asking the Town to please consider installing traffic calming solution/speed bumps on our street (Flintridge Dr) to slow down the speeders. It only takes one speeder to hurt/kill someone on our street. Please help us address this issue to prevent any future disaster causing pain and suffering, and even vehicular accidental death to our neighbors.

I’m attaching photos of cars from Muslim Association, lined up at the light on Chirco to turn on Los Gatos Blvd, to get to the freeway. It was taken on a Friday at 2p, 8/29/25.

Much appreciated,

Tran Family & Flintridge Neighbors

ITEM NO. 8.
-----Original Message-----
On Sep 21, 2021, at 2:41 PM, thanh tran < > wrote:

Thank you Michael for the information on the speed humps. Do you happen to have a blank copy of the petition that I can have? The one you sent is a sample one that has been filled out.

Thank you in advance,
Thanh Tran
-----Original Message-----
On Sep 20, 2021, at 1:37 PM, Michael Vroman <[email protected]> wrote:

Hi Thanh,
Thank you for your vm message and your email. We understand your concerns regarding speeding traffic on Flintridge Drive are very important to you, your family and your neighbors.

As I mentioned in my vm message, the Town has a traffic calming policy for addressing speeding issues on residential streets and outlines the steps toward implementing traffic calming devices such as speed humps. Attached is a copy of the Town’s Neighborhood Traffic Calming Program (NTCP) and two sample petitions.

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

In the interim, for speeding vehicles, Police enforcement is the best solution. If you haven’t already, please call the Los Gatos-Monte Sereno Police Dispatch at 408.354.8600 to report speeders/unsafe driving. The more information (such as vehicle description, time periods when the speeding most often occurs, etc.) you can provide makes it easier to direct enforcement and make more effective use of the Police Department’s limited resources. I will forward a copy of this email to our Traffic Sergeant so he can add your street to the directed enforcement list, if it is not already on it.

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

Thank you.

Best regards,
Mike Vroman, T.E. ● Senior Traffic Engineer
Parks & Public Works Department ● 41 Miles Avenue, Los Gatos CA 95030 Ph: 408.399.5777 ● [email protected]

ITEM NO. 8.
www.losgatosca.gov ● https://www.facebook.com/losgatosca Engineering Office Counter Hours: Monday-Friday 8:00am to 1:00pm Please note the upcoming Town closure: November 25-26, 2021 This e-mail is intended only for the use of the individual(s) named in this e-mail. If you receive this e-mail and are not a named recipient, any use, dissemination, distribution or copying of the e-mail is strictly prohibited. If you have received this communication in error, please immediately notify us at the above e-mail address.
-----Original Message-----
From: Michael Vroman <[email protected]>
Sent: Monday, September 20, 2021 8:27 AM
To: Town PPW <[email protected]>
Subject: RE: Speed bumps request
Good morning Meredith,
Thanks for forwarding the email. I'll let them know the NTC process.

Best regards,
Mike
-----Original Message-----
From: Town PPW <[email protected]>
Sent: Monday, September 20, 2021 7:21 AM
To: Michael Vroman <[email protected]>
Cc: Town PPW <[email protected]>
Subject: FW: Speed bumps request
Good morning Mike,
Please see the email below.

Best regards,
Meredith Johnston

ITEM NO. 8.
-----Original Message-----
From: thanh tran < >
Sent: Saturday, September 18, 2021 12:49 PM
To: Town PPW <[email protected]>
Subject: Speed bumps request
Hi,

I have talked to some of my neighbors and we are all in favor of placing speed bumps on our street, in Los Gatos. We have many families with young children, including my own kids (8 & 9 yr old) that live on that street. Flintridge Dr is a thoroughfare that is used in the neighborhood to get to the light on Chirco Dr and Los Gatos Blvd. We have been experiencing vehicles speeding down the street on a daily basis. I’m fearful when my kids are out in the street riding their scooters or playing in front of the house. Please advise on how we can proceed with a petition to initiate this traffic calming process.

My address: , 95032.

Contact #:

Regards,
Thanh Tran

ITEM NO. 8.

From: Michael Vroman <[email protected]>
Sent: Saturday, September 20, 2025 11:31 AM
To:

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

Thanks again!
Mike
Mike Vroman, T.E. ● Senior Traffic Engineer
Parks & Public Works Department ● 41 Miles Avenue, Los Gatos CA 95030 Ph: 408.399.5777 ● [email protected]
www.losgatosca.gov ● https://www.facebook.com/losgatosca Engineering Office Counter Hours: Monday-Friday 8:00am to 1:00pm Please note the upcoming Town closure: May 27, 2024
This e-mail is intended only for the use of the individual(s) named in this e-mail. If you receive this e-mail and are not a named recipient, any use, dissemination, distribution or copying of the e-mail is strictly prohibited. If you have received this communication in error, please immediately notify us at the above e-mail address.

ITEM NO. 8.

From: cortney bui
Sent: Monday, May 6, 2024 1:32 PM
To: Michael Vroman <[email protected]>
Cc: Jessy Pu <[email protected]>; Town PPW <[email protected]>; Poopie Head Subject: Re: Neighborhood Traffic Calming Request
Hello, bumping this up! Do you have an update to this request we put in 2+years ago? thank you!
-----Original Message-----
On Monday, March 25, 2024 at 12:41:13 PM PDT, Cortney Bui < > wrote:

Hi Michael,
I wanted to follow up and see where this request is in queue. Any updates is greatly appreciated!
Thanks!
Cortney’s
-----Original Message-----
On Mar 9, 2022, at 5:55 PM, cortney bui < > wrote:

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

I hope this can get the process started.

Excited, and thank you!
-----Original Message-----
On Thursday, March 3, 2022, 06:23:48 PM PST, Michael Vroman <[email protected]> wrote:

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

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

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

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

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

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

Thanks again,
Mike Vroman, T.E. ● Senior Traffic Engineer Parks & Public Works Department ● 41 Miles Avenue, Los Gatos CA 95030
Ph: 408.399.5777 ● [email protected] www.losgatosca.gov ● https://gcc02.safelinks.protection.outlook.com/?url=https%3A%2F%2Fwww Engineering Office Counter Hours: Monday-Friday 8:00am to 1:00pm Please note the upcoming Town closure: January 17, 2022 This e-mail is intended only for the use of the individual(s) named in this e-mail. If you receive this e-mail and are not a named recipient, any use, dissemination, distribution or copying of the e-mail is strictly prohibited. If you have received this communication in error, please immediately notify us at the above e-mail address.

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

Can you let me know the process/next steps, petition form please? Thanks!
Cortney Bui
<1646877205633blob.jpg>

ITEM NO. 8.

From: Lisa Murphy < >
Sent: Wednesday, March 25, 2026 9:45 AM
To: [email protected] <[email protected]> Cc: Jocelyn Shoopman <[email protected]>; Alexa Nolder <[email protected]>; < >;
< >; Sblend Sblendorio < >; Ellie
Hale < >; Evann P.S. Addeo < >
Subject: Agenda Item 2, March 25, 2026, Public Comment
Dear Ms. Kendra Burch and Planning Commission Members,

Please find the attached letter from Mr. Sblendorio of Hoge Fenton. Thank you.

Lisa Murphy
Litigation Legal Administrative Assistant
D:+1.408.938.3873
O:+1.408.287.9501 | 55 South Market Street, Suite 900San José, CA 95113 United States email
click here to send us files securely
click here to receive valuable legal information
A member of Mackrell International, a Global Network of Independent Law Firms

ITEM NO. 8.

Sblend A. Sblendorio

4908-9586-2938v5
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 25, 2026
Ms. Kendra Burch, Chair
Los Gatos Planning Commission
[email protected]
Re: Meeting of the Town of Los Gatos Planning Commission Meeting Date: Wednesday, March 25, 2026
Agenda Item No.: 2
Objection to Legally Deficient CEQA Analysis & Other Comments to Staff Report Nature of Project: Application for Modification of Conditional Use Permit No. U-24-010 to Allow Material Expansion of Intensity of Use and to Permit Unlawful Assembly Uses During
Statutorily Mandated Quiet Hours in the Applicable Zone Nature of Objections: Failure to Perform Appropriate Environmental Review as Required by the California Environmental Quality Act;
and Unlawful Attempt to Either: (i) Amend the Zoning
Ordinance to Eliminate Quiet Hours, without appropriate Legislative action on the part of the Town Council and/or to (ii) Entirely Ignore Applicable Zoning Ordinance.

Subject Property Address: 16769 Farley Road, Los Gatos, California Our Clients: James Ratcliffe and Kimberly Ratcliffe
Our Matter No.: 210148
Dear Chairperson Burch and Honorable Members of the Los Gatos Planning Commission:

This law firm represents James and Kimberly Ratcliff, who own and reside in a single family residence located immediately adjacent to 16769 Farley Road, Los Gatos, which property is the subject of the above referenced application for modification of a Conditional Use Permit (the “Subject Property.”) Our clients submit this letter in response to the Town of Los Gatos’ staff report regarding the above referenced agenda item.

It is California law that all discretionary Projects (as defined in the California Environmental Quality Act, including the issuing and/or modification of Conditional Use Permits) must undergo environmental review prior to final approval, unless a specific statutory or categorical exemption applies to the particular Project at issue. (Cal. Code Regs.

Tit. 14, Sec. 15378.) The staff report in this matter (the “Staff Report”) asserts, without factual basis or legal authority of any nature whatsoever, that the proposed expansion of the operating hours of house of worship located in an R1 Residential Neighborhood by approximately 30% per day – all of which occur during statutorily mandated quiet hours in

ITEM NO. 8.

Ms. Kendra Burch, Chair
March 25, 2026

4908-9586-2938v5
the middle of the night – and the proposed expansion of onsite parking facilities by a similar amount - will result in negligible or no expansion of use of the Subject Property, and, therefore, the Project will have no environmental impact for purposes of CEQA, and that, it is, therefore, exempt from environmental review. As described below, this assertion is conclusory and impermissibly frustrates the purpose of CEQA to review a proposed Project in order to determine whether or not there will be a significant environmental impact. If staff is correct, then appropriate environmental review will make a determination of No Impact in accordance with CEQA.

Our clients urge the members of the Planning Commission to deny the CUP application on the grounds that the proposal to amend the CUP to allow late night and early morning use and to later expand parking capacity by approximately 30 spaces is a project that is not categorically exempt from the California Environmental Quality Act (“CEQA”). Accordingly, approving the application without the required environmental review would violate State Law (Pub. Resources Code, Sec. 21000 et seq.; Cal. Code Regs. Tit. 14, Sec. 15000 et seq.).

Additionally, approving an expanded use during quiet hours in a residential neighborhood is inconsistent with both the Town Code’s noise curfew ordinance and the Town’s General Plan, and thus would also constitute a violation of California law.

A. The Project’s impacts are not negligible, and therefore not categorically exempt from CEQA.

The Staff Report asserts, at pages 2, 9 and 10, that the Project is exempt from CEQA environmental review pursuant to Cal. Code Regs. Tit. 14, Sec. 15301 (“Existing Facilities”).

However, this Project does not closely resemble any of the examples of types of exempt Projects listed in the regulation, all of which relate to minor amounts of physical construction, where this project instead contemplates an expansion of the intensity of use.. “[A]n agency’s finding that a particular proposed project comes within one of the exempt classes necessarily includes an implied finding that the project has no significant effect on the environment.” (World Business Academy v. California State Lands Commission (2018) 24 Cal.App.5th 476, 496.) “The key consideration is whether the project involves negligible or no expansion of an existing use.” (Cal. Code Regs. Tit. 14, Sec. 15301.) Expansion of use does not merely mean a “change in use”, it also includes an expansion of the intensity of an existing use (see Communities for a Better Environment v.

South Coast Air Quality Management Dist. (2010) 48 Cal.4th 310.) Further, the findings should factor not only increases to physical use but also increases to operating hours. (see Sustainability, Parks, Recycling & Wildlife Defense Fund v. Department of Resources Recycling & Recovery (2019) 34 Cal.App.5th 676, 697 fn. 30 .)
Under the holding in World Business Academy v. California State Lands Commission, supra, the Staff Report’s assertion that the Project qualifies for an exemption implies that staff certifying that the changes in permitted use contemplated by the Project cannot possibly have any significant environmental effect. This assertion is made despite the fact that staff has not conducted any actual environmental review sufficient to make such a factual determination.

ITEM NO. 8.

Ms. Kendra Burch, Chair
March 25, 2026

4908-9586-2938v5
The fact is this CUP modification would increase the applicant’s permitted hours of operation by over 30%. The applicant seeks to expand its current permit which allows 14 hours operations per day, from 8:00 a.m. to 10:00 p.m., to over 18 hours per day, beginning as early as 4:16 a.m. extending to 10:30 p.m. and to even later at night than that during Ramadan (Applicant’s Revised Justification Letter, at pages 11-12.) This 30% increase is not only significant, its approval would be a violation of California law. To permit an exemption purely on ground that there is no expansion of physical square footage would mean that a community center or private sports club with a CUP in the Town’s R1 zoning could also expand from a 10:00 p.m. CUP specified closing time to a 24 hour per day operation without environmental review.

B. The Town may not rely on mitigations and conditions to qualify the project for categorical CEQA exemption.
“An agency may not evade CEQA by adopting mitigation measures simply to qualify a project for a categorical exemption.” (Sunflower Alliance v. Department of Conservation (2024) 105 Cal.App.5th 771, 789; citing, Salmon Protection & Watershed Network v. County of Marin (2004) 125 Cal.App.4th 1098, 1102 ) In the Salmon Protection & Watershed Network v. County of Marin case, Marin County “found that the project [in question], as conditioned and mitigated, would not have significant adverse environmental effects.” (Salmon Protection & Watershed Network v. County of Marin (2004) 125 Cal.App.4th 1098, 1104.) California’s Court of Appeal held that the “County erred in relying upon mitigation measures to grant a categorical exemption from CEQA” because “[o]nly those projects having no significant effect on the environment are categorically exempt from CEQA review. [citations] If a project may have a significant effect on the environment, CEQA review must occur and only then are mitigation measures relevant.” (Salmon Protection & Watershed Network v. County of Marin (2004) 125 Cal.App.4th 1098, 1102.) The Staff Report dated March 20, 2026, declares the project is categorically exempt from CEQA as an existing project with a negligible expansion of use under Cal. Code Regs.

Tit. 14, Sec. 15301 (staff report at pages 2 and 9.) However, to arrive at this conclusion, staff impermissibly finds specific environmental mitigations are necessary to avoid impacts.

Specifically, the staff report finds that, if approved, the expanded use:

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

2. “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;” and

3. “is required to comply with the noise mitigation, parking lot monitoring, and overflow parking plan set forth in the conditions of approval.”

ITEM NO. 8.

Ms. Kendra Burch, Chair
March 25, 2026

4908-9586-2938v5
(staff report at page 7.) These impact findings are not based merely on conditions ensuring compliance with existing Town Code standards but are based on mitigations specific to reducing noise, traffic and safety impacts to the surrounding residential neighborhood.

As in Salmon Protection & Watershed Network v. County of Marin, the staff report here explicitly relies on findings that the Project, as conditioned and mitigated, would not have significant adverse environmental effects rather than that the project has no impact. Should the Town approve the project based on mitigations, it subjects itself to reversible error, just as the County of Marin did.

Our clients urge the Planning Commission to reject the staff report’s recommendations and protect the Town’s interests by insisting that the Town conduct the necessary environmental review as required by CEQA.

C. California law prohibits the Planning Commission from making land use decisions which Violate the Zoning Ordinance and/or which are Inconsistent with the Town’s General Plan
Under Government Code Section 65852, zoning regulations must be uniform “for each class or kind of building or use of land throughout each zone,” but regulation in one type of zone may differ from another type of zone. This uniformity requirement prevents municipalities from allowing uses within a zone not permitted to other parcels.

In Neighbors in Support of Appropriate Land Use v. County of Tuolumne (2007) 157 Cal.App.4th 997, reversible error was found where Tuolumne County permitted landowners to host weddings and similar events, which was not an allowed use under the zoning ordinance, and therefore violated the uniformity requirement.

Here, approval of the CUP modification would necessarily violate the uniformity requirement because it would allow hours of operation not allowed by any other parcel in R1 zoning, which explicitly does not allow operations between the hours of 2:00 a.m. and 6:00 a.m. (Town Code, Sec. 29.20.185) or allow noise generation impacting residents outside the hours of the noise curfew from 10:00 p.m. to 8:00 a.m. (Town Code, Section 16.20.010).

Each city and county in California must have a general plan for development (Gov.

Code, § 65300) and local land use decisions, including zoning ordinances and land use permits, must be consistent with it. (Id., § 65860, subd. (a); Save Lafayette v. City of Lafayette (2022) 85 Cal.App.5th 842, 850.)
The Los Gatos General Plan establishes goal ENV-18 to:

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.
(Town of Los Gatos, 2040 General Plan, 8.11 Noise, at page 8-25.) The General Plan further defines noise sensitive land uses to include residences. (Town of Los Gatos, 2040 General

ITEM NO. 8.

Ms. Kendra Burch, Chair
March 25, 2026

4908-9586-2938v5
Plan, Key Terms, at page 8-3.) Additionally, the Town Code establishes a noise curfew from 8:00 a.m. to 10:00 p.m. (Town Code, Section 16.20.010).

The applicant’s proposed expanded use is entirely within the Town’s quiet hours.

Permitting this use goes against the principles of the General Plan and the Town Code and would deprive the residents of the neighborhood of the benefits of their residential zoning.

The Town does not have the authority to permit a use that so flagrantly violates the provisions of the General Plan, not merely for the applicant’s current use, but all future uses in perpetuity.

D. To determine a project’s impacts, the Town must measure a baseline for environmental analysis.

The staff report conclusively declares that because the site is currently used for religious observance and proposes no increase to square footage it would not result in an increase in traffic or other environmental impacts. (staff report at page 6 and 7.) It does this, inexplicably while noting “neighborhood concerns;” and while ignoring the Notice of Violation regarding noise, hours of operation, and number of attendees, which the Town issued to the applicant on July 5, 2024.

Additionally, the staff report both cites Town Code describing an intensification of use as an “increase of five (5) or more peak hour trips,” (staff report at page 6) and declares there will be no intensification of traffic (staff report at page 10) despite acknowledging the applicant’s plan to increase the number of parking spaces from 180 to 203 (staff report at page 8).

The conclusions of the staff report are not merely illogical, but are illegal in violation of CEQA:

A project may have a significant effect on the environment if it has the potential to degrade the quality of the environment, ... or to achieve short-term, to the disadvantage of long-term, environmental goals; is cumulatively considerable, such that its incremental effects are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects; or will cause substantial adverse effects on human beings, either directly or indirectly.
(World Business Academy v. California State Lands Commission (2018) 24 Cal.App.5th 476, 498.)
The staff report’s acknowledgment of the “neighborhood concerns” alone is sufficient to meet the threshold of a significant impact. Regardless, however, the Town has an obligation to
use some measure of the environment’s state absent the project, a measure sometimes referred to as the “baseline” for environmental analysis. [Citation.] The baseline must reflect the existing conditions at the time of the analysis, even if those conditions deviate from the level of development or activity authorized at a site.

ITEM NO. 8.

Ms. Kendra Burch, Chair
March 25, 2026

4908-9586-2938v5
(World Business Academy v. California State Lands Commission (2018) 24 Cal.App.5th 476, 498.)
Here, the staff report makes no mention of such baseline measurements. It simply assumes conformance with the existing permitting (e.g., assuming “[u]nder the current conditions, vehicles enter and exit the property for multiple services until 10:00 p.m. for most of the year,” (staff report at page 8)) without having studied the actual use characteristics, ignoring prior violations notices, and ignoring neighbor complaints and numerous reports of violations.

For these reasons, our clients request the Planning Commission deny the conditional use permit application, and that the Town proceed with necessary environmental review under CEQA, in order to avoid inevitable and protracted litigation.

To that end, our clients encourage the Town to engage in workshops with the residents of the neighborhood to ensure that impacts are well understood, even if that results in a mitigated negative declaration. By working with the residents, the mitigations will be targeted at solving the actual, measurable, impacts existing in the neighborhood. Such mitigations may include:

1. Prohibiting or significantly limiting non-residential street parking on Farley Road, and other connecting local streets, by issuing residential parking permits, prohibiting street parking for non-residents after 9:00 p.m.

2. Limit the number of attendees before 8 am to less than 25, as contemplated in the 2020 CUP approval documentation.

3. Limit weekend events, including festivals, weddings, receptions, and the like, to four per year, with a requirement to provide two-weeks notice to all residents within 1,000 feet and others who request notice. Parking should be limited to only on-site parking for such weekend events as well.

4. No amplification outside, at all times. And no amplification inside before 8:00 a.m. and after 10:00 p.m.

5. The applicant must block portions of the parking lot adjacent to our client’s property on weekends, weeknights, and at night when the lot is not at full capacity.

6. The applicant must provide traffic management for egress when the parking lot at all times of years, so that Farley Road is not overly congested or obstructed to residential and emergency vehicle access. The traffic management must ensure there are breaks in the traffic such that residents may enter or exit their own driveways and otherwise access Farley Road.

7. The applicant, at its own expense must provide for traffic control during Ramadan to alleviate congestion and obstructions of Farley Road.

8. Require the applicant to provide the Town’s fire marshal with daily number of attendees and certification that occupancy limits were not exceeded. Allow the fire marshal

ITEM NO. 8.

Ms. Kendra Burch, Chair
March 25, 2026

4908-9586-2938v5
on-site to audit occupancy and require the applicant to reimburse Town for cost of the fire marshal’s audit.

9. Require the applicant to engage a light and noise pollution consultant, approved by the Town, to evaluate how to reduce light and noise impacts upon our clients’ home as well as the other immediately adjacent homes. This evaluation should include consideration of planting a uniform significant hedge 8 feet surrounding the property lines between neighbors, installing more robust barriers at the exit driveway, and repairing the pavement cracks in the driveways that cause loud booming noises when vehicles pass over.

Sincerely,
HOGE, FENTON, JONES & APPEL, INC.

Sblend Sblendorio
Attorney
SAS
cc: Jocelyn Shoopman, [email protected]
Alexa Nolder, [email protected]
Jim Ratcliff,
Kim Ratcliff,

ITEM NO. 8.

From: sarah < >
Sent: Tuesday, March 24, 2026 6:34 PM
To: Planning <[email protected]>
Subject: Public Comment Item #2 - Approve WVMA CUP extended hours Dear Planning Commission,

My name is Sarah Hollingsworth, and I am a former teacher in Los Gatos. I am writing in support of granting the CUP for extended hours to the West Valley Muslim Association. As I am sure you are aware, Ramadan has just come to an end this past week. Showing your support and solidarity with our Muslim neighbors would be a beautiful way to help them celebrate Eid this year.

While I was teaching in Los Gatos, I taught students of all cultural and religious backgrounds - Christians, Jews, Buddhists, Sikhs, and Muslims - just to name a few! Los Gatos is a multi-faith community that sets an example of what it means to respect and support a diverse array of religious practices. Each person in our community deserves a safe space to pray in accordance with their traditions. I am saddened by the biased remarks I have seen on social media and want to make it clear that we stand stronger together. There is no room for bigotry in Los Gatos.

I urge you to uphold that standard and grant the CUP request.

Thank you,
Sarah Hollingsworth
(she/her)

Sent with Proton Mail secure email.

ITEM NO. 8.

From: Emma Hartung < >
Sent: Tuesday, March 24, 2026 9:31 PM
To: Planning <[email protected]>
Subject: Public Comment Item #2 - In support of WVMA extended hours

Dear Los Gatos Planning Commission,

I'm writing to you today as an educator, community member, and Jewish woman who believes deeply in the importance of repairing the world together and respecting and supporting our neighbors.

I hope you will act to grant the modification of the CUP and to grant extended hours to WVMA.

The right of a religious community to use their religious facilities for prayer is one of the most fundamental rights we have, and I hope that you will be able to take a clear, fact-based and values-based decision to approve the modified CUP so that the WVMA community members who have been so conscientious in their efforts, can properly practice their faith together at the Farley Road location. Let's strive to be a community where everyone belongs, where neighbors address concerns neighbor to neighbor, and where the planning commission acknowledges and supports our faith communities.

Thank you,
Emma Hartung

ITEM NO. 8.

From: Dorah < >
Sent: Tuesday, March 24, 2026 10:39 PM
To: Planning <[email protected]>
Subject: Public comment #2, Approve WVMA CUP extended hours My name is Lee Rosen and I’m writing as a congregant of an area synagogue to support my Muslim friends and neighbors in Santa Clara County in their request for extended hours at WVMA for Ramadan and the pre-sunrise prayers, evening and night prayers called for in the Muslim faith. Obviously, a house of worship needs to be open for all the prayer times of the faith being practiced; that is the key reason to have a church, synagogue, masjid (or mosque), temple, zendo etc. In this violent, turbulent time, there is a huge need for prayer.

I’ve been to WVMA masjid several times and know the solace that it brings to the Muslim community. I’ve also been there for interfaith events and know how the congregants value being good citizens and neighbors.

Santa Clara County is enriched by being a multifaith community. Though it is majority Christian, there is a lot of interfaith solidarity to serve the needy, reduce violence, engage in cultural activities, celebrate our elders and protect children. I sincerely hope that the County will respect the practices of its Muslim citizens and grant the CUP modification for the West Valley Muslim Association.

Sincerely,
D. L. Rosen

ITEM NO. 8.

From: Leslie < >
Sent: Tuesday, March 24, 2026 9:03 PM
To: Planning <[email protected]>
Subject: Public Comment Item #2 - Approve WVMA CUP extended hours

Hello Planning Commission members,
I'm a local area resident writing in support of granting the CUP for extended hours to the West Valley Muslim Association. I believe that every person should be supported to observe their faith. I want the Bay Area -- including Los Gatos -- to be a place where we support our neighbors.

It is for that reason that I'm asking the Planning Commission to approve WVMA’s CUP modification and grant extended hours so that our neighbors can pray and observe Ramadan together, and so Los Gatos can be a community where we all belong.

Sincerely,
Leslie

ITEM NO. 8.

From: Jessica Koehler < >
Sent: Wednesday, March 25, 2026 8:15 AM
To: Planning <[email protected]>
Subject: Public Comment Item #2
My name is Jessica and I am a local community member writing in support of granting the CUP for extended hours to the West Valley Muslim association. I believe in a Los Gatos community where everyone is free to engage with their faith traditions, including gathering together for religious practices. Moreover, I see that WVMA has done their due diligence in engaging with their neighbors to hear and address concerns directly, demonstrating their respect for and commitment to working with their neighbors.

I remember attending midnight mass as a child with my family and grandparents, watching them engage in practices with our larger community, and feeling moved by the swell of people coming together on a holy day. Everyone deserves to have that experience within their faith community. That is why I am writing today to ask the Planning Commission to approve WVMA’s CUP modification and grant extended hours so that our neighbors can pray and observe Ramadan together, and so Los Gatos can be a community where we all belong.

Thank you,
Jessica

ITEM NO. 8.

ITEM NO. 8.

From: Alison Brunner < >
Sent: Tuesday, March 24, 2026 9:16 PM
To: Planning <[email protected]>
Cc: Abigail Coven < >; Rabbi Rafi Ellenson < >; Jocelyn Shoopman <[email protected]>; [email protected] <[email protected]> Subject: Planning Comm Item #2 - Approve CPU Modifications by WVMA March 24, 2026
Los Gatos Planning Commission
110 E. Main Street
Los Gatos, CA 95030
Sent via Email: [email protected]
Subject: Planning Commission Public Comment Item #2
Dear Planning Commission Members,
We strongly urge you to approve the proposed modifications to the West Valley Muslim Association’s Conditional Use Permit. Extending its hours of operation is essential to accommodate members who observe religious prayer services both during Ramadan and throughout the year.

Approving these modifications supports the community’s ability to practice their faith, ensures compliance with legal protections for religious institutions, and reflects the Town’s stated values of inclusivity, equal treatment, and respect for all residents.

Moreover, WVMA worked to mitigate impacts to the neighborhood surrounding the Los Gatos mosque during the recent holy month. As a Los Gatos High School sophomore and staff member of the school newspaper, El Gato, I covered this issue in a recent article. Through my reporting, I observed members quietly directing traffic with flashlights to ensure safety and minimize disruption. I also understand that the property has long been zoned for religious use and was previously occupied by the Kingdom Hall of Jehovah’s Witnesses.

For these reasons, we respectfully ask the Commission to approve the requested modifications.

Doing so will support a longstanding religious use, reflect the community’s demonstrated commitment to being a good neighbor, and uphold the Town values of fairness, inclusion, and respect for all. Thank you for your consideration.

Sincerely,
Abigail Coven, Town Resident & LGHS Sophomore
Alison Brunner, Town Resident
Los Gatos, CA 95030

ITEM NO. 8.

From: Sarita Kincaid < >
Sent: Tuesday, March 24, 2026 8:29 PM
To: Jocelyn Shoopman <[email protected]>; Alexa Nolder <[email protected]> Subject: FORMAL OBJECTION: Incompatibility and Safety Hazards of CUP U-24-010 (16769 Farley Road)
Dear Los Gatos Planning Commission,
I am writing to formally oppose the Conditional Use Permit expansion for 16769 Farley Road.

Under Town Code § 29.20.190, a CUP may only be granted if the use is "ordinarily compatible" with the neighborhood. The following points demonstrate that this project fails that standard:

1. Mid-Block Location vs. Arterial Access
Standard urban planning dictates that high-intensity facilities should be located on major arterial roads (like Los Gatos Blvd) or corner lots to allow for efficient traffic dispersal. 16769 Farley Road is trapped in the middle of a residential block. Forcing 1,700 potential occupants through a single residential corridor—Farley Road—creates a dangerous bottleneck that the street was never designed to handle.

2. Documented Neighborhood Incompatibility
The vast majority of direct neighbors on Farley Road, Chirco Drive, and Flintridge Drive are in active opposition. This is not a "vocal minority"; it is a near-unanimous consensus of the residents who share property lines with this facility. The proximity of this high-intensity use to so many R-1 homes makes noise, light, and privacy impacts unavoidable and irreparable.

Religious status does not grant an exemption from the zoning laws that protect our community's safety. I urge the Commission to deny this expansion and uphold the integrity of our residential neighborhood.

Sincerely,
Sarita Kincaid
Los Gatos, CA 95032

ITEM NO. 8.

From: Julie Griffin < >
Sent: Tuesday, March 24, 2026 4:11 PM
To: Planning <[email protected]>
Subject: Public comment opposing CUPU - 24 -010
I am in complete agreement that the West Valley Muslim Association should not have its conditional use changed.

It is quite clear from the neighborhood videos that the area is being significantly impacted by the traffic, headlights shining into houses and congestion on the residential streets.

It is really not right that the residents should have to deal with this and the late night / early morning traffic situation could impact the value and sales of the houses.

As we ourselves live near a place of worship we would not like to see our own neighborhood changed if this passes.

Julie Griffin

ITEM NO. 8.

From: Pastor Sara Pearson < >
Sent: Tuesday, March 24, 2026 3:57 PM
To: Jocelyn Shoopman <[email protected]>
Cc: Tooba Ahmed < >
Subject: letter of support from members of Saratoga Ministerial Greetings Jocelyn.

This letter is submitted as a show of support for our friends and neighbors at WVMA. Unfortunately, due to the scheduling of tonight's meeting, many of our Christian churches are not able to attend due to Lent.

I submit this on behalf of our colleagues who have a long and wonderful relationship with the leadership of WVMA.

Peace,
Pr. Sara
Rev. Sara Pearson, Lead Pastor (she/her)
Prince of Peace Lutheran Church, ELCA Lutheran
propeace.org
cell phone:

Fridays are my Sabbath.

ITEM NO. 8.

We, the members of the Saratoga Ministerium (an interfaith clergy group that has been in solidarity for peace and care for our Saratoga/Los Gatos/South Bay communities), would like to submit a strong word of support for our Muslim neighbors, friends and community members of the West Valley Muslim Association as they seek a modification to their Conditional Use Permit As leaders representing the diverse faith traditions that weave the fabric of our region, we are writing to you at a critical moment. We live in a time when negative rhetoric and division are on the rise. In such a climate, the role of local government transcends mere administration; it becomes a matter of moral leadership. We urge the Council to meet this moment by choosing inclusion over exclusion and courage over complacency.

The West Valley Muslim Association is more than a house of worship; it is a vital organ of our community, providing service, education, and compassion. To thrive, they require the same fundamental right to gather that our churches, synagogues, and temples enjoy.

The Necessity of These Accommodations
The permit modifications under your consideration are not extra requests—they are the basic requirements for practicing the Muslim faith with dignity. They include:
 Daily Rhythms: Accommodating early morning and late evening prayers that align with the natural solar cycle.
 Sacred Seasons: Providing the necessary space and time for the holy month of Ramadan, a period defined by charity and community reflection.

A Test of Our Values
When we allow any group of residents to be pushed to the margins of our city, we diminish the safety and belonging of all residents. Supporting these modest adjustments is a tangible way for Los Gatos to push back against the current of intolerance. It is an opportunity to prove that "religious freedom" and "pluralism" are not just buzzwords in a mission statement, but lived realities in our streets.

A city’s vibrancy is measured by how it treats its minority communities during challenging times. We stand in unwavering solidarity with our Muslim neighbors and respectfully insist that the Council approve these permit modifications. Let us ensure that Los Gatos remains a place where every resident—regardless of how they pray—can contribute to our shared civic and spiritual life.

Signatories
Rev. Sara Pearson, Prince of Peace Lutheran
Rev. Erik Swanson, Westhope Presbyterian Church
Rabbi Nathan Roller, Congregation Beth David
Rev. Joel Martinez, St Andrew’s Episcopal Church
Rev. Maly Hughes, St Andrew’s Episcopal Church
Rie Collett, Executive Director, Connect Silicon Valley Michael Wright, Sacred Heart Parish
Rev. Nathan Winterhof, St Andrew’s School

ITEM NO. 8.

From: Mike Castro < >
To: "[email protected]" <[email protected]>, "[email protected]" <[email protected]>, "[email protected]" <[email protected]> Cc: Libby Castro < >
Date: 03/24/2026 3:28 PM PDT
Subject: Farley Road Application for Conditional Use Permit (U-24-010)

Dear Jocelyn, Alexa, and LG City Planners,
Please review my attached letter regarding the Conditional Use Permit for exceptions to residential codes on Farley Road (U-24-010). Your decision on this matter will have a serious impact on the Farley Road residents and I hope you will prioritize their needs in this matter before allowing exceptions to standard town regulations.

Thank you for your consideration

Michael L Castro
Los Gatos, CA 95030

ITEM NO. 8.

Michael Castro
Los Gatos, CA 95030
March 24, 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 MuslimAssociation / Los GatosIslamic 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 am strongly against approval of this 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 quiet 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 you could allow the use to until NLT10:00 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. Perhaps a shuttle bus from a remote public parking lot could be a solution.
• 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. Page 947
ITEM NO. 8.

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. There should be no special exceptions allowed for religious organizations of any type.

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. This is the only fair solution. If the organization cannot accept operation during standard 8:00AM to NLT 10:00PM operating hours, they should consider a different location for their gatherings outside of a quiet residential neighborhood.

There should be no special considerations for religious organizations that are located in residential neighborhoods. Period. We need to maintain a separate between church and government.

Thank you for your consideration. I am hopeful that the Planning Commission will not allow exemptions to residential neighborhood regulations that have negative impact on the residents.

Sincerely
Michael L Castro

ITEM NO. 8.

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A P P E A R A N C E S:

Los Gatos Planning
Commissioners:

Kendra Burch, Chair
Jeffrey Barnett, Vice Chair
Susan Burnett
Adam Mayer
Joseph Sordi
Rob Stump (via video)
Community Development
Director:

Joel Paulson
Town Attorney: Gabrielle Whelan
Transcribed by: Vicki L. Blandin
(619) 541-3405
ATTACHMENT 5

ITEM NO. 8.

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P R O C E E D I N G S:

CHAIR BURCH: We will now move on to our public
hearings, starting with Item 2.

ATTORNEY WHELAN: Were you going to announce that
Commissioner Thomas is absent this evening. She is recused because she lives within 1,000’ of the project.

CHAIR BURCH: Sorry, I said she was absent at the
beginning, but I did not state why. Thank you.

Item 2, 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. This is categorically exempt pursuant to CEQA Guidelines Section 15301: Existing Facilities. The property owner is the West Valley Muslim Association, Osmar Ghafoor, President. The Applicant is Razi Mohiuddin. The project planner is Jocelyn Shoopman.

Before the Staff Report, can I have a show of
hands of the Commissioners who have visited the property? I’m so sorry, do I need to do that via roll call also?
ATTORNEY WHELAN: No.

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CHAIR BURCH: Okay. Are there any disclosures?
All right. Ms. Shoopman, you’ll be presenting the Staff Report for us this evening?
JOCELYN SHOOPMAN: Thank you, and good evening.

Before you tonight is a request for a modification to an existing Conditional Use Permit to allow for expanded hours of operation in an institution for religious observance.

On January 10, 1990 the Planning Commission
approved a Conditional Use Permit to allow the improvement and expansion of an existing institution for religious
observance. The property was occupied by the Jehovah’s
Witnesses until 2019 when a Certificate of Use and
Occupancy was issued to the West Valley Muslim Association.

On March 11, 2020 the Planning Commission
approved a modification to the Conditional Use Permit to allow for expanded hours of operation from 10:00pm to
11:00pm for 30 days annually during the month of Ramadan.

The Applicant is now requesting approval to
modify the hours of operation to state that the hours of operation shall not begin prior to 1.5 hours before sunrise or extend past 10:30pm, seven days a week, to accommodate indoor morning and nighttime prayer services; as well as during the 30-day month of Ramadan indoor nighttime prayer services shall not extend past 11:30pm whenever sunset is

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prior to 7:30pm or until midnight whenever sunset is after 7:30pm.

The Applicant’s request is limited to the hours
of operation. No additional requested modifications to the Conditional Use Permit or the existing structures are
proposed.

There were two Addendum reports provided with
additional public comments received after the distribution of the Staff Report, as well as a Desk Item report that was circulated this afternoon with supplemental information from the Applicant, the Applicant’s legal counsel, and
additional public comments.

In addition to Planning Staff, Staff from the
Parks and Public Works Department are also in attendance this evening.

This concludes my presentation, and I will now
turn it over to the Town Attorney. Thank you.

ATTORNEY WHELAN: Thank you. I’m Gabrielle
Whelan, Town Attorney, and I have a brief PowerPoint
outlining the applicable laws to this application.

There are two laws to keep in mind. The first is
regarding the Town Code and Conditional Use Permits, and the second is the Religious Land Use and Institutionalized Persons Act, and that’s commonly referred to as RLUIPA.

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I’ll start with Conditional Use Permits. They are
permits that allow uses that would not otherwise be
permitted by right in a particular zoning district, but that could be made compatible if restrictions were imposed on the use.

A Conditional Use Permit runs with the land, so
future buyers of a property get the benefit of the existing Conditional Use Permit. The idea is that conditions are imposed on issuance of the permit that are intended to
mitigate the impacts of the use on the surrounding area.

Per the Town Code, the Planning Commission needs
to make four findings in order to approve a Conditional Use Permit. The first is that the proposed use is essential or desirable to the public convenience or welfare. The second is that the proposed use would not impair the integrity and character of the zone. The third finding is that the
proposed use would not be detrimental to public health, safety, or general welfare, and four, 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.

Applicants can seek modifications to approved
Conditional Use Permits, and a modification is required whenever there has been an intensification of use,

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commencement of new activities that could have a material adverse impact on the surrounding area, or any change that is a substantial departure from plans which were the basis of the original Conditional Use Permit approval.

When approving a modification to a Conditional
Use Permit, the deciding body needs to make the same four findings that I described previously.

Are there any questions on Conditional Use
Permits before I move into a description of RLUIPA? No.

RLUIPA is a federal law that was enacted in 2000.

It prohibits the government from imposing or implementing a land use regulation in a manner that imposes a substantial burden on religious exercise unless the government
demonstrates the imposition of the burden is in furtherance of a compelling governmental interest and is the least
restrictive means of furthering that compelling
governmental interest.

Now, the statute does not define the term
“substantial burden,” however, the 9th Circuit has defined a substantial burden to mean one that imposes a significantly great restriction or onus upon religious exercise.

When deciding whether or not a government has
imposed a substantial burden on a place of worship, a court will consider the following factors: the court will

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consider the size and resources of the burden party, the actual religious needs of an individual or religious
congregation, the level of current or imminent space
constraints, whether alternative properties are reasonably available, the history of a plaintiff’s efforts to locate within a community, and whether zoning authorities are
acting in good faith.

Once a plaintiff has established that there is a
substantial burden on religious exercise, the next question will be whether or not there is a compelling governmental interest at stake, and the cases describe a compelling
governmental interest as an interest of the highest order, and examples that are given are public health or safety concerns.

Once that decision has been made, then the court
will decide did the town or city’s actions constitute the least restrictive means to address that compelling
governmental interest? That means that the government needs to prove that there is no alternative, less intrusive
regulation that would achieve the government’s compelling interest.

In addition to the substantial burden analysis,
RLUIPA has an equal terms requirement, and that means that the government cannot impose or implement a land use

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regulation such that a religious group is treated on less than equal terms with a non-religious assembly or
institution.

In addition, RLUIPA contains a non-discrimination
requirement, and that means that the government cannot
impose a regulation that discriminates against any assembly on the basis of the particular religion.

In addition, RLUIPA requires that a government
not impose or implement a land use regulation that would totally exclude a particular religious assembly from the jurisdiction or unreasonably limit that religious assembly within the jurisdiction.

That concludes the information I wanted to share
regarding Conditional Use Permits and RLUIPA. Are there any questions from the Commission at this point?
CHAIR BURCH: Doesn’t look like it at this point.

Thank you, Ms. Whelan.

We will now open the public portion of the public
hearing on Item 2 and give the Applicant an opportunity to address the Commission for up to five minutes. I have a speaker card for Razi Mohiuddin.

RAZI MOHIUDDIN: Thank you. Can I have the slide
presentation? Thank you. My name is Razi Mohiuddin and I’m

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the founder of the West Valley Muslim Association, the
WVMA, and the Applicant for the CUP today.

First of all, I want to thank the Planning
Commission. I served as a Planning Commissioner myself for the City of Saratoga for eight years, just until about a year ago, so I know what you have to deal with, especially these days with the RHNA, with Builder's Remedy, with SB 330, with SB 4, and a whole bunch of other things that
require a lot of things to come to the Planning Commission, and also additional things for the Staff as well, so thank you for your service.

I also want to thank the Staff. We had to go
through about five rounds of discussions in order to
finalize the conditions (inaudible), so really appreciate the Staff to work with us.

I also want to thank our neighbors as well. Our
neighbors have been really great in terms of providing
their feedback, and that has helped us fine tune what we do overall.

We are requesting three things. I think the Staff
went through this already. The clock is not running. We are requesting three things.

These are to offer congregational prayers at
their appointed times. A mosque cannot be a mosque if it

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cannot offer congregational prayers. This is fundamental and they have to be offered at the time. These times cannot be changed by individuals or institutions.

These are a copy of plans that were part of the
due diligence materials that we received when we purchased the facility in 2018. They clearly show that this facility was approved in 1990, 36 years ago, to have three
auditoriums that can simultaneously hold about 700
attendees, and with about 200-plus vehicles driving down Farley Road, on this street, in this neighborhood, and in this R-1:8 zone. So, this was approved 36 years ago. This was a material fact on which we based our decision to
acquire this facility for over $11 million of our
community’s funds. These plans are part of the Laserfiche records of the Town and you can look them up here.

We have not added a single square footage to the
building. The only thing that has changed is the religion here from Jehovah’s Witness to the Muslim religion. And the only question before you today is whether extending hours creates new impacts.

When you separate out the hyperbole such as
stadium, scale, and other such terms that have been used, there are three things that are possible impacts that I’d like to focus on: noise, traffic, and safety.

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One, noise. You have in front of you a
professional noise report that states that we are within the Town’s Noise Ordinance, and one of the Conditions of Approval that is part and parcel of the CUP that the Town has drafted is that we will continue to operate within
these ordinances at all times, including at night and
during the quiet hours period, so that is a Condition of Approval that already is built into the conditions.

Second, traffic. Concentrated arrivals and
departures are inherent to a religious facility, and this was decided 36 years ago, and with our traffic management plan, we have streamlined this even more.

Third, safety. We have continuously reached out
to Fire and Police departments and asked them to monitor our facility and our use. There have been zero concerns highlighted to us, and there have been zero incidents due to our services. There is also on your desk public records from the police as well as fire that show that there have been no reports of issues in Ramadan. And we have a twoyear track record of Ramadan services to prove that we can operate safely and quietly.

Let’s look at a statement from a neighbor here
that is in your packet on page 432. This was an unsolicited comment that we received that is in your packet from Ms.

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Rita Skubis, who lives three houses down from our exit
driveway on Farley Road. She says we have been respectful, orderly, consistent with the zoning, and any impacts are brief, predictable, and limited. These are unsolicited
comments, as I mentioned, from a close neighbor. There is no better testimonial that what we can provide here.

We have done extensive outreach, reaching out to
60-plus neighbors, and we will continue to do so, and we have listened to their feedback and taken 20-plus actions to make it even better. We are open to even more actions as long as they are reasonable and not cost prohibitive.

Finally, as I mentioned, we have gone through
five rounds of discussion with Staff to come up with 25 comprehensive Conditions of Approval. These are
comprehensive conditions, more than any other religious institution in Los Gatos. They require us to operate within Town ordinances for noise, parking, lighting, building
occupancy, and many others, and we have agreed to a
compliance review one year from now to assess any
additional impacts.

Staff recommends approval, and we respectfully
request yours. Thank you.

CHAIR BURCH: Thank you Do we have any questions
for the speaker? Vice Chair Barnett.

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VICE CHAIR BARNETT: Thank you for your comments.

I think I read this in the packet, but is it accurate that you wouldn’t need the closing time until 12:00pm for the next like ten years?
RAZI MOHIUDDIN: That is correct. Ramadan goes in
a cycle that rotates about once every 33 years, so right now, because we are in daylight regular time, the sunset is before 7:30pm. The next time the sunset goes past 7:30pm will be in the year 2041, so that will be almost 14-15
years from today. Until then, we would need it until
11:30pm. After that, for the next 14-15 years it will be until midnight, and then it will go back to the same cycle again.

VICE CHAIR BARNETT: Thank you. Understood. Would
you, as the Applicant, agree to a condition that would
require at least quarterly newsletters to the neighbors concerning events and hours? I understand you already have that on your website, but some people may not have access to that.

RAZI MOHIUDDIN: We absolutely will, but keep in
mind that many of our activities may not be scheduled a quarter in advance, as an example, but we can certainly agree to a quarterly newsletter to our neighbors.

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VICE CHAIR BARNETT: Okay, thank you for that. My
last question is with respect to shuttle service, and I carefully read your comments about why that is something the mosque does not want to proceed with, but one of the concerns was a place for gathering for embarking and
disembarking. I guess my question is if the Town itself could provide that space, would some reasonable shuttle service be acceptable?
RAZI MOHIUDDIN: Let me answer that question.

Thank you for bringing it up, I think, because it’s a very important part of the discussion over here. Generally, what happens, the answer is no, we would not consider a shuttle service, and I’ll tell you why.

What happens is the way Ramadan works is you
typically break your fast at sunset, and about an hour-anda-half later you start the nightly prayers, so we have about an hour-and-a-half in order to do the following
things: we have to break our fast; we have to pray the
sunset prayer; we have to eat dinner; we have to prepare our families, and especially if we have young children and others, to get ready; and then we have to drive over to the facility in order to do that, all in a matter of one-and-ahalf hours. That is very, very difficult to do, even today, within that period of time.

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When you add a shuttle service, then that adds at
least a minimum of half an hour, if not more, because you go to another location, park there, get in the vehicle, come over, wait for the shuttle, and then repeat that
process.

Imagine, for example, this meeting is starting at
7:00pm every evening. Imagine 30 days of these meetings and you are working, as an example, and you have one-and-a-half hours at 5:30 when you leave your work, and you have to do all of the five things that I mentioned, and then come over here using a shuttle. That would be a substantial burden on our community and it would not work for us.

VICE CHAIR BARNETT: I understand, and thank you
for your comments in general. Thank you.

DIRECTOR PAULSON: Chair, Commissioner Stump has
his hand raised.

CHAIR BURCH: Commissioner Stump.

COMMISSIONER STUMP: Thank you. By the way,
Chair, I’ve got my video turned off in case I have issues with bandwidth.

Thank you very much for speaking with us this
evening. I’ve got some questions about use and occupancy.

Obviously, back in 2020—and you’ve explained this in your Desk Item today—you anticipated 10-25 members using the

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facility until 11:00pm during Ramadan. I also note from your Desk Item that it seems like your high attendance for this Ramadan period was 850. What growth in attendance have you experienced, and what growth do you think you will
continue to experience as it relates to your mosque?
RAZI MOHIUDDIN: Commissioner Stump, thank you so
much for that question, and I think it’s an important
question over here.

Our community has definitely grown since 2020
when this was actually proposed at this point in time. The facility always has had a 682-seat capacity over here. When we talk about the 850, we exceeded that only on two nights this Ramadan, only on the 25th and the 27th night of Ramadan, which I don’t remember the exact March dates on that one, but for the remainder portion of Ramadan we did not exceed that capacity of the seats that exist over there.

Now, what happens typically in a Ramadan service
is that keep in mind—and I’ll have one of our resident
callers explain this in a little bit more detail about what happens on Ramadan time later—but typically what happens is our Ramadan service, you have to imagine the following:
people are standing for 2.5 hours straight in order to
listen to a Quran recitation, and people get tired and they leave over a period of time, because they have to go to

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work, they have to go to school, they have to do a variety of different things, so there is natural attrition or a decrease in the number of people that attend a Ramadan
prayer. As it starts, let’s say, at 8:00pm, by the time it goes to about 9:00pm you will see about 60-70% of the
people drop off, and then by the time you get to about the last quarter, you have about 90% of the people depart and only about 10% approximately remain there.

If you read the text of the 2020 application, it
describes attendees who would remain for the remainder of the Ramadan nightly prayers during extended hours, and the number that was referred to was 10-25, so that was the drop off. Of course, we could have said it much better in terms of explaining it, but that’s what we meant when we said that at the end of the services you would have fewer people there.

Now, obviously with an increase in our overall
capacity, there will be an increase from that 10-25 number, but nevertheless, it will be smaller than what people start off with.

COMMISSIONER STUMP: Chair, if I might continue?
CHAIR BURCH: Yes.

COMMISSIONER STUMP: I wanted to ask you, when
you take a look at 850 attendees on that high night, do you

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have any estimate as to how many cars would have been
driven to your mosque, or around your mosque, to support those 850 people?
RAZI MOHIUDDIN: Yes, we did in fact. I
personally, myself, counted the number of cars that were there on that evening. There were approximately 280 cars that were there at the beginning of that. We accommodated closed to 200 of them in our parking lot, and we
accommodated about another 35 vehicles at Affordable
Treasures at the corner of Los Gatos Boulevard and Farley Road, by special permission with Affordable Treasures. The rest of them were parked on the street.

COMMISSIONER STUMP: I understand one of your
challenges has been for people to park in your lot, and I know you’re going to be doing some parking lot work. Maybe there are some configuration challenges, etc., but how full is your parking lot on those nights, understanding that you can park up to 180 cars currently without reconfiguration? How full is your onsite parking lot on any given night? RAZI MOHIUDDIN: We first want to fill up the
parking lot as much as possible before any kind of offsite parking, to utilize that. We actually use, fill in about 200 cars in the parking lot on busy nights by essentially

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taking advantage of without actually having any kind of fire access blockage over there.

We did submit a parking lot reconfiguration for
207 vehicles. That is part of our original submission over there, and sometime in the future we plan to actually
implement that.

COMMISSIONER STUMP: Chair, because I am remote,
I really have a number of questions, but I don’t want to keep droning on. If there are other Commissioners that have questions, you certainly could come back to me.

CHAIR BURCH: All right. There are, and then I
will probably ask my fellow commissioners if we want to hold the balance of our questions until the end to allow for public testimony.

COMMISSIONER STUMP: Okay, thank you.

CHAIR BURCH: But first, Commissioner Burnett.

COMMISSIONER BURNETT: Thank you, Chair, and
thank you for coming, and thank you for all the attendance.

It’s very interesting learning about your religion, and I am grateful to understand it more, so thank you for that.

My question to you is of the eight total mosques
in the area, all of which, except the Los Gatos mosque, are on an arterial thoroughfare, are any of them in a
residential zone, as the Los Gatos mosque, or you call the

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“the hub,” the regional assembly center? Are any of the other mosques in a residential zone like R-1:8? Most, I found, are in a CH zone, which is a Commercial Highway
zone, so there is a difference there, and I think that
might be some of the issue.

RAZI MOHIUDDIN: Sure. There are a number of
mosques that are actually in residential zones. One of them is, for example, in Evergreen in the San Jose area, called Evergreen Islamic Center. There are a number of them in Fremont, and in San Mateo as well; they are all in
residential areas. The first mosque that was here in the Bay Area when I first came here was actually called Masjid Al-Noor; it’s on Catherine Street in Santa Clara, it is a residential zone, and it still exists today and it is part of the Muslim Community Association, MCA.

COMMISSIONER BURNETT: Just a follow-up. But the
position of the mosque is on a main highway, more of a
thoroughfare, instead of in a residential neighborhood is what I looked at and examined. I didn’t find any deep in a residential zone.

RAZI MOHIUDDIN: The Catherine Street one is in a
residential zone, for sure.

COMMISSIONER BURNETT: The Catherine Street?

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RAZI MOHIUDDIN: Yes, it’s 1755 Catherine Street
in Santa Clara.

COMMISSIONER BURNETT: Yes, I looked at that.

It’s a wide boulevard and there are plenty of lights.

RAZI MOHIUDDIN: No, it’s in a purely residential
neighborhood.

COMMISSIONER BURNETT: Okay, thank you. Thank you
for that.

CHAIR BURCH: Are there any other questions for
the speaker? All right, thank you.

RAZI MOHIUDDIN: Thank you.

CHAIR BURCH: All right, obviously I have a lot
of speaker cards, and so what I’m going to do is I’ll read out three names at a time, just so you’re prepared for who will be coming up next. Again, you have three minutes. Our first card is G. Brown, the second is Linda Swenberg, and third is Lon Allan.

G. BROWN: Okay, if you looked at your card, that
would be Agenda Item 1, and I wanted to speak on the
minutes, but I’ll… It was just a quick thing, because I came in as Brown Act and I was saying (inaudible) and stuff like that, but I’m going to go right into some of this
other stuff.

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The basic thing that I see is if it overflows,
and since my experience with Lynn Avenue… I don't know if you know this, but Lynn Avenue, we live right close to that and the Town sent out a…somebody did flyers, and they
posted that people said that we were, you know, for the project, and the Town was for it, and a lot of people, the local residents weren’t, and it’s an easement and they want to walk where safety, and I’m saying that the safety issues are on the street first and it’s a big thing.

But honesty is one of the biggest things, and
like I looked at some of the videos online and they showed traffic and stuff like that, and it kind of… I mean, there is traffic on Lynn when you back it up, and I don’t see… What I’m trying to say is, you know, like your
parking, Saratoga had the parking… I’m not a public
speaker, but Saratoga had extra parking, and so if they could have an extra parking lot someplace far away and bus them in, you know, would be a deal thing, and have maybe for those hours have a one-way, because it’s only… That little road is really small. Have it one-way coming in and then going out just quickly and having a crossing guard person right there, and you could get it in and out. It’s like a school, and dropping off school stuff, so you can do something like, if they can agree to something like that.

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Another concern would be eventually if they get
over things they might sell the property, and what I… You know, if it sells, we talked that what I wanted to bring up, they’re going to put three stories in there. The people that are complaining now are going to complain ten times more when they put three stories, or four stories, or ten, you know, seven stories for this stuff, so you guys gotta think about that stuff.

Those are just some of the issues that I brought
up, because nobody follows the rules. The project requires… The one down the street, North Forty, 922 required, you only got 768, so I’ll leave it like that. Thank you for my time.

CHAIR BURCH: Thank you. Are there any questions
for the speaker? All right, Linda Swenberg.

LINDA SWENBERG: Good evening, Commissioners.

Thank you for your time tonight.

I’m concerned that the Staff Report and draft
resolution for the WVMA Conditional Use Permit modification may be missing some of the findings that the General Plan explicitly requires. These are not only required, but it’s my understanding that the policies of your General Plan, which are applied without discrimination, are your
compelling interest.

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The 2020 Land Use Element, still enforced for
land use today, includes Goal LU-6 to “preserve and enhance the existing character and sense of place in residential neighborhoods.” Its policies actually prohibit uses that may lead to the deterioration of residential neighborhoods, or adversely impact the residential character of a
residential neighborhood. And they state that nonresidential activity should be allowed only when the character and quality of the neighborhood can be
maintained.

The draft resolution finds that the proposed use
would not impair the integrity and character of the
residential zone, because it has Conditions of Approval that will be included. I respectfully note that this
appears to be more of a promise of future conditions than the specific analysis and findings the General Plan calls for. This is especially important, given the proposed
hours, which you are all aware of, and please look at also the pre-dawn hours, because that has a huge impact on the character.

The 2040 Noise Element in the Environment and
Sustainably chapter speaks to protecting our quiet
residential community. Peace and tranquility and noise
sensitive uses, like residences and sleeping areas. It

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calls for a full acoustical analysis and additional
protections beyond the basic Noise Ordinance. While a basic study was provided, the Salter Noise Study is not the
acoustical study that the Noise Element requires. It does not fully address these stronger requirements at all.

I believe the General Plan policies explicitly
require findings on residential character, quality of life, peace and tranquility, and protection of sleeping
conditions, and those detailed findings seem to be missing here.

I respectfully ask that you consider denying the
modification, or continuing the item so Staff can provide the proper compatibility study and the explicit findings the General Plan calls for. Thank you so very much for your service and for listening.

CHAIR BURCH: Thank you. Do we have any questions
for the speaker? All right, thank you. Lon Allan.

LON ALLAN: Thank you. Lon Allan. Even though I
hold elective office, I’m here speaking in my personal
capacity, and I’m speaking in favor of granting the
Conditional Use Permit.

I also should point out that while I think a lot
of people speaking in favor of this are of the Muslim
faith, I’m Jewish; my grandfather was a rabbi. I really

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don’t think it has anything to do with anybody’s particular faith, but we’re all Americans and we facilitate the free exercise of religion.

I don’t think that having this mosque in a
residential neighborhood is a problem in Monte Sereno,
where I live. We’ve had the Baptist Church on Daves Avenue; it’s 100% residential. We have an elementary school across the street. The traffic in and out of the church hasn’t been a danger to the students, and Mary and I have lived there for 47 years just off of Daves Avenue; it hasn’t been a problem.

I think that, as the Supreme Court said, we
really have to go out of our way to allow what is necessary for the mosque to operate the way a mosque is supposed to.

I’ve read the Conditional Use Permit. I think that they’ve bent over backwards to be accommodating, and I would just respectfully ask that the Commission grant the Conditional Use Permit. Thank you very much.

CHAIR BURCH: Thank you. Are there any questions
for the speaker? The next three, I’ve got Musa Tariq, Hibah Hammovdeh, and Bismah Jaffer.

MUSA TARIQ: Hello, Commissioners. I’ll keep it
brief. My name is Musa with CAIR, the Council on AmericanIslamic Relations, and we want to echo our Los Gatos

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friends in urging you to approve the modified Conditional Use Permit so the West Valley Muslim Association can
continue to serve its congregants in the community.

The right to gather and worship should be applied
equally and consistently. This project is not introducing something new, it accommodates a growing community to
access necessary religious services, just as other faith groups in Los Gatos do. We also hope the WVMA will be
evaluated under the same standards and expectations as any other institution. The mosque has worked extensively with the Town in good faith, following the same process required of anyone else, if not considerably more stringent.

The Muslim families who attend WVMA are an
integral part of this community. They work here, go to
school here, run businesses here; they are your neighbors.

The right for a group of people without undue burden to exist, gather, and worship belongs to everyone in Los
Gatos. That includes its Muslim residents. Please approve the Conditional Use Permit. Thank you.

CHAIR BURCH: Thank you. Are there any questions
for the speaker? No. All right, Hibah Hammovdeh.

HIBAH HAMMOVDEH: Good evening and as-salamu
alaykum. My name is Hibah Hammovdeh and I’m on the civil rights team at CAIR, the Council on American-Islamic

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Relations. We strongly urge you to approve WVMA’s request to modify their Conditional Use Permit.

These modifications are critical to ensure the
WVMA is able to serve their congregants in Los Gatos. The leadership at WVMA has gone above and beyond to ensure that they are not only abiding by the law, but being considerate of their neighbors.

WVMA is the reason that there was a speed radar
placed on Farley Road. They consistently checked in on
their neighbors throughout Ramadan for feedback and
received an extremely positive response. This just goes to show that they have been operating in good faith and in collaboration with their community consisting of both
worshippers and neighbors.

By denying their request for the modification you
would be placing an extreme burden on your Los Gatos Muslim community, who would be barred from praying certain prayers and practicing during Ramadan, which we have a spiritual obligation to do.

The Muslim community in Los Gatos deserves to be
supported and nurtured. We should not have to fight for the right to pray and worship. Also, Muslims and the practice of our religion do not deteriorate the integrity or quality of your neighborhoods. These worshippers are the

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neighborhood. They are integral members of the community regardless for your intolerance for our religion and
practices. Thank you.

CHAIR BURCH: Are there any questions for the
speaker? No. All right, Bismah.

BISMAH JAFFER: Hello. Good evening. Eid mubarak.

My name is Bismah Jaffer and I’m a civil rights attorney at CAIR, the Council on American-Islamic Relations. It is the largest Muslim civil rights organization, so I’m speaking from that point of view.

The WVMA community members are part of the Los
Gatos community as much as they are the Muslim community, and Muslims have been operating here for years as community members and law-abiding people.

From a legal standpoint, WVMA applied for a
permit, was granted a permit, and then also applied… Well, they inherited the Religious Land Use and Institutionalized Persons Act that was created specifically in our legal
system to address a pattern of discrimination against
minorities, and given the rising anti-Muslim climate, the act should very much be respected here. Let’s honor that purpose tonight and keep Los Gatos a community that
welcomes all. Thank you.

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CHAIR BURCH: Are there any questions for the
speaker? All right, Mitra Z.

MITRA ZARINEBAF: Hi, I’m Mitra. I’m also with
CAIR, if you could guess.

As you can see, the Los Gatos (inaudible) is a
place of community. Every place of worship has their First Amendment right to pray and convene. Therefore, I’m in
favor of this item, as it will give practicers the ease and time accessible for worship.

WVMA has been in the Los Gatos community for over
30 years, and is an example of what it means to be a good neighbor. Truly, neighborhoods benefit from having third spaces, and a place of worship enriches the cultural fabric of the community, actually increasing its integrity and quality of life.

If I were to take this reasoning against the
ordinance, then why are we not making public comment about garbage trucks in the morning. That wakes me up every
night, but yet they are still legal, as they have a duty.

As Islamophobia is at the highest it’s been in
over 20 years, it is essential we can come together to
practice our faith. To reject this proposal would
undoubtedly hurt this practice. I urge you all to support the wellbeing of our community and approve the

ITEM NO. 8.

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modification. Spaces like this are essential to a fruitful and welcoming society, and it is crucial we support our South Bay Muslim neighbors. If this is rejected, I can
assure you this will hurt the health of the Town, as an entire community will not be available to properly pray where we live.

Again, I speak to you with urgency and encourage
you to approve this permit. Thank you.

CHAIR BURCH: Thank you. Are there any questions?
The next two speakers will be Jeffrey Wang and Diane
Fisher.

JEFFREY WANG: Good evening. My name is Jeffrey
Wang. I’m a civil rights attorney with the Council on
American-Islamic Relations. I’d like to provide some
additional context on why approving this permit request is important.

For those who do not know, the Council on
American-Islamic Relations is our nation’s largest Muslim advocacy and civil rights organization. Our work and
research have shown that for over two decades now American Muslims have increasingly been the target of hate incidents and hate crimes. Discrimination in schools and workplaces, and even hateful rhetoric by public officials.

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In the past year, officials at the highest level
of government have tried to redefine what it means to be American by using discriminatory language, by implementing exclusionary immigration policies, and attempting to roll back civil rights protections for minorities. Essentially, their message was if you don’t look, speak, or worship a certain way, then you don’t belong.

Just a few weeks ago, Tennessee representative
Andy Ogles posted online that, “Muslims don’t belong.”
Florida representative Randy Fine called for all mainstream Muslims to be destroyed. These manifestations of antiMuslim animus have real life consequences. Complaints made to CAIR stayed at all-time highs last year.

And it’s not just discrimination in the
workplace, or at school, or being the victims of hate
crimes, we’ve seen pretextual or permit denial weaponized by municipalities across the country as a mask for antiMuslim discrimination. At bottom, such denials prevent American Muslims from being able to fully exercise the
Constitutionally protected right to practice their faith.

Now, the Town of Los Gatos has stated in its 2040
General Plan that it wants to increase diversity and
inclusion to ensure that all members of the Los Gatos
community feel “valued, safe, respected, included, and

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secure.” And Los Gatos wants to be a special place for
community gathering.

So, our request is thus a simple one. Approve the
modified permit request and let Los Gatos continue to be a place where Muslims can gather in community. Thank you.

CHAIR BURCH: Thank you. Are there any questions
for the speaker? No. Diane Fisher, and following Ms. Fisher we will be taking a short break.

DIANE FISHER: Hello, my name is Diane Fisher and
I serve in the faith seat on the Diversity, Equity, and Inclusion Commission for the Town of Los Gatos, although this evening I am speaking in my own capacity. I’m also a congregant at Congregation Shir Hadash, a Jewish synagogue here in Los Gatos, where I serve on the board of directors and have been a member for over 30 years.

I appeal to the Planning Commission to approve
the requested Conditional Use Permit with extended hours for the West Valley Muslim Association for three reasons.

First, for legal reasons. The Religious Land Use
Act states that local governments must accommodate
religious practice in good faith, and are specifically
prohibited from imposing a substantial burden or
restriction on the land use of religious institutions.

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Secondly, approving this request supports our
value of religious freedom. Beyond the First Amendment to the Constitution, the 1993 Religious Freedom Restoration Act focused particularly on safeguarding religious
practices for minority groups. As a member of another
minority faith community which has faced significant
discrimination, I’ve had the good fortune of being
supported by Muslim allies, especially from West Valley Muslim Association, and likewise our Jewish community has stood with our Muslim brothers and sisters at the West
Valley Muslim Association.

I previously ran a teen interfaith program with
Jewish students from Congregation Shir Hadash and Muslim students from West Valley Muslim Association. This Star of David necklace I’m wearing was a gift from a Muslim
student’s parents to me to demonstrate our mutual
appreciation. We know that Los Gatos is culturally enriched by its minority communities, and this land use will
profoundly demonstrate our genuine welcome and appreciation for all.

The third reason I want to highlight for
supporting the Conditional Use Permit request is that West Valley Muslim Association is a vital incubator for
democracy, just as all of our Los Gatos faith communities

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are, by creating social capital and forming meaningful
networks of people who care about each other and mobilize for community needs.

Los Gatos has the opportunity with this request
to provide for appropriate prayer opportunities for the Muslim community, and thereby reducing negative stereotypes and building bridges and social capital, and increasing the wellbeing for us all. Thank you.

CHAIR BURCH: Thank you. Do we have any questions
for the speaker? Seeing none, we are going to take a brief break, and we will return at 8:15.
(INTERMISSION)
CHAIR BURCH: Thank you, everybody, for the quick
break. We’ll probably need to take another one in a couple hours, but in the meantime, I’m going to go ahead and keep going through these speaker cards, as we have quite a few.

Again, I will call the names three at a time just so you’re prepared.

The first one I have is Gareth Williams, and then
I have, I think it says David Kunin, and Karen Yamamoto, but I think she just stepped out. I’m going to save her.

And Javed E. Is Gareth Williams here? Oh, no. We’ll hold onto him for a second then too. All right, what about David is it Kunin? Excellent. And then Javed Ellahie.

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RABBI DAVID KUNIN: My name is Rabbi David Kunin;
I’m the rabbi of Congregation Beth David. We have members both in Saratoga, Los Gatos, and all through the area, and our members all value our very close connection with the West Valley Muslim Association. They actually use our
parking lot when they have services nearby, and we are
absolutely thrilled when the parking lot is filled on
Ramadan and the like.

We believe that freedom of religion goes to the
cornerstone of what it means to be American democracy, and the free expression of that religion is really what’s being asked for in the changes that the West Valley Muslim
Association is asking for, allowing them to worship as is necessary in the Islamic faith, and in order that they can fulfill those religious obligations, which they have no power to change. They come from God for the community, and we share with them that obligation in the sense that they need to be able to fulfill their religious obligations, just as our community and many other religious communities all can fulfill. You never turned the clock on, by the way.

DIRECTOR PAULSON: The clock isn’t working. I’m
keeping time.

RABBI DAVID KUNIN: As well as other religious
communities are allowed to fulfill their religious

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obligations, and we think it goes to the essential aspect of American democracy.

We also value, and think that it’s very important
that we value, all parts of our community. The Muslim
community brings a very important aspect of religious
diversity and cultural diversity to Los Gatos, to Saratoga, to the whole Silicon Valley, and we would be all diminished if that community isn’t able to be able to fulfill its
religious obligations and be able to live here as members of a community of the United States, so we call on the
Commission to make the waivers that are necessary so that the Muslim Association and all the Muslims in this area can worship as is necessary.

We think rather than being detrimental to Los
Gatos or the community, that this change will enhance the community and enhance cooperation between religious
communities in our area, and we think that’s hugely
important. Thank you very much.

CHAIR BURCH: Thank you. Are there any questions
for the speaker? Seeing none, all right. Javed. Oh. Javed, is it all right if Gareth goes ahead and goes? Gareth can go ahead and go—I had called your name a moment ago-and Javed will follow.

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GARETH WILLIAMS: Good evening, and thank you
very much for your attention to this matter. I have lived on Izorah Way, a block off Farley Road, since 1967. At that time the property now occupied by the WVMA was a Baptist church, which after a number of years changed hands and became a Jehovah’s Witnesses kingdom hall. I have no
recollection of any traffic problems during this period of almost 60 years.

However, things have changed. Izorah was once a
relatively quiet street, but now it sees much more traffic than before, both moving and parked. However, I will say that parking is not my main concern, though many times when crossing Farley Road I can’t see around parked cars, so I have to be very cautious. I cross Farley at least four
times a day, typically around midday and in the evening. I frequently have to wait for a dozen or more cars to pass before I can cross. On a recent occasion after dark a
friend was good enough to stride out into the street to halt traffic for me to cross.

Our neighborhood is a friendly one. Over the
years my wife and I attended weddings, graduations, garden parties, and visited homes. For forty years (inaudible) our neighbors, and now I stand here in support of my neighbors’

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endeavor to curtail the extension of operating hours
proposed by the West Valley Muslim Association.

I have been invested in this community for a
lifetime. I came here when I was 32, and I am now 90, and feel so sorry to see it ruptured. I sincerely hope that all sides can come together to repair it. Thank you very much.

CHAIR BURCH: Thank you. Are there any questions
for the speaker? All right. Thank you. Javed.

JAVED ELLAHIE: Thank you, Honorable Chair Kendra
Burch, Vice Chair Jeffrey Barnett, and honorable members of the Planning Commission. Thank you for providing the WVMA and its neighbors the opportunity to address you today.

Thanks are also due to the Staff who engaged in an extended effort with the community and neighbors so that this
measure is now before you, addressing the concerns as best as possible.

Living next to a facility approved for religious
activities—I thought it was 1990, but I just hear it was even before that—the WVMA appreciates neighbors’ concerns as this same facility now provides an opportunity for an American Muslim community of Los Gatos and adjoining
cities, such as Monte Sereno, to perform their required prayers when none existed before.

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I am from Monte Sereno, and all Monte Serenans
enjoy the sisterly relationship we share with the Town of Los Gatos as they shop and dine and share the Los GatosMonte Sereno Police Department, which has provided the cities with excellent service.

I also want to thank Monte Sereno’s mayor, Lon
Allan, who spoke before and has served this community for more than 30 years, for coming here to express support for Los Gatos in providing a prayer facility for Monte Sereno residents.

As you know, Monte Sereno has one Baptist church
and Daves School. When I was mayor of Monte Sereno, I had the pleasure of visiting Pastor Roger McCarthy at the First Baptist Church and was moved by the Easter service and the participation of the congregation where it brings a
tranquility and peace that surpasses all understanding.

American Muslims find this tranquility and peace at the Los Gatos mosque.

I appreciate those neighbors who have civilly
pointed out the concerns to them, and to a large extent the WVMA has addressed almost all of these concerns. What the WVMA cannot do is to take actions directly opposite to the mandates of its religion. I understand this results in car

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lights through blindless windows, but to appreciate the (inaudible) impact, consider the following:

You are stuck at a traffic light in Los Gatos
that refuses to turn green. You wait and wait, you start praying for it to turn green, you get sidetracked, it
finally turns green, but you do not move. Does the car
behind you start honking, honk, honk, honk for you to move right away, or does the driver give you a few seconds to collect yourself? I believe the Los Gatos people are the ones who care for others and are willing to sacrifice some of those minutes.

There are 524,160 minutes in a year, and the 20-
minute traffic rush that happens for 30 days during
Ramadan, if analyzed over an entire year, would only come to 1.64 minutes a day, or less than 1% of the total yearly time, affecting just a minute or two each day. Even if you double that, it becomes three minutes a day. This is a time when American Muslims are praying for America, gathering charity for those in need, praying for the health of their parents and grandparents, for those who are sick, for
patience, for those who have loved ones, and to guide them.

Beside God’s commandments to do good to parents, kinfolk, orphans, those in need, neighbors who are near, neighbors who are strangers, the companion by your side, we feel your

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need. So, we ask our Los Gatos neighbors, give us a minute or two of your time so that we may pray, hopefully not
while sitting at a green light. Thank you.

CHAIR BURCH: Thank you. Are there any questions
for the speaker? All right, the next three are Basil
Farooq, Junaid Bhaiyat, and Dr. Amina Darwish.

IMAM BASIL FAROOQ: Good evening, I am Imam Basil
Farooq and I serve as a Resident Imam and Religious
Director, or religious leader, of the West Valley Muslim Association, the WVMA.

In Islam we have five obligatory prayers every
day whose timings are determined based on the position of the sun. We start off with the pre-sunrise prayer, then we have the noon prayer, the afternoon prayer, the sunset
prayer, and the night prayer.

The mosque is a spiritual center for Muslims and
is required to have congregational service for all five daily prayers. But now, out of these five daily prayers, the two that provide the most significant spiritual
grounding for an individual are the first and the last
ones, the pre-sunrise one and the night prayer.

Let me walk you through a typical congregant’s
experience. You wake up a little bit earlier than you would just for work. You want to start your day in a positive,

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intentional, and grounded way. You join your fraternity and congregational pre-sunrise prayer, turning your focus to the force holding up the universe. You hear the melodious verses of the Quran. You speak to your creator with your heart, grounding yourself before the difficult day ahead of you with work, family, and all the responsibilities that we all shoulder.

After a day of stressful work in the heart of the
Silicon Valley, you again need a space to unwind and
discharge all of that accumulated stress and weight on your shoulders. You join the congregation again, this time for the night prayer. You leave after worship feeling grounded, humbled, and healed.

This is the experience of a congregant who
attends the pre-sunrise and the night prayers every day.

Centering their day around God, allowing his mercy and his love to carry them through the difficulties and challenges of life.

We would like to request your approval for
hosting these critical daily prayers in congregation at their religiously mandated times. I would like to ask the Los Gatos Planning Commission to adopt the Staff
recommendations in approving this proposal. Thank you very much.

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CHAIR BURCH: Thank you. Are there any questions
for the speaker? All right, thank you. Junaid.

JUNAID BHAIYAT: Good evening, Planning
Commission members. I’d like to thank you very sincerely for facilitating this hearing and this evening. My name is Junaid Bhaiyat, and I speak in my own personal capacity.

I am a classically trained Islamic scholar. I
memorized the entire Quran, 600 pages, at the age of 12, completed seven years of advanced study in theology and divinity in Canada, and earned a master’s degree with
highest honors in Quran and Islamic studies from the
International Islamic University in Malasia.

This year I had the honor and privilege of
leading the Ramadan nightly prayers at the WVMA. I only share this as a backdrop, so that you know that what I am about to tell you is not opinion, rather it is over 1,400 years of settled religious practice.

Ramadan is the holiest month in the Islamic
calendar. Muslims believe that the first verses of the
Quran were revealed onto Prophet Muhammad, peace be upon him during this blessed month. In response to that gift, the Prophet himself, peace be upon him, established the practice of extended nightly prayers during the holy month of Ramadan. His companions and every generation of Muslims

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ever since have continued this practice in an unbroken
chain.

The full Ramadan nightly prayer, if I may explain
so you have a good picture, consists of 20 cycles, and it has been the standard in mosques around the world for over 1,000 years. Each night one full chapter of the Quran is recited, and over the course of 30 nights the entire
scripture, all 30 chapters, are completed together as a community.

So, picture the scene for a moment. For two to
two-and-a-half hours the congregation stands in rows,
listening to one person reciting the scripture. There are no conversations, there is no celebration or socializing, it is a time of deep reflection, of quietly absorbing the verses that call us to serve humanity, to care for the
poor, to be honest, to be patient, to forgive. Each person is alone with God, even while standing shoulder to shoulder with their neighbor. When the prayers conclude, people
leave in the same spirit: quiet, contemplative, at peace, and it is among the most peaceful gatherings that one can imagine.

So, I respectfully urge all of you and request
that you support the full two and two-and-a-half hours of the Ramadan nightly prayers so we can continue our

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religious tradition of reciting one chapter of the Quran every night of Ramadan. Thank you so very much for your consideration.

CHAIR BURCH: Thank you. Are there any questions
for the speaker? Thank you. Dr. Amina Darwish.

DR. AMINA DARWISH: Good evening, everyone. My
name is Amina Darwish. I often lead services and special programs at WVMA. For my day job, I serve as the Associate Dean in the Office for Religious and Spiritual Life and Advisor for Muslim Life at Stanford University. I am
speaking here today in my personal capacity as a community member.

I have served as a Muslim Chaplin (inaudible) for
the past 12 years, and I’ve been working with youth in
Muslim and interfaith spaces for almost two decades. If you think I don’t look old enough to have had a 20-year career, thank you, and you can be my best friend after this.

But because of despite being 20-30 minutes away
from campus, WVMA is my home mosque. The executive director has my number in her phone, and when she calls, when she says jump, I say, “How high?”
It’s been a challenging time to be Muslim in
America, in a post-911 America, and with the loneliness pandemic that was exacerbated by COVID, building community

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is more critical than ever for everyone. A Stanford study from our Psychiatry Department actually showed the
Americans who identify as Muslim had twice the suicide
attempt rate as their peers of other faiths.

Both faith and community are protective factors
that decrease mental health crises and save lives. Students who have struggled with belonging often share feeling at home at WVMA. This mosque has been a highlight for me
personally, for my Stanford students, and for the community at large as a safe space to make friends, build community, and create belonging.

Four years ago, I started a special program with
the WVMA board members that became a really popular class on campus for students of all faiths and traditions to
design their spiritual lives. WVMA support was critical to facilitate the first ever class and track. I have seen
tangible benefits for the Muslim students and students of other faiths having a sense of agency and belonging on
campus, and it has resulted in service projects that have expanded on and off campus. This is the beautiful healing effect of WVMA.

For Muslim to be able to practice their faith
freely, as is a core ethic of the pluralism of Los Gatos and America at large, they need to not just be tolerated,

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but celebrated for their community building. My hope is that my regular meetings with rabbis, reverends, and
Buddhist masters, Hindu priests, and Bahai worship leaders, is not just a really long setup of a joke, but actually a really awesome celebrated thing that we do in our community regularly. Thank you for listening.

CHAIR BURCH: Thank you. Are there any questions
for the speaker? All right. Johanes Swenberg, Saugher
Nojan, and Anas Syed.

JOHANES SWENBERG: Thank you. My name is Johanes
Swenberg, and you said it right, thank you very much.

Ladies and Gentlemen of the Commission, the Staff, and Town Council, I appreciate your service.

I’m a 30-year resident of the Town, and I’m
speaking on probably something a little bit different from what I’ve just been hearing, and that’s specifically about noise.

My concern, even though I live on the other side
of town, is excessive noise doesn’t just annoy, it can
possibly harm community in profound and lasting ways. It shatters a peace that makes a residential community a true home.

Twelve years ago, I suffered a traumatic brain
injury. The world became overwhelming, and loud sounds

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triggered intense pain and set back my recovery.

Fortunately, a quiet neighborhood in the Town of Los Gatos. was a blessing, a gentle space where healing could happen without constant assault on my senses. Simple things like resting, concentrating, or even sleeping became possible.

I think of the residents on Farley Road and those
around there, and others like them who may be suffering from noise and the loss of a quiet neighborhood, with a great deal of empathy for that situation. For some, it is not just discomfort, it is isolation. People who are
vulnerable, living alone, or dealing with their own health challenges have no one to share the burden with. They
endure the constant intrusion in their silence. Their
quality of life can be eroded, their sense of safety and comfort stolen.

Noise disrupts sleep, raises stress, worsens
medical conditions, and drives people indoors and away from their neighbors and community life. It can turn evenings into endurance tests. I think we deserve better.

Our existing Noise Ordinances exist to protect
exactly this: the right to reasonable quiet in a
residential area. Enforcing them fairly and firmly isn’t about stopping activity, it’s about preserving a livable,

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healing environment that drew all of us to Los Gatos. This is a main element of the Town Plan.

Please stand with the residents, protect our
community, and I ask that you at least delay and do further study on this topic. Thank you.

CHAIR BURCH: Thank you. Are there any questions
for the speaker? Thank you. Saugher Nojan.

SAUGHER NOJAN: Good evening, everyone. Also, I
am so sorry for your injury.

A few weeks ago, I visited one of our neighbors.

They smiled at me and said, “Hey, it’s you again. Saugher, Right?” That’s when I knew our efforts were making a
difference.

I’m Dr. Saugher Nojan, a sociology professor at
San Jose State University and a board member at the West Valley Muslim Association, where I support spiritual growth and neighborhood outreach.

In both my work and my faith my purpose is
simple: to listen, understand, and help build stronger
communities. Last year I was honored to receive the
Congressional Recognition Aware from Congressman Sam
Liccardo for my community service.

I believe this: when people feel heard,
communities change. For the past couple of years, I

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personally have visited over 60 houses in our neighborhood, knocking on doors, talking to people multiple times, having conversations on sidewalks, even in living rooms, porches, and garages. We listened, adapted, and followed up.

One conversation stayed with me during last
year’s Ramadan check-in. Our neighbor Michelle asked, “Is this the new normal?” She noticed Ramadan was quieter that year and wondered if we had moved it to our other facility.

I said, “No, we’re still here. We’re just making changes.” Being good to our neighbors is part of our faith. Those changes matter. Many told us it was noticeably quieter and more respectful.

A few weeks ago, I revisited nearby homes on
Farley Road and Flintridge Drive. Neighbors asked me how we were doing. One shared, “We don’t want you to feel
unwelcome here.” John even offered his driveway for us to park whenever we needed. That’s the true spirit of Los
Gatos.

Beyond our community cafes, we began sharing
meals with neighbors through small gatherings and
community-wide dinners, both at our facility and as box meals during community nights. It’s been a joy to serve dishes like buttered chicken and biryani with our closest neighbors such as Kim, Bill, the Yings, and others.

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Our faith calls us to spread peace, nourish
others, and strengthen relationships. These simple acts produce genuine connection. This is the community we
believe in, not just simply co-existing, but truly caring for one another.

Today I’m asking you for your support to extend
WVMA’s hours. This is more than just a building. It’s about continuing to listen, adapt, and give back. Our
conversations do not end here tonight. We’re committed to being thoughtful neighbors and long-term partners here, and I thank our neighbors for making us better Muslims and
caretakers of our neighborhood. Help us build trust, foster belonging, and strengthen our neighborhood together. Thank you.

CHAIR BURCH: Are there any questions for the
speaker? All right, Anas Syed.

ANAS SYED: Good evening, Commissioners. My name
is Anas. I’ve been an engineer at Google for the past eight years and oversee their financial operations. I serve on the board of directors at WVMA, but today I am here in a personal capacity.

Dr. Saugher talked about our outreach. I will
talk about the actions that we have taken as a result of the feedback that we received. We have prioritized taking

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action, often at our own significant expense, based on the feedback we have received from our neighbors. To date, we have executed over 25 specific actions in response to
neighbor input in four key areas.

One, privacy and noise. We replaced aging fences
with new good neighbor wood fences and lattices, in some cases, covering the full cost. And we’ve planted ten trees to provide natural light and sound barriers. We’ve even carefully considered the impact from falling foliage during the colder months.

Two, acoustic adjustments. We temporarily removed
our own $50,000 gate track simply to eliminate noise for immediate neighbors while sacrificing the security of our community.

Three, light and traffic. We’ve redirected and
dimmed parking lot lights and hired traffic safety guards during Ramadan to ensure an orderly, quiet departure.

Four, proactive communication. We provided
neighbors with direct phone and email contact for board members, and initiated mid-Ramadan check-ins to address any emerging issues in real time.

Our commitment to this community is shown in our
willingness to adapt, even holding our Eid holiday prayer offsite for the past few years in a cold, concrete Valco

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parking garage to minimize neighborhood impact during our busiest day.

At WVMA, being a good neighbor is more than a
polite phrase. It is a paramount virtue of our faith. We recognize that for our presence to be a benefit to Los
Gatos, we must not only listen to feedback, but we are
intentional about executing on it.

We are not just asking for a permit modification,
we are asking to contribute, building a partnership based on transparency, mutual respect, and a proven track record of addressing the concerns of those who live alongside us.

Thank you.

CHAIR BURCH: Thank you. Are there any questions
for the speaker? I do have one.

I sounds like you went through four main points
of, I guess, what feedback you’re gotten and some
concessions or changes that you’ve made following these.

Have you had follow-up conversations with your neighbors to discuss the changes, the landscape, the change in the
lighting, and the removal of the gate, to see if those have been positive changes and are they making, in your opinion, progress?
ANAS SYED: Yes. I think like Dr. Saugher said,
these discussions are always ongoing, so once an action is

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taken, it’s not like we’re gone, right? That feedback loop is still there, the opportunity to provide feedback is
still there. We are constantly knocking on doors; that is a part of just the regular cadence of what we are doing.

CHAIR BURCH: Thank you.

ANAS SYED: Thank you.

CHAIR BURCH: The next three speakers, I have
Osman Ghafoor, Dr, Omar Ali, and Dr. Mohammed Subeh.

OSMAN GHAFOOR: Chair Burch, Vice Chair Barnett,
and Commissioners, my name is Osman Ghafoor. I am the
president of West Valley Muslim Association, but I’m here in a capacity to talk in this discussion here.

I really want to address a question that has
surfaced in the public discourse, and that is does this facility belong here, on Farley Road, in this neighborhood? That question was answered more than 36 years ago. We
researched the archives here at the Town and we can
actually see evidence of a stamped approval for a 682-seat religious assembly facility, with 186 parking spaces at this address in an R-1:8 residential zone. That came with the application of U-89-11.

The Planning Staff and Commission knew exactly
what that meant. Hundreds of cars possibly coming in
whenever there is a service, whether it is evenings,

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whether it is holy days, into the property. They approved that, and that suitability was a settled matter. So
settled, that that is what God asked to purchase this
property in 2018, where the community invested over $11 million to purchase this facility specifically because that approval existed at that scale for religious assembly. We didn’t create this footprint. It was already there. We just relied on the Town’s own determination when we made that investment.

Further to that, in 2020, when we had the
modification in U-20-001, the Commission here recognized that Ramadan warrants extended hours. Tonight we are asking for a modest extension of that same recognition, but what we didn’t have then at the time, we have now. We’ve done a sound study by Salter, a qualified acoustical consulting firm which confirms that our use meets all applicable Town noise standards, and this is a firm that is so reputable in this area that many, many municipalities actually use
Salter.

These same vehicles making the same sounds that
are lawful at 9:00pm remain the same noise standards at 10:30pm or 11:00pm. The science confirms it, the history of the Town supports it, and our right to gather for
congregational prayer is not merely a preference, it is a

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fundamental religious obligation that federal law
recognizes and protects.

The only question tonight is whether that modest
further extension creates new impacts. The evidence shows it does not. We respectfully ask for your approval. Thank you.

CHAIR BURCH: Thank you. Any questions for the
speaker? Thank you.

COMMISSIONER STUMP: Chair, this is Rob. You
probably can’t see my hand.

CHAIR BURCH: Oh, I’m so sorry. No, thank you,
Commissioner Stump. Do you have a question for the speaker? COMMISSIONER STUMP: No problem. Yes, I did want
to ask about the noise study, and it sounds like you’ve got a pretty good command of this subject.

You commissioned a noise study through Salter in
early 2025. What timeframe does this study cover?
OSMAN GHAFOOR: This was prior to Ramadan, if
you’re asking for that, but however, it covers all of our daily prayers. I don't know if we have the exact date. It covers the Jumuah, the Friday prayer, which is actually at one of our peak times. It covers the morning prayers and the evening prayers, and we also made sure it covered an

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event. Here is the answer here. It was between January 31st and February 11th.

COMMISSIONER STUMP: If the study was not done
during Ramadan at all, what was your thinking, especially when you would know that, and we’ve already been told
tonight, that at least this year there were as many as 280 vehicles coming into the neighborhood in March on one
evening. That would seem to be a peak period. Again, what was the thinking for not doing this noise study during
Ramadan itself?
OSMAN GHAFOOR: One thing to be clear, sound
science is very different in terms of it doesn’t matter if there are 1,200 cars coming in, which there never are, or people, but even if there are 600 cars, the same cars go by, right? Whether it’s a period of five minutes or ten minutes, the noise level never goes above the Los Gatos standards, and that’s something that’s very clear.

But just to go back on what your question was, we
could actually redirect. We do have somebody coming who can actually talk more on the science of this, so it would just be (inaudible) he’ll be talking later on. But just to say though, if you remember, we applied some time ago. We just wanted to make sure we got this noise study in. We were hoping this had come through before we got to Ramadan, so

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that was the main reason why we wanted to do this prior to having that, prior to Ramadan, because I know the neighbors also wanted to have this resolved before Ramadan came, so that’s the actual direct response.

COMMISSIONER STUMP: Thank you.

CHAIR BURCH: Commissioner Stump, do you have any
follow-up questions?
COMMISSIONER STUMP: No.

CHAIR BURCH: All right, thank you. Dr. Omar Ali.

DR. OMAR ALI: Good evening, my name is Omar Ali
and I’m a resident of Los Gatos. My family chose to move here because of the welcoming culture and diversity that Los Gatos represents. The mosque is an important part of that fabric, and is the only mosque serving this area.

I was born and raised in Minnesota, and later
lived in Michigan and Boston, and in each of these
communities I regularly attended mosques in residential neighborhoods and saw firsthand how they can positively contribute to the community life.

In Los Gatos, I lived as an immediate neighbor of
the mosque. The home that I lived in was adjacent to the entrance of the mosque itself, so I experienced the traffic and activity directly. We would regularly walk to the
mosque as a family through the entrance; I never felt

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unsafe. My younger boys would also walk there, being
mindful of traffic, and were able to do so safely.

Attendance for the early and late evening prayers
were hardly noticeable. During Ramadan, I observed activity that was temporary, predictable, and managed with care. At the mosque, a significant portion of the announcements are about our neighbors and how we can be respectful to them, and how we can help mitigate concerns around traffic and noise. That message is consistent and taken seriously by the congregation. In my opinion, the neighbors’ concerns are being taken seriously and actively addressed.

I respectfully ask that the Town continue to
support reasonable mitigation efforts while allowing the mosque to operate in a way that serves its community. Thank you for your time and service.

CHAIR BURCH: Thank you. Any questions for the
speaker? Thank you.

DR. MOHAMMED SUBEH: Bismillah hir-Rahman. In the
name of God, the most gracious, the most merciful. Good evening, Commissioners. My name is Mohammed Subeh; I’m a local ER doctor here in Los Gatos, and I’m speaking not only as a local doctor here tonight, but as someone whose ability to continue doing my work depends in part on spaces like WVMA.

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Recently, during a busy ER shift I took care of a
75-year-old woman who came into the ER with severe
abdominal pain. She was, I noticed, more concerned about getting home quickly, so I asked her why. She told me she’s the sole caregiver for her husband who has advanced
dementia. After imaging and labs, I discovered she had
metastatic ovarian cancer. It was advanced. I knew her time left on earth was likely short. I took her to a quiet area of our ER and I sat with her, explained the diagnosis and the unfortunate prognosis. She listened quietly, and then she began to cry. Not because she was afraid of dying or the pain she was experiencing. Her first words through her tears were, “What will happen to my husband? Who will take care of him when I’m gone?” I held her hand tightly,
knowing this was a profoundly life-altering moment for both my patient and her husband. In that moment of connection, I felt helpless.

I left the hospital that night emotionally
drained. The decision to carry that weight, to share in the grief and the suffering of others, is something we do in the ER every single day. But that night I found myself
unable to shake the emotional heaviness. I knew I needed a space to process, so I drove over to WVMA.

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I entered the prayer hall, a tranquil space that
has become a sanctuary for me, and I sat there in the
stillness, reflecting on my existence and my mortality. I prayed for my patient, I prayed for her husband, and I put myself in her shoes and found myself crying from a deep innate need to release emotions I had been holding in.

It was at that moment that I realized how crucial
WVMA is, not just as a place of worship, but as a place of emotional healing, a refuge where we can ground ourselves and confront our grief, our fears, and our pain.

By approving this CUP, you are recognizing the
vital role that spaces like this play in the mental,
emotional, and spiritual wellbeing of your community. This space provides comfort and a sense of belonging, especially for those of us who give so much of ourselves to others. It allows us to heal so that we can continue to serve our
community and to be there for those who need us most. Thank you so much.

CHAIR BURCH: Thank you. Are there any questions
for the speaker? No. All right, I have, I believe, it’s Manel Khan, Amber, and Adam and Ameen.

MANEL MAHROUGH KHAN: Good evening,
Commissioners. My name is Manel Khan, a resident of Los

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Gatos. I am a board member of Haven Federal Credit Union, I’m a data scientist, and I am a proud member of WVMA.

Before moving to Los Gatos, my family and I lived
in Mountain View. I remember the day my husband came home and told me about this incredible mosque he just
discovered. He described it as a place where people gather, not only to pray, but to reflect, share ideas, and engage in thoughtful conversations. I distinctly remember his
saying, “I think we may have found our home.”
When I came to Los Gatos to see the town for
myself, something immediately stood out to me. I saw the banner downtown that reads, “You belong in Los Gatos.” For many people, it may simply be a banner, but for our family, it was a promise. Between that message and the community we found at WVMA, that sense of belonging became very real.

As a family, that feeling of belonging has
inspired us to give back to our community we now call home in numerous ways, one of which is a small Ramadan tradition where our ten-year-old daughter, Sophia, and I bring
cupcakes from Icing on the Cake to the staff at the Los Gatos Library, and the staff and teachers at her elementary school, Alta Vista. It’s a small way for us to share the spirit of the month and to say thank you to all the

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wonderful people who help make Los Gatos such a great place to raise a family.

In our faith, some of the most important prayers
happen early in the morning and later in the evening.

Extending the hours would simply allow our community to practice our traditions in a way that aligns with our faith while continuing to be good neighbors, and respectful
neighbors.

For our family, that banner in downtown that
says, “You belong in Los Gatos,” really meant something.

Approving this request would help ensure that promise
continues to be real for families like ours. Thank you so much for your time and for your service to Los Gatos.

CHAIR BURCH: Thank you. Are there any questions
for the speaker? No. Thank you. Amber.

AMBER: Hi, Commission members and the Town of
Los Gatos, my name is Amber and I am so proud to say that I grew up in Los Gatos, California. Go Cats.

Los Gatos shaped me as an individual. It was part
of my foundation. My first job was at LGSRC as a lifeguard, later I became a swim instructor, and then was promoted as a swim coach for their club team. I went on to complete my education at UC Berkely, and now I’m currently a PM at one of the world’s leading cyber security companies.

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As an athlete who participated in NJB at Calvary
Uptown, swam, water polo, swam competitively every summer at the high school, and even swam club at LGSRC during by adolescent years, and now still very active and a member at Bay Club, at Yoga Source, and will do drop-Ins at X2o
Studio, if you see me at any of these places, please feel free to say hello, unless I look like I’m fighting for my life or completely out of breath, then let’s pretend like we didn’t make eye contact.

I mentioned sports, because sports and community
are deeply connected. They create spaces that teach
teamwork, discipline, and resilience. It gives people a sense of belonging, which allows them to grow into strong, contributing members of society. Sports have been a place where I take care of my body, but WVMA is a place where I nourish my soul.

Just like we invest in physical spaces for health
and growth, we need spaces that support our sense of
belonging, identify, and community. The mosque is just
that. It represents belonging and identify, something I did not have growing up, but something that has now made me feel whole.

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I ask that we continue to support spaces that
foster a sense of belonging for all, as that is what Los Gatos has always stood for. Thank you.

CHAIR BURCH: Thank you. Any questions for the
speaker? All right. State your name, and then if you guys could just make sure you speak into the microphone.

ADAM AND AMEEN: Good evening, members of the
Planning Commission. My name is Adam. And my name is Ameen.

We are 11 years old. We are here today to show our
experience growing up in this community, and to explain why the WVMA is important to our family and many others.

I was born and raised here in Los Gatos. My
parents always tell me how lucky we are to live in a town where people care about their neighbors and support each other. This town is where we are learning how to become good members of society. Though WVMA is one of the places that has helped us grow, it is not only a place where we pray, but also where we learn about kindness, respect,
helping others, and being responsible members of our
community.

We learn about the teachings of prophets like
Abraham, Moses, Jesus, and Muhammad, peace be upon them, and how these teaching encourage people to care for others and do good in the world. At WVMA, we also meet friends,

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attend educational programs, and participate in activities that teach us how to give back through charity and service.

This is a place where families come together and where
children like us feel safe and welcomed. One of the best parts is that they let us play Pokemon and eat ice cream with our friends, which makes it even more fun to spend time there.

Please allow WVMA to continue serving families in
Los Gatos. It helps many kids grow up with strong values and sense of community. Thank you for listening to us.

CHAIR BURCH: Thank you, boys. Do we have any
questions? No. I have Ahmed Zaafran, Omair Ali, and Zahra Kassam.

DR. AHMED ZAAFRAN: Good evening, Commissioners
and fellow neighbors. Thank you so much for the opportunity to speak with you tonight.

My name is Dr. Ahmed Zaafran. I’m a practicing
clinical anesthesiologist and entrepreneur in our
community. You’ll often find me at a bustling surgery
center down the street taking care of patients. I’ve been honored to take care of medical and surgical patients in Los Gatos for the past 14 years, initially at Stanford
serving surgical cancer patients, then in Palo Alto Medical

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Foundation focusing on women’s health, and now in private practice.

My days are quite long, often 14-plus hours,
typically starting before the sun rises and ending long after it sets. This is time away from family, so WVMA is often my first stop before work and my last stop before heading home. It’s a rigorous and demanding schedule, and accordingly, I need a refuge, a safe haven of worship where I can seek spiritual and emotional strength. West Valley Muslim Association is that place for me.

From seeking comfort and centering myself to
start the day, to breaking bread with fellow worshippers late into the evening, WVMA consistently fills my cup with joy and peace and the motivation to take better care of my patients. What I gain at WVMA directly improves my
wellbeing, and subsequently improves patient care. I know that after a long day at the hospital, I can count on WVMA to be a place of solace and tranquility for me. It is full of loving, comforting, diligent, and warmhearted people that earnestly seek to serve the community. I am grateful for that, because not all communities have that privilege.

I certainly don’t take it for granted, and I feel a strong sense of price, urgency, and peace sharing that with you tonight. Thank you so much for your time.

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CHAIR BURCH: Thank you. Any questions for the
speaker?
OMAR ALI: Good evening, Commissioners. My name
is Omar Ali and I’ve been a Sunday School teacher at WVMA for the past three years, which has been one of the worst decisions for my mental health and self-esteem, because I teach teenagers.

Just a few weeks ago, a student asked me to take
off my glasses so she would see what I look like, and the moment I did, she said, “Eww, you can put them back on,” which I did. I have not recovered since. My morning
affirmations no longer help me, but what has helped me is this community.

It’s the moments after the early morning prayers,
sipping coffee with other parents, talking about life, our teenage kids, back pain, and what it’s like to be born in the 1900s. That’s what WVMA is for us, and that’s why the morning and evening prayers are so important to us. They’re not just rituals; they’re anchors in our day. They give us a place to reconnect, reflect, and build real relationships with people trying to be better parents, neighbors, and members of this community.

As someone who works closely with youth, I try to
instill one thing above all: empathy and respect. Respect

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for others, including our neighbors, and I try to live that myself. I have a 700 horsepower BMW sitting at home that I do not bring to the mosque, because I know it will disturb the neighbors, so I adjusted. I now drive a Tesla, and
honestly, a lot of us in this room do too, because we care.

We listen; we adapt.

Last year I took my students to meet our
neighbors. We dropped off sweets and cards during Ramadan just to introduce ourselves and give some smiles. We are not asking for something unreasonable. We are asking for the ability to observe something deeply meaningful to us in a way that is already quiet, respectful, and mindful to those around us.

WVMA is where I teach my students, not just
through words but through actions, that being a good Muslim also means being a good neighbor, and I’m grateful to Los Gatos for allowing us to be part of this beautiful and
diverse community. Thank you for your time and
consideration.

CHAIR BURCH: Thank you. Are there any questions
for the speaker? No. Zahra.

ZARHA KASSAM: Good evening, my name is Zahra
Kassam. I live in Los Gatos just a few houses away from the WVMA. I run an educational farm in Pescadero where we teach

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about regenerative, organic farming and ecological
restoration as solutions for the challenges facing our
climate.

Before living in Los Gatos, we lived in Oakland,
where our seven-year-old son was bullied at school. He was targeted because he’s Muslim, sadly a very common problem for Muslim students these days. The situation got so bad that his mental health suffered and we ended up moving to Half Moon Bay for a complete change. Living by the beach was lovely, but there was no mosque, and we felt
disconnected from our faith community. We began researching options, visiting mosques all around the Bay Area. When we found the WVMA, we found our home, and rearranged our lives to move nearby.

The WVMA is a very special place. It’s the
perfect sized congregation where you can have a diverse community and everyone still knows each other. We have no extended family in the Bay Area, but it feels like we now have the village we need to help raise our children.

Because of the WVMA, our son is now thriving.

Congregational prayer at the five fixed times of
day is the most important part of being a mosque, and the primary way we keep connected to our faith. With work and school during the day, the morning and evening prayers are

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the only ones we can attend. Our Ramadan prayers are also extremely important, as this is the month when we focus most on cultivating faith and community. Without morning, evening, and Ramadan prayers, a mosque is not really a
mosque anymore. I implore you to allow us to practice our faith freely and to keep our community intact. I implore you to support a rich and diverse Los Gatos. Thank you.

CHAIR BURCH: Thank you. Any questions for the
speaker? All right, the next three speakers are Omar
Shahid, Hamid Shahid, and Lucia Contreras.

OMAR SHAHID: Good evening, members. My name is
Omar Shahid and I’m a student in the seventh grade. I am a young Muslim who is proud to call the WVMA my local mosque.

You may ask how does a small building of this
size bear this much importance to a young child like me? Well, this is where I can work on my relationship with God.

Every single time I come to WVMA, I learn something new about my faith. What it means to be Muslim, the blessings that God has given us, and how we should share those gifts and blessings we have been given with those less privileged in society. These learnings help me, and as my father said when I was a much smaller kid, “Small steps. Big progress.” I’m sure you guys love hanging out with your
friends. For me, there is no better way to start the day

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and end the day than seeing a smile on my friend’s face.

WVMA is the perfect place for that.

Another thing I love about WVMA is oftentimes
after the daily morning prayer, before sunrise, and the daily nightly prayer are lectures, talks, activities, and food, which is a lot of fun. I learned a lot of things from these and have a good time.

In short, it is the best place to learn to enjoy
and connect to God. My father takes me to the nightly
prayers every day, and whenever given the opportunity,
given that I don’t have school, I go to the morning prayers as well.

I ask for a simple offer, to extend WVMA’s
nightly hours, because within these walls is more than just a building, it’s our home away from home. Thank you for listening to me.

CHAIR BURCH: Thank you. Any questions for the
speaker? No. Thank you. Hamid Shahid.

HAMID SHAHID: Good evening, my name is Hamid
Shahid. (Inaudible) at Netflix here at Los Gatos, where for the last seven years I have led many initiatives that have resulted in significant growth of the business, but here I am in my own capacity as a father.

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As the father of two beautiful kids I (inaudible)
excel in all walks of life. I’ve always dreamt that my
children would be raised in a community that embraces
plurality, harmony, and mutual respect.

The WVMA is a vibrant and welcoming community of
diverse Muslims. People of various ethnicities, those who grew up here in the Bay Area and those who chose to move to this mecca of technical excellence. It is a community of achievers, well respected in their disciplines.

I’ve also found WVMA to be a community that
embodies and champions social responsibility, to be mindful of each other, of the environment, of neighbors, and to give back to society. It is the perfect community for me to raise my children in.

For me and my family, the WVMA is more than just
a mosque. It is our home away from home. It is a
foundational space where my children are learning what it means to be a proud, engaged, American Muslim. Within these walls they aren’t just practicing their faith, it is a
place where they are building their (inaudible) as an
upright, responsible, and caring member of society.

As a father, there is no greater peace of mind
than seeing our youth grow with understanding that they can

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and must strive in all walks of professional and public life by remaining true to their values.

For me, the dawn and the night prayers are more
than just rituals, they are anchors that steady my day, and I want to pass on this discipline to my children as well, showing them that our days begin and end with a purpose.

I urge the Planning community to please support
the CUP so the WVMA can continue to provide these services to the community. Thank you so much for your consideration.

CHAIR BURCH: Thank you. Any questions for the
speaker?
LUCIA CONTRERAS: Good evening. My name is Lucia
Contreras. Los Gatos has been my family’s home for ten
years now. We are a family of five; my husband, our three kids, and me. I am a teacher at Los Gatos High School where I have been teaching Spanish for the past four years, and before that I spent five years teaching at Fisher Middle School, so being an educator in this town has been such a gift. I get to work with truly amazing students every day, helping them grow not just academically, but as people.

This town has been the heart of both my family life and my professional life for a decade.

But as much as I love my work, I know it wouldn’t
be possible without a solid foundation at home. For my

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family, WVMA plays a huge part in that foundation. WVMA is where my family comes together. We go there to pray, to celebrate Ramadan, to make memories that keep us connected to our faith. It’s more than just a place of worship, it is where we pass on the traditions and values that are
important to us: kindness, gratitude, and service. These are also the values that I share with my students every day.

As a Spanish teacher, I work with students to
open their minds to new perspectives, to appreciate other cultures, traditions, and celebrations, and to understand the importance of community. Those same values are nurtured at WVMA where my family stays connected to our traditions.

That connection makes me a better teacher and a better
parent. When my children feel they belong, they carry that confidence into school, friendships, and their community.

That’s why I’m here asking for your support in
modifying WVMA’s operating hours. It’s a small change that will allow families like mine to continue living our
traditions, staying connected, and contributing to the
community we love. Thank you so much.

CHAIR BURCH: Thank you. Are there any questions
for the speaker? All right, the next three speakers, I have

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Zayn Zaafran, and it looks like there are two names on it.

Aadil Shaihu, also. And then Leslie Rohn, and Ayah Z.

AADIL SHAIHU: Good evening, everyone. My name is
Aadil and I’m an Eagle Scout from Troop 399, the largest Muslim Scout troop in California. When people ask me what Scouting gave me, I could talk about the many skills like leadership, responsibility, and service, but more than
anything, Scouting gave me a sense of belonging.

For years, Troop 399 met every single week,
whether it was a meeting, a campout, or a service project.

Then, in 2023 our meeting place had burned down. At a time when we were searching for stability, WVMA opened its doors to us. Because of WVMA, our troop still had a place to
gather, to grow, and to lead. It became a place for our ceremonies, our mentorships, and experiences that shaped us. WVMA doesn’t just serve as a place of worship, it
invests in young people and gives them a space to become leaders.

Because of Scouting, and because of WVMA, I stand
before you today, first and foremost as a Muslim, as an Eagle Scout, and as a leader committed to serving this
community, and proud to pass it to my fellow Scout and good friend, Zayn.

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ZAYN ZAAFRAN: Like Aadil mentioned, my name is
Zayn. I’m currently studying biomedical engineering at UC Davis, and I would like to just share a couple of things that WVMA has done for me.

I’m here as somebody whose life was shaped by
WVMA. WVMA gave me more than a place to be, it also gave me opportunities to lead. Through the WVMA Youth Council, I learned how to organize, communicate, and serve others, which are skills I carried with me into my high school, Bellarmine College Prep, and skills that I continue to use to this day.

During my years serving on the Youth Council, I
was able to help lead events that raised over $5,000 for charity and brought together more than 300 people from
across the Los Gatos community. That’s the impact of a
place like WVMA. It helps young people grow into leaders who strengthen the broader community. I’m grateful to stand here as an example of that impact. Thank you.

CHAIR BURCH: Thank you. I don’t think there are
any questions. All right, Leslie Rohn.

LESLIE ROHN: Good evening. I’m Leslie Rohn, and
I’m a retired CPA. After helping build and grow San Jose State University’s philanthropic foundation as it’s COO, I served as CFO for a startup where we were able to realize

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the dream. When choosing where to settle for my next
chapter, I chose Los Gatos. Our mosque was key to my
decision.

As a convert, you often feel that you don’t
belong anywhere. Our choice to follow this beautiful
system, this faith that is more than a religion, separates us from what is comfortable and familiar. In a large
mosque, there is so much of everything that it is easy to get lost in your aloneness. With so many people around you, how do you ask for help?
At WVMA, the feeling of figuring things out alone
is gone, replaced by members who reach out to me. More a family than an institution, each person is behind you to help you when you need it, which is a cornerstone of our faith.

Our holy book, the Quran, is written in Arabic.

After multiple attempts, Arabic didn’t come to me. There are interpretations in English, but they don’t capture the meaning or the nuance of the language. Ramadan is known as the month of fasting, but in reality it’s the month of the Quran, and we fast.

Muslims strive to read the entire Quran during
the month of Ramadan, an impossibility if one doesn’t read Arabic. You can read a transliteration, as I was doing last

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June after morning prayers. A woman heard me struggling to read, and told me, “I can teach you to read Arabic.” I’m in my late sixties, and learning to read another language with a different alphabet has not been easy, but it made this Ramadan a lot different, as now I can slowly read the
letters and the words they form and the sentences that I’ve been listening to being recited for the last two decades of my life. I can’t tell you how incredible that feels. Thank you.

CHAIR BURCH: Thank you. Any questions for the
speaker? No.

AYAH Z.: Good evening, my name is Ayah, I’m 12
years old, and I’m in the seventh grade.

For me, the West Valley Muslim Association is
more than just a building, it’s a place where people come together, support one another, and build a strong sense of community. During special times of the year, I practically beg my parents to bring me here. Seeing familiar faces, sharing time together, and being a part of something much bigger than myself is a very special aspect of my life.

I’ve been in Girl Scouts Troop 61464 since I was
five years old, and many of the values I’ve learned there, including leadership and service, are the same values I’ve learned to practice in my everyday life. These lessons are

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helping prepare me to complete my Gold Award project in the future and give back to the Los Gatos community in
meaningful ways.

One activity that has been extra meaningful to me
is making blankets for people in need through WVMA. These blankets are donated to people could use warmth and comfort through hard times. This act of service has taught me that even young people can make a real difference in someone else’s life.

I have also discovered my love for the arts at
WVMA. I started by entering small art contests at the
center, and was also published in the Youth Anthem Writing Journal. I’m planning to organize a poetry night at WVMA, so kids like me can share our creativity and ideas.

This community has encouraged young people like
me to explore their creativity and try new things. My very first performance happened to be here, and I remember
feeling nervous, but the people around me encouraged me to show bravery and believe in myself. Since then, I’ve been in four major productions and helped WVMA manage props and stage directions. These experiences have helped me grow confidence and they’re part of the reason I feel
comfortable speaking with you today.

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What matters most to me is having a place where
young people feel like they belong. This center creates a space where we can learn, grow, express ourselves, and feel supported by the people around us. Thank you.

CHAIR BURCH: Thank you. Any questions for the
speaker? Thank you. Next I have Dr. Hesham Younis, Maya Younis, and Farman Syed.

DR. HESHAM YOUNIS: Good evening, Commissioners.

My name is Hesham Younis; I’ve lived in Los Gatos for ten years with my wife and our three children. My youngest
daughter is a senior at Los Gatos High, and our older two sons graduated recently. I’m a healthcare entrepreneur with a PhD in engineering from MIT, and I serve as a chief
business officer at NR Health, where we help people
struggling with obesity to improve their health and improve their lives. I also volunteer with the MIT Club of Northern California, where for the past nine years I’ve organized events and conferences that help raise scholarship funds for six under-resourced Bay Area students each year to
attend MIT on full scholarship.

But what I want to share here tonight is more
personal. It’s about how WVMA has been essential to our family’s sense of belonging and growth here in Los Gatos.

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We moved here in 2017, looking not just for good
schools, but for a community, until a year later, when WVMA opened and became that community. It’s where we found a space that helped us stay grounded in values and our faith, and helped our children grow in theirs. For our teens, it’s a place of connection; they’ve built real friendships,
stayed close to their faith, and had strong role models during the critical high school years.

For me, it’s where I often go for evening prayer
after long workdays, a place to sit and reflect and
reconnect, and more than that, it’s become a place of
mentorship and leadership. As someone who works in tech and healthcare innovation, I’m often approached by young
people, students, aspiring engineers, entrepreneurs, many from our own Los Gatos schools, who want advice on careers, startups, or college. We meet in the mosque sometimes after prayer or at youth events. It’s a natural place for
mentorship, and it’s helped cultivate a new generation of Muslim American leaders who are confident, civic minded, and ready to give back.

That’s why I’m asking for your support tonight.

We’re requesting a simple but meaningful adjustment to the operating hours to allow early morning prayer before
sunrise, and to extend the evening hours just 30 nights a

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year during Ramadan. Thank you for your time and for
supporting a Los Gatos that welcomes and grows with all its residents. Thank you.

CHAIR BURCH: Thank you. Any questions for the
speaker? No. Thank you. Maya.

MAYA YOUNIS: Good evening, my name is Maya and I
am a senior at Los Gatos High School. My family has been living in Los Gatos since 2016. We started to attend the West Valley Muslim Association as soon as we could.

When we found out about the Islamic center
beginning to develop in our town, I was thrilled that I had the chance to visit the WVMA far more frequently than I was ever able to at other locations because of its vicinity to my house.

The WVMA itself has helped me build my strength
in my religion in unimaginable ways. After meeting a Muslim friend at school during my freshman year, I helped develop a Muslim Student Association at school with her and several others. Having met someone who helped me visit the WVMA more frequently, I realized how much I really appreciated every moment I spent there. I’ve built relationships and expressed myself freely in ways I know I wouldn’t be able to achieve had this WVMA, so close to my house, not been established. It’s the calmest environment I know, and for

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me, it provides the truest way to ground myself. As a
student in high school, the stress of school is
overwhelming and oftentimes highly intense. A lot of the stress I feel daily fades when I am at the WVMA.

For me and many, many others, increasing the
operating hours at our safe place is very important. The opportunity to gather there, whether it be for late night prayers during the month of Ramadan, or for other events, is impactful. My dad goes nearly every day to the WVMA, and it’s comforting to see him go to practice our religion with other Muslims, meet people, and interact. I know if we
didn’t have this change we’d be spending a lot more time at home where we aren’t social and aren’t being an active part of a community.

When I’m alone, or even when I’m overly stressed
with schoolwork, I can always find a sense of comfort with an easy and convenient visit to the WVMA. Thank you.

CHAIR BURCH: Thank you. Any questions for the
speaker? Thank you.

FARMAN SYED: Good evening, honorable members of
the Commission. My name is Farman Syed. I’m a technology executive of over 25 years in Silicon Valley. I hold
degrees from both UC San Diego and Duke University, and I’m proud to call this area my home. My wife is a personal

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trainer who runs a small, local business, and both of my children were born just down the road at Good Samaritan Hospital.

I came to the South Bay with my family when I was
just six years old, and we have lived here for over four decades. When I was growing up, the Muslim community had few natural gathering places. As a result, I grew up
feeling that I was different, and sadly, was embarrassed of my Muslim faith amongst friends who were almost all nonMuslim.

Now, though, my heart beams with how this area
has grown so inclusive and beautiful. In the forty years that I have been part of this community, many local mosques have opened, but none is dearer to me than WVMA. WVMA is not just where I come to pray, it’s where I come to meet friends for coffee on weekends, where my wife has taught fitness classes to women who have no gyms that serve their need for privacy, and where my children have attended
Sunday School, not just to learn about their faith, but to learn to normalize it.

WVMA has always sought to be a place for kindness
and inclusivity, and that includes with our neighbors. In fact, my own non-Muslim neighbor has joined us to attend multiple events at WVMA, just because she sees the joy on

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the faces of the children here. My own father who helped build many community centers across the bay still asks me to bring him to WVMA from Palo Alto during Ramadan, just because he loves the intimate nature of praying there.

Now, I’m not asking this community to help me
drive my dad from Palo Alto, I’ll continue to take care of that myself, but I am asking to provide the accommodation for WVMA to allow early morning prayer before sunrise, for one hour extra in the evening, just during the month of Ramadan. These seemingly simple adjustments would make a world of difference for those Muslims in this area who, like me growing up, are simply looking to find their
community. I thank you deeply for your consideration.

CHAIR BURCH: Thank you. Are there any questions
for the speaker? All right, our next three speakers are Rabee Ikkawi, Dirci Souza, and Musa Abbassy.

RABEE IKKAWI: Good evening, my name is Rabee
Ikkawi; I’m an engineering scientist with a PhD in
electrical engineering from the University of California. I dedicated over ten years of my life designing next
generation memory devices, then took a sabbatical to help my wife grow her business, Kids Atelier, which is actually headquartered right here in Los Gatos, 210 North Santa
Cruz. Today it’s a national business with 16 locations and

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over 200 people, 12 of which are actually working out of downtown Los Gatos.

More importantly, I’m actually a father of two
girls, Yasmina and Tuleen. Both did all their education here in the Los Gatos School District, and both captained the varsity tennis team at Los Gatos High School, actually taking them to a 13-win streak last year, finals in CCS.

Both absolutely love WVMA.

Our passion to this beautiful town, not only
because of how whimsical and beautiful it is, and he
reflected that, and actually the fashion collection my wife designs, every single collection is named after a street in Los Gatos. Today we sell in over 75 countries, and the
story of the brand is a brand from Los Gatos, so the day Vogue magazine will highlight a brand from Los Gatos is coming soon, hopefully.

Our love to the Town, although we loved the Town
prior to WVMA, but as a minority, once you know that you have a place to belong to, it was really boosted, so it actually made it complete. We no longer have to drive to Saratoga or to MCA, which are the other places where there are mosques, so it just feels so beautiful to belong in the community where we dedicated our professional and family lives. We want to continue to grow in Los Gatos. We want to

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continue to call Los Gatos home, and we just feel that it’s just an amazing feeling to be embraced by a Town that we’ve given so much to, and we will continue to give.

The ask is very clear, it’s very humble, but it
means a lot to every single one in this room to be
embraced, more importantly, by our neighbors, and then our extended neighbors, and by the majority of the Town. We add so much value and will continue to add value to this town, so we would love to be just reciprocated with the love and passion we show to this town. Thank you so much.

CHAIR BURCH: Thank you. Are there any questions
for the speaker? All right, thank you.

DIRCI SOUZA: Good evening, Commissioners. My
name is Dirci Souza. I’m a mom, wife, and business owner living and working in Los Gatos since 2008. I’ve been
serving this community with dedication and gratitude. All three of my children were born here and attended the
schools in Los Gatos. Their friendships, education, and social lives are deeply rooted in this town.

I’m also a convert to Islam. I’ve been to
different community centers in Los Gatos and want to point out why, in today’s time, it is so important for any family to have WVMA in Los Gatos.

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Number one, because with WVMA children can
connect with other children, share the faith of their
parents, and feel at home in a community gathering space.

Number two, with WVMA there is a local religious
leader to guide, answer questions, and offer support.

Number three, with WVMA there is a place for
charitable donations, social service, and community
outreach.

Number four, with WVMA Friday prayers, a central
part of our whole week, have a home.

Number five, with WVMA we find the joy and
communal beauty of celebrating our holidays, like Eid. Just as other houses of worship offer meaning and belonging for their families, a mosque does the same for our Muslim
families.

Number six, with WVMA we can fully practice
Islam.

Finally, WVMA is more than a place of worship, it
is a hub for education, communication, problem solving, and community building. It empowers our children to feel
connected to, confident in, and responsible for their
community, especially when that community is also their birthplace. With WVMA this town feels complete. Thank you very much.

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CHAIR BURCH: Thank you. Any questions for the
speaker? Thank you.

MUSA ABBASSY: Good evening, Planning Commission.

My name is Musa Abbassy, and I’m a student at Los Gatos High School. I live just down the street from WVMA, so I’m not only a resident of Los Gatos, but of this neighborhood as well.

When I first moved here as a freshman, adjusting
to a new school and environment was challenging. Around that time something happened in my personal life that made me reflect deeply on my faith. I realized that being born into a religion was not enough, I needed to find it for myself.

During Ramadan of my freshman year, I began
spending a lot of time at WVMA. I prayed, read our holy book, the Quran, and reflected for hours each day. Some days I spent more time at the mosque than at my own home.

Walking there, being a part of the community that welcomed me without judgement, and witnessing the care and support around me transformed WVMA into a sanctuary. It became the one place where I could truly feel at peace and grounded, no matter what challenges I faced outside its walls.

Over time, I also worked with my sister to help
establish an MSA, Muslim Student Association, at our

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school, creating a space where Muslim students could
connect with their faith and support one another. Since my sister has graduated, I have become the president of the MSA. This role has allowed me to bring what I learned at WVMA into the school community, giving others a place to grow in their faith.

WVMA has also allowed me to support friends in
their own journeys. Some of my Muslim friends at school were trying to strengthen their understanding of their
faith, and I was able to help them learn things like how to pray and begin reading the Quran. When I brought them to the mosque, the community welcomed them and helped guide them as well. Seeing them find support and a sense of
belonging strengthened my own sense of purpose and
connection.

WVMA has not only been a place for me to grow in
my faith, but also a space where I’ve learned leadership, empathy, and responsibility. It shaped me as a student, as a member of my school community, and as someone who can give back. Being able to practice my faith, and help others do the same, has been life changing.

Approving the Conditional Use Permit adjustments
will allow WVMA to continue serving as a safe and
accessible space for reflection, prayer, and community

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support. Extended hours for early morning and evening use are especially important for students like me. Thank you for your time and consideration.

CHAIR BURCH: Thank you. Are there any questions
for the speaker? All right, thank you. Our next three, Dale Gustafson, Mariam Farooq, and Nada Attar.

PASTOR DALE GUSTAFSON: Good evening, my name is
Dale Gustafson and I’m the at Calvary Church in Los Gatos, as well as the Chaplin for the Los Gatos Police Department.

I’m encouraging you to support the request of the
WVMA to expand their Conditional Use Permit hours to
accurately support their historical faith practice, one that goes significantly deeper than the manmade schedules of our society, but they are actually connected to the
rhythms of the natural world, something that we cannot
control or regulate, no matter how often we have tried.

A gathering of a faith community is not just a
scheduled event; it is a central expression of faith.

Practices like prayer, worship, and seasonal observances don’t always fit neatly within limited time windows.

Expanding these hours would allow them to practice their faith and belief to the fullest.

Places of faith quietly strengthen our town each
and every day. They do so by caring for people in crisis,

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supporting families, mobilizing volunteers, and building community. They don’t just serve their members, they reduce strain on public systems and help create a healthier, more connected town for everyone.

This request is not about growth for its own
sake; it’s about freedom for people to practice faith in a way that aligns with the tenets of their beliefs. A faith community needs the ability to fully express its beliefs, not just privately, but together and in rhythm with its practices, and when that happens, people are more grounded, they’re more connected, and they’re better able to
contribute positively to the wider community of Los Gatos.

CHAIR BURCH: Thank you. Question with
Commissioner Burnett.

COMMISSIONER BURNETT: Yes, thank you. Could you
tell me your hours for your church, Calvary? When is the earliest morning hour that you have congregants come, and what is the latest hour?
DALE GUSTAFSON: Yes, we have time within our CUP
with exceptions that we can have people within our building past 10:00 o’clock. It depends on what we’re doing. We
submit it to the Town, we have up to 30 different times were we can do that, but most of our hours are within the timeframe of the Town hours, but we do have extensions.

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COMMISSIONER BURNETT: And what would be your
earliest morning hour?
DALE GUSTAFSON: The earliest morning hour that
we would have people come and gather under one of the
exceptions?
COMMISSIONER BURNETT: Yes.

DALE GUSTAFSON: Probably 7:00am.

COMMISSIONER BURNETT: Thank you.

CHAIR BURCH: Commissioner Stump.

COMMISSIONER STUMP: Pastor, I know over the
years that Calvary has had issues that neighbors have
raised, and Calvary has addressed them. Could you just
address what some of those issues were and how Calvary went about addressing them with the neighbors?
DALE GUSTAFSON: There have been a lot.

COMMISSIONER STUMP: Yes.

DALE GUSTAFSON: I would say that how we address
them with the neighbors, we strive to be in good
communication with them always. I think that whenever there is an exception to what we need to do, we try to
communicate it quickly. Some of our restrictions have been where we warm up our buses, where we load our buses, so we try to move them to the front of our building. Even though it’s been a risk at times for us, we do those things. We

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are incredibly limited in how we use a major section of our church though, it’s a parking lot, and we can only use it under extreme care in situations, and we’ve done so because that’s what the neighbors solidified to get our CUP in the early 2000s, so we do that to maintain, and even though we often are engaging with neighbors over the walls and
sitting on their roofs when we host Town events like the safety commissions and things, we still just try to
communicate best we can. So, that’s the best way we do, and we are on a first name basis with all our neighbors, so we do our best. We just do our best.

COMMISSIONER STUMP: Appreciate it.

CHAIR BURCH: Mariam.

MARIAM FAROOQ: Good evening, my name is Mariam
Farooq. I’m an occupational therapist working with students with special needs in the Los Gatos-Saratoga Union High School District. I’m also a resident of Los Gatos. My
husband and I moved here nearly three years ago with our daughter, and we now have another baby on the way.

I grew up in a small town on Long Island, New
York very similar to Los Gatos, and just minutes from our local mosque. It wasn’t just a place of worship, it was where families gathered, where children grew up together, and where a real sense of belonging existed. As I became a

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mother, I hoped my children would grow up with that same sense of community.

Before moving to Los Gatos, we lived in South San
Jose and Palo Alto. They were wonderful places, but we
never quite found that feeling, that kind of place where community naturally forms and families connect.

When my husband first showed me the listing for
the home we live in now, one of the first questions I asked was how far the mosque is, because after living in other parts of the Bay, I knew that was a piece that had been missing. When we found WVMA, everything changed.

WVMA has become a second home for my daughter
where she has made friends and is experiencing the same sense of belonging as I had as a child. It’s also where I’ve met people who started as neighbors and friends, but have truly become like family.

As an occupational therapist, I spend my days
helping students feel supported and included in their
community. During Ramadan especially, spaces like WVMA show how powerful that sense of belonging can be for families.

WVMA is one of the reasons Los Gatos truly feels like home for us.

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I respectfully ask the Commission to support the
CUP so this community space can continue to serve families like mine for years to come. Thank you for your time.

CHAIR BURCH: Are there any questions for the
speaker? No. Thank you. Nada.

NADA ATTAR: Good evening, my name is Nada Attar.

I’m a Los Gatan, a mother, and tenured professor at San Jose State University. I live six minutes from the WVMA.

Truthfully, I bought a house in Los Gatos because of WVMA.

WVMA is very special. It has a uniquely warm and
inviting ambiance where anyone new is immediately embraced by the community. It’s also a place of quiet solace for me personally, especially during the morning prayer, from an otherwise hectic and busy lifestyle. It’s really important to me that the WVMA continues to operate, especially at the time of the morning prayer.

I’m a mother to twin six-year-old girls. They
will start first grade at the local public elementary
school, and are already regulars at local institutions for fencing, gymnastics, reading, and so forth. But they are also students at the WVMA, learning about their identity, religion, and how to grow to be upright and contributing members to the Los Gatan community. Their closest friends are also members of WVMA, and they often come to it during

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the evening. It’s therefore important to my children that the WVMA operates during the evening prayers.

Professionally, I’m proud to be an educator in
service of the community at the closest State University to Los Gatos. Many past and current students from Los Gatos High School study and do research with me. I see this as a way to give back to the Los Gatos community that has
welcomed me as a resident.

SJSU has also benefited from WVMA. They have
invited the Imams to the campus many times, and I often see my students here are WVMA. WVMA is not just a religious space, but a critical artery for cultural and educational activities for Los Gatos. WVMA needs your support. Thank you.

CHAIR BURCH: Thank you. Are there any questions
for the speaker? Thank you. The next three are Fouzia
Babar, Ahmed Moneim, and Salma Farahat, and following these three, we will be taking another break.

FOUZIA BABAR: Good evening. My name is Fouzia
Babar. I lived in Los Gatos for over six years, and my two kids attended Saint Mary. They spent their childhood at Lolli & Pops and WVMA.

During that time, I also served as vice president
at Avive Solutions. Avive is a medtech company building the

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25 first and only 911-integrated AED designed to get
lifesaving care to people during a sudden cardiac arrest.

Before that, I spent eight years working in hospitals, so I’ve spent a large portion of my career thinking about real world problems and what would or wouldn’t be detrimental to public health and safety. I’ve seen firsthand what happens in critical moments, and public health and safety matters often depend on what a community already has put into
place. After we received our FDA approval in 2022, the very first organization to purchase an AED wasn’t a school or a corporate campus, it was purchased by the leadership at WVMA right here in Los Gatos, and it is affixed in our
prayer hall.

Every time I walk into the prayer hall, I’m
reminded how WVMA showed us what it means to lead by
investing in something that could save a life, not just for the people inside of the building, but for anyone in the surrounding community who might need, because when an
emergency happens, it doesn’t ask where you are, it happens wherever you are, ready or not. In those moments, every minute matters, so the real question becomes will help be arriving in time, or will somebody nearby already be ready to act.

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25 With a connected AED, WVMA leadership has made
that choice to be ready, not just for themselves, but for the community and its vicinity. This is what safety looks like, and this is what leadership looks like. When the
unexpected happens, as it always does, wouldn’t you feel comforted knowing that help is right there in your own
community? Thank you.

CHAIR BURCH: Are there any questions for the
speaker? All right, thank you. Ahmed.

AHMED MONEIM: Good evening, honorable members of
the Commission. My name is Ahmed Moneim. I speak to you today not just as a resident, but as someone deeply rooted in this community. I am very proud to own two homes here, and two clinics in Los Gatos, and for the record, I have only one WVMA.

For more than 20 years, our family has proudly
called Los Gatos home. Our three children were born and raised here; our son Adam, our twin daughters Alexandria and California—yes, her name is truly California—who
attended Daves Avenue Elementary School and Van Meter. I have the privilege to monitor the (inaudible) of health care profession in our two clinics as Associate Professor at UCSF. When my wife moved here from Brazil, we chose Los Gatos to plant our roots, and we found home. We have always

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25 felt a strong connection to this town, which as many of you know, it was the base for the 1994 Brazilian winning team.

We wish our USA team all the best in this coming World Cup.

Our love for this town has led us to open a
small, free dental history museum in downtown Los Gatos from 2010 to 2015. It is our way to giving through
education and community engagement.

A center like WVMA strengthens the fabric of Los
Gatos by bringing families together and encouraging the spirit of community. WVMA is a vital part of the family life. After a long day at work, when my children ask me to go out, it’s the safest place and closest place to our
home. Attending the final evening prayer at this mosque has become a peaceful, grounding tradition for us. Because our faith tradition and family schedule often extend to the evening, I respectfully ask the Commission to approve the extension of the use of their permit hours, and I sincerely appreciate your time and thoughtful consideration for this request. Thank you very much.

CHAIR BURCH: Thank you. Are there any questions
for the speaker? Thank you. Salma.

SALMA FARAHAT: Good evening, Commissioners. My
name is Salma, and I’m currently a college student at UC Davis. In the past couple of years WVMA has played a very

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25 critical role in shaping my leadership and sense of
responsibility.

During my high school years, I completed my Eagle
Scout project for the highest rank of Scouting by building a storage shed for the mosque. What made that experience especially meaningful is that WVMA was the only mosque that gave me the opportunity to take on that project and lead it with over 20 other community members from start to finish.

That experience was not just about construction, it was learning how to lead, how to organize, and how to give back to a community that believed in me and trusted me with that responsibility as a high schooler.

During that project, I also had the opportunity
to grow in another very important way. Some of our
neighbors shared concerns about noise and disruption, and I’m genuinely grateful for that feedback. I immediately took the feedback into account, shifting our working hours and using quieter tools. It taught me how to listen, how to adapt, and how to be more mindful of the people around me as a leader. I learned that leadership isn’t just about completing a project, it’s about being responsive, being respectful, and minimizing negative impact on others.

This is what WVMA represents to me: a place that
actively builds leaders. It provides young people like me

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25 with the structure, the mentorship, and the opportunities to serve, helping us grow into individuals who are
thoughtful, who are accountable, and committed to
contributing beyond just ourselves. Today, as I continue my education, I carry these skills into my work on campus, in the organizations I’m a part of, the leadership roles that I take on, and the way that I engage with others.

I respectfully ask you to support the proposed
modifications to WVMA’s operating hours so that this space can continue providing opportunities like the one that I was given in high school, opportunities that develop young leaders who contribute meaningfully and responsibly to the Los Gatos community. Thank you.

CHAIR BURCH: Thank you. Are there any questions
for the speaker? We are going to take a break.

DIRECTOR PAULSON: Through the Chair, those of
you who are patiently waiting on Zoom, we still have a
number of cards here in the room, and then we will provide an update later, but we do see your hands raised; we’re just trying to get through the cards in the room.

CHAIR BURCH: Thank you, Mr. Paulson. We’ll be
back in about ten minutes.
(INTERMISSION)

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25 CHAIR BURCH: All right, everybody. We still have
quite a few to go, so I’m going to keep going through them in threes. It’s been really helping that you guys have been lining up and queueing up like that, so I think we’ll keep doing that and it will help us to keep moving through
quickly. My first three are Naiema Din, Chivon Blanton, and Mohammed Harrim.

NAIEMA DIN: Good evening, members of the
Planning Commission. My name is Naiema Din and I am the coowner of Kenz Coffee Roasters, and we run Kenz Coffee Bar on Leigh Avenue in Los Gatos. Our outdoor coffee bar serves as a local small business that the neighborhood cherishes as a place to get their daily coffee drink, a pitstop on their morning dog walks, or a meetup to catch up with
friends. On the days when our coffee shop is closed for maintenance or staff breaks, we will get frantic messages from the locals asking when we will reopen, because they need their Kenz! We feel gratified to serve local residents who have been phenomenal in their support through continued patronage. Kenz Coffee Bar has become a fabric of the Los Gatos neighborhood and one of the main reasons we chose Los Gatos to open our coffee shop is because of its close
proximity to WVMA.

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25 Recently, our coffee shop was the target of antiIslam and anti-Arab hate, given our ownership of the business. It began with coordinated negative online
reviews, and eventual vandalization of our premises,
labeling us as, “terrorists.” I was shaken when I woke up to this news, and the first people I reached out to was our community at WVMA. After I checked out the shop to make sure everything was okay, I drove straight to WVMA and
prayed, and then checked in with my friends there. When acts like this happen, it helps to have our community there to support us, and I have never felt more grateful to have the WVMA there as our support.

And that is the beauty of the WVMA: it brings
people to the beautiful town of Los Gatos and becomes an extension of the community that we foster in Los Gatos. We are lucky to be able to provide that for the community
here, and we hope that the Town continues to celebrate this as well. Thank you.

CHAIR BURCH: Are there any questions for the
speaker? Thank you.

CHIVON BLANTON: Good evening, my name is Chivon
Blanton. I’m a data scientist at Intel. This is a love
story. When my family moved to California almost 14 years ago, we came without attachments, so we explored

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25 communities from San Francisco to Santa Cruz. Los Gatos called us home.

In the following years, my four children have
grown up in the Los Gatos schools. My two oldest recently graduated from Los Gatos High School, and my two youngest are currently at Fisher. We spent ten consecutive years at Daves Avenue. While there, I served on the Home and School Club board, and my husband served on the Financial Advisory Committee.

Being part of the Los Gatos community has been an
incredible blessing, but not without challenge. At times my children have struggled to fully embrace their
multicultural identity, being teased for having Arabic
names or for fasting during Ramadan.

So, when WVMA was established in Los Gatos, I was
so thankful for the fundamental message it sent to my
children. We belong here. Over the years we have attended so many activities at the mosque. One of our favorites was improv classes that we attended as a family.

Ramadan, though, is the most important time of
year for our family. At home, we slow down as much as
possible, we spend time reflecting on our faith and our values, and we prepare special foods to break our fast.

During the day we endeavor to patiently fast while working,

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25 going to school, and honoring our commitments. In the evening, attending prayers at WVMA is absolutely a
highlight. We pray for our families, we pray for our
community, we pray for our government, we pray for peace.

I didn’t grow up Muslim and first fell in love
with Islam during Ramadan, so to fully share this
experience with the loves of my life, my husband and my children, and the community that we love, Los Gatos, is something I cherish.

Please approve the accommodation for extended
prayer hours and reinforce the message to our children that we fully belong here. Please, let us pray. Thank you.

CHAIR BURCH: Thank you. Any questions for the
speaker? Thank you.

MOHAMMED HARRIM: Good evening, Commissioners. My
name is Mohammed. I am a husband, a father of four, and an active member at WVMA. I also work in tech here in Silicon Valley, and like many others in this area, my life is fast paced, demanding, and often overwhelming. Before moving here, I spent years on the East Coast and globally, but Silicon Valley is different. It’s uniquely intense. It’s a place where people are constantly chasing deadlines,
promotions, and wealth, and while that drive builds
innovation, it also creates stress, burnout, and at times,

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25 a very toxic pace of life. I see it every day in my
coworkers: exhaustion, pressure, and a constant sense of running without (inaudible).

And yet, they often ask me something surprising:
“Mohammed, how do you always have this energy, this calm, this positivity?” The answer is simple: it’s WVMA. It’s the rhythm it gives my life through prayer. The night prayer is where I go to unload, to empty everything I’ve been
carrying, the stress and the backlog of the day. It’s where I reset so I can go home with peace. And the morning prayer is where I recharge before all the chats, emails, and
meetings. I start grounded, focused, and intentional. It really sets the tone for everything that follows.

This balance does not just help me; it also
shapes my family. My wife and my children love WVMA.

Through its programs and community, they are growing with a sense of belonging, purpose, and values that are hard to find elsewhere. Because of WVMA, we don’t just live here, we feel alive here. We feel connected, we feel that our lives have a meaning beyond just work and routine. That’s what these prayers provide. Not noise, not destruction, but grounding, healing, and purpose.

I respectfully ask for your support so families
like mine can continue to live balanced and meaningful

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25 lives. Thank you. And I respectfully ask at this point to give the opportunity to our neighbors, so hopefully we can potentially change the order of cards.

CHAIR BURCH: Yes, they’re stacked in the order
they came, but I think that that’s coming, so yes, thank you. Are there any questions for the speaker? All right, our next three speaker cards are Naheed Vora, Razi
Mohiuddin, and Jim Ratcliff.

NAHEED VORA: Good evening, Commissioners. My
name is Naheed Vora. Professionally, I’m a product leader at Google, where I’ve been serving for the past ten years, and I focus on protecting users around the globe. I bring the same level of professionalism as a board of trustee member at the WVMA, where I also have served as a
treasurer, and a Chair of Endowment for the past five
years. But today I’m speaking on a personal basis.

What I want to do is our faith in particular
teaches us to be respectful to our neighbors. It is our fundamental duty; it is a core principle. It’s not a
cliché, it’s a core principle, and I think one of the
things that’s repeated again and again 30 days in Ramadan this past month is we need to take care of our neighbors.

We recognize the challenge between taking care of
the congregation’s religious obligations, and also

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25 respecting the rights of our neighbors. It’s a hard
problem, and we welcome the opportunity to try to problemsolve this in a respectful manner. To that effect, this Ramadan and the past couple of Ramadans we have implemented major changes, and I’m going to talk about three big ones.

The first one is prayer, the second one is
processes, and the third one is people.

The first one, the prayer. Our religious scholar,
he talked about the need of praying the full Quran each night every day, one chapter of the Quran every night. We got a religious exemption to make it half. That’s a big deal. It’s religiously a very big deal to everybody here who goes and wants to pray and listen to that whole Quran.

The second is the process. We had the Rawdah on
the Los Gatos Boulevard so that the people who are driving to can slow down. We had guards who are taking care of the traffic management. We also had both the drivers during the exit, and as an engineer originally, that’s multiprocessing right there. Exit and entry at the same time at night.

And the people. We reached out to Los Gatos
Police to make sure that we are doing the right thing, and we also reached out to neighbors again and again to make sure that we are listening, and we got really positive
feedback, and then repeatedly we told the members of our

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25 community, “Hey, make sure you are carpooling. Make sure you are not driving fast, and you leave quietly after the prayers.”
At the end of the day, what I want to conclude on
is that we request the Commission to approve the CUP,
please. Thank you.

CHAIR BURCH: Thank you. Don’t leave yet. Are
there any questions for the speaker? I have one. So, the first thing that you talked about was prayer, and I had a note from earlier that this standard is 20 prayers in a night.

NAHEED VORA: That’s right.

CHAIR BURCH: So, is what you’re saying is you
guys now have an exemption to do ten?
NAHEED VORA: No.

CHAIR BURCH: Or how does that work? How does
that relate to us, to like timing or whatever?
NAHEED VORA: It’s a good question. Either you
can pray 20, but in each prayer how much Quran you read is you can decide. And ideally speaking, what happens is that you can reduce the amount of content that is being read.

Ideally speaking, you will try to finish that chapter
within those 20 prayers. If you cannot, then you are
actually not finishing. Actually, there is a celebration on

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25 the 27th night; that’s why there are a lot of people who go to the (inaudible) and I think that the traffic problem exists. You know why? Because we finish the Quran, and at that finish, that’s the culmination of reading the whole chapter, and everybody comes and celebrates. That’s a big deal, and that kind of shows the emphasis that people do care a lot about completing that whole 30 chapters.

CHAIR BURCH: All right, thank you.

NAHEED VORA: You’re welcome.

CHAIR BURCH: I think it might be Razi.

RAZI MOHIUDDIN: Chair, I think that my card may
have been recycled.

CHAIR BURCH: Oh, you got it twice, didn’t you?
RAZI MOHIUDDIN: Yes.

CHAIR BURCH: Sorry, I didn’t even pick up on
that. Jim Ratcliff, and then the next is Michele S.

JIM RATCLIFF: Hi, I’m Jim Ratcliff. I am the
next-door neighbor to the facility. Thank you, Planning Commission, for reading all the documents and viewing the videos, and conducting site visits. I know that was pretty labor intensive.

I was born and raised in Los Gatos, and I raised
two sons here. Both my wife and I went to Fisher and Los Gatos High. My two sons went to Van Meter and Fisher and

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25 Los Gatos High. We’ve lived in our home for 26 years, and it’s been great. We love the neighborhood.

But in the last two to three years, it’s been
difficult. We’ve been asking the Town to help deal with the increased activity at the facility, the unsafe neighborhood streets, the constant code violations, without any help.

I’ve had to call Los Gatos PD and document multiple
violations to get it on record. I’ve had to download videos of curfew violations submitted to the Town. This is very labor intensive. But nothing has changed in the behavior of the facility. No repercussions from the Town. The Town
seems to be ignoring this.

The Town has a duty to protect the public safety
for the residents. Why am I doing the Town’s job? I’m not a police officer. I’m not someone that is conducting
violations. I am a podiatrist. I have worked in this
community for three decades serving the community. I love my job. I love helping people. Why isn’t the Town helping me?
This didn’t have to happen. My wife and I have
met with the founder and the leadership of the facility three times over the past two years. We come up with some suggestions, some solutions, some compromises. We asked for some compromises. He denied every one of them. Is that what

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25 a good neighbor does? Aren’t we supposed to work things out?
Now the facility wants to expand their hours.

That’s going to be a very big hardship. We have older
patients, older residents with chronic health conditions.

That’s going to affect their sleep. It’s documented that people need eight hours of sleep a day to maintain their health. We have people with diabetes, chronic pain. Please do the right thing and deny this modification.

I know the members of the facility love the
neighborhood. Let me love the neighborhood. Thank you.

CHAIR BURCH: Don’t leave yet. I think there are
going to be questions. Commissioner Sordi.

COMMISSIONER SORDI: You mentioned code
violations. Can you provide a little bit more background about what code? You mentioned curfew, I think.

JIM RATCLIFF: Curfew during Ramadan. Curfew
during… They’ve done construction on weekends. It’s been exhausting.

COMMISSIONER SORDI: Was it documented and
submitted to the Town?
JIM RATCLIFF: Yes, multiple times. I’m like
invisible.

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25 COMMISSIONER SORDI: Do you have any dates on the
construction?
JIM RATCLIFF: The Town has everything.

COMMISSIONER SORDI: You’ve got all the
correspondence.

JIM RATCLIFF: Paul has got it.

COMMISSIONER SORDI: Then you mentioned
compromises that you suggested that were rejected. Can you list…
JIM RATCLIFF: We talked about the shuttle. We
talked about carpooling, different parking strategies.

We’re reasonable people. I’ve lived here my whole life.

This has been really disturbing from my point of view from the Town. The Town has just abandoned me.

COMMISSIONER SORDI: Okay, thank you.

CHAIR BURCH: Commissioner Stump.

COMMISSIONER STUMP: Thank you for your comments
this evening. I wanted to ask you about curfew violations during Ramadan. What is your understanding of the curfew currently during Ramadan?
JIM RATCLIFF: They need to exit the building by
11:00pm.

COMMISSIONER STUMP: And what does that mean to
exit the building by 11:00pm?

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25 JIM RATCLIFF: It just means that no cars should
be exiting the complex at that time, and this year they violated that.

COMMISSIONER STUMP: Commissioner Sordi may have
asked this question, but you mentioned that you proposed a number of compromises, obviously one of them around parking and the potential for carpooling, shuttle, other maybe
offsite parking options. What else, Mr. Ratcliff, have you suggested to the community?
JIM RATCLIFF: There could be something like
permit parking, because Farley Road is a street without sidewalks and limited lights. When they have cars parked on both sides of the streets there are people walking down the street in the middle of the street. That is not safe. I don’t understand why the Town is not recognizing this. This is not safe for the members, it’s not safe for the
neighborhood.

COMMISSIONER STUMP: Chair, one last question, if
I might.

CHAIR BURCH: Yes.

COMMISSIONER STUMP: Mr. Ratcliff, you mentioned
that you’ve lived there for 26 years, and I’m assuming at this point in time, if my math is correct, that you had

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25 experience with the prior religious institution that was located there?
JIM RATCLIFF: Yes.

COMMISSIONER STUMP: What sort of issues did you
have with that institution?
JIM RATCLIFF: None. I never had to call LGPD or
report a compliance violation in the whole time that they were there.

COMMISSIONER STUMP: Mr. Ratcliff, thank you.

CHAIR BURCH: Commissioner Burnett.

COMMISSIONER BURNETT: Yes, thank you. Do you
know, is their current CUP in compliance with…
JIM RATCLIFF: No, they have people coming in
early in the morning, as early as 5:30 in the morning, and this really affects my neighbor down the street, and my understanding is they’re not supposed to be coming in
before 8:00am.

COMMISSIONER BURNETT: So, the present CUP they
are out of compliance with?
JIM RATCLIFF: For three years, yes.

CHAIR BURCH: Vice Chair Barnett.

VICE CHAIR BARNETT: My understanding from the
prior comments is that WVMA has encouraged its congregant members to carpool as an ongoing effort to assuage the

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25 neighbors. Is that something that you find insufficient, and if so, why?
JIM RATCLIFF: If they’ve been carpooling, it’s
not really working, because there is still a tremendous amount of cars parked on our street, and again, I can’t emphasize enough, when you get cars parking on both side of Farley Road, people have to walk in the middle of the
street to get to the facility. There are videos documenting all of this; it’s very unsafe.

VICE CHAIR BARNETT: A follow-up, please. Could
you articulate, give us an idea of what kind of a carpool condition you would like in the Conditional Use Permit.

JIM RATCLIFF: Well, it would be efficient if
they could get as many people in a car as possible. They only have 180 parking spaces. I would propose limiting the parking to 180 in the facility, and then having some sort of a permit parking on Farley Road, just to give us a
little bit of respite, especially during Ramadan.

VICE CHAIR BARNETT: Okay, thank you very much.

CHAIR BURCH: Any further questions? Thank you.

Michele.

MICHELE S.: Good evening, and thank you for the
opportunity to address the Commission today.

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25 As a child of immigrants parents, I understand
the importance of belonging. My parents instilled in me to treat others as you wish to be treated, respect
individuals, and practice kindness. My father always had an extra space at the table for friends, for family, and for strangers.

Throughout my life I have been blessed with a
culturally rich life and a career, and as such, I’ve been enriched with working with many diverse colleagues. Finding appropriate settings for my Muslim coworkers during
business trips in order for them to pray while away from their home and participate in strategically important
meetings was very, very special to me.

I respectfully ask that my sanctuary, my home,
provides me with the solace that I need without me having to go to a place of worship. It’s just as sacred to me.

The Town’s approval for a religious facility came
with the disclosures about the hours. The Muslim religion has been around for a long time, and I respect that and all the tradition that comes with it, but asking the neighbors in a quiet environment to bear the burden of the oversight of WVMA’s purchase decision and investment for a facility that would not support critical hours necessary for five daily prayers and 30 days of Ramadan should not constitute

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25 our neighborhood changing the culture and character that we’ve enjoyed for over 30 years.

My home is my version of a mosque, and the
ability to rest peacefully, mentally nourish my soul, and physically thrive during quiet hours to support obtaining my Nirvana in life is important. This is what supports the rhythm of basic human needs for me, like sleep. Adding an additional 1,962 hours with the current application is
onerous for the residents.

I would like to say that this is not about
religious use, it’s about land use, the intensity, and
compatibility, which you are required to evaluate under the Town Code, Section 29.20.190. The real-world impacts and intensification are going to impact the wellbeing of our people in our neighborhoods and our community, so I hope we can find a way to resolve this together. Thank you.

CHAIR BURCH: Thank you. Any questions?
Commissioner Stump.

COMMISSIONER STUMP: Like Mr. Ratcliff, you’ve
been a longtime, long-term resident of that neighborhood.

Can you just answer what street you live on?
MICHELE S.: We live on Chirco Court, which
shares the adjacent fence along the parking lot, 100 linear feet.