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25 COMMISSIONER STUMP: So, you share a property
line with the mosque?
MICHELE S.: Correct.
COMMISSIONER STUMP: Okay. You also mentioned
sleep, and that your sleep, I’m assuming, is being
impacted. How is it being impacted?
MICHELE S.: At nighttime prayer all the
headlights come into our property, and our bedroom faces the backside of our property, so we are constantly
interrupted. And then the lighting, the tall stadium
lighting in the parking lot, is on quite late and it’s
very, very vibrant, so we don’t have the option to leave our windows or anything open at night to avoid the noise and the light pollution.
COMMISSIONER STUMP: Do you know what time those
lights go off in the parking lot, by any chance?
MICHELE S.: They should go off at 11:00, but
under the new CUP application they could go as late as
12:30 and as early as 4:00am. That’s problematic. That
gives me four hours or quiet time to sleep.
COMMISSIONER STUMP: So, again, you said that
because light has been penetrating through the fence, I suppose, that you are actually seeing headlights in your bedroom.
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25 MICHELE S.: Headlights and noise.
COMMISSIONER STUMP: Okay.
MICHELE S.: And then also the parking lots are
even more problematic than the headlights.
COMMISSIONER STUMP: Thank you very much.
CHAIR BURCH: Any further questions? No. Thank
you. The next three speakers are Kim Ratcliff, Rich Seger, and Christine Kerst.
KIM RATCLIFF: Hello, Planning Commission. I’m
Kim Ratcliff and I live next door to the Applicant. Our property surrounds theirs on two sides, including their only exit and parking lot. I also want to echo my husband’s disappointment that for the past two years the Town of Los Gatos has left us feeling abandoned. I also want to preface my statement to say that we welcome everyone in our
neighborhood, and believe in freedom of religion.
I’m a mother, a writer, and I’m currently
surviving stage 3 melanoma. While my scans have been clear, I’m still in recovery, and my home is not just where I
live, it’s where I heal. The safety and peace of our
neighborhood are essential to my wellbeing.
We never wanted to make this story public. We
never wanted to make it an us versus them, but after
waiting for two years for action we spoke at a Planning
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25 Commission meeting, and suddenly we were facing media attention, harassment, and hate messages, and through it all we’ve tried to explain this is not just about 30 days of Ramadan.
The destruction happens year-round, often up to
18 hours a day. During Ramadan, our quiet street becomes unsafe. Cars speed and pass recklessly. One nearly hit us while we were walking our senior dog. Vehicles block our driveway. Traffic is directed with LED traffic batons,
blinking cones; it feels like you’re at the Mountain Winery concert parking lot night after night. That’s outside.
Inside our home, late at night up to 200 cars
exit just 30’ from our bedroom, and like the members, we, too, have to prepare for work. The noise, lights, and
constant movement make sleep extremely difficult. It sounds like a freight train is coming through our home, no matter which of our three bedrooms we sleep in. And early the next morning it starts again at dawn. On Friday afternoons and during events we sometimes have to leave our own home just to avoid being trapped.
I also want to mention that we left our home for
Ramadan for ten days, and when we came back, the rest of the 20 days was a grueling marathon. I can’t emphasize
enough how much it affects your mental health. On Fridays
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25 and during events we sometimes have to leave your home. We get trapped. Our driveway is right next to WVMA’s narrow driveway, and I’ve shown you videos where I am trying to back out and it’s car after car after car. I’m honking, nobody sees me.
It’s like there is a disconnect. It doesn’t seem
like people understand that somebody lives next door, and I am not seeing the connect with like coming by our house, checking in during Ramadan. I haven’t heard from anyone for a year. The last time we met the founder was a year ago, and we have offered to compromise, and it hasn’t gotten anywhere.
CHAIR BURCH: Thank you. Are there any questions
for the speaker? Vice Chair Barnett.
VICE CHAIR BARNETT: I have two questions. The
first question is what specific noises do you hear?
KIM RATCLIFF: Well, we hear the humming of the
Teslas and the EV cars that they try to drive. We hear
talking. We hear people outside. We hear engines revving.
They have a Right Turn Only sign on their property, so we take the brunt of every single car that turns right and goes by our house, so it rumbles. We especially hear the 200 cars trickling down the narrow exit drive; we can hear that in our house. We hear honking horns, we hear people
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25 putting their strollers together, we hear car alarms beeping, and a lot of street traffic is causing that sort of noise.
VICE CHAIR BARNETT: Thank you for those
specifics. My second question has to do with the frequency that your driveway may be blocked.
KIM RATCLIFF: Every Friday afternoon. There are
several prayer sessions, and so there is a mad rush to come in, and then there are 200 cars that exit, and there are people, again, walking in the middle of the street, walking on the driveway, on their driveway, and it’s chaotic.
VICE CHAIR BARNETT: If I may, I just want a
clarification. Has there been any parking that has
physically blocked your driveway?
KIM RATCLIFF: Yes, there was a car during
Ramadan where someone parked their car in front of our
driveway, got out of their vehicle unattended, walked
across the street, was chatting with somebody for a couple of minutes, and then came back and got in and drove away.
VICE CHAIR BARNETT: I see. Okay, thank you.
CHAIR BURCH: Any other questions? Thank you.
KIM RATCLIFF: Okay, thank you.
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25 RICH SEGER: Thank you, Planning Commission. My
name is Rich Seger. I’ve been a Los Gatos resident for 25 years. I’ve lived in the same house with my wife.
Again, we’re adjacent to the parking lot. I
really want to reiterate, this is not culture, this is
compatibility. I’ve met with the founding member, and I think he can remember, I was like the kids that you have screaming on weekends, turn it up. I mean, all the
impromptu games you guys play, I love it. Love all that stuff, so this is not about an existence question, this is about a compatibility question.
Since the CUP has been changed we’ve seen a
dramatic increase. We never had a problem with the church before. We’ve seen a dramatic increase. One hundred and eighty cars, doors opening, car alarms going off,
accidental car alarms themselves going off, honks. Most of these are accidental. They try to be quiet, but it’s just physically impossible for 180 cars starting up with doors (inaudible), especially if they’re going to start
carpooling, that’s four doors. It’s just a cacophony of noise, and it’s really tough.
It’s funny, we used to go for walks and we’d feel
sad for the people that live next to the Jack in the Box, like God, that must be tough. And here we are living next
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25 to Jack in the Box. In fact, I think these hours are probably more than Jack in the Box; it’s ridiculous.
I think you probably can understand the concern
of parents about their kids walking and riding to school during these times. This is tough. I mean, there are no sidewalks, there are very few streetlights, and as we
talked about, when you have cars on both sides you have to go out into the street. That’s scary. I walk my dog twice a day. There were a couple of times I kind of forgot Ramadan was happening. I thought they closed Los Gatos Boulevard and they were just putting people through my neighborhood; it was just car after car after car. Really tough.
And again, if you have any doubt about this, KTVU
did a really good report. They were filming it and you see the row of headlights, and all of a sudden, out of nowhere, somebody just gets frustrated and starts driving down the lefthand side of the road. I mean it’s right there in front of you, and that was just happenstance, so I would just ask you guys to really think about that and take a look.
The other one I have a problem with, I was in
negotiations for 30 years of my life, and the fact that we’re here doing another CUP revision, I don’t understand how that transaction ever happened when they kind of went, oh yeah, Ramadan. I just have a hard time with that. If one
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25 of the people that worked for me did that, they wouldn’t work for me. I mean, that’s just a ridiculous thing, to buy and then suddenly turn around and go the most important days of the year are not covered? I just don’t understand it.
I would just ask the Commission to really lean
back and think about this. I mean, I would say deny, but I’m really more interested in working with the mosque, and working with you, and working with the other residents to get something that makes sense for everybody. We like them here. We do. We just don’t think what they’re asking for is compatible with what we want or what we have in our
neighborhood. Thank you.
CHAIR BURCH: Thank you. Are there any questions
for the speaker? Commissioner Burnett.
COMMISSIONER BURNETT: Yes, thank you. Do you
think maybe permit parking would be something that would help solve…
RICH SEGER: Yes. I mean, let’s understand that
we’re still talking about no sidewalks, three streetlights on all of Farley Road, I think. We’re hemmed in. We’ve got Highway 17, Lark Avenue, Blossom Hill Road, and Los Gatos Boulevard. It’s a very small neighborhood, so anybody who wants to walk in that neighborhood almost has to walk on
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25 Chirco or Farley if they want to get anywhere in any kind of half-a-mile or mile walk. Well, you stuff that in and you start having people walking outside those cars, it’s just dangerous.
I don’t mind permit parking. I’d be happy to look
at it. I don’t know enough about the numbers to know if that makes sense. We just want something that’s reasonable, that maintains the neighborhood we’ve always loved. We want them to stay. I’m not here to say their existence is in question, it’s not. It’s just we’ve got to figure out how to work together.
CHAIR BURCH: Thank you.
DIRECTOR PAULSON: Chair, I believe Commissioner
Stump.
CHAIR BURCH: Oh, I’m sorry. I didn’t see. Sorry.
Commissioner Stump, apologies.
COMMISSIONER STUMP: Thank you, again, for
speaking to the Commission tonight. You did talk about, from your perspective, perhaps a possible solution, which would involve permit parking. What other things have you thought of over the past couple of years as you have dealt with this situation that you would see as being solutions? RICH SEGER: Well, I think when I met with Razi,
who is great gentleman, wonderful guy, he kind of gave the
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25 sense of well there are very few people that show up at these particular services. I’m like okay, great, let’s
limit the number of people who can show up to these, and he kind of, for reasons unto him, he’s like that won’t work.
I’m like okay. Then we did talk about shuttles, or he
brought it up or I brought it up, and he was kind of
reluctant to do that; that didn’t work for some of the
reasons he mentioned earlier.
I think it was brought up about permits. I think
that’s something we would consider. I think ultimately I am more interested in the outcome than the process. I’ll do anything to get the process, to maintain our neighborhood and keep our residents safe. That’s really what all this is about.
Like sidewalks. I don't know. I mean, I’m willing
to think about anything, and try to help preserve this
community and our community. They can coexist; we just have to be committed to it. I don't know if that answers your question.
COMMISSIONER STUMP: Yes, thank you very much.
CHAIR BURCH: Thank you. Christine.
CHRISTINE KERST: Good evening, my name is
Christine. I live with my family on Frank Avenue near the
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25 intersection of Frank and Izorha Way, so we are around the corner from the mosque, if you can envision that.
This issue is 100% a zoning issue. It is not an
issue about a place of worship. It is about the use; it is about use of space in a neighborhood. I am very
uncomfortable speaking about this, and I am very resentful that I have to. I believe it is the fault of the Town that we are in the position where we are now pitting against our lovely neighbors, who have been very additive to the
neighborhood.
However, I don’t understand, again, why we are
allowed to have this capacity and this many in this very small neighborhood. I don't know if you’re familiar with our neighborhood. As was just mentioned, it is tiny.
Usually, the only reason to go into it would be because you live there.
What I would like to talk further about is use.
Although the Religious Land Use and Institutionalized
Persons Act provides important protections for religious exercise, at the same time, the courts, including the
United States Courts of Appeals for the 9th Circuit, have consistently recognized that these protections do not
override neutral, generally applicable zoning regulations.
We are a neighborhood, a small neighborhood.
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25 One example of this comes from the US District
Court of Oregon, Eugene Division, in the case of Coles
Valley Church v Oregan Land Use Board of Appeals. In that case, the court reaffirmed that local zoning laws and land use planning remain essential tools for maintaining a
community and in assuring that a community is not adversely impacted by something that shouldn’t be part of that
community zone.
So, you can do something within zoning rules, and
again, it is uncomfortable and unnerving to be put in the position of having to be in conflict with our neighbors. It is not anything that any of us want. I feel resentful that we’ve been put in this position by the Town, and what’s more, I feel like we’ve been repeatedly asked this evening, once we finally have the opportunity to speak, about what we suggest the solutions are. I don’t think that is our responsibility to provide the solutions. Thank you.
CHAIR BURCH: Thank you. Are there any questions
for the speaker? Commissioner Stump.
COMMISSIONER STUMP: Thank you. First, I’m sorry
you feel like you’ve been put in this position and feel resentment towards the Town of Los Gatos, the town you live in. If I could ask you, what sort of outreach efforts have you made to the Town in the past couple of years?
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25 CHRISTINE KERST: I have not personally made any
outreach efforts. I am part of group who have made outreach efforts, and you’ve already discussed some of the material and information that’s been provided to you by the other speakers earlier this evening.
One thing I didn’t mention is that I gave you an
idea of where we live. During Ramadan especially, parking extends all the way down our street. So, again, this is a high-density situation in a very small neighborhood, and it’s not appropriate.
COMMISSIONER STUMP: Thank you very much.
CHAIR BURCH: Commissioner Burnett.
COMMISSIONER BURNETT: I just wanted to ask, on
your street are there sidewalks, are there lights?
CHRISTINE KERST: It’s inconsistent. There are
sections of our street that do have sidewalks and sections that don’t, and the same with streetlights.
COMMISSIONER BURNETT: Thank you.
CHAIR BURCH: All right, thank you. All right,
the next three speakers are Courtney Bui, Alieza Daryan, and Mark Leonard.
COURTNEY BUI: Good evening. We know that you
have a tough job tonight, so I just want to say thanks for hearing us out.
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25 Now, let’s look around this room, outside, and
probably on Zoom. Many people are here tonight. The
Applicant has brought many here to actually prove a point, but actually they have proven our point. This massive
turnout is a living demonstration of the intensity of use we are talking about.
Imagine a narrow street, unlit, at 4:30am.
Picture a line of cars stretching past six houses, engines vibrating in the dark, headlights shining into your
bedroom, people walking in the middle of the street, some blocking fire hydrants, which I called numerous times to the cops, and more vehicles continue to squeeze into it.
This infrastructure is simply not made for this size. In fact, one of the 13 collisions in the last five years I talked about was actually on WVMA property.
And to be clear, this isn’t about who is using
the property or the building, but where it is located. Our narrow streets simply cannot handle this level of traffic, whether this were a school, stadium, or shop. The physical reality is the same for the street, that is an unsafe
location for 180 vehicles at 4:00am or at midnight.
I also have to honest; I am too afraid of being
mislabeled. In todays climate, simply asking for traffic safety can be twisted into an accusation of discrimination.
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25 As a minority myself, I find that heartbreaking. We should not have to choose between our children’s safety and the fear of being unfairly labeled for speaking up.
The regional scale impact is exactly what we
experience every week. We are here to support the Town to enforce its own laws. To approve this, the law requires you to find it safe, but given our infrastructure deficit and constant noise, this project is a detrimental risk. Our General Plan and Town Code both mandate noise curbing from 10:00pm until 8:00am. Asking for 4:00am and 12:00am is
outside that range.
The Applicant has the right to pray, and we have
the right to sleep. We’re asking you to join us and the 70 neighborhood households who have signed the petition to oppose, to deny this ask, because it is really out of the violation of quiet hours. Thank you.
CHAIR BURCH: Are there any questions for the
speaker? Vice Chair Barnett.
VICE CHAIR BARNETT: You don’t have to answer the
question, but are you willing to give your address?
COURTNEY BUI: Yes, I live on Flintridge right at
the corner of Farley and Flintridge, so like Kim Ratcliff said, everybody has to turn right to come out of the
facility, where they always go to my street to get to Los
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25 Gatos Boulevard, and during that, if you recall, I just shared that, that’s a very dangerous curve, and speed
through it constantly, and even before this, I have asked for speedbumps because of this situation.
VICE CHAIR BARNETT: I have two follow-ups, if I
may.
CHAIR BURCH: Please proceed.
VICE CHAIR BARNETT: The first one, I noticed
that a number of the neighbors were interested in
speedbumps to address the speeding issue, but some have pointed out that they create a noise hazard, or a noise problem. Have you thought that through, or what are your comments about possible noise from cars going over
speedbumps?
COURTNEY BUI: In order to get the petition and
to get the Town to come out to do the noise measurement, the neighbors did actually have to sign the petition and it had to be more than 50%, so I think they are actually in agreement that having noise is a lot better than being hit.
VICE CHAIR BARNETT: Okay, thank you for that. I
have one last question. You spoke about noise nuisance and, I guess, traffic nuisance in the early morning hours. Can you speak more to that, because I guess I assumed that
there are fewer cars at that time.
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25 COURTNEY BUI: Well, you know, my son bikes to
school with his group of friends. The kids come; they all get together. It’s a really small community, charming
little neighborhood, so the boys would bike to school, and every time we are so afraid. We make sure that they cross the street okay, and it’s like they’re no longer biking alone anymore. We’re actually walking side-by-side with them, just to make sure they cross the street okay, be able to turn the curve all right.
And even when they’re going home, we’re also
nervous too, because like Kim said, during that Friday a lot of cars, a lot of traffic, and there are no Stop signs in our streets. Not just no sidewalks, no lights, no Stop signs, no speedbumps. It’s a freeway.
VICE CHAIR BARNETT: One more follow-up?
CHAIR BURCH: Yes, please.
VICE CHAIR BARNETT: With respect to the times
that you’re using the street in the neighborhood, can you give me some estimate of the range, for example, when the kids are going to school?
COURTNEY BUI: Yes, so my kids bike to school
around 7:00-something, and then they will go home around 2:00pm to 4:00pm. That’s just really traffic hours for the kids that are biking.
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25 VICE CHAIR BARNETT: Thank you very much.
CHAIR BURCH: Thank you. Any further questions?
All right, thank you.
ALIEZA DARYAN: Good evening, my name is Alieza
Daryan. I live on Farley Road, and my wife and I, we have lived there for 26 years. We raised two daughters there.
Now they are adults and they are working and they have
their own homes.
We want to live in a harmonious way with the
facility and the members. We have no issue, no problem with them, but my main concerns are the neighborhood integrity, compatibility, and zoning, because we have big issues, as the other residents have mentioned, with the parking. For example, Fridays between 2:00pm to 3:00pm our gardener
comes. There is no place to park, so in the past few years now we have anxiety. We have to put one of our cars on the street and look out for the gardener when he comes, then move our car, then he can park and unload his equipment.
Basically, the facility doesn’t have enough
parking, and during Ramadan, even in the evenings our
relatives or other friends cannot visit us, or if they do, then they also have to look for parking. My daughter, if she is visiting, the same story, so there is a parking
issue.
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25 So, that is the problem that we feel the Town
needs to address, and the community needs to address,
because I agree with everything else that the other
residents mentioned, because we live there and we love the neighborhood and we love the facility to be there, but the problems need to addressed and solved in order for
everybody to live comfortably and enjoy the environment.
Thank you for your time, and I appreciate the Commission listening to me.
CHAIR BURCH: Thank you. Are there any questions
for the speaker? Thank you. Mark Leonard.
MARK LEONARD: Hello, my name is Mark Leonard.
I’ve lived on Farley Road for the last 26 years. I love the neighborhood. It’s a safe, quiet, friendly neighborhood.
Before I start, I wanted to thank everyone on the
Commission for your dedicated service to the residents of Los Gatos, from the bottom of my heart. This is probably a thankless job, and so the number of hours that you guys are putting in, I appreciate and we appreciate. I’m just going to touch on a couple of quick points here.
The first one, we had talked about a sound study
that was done, but it was done during a non-Ramadan time.
My next-door neighbor, Fong Zhou (phonetic), did a study that he actually submitted to the Town in May of 2025, so
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25 almost a year ago, give or take. Basically, the bottom line was that there is a lot of noise, driving by our houses, as people are going either into the facility or coming out of it, or walking to it. I just want to tell you that there is that information; you guys have access to it.
And this is the biggest one for me. I’ve met with
the leadership of the facility and spoken with them, and I’m going to be very, very specific. When I spoke with
Razi, who I respect very much, he’s a wonderful man, the very first time I talked to him about my concerns regarding the hours, he willingly admitted that they disregard the time limits, and he had no intention to stop that, which was a problem for me. I actually reported this in an email in 2024 to Jocelyn Shoopman, and I’m disappointed that the Town of Los Gatos hasn’t enforced this. So, my concern is extending the time limits will only exacerbate this
problem, it won’t solve it.
I implore you to please decline the modification
of the CUP. Our goal is to live harmoniously with the
facility and with our neighbors.
CHAIR BURCH: Thank you. Commissioner Burnett.
COMMISSIONER BURNETT: I have a question. I know
there are five prayers a day, and I highly respect your religion, it’s really interesting. Anyway, with the five
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25 prayers a day, are cars coming in and leaving five times a day?
MARK LEONARD: Yes.
COMMISSIONER BURNETT: So, you have the morning
prayer…
MARK LEONARD: They start in the morning, and
it’s every couple of hours.
COMMISSIONER BURNETT: So, you have the morning,
you have the midday, then noon, the midday, the evening, and that’s the five prayers.
MARK LEONARD: Yes, give or take.
COMMISSIONER BURNETT: Then this is constant.
MARK LEONARD: Yes. Yes, and during Ramadan it’s
literally hundreds of cars at each one.
COMMISSIONER BURNETT: I see. Thank you.
CHAIR BURCH: Any other questions? Thank you.
MARK LEONARD: Thank you for your time.
CHAIR BURCH: All right, our next three speakers
are David Watermulder, Gordon Yamate, and Rasha Lashin.
PASTOR DAVID WATERMULDER: Good evening, I’m
David Watermulder, Pastor of the Presbyterian Church of Los Gatos. I’m part of the interfaith clergy group here in Los Gatos that submitted a letter to you all as part of this meeting. I’m also a Chapin with the Polce Department, along
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25 with my colleague, Pastor Dale Gustafson, who spoke
earlier. I also live in Los Gatos here with my family,
where my kids are in schools and sports and Scouts and all the rest of it. I guess I’m saying I’m coming to you
tonight as a neighbor.
In a lot of ways, the questions that the Town is
dealing with tonight have to do with that word, neighbor.
We’ve been hearing it a lot in all the sharing really, and all the written materials. Neighbor, neighbors, and
neighborhood comes up a lot.
I want to acknowledge that you and Council are in
a hot seat, a hard place to be where you have to make
decisions on behalf of the whole community, and take the varying needs of neighbors into account, so I really
appreciate your care and your concern for this process.
We’re here tonight partially because the
questions around the neighborhood have not been resolved in a really local way, just a few blocks that we’re talking about, but I think that the bigger questions are about what it means to be a community of neighbors in our whole town, our whole community.
In the Bible, in the tradition that I serve as a
pastor, this question is asked to Jesus, “Who is my
neighbor?” and that’s the one that we often explore in our
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25 faith tradition. You don’t have to be a Christian like me to want to be a good neighbor. In fact, I think most of us here do want to be good neighbors, and we’ve heard that again and again.
In the story that I’m referencing, the Good
Samaritan, which is from the Bible, being a neighbor
crosses lines of ethnic background, race, national origin, and religion. It’s hard to be a neighbor. It’s costly to be a neighbor. It’s part of being a good neighbor, and I think that in our town we have that question before us: what is the nature of our community and our neighborhood?
I’m here tonight in support of this extension for
our Muslim neighbors seeking that they might have a chance to fully express their faith. As a faith leader in our
community, I’m in communication with them and in solidarity with them. I want to do it in a way that is neighborly, and I think the process you’re pursuing brings that forward, so I really appreciate it.
The sense of neighbor that we’re talking about
where we are able to give and receive freely is hard to do in this modern age, especially when issues like this come up, so I thank you for your time, and I’m speaking in
support of this motion.
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25 CHAIR BURCH: Thank you. Hold on, I think
Commissioner Burnett has a question for you.
COMMISSIONER BURNETT: Yes, a question. Could you
give me the hours of your church, please, in the morning and the evening?
PASTOR DAVID WATERMULDER: Typically, we get into
the office maybe around 8:00 or 9:00 in the morning. In the evening, our programs might run… Typically, I think we have different faith traditions. Maybe like in our church we would have, you know, office hours, basically, until 5:00 o’clock, and then we have some evening programs in the
evening, so we might be there until 9:00 o’clock or
something like that typically.
COMMISSIONER BURNETT: Thank you.
CHAIR BURCH: Any other questions?
COMMISSIONER STUMP: Chair?
CHAIR BURCH: Yes, Commissioner Stump.
COMMISSIONER STUMP: Thank you very much. Pastor,
you have a significant facility, a significant parking lot.
I think, in fact, part of it might even be leased out to The Terraces. You’ve got two major streets, Shannon Road and I believe it’s Cherry Blossom Lane, parking lots on Cherry Blossom, easy parking even on the street side for Shannon and Cherry Blossom. Have you had any issues with
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25 your neighbors related to your use, and in particular, anything related to public safety as it relates to your neighbors?
PASTOR DAVID WATERMULDER: Through the years,
we’ve tried to maintain good neighbor relationships, kind of like what we’re talking about here tonight. We have had differences of opinion with people along our property line, and similar, I would say the main thing is communication and both parties trying to figure something out.
A long time ago, some of you remember, the Google
buses were in our neighborhood, and they parked in our
parking lot on the way to drop off people for Google, which was a good thing in a lot of ways, but it was trouble in other ways. Recently, the Town improved the streets along Shannon Road, which you know has bike lanes now, and they kind of built in some safety measures like that. I think that we’re hearing a little bit of maybe that’s on the
future docket for something as well.
COMMISSIONER STUMP: Thank you very much.
CHAIR BURCH: Thank you.
GORDON YAMATE: Good evening, members of the
Planning Commission. My name is Gordon Yamate, and although I chair the Town’s Diversity, Equity, and Inclusion
Commission, I’m here in my personal capacity.
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25 I’m here to support the CUP application of the
West Valley Muslim Association. The Religious Land Use Act imposes a very high legal standard where there are attempts to prevent individuals from practicing their religious
faith. If the CUP application is denied, the Town would be imposing a substantial burden on the WVMA, because members of the mosque would not be able to fully engage in prayers, particularly during Ramadan, as prescribed by their
religion.
The meeting materials outline the extraordinary
constructive efforts that the association has taken to
mitigate neighborhood disruption. I believe they have
demonstrated their sincerity and good intentions in those efforts, often going beyond what might otherwise be
expected.
There were references in the record to traffic
issues involving a residential neighborhood and a private school. To my knowledge, that matter did not fall under the Religious Land Use Act, and unlike the association’s CUP application, the school’s request includes a significant expansion of the school itself. But while both sides
probably felt that the other side got the better result, I think the residents are still pleased with the traffic
mitigation efforts taken by the school.
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25 When neighbors are watching out for each other,
there is mutual trust and the community is safer and works better. When I see the West Valley Muslim Association
reaching out to their neighbors, and vice-versa, that
communication can and will make that relationship stronger, and may result in even more innovative ways to address the concerns of all.
I urge you to approve the CUP application, and I
thank all parties for making Los Gatos welcoming to a
diverse and inclusive community. Thank you.
CHAIR BURCH: Thank you. Are there any questions
for the speaker? Thank you.
RASHA LASHIN: Hi there, Commissioners. Thank you
so much for the opportunity and the time that you have
spent today to listen to all of us. We really appreciate it.
I just want to share with you my experience
coming to Los Gatos. I’ve been here for the last seven
years. I moved from the Republic of Ireland with my four kids. They all graduated from Los Gatos High School. It’s a lot of belonging for us and how much the Town has been
diverse and inclusive over the years, and bringing in WVMA has brought a lot of belonging for me and my family, as such.
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25 WVMA did not just serve my family, it serves the
neighbors around quite positively in all aspects. We listen to our neighbors. On one of the mornings that we gather for coffee on a Saturday I found one of the neighbors walking their senior dog, which was really nice to see. We as
Muslims don’t bring our dogs to our sacred place. We don’t bring our dogs to the mosque, but because our neighbor felt safe at ease to be at that mosque, on the grounds of it with their dog or their pet, we were very accommodating. We support our neighbors in being able to feel the ease and safety and respect being with us on our premises.
And so, seeing that, and learning around how much
we open our doors to our neighbors to learn more about our culture, to support us as we grow and help our community, while we’re helping also in the Los Gatos community and elsewhere, it is key for our continued diversity in the Los Gatos town, so I really encourage and support for you to support the CUP application that we have. Thank you so
much.
CHAIR BURCH: Thank you. Are there any questions
for the speaker?
RASHA LASHIN: I’m a neighbor too. I live on
Frank Avenue.
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25 CHAIR BURCH: Oh, Frank. Thank you. All right,
the next three I have are Ben Piper, Rabbi Rafi Ellenson, and Hana Itani.
BEN PIPER: Good evening, Commissioners. My name
is Ben Piper. I’m an acoustical consultant with Salter for the last 15 years, and last year I conducted noise analysis on behalf of the WVMA.
Since noise has been an ongoing topic of
conversation tonight, I wanted to let you know that I’m here to answer questions as available, either during this three-minute window or at a later time.
I think at a very high level the Town Noise
Ordinance contains maximum noise level goals for vehicle noise, and our analysis has indicated that the traffic
associated with WVMA ingress and egress is within those limits.
I think when we are considering cumulative noise
impacts as related to the General Plan Noise Element, which is a 24-hour average noise level, it’s worth considering that the CUP does not request an increase in occupancy or overall number, it only shifts the hours of ingress and egress, and so therefore would not be expected to have a cumulative 24-hour average noise level increase.
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25 Now, it does shift these to be more within the
nighttime 10:00pm to 7:00am hours, however, my
understanding is that within the current operation of the WVMA, event egress and ingress already occurs within those hours, so the ten decibel penalty that this standard
applies to off hours noise levels would already apply to vehicles coming and going from the site during those hours.
I’d be happy to take any questions. Sorry, I
talked for two minutes.
CHAIR BURCH: That’s good. Yes, I think we’re
going to have quite a few for you. Commissioner Burnett.
COMMISSIONER BURNETT: Our Noise Ordinance, we
have quiet hours from 10:00pm to 8:00am, so when we talk about quiet hours, how can there be quiet hours if you’re having 40 cars coming in a driveway at 4:00 o’clock in the morning and leaving at 10:30 after prayer service? That’s a little different than that. I mean, it’s from 10:00pm to 8:00am, but I’m saying that those early morning hours, how can that be quiet time when you have so many cars?
BEN PIPER: That standard prohibits noise that is
unreasonably disturbing, or not associated with an activity that is otherwise lawfully conducted, so it is going to depend on how that is chosen to be defined, but typically
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25 vehicle traffic on a public roadway, anyone would be allowed to drive on that street at those times.
COMMISSIONER BURNETT: Is a driveway a public
roadway, I mean, going in? The driveway into the facility.
BEN PIPER: The driveway into the facility?
COMMISSIONER BURNETT: Right.
BEN PIPER: Obviously, that’s not a public
roadway. There are barriers, fences around those drive
aisles to help mitigate noise.
COMMISSIONER BURNETT: I was just trying to get
sort of a definition of quiet hours, and then with many cars, so I was trying to get your definition.
BEN PIPER: That’s a very qualitative type of
statement, you know, things that are annoying to people of normal sensibilities. Certainly, the neighbors would think they are people of ordinary sensitivity and find it
annoying, but the members of the WVMA feel like they are people of ordinary, normal sensitivity and that they are not generating noise that is unnatural or unusual in
association with their use.
COMMISSIONER BURNETT: Okay, thank you.
CHAIR BURCH: Commissioner Sordi, and then Vice
Chair Barnett.
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25 COMMISSIONER SORDI: Yes, thank you for being
here to speak technically to the noise question. I want to get a little bit technical here.
I’m reading from the executive summary written by
the Applicant about the noise study, so it’s not your
writing, but there was a reference to “nighttime criterion 54 dBA.” It says, “The Town’s weekday nighttime criterion is 54 dBA,” so that’s the maximum at night?
BEN PIPER: There is some interpretation there as
well, because it’s not exactly defined. I think that that’s in relation to a city noise map figure that provided hourly ambient noise levels. My interpretation is that that is an hourly average noise level at different times.
COMMISSIONER SORDI: And that’s set for more
sensitive time of night as opposed to what might be a
maximum dBA in the daytime?
BEN PIPER: Correct. It’s in relation to expected
ambient noise levels in different parts of the Town,
although that specific threshold is more primarily in
relation to things like fixed noise sources, which would be like HVAC equipment, or amplified music or speech coming from a speaker system. The Municipal Code has a specific section for vehicle noise, which has its own criteria.
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25 COMMISSIONER SORDI: And then it makes the
statement that says, “Specifically, noise levels were
within one to three decibels of ambient, a difference that acoustic experts consider unnoticeable.” An ambience is not a standard, that would be a baseline that was measured in the neighborhood?
BEN PIPER: Correct. We conducted long-term noise
measurements over approximately ten days.
COMMISSIONER SORDI: My other question is, this
is just in the past having been a little bit involved and reading a lot of Environmental Impact Reports, I recall when it comes to measuring noise—correct me if I’m wrong— there is noise measurements where you capture the moment in time, a point source of noise, but there are also ways of measuring something over the course of the day. I think you mentioned that you would be inclined to use that, because the incremental increase in the use isn’t all that
significant, but I guess what I’m wondering, is there just a way to, say, set up a system where you’re measuring the noise and you are able to capture the rise and fall and the intensity level of it over, say, a 10-hour period of time? The term CNEL comes to mind.
BEN PIPER: Sure.
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25 COMMISSIONER SORDI: There are like these
different ways of measuring noise, right?
BEN PIPER: Yes.
COMMISSIONER SORDI: There are decibels, and then
there is…
BEN PIPER: Our noise measurements are capturing
one-second intervals that are then averaged over different lengths of time, depending on what is set forth in the
standard. So, when we look at the vehicle noise section of the Municipal Code, that is a maximum noise level standard, so we would look at the instantaneous noise generated by something like a car pass-by. When we look at the LDN or CNEL standard, which is in the Noise Element of the General Plan, that’s an averaged noise level over a 24-hour period with a penalty applied to nighttime noise, because people are more sensitive at that time.
COMMISSIONER SORDI: So, that wasn’t really done,
because of the nature of the expansion or the use being marginal?
BEN PIPER: Correct, because the CUP request is
not an occupancy increase, and it doesn’t shift egress and ingress for events from daytime to nighttime. Those things already occur between 10:00pm and 7:00am.
COMMISSIONER SORDI: Okay, got it. Thank you.
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25 CHAIR BURCH: Any other questions? Vice Chair
Barnett.
VICE CHAIR BARNETT: Who specifically engaged
Salter to do the tests that are in the Staff Report?
BEN PIPER: I was originally contacted by Reuben,
Junius & Rose, a law firm that is engaged by the WVMA.
VICE CHAIR BARNETT: I see. And of course, a lot
of the comments in the Staff Report and tonight relate to the Ramadan season. Would it in your professional opinion be important to capture noise levels during those 30 days? BEN PIPER: Not necessarily. The timing of our
report was due to the fact that the WVMA was trying to, last year, provide analysis for review prior to Ramadan. I don't know, perhaps the thinking was that CP acceptance might happen in advance of the Ramadan season, so we were engaged to measure events that we’re of the understanding had similar attendance as a typical Ramadan service, and I guess further, in terms of the cumulative noise impact, reiterating that because it’s not an increase in overall attendance numbers, only a shifting of times. I don’t see measurements during Ramadan as a requirement.
VICE CHAIR BARNETT: If I may, can you identify
the specific holidays or occasions where this higher level
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25 of traffic occurred that you are using sort of as a
baseline related to Ramadan?
BEN PIPER: Yes, we were provided with a calendar
of facility events. Specifically, we measured an event on the evening of Friday, February 7th. I think it was just labeled for our purposes as “community event,” and we also measured a sunrise prayer on the morning of Thursday,
February 6th.
VICE CHAIR BARNETT: One last question?
CHAIR BURCH: Yes.
VICE CHAIR BARNETT: Can you correlate the number
of vehicles that were involved during the testing days to your test results? In other words, were you counting cars? BEN PIPER: No, because we were not onsite. We
were employing sound level meters that are in environmental boxes over a ten-day period.
VICE CHAIR BARNETT: I recall that now. Thank
you.
DIRECTOR PAULSON: Chair Burch, Commissioner
Stump.
CHAIR BURCH: Yes, Commissioner Stump.
COMMISSIONER STUMP: Thank you, Chair. And thank
you, again, for being here with us so late into the
evening.
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25 One of the residents did report that, although
they don’t believe it’s intentional, they hear horns, they hear beeps, they hear backup noises coming from electric cars, sometimes they hear alarms. What is it that the
residents are hearing? Are they being overly sensitive? The other thing too is that it’s one thing to have one car
going down the street at a time, it’s another thing to have a whole line of cars, so what is it that the residents
might be hearing that the sound tests don’t pick up? Are they just imagining this?
BEN PIPER: I certainly don’t think that anyone
is imagining anything. I imagine it’s a combination of
those factors. I think that something like excessive horn honking or revving would fall under the curfew description of sort of unnatural and egregious noise, and I think that the WVMA’s efforts to provide traffic direction are an
effort to reduce that type of noise.
COMMISSIONER STUMP: Thank you for that.
CHAIR BURCH: Questions? No.
DIRECTOR PAULSON: Chair, we’re at 11:27, so we
probably need a motion to extend, or some other action.
CHAIR BURCH: Thank you.
BEN PIPER: If I might quickly. The maximum
standards that are outlined in the code for vehicle noise,
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25 I wanted to quickly make the point that those are
independent of how many cars go past. The maximum level of a car pass-by would be the same regardless of how many
times that occurs. Now, obviously the cumulative noise
changes, because of the frequency of occurrence, but the maximum level of a car pass-by does not increase depending on how many cars are passing by. Thank you.
CHAIR BURCH: Thank you. Mr. Paulson, I will call
these two, and then…
DIRECTOR PAULSON: You still need to make a
motion currently.
CHAIR BURCH: Like now?
DIRECTOR PAULSON: Yes.
CHAIR BURCH: I’m sorry, could you give us a
moment?
RABBI RAFI ELLENSON: Of course. Please, take
your time.
CHAIR BURCH: We still have a decent handful of
cards here, fellow Commissioners, and we have people on Zoom. It’s 11:30, and we have to make a motion if we want to extend, if we do, for how long, or if we want to
continue, and at that point, then we’d be asking the
question on if that’s a date certain, or what? Yes, Vice Chair Barnett.
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25 VICE CHAIR BARNETT: Due to the number of the
members of the community that are here, I would move to extend the closing time to midnight.
CHAIR BURCH: Any other thoughts on that?
Commissioner Stump.
COMMISSIONER STUMP: Yes, I was going to propose
the same thing. It would seem like if we could capture as many as are here tonight and have taken their time, that would be a good thing, but I would not be in favor of
extending past midnight.
CHAIR BURCH: No, agreed. Any other thoughts on
that. All right. So, first I want to make sure I’m doing this properly. If we’re going to make a motion on just
extending to midnight, and then at midnight are we going to have the discussion about the next step?
DIRECTOR PAULSON: You should have that before
midnight.
CHAIR BURCH: True, true. I’m getting tired. But
at that point we will have that discussion.
DIRECTOR PAULSON: Correct.
CHAIR BURCH: Not in this moment. Okay. So, there
is a motion to extend till midnight, and we have a second? COMMISSIONER BURNETT: Second.
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25 CHAIR BURCH: Okay, so I need to call the roll.
Commissioner Sordi.
COMMISSIONER SORDI: Yes.
CHAIR BURCH: Commissioner Mayer.
COMMISSIONER MAYER: Yes.
CHAIR BURCH: Vice Chair Barnett.
VICE CHAIR BARNETT: Yes.
CHAIR BURCH: Commissioner Burnett.
COMMISSIONER BURNETT: I agree.
CHAIR BURCH: Commissioner Stump.
COMMISSIONER STUMP: Yes.
CHAIR BURCH: I also agree, so this is unanimous
with one absent. I’m sorry for the interruption. Please go ahead.
RABBI RAFI ELLENSON: Totally fine. Hi. Good
evening, I’m Rafi Ellenson, and I serve as the rabbi at Congregation Shir Hadash in Los Gatos. I’m here tonight to share my unequivocal, full hearted support in favor of the West Valley Muslim Association’s pursuit of a modification to their Conditional Use Permit.
This past weekend Jewish people across the world
began reading Sefer Vayikra, the book of Leviticus, and in this book we find the Holiness Code. Central to this guide for how to live sacred lives of meaning is the commend to
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25 love your neighbor as yourself. We are blessed at Shir Hadash to have a building in a residential area where we are able to hold our community gatherings and to observe our tradition freely and with dignity.
The West Valley Muslim Association is entitled,
just as we are, to the same exact right. Our Muslim
siblings deserve a home to practice and celebrate Islam fully, to fulfill their obligations as people of faith.
Approving the West Valley Muslim Association’s Conditional Use Permit for extended hours is a commonsense decision, and it is my joyful religious duty as a rabbi to stand up and love my neighbor as myself and support their modest request, and I invite you all to do the same. Thank you for your time.
CHAIR BURCH: Are there any questions for the
speaker? No. Thank you.
HANA ITANI: Good evening, honorable
Commissioners. Almost good morning, and thank you all.
Thank you for your time, your services, and your dedication to serve this community. My name is Hana Itani. I have
served as president of the League of Women Voters for four years in the Town of Los Gatos.
I would like to share something personal, a
moment that has stayed with me for over 50 years. On
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25 September 30, 1974 I was walking down from our summer home on my way to the airport in Beirut, leaving to come to
America as a student and as a new wife. And then, without warning, I froze. My mother noticed and asked what was
wrong. “I don't know where I’m going,” I told her. She
looked at me calmly and said, “Hana, don’t be afraid. You are going to God’s land.” All these years this stayed with me. Those words have guided me for more than half a
century.
I have now lived in the United States for over 52
years, and the last 21 of them right here in the Town of Los Gatos. This country gave me something I treasure
deeply: the genuine freedom to practice my religion, my faith. That’s not something to be taken for granted. Even in some Islamic countries that freedom is not always fully granted, guaranteed. Here, it has never been in question.
I have three children and ten grandchildren, and
we all use the masjid. Our religion requires us to be
considerate to our neighbors and be thoughtful of them. We do respect them, we do understand their feelings, and we feel with them, but changing the way and how we worship is not a good solution. In my family, we do carpooling, and sometimes we park away to be picked up by one of our
children. And in special events we have to sign in advance
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25 to be able to attend, and sometimes we were not able to join the event because of the capacity.
Having a masjid here in Los Gatos and only eight
minutes away from my home is not a small thing, it is a symbol of peace, of belonging, and of a community that
lives up to the promise that this country has always made to those who come to it with hope in their hearts.
Humbly, I ask you to consider extending the usage
of this house of God while the administration keeps working on acceptable solutions. Again, thank you for your sincere consideration.
CHAIR BURCH: Thank you. Are there any questions
for the speaker? No. Thank you. All right, the next three cards I have are Sigrid Jacobsen, Jeff Suzuki, and Nigel Chandler. Oh, got a little late? All right, you can go
ahead, Jeff.
JEFF SUZUKI: Good evening, Commission members.
First, I will preface by saying that I am not speaking in my capacity as a Complete Streets and Transportation
Commissioner, but as a private resident, and the president of the Los Gatos Anti-Racism Coalition.
I want you all to consider a question seriously.
Are we as a town willing to deploy the Monte Sereno-Los Gatos Police Department to stop the peaceable assembly of
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25 our neighbors engaged in prayer, because that is
effectively where this goes. It is easy to see that we
should enforce the law, but that could be a bit abstract.
What enforcing the law means is using our police service against those who want to use their facilities to pray, and that is what this Conditional Use Permit specifically is for. It is for conducting prayer services, and I think that it would be tragic if this Town could not find a way to allow this right to access their facility for religious use, a right affirmed by the Religious Land Use and
Institutionalized Persons Act, a view that has been backed by the ACLU and the NAACP.
As Planning Commissioners, your roll is quasilegislative, quasi-judicial, and I know, because I served on this Commission five years ago in 2021. Your approvals and denials carry the weight of law, at least until an
appeal. You have the power to acknowledge right now that an organization like West Valley Muslim Association is
entitled to the right to practice their religion at their facility. You also have the power to state that we respect some of their activities, we just don’t want them here. You have the power to make this a lot more difficult than it should be to compel Muslims in our community into a
situation where they are forced to assert their rights,
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25 spending time on advocacy that they could otherwise be spending time with their family, spending resources on
legal fees that they could otherwise spend on our
community.
Over the last two years I’ve had the privilege of
meeting and breaking bread with my neighbors at West Valley Muslim Association—I live about a mile-and-a-half away from there—and they have demonstrated at every turn charity, neighborly goodwill, and an alacrity to communicate and accommodate their neighbors.
The agenda packet is just chock-full of examples
of how hard they have tried, and reading it all, all the installations and all their efforts to engage with their neighbors, I find it immensely impressive. I hope to see that my town, the town that I grew up in, actively work with and build a relationship, a partnership, with West Valley Muslim Association to address potential issues in traffic and noise to match their effort and courtesy,
rather than alienate them and our Muslim neighbors by
flatly denying them access to their space and their rights.
Many of those who attend the Los Gatos Islamic
Center are our residents, all of them are our neighbors, and they should be our friends and our partners, and we should treat them as such. Thank you.
ITEM NO. 8.
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25 CHAIR BURCH: Thank you. Are there any questions
for the speaker? Jeff, hold on. Vice Chair Barnett.
VICE CHAIR BARNETT: I’m afraid I missed part of
what you said, because you were making reference to the legitimate concerns of the neighbors, as well as of course supporting the Applicant, so do you have some way to
elaborate on that statement?
JEFF SUZUKI: Sure. I think that this is an
ongoing project. I don’t think that this is a sort of one and done deal where we either decide whether we should
extend the timeline indefinitely here, or we must deny it.
I do think that there is a very strong legal
basis for why we should extend the timeline, but the Town should be actively involved in ensuring that the
transportation issues, where they are present, are
addressed, and this is a continuous work in progress. This isn’t something that is just an intractable issue.
CHAIR BURCH: Any other questions? Thank you.
NIGEL CHANDLER: Good evening, Commissioners. My
name is Nigel Chandler. I’m a part of the Complete Streets and Transportation Commission, but today I’m not speaking as a Commissioner, but as a private resident of Los Gatos.
I am personally not a Muslim, but I first got
acquainted with the Los Gatos Islamic Center mosque in Los
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25 Gatos when I was invited to a public community coffee back in the fall of last year, one of many events that the
mosque holds to reach out to the broader community.
When I heard at a recent City Council meeting
that the parking is, “like Disneyland,” and that there is, “not enough space for emergency vehicles,” I thought it would be a good idea for me to go and personally check it out and see if I could get myself more informed on the
matter, and so I did decide to spontaneously visit, two weeks ago on March 10th, on a Tuesday during Ramadan, at about 9:30pm.
What I saw were two volunteers in yellow vests
who were stationed outside to monitor traffic and noise, and to ensure that there aren’t any mosque visitors that are using street parking when they should be parking inside the onsite parking.
When I personally went up to ask them about the
situation, one of them, Mohammed, had asked me to come
inside, not making any noise on the street, to have some of their leftover food that they were serving, and he was kind enough to share his perspective as an unpaid volunteer, that being a good Muslim is about being a good neighbor, and that this is exactly why we volunteers, to minimize the disturbance to their neighbors.
ITEM NO. 8.
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25 When it did come time to leave, people were
totally out in less than 15 minutes on the day that I went.
I came expecting a so-called Disneyland, but to be honest, that’s not what I saw, and I certainly can’t imagine any emergency vehicles having a hard time getting by.
I think I will let others, as we have seen
tonight, speak to the importance of tolerance and inclusion in Los Gatos, and to the rights people have to practice the well-established tenets of their religious freely. I can just say that from what I saw, I think the mosque is a
great neighbor and I would personally support their
application for the Conditional Use Permit. Thank you.
CHAIR BURCH: Thank you. Are there any questions
for the speaker? Thank you. All right, the next three I have are Anne Griffin. I have Karen Yamamoto. Is she on Zoom? Yes. And I now have Tiriq Abed. Is Anne here? May have left. Is Karen able to speak on Zoom?
KAREN YAMAMOTO: Good evening. I’m surprised you
guys got to me. I’ve lived on Benedict Lane for 27 years and I’ve never had a problem with the Muslim Association. I love my Muslim neighbors, they’re great, never had a
problem. I’m neither for nor against this permit, just to let you know.
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25 With that said, I would like you to consider the
following: After 30 years of the Muslim facility being on Farley Road, why is there all of a sudden a need to change the hours? It’s always worked for over 30 years. Is it
because of the number of people that have to attend, or is it just because now they want to extend it for some other event happening? So, keep that in mind.
My other concern is our neighbors. The people who
live there have houses next to the facility. My heart goes out to them, because I know what it’s like to be bombarded with lights at night, constantly, because I live behind Erik’s Deli. So, that’s annoying, but I can’t imagine car noises and everything else.
We’ve really got to actually come up with either
a better solution for this, or keep the hours the same, you know? It is important that everybody be respected, not just one side or the other, and I do believe that the Muslim religion has always been able to adjust to their
environment, and I don’t understand why this has been such a big deal.
But the other concern that popped up tonight that
I really want to address—all the other ones have been
addressed—I think the bigger situation that you need to actually keep in mind is all of the other religious groups
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25 supporting this. Because if you open the door to extend the hours to one religious group year-round, you’ve got to do it for all of them. Not just that, but other community
events and stuff like that that people want to do, so that is a major thing. That means we have to change our whole Town Code about hours of quietness.
CHAIR BURCH: That was three minutes, Karen.
KAREN YAMAMOTO: Okay. Oh, and Rich Stephens
couldn’t make it, so he left papers for you to read.
CHAIR BURCH: All right. Are there any questions
for the speaker? No. All right, thank you. Is Tariq still here? All right, thank you. Then I have two more, Chris Wiley and Beth Grimes.
CHRIS WILEY: My name is Chris Wiley; I’m a local
resident for 50 years. This is a tough one, folks. Last time I saw the chambers filled like this was for a business that people didn’t want here; it went way outside and down the road. That business isn’t here because they thought it would work here, but it didn’t work here. Let me go
backwards a little bit.
I’m for the Muslim community. There are speakers
who came up here that have helped me when I’m overseas, for example, and I lived in Muslim communities for many, many years. I even asked for a gentleman here who spoke, his son
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25 spoke, his wife spoke; they sent me my first Quran in English, along with papers that I needed to understand the culture, because I dealt with it, so I understand. I
attended the festivities. They were wonderful.
But we have a problem here that with all this
goodness, we’re forgetting there are neighbors. I live
across from one of the busiest night events, and that is the bocce court, and I haven’t had a night’s sleep for
years when they are open. I don’t think there is any other business, other than what you guys are asking today, that are open late at night, especially in a residential
community.
So, what I think, rather than some people are
part of a problem, some people are part of a solution, and they were both here tonight, but what I think has to be taken back to you. This has to totally be readdressed and started over with the neighbors and the noise. And I know about alarms. I know about people who don’t think their cars are locked, so they’ve got to press it one more time for that beep. I know about the strollers. I’ve actually oiled a few in front of my place when people go by.
I want you to know I support you guys, but your
time is off, and maybe you’re in the wrong neighborhood.
The last business was the gun shop. It was running just
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25 fine, everybody thought it was cool, and suddenly they didn’t think it was cool; it was time for them to leave.
And there are churches here that outgrew the
church. The Baptist church outgrew that church. The
Jehovah’s Witness went in, then they outgrew that. Maybe it has happened that this has outgrown it, and there may be a possibility as an alternative also that when you have your big festivities you find a place to hold it, such as some churches do when they get too big for Easter and they go to a stadium. I know in New York City a lot of temples and a lot of mosques, instead of having their festivities,
they’ll go to a bigger place that’s away from the
neighborhoods.
But I would not vote tonight if I was in your
position. I think it needs to be readdressed and more
research needs to be done.
CHAIR BURCH: Thank you. Are there any questions
for the speaker?
BETH GRIMES: Hello. I am Beth Grimes, and I’ve
lived in this neighborhood for over 30 years with a lot of these other people. I accepted an invitation from WVMA to one of the celebrations, the last day of Ramadan, and it was so welcoming and educational, and I still remember it as a very positive experience.
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25 And this issue, like the preview speakers and
others have said, is so difficult. Los Gatos is better
because all of us are in this room, and in this town, and it’s like it’s obvious that WVMA is very important to many families in this room. I’d love to hear how there are so many collaborations between WVMA and other groups. It’s beautiful, and it makes Los Gatos so much better.
But we still have an issue here with this
particular proposal, and the Los Gatos Weekly article a few months ago was very telling when they said—and it was the WVMA that was saying it—that the volume originally was
around 75 people, and it was up to 300 to 500. That’s
overwhelming, like tonight has been overwhelming. And we have our little neighborhood. We have the 90-year-old
gentleman who came up here and he’s lived in our
neighborhood for so many years.
This is the first organization that’s been in
that facility where this has been a problem, and it’s like I can’t imagine that extending this is going to make the situation any better. Why wasn’t this facility in the North Forty next to a freeway? Easy in and out, you don’t care about the noise. That’s where it should be, not in our
little neighborhood.
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25 I was bicycling to work the other day, right past
your house, and it’s like at 6:45am, and there were cars coming out of the WVMA facility, so I can attest to them not following not starting before 8:00 o’clock, because there were cars coming out then. Not a lot, but they
definitely were coming out of there, and it’s like I can’t imagine that this situation is going to get any better, and I would hope that you would listen to the neighbors and find a solution that works for them.
CHAIR BURCH: Thank you. Are there any questions
for the speaker? Yes, Vice Chair Barnett.
VICE CHAIR BARNETT: Two questions: what street
do you live on, and what specific inconveniences or
nuisances have you been subjected to?
BETH GRIMES: I’m here basically to be supportive
of my other neighbors on Farley Road. I am on Corrine
Drive, and luckily when everybody exits, they’re exiting out Chirco and going out to the light, and not coming down my street.
VICE CHAIR BARNETT: Thank you for that.
CHAIR BURCH: Any other questions? No. Thank you.
We are right before midnight, so I think at this
point we need to determine are we going to stay longer, or
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25 are we going to move this to a future date, and I would be looking to Staff for guidance on that.
DIRECTOR PAULSON: Thank you. Looking at the
calendar, it looks like the soonest would be March 31st or April 2nd as a special meeting to continue public comment.
CHAIR BURCH: And we need to probably make the
determination for a date certain tonight, so I’m asking my fellow Commissioners, of those special meeting dates, what is your preference?
DIRECTOR PAULSON: Commissioner Stump.
COMMISSIONER STUMP: Either date would work for
me.
CHAIR BURCH: Either day? All right. Commissioner
Burnett, you said either day? Either day. Vice Chair
Barnett?
VICE CHAIR BARNETT: I can only do the 31st.
CHAIR BURCH: 31st, okay. I guess then
Commissioners Mayer and Sordi, does the 31st work?
COMMISSIONER MAYER: The 31st, yes.
CHAIR BURCH: Commissioner Sordi.
COMMISSIONER SORDI: I think a slight preference
for the 31st, but I can be there.
CHAIR BURCH: That’s okay, I think we’re narrowed
on the 31st then. That way everyone can attend, and we’ll
ITEM NO. 8.
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25 have to follow-up with Commissioner Thomas. Oh, that’s right. I’m sorry, she’s recused. I guess I’m getting a
little tired.
ATTORNEY WHELAN: Chairperson, are you thinking
of a 7:00pm start time, or an earlier start time?
CHAIR BURCH: Honestly, I would recommend an
earlier start time, everybody. I don't know if there are going to be more speakers from the Zoom.
DIRECTOR PAULSON: There definitely will be more
speakers on Zoom.
CHAIR BURCH: Yes, so you guys feel all right
with a 6:00 o’clock start time? Yes? No problem.
Commissioner Stump, 6:00am? Or 6:00pm? Oh, my goodness. Can you tell? Okay, so the 31st at 6:00pm, not 6:00am.
COMMISSIONER STUMP: And I’ll be there at 6:00am.
CHAIR BURCH: Perfect. Bring me coffee. All
right, do we need to make a motion then?
DIRECTOR PAULSON: Yes.
CHAIR BURCH: Does anyone want to make a motion?
VICE CHAIR BARNETT: So moved.
CHAIR BURCH: I’ll second. I’ll call the
question. Commissioner Sordi.
COMMISSIONER SORDI: Yes.
CHAIR BURCH: Commissioner Mayer.
ITEM NO. 8.
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25 COMMISSIONER MAYER: Yes.
CHAIR BURCH: Vice Chair Barnett.
VICE CHAIR BARNETT: Yes.
CHAIR BURCH: Commissioner Burnett.
COMMISSIONER BURNETT: Yes.
CHAIR BURCH: Commissioner Stump.
COMMISSIONER STUMP: Yes.
CHAIR BURCH: And I also agree, so it passes
unanimously. I think we’re wrapping up this evening. Thank you, everybody. We will see you on the 31st.
(END)
ITEM NO. 8.
PREPARED BY: Jocelyn Shoopman
Senior Planner
Reviewed by: Planning Manager, Community Development Director, and Town Attorney 110 E. Main Street Los Gatos, CA 95030 ● 406-354-6832
www.losgatosca.gov
TOWN OF LOS GATOS
PLANNING COMMISSION
REPORT
MEETING DATE: 03/31/2026
ITEM NO: 1
DATE: March 27, 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.
BACKGROUND:
On March 25, 2026, the Planning Commission received public testimony and continued the item to a date certain of March 31, 2026.
Exhibit 17 includes additional public comment received between 11:01 a.m., Wednesday, March 25, 2026, and 3:00 p.m., Friday, March 27, 2026.
EXHIBITS:
Previously Received with the March 25, 2026, Staff Report:
1. Location Map
2. Draft Resolution Making the Required Findings and Approving the Application Subject to the Conditionals of Approval (Included as Attachment A)
3. Conditional Use Permit U-89-11
4. Conditional Use Permit U-20-001; March 11, 2020, Planning Commission Staff Report; and March 11, 2020, Planning Commission Minutes
5. Letter of Justification
6. Neighborhood Outreach
7. Noise Analysis
8. Site Map
9. Applicant's Response to Public Comments Regarding Noise ATTACHMENT 6
ITEM NO. 8.
PAGE 2 OF 2
SUBJECT: 16769 Farley Road/U-24-010
DATE: March 27, 2026
10. Additional Information from the Applicant
11. Public Comments Received by 11:00 a.m., Friday, March 20, 2026, with Attachment A, Videos Provided as Part of Public Comments
Previously Received with the March 23, 2026, Addendum Report:
12. Public Comments Received Between 3:01 p.m., Friday, March 20, 2026, and 3:00 p.m., Monday, March 23, 2026
Previously Received with the March 24, 2026, Addendum Report 2:
13. Public Comments Received Between 3:01 p.m., Monday, March 23, 2026, and 3:00 p.m., Tuesday, March 24, 2026
Previously Received with the March 25, 2026, Desk Item Report:
14. Supplemental Information from the Applicant
15. Letter from the Applicant’s Legal Counsel
16. Public Comments Received Between 3:01 p.m., Tuesday, March 24, 2026, and 11:00 a.m., Wednesday, March 25, 2026
Received with this Staff Report:
17. Public Comments Received Between 11:01 a.m., Wednesday, March 25, 2026, and 3:00 p.m., Friday, March 27, 2026
ITEM NO. 8.
From: Susan Stenman < >
Sent: Wednesday, March 25, 2026 5:02 PM
To: Planning <[email protected]>
Subject: Public Comment Opposing CUP U-24-010
Dear Members of the Planning Commission,
I am writing to provide input regarding the current application under review, with a focus on neighborhood compatibility and alignment with existing zoning requirements.
My concern is centered on whether the proposed facility is compatible with the surrounding neighborhood as defined by the Town’s General Plan and zoning standards. This is not about who is using the facility, but where it is being placed and whether that placement aligns with established requirements.
From a zoning perspective, there appears to be a mismatch between the proposed use and the expectations for this neighborhood. The General Plan emphasizes maintaining consistency and conformity in land use, and it is important that all applications are held to the same standard to avoid disparate treatment.
In addition, there are specific safety and traffic concerns that impact neighborhood well-being.
Based on observed patterns, there have been instances of increased vehicle activity leading to congestion and reduced road accessibility. This includes conditions where roads are not consistently unobstructed or easily passable, which raises concerns for safe mobility— particularly for children, seniors, and emergency access.
There are also quality-of-life considerations, including noise and disruption during certain times, which affect residents’ ability to maintain a predictable and safe living environment.
I want to emphasize that our goal is to live harmoniously with all community members.
However, this requires that any facility be appropriately located in a way that supports both its activities and the surrounding neighborhood. When activities conflict with the intended use of a residential area, it creates ongoing challenges that should be carefully evaluated.
For these reasons, I respectfully ask the Commission to consider whether the application meets the Town’s standards for neighborhood compatibility, zoning alignment, and safety. Based on the concerns outlined above, I encourage you to either decline the application or require meaningful adjustments that bring it into compliance with these requirements.
Thank you for your time and consideration.
Sincerely,
Susan Stenman
Resident
EXHIBIT 17
ITEM NO. 8.
From: < >
Sent: Wednesday, March 25, 2026 3:38 PM
To: Planning <[email protected]>; Jocelyn Shoopman <[email protected]> Cc: Kristi Branch < >
Subject: Fw: Concerned about expanding CUP rules for WVMA @ Farley Rd This looks like it may not have been delivered this morning and this afternoon per Microsoft...
To whom it may concern:
Please read email below when considering the CUP expansion request from the WVMA facility on Farley Rd.
Thank you,
Al Honorio & Kristi Branch
From: < >
Sent: Wednesday, March 25, 2026 3:30 PM
To: [email protected] <[email protected]> Cc: Kristi Branch < >
Subject: Concerned about expanding CUP rules for WVMA @ Farley Rd Dear Ms. Shoopman,
As neighbors of the WVMA facility on Farley Rd in Los Gatos, we are writing to express our deep concerns to considering an expansion of the conditional use permit for WVMA's operating hours and capacity that is fundamentally incompatible with a R-1 residential zone. Having lived here for 20 years, we have co-existed fine with that site, granted the previous tenant had less membership. But unfortunately, the growth of the WVMA membership over the past 3 years has brought increasing safety risk and nuisance from more traffic, cars parking throughout the neighborhood, and car lights and noise at inconvenient hours to us residents. It has become an imposition to the once quiet and less traveled neighborhood and would only get worse if the conditional use permit was expanded.
Three key reasons as to why we ask that you do NOT expand the conditional use permit for WVMA's operating hours and capacity:
1) WVMA has already been in violation of hours and over capacity to the current conditional use permit, as documented to the township and police. You know it will always go over time and volume of people if there is not constant enforcement present, which we know the township cannot provide. And if left to themselves to manage on their own, they've already proven they can't even meet the current CUP rules. So why would you think they could keep within expanded hours and capacity regulations?!
ITEM NO. 8.
2) Detective Sergeant Harold Hoyt has already stated to the WVMA that "It is a difficult task, and likely impossible, to control the volume of the visitors." So, imagine if the number of people and hours increased? That would pose even more risk and nuisance to residents, potentially more manpower and budget cost to law enforcement to enforce and patrol it, and more safety concerns if more members are driving to the site and then trying to find parking in our residential area due to overcapacity of parking within their designated parking lot for its capacity.
3) The Town Council, which the Planning commission serves under, has the responsibility to represent the residents of Los Gatos, not an entity that consists of and serves primarily nonresidents of the town. Per the Town Council website, as an elected legislature, its purpose is that the Council’s priorities reflect the aspirations of the residents of Los Gatos, through its regulatory and budgetary enactments.
We have been accommodating the existing CUP rules and guidelines that they have not even been complying with. So, allowing more members and longer hours would NOT serve the residents of Los Gatos, especially our quiet, safe, and less traveled neighborhood that will be directly impacted.
We ask that you keep to your priorities and responsibilities with the Town Council to represent us residents. Your decision should reflect our aspirations as town residents to live in a safe, quiet neighborhood, in compatibility with the regulations of an R-1 residential zone.
We should not be subject to increased traffic, parked cars, lights, and noise at expanded hours to accommodate a majority of non-residents gathering in an R-1 residential zone.
Thank you for your consideration in this sensitive matter.
Respectfully,
Al Honorio & Kristi Branch
ITEM NO. 8.
From: Alan Maybruck < >
Sent: Wednesday, March 25, 2026 11:21 AM
To: Jocelyn Shoopman <[email protected]>
Cc: [email protected] <[email protected]>
Subject: In Support of WVMC
Hello,
My name is Alan Maybruck and I’m part of the interfaith group at Congregation Shir Hadash. I want your community to thrive.
(Please Note: I did not send this mail to the city council. I did not see that address for the city in the email I received asking for my support.)
Before I submit a letter that expresses my support I needed more information. I looked at the location using Google, both street and satellite views of the property. I drove by WVMC to get a feel for the neighborhood. I’ve reviewed the lengthy and detailed research WVMC submitted to the city of Los Gatos. And I’ve noted some the pushback of homeowners in the neighborhood.
I struggled with how to support WVMC as I pondered both sides of the issue.
I know you asked us not to use ChatGPT - but let me explain my process. I put the letter WVMC submitted to the city and asked for 5 talking points in support of WVMC.
I then asked what would be the objections to the amendment from the neighborhood. I then asked ChatGPT to write a letter that supports both sides of the discussion.
The attached letter I’m submitting, to provide the city represents my true feelings expressed in a way that would have taken much longer to express.
Jazak Allahu Khayran,
Alan
ITEM NO. 8.
I want to begin by acknowledging something important: the concerns of neighbors are real and deserve to be heard. This is a quiet, established neighborhood, and residents are understandably protective of their sleep, their safety, and the character of their community.
Late-night activity—even when respectful—can feel disruptive, and studies or data don’t always capture the lived experience of people whose homes are directly nearby.
At the same time, this request is not about expanding a commercial use or changing the fundamental nature of the property. It remains what it has been for decades—a place of worship. What is being asked is a modest adjustment to hours so that members of the West Valley Muslim Community can observe core religious practices that are tied to sunrise and sunset and cannot simply be shifted for convenience.
What gives me confidence in supporting this request is the demonstrated effort to be good neighbors: investments in fencing and trees, traffic management, outreach, and a clear commitment to ongoing communication. This is not a community ignoring concerns—it is one actively trying to respond to them.
Ultimately, the question before us is whether we can find a way to uphold both values:
preserving the quality of life in this neighborhood while also making space for a diverse and growing faith community to practice their religion in a meaningful way. I believe this request, with continued accountability and dialogue, is a reasonable step toward that balance.
ITEM NO. 8.
From: SURJ Santa Clara County < >
Sent: Wednesday, March 25, 2026 11:04 AM
To: Planning <[email protected]>
Subject: Public Comment Item #2 - Approve WVMA CUP extended hours
Planning Commission,
Please include attached letter from SURJ Santa Clara County in public comment for Agenda Item #2 in support of WVMA CUP extended hours.
Thank you,
Lori Katcher
lead organizer
SURJ Santa Clara County
ITEM NO. 8.
SURJ Santa Clara County
c/o Urban Sanctuary
80 South 5th Street
San Jose, CA, 95112
March 25, 2026
Re: Agenda Item 2
To : Los Gatos Planning Commission
On behalf of Showing Up for Racial Justice (SURJ) Santa Clara County, we are writing in strong support for the approval of the West Valley Muslim Association's Conditional Use permit modification.
SURJ Santa Clara County represents over 1000 members from south county to Palo Alto. Through community organizing, mobilizing, and education, SURJ moves white people and other people with privilege to act as part of a multi-racial majority for justice.
We ask Los Gatos to stand by your commitment to diversity, equity and inclusion. These are not just buzz words. The right of a religious community to use their religious facilities for prayer is critical, and should be no different for the community of WVMA. Our communities are stronger when we are all able to thrive, together.
We ask the Planning Commission to approve WVMA’s CUP modification and grant extended hours so that our neighbors can pray and observe their faith together, and so Los Gatos can be a community where we all belong.
In community,
Lori Katcher
Lead organizer, SURJ Santa Clara County
ITEM NO. 8.
Ms, Kendra Burch, Chair
Los Gatos Planning Commission [email protected]
Re: Planning Commission Meeting 3/25/26
Public Comment Responding to the Staff Report and Recommendations Considering 16769 Farley Road Conditional Use Permit Application U-24-010
Dear Ms. Kendra Birch and Planning Commission Members:
We are home owners at . We have lived here over 25 years and enjoyed raising our family in our home in a quiet and peaceful neighborhood. As our lives continue to evolve, we are looking forward to our time ahead by relaxing in our home and entertaining friends and family in our backyard.
Our house shares over 100’ of fence line with the WVMA facility and as such we are impacted by the WVMA activities. As a result, there are many times that we have been prevented from spending time in our backyard, especially beginning in 2024.
It is not only having literally hundreds of cars start up and drive out so late at night, but it is also the intensity of the lights in the parking lots that shine directly into our property and home. The height of the commercial lights are very tall and extremely bright (see photo from our frontyard below) and the headlights shining into our property from the parking lot (see photo from our backyard below).
If the requested CUP modification application is approved it will further limit and additionally diminish the enjoyment of our home as an increase in late night and adding any additional early morning hours (4 AM) year round can limit us to four hours of quiet time in our home. By adding any operating hours prior to 8 AM weekdays and 9 AM weekends this will have a significant impact on our physical health and mental well-being, especially with the interruption and loss of sleep for our quality of life (sleep, worry, blood pressure). And as you know, the Town is not monitoring or enforcing the CUP requirements and regulations today, and we fear that the bad behavior and violations will be further exacerbated if any additional exceptions are contemplated based on the current pending application.
For these reasons and previous examples and violations reported to the Town of Los Gatos (Code Compliance, Planning Commission and Town Council) specific to the 16769 Farley Road CUP Modification Application, we ask the planning commission to deny the conditional use permit application and engage with neighborhood residents in a formal manner (i.e. task force) to ensure an equitable result.
We know that the Town of Los Gatos has the ability and a compelling interest to protect residents utilizing the governance rules, regulations, policies and ordinances for people living in Los Gatos. For example, the 2040 General Plan and neutral land-use regulations. The current CUP application for 16769 Farley Road fails to meet these fundamental requirements. We want the Town to protect our fundamental rights by preserving, protecting and complying with the R-1:8 zones to protect the character of our quiet residential neighborhood.
The Applicant is asking the Town to ignore its own policies.
ITEM NO. 8.
Los Gatos Planning Commission
Public Comment, Conditional Use Permit Application U-24-010 When we have spoken with WVMA leadership in the past, they were unable or unwilling to offer a comprehensive plan for the facility as it relates to existing without causing safety issues or reducing the quality for the overall neighborhood. We believe the one off approach, house by house (i.e. plant a tree or install a taller fence for one home) is preventing our ability to work collectively to identify options to mitigate concerns.
The lack of transparency and connection within our community is not the type of tone we want to foster.
We would like to work collaboratively with the Town to identify options that will provide the neighborhood and the association a suitable plan allowing us all to exist harmoniously.
For example, some initial thoughts:
● Reduce the height,intensity of glare and hours the lights in the parking lot are illuminating ● No sound amplification outside, at any time
● Limit extended hours to support the month of Ramadan (11PM), no additional late night hours the balance of the year, (cap at 10 PM).
● Limit morning hours of operation to 8AM weekdays and 9AM weekends ● Limit the number of attendees in the morning and late night sessions to 25-50 cars. ● Limit weekend usage (including events) hours of operation (9 AM-8 PM) and capacity ● Restrict parking location usage and mandatory exit route for members/staff on property during early/late hours
● Implement a reservation system for important dates when the highest volume of attendees are anticipated (similar systems are used by WVMA today to register participants, expand this for parking) ● Install curtains on windows facing residences to prevent light pollution in evening and nighttime
Respectfully,
Frontyard - Light Pollution Backyard Light Pollution
ITEM NO. 8.
This Page
Intentionally
Left Blank
ITEM NO. 8.
PREPARED BY: Jocelyn Shoopman
Senior Planner
Reviewed by: Planning Manager, Community Development Director, and Town Attorney 110 E. Main Street Los Gatos, CA 95030 ● 406-354-6832
www.losgatosca.gov
TOWN OF LOS GATOS
PLANNING COMMISSION
REPORT
MEETING DATE: 03/31/2026
ITEM NO: 1
ADDENDUM
DATE: March 30, 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 18 includes additional public comment received between 3:01 p.m., Friday, March 27, 2026, and 3:00 p.m., Monday, March 30, 2026.
EXHIBITS:
Previously Received with the March 25, 2026, Staff Report:
1. Location Map
2. Draft Resolution Making the Required Findings and Approving the Application Subject to the Conditionals of Approval (Included as Attachment A)
3. Conditional Use Permit U-89-11
4. Conditional Use Permit U-20-001; March 11, 2020, Planning Commission Staff Report; and March 11, 2020, Planning Commission Minutes
5. Letter of Justification
6. Neighborhood Outreach
7. Noise Analysis
8. Site Map
9. Applicant's Response to Public Comments Regarding Noise
10. Additional Information from the Applicant
11. Public Comments Received by 11:00 a.m., Friday, March 20, 2026, with Attachment A, Videos Provided as Part of Public Comments
ATTACHMENT 7
ITEM NO. 8.
PAGE 2 OF 2
SUBJECT: 16769 Farley Road/U-24-010
DATE: March 30, 2026
Previously Received with the March 23, 2026, Addendum Report:
12. Public Comments Received Between 3:01 p.m., Friday, March 20, 2026, and 3:00 p.m., Monday, March 23, 2026
Previously Received with the March 24, 2026, Addendum Report 2:
13. Public Comments Received Between 3:01 p.m., Monday, March 23, 2026, and 3:00 p.m., Tuesday, March 24, 2026
Previously Received with the March 25, 2026, Desk Item Report:
14. Supplemental Information from the Applicant
15. Letter from the Applicant’s Legal Counsel
16. Public Comments Received Between 3:01 p.m., Tuesday, March 24, 2026, and 11:00 a.m., Wednesday, March 25, 2026
Previously Received with the March 27, 2026, Staff Report:
17. Public Comments Received Between 11:01 a.m., Wednesday, March 25, 2026, and 3:00 p.m., Friday, March 27, 2026
Received with this Addendum Report:
18. Public Comments Received Between 3:01 p.m., Friday, March 27, 2026, and 3:00 p.m., Monday, March 30, 2026
ITEM NO. 8.
From: < >
Sent: Monday, March 30, 2026 12:46 PM
To: Jocelyn Shoopman <[email protected]>; Planning <[email protected]> Subject:
To: Los Garos Planning Commission
From: Roger & Ann Bundlie
My wife & I purchased our house at in 1990-36 yrs. We both worked at Ming Quong Children's center for abused and neglected children. My wife worked 40 years and I for 33 years until retirement. My wife is 69 years of age and I'm 76 years old.
Our driveway is diagonal from WVMA exit driveway. This results in a constant light show in our frontroom/TV area. We need to backlight the room so it is'nt so intrusive. Our bedroom is right off the frontroom, resulting in the light show while trying to sleep. I suffer from from chronic back pain, sleep disruptions, diabetes and mobility impairment.
During Ramadan 2024 & 2025, I could not sleep due to cnstant headlights shining into our bedroom, car engine noise and cars three point turns lighting up the house. This has affected the tranquility of our home.
Facility overflow parking results in partially blocked driveways & blocked mailbox. There are times when we can't even open the mailbox door due to a car parked to close. At other times the postal worker just drive without delivery. I catch the worker as they come down the other side to receive my mail.
These concerns are in additions to the ones highlighted by are neighborhood.
During our 36 years on Farley have we had to deal with the incident highlighted.
We restfully ask the Commission to deny this current CUP modification request.
Respectfully,
Roger & Ann Bundlie
Sent from AOL on Android
EXHIBIT 18
ITEM NO. 8.
From: Kim Ratcliff < >
Sent: Monday, March 30, 2026 12:32 PM
To: Allen Meyer <[email protected]>
Cc: Jocelyn Shoopman <[email protected]>; Alexa Nolder <[email protected]>; jimratcliff < >; Sblend Sblendorio < >
Subject: Re: West Valley Muslim Association Violations 3/15/26 and 3/18/26 Dear Allen,
We have posted these videos to the Farley Neighborhood Youtube channel:
Here is the link to the 3/15/26 Ramadan 11 pm Curfew Violation.
Here is the link to the IMG-7112 2.mov which shows vehicles exiting WVMA on 3/18/26 at 6:40 am before Town's allowed 8 am operating hours/noise curfew. The vehicles came in at approx 6:20 am. The video is titled Early Arrival "Violation." Here is a video showing Late Departure Ramadan Violation: Over-Capacity Parking Lot After 11 PM (Backyard View) on .
Additionally @Allen Meyer, we never received a response from you about the early morning curfew violation (25 vehicles entering WVMA at 6:14 am) that woke us up and that we emailed you about on 3/27/26 and also reported to LG-MS PD. I didn't supply you with video because LGPD came out shortly after we called and drove through the facility shortly after we called.
Copying @[email protected] @Jocelyn, please include these videos to an Addendum Report for tomorrow's Planning Commission.
Thanks,
Kim and Jim Ratcliff
ITEM NO. 8.
From: < >
Sent: Monday, March 30, 2026 12:15 PM
To: Jocelyn Shoopman <[email protected]>; Planning <[email protected]> Cc: [email protected] < >
Subject: Public Comment opposing CUP-24-010
Members of the Los Gatos Planning Commission,
At the March 25, 2026, planning commission meeting, the WVMA site was compared to other local institutions in R-1 zoned areas multiple times. Following the meeting, I conducted a short study (attached) reviewing the neighborhood impact of five local institutions in R-1 zones on their surrounding neighborhoods, including:
Calvary Church on Los Gatos Blvd
Faith Lutheran Church on Ferris Ave
First Baptist Church on Daves Ave
Venture Christian Church on Hicks Rd
WVMA on Farley Rd
I respectfully request that the commission review the attached and consider the findings when evaluating WVMA’s request to increase its operating hours.
Thank you, Christine
Christine Kerst
ITEM NO. 8.
Date: March 30, 2026
To: Town of Los Gatos Planning Commission
From: Christine Kerst, member of Farley Road Neighborhood Coalition Subject: Analysis of Institutional Intensity vs. Residential Infrastructure (Farley Road Corridor)
To the Honorable Members of the Commission,
I am submitting the attached comparative analysis of the operational scale of religious institutions within R-1 (Single-Family Residential) zones in Los Gatos and Monte Sereno. I respectfully request that the Commission consider these findings when evaluating any modifications to the Conditional Use Permit or operational hours for the WVMA site.
The purpose of this analysis is to assess whether the current and proposed intensity of use at 16769 Farley Road is consistent with the surrounding neighborhood character and existing infrastructure. The findings indicate that the scale of activity has reached a level that is not well aligned with those conditions.
This analysis was conducted following the March 25, 2026 Planning Commission meeting, during which the Farley Road site was compared to other institutions located in R-1 zones. All data used in this report is drawn from publicly available sources.
The report includes an “Impact Score” to evaluate the six sites analyzed. This score is intended to measure how the intensity of use at each location relates to the capacity of its surrounding environment. In this context, a lower score reflects a greater imbalance between use and infrastructure. The Farley Road site received a score of 2 out of 10, the lowest among the sites reviewed.
While the Town’s General Plan allows quasi-public assembly uses in residential zones through Conditional Use Permits, such uses rely on the assumption that surrounding infrastructure can safely accommodate associated traffic, lighting, and noise. As reflected in the data, Farley Road remains a semi-rural residential street. Unlike other institutions located on fully improved collector streets—such as Los Gatos Boulevard or Daves Avenue—Farley Road lacks key safety features, including sidewalks, centerline striping, and adequate street lighting, which are typically necessary to support higher-intensity and evening uses.
1
ITEM NO. 8.
Farley Road Institutional Impact
Study
An Analysis of Infrastructure vs. Intensity
Prepared for: Town of Los Gatos Planning Commission
Date: March 30, 2026
2
ITEM NO. 8.
Table of Contents
Infrastructure Compatibility Scoring Rubric............................................................................. 4 Institutional Infrastructure and Parking Analysis......................................................................5 Summary of Findings: Institutional Impact Analysis................................................................ 6
1. Infrastructure Deficit (The "Sidewalk Gap")
2. Visual & Lighting Discordance
3. Roadway Geometry and Striping
4. Parking-to-Capacity Ratio
Key Observations and Safety Analysis....................................................................................7 Impact Scoring Methodology................................................................................................... 8 Farley Road Score Analysis.................................................................................................... 9 3
ITEM NO. 8.
Infrastructure Compatibility Scoring Rubric
4
ITEM NO. 8.
Institutional Infrastructure and Parking Analysis
5
ITEM NO. 8.
Summary of Findings: Institutional Impact Analysis
1. Infrastructure Deficit (The "Sidewalk Gap")
A comparison of local worship centers reveals a significant disparity in pedestrian safety. ● The Standard: Institutions like Faith Lutheran (Ferris Ave) operate on streets with full urban improvements: curbs, gutters, and sidewalks on both sides. ● The Farley Gap: Farley Road features 0% sidewalk connectivity. This forces parishioners and residents alike into the paved roadway. In a residential R-1 zone, the introduction of hundreds of vehicles into a "shared-use" roadway (cars and pedestrians in the same space) creates an inherent safety conflict not found at other local sites.
2. Visual & Lighting Discordance
● Night-Time Sensitivity: Because Farley Road is a low-density residential pocket with limited street lighting, it has a very low "ambient light floor." ● Impact: Vehicle headlights and site-access lighting from 100+ vehicles during evening or pre-dawn prayer cycles (specifically during Ramadan) create a "pulsing" light pollution effect. This is significantly more intrusive on an unimproved lane than it is on an arterial like Los Gatos Blvd or an improved collector like Daves Ave, where existing streetlights and traffic signals already set a higher ambient light level.
3. Roadway Geometry and Striping
● Lack of Definition: Most institutional sites in the 95032 area are fronted by roads with a Double-Yellow Center Line, which dictates traffic flow and speed. ● Farley Road Constraints: At approximately 30 feet wide and lacking a center line, Farley Road functions as a "minor residential" street. When peak-hour traffic occurs, the lack of striping leads to "road creep," where vehicles utilize the entire width of the pavement, endangering parked cars and residents.
4. Parking-to-Capacity Ratio
● Operational Density: The West Valley Muslim Association has a low parking-to-capacity ratio (180 spots for 1,217 people). This requires excessive street parking overflow, increasing on-site intensity.
● The Paradox: Concentrating a large volume of vehicles onto a street that lacks the "geometry" (width and striping) of a collector street creates a bottleneck effect that is inconsistent with the R-1 zoning intent.
Conclusion
The data suggests that the WVMA site on Farley Road is operating at an Arterial Intensity on Rural-Residential Infrastructure.
6
ITEM NO. 8.
Key Observations: Infrastructure and Safety Analysis
1. The "Sidewalk Gap" and Pedestrian Risk
The data reveals a critical safety disparity. While institutions like Faith Lutheran (Ferris Ave) operate on streets with 100% sidewalk coverage, Farley Road has 0% sidewalk connectivity.
This requires all foot traffic—including parishioners and neighborhood children using the "Safe Route to School" for Fisher Middle School—to share the active roadway with vehicle surge traffic.
2. Incompatibility of Roadway Geometry
Most high-capacity institutions in the 95032 area are fronted by roads with a double-yellow center line and widths of 36–80 feet. Farley Road is a narrow (~30 ft) residential lane with no striping. This geometry is insufficient to handle the "surge flow" of 180 vehicles exiting a single lot simultaneously, creating a bottleneck that can impede emergency vehicle access (Fire/EMS).
This does not account for overflow parking on neighborhood streets, which further constrains roadway capacity.
3. Environmental Nuisance and Ambient Light Floor
Farley Road is a low-density residential pocket with a "rural" light profile. Unlike institutions on commercial-adjacent lots like Calvary Church, the Farley Road site lacks high-intensity street lighting to buffer the impact of vehicle headlights. During late-night or pre-dawn services, headlights "sweep" directly into the windows of the 12 directly fronting homes to create a significant visual nuisance.
4. Operational Density vs. Neighborhood Character
The Impact Score of 2/10 for 16769 Farley Rd reflects a "concentrated intensity" paradox. The ability to park 180 cars on-site actually increases the impact on the neighborhood, as it funnels a massive volume of traffic onto an unimproved, narrow residential road in a very short window of time. Again, this does not take into account the overflow parking on neighborhood streets. 7
ITEM NO. 8.
Institutional Infrastructure and Parking Analysis: Impact Scoring Methodology The Impact Score (also referred to as a Safety or Infrastructure Compatibility Score) is a weighted metric designed to quantify how well a street’s physical infrastructure supports the intensity of the institution sitting on it.
In this model, the score is calculated on a scale of 1 to 10, where 10 represents a "Perfect Match" (infrastructure fully supports the use) and 1 represents a "Severe Mismatch" (high-intensity use on a low-capacity street).
How the Score is Calculated
The score is derived from three primary categories, each weighted by its importance to neighborhood safety and character:
1. Pedestrian Safety (33.3% of Score)
This is a critical factor.
● High Score (9–10): Continuous sidewalks on both sides of the street, protected curbs, and gutters (e.g., Faith Lutheran).
● Low Score (1–3): Zero sidewalks, requiring pedestrians and surge traffic to share the same narrow pavement (e.g., WVMA/Farley Rd).
2. Roadway Geometry & Flow (50% of Score)
This measures the street's ability to handle "surge" traffic (cars arriving/leaving all at once).
● High Score: Wide lanes (40ft+), clear double-yellow striping, and dedicated turn lanes or bike lanes (e.g., First Baptist/Daves Ave).
● Low Score: Narrow lanes (~30ft), no center-line striping, and informal shoulder parking that restricts emergency vehicle access (e.g., Farley Rd).
3. Environmental Mitigation (16.7% of Score)
This assesses the "nuisance" factors like light and noise. ● High Score: Modern street lighting that creates a high "ambient floor," and commercial buffers that protect residential windows from headlight sweeps (e.g., Calvary Church).
● Low Score: "Rural" light profiles where every car headlight is a significant intrusion into neighboring homes due to the lack of existing streetlights. 8
ITEM NO. 8.
Score Analysis: Why the Farley Road Score is a "2"
While the WVMA has a modern parking lot, the "Impact Score" looks at the Street Interface. Because Farley Road has no sidewalks, no striping, and high residential headlight intrusion, it receives a low score. This score does not take into account overflow parking on neighborhood streets needed to accommodate WVMA’s 1,217 members.
The WVMA building is high-intensity, but the road it sits on is low-intensity. This is an infrastructure mismatch.
All information in this report was obtained via publicly reported information available on the internet. The findings included here assume the information provided via these records and reports is accurate and factual. 9
ITEM NO. 8.
From: Michael Page < >
Sent: Monday, March 30, 2026 11:39 AM
To: Planning <[email protected]>
Cc:
Subject: Public Comment Opposing CUP U-24-010
Los Gatos Town Planning Commission
With regards to the proposed CUP amendment submitted by WVMA for 16769 Farley Rd, Los Gatos I would like to voice a number of concerns.
From what I heard at last week's hearing it appears that the Town has inherited a poor decision that was made over 30 years ago. An operation of that scale should never have been approved in such a small and compact residential environment with such restricted access from a minor residential road with no sidewalks and limited lighting. We now have a situation where a very successful and rapidly expanding religious community are putting a strain on our local infrastructure, impacting neighborhood safety and serenity for our locals. It also appears that the original purchase of that land with the known CUP restrictions was either ill-advised or a calculated gamble on behalf of the WVMA leadership. That land and permitted usage is obviously not a good fit for their needs and will become an even bigger issues as they continue to expand their community.
Of course there are things we can do to mitigate some of the safety issues such as:
• Installing speedbumps in the local neighborhood
• Introduce permit parking in vicinity
• Limit WVMA attendees to WVMA Parking only
• Shuttle Bus from Calvary Church (although noise of the buses would be a concern)
Even if we implemented the above risk mitigations, we still do not address the serenity issues with regards to noise and lighting for our local neighbors. It is bad enough now, and if the proposed CUP amendment is granted, I fear we will lose some of our close friends and neighbors we have enjoyed getting to know over the past 26 years.
Sincerely,
Mike and Barbara Page
ITEM NO. 8.
From: Gaitie Z < >
Sent: Monday, March 30, 2026 11:02 AM
To: Jocelyn Shoopman <[email protected]>
Subject: Re: WVMA 16769 Farley Road
Hello,
I was disheartened to hear my neighbors testimony at the last CUP extension hearing for WVMA. I live on Flintridge Drive, which connects to the end of Farley.
Hearing them describe the streets as tiny and the neighborhood as small gave me pause. I guess it’s a matter of perspective. I grew up in Mountain View and navigated their narrow downtown roads regularly. Those are what I would describe as tiny, or the roads that lead you up to the mountains, not the roads in my neighborhood. I think by the average person’s standards neither the roads nor the neighborhood which stretches from Lark to Blossom Hill would be considered as such either.
A concern was noted regarding traffic and being able to get assistance if needed. When there’s a line of cars to enter the mosque during Ramadan, an emergency vehicle could easily drive past, because as I mentioned before, the road is not small by any stretch of the imagination.
I myself regularly pushed my son’s wheelchair from my home to the mosque without ever having any fear of being hit last Ramadan because of how wide the roads are. This year however, we drove, to avoid all the cameras. It felt absurd, we should be able to come and go freely without the fear of being filmed and having our faces plastered on YouTube. The added media frenzy this year had us drive or walk past bright lights while being filmed against our will.
My older son regularly walks to the mosque and was filmed by both media and the neighbor’s phone cameras. I had to skip a few nights during Ramadan because I didn’t want my face plastered on TV in Trumps America, and especially not my youngest’s who has special needs.
One neighbor mentioned fearing for her kids safety as they biked through Mosque traffic in the mornings. Schools in Los Gatos don’t start before 8:30am, and the Mosque’s early morning “traffic” is cleared out by 7am. After Friday prayers we’re directed to exit from LG Blvd, not the neighborhood.
Kim, the neighbor to the mosque complained of the hum of Teslas and the folding of strollers which I find remarkable that she was even able to hear that through her home’s walls. The car that she claimed blocked her driveway on one instance for a few minutes did not belong to the congregation, I believe it was the news anchors vehicle. Her husband Jim ended his public comment with “stop the Islamification…” I couldn’t hear the end, I imagine it ended with “stop the Islamification” of our town or neighborhood. This showcased his true feelings about having a mosque as a neighbor and mirrors what I’ve felt living here the past 4 years now. The constant stares let you know how people feel having you in the neighborhood.
WVMA is the one place I can go and not have to worry about that. They embraced my special
ITEM NO. 8.
needs son and the rest of my family with warmth and acceptance. When he vocalizes his excitement loudly (he’s non verbal) or gets a little overstimulated I don’t have to fear we’ll be kicked out or have to run home and isolate ourselves as we normally do, he’s a part of the community and is welcomed as he is. It’s a special community unlike any other we’ve ever been a part of.
When a community gathers part of what connects us and draws us is being together. Being able to check in on one another, hug, ask about one’s kids and families and everyone’s health. It gives you that boost of serotonin needed to get through the rest of your day/week. Instead of being able to primarily focus on our prayer and that connection, we’re reminded over and over to not make a peep while exiting on between services. Reminders are given to not park on the street, to follow the traffic enforcers lead, to not speak to one another once outside the building. To get in our cars quickly and exit so as not to disturb the neighbors. I was asked midway through Ramadan to no longer drive from my home to the mosque (down Flintridge and left onto Farley), they wanted me to drive down Chirco, turn right on LG Blvd, then right onto Farley so as not to disturb the neighbors. I thought it a bit much but acquiesced to their request and took the longer route for the rest of the month. My point being, I’m not sure what more can be done on the mosque’s part to ensure the congregation is respecting the neighborhood.
The morning prayers are open for those who need that boost before work. It’s a required part of our faith to pray at a specific time. It’s not something that can be negotiated or done at a later time. The supposed video proof of the 6 or so cars that exited, shows them doing so quietly and respectfully. There was no honking, no car alarms heard, no chattering. Nothing that would cause a person to wake from their slumber. It’s not constant traffic through the day and night.
It’s before and after service and as another person testifying at the hearing noted, it takes about 15 minutes for everyone to exit and be gone even when it’s very well attended, which the morning prayers are not. I would love to be able to continue to frequent our neighborhood mosque with my family and community and am hoping the CUP extension is granted.
Thank you so much for your time, for listening to our community’s concerns and needs and for taking that into consideration when you make your decision.
Best
Gaitie Zaheer
ITEM NO. 8.
From: Farley Road Neighborhood Coalition < >
Sent: Monday, March 30, 2026 10:09 AM
To: Jocelyn Shoopman <[email protected]>; Alexa Nolder <[email protected]>; Planning <[email protected]>
Subject: Opposition to CUP 16769: Concerns Regarding Procedural Due Process and Undue Influence
Dear Planning Commission Members,
I am writing on behalf of the Farley Road Neighborhood Coalition to express our opposition to the proposed modification of Conditional Use Permit (CUP) 16769. We deeply appreciate the Commission’s commitment to an open and transparent public process. However, the recent introduction of external perspectives from Congressman Sam Liccardo —who is neither a resident nor a direct stakeholder—presents a risk to the independent, quasi-judicial nature of these proceedings. We trust the Commission to maintain its focus on the required findings of fact and its duty to protect the public health, safety, and general welfare of the Los Gatos residents directly impacted by this proposal.
1. Preserving Independent Decision-Making
As the Commission acts in a quasi-judicial capacity, it is essential that all determinations remain based solely on established local zoning criteria and evidence specific to our immediate neighborhood. External interventions, regardless of their source, should not outweigh the factual testimony of the families directly impacted by this application. We look to the Commission to uphold a fair process that prioritizes local planning standards over outside political influence.
2. Misapplication of RLUIPA Standards
The Congressman’s invocation of RLUIPA suggests that the Town must grant these expanded hours to avoid federal litigation. However, RLUIPA does not grant religious institutions immunity from neutral, generally applicable zoning laws designed to protect public safety and neighborhood tranquility. The Commission’s primary duty is to mitigate third-party harms— including noise, traffic, and light pollution—which are valid "compelling interests" that justify reasonable restrictions on hours of operation, regardless of the applicant's religious status.
3. Maintaining Land Use Compatibility
The Congressman’s letter compares the WVMA site to a Jack in the Box located on Los Gatos Boulevard. As shown in the attached map, this is a false equivalence in both geography and infrastructure:
• Spatial and Zoning Contrast: The Jack in the Box is situated on a high-traffic, multi-lane commercial thoroughfare (Los Gatos Blvd) specifically zoned for 24-hour retail and transit. In contrast, 16769 Farley Road is nestled deep within a quiet, R-1 residential zone characterized by narrow streets, (lack of sidewalks, and minimal street lights,) and single-family homes.
ITEM NO. 8.
• Infrastructure Limits: Unlike a commercial corridor designed for constant transit, Farley Road is a residential street not engineered for the high-volume, late-night "peak" traffic generated by pre-dawn and midnight gatherings.
• Residential Impact: A fast-food restaurant on a major boulevard does not impact the privacy, safety, and sleep of immediate neighbors in the same way as intensive, aroundthe-clock activity in the heart of a residential block.
We thank the Commission for its dedication to maintaining an independent process that values the character of Los Gatos neighborhoods. We trust that your evaluation will continue to be guided by the specific merits of our local laws and the tangible impacts on the residents who call this area home.
Sincerely,
Farley Road Neighborhood Coalition
ITEM NO. 8.
From: Farley Road Neighborhood Coalition < >
Sent: Monday, March 30, 2026 10:07 AM
To: Jocelyn Shoopman <[email protected]>; Alexa Nolder <[email protected]>; Planning <[email protected]>
Subject: Correcting the Record and Addressing Safety Violations CUP 16769 Dear Planning Commission Members,
On behalf of the Farley Road Neighborhood Coalition, we are submitting this formal response to the March 25th hearing. During the hearing, our neighborhood was significantly outrepresented by the applicant’s organized presence. Consequently, we did not have the opportunity to address the many inaccuracies presented during public comment. While the hearing often veered into discussions of religious rights and bias—topics outside the scope of local land-use findings—we urge the Commission to refocus on the documented facts regarding safety, traffic, and transparency.
1. Misleading Use of Neighbor Testimony
At the 28:57 mark of the public hearing video, the applicant presented a specific quote from a neighbor to suggest local support. However, a review of the full record reveals that the applicant strategically "cherry-picked" this quote while omitting a series of contradictory actions and factual errors:
• Nov 26, 2024: In her original statement, the neighbor raised serious concerns regarding traffic safety.
• March 8, 2026: This same neighbor signed the neighborhood petition to oppose the expansion.
ITEM NO. 8.
• March 16, 2026: She submitted a formal opposition letter (found on page 413 of the agenda package).
• March 18, 2026: She provided the statement the applicant chose to highlight. Notably, in the paragraph immediately preceding the applicant's quote, she erroneously claimed Farley Road is "zoned for commercial and religious use"—a fundamental misunderstanding of our R-1 residential zoning that the applicant failed to correct.
The applicant’s selective use of this neighbor’s testimony is not an isolated incident; it is part of a broader, troubling pattern of misrepresentation. Throughout this process, we have been met with inconsistent statements, intentional omissions, and an open admission of breaking existing laws. When an applicant intentionally "cherry-picks" facts to create a false narrative and consistently ignores established zoning restrictions, they prove themselves to be an untrustworthy partner. This lack of transparency and systemic disregard for local law undermines the credibility of their entire application and demonstrates that they cannot be trusted to self-regulate under a modified permit.
2. Documented Safety and CUP Violations
The applicant’s own testimony (at 28:42) inadvertently confirmed ongoing non-compliance with the current CUP:
• Acoustic Misrepresentation: The noise study presented was conducted outside of peak hours. Furthermore, the applicant admitted to noise during sunrise services—an activity that is a clear violation of the existing CUP.
• Safety Hazards: The applicant admitted to parking 200 cars in a lot designed for 180.
This "self-certified" overcrowding creates a clear public safety hazard. Indeed, on 3/13
ITEM NO. 8.
and 3/15, resident reported vehicles blocking fire hydrants, a direct threat to emergency access that was reported to the Planning Commission and non-emergency lines. • Traffic Management: The applicant relies on "trained volunteers" rather than licensed traffic professionals. Unlicensed individuals cannot legally or safely manage the flow of 200+ vehicles on a narrow residential street.
3. "Good Neighbor" Rhetoric vs. Litigious Actions
While the applicant spoke of a desire to be a "good neighbor," his actions suggest otherwise.
Bringing legal counsel to a local neighborhood zoning matter signals an intent to "lawyer up" and exert political pressure rather than engage in a good-faith discussion about residential impacts. This creates an environment of intimidation rather than community collaboration. This is not a sign of wanting to collaborate on a solution; rather, it creates an environment of intimidation that undermines true community partnership.
4. Lack of Operational Necessity and Availability of Alternatives The applicant has operated at this facility since 2018 under the current restrictions. The sudden claim that these expanded hours are "necessary" is contradicted by years of successful operation and the adaptability shown during the COVID-19 pandemic. • The Precedent of Prioritizing Safety: During the pandemic, we all adjusted our lives and operations to prioritize public health and safety. The neighborhood is asking for that same commitment now. Just as the applicant was able to adapt then, they can adapt now to protect the physical safety of our residents by adhering to occupancy and parking limits that prevent the blocking of fire hydrants and emergency access. • Nearby Alternative Facilities: There are numerous established facilities nearby better equipped for high-intensity, late-night, or early-morning gatherings. These include the Saratoga Musalla (approx. 5 miles away), the Muslim Community Association (MCA) in Santa Clara (approx. 9 miles), and the Blossom Valley Muslim Community Center (approx. 6 miles).
• Legal and Planning Standard: Under RLUIPA, the "Substantial Burden" clause does not grant a religious institution the right to expand into prohibited hours simply for convenience. If a need can be met through nearby facilities or by adjusting schedules, the Town is not legally obligated to grant a modification that creates a documented nuisance in an R-1 zone.
5. Misplaced Accusations of Bias and Discrimination
The vast majority of the speakers focused on religious rights, hate crimes, and discrimination.
While these are critical societal issues, they have no bearing on the required findings of fact regarding noise, traffic, and land-use compatibility in an R-1 zone. We find it deeply troubling that the applicant chose to lean into these accusations when none of the neighbors have acted with bias or refused to work toward a reasonable solution. Using such heavy-handed rhetoric is not a sign of neighborly cooperation; it is a "shield" used to avoid addressing the tangible, negative impacts the proposed expansion has on our quiet residential street. We trust the Commission to separate these emotional and unsubstantiated claims from the objective zoning evidence.
ITEM NO. 8.
6. Imposition of Permanent Disclosure Burden and Economic Harm Under California Civil Code § 1102, residential sellers are legally mandated to disclose any known "neighborhood noise problems or other nuisances" to prospective buyers. By approving this modification, the Commission is effectively forcing a permanent, disclosable nuisance onto our property records.
• Legal Liability: This expansion would require every resident to formally notify future buyers of pre-dawn traffic, late-night noise, and the safety hazards admitted to by the applicant.
• Diminution of Value: Such a disclosure significantly diminishes the desirability and market value of our homes.
• Enforcement Burden: We ask the Commission to consider the long-term economic harm and the "cloud" this puts over the marketability of our homes in this R-1 district, creating an unmanageable burden for residents and the Town.
Conclusion
The Planning Commission’s duty is to base its decision on objective zoning criteria and substantial evidence. The applicant’s presentation was a curated narrative that ignored documented safety violations and relied on out-of-context quotes. We ask the Commission to see through this "reality show" framing and protect the safety and tranquility of the R-1 residential zone by denying the modification.
Sincerely,
Farley Road Neighborhood Coalition
ITEM NO. 8.
From: Calvin Louie < >
Sent: Saturday, March 28, 2026 12:48 PM
To: Planning <[email protected]>
Subject: Request Modification Use Permit by West Valley Muslim Association, at 16769 Farley Road
Dear Planning Committee,
I am a resident of Los Gatos since 1985 & I strongly object to the proposed modification of the conditional use permit by the WVMA at Farley Road to extend the hours from early morning to midnight during Ramadan on the grounds that it disturbs the peace of all neighbors surrounding 16769 Farley Road. The amount of people who propose to use the facility for 30 days increases the noise, traffic & parking in the neighborhood during the evening hours when neighbors are trying to enjoy the peace and quiet of their community! I seriously doubt the planning commission has ever granted modifications by any other community and/or religious group of this nature & should not be granted herein. Please consider the community people you represent who's lifestyle are affected by these extended hours of use, in increased traffic, parking, noise, pollution and foot traffic with this variance in use. These create a traffic danger to those residents who walk their neighborhood in the evening. I strongly urge you to deny the request to modify the conditional use permit.
Regards,
Calvin
ITEM NO. 8.
From: Amanda Baker < >
Sent: Sunday, March 29, 2026 6:31 PM
To: Planning <[email protected]>; Jocelyn Shoopman <[email protected]> Cc: < >
Subject: Opposition to CUP Modification – West Valley Muslim Association, Farley Road – Direct Neighbor at 16771 Corcel Ct.
March 29, 2026
Los Gatos Town Council
Town of Los Gatos
110 E. Main Street
Los Gatos, CA 95030
Re: West Valley Muslim Association – Proposed CUP Modification to Expand Operating Hours Dear Mayor and Members of the Town Council,
We are writing as direct neighbors of the West Valley Muslim Association facility on Farley Road, sharing a large fence line with the property from our home at ., Los Gatos. We respectfully submit this letter in advance of the March 31 hearing regarding the proposed modification to the facility's Conditional Use Permit.
We want to be clear at the outset: we support the West Valley Muslim Association's continued presence in our neighborhood. Over the years, our interactions with the association and its members have been respectful and positive, and we value that relationship. We are not writing in opposition to the mosque itself.
However, we do not support the proposed modification to expand the facility's operating hours, including extending hours from 4am to midnight. Our concerns are based solely on the practical impacts to our immediate neighborhood. This approval would enable hundreds of cars passing through with late-night and early-morning traffic, noise, and congestion — that would result from significantly increased activity immediately adjacent to our property. Does this approval prevent hundreds of cars coming in and out of the neighborhood during sunrise and sunset prayers?
WVMA did not seem willing to limit attendees during 4am and midnight prayers because they need to be allowed all members at all times to be considered a mosque. Therefore, we are simply concerned about the uncertainty surrounding the number of vehicles that would be coming and going during the proposed extended hours, as that remains an unknown that is difficult to plan or prepare for as a neighboring household.
In terms of preparation, it would be ideal to establish an acceptable parking framework and street setup prior to any changes to the existing CUP. It seems there are many concerns by my neighbors on Farley Road so if the city were to install sidewalks and more streetlights, that
ITEM NO. 8.
would be ideal next steps in the spirit of finding a solution for everyone.
We do support the existing Conditional Use Permit and ask that the Town uphold its terms as currently written. We also respectfully urge the Council to take appropriate action to address any documented instances of non-compliance with the existing CUP conditions. Ensuring that current permit requirements are met before any expansion is considered as a reasonable and necessary step.
We believe it is possible for the association and the surrounding neighborhood to continue coexisting respectfully within the framework of the current permit. We ask only that the Council hold that line and ensure all parties are held to the same standards.
Thank you for your time and consideration.
Respectfully,
Amanda and Michael Baker
Los Gatos, CA 95032
ITEM NO. 8.
From: Kim Ratcliff < >
Sent: Friday, March 27, 2026 3:21 PM
To: Jocelyn Shoopman <[email protected]>; Planning <[email protected]>; Alexa Nolder <[email protected]>; Sblend Sblendorio < >; jimratcliff < >
Subject: Confirming you forwarded the PC our videos
Dear Jocelyn,
We are concerned that the two YouTube videos we submitted were not forwarded to the Planning Commission. During the meeting, the Commissioners asked us and our neighborhood speakers questions regarding violations and noise pollution that were specifically recorded and documented in our videos. One specific incident they asked me about was getting trapped in my driveway and that footage was included.
Additionally, did Allen Meyer provide the Planning Commission with the documented code violations we and our neighbors reported? The PC did not seem to have any idea that WVMA has been violating their CUP and Town ordinances for the past three years.
Could you please confirm if these materials were shared with the Commission? Here are the links to the videos for your reference.
Video 1:
https://youtu.be/3oWNgSmnVrA?si=2P6ZzoPt4mBbm0ja
Video 2:
https://youtu.be/u OZ1dLNKVo?si=aLPR4VUSLQH0j4R (Footage of driveway at end) Best regards,
Kim Ratcliff
ITEM NO. 8.
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ITEM NO. 8.
PREPARED BY: Jocelyn Shoopman
Senior Planner
Reviewed by: Planning Manager, Community Development Director, and Town Attorney 110 E. Main Street Los Gatos, CA 95030 ● 406-354-6832
www.losgatosca.gov
TOWN OF LOS GATOS
PLANNING COMMISSION
REPORT
MEETING DATE: 03/31/2026
ITEM NO: 1
DESK ITEM
DATE: March 31, 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 19 contains additional information from the applicant’s legal counsel.
Exhibit 20 contains supplemental information from the applicant’s noise consultant.
Exhibit 21 contains the applicant’s neighborhood outreach efforts since the March 25, 2026, Planning Commission meeting.
Exhibit 22 contains the applicant’s response to public comments provided at the March 25, 2026, Planning Commission meeting.
Exhibit 23 includes additional public comment received between 3:01 p.m., Monday, March 30, 2026, and 11:00 a.m., Tuesday, March 31, 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
ATTACHMENT 8
ITEM NO. 8.
PAGE 2 OF 2
SUBJECT: 16769 Farley Road/U-24-010
DATE: March 31, 2026
4. Conditional Use Permit U-20-001; March 11, 2020, Planning Commission Staff Report; and March 11, 2020, Planning Commission Minutes
5. Letter of Justification
6. Neighborhood Outreach
7. Noise Analysis
8. Site Map
9. Applicant's Response to Public Comments Regarding Noise
10. Additional Information from the Applicant
11. Public Comments Received by 11:00 a.m., Friday, March 20, 2026, with Attachment A, Videos Provided as Part of Public Comments
Previously Received with the March 23, 2026, Addendum Report:
12. Public Comments Received Between 3:01 p.m., Friday, March 20, 2026, and 3:00 p.m., Monday, March 23, 2026
Previously Received with the March 24, 2026, Addendum Report 2:
13. Public Comments Received Between 3:01 p.m., Monday, March 23, 2026, and 3:00 p.m., Tuesday, March 24, 2026
Previously Received with the March 25, 2026, Desk Item Report:
14. Supplemental Information from the Applicant
15. Letter from the Applicant’s Legal Counsel
16. Public Comments Received Between 3:01 p.m., Tuesday, March 24, 2026, and 11:00 a.m., Wednesday, March 25, 2026
Previously Received with the March 27, 2026, Staff Report:
17. Public Comments Received Between 11:01 a.m., Wednesday, March 25, 2026, and 3:00 p.m., Friday, March 27, 2026
Previously Received with the March 30, 2026, Addendum Report:
18. Public Comments Received Between 3:01 p.m., Friday, March 27, 2026, and 3:00 p.m., Monday, March 30, 2026
Received with this Desk Item Report:
19. Additional Information from the Applicant’s Legal Counsel
20. Supplemental Information from the Applicant’s Noise Consultant
21. Applicant’s Neighborhood Outreach
22. Applicant’s Response to Public Comments
23. Public Comments Received Between 3:01 p.m., Monday, March 30, 2026, and 11:00 a.m., Tuesday, March 31, 2026
ITEM NO. 8.
Matthew D. Visick
[email protected]
March 31, 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
1. Early Morning Prayers Are Allowed Under the Current Use Permit
2. RLUIPA Bars New Conditions on Current Use
3. The Potential to Work with the Town on Street Improvements
4. The Current Use Permit Does Not Limit Occupancy During Ramadan 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 administrative record related to this application is quite large, with written comments submitted up until the day before the March 25th hearing. At the hearing, the Commission received more than four hours of additional oral public comment. This letter responds to points made in those written and oral comments.
Early Morning Prayers Are Allowed Under the Current Use Permit Several comments suggested WVMA is prohibited from observing prayers its facility prior to 8 a.m.i This is incorrect.
The use permit does not limit early morning services at WVMA’s facility. The existing use permit provides ten conditions on approval, only one of which relates to hours of operation.
It does not limit morning hours.
9. HOURS: Maximum hours of operation shall not extend past 10:00 p.m. except for 30 days during religious service for the month of Ramadan which hours of operation shall not extend past 11:00 p.m.
EXHIBIT 19 Page 1169
ITEM NO. 8.
Planning Commission
Town of Los Gatos
March 31, 2026
The only limitation on WVMA’s services during morning hours is the requirement to comply with the Town’s noise ordinance.ii The applicant’s noise study demonstrates that WVMA is meeting this standard.
RLUIPA Bars New Conditions on Current Use
As noted in our letter of March 24, the Commission’s discretion is significantly limited by the Religious Land Use and Institutionalized Persons Act (“RLUIPA”), which applies strict scrutinyiii to land use decisions that substantially burden the exercise of religion. As explained in the recent appellate decision in Harbor Missionary Church Corp. v City of San Buenaventura which overturned the denial of a conditional use permit for a soup kitchen in a residential area:
iv
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’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).
In public comments, several neighbors appeared to argue that WVMA’s rights under its current use permit should be curtailed. RLUIPA prevents the Town from doing so.
Any condition that limits the congregation’s existing right to practice their faith would necessarily be a substantial burden under RLUIPA. It is difficult to imagine how the Town could argue that it has a compelling governmental interest in curtailing an existing use that (1) the Town found was appropriate in this location and at this intensity in 1990, especially given that (2) a professional noise study shows it does not violate the Town’s adopted noise policy.
The Potential to Work with the Town on Street Improvements During the March 25 hearing, there was some discussion of the potential for infrastructure improvements (e.g., sidewalks, streetlights, crosswalks, etc.) to provide greater safety for pedestrians in the neighborhood. There was also some discussion of the potential for a permit parking program.
While the WVMA does not have financial resources adequate to fund these improvements, it would be pleased to engage with the neighbors and the Town on them and support implementation of these improvements.
ITEM NO. 8.
Planning Commission
Town of Los Gatos
March 31, 2026
The Current Use Permit Does Not Limit Occupancy During Ramadan During the March 25 hearing, there were comments suggesting that the current use permit limits attendance between 10pm and 11pm during Ramadan to 25 people. This is incorrect.
California courts generally interpret written instruments based on their plain meaning. (See Lungren v. Deukmejian (1988) 45 Cal.3d 727, 735; Harvey v. The Landing Homeowners Assoc. (2008) 162 Cal.App.4th 809, 817-18.). When the language is clear and unambiguous, there is no need to look beyond the language of the instrument itself. (Id.) Here, the use permit does not limit attendance at WVMA’s facility, during Ramadan or otherwise.
Very truly yours,
REUBEN, JUNIUS & ROSE, LLP
Matthew D. Visick
i Agenda Packet, pp. 473, 495; Oral comments of Jim Ratcliffe, Cortney Bui, and Beth Grimes. ii A lawyer hired by neighbors agrees. (See Agenda Packet, p. 473 (“Morning hours are not contemplated in the existing CUP, therefore the Town Code’s 8:00 a.m. curfew controls.”) iii Guru Nanak Sikh Society of Yuba City v. County of Sutter (2006) 456 F.3d 978, 993 (strict scrutiny). iv 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.
ITEM NO. 8.
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ITEM NO. 8.
MEMORANDUM
DATE: 31 March 2026
NAME: COMPANY: EMAIL:
Matthew Visick Reuben, Junius & Rose, LLP [email protected] FROM: Ben Piper
SUBJECT: West Valley Muslim Association
Planning Commission Meeting Follow-up
PROJECT: 25-0042
As a follow-up to the Los Gatos planning commission meeting on 25 March 2026 regarding the West Valley Muslim Association (WVMA) conditional use permit (CUP), we have the following input for acoustics.
● The maximum noise level of car passbys is not expected to increase and is independent of the number of vehicles or time of day. The vehicle noise limit standards of the Town Noise Ordinance (Section 16.20.055) include a maximum noise level limit of 95 dBA for non-commercial vehicles. We expect WVMA traffic to meet this standard regardless of how many cars there are and at what time they are entering/exiting the facility.
● The average noise level of car passbys is not expected to increase because the WVMA CUP modification request does not include additional occupancy or events (e.g., more prayer services).
The Town Noise Element of the General Plan (Chapter 8.11) provides average noise level goals in terms of Ldn1. The Ldn is not expected to increase because the overall traffic numbers are not expected to increase – including the number of vehicles that are entering/exiting within the “penalized” 10 pm to 7 am window.
* * *
This concludes our current input. Please let us know if you have any questions. 1 Ldn (Day-Night Average Sound Level) – A descriptor for a 24-hour A-weighted average noise level. DNL accounts for the increased acoustical sensitivity of people to noise during the nighttime hours. DNL penalizes sound levels by 10 dB during the hours from 10 PM to 7 AM. For practical purposes, the DNL and CNEL are usually interchangeable. Ldn is sometimes written as DNL.
EXHIBIT 20 Page 1173
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WVMA – Neighborhood Meeting – March 29, 2026 Page | 1 of 2 WVMA – Neighborhood Meeting – March 29, 2026
Following the March 25 Planning Commission hearing, we reached out the next day to several neighbors individually who had spoken at the meeting and invited them to sit down with us. The neighbors wanted to meet as a group, and the conversation took place on Sunday, March 29 at 6 PM, with five of our neighbors – Kim and Jim Ratcliff, Mark Leonard, , and Ali Reza.
To reflect the importance we place on this relationship, WVMA was represented by a broad group: Razi Mohiuddin, President Osman Ghafoor, Executive Director Lubna Shaikh, board members Elijah Reynolds, Anas Syed, Waqar Chadhry, Abde Shadab Faruqui, and two prominent community members.
The agenda for the meeting as proposed to the neighbors when requesting the meeting was:
As for an agenda, we want to understand what matters most to each of you so we can find ways to address impacts and identify practical mitigations that work for everyone.
We want to be upfront so our time together is productive: our prayer times follow sunrise and sunset, and that is not something we control; and the facility’s capacity and use were contemplated when this property was originally approved as a place of worship. Those aren’t areas where we have flexibility – but we believe there are meaningful steps we can take around traffic management, parking, lighting, landscaping, and other operational practices to be good neighbors. And we would also like to discuss how we can jointly explore and propose potential solutions to the Town infrastructure such as sidewalks, lighting, crosswalks, etc.
A summary of our discussion at the meeting, which we shared with the neighbors, is below:
Dear Kim, Jim, Mark, , and Ali Reza,
Thank you for meeting with us on Sunday evening. We genuinely appreciate the time you took to share your concerns and ideas – and the collaborative spirit that emerged as the conversation progressed.
We understand you emphasized that nothing was to be formally agreed upon at the meeting, and we want to honor that. This letter is not a statement of binding commitments – it is a summary of our discussion and the possible solutions that emerged, offered in the spirit of transparency and continued dialogue.
Below is our understanding of the mitigations we discussed together, organized by topic.
Traffic & Parking
Exit driveway signage. You raised the idea of removing the "Right Turn Only" sign at our exit driveway, which would allow departing vehicles to turn in either direction and disperse more quickly. We agree this makes sense and will recommend to the Planning Commission that the following sentence be added to Condition 17 (Driveway Operations): "The permittee is authorized to remove the existing 'Right Turn Only' signage at the exit driveway." Street parking protection. Ali Reza suggested that neighbors might appreciate traffic cones to reserve parking spaces in front of their homes during Fridays and Ramadan evenings. We are happy to provide two to three cones to Ali Reza and any neighbor who requests them.
Designated parking lane on Farley Road. Rich proposed that the Town paint a line to formalize a parking lane on Farley Road. We will support this request if neighbors wish to pursue it with the Town.
Facility Use
Events limited to WVMA-related activities. You asked for assurance that the facility will not be rented out for unrelated commercial events. We confirmed that all events – including community activities such as SAT preparation workshops, blood drives, and backpack drives – fall within the religious, educational, and charitable mission of our EXHIBIT 21
ITEM NO. 8.
WVMA – Neighborhood Meeting – March 29, 2026 Page | 2 of 2 institution. The draft conditions of approval already reflect this, stating that the facility "may be rented to community members or by organizations providing educational, charitable, religious or other services for the benefit of the institution's members." Open rental to outside, unrelated parties is not contemplated.
Communication
Contact information. You suggested having a reliable way to reach WVMA leadership if concerns arise. We will provide contact information for multiple board members and staff, and will explore setting up a single phone number that routes to all of them. This information will be posted on our website as well.
Regular meetings. You proposed that we establish a standing schedule for neighbor-WVMA check-ins. We welcome this idea and will work with you to set a cadence that makes sense – perhaps quarterly or after significant observance periods.
Community celebrations. As we are part of this neighborhood, we would be delighted if you can join us for celebrations and community dinners so we also feel welcome in this neighborhood. We appreciated your interest and look forward to having you join future gatherings and any programs you would like to attend.
Hours of Operation
Pre-sunrise prayers. Our earliest congregational service begins at 5:00 AM in summer months when days are long; our latest pre-sunrise service begins at 6:30 AM in winter months. The draft conditions permit operations beginning
1.5 hours before sunrise, which accommodates this range.
Ramadan nightly prayers. For about the next fifteen years, Ramadan will fall during winter months when sunset occurs before 7:30 PM. Under those conditions, we expect services will conclude around 11:00 PM, and attendees will depart shortly thereafter. We also noted that when we recite the complete nightly chapter of the Quran – rather than a portion of it – departures tend to be more gradual, as many attendees leave before the conclusion, rather than everyone leaving around the same short amount of time. The 11:30 PM departure in the draft conditions is to ensure that we manage this in a safe and orderly fashion.
Light Mitigation
Vehicle and parking-lot lights. Rich raised concerns about headlights and parking-lot lighting affecting neighboring homes. We commit to working with affected neighbors to evaluate additional plantings, improved fencing, or other measures that reduce light spillover. We will ensure that parking-lot lighting be full-cutoff, downward-directed, and dimmed to security levels during Quiet Hours, and that shrubs be planted along fence lines.
With the exception of the exit driveway signage, each of these items is already addressed in the draft conditions of approval. What we accomplished on Sunday was a better understanding of the practical details of implementation – the neighborly specifics that go beyond what any permit can require.
We believe these steps reflect the constructive spirit of Sunday's conversation. Please let us know if we have captured anything incorrectly or if there are additional points you would like to discuss.
In the spirit of the collaborative relationship we are building, we plan to share this summary with Town staff on Tuesday so they can see the progress we're making together. We encourage you to do the same – having neighbors and WVMA present a consistent picture of our discussions can only help the process.
Thanks,
Razi
ITEM NO. 8.
WVMA – Responses to Public Hearing Comments Page | 1 of 5 WVMA – Responses to Public Hearing Comments
March 30, 2026
This document addresses the concerns raised by neighbors and answers some questions asked by commissioners at the March 25, 2026 Planning Commission Hearing; and the actions WVMA has taken, and how the proposed conditions of approval address each issue.
1. Noise
What We Heard
Neighbors expressed concerns about gate track noise, conversations in the parking lot, vehicle sounds (doors closing, engines starting), and sound escaping from the building during services.
What We Did
• Removed our $50,000 commercial gate track to eliminate metal-on-metal noise, exposing our facility to vandalism, and hate crimes.
• Replaced chain-link fences with good-neighbor wood fences and lattice extensions – in one case paying the full $4,300 cost for a neighbor
• Planted 10 trees to provide natural sound barriers
• Posted "Quiet Zone" signs throughout the parking lot
• Stationed volunteers with reminder signs at exit driveways during Ramadan • Redirected indoor speakers away from walls facing neighbors • Ensured all services remain indoors with no outdoor amplification • Submitted a professional noise study showing WVMA activities was within 1–3 dB of ambient levels. Also rebutted the noise study submitted by a neighbor as not being applicable.
How Conditions Address This
• Condition #12 (Windows and Doors): Windows and doors on west elevation remain closed during services • Condition #13 (Noise Mitigation & Quiet Hours): Comprehensive requirements including no amplified outdoor sound, Quiet Hours 10 PM–8 AM, parking lot operations restricted, windows/doors closed, lighting dimmed, and "Quiet Hours" signage posted
• Condition #14 (Lot Closure Rule): Parking lot vacated within 30 minutes when facility closes • Condition #19 (Electric Gate): Any future gate modification must include sound-reducing approaches and technologies
2. Traffic and Speeding
What We Heard
Neighbors expressed concerns about speeding on Flintridge Drive and Chirco Court, child safety during school dropoff times, and congestion during Friday prayers and Ramadan.
What We Did
• Hired professional traffic safety guards during Ramadan 2025 and 2026 • Implemented dual-driveway exit during high-traffic events to reduce queuing • Coordinated with Los Gatos-Monte Serrano Police for increased patrols and electronic speed sign placement on Farley Road during Ramadan 2025, and on Los Gatos Blvd in Ramadan 2026 • Support the Town installing speed humps on neighborhood streets • Public Records feedback from the Santa Clara County Fire and Los Gatos-Monte Sereno Police did not indicate any traffic accidents or events due to WVMA services
ITEM NO. 8.
WVMA – Responses to Public Hearing Comments Page | 2 of 5 How Conditions Address This
• Condition #16 (Parking Lot Monitoring): Traffic management measures during high-attendance events including parking attendants and directional signage
• Condition #17 (Driveway Operations): Both driveways used for exiting with traffic attendants during highvolume events Context
Officer Ben was stationed outside the facility on March 26, 2025 and observed no speeding, and indicated it was “eerily quiet”. Speeding in the neighborhood is an infrastructure issue best addressed by Town traffic engineering, not CUP conditions on a single property.
3. Parking
What We Heard
Neighbors raised concerns about overflow parking on neighborhood streets, and blocked driveways.
What We Did
• Actively encourage carpooling through announcements and communications • Deploy parking monitors at high-attendance events
• Submitted parking study showing capacity can increase from 180 to 203 spaces via restriping. A 1990 plan showed up to 207 spaces.
• In Ramadan 2026, we used Affordable Treasures parking lot and had a • Hold Eid prayers offsite at Valco parking garage or West Valley College for past several years How Conditions Address This
• Condition #15 (Monthly Communication): Outreach encouraging carpooling and use of on-site spaces • Condition #16 (Parking Lot Monitoring): Monitor ensures on-site spaces used before off-site parking; maintain emergency vehicle access
• Condition #18 (Event Parking Overflow Plan): Required overflow plan when on-site parking is insufficient Context
The 1990 approval established 682 seats with 186 parking spaces – a 4:1 ratio matching Town code. WVMA paid over $11 million for this facility specifically because of its established capacity. Parking was a settled matter 36 years ago.
4. Light Disturbance
What We Heard
Neighbors raised concerns about parking lot lights shining into bedrooms, vehicle headlights disturbing sleep, and overall brightness levels.
What We Did
• Redirected and dimmed parking lot lights
• Installed individual light controls
• Added motion-detecting solar lights for security
• Installed good-neighbor fences with lattice extensions • Planted 10 trees to provide screening
• Temporarily redirected traffic patterns to minimize headlight disturbance
ITEM NO. 8.
WVMA – Responses to Public Hearing Comments Page | 3 of 5 How Conditions Address This
• Condition #13(c) (Lighting during Quiet Hours): All site and parking lot lighting shall be full-cutoff, downwarddirected, and dimmed to security levels • Condition #20 (Landscape Plantings): Sufficient shrubs to obscure vehicle headlights along fence lines abutting Chirco Drive, Corcel Court, and 16793 Farley Road
5. Communication
What We Heard
Neighbors wanted direct contact information, advance notice of events, and ongoing dialogue with WVMA leadership.
What We Did
• Provided phone, email, and text contact information for board members to neighbors • Conducted door-to-door outreach to approximately 65 neighbors • Performed mid-Ramadan check-ins
• Host annual open houses for neighbors
• Held Community Café event
How Conditions Address This
• Condition #15 (Monthly Communication): Continuing monthly outreach to members • Condition #21 (Activity Calendar and Community Interface): Publicly accessible website with services, programs, monthly calendar, and contact information
• Condition #24 (High Attendance Guidelines): 30-day advance written reminders for recurring/seasonal highattendance periods
6. Intensity of Use and Zoning
What We Heard
Some neighbors questioned whether this facility belongs in a residential neighborhood and claimed the intensity of use has increased beyond what was originally approved.
The Facts
The Town of Los Gatos approved a 682-seat religious assembly facility with 186 parking spaces at this location in 1990 – 36 years ago. The building size and parking count have not changed. The only change is the religion being practiced: from Jehovah's Witness to Islam. The question before the Planning Commission is solely whether extending hours creates new impacts. The professional noise study demonstrates it does not.
7. Attendance Claims
Claims Made
Some neighbors have claimed WVMA has 1,000+ attendees during Ramadan and that the community has grown dramatically from "10 to 25 members" stated in 2020.
The Facts
WVMA has never had 1,000+ attendees during Ramadan. Most nights have 600 or fewer attendees; peak nights reached approximately 850 – well within the building's fire code capacity of 1,217. The "10 to 25 members" figure in the 2020 CUP application referred to the number of people remaining at the END of extended-hour services after natural attrition during the 2.5-hour Taraweeh prayer, not total attendance. During Ramadan 2026, public safety personnel were present on the busiest nights and raised no concerns about noise, traffic, or safety.
ITEM NO. 8.
WVMA – Responses to Public Hearing Comments Page | 4 of 5
8. Responses to Commissioner Questions
During the March 25, 2026 Planning Commission hearing, commissioners raised several questions. Most of the questions were answered during the meeting. We want to provide some additional details and context for the following:
Are there other mosques in residential zones?
Commissioner Burnett asked: "Of the eight total mosques in the area, are any of them in a residential zone like R-1:8?" Response: Yes, there are mosques in residential zones in the Bay Area. The Evergreen Islamic Center in San Jose's Evergreen area is in a residential zone. Masjid Al-Noor, part of the Muslim Community Association at 1755 Catherine Street, Santa Clara has operated in a residential zone since the mid-1980’s and remains in operation today with almost identical timings for pre-sunrise, nightly and Ramadan services.
Why wasn't the noise study conducted during Ramadan?
Commissioner Stump asked: "What was the thinking for not doing this noise study during Ramadan itself?" Response: WVMA was trying to provide the analysis for Town review before Ramadan 2025, hoping the CUP might be approved in advance.
What about growth from "10 to 25 members"?
Commissioner Stump asked: "You anticipated 10 to 25 members using the facility until 11:00 p.m. during Ramadan. Your high attendance was 850. What growth have you experienced?" Response: Our attendance has increased. At the same time, the "10 to 25 members" figure was misunderstood. This referred to the number of people remaining at the END of extended-hour services, not total attendance. Ramadan Taraweeh prayers last approximately 2.5 hours, and there is natural attrition throughout: half way through, about 60– 70% have departed; near the end, about 90% have left, leaving only 10% remaining. The 2020 application described who would remain after the extended hours period. The 682-seat capacity has always been the facility's permitted capacity since 1990. We exceeded this only on two nights during Ramadan 2026 (the 25th and 27th nights), reaching approximately 850 – still within the building's fire code capacity of 1,217.
How can there be "quiet hours" with vehicle activity?
Commissioner Burnett asked: "How can there be quiet hours if you're having 40 cars going out at 4:00 in the morning?" Response: First, our earliest service even during the longest days in summer months is at 5:00 a.m. in the morning, not 4:00 a.m., and in the winter months is typically around 6:30 a.m. Second, the Salter noise study confirmed that vehicle noise from WVMA operations is within 1–3 dB of ambient levels – a difference that is acoustically unnoticeable. Third, the Town's Noise Ordinance (Section 16.20.010) prohibits noise that is "unreasonably disturbing" or "not necessary in connection with an activity which is otherwise lawfully conducted." Vehicle traffic arriving at and departing from a lawfully operating religious facility, and congregants walking quietly to their cars, are inherently necessary to the lawful operation of a religious assembly.
What compromises have neighbors proposed?
Commissioner Stump asked: "What else have you suggested to the community?" (to neighbor Jim Ratcliffe) Response: The primary suggestions from neighbors have been parking-related: carpooling encouragement and potential permit parking on Farley Road. WVMA has implemented extensive carpooling encouragement through announcements, communications, and signage. We have also implemented traffic management measures, dualdriveway exit operations, and coordination with police. The conditions of approval include robust parking
ITEM NO. 8.
WVMA – Responses to Public Hearing Comments Page | 5 of 5 management requirements. Regarding permit parking on public streets, this would be a Town decision affecting all residents and visitors, not a CUP condition specific to WVMA.
Please also see the WVMA – Neighborhood Meeting on March 29, 2026 for additional details.
What is the Ramadan religious exemption mentioned?
Chair Burch asked: "You mentioned 20 prayers in a night and an exemption to do 10. How does that work?" Response: During Ramadan, Muslims traditionally recite the entire Quran over the 30 nights through Taraweeh prayers, typically consisting of 20 prayer units (rak'ahs) per night. The amount of Quran recited in each night is about one chapter of the 30 chapters. To shorten services and comply with current CUP end times, our religious scholars approved reducing to fewer prayer units for 2025 and 2026. This is a significant religious concession – the completion of the reading of the Quran during the month is an important goal for Muslims.
ITEM NO. 8.
This Page
Intentionally
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ITEM NO. 8.
From: Marie Thuillier
Sent: Tuesday, March 31, 2026 10:53 AM
To: Planning <[email protected]>
Subject: Public Comment Item #1 - Approve WVMA CUP extended hours Hello,
My name is Marie Thuillier and I am a 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 we all belong. 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,
Marie
EXHIBIT 23
ITEM NO. 8.
March 31, 2026
SUBJECT: Desk Item for inclusion in 3/31/26 Planning Commission Meeting @ 6PM Dear Town of Los Gatos Planning Commission and Staff,
I would like to request that the Town of Los Gatos Planning Commission consider revising the pending CUP Application for 16769 Farley Road, prior to any motion to vote, such that, the conditions and approach will provide both the Applicant and the Farley Road neighborhood a balanced solution for coexisting in harmony and with mutual respect. This is about the compatibility of operating hours, and we are simply asking for the Commission and Staff’s attention to actively work towards a mutually beneficial resolution.
To date, the question before you is not just whether some mitigation exists—but whether the proposal, as a whole, is compatible with its surroundings and consistent with the Town’s long-term planning framework. I am writing to you for the record, to ensure all members of the Planning Commission and Town Council are aware that existing impacts are already significant and unresolved, as it relates to the existing 2020 CUP Modification at 16769 Farley Road.
Last week at the Planning Commission session, a limited number of residents living in Los Gatos and the Farley Road neighborhood, gave public comment to describe ongoing early morning and late-night activity, persistent traffic congestion, parking overflow, and the inability to use their own homes and outdoor spaces as intended and overwhelming mention of safety concerns (speed, pedestrians, children playing, congestion, light and noise pollution) that all have been causing mental and physical health to deteriorate and worsen. These are not occasional inconveniences—they are recurring, material impacts to residential quality of life. It was a shock to hear one of the Planning Commission representatives ask the residents if any violations had been reported. Respectfully, it would behoove the staff to provide a report containing the list of violations as an exhibit or attachment with their report recommendation. This was one of the misses we felt was an example that the Town of Los Gatos is not supporting or working for the residents.
The situation is compounded by the Applicant’s continual refusal to compromise. They have not demonstrated a willingness to reach a balanced consensus, and continue to violate their current CUP. Based on their communications, they are focused on expediting approval rather than resolving incompatibilities. In advance of meetings, the Farley Neighborhood residents have asked what recommendation they are willing to implement, can they share a general plan, versus picking off each neighbor’s property and working in silos versus as a collaborative neighborhood plan. They never provided a general plan, or conceptual list of ideas for their facility that would address residential neighbors’ concerns, nor did they come to meetings or communicate in a truly transparent manner. While the applicant characterizes their meetings as “productive,”and neighborhood outreach as positive, the record shows no meaningful, binding solutions were reached and that neighborhood outreach was not consistent, not representative of all impacted neighbors, and inaccurately reported feedback, in some instances.
The consistent tone of their response has been, there is no flexibility on their end, (which we know for a fact there is flexibility, as demonstrated during the nights of 2026 Ramadan, the facility shortened the hours to work towards compliance of the 11 PM curfew). With this continual refusal to compromise, WVMA has not demonstrated a willingness to reach a balanced consensus, and yet continue to violate their current CUP.
To illustrate that we continue to explore and identify new solutions through further educating ourselves, we found some possible areas that will foster a more balanced environment to restore and preserve our residential neighborhood. We respectfully ask the Town of Los Gatos Planning Commission to incorporate the ideas below, PRIOR to voting on the pending Application, and ensure that the CUP includes a balanced approach
ITEM NO. 8.
that is aligned with the Town’s General Plan, Ordinances in order to restore and protect the neighbors homes and well-being.
Guiding principles based on our learnings, for the Planning Commission and Staff’s consideration to revise the pending application prior to a vote, or if there is a follow on appeal:
● At its core, Islamic prayer is about intention, reflection, and connection with God—not a specific building or location.
● The Islamic faith is deeply rooted in devotion, discipline, and community. But it is also a religion that explicitly provides flexibility—especially when it comes to where prayer occurs. ● Islamic practice prioritizes sincerity and devotion over physical location We would like to request that the Town of Los Gatos Planning Commission consider advocating a recommendation for a balanced approach that will provide the Applicant and the Farley Road neighborhood to coexist in harmony.
Respectfully,
Anonymous
Farley Road Neighborhood
ITEM NO. 8.
From: Linda S
Sent: Tuesday, March 31, 2026 10:25 AM
To: Planning <[email protected]>; Jocelyn Shoopman <[email protected]> Subject: Public Comment Item #1
Honorable Planning Commissioners,
This is a follow-up to written and verbal comments that I previously submitted.
Thank you for your volunteer service and for considering my written comments on the West Valley Muslim Association CUP modification. I live down the street from another religious organization and care a lot about keeping our quiet residential neighborhoods peaceful.
The staff report and draft resolution seem to be missing some of the important findings the General Plan requires. This decision also matters to all Los Gatos residents. If this organization gets approval for these expanded hours, the Town could face requests from other religious groups under RLUIPA for the same treatment in residential zones. I don’t want that kind of change happening in my own neighborhood or elsewhere in town.
Regarding RLUIPA, the Act states that “No government shall impose or implement a land use regulation in a manner that treats a religious assembly or institution on less than equal terms with a nonreligious assembly or institution.” In this case, the applicant is asking to be allowed to operate on a regular basis during curfew hours — something that would not be permitted for any other assembly or institution in Los Gatos. The applicant's request for different treatment appears to be the opposite of what RLUIPA requires.
Some people are saying the Town has to approve this to uphold diverse values. I respectfully disagree. No one is asking for the WVMA to leave the neighborhood. Residents simply want operations that are compatible with the quiet residential character around them. What about “diversity" requires imposing regular late-night and pre-dawn vehicle activity on a peaceful neighborhood? What about the rights and quality of life of the diverse residents who already live here and chose this quiet R-1 area for its peace and tranquility? The 2020 Land Use Element (still in force for land use) and the 2040 Noise Element set clear expectations for protecting residential character, quality of life, peace and tranquility, and sleeping conditions. The staff report and resolution mention some policies but mostly say “conditions of approval will be included” instead of doing the actual analysis and findings needed. They also rely on a basic noise study that only looks at the standard Noise Ordinance, not the stronger protections in the 2040 plan.
One thing that really concerns me is that the applicant already has a CUP that was modified when they first started operating at this location. They knew then about their desire to hold services late at night and well before dawn during certain times of year. Restrictions codified in Los Gatos ordinance and the General Plan were in force at that time. Not much changed
ITEM NO. 8.
(maybe nothing?) in the noise ordinance and the Land Use Element is the same as it was back then. Why wasn’t this requested as part of the original or earlier modification? It feels like these requests for significant changes to quiet overnight hours are being added after the fact.
The proposed hours — starting 1.5 hours before sunrise (sometimes as early as around 4 a.m.) and going until 11:30 p.m. or midnight during Ramadan for 30 days a year — would bring regular vehicle activity into traditional quiet overnight and early-morning times in our R-1:8 residential zone.
The applicant has said that noise during curfew hours is allowed if it relates to lawful activities. I believe this misinterprets the Town’s Noise Ordinance. The curfew rules in Municipal Code §
16.20.010 are separate from the decibel limits and vehicle noise restrictions in other sections.
Even if the noise stays below measurable limits, the curfew still prohibits disturbances within 100 feet of sleeping places or noises that are unreasonably disturbing because of the time, duration, or nature. The expanded hours would regularly trigger these protections.
Here’s a comparison of the key requirements:
General Plan Requirement /
Ordinance
Staff Report / Draft
Resolution / Conditions
Language
Why This Appears to Be a
Missing Significant Finding
2020 LU Goal LU-6: “To preserve and
enhance the existing character and
sense of place in residential
neighborhoods.”
Policy LU-6.2: Allow non-residential
activity “only when the character and
quality of the neighborhood can be
maintained.”
Policy LU-6.4: Prohibit uses that may
lead to the deterioration of
residential neighborhoods, or
“adversely impact … the residential
character of a residential
neighborhood.”
Draft resolution: “The
proposed use would not
impair the integrity and
character of the
residential zone in that
conditions of approval …
will be included.”
This reads more like a
promise of future
conditions than the actual
analysis or findings on
whether the new presunrise and late-night
hours maintain
neighborhood character
and quality.
2020 LU Action LU-6.1 & LU-6.2:
Standards for traffic, noise, intensity;
review CUPs for adverse impacts or
nuisances.
Staff report cites the
action but provides little
detailed review of
intensity or cumulative
impacts.
No real evaluation of the
added intensity from
regular vehicle activity
starting ~4 a.m. or during
extended Ramadan hours.
2040 Noise Element: Protects “peace
and tranquility” and noise-sensitive
uses like residences and sleeping
Basic noise study only
checks the standard
Noise Ordinance;
The study and conditions
do not fully meet the
stronger 2040
ITEM NO. 8.
areas. Requires full acoustical analysis
and additional restrictions/buffers
beyond the basic ordinance.
conditions include closed
windows/doors and
dimmed lighting.
requirements for nonresidential uses next to
homes.
Municipal Code § 16.20.010 – Curfew
Noise Disturbance: Prohibits noise
disturbances between 10:00 p.m. and
8:00 a.m. within 100 feet of sleeping
places or noises that are
“unreasonably disturbing … or so
harsh or prolonged or unnatural or
unusual in their use, time or place.”
Conditions rely on
general compliance with
the ordinance and a
vacate-by-11 p.m. rule.
The proposed hours would
regularly create vehicle
noise and activity during
the protected curfew
window. The curfew rules
apply independently of
decibel limits.
These gaps mean the required findings on residential character, quality of life, peace and tranquility, and protection of sleeping conditions aren’t fully supported.
I respectfully ask that you deny the modification or continue the item so staff can complete a proper compatibility study, a full acoustical analysis under the 2040 Noise Element, and the explicit findings the General Plan and code require.
Thank you again for your time and service to our community.
Sincerely,
Linda Swenberg, resident
ITEM NO. 8.
From: Gus Who
Sent: Tuesday, March 31, 2026 9:16 AM
To: Planning <[email protected]>
Cc: Clerk <[email protected]>
Subject: 3/31/26 - Public Comment Item # 1
To Whom It May Concern,
Due to information coming forward, and being called 1st as G. Brown, to speak after the presentation by applicant, (even though I did not turn in a speaker card on this subject matter, but on Agenda Item # 1 was about “Minutes” ) I put in my 2¢ at that time, after, I just spoke as Captain Seuss … “March Madness” @ Verbal.
That said, I watched the video feed, and counted 70 speakers all together in the 5 hour timeframe of this subject matter.
Majority were in favor of WVMA, but at least a dozen against.
I do not believe the town people are or has been properly notified of these meetings, even though the high volume of people seeking to be heard, as mentioned, “10 day rule”
Information has come out within the last 24 hours that shows concern to both sides arguments, and though the planning commission is a volunteer committee I believe, it has a duty and legal responsibility to act appropriate.
*[Note: I spoke on North 40, as the 1st speaker, and the last speaker (69) spoke on North 40… citing traffic]
So at this time, I recommend a limited time of 1 year extension permit be presented to Council as neither side or local government are acting in good faith measures … in my opinion. enough said.
Respectfully Submitted
Gus Who
All Rights Reserved
©®��
(.local Gov. - Please add my pirate flag)
Meant for 3/31/26 meeting only!
ITEM NO. 8.
From: Lynn Dowling Bruno
Sent: Tuesday, March 31, 2026 7:57 AM
To: Jocelyn Shoopman <[email protected]>; Planning <[email protected]> Subject: CUP application for WVMA
Dear Ms. Shoopman, Planners and Commissioners,
I watched the entire March 24 session on the above-referenced matter with great interest, read through all the supplemental materials in the packet and did a drive through of the neighborhood.
On the face of it, this should be a straightforward zoning matter. It seems abundantly clear that pre-dawn and post-midnight operations are incompatible with R-1 zoning. But, it is complicated by RLUIPA and made fraught by the disgusting rise of anti-muslim sentiment promoted and supported by the current Federal government.
WVMA is clearly a wonderful spiritual community and an asset to the Town. Listening to all the glowing testimony presented, it wouldn’t surprise me if even more congregants flocked to WVMA following this publicity. We need more places where people can find this kind of support and connection.
But the merits of WVMA are not the matter at hand.
The stress, frustration, and pain of their neighbors is palpable, and this is after WVMA has, by their own account and to their great credit, taken extraordinary measures to mitigate the impact that their congregation is having, particularly during Ramadan when it is unrelenting.
What happens if the congregation continues to grow?
There is simply no way to keep 230-plus cars and hundreds of people as quiet as they need to be in a sleeping neighborhood, and no amount of admonitions to the congregants can change that. This has already been tried. There’s always going to be someone who makes noise, even if it is inadvertently.
The Town has already made one compromise by allowing the mosque to operate until 11 pm, and I read in the packet that the executive spiritual leaders in the mosque have already given their dispensation for the congregation to observe modified hours in deference to their location in a residential neighborhood. The mosque is not happy with that compromise, and neither are their neighbors, but isn’t that the definition of a good compromise? I also read that they could use the Saratoga Prospect Center for their Ramadan observances.
That compromise should also be explored. It could offer relief for the residents and allow the congregation to celebrate Ramadan more freely and joyfully, without having to continually remind everyone to keep it down for the neighbors. It would also allow them room to grow.
ITEM NO. 8.
In any event, it seems the Town should study this more closely before considering such a precedent-setting CUP. Traffic counts should be conducted, as well as a noise study during Ramadan. Parking permits should be explored, street safety should be studied and shuttle service should be explored further. I heard that this last would be inconvenient for congregants.
However, the convenience of some parties to attend their beloved sanctuary to celebrate should not come at the cost of others’ ability to enjoy their beloved sanctuary daily.
Sincerely,
Lynn Bruno
Los Gatos Resident
--
Lynn Bruno
ITEM NO. 8.
From: Eunice Kim
Sent: Monday, March 30, 2026 9:23 PM
To: Jocelyn Shoopman <[email protected]>; Alexa Nolder <[email protected]>; Planning <[email protected]> Cc: [email protected] <[email protected]> Subject: CUP: 16769 Farley Rd (WVMA)
Dear Los Gatos Planning Commission,
I live on Farley Road, about 1.5 blocks from WVMA. As I have told WVMA constituents who have come to my door, we have been very happy to have them in the neighborhood. They have shown us kindness and communicated with us about upcoming events. Given our location, we feel we are insignificantly impacted by gatherings at WVMA.
I reviewed the 3/25/26 Planning Commission meeting online and was amazed by the outpouring of support for WVMA, not only by its constituents, but other community and religious organizations. This is truly the meaning of community - stepping up to support your neighbor, even when the issue does not directly impact you.
So I am writing this letter to support the neighbors who live closest to WVMA and therefore are most impacted by the potential extension of operating hours. When I listened to their current experience of light and noise pollution with current hours, I was shocked. I did not, until that moment, imagine what it must be like to live with noise and lights during expected quiet hours.
Please imagine you are trying to fall asleep and then you hear random beeps and see flickers of light. And keep in mind, some of us are more sensitive than others and will hear things that don't trigger the decibel limit.
If we each stepped into the shoes of the residents who live closest to WVMA, we would understand why they do not support extending operating hours. The residents want to be able to sleep and rest in their homes during the hours that we all expect. More than ever, medical literature shows that restorative sleep is essential to one's health, well-being and longevity.
Please listen to their requests and allow them to get the peace and rest we all deserve in our own homes.
Sincerely,
Eunice Kim
ITEM NO. 8.
From: Chris Wiley
Sent: Monday, March 30, 2026 4:15 PM
To: Planning <[email protected]>; Council <[email protected]>; Town Manager <[email protected]>
Cc: Matthew Hudes <[email protected]>; Gabrielle Whelan <[email protected]>; Maria Ristow <[email protected]>; Mary Badame <[email protected]>; Rob Rennie <[email protected]>; Rob Moore <[email protected]>
Subject: Input for Planning Commission Meeting for 31 March 2026; Request for extended hours at West Valley Muslim Association facility
To: The Planning Commission
Subject: Consider a Request for Approval to Modify an Existing Conditional Use Permit for Expanded Hours of Operation (0430 to 0130) (in an Institution for Religious Observance WVMA (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.
It was very clear that the meeting of March 25, 2026, had been scripted and rehearsed, and the selected individuals impressive to represent WVMA. We all learned a lot about their religious practice, and WVMA’s community sounds wonderful. They definitely shown that they are an asset to the Town, but at a certain point I began to feel that taking up so much time presenting testimony after testimony about how wonderful their community is was bordering on abusive of the process all forgot they are asking only for extended hours.
I reviewed Town of Los Gatos Planning Commission Report, along with seeing/listening the meeting of March 25th (including the presentation by The Town of Los Gatos Legal Counsel) and found that the actual times WVMA is requesting are not clear and obvious. Why was it not clearly put from 4:30a.m. to 1:30a.m.? After reading and listening to all the aforementioned information and getting out my calculator, the requested times were some what NOT obvious. Why was this not transparent from the beginning?
Was it made clear that this request was for a business located in a residential neighborhood? Other than hospitals, there is no other organization open for business with the requested long hours with such vehicle/foot traffic such as the WVMA’s in the Town of Los Gatos in a residential neighborhood.
There is much more homework to be done before any decision should be made by the Planning Commission. I suggest this request by WVMA be put on the shelf for review for this specific request to go out of normal business operational times for a business’ of 8:00a.m. to 8:00p.m. Some Items that need to be readdressed are:
a. Is the size of the subject infrastructure right for the WVMA’s use?
ITEM NO. 8.
b. Because of the massive overflow of parking on the residential streets, what are the safety issues?
c. Suggest to help out the residents in the area by considering permit parking for the residents of Farley Avenue, Chirco Drive, Corcel Court, Corinne Drive, Benedict Lane. d. Must be further reviewed by the Park and Public Works Department. e. With such large attendance over Ramadan what effect is there on the water/sewer infrastructure. If there is an emergency.
f. Other inputs should come from Police Services, Code Compliance, Emergency Preparedness, etc.
In closing, please take the WVMA request off the table for now. Then, after all research has been accomplished and collated/summarized forward the WVMA request back to the Planning Commission for consideration.
Chris Wiley
Los Gatos Resident
ITEM NO. 8.
From: Kim Ratcliff
Sent: Monday, March 30, 2026 3:59 PM
To: Jocelyn Shoopman <[email protected]>; Planning <[email protected]> Cc: jimratcliff ; Sblend Sblendorio
Subject: CUP Timeline for Planning Commission Addendum Materials Dear Jocelyn,
Please include this Timeline in the PC Addendum Materials.
Thanks,
Kim and Jim
ITEM NO. 8.
In cover letter for this timeline: although neither the Town nor the neighbors of WVMA created the challenges of finding a site allowing greater use, the residents of the neighborhood have unfairly shouldered the burden of WVMA’s violations for far too long, despite numerous attempts to get the Town to intervene.
DATE EVENT DETAIL
Jan 10, 1990 Initial Approval to
Jehovah Witness
Daily hours were limited to 10PM. Morning hours of operation not specified.
July 23, 2018 WVMA Purchased
facility
Purchased with understanding of disclosure and conditions.
Mar 11, 2020 First Modification
requested by WVMA
Ramadan hours approved to extend from 10PM to 11PM. No
neighbors recall receiving a post card notification about the Planning Commission meeting from the Town. (During Covid.)
March 2020 Planning Commission
Meeting
CUP modification approved unanimously after a 22-minute hearing. No further studies conducted, no neighborhood outreach. Meeting minutes stated the modification approval was contingent upon 10-25 members (staff) leaving the facility after 10 pm and a total of 5-10 cars; Language/specifics were not included in CUP; WVMA left to the honor system. Could also add: The staff report for the CUP note that the anticipated use until 11:00 p.m. during Ramadan is limited to 10-25 members (5-10 cars), with no increase to traffic impacts or required parking.
April 2024 Ramadan 2024 Neighbors approached Los Gatos Code Enforcement Officer and Community Development Direct with concerns a marked increase in attendance, code/curfew violations, intensification of activities, chaotic, unsafe traffic, and public safety concerns, including one instance when Los Gatos Police vehicles were unable to get through because both sides of the street were fully parked and the travel lanes were at a standstill Videos of unsafe conditions shared with Town.
ITEM NO. 8.
April 2024 Zoom meeting with
Town Staff
Neighbors, including approximately 15 households spanning four surrounding streets, submitted various complaints to the Town about WVMA’s flagrant violation of the terms of the existing CUP.
Ratcliffs and Bundlies Zoomed with Allen Meyer and Joel Paulson.
The Town staff agreed that the neighbors’ concerns seemed valid.
Neighbors cited a skimpy 30-year-old CUP lacking any parameters similar to other religious institutions in town. Begged Town to help rein in WVMA and institute guardrails to protect neighbors.
June 2024 In person meeting
with Town Staff
including Town
Attorney
Neighbors (Ratcliffs and Hongzhi Zhao) met with Town Staff, including attorney Gabrielle Whelan. Mr Zhao presents a powerpoint presentation for Town Staff highlighting public safety, noise, traffic and overflow parking concerns. The town stated they would help neighbors.
July 5, 2024 Gabrielle Whelan letter
to WVMA
The Town notified WVMA of violations of their CUP as well as violation of Town Code. Since that time, WVMA has failed to conform its use to the CUP and Town Code, and instead continues to operate from predawn to past 11:00 p.m. regularly.
Letter stated Town Code Section 29.20.200: “A use authorized by conditional use permit shall not be modified unless a
modification to the permit is approved. The following changes in use are modifications:
{1) Intensification of use. Changes of use that will result in an increase of five (5) or more peak trips.
{2) Commencement of new activities that could have a material adverse impact on the surrounding area.
(3) Any change that is a substantial departure from plans which were the basis of the conditional use permit
approval.
August 24,
2024
WVMA submits CUP
Modification
Application
Daily hours start 1.5 hours before sunrise until 10:30 PM.
Ramadan hours extend to Midnight.
August 24,
2024
Neighbors begin
submitting
documents/pictures.
videos to be shared
with the Planning
Commission at a
future public hearing,
September
25, 2024
J. Shoopman, Senior
Planner, responds to
WVMA with list of
Staff Technical
questions
No deadline for WVMA to provide requested information
Sept. 2024 - Town does not
ITEM NO. 8.
present enforce Town codes
or WVMA’s curfew
January 2025 Multiple Neighbor
meetings with the
Town Manager,
Attorney, Senior
Planner, etc.
With a second Ramadan fast approaching neighbors express once again that residents have unfairly shouldered the burden of WVMA’s violations for far too long, despite numerous attempts to get the Town to intervene to no avail.
Feb - March
2025
Ramadan Neighbors again send document unsafe streets, noise and traffic to LG-MS PD, Los Gatos Code Enforcement Officer, etc.
Videos of unsafe conditions shared with Town. Residents ask for decibel reading to be conducted.
April 29 2025 WVMA responds to
Staff Technical
questions
Packet includes noise analysis that was not only not conducted during Ramadan but during a sunrise service further illustrating WVMA’s operating well outside the 8 am-10 pm quiet hours. Also included a neighborhood outreach report that many residents say doesn’t accurately reflect their positions.
April 29, 2025
- January 2026
No action from Town on enforcing WVMA’s 2020 CUP or Town codes; no fines, etc,
January 28,
2026
February 2,
2026
Neighbors speak
during the public
comment portion of
Planning Commission
and Town Council
Meetings.
Desperate, neighbors implore the Planning Commission and Town Council to agendize this item; state their desperation after feeling abandoned by the Town staff for almost three years. The story appears in the media.
February 2026 WVMA CUP
Modification
Application is
agendized for Planning
Commission Meeting
March 2026 Town Staff Suggests
Planning Commission
consider approving
WVMA CUP
Modification
Conditions of Approval include virtually unlimited permitted use; 20 hour daily hours of operation window; an extra 30 minute allowance to clear the parking lot which amounts to an 11 pm curfew year round. No concrete solutions to a 41% overflow parking deficit. No official unbiased noise, traffic, environmental or public safety studies conducted by the Town.
March 25,
2026
Planning Commission
Meeting
ITEM NO. 8.
LOS GATOS PLANNING COMMISSION 3/31/2026
Item 1, 16769 Farley Road
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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
Community Development
Director:
Joel Paulson
Town Attorney: Gabrielle Whelan
Transcribed by: Vicki L. Blandin
(619) 541-3405
ATTACHMENT 9
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 the public
hearing with Item 1. This is a continuation from our
previous meeting, and we will begin with further public comments. I would like to remind you that if you spoke
during the last meeting, you cannot speak tonight.
As a reminder, this is to consider a request for
approval to modify an existing Conditional Use Permit for expanded hours of operation in an institution for religious observance, the West Valley Muslim Association, on property zoned R-1:8. Located at 16769 Farley Road, APN 424-21-062.
Categorically exempt pursuant to CEQA Guideline Section 15301, Existing Facilities. The property owner is West
Valley Muslim Association, Osmar Ghafoor, who is the
president, and the Applicant is Razi Mohiuddin. Our project planner is Jocelyn Shoopman.
Ms. Shoopman, is there any additional Staff
information for this evening?
JOCELYN SHOOPMAN: Staff would just like to
report that there were an addendum and Desk Item that were both published after the Staff Report packet, but that
completes Staff’s presentation.
ITEM NO. 8.
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CHAIR BURCH: Do we have any questions for Staff
at this time? All right, thank you.
We’ll now reopen the public portion of the public
hearing and move onto the speaker cards. If you haven’t already, or new people coming in, please go ahead and fill out a card and give it to Staff, and they’ll make sure that we get this.
I’m going to start with a couple of cards from
people that actually had their cards left over from the last meeting. I’m not sure if they left, so I want to make sure if they are back that they get an opportunity to
speak. The first is Sigrid Jacobsen. All right. The second is Kylie Clark. I don’t think I saw her here. The last is Tariq Ahmed. All right, just wanted to make sure they had an opportunity. The next two speakers will be Anne Griffin and Rebecca Garza. Okay, I’ll move her. That’s fine. So, then, Rebecca Garza and Louise Leprohon.
REBECCA GARZA: That’s my maiden name I haven’t
heard in a long time. I’ve lived in Los Gatos all my life.
I was born at Los Gatos Community Hospital, my dad taught at Los Gatos High, and over the years, of course, I’ve seen lots and lots of changes. I care very deeply about the
people, homes, organizations, and businesses that make this town special.
ITEM NO. 8.
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What we are discussing tonight is really not
about religion or hate, it’s about fairness, livability, and neighborhood balance; it’s pragmatic. No school,
restaurant, bar, theater, or any other entity has ever been allowed the amount of time and scope of hours that are
being requested; actually, they’re already being used.
There is a good reason for that. It’s just not
possible to live in peace with that volume of activity at your house for that amount of time. I did look at the
website, and it’s amazing what they offer their community.
We all know that. We heard that last week. We know that, but it happens to be in a neighborhood where people live who have spent decades paying for their homes and building a place of peace and family.
I live by Fisher. Twice a day I know I can’t
really get in or out of my driveway, and twice a year I know there is Back to School Night and the end of school year, and I know I can’t have a party. But that’s ten
minutes, twice a day, and two nights a year. This is on such a huger scale.
The building was never designed or even imagined
for the scope and scale of what is happening. The capacity, the constant use, it’s already operating beyond compliance even at this time, so I’m asking the Commission to protect
ITEM NO. 8.
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what makes this Town livable, to hold everyone fairly and respectfully to the same standards that preserve our
neighborhoods and sense of community. If you are to allow this, it will never be less, it will only be more, and it sets a precedent in our community for this scale of time and capacity in a neighborhood that will never go back, so it’s a permanent decision. Thank you very much.
CHAIR BURCH: Thank you. Are there any questions
for the speaker?
LOUISE LEPROHON: Hello, Commission and Staff. My
name is Louise Leprohon, and I raised my family in Los
Gatos. I agree with everything that the previous speaker said, but I do want to add that in order to understand more fully what options could be considered, and in my
desperation to help my family, I went to visit the mosque at 1755 Catherine Street in Santa Clara, which is zoned quasi-residential, to inquire how they obtain harmony with their residential neighbors.
The Masjid Al-Noor mosque shared with me that
number one, they do not operate after 10:00pm year-round to allow predictable and consistent hours for sleep and quiet enjoyment for their neighbors; and number two, they
prioritize their neighbors’ concerns to preserve and
protect the neighborhood character and address the concerns
ITEM NO. 8.
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with meaningful solutions, and not placate them with one of their unenforceable items, like well how about some cones? Additionally, the Masjid Al-Noor mosque shared
that they hold all Ramadan and large events at a Scott
Street location which is zoned Industrial to further
protect their neighbors.
The Catherine Steet mosque leverages the
religion’s built-in flexibility for its members and
encourages them to pray at home with family for any prayer, especially the pre-dawn prayer, as a valid and acceptable practice for a daily prayer. This fosters kindness and
respect towards the neighbors, and supports the sincerity and devotion over physical location.
I, too, would like to ask the Town of Los Gatos
Planning Commission and the Applicant, WVMA, to reconsider the Intensification of Use application specifically to set less extensive hours of operation to be in balance with the neighbors’ mental health and basic physical need: sleep.
I urge you to deny the current terms and
conditions of the CUP and ask that the Town Planning
Commission design and respond with balance and realistic conditions for the wellbeing of the residents in the Farley Road neighborhood, and a sanctuary for the members of the mosque. Thank you very much.
ITEM NO. 8.
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CHAIR BURCH: Thank you. Please stay up. There is
a question for you. Commissioner Burnett.
COMMISSIONER BURNETT: Yes, and thank you for
coming tonight. There was a question that came up at our last meeting on the Catherine Street mosque. Could you
describe to me the street. Are there sidewalks there? Are there lights? Is it a wider boulevard?
LOUISE LEPROHON: Yes, there are sidewalks, and
it is a residential area. There were houses right across from the mosque that face the mosque. It’s a smaller
building, it’s like a church actually, and then they have a huge parking lot there. Yes, there are streetlights.
CHAIR BURCH: Any other questions? Thank you. Our
next two speakers are Truc Dam and Brad Kerst.
TRUC DAM: Hi, members of the Planning
Commission. My name is Truc Dam. I have lived on Farley Road 20 years, four houses from the WVMA. We love our quiet neighborhood where our children could walk and ride a bike to school, and we walk our dog at night without fear of being run over by a car.
There are twenty-nine families on Farley Road,
and 21 of them, more than 70% of them, have signed a
petition opposing this WVMA CUP modification request. Of
ITEM NO. 8.
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the three blocks surrounding the WVMA, there are 70
families signing the petition opposing the request.
Our neighborhood is diverse and welcoming. That’s
probably why the WVMA members like the neighborhood.
Currently the CUP already has 14 hours, and they want 20 hours out of the 24 hours, and they put overwhelmingly
against extension of the hours.
Last week here a wonderful clergy from the
Presbyterian Church came in support of the WVMA request for extended hours. The church operates, I think, 8:00am to 5:00pm, but the question I ask is if the WVMA request is granted, could the church operate till midnight?
Another church, St. Mary's Catholic Church, has
an event every October for three days, and they operate to 10:00pm. But if we grant it here, can they ask for a whole weeklong event to midnight.
Calvary Church, only a few blocks from us, they
have a wonderful program that runs until 9:00pm. If this is approved, can they ask for the operation to run to
midnight?
I think the decision by the Planning Commission
would create precedents that effect not only our
neighborhood, but effect the whole Town of Los Gatos. Is
ITEM NO. 8.
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this what the Planning Commission wants, and is this what the Town of Los Gatos wants?
Lastly, having hundreds and possibly a thousand
attendees in a residential zone, in with small streets and no sidewalks, is a safety hazard. The current new request CUP does not have a limitation on the number of attendees.
God forbid an emergency occurs. If a first responder can’t respond, or the people can’t vacate, somebody is going to get hurt. Will the Town of Los Gatos be responsible if they allow the code exemptions.
In summary, our neighborhood is diverse and
welcoming. We welcome WVMA members, but not for 20 hours out of 24 hours. If the request is approved, it creates precedence affecting the whole Town of Los Gatos. And
lastly, if the code exemption is allowed, it could pose enormous financial liability to the Town of Los Gatos
CHAIR BURCH: Thank you. Are there any questions
for the speaker? Commissioner Stump.
COMMISSIONER STUMP: What are your greatest
concerns about the use as it relates directly to Farley Road, since that’s the main thoroughfare? What are your main concerns about the use and added hours of operation? TRUC DAM: The street has no sidewalks, small
streets, and I think the Jehovah’s Witness house there
ITEM NO. 8.
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before, it was only a few hundred people attending. I think according to plan, they are planning to have hundreds,
maybe up to 1,300 people attending.
I have no idea, if something happened, how can
they vacate? I mean, the people living across the street, how do they get out? Because I live up the street near Jack in the Box, I’m fine. If something happens, I’m running out. But Bill and Marie live right across from them. If there is an emergency, I don't know how they’re going to get out. I think that’s my biggest concern.
Of course, the quietness and (inaudible) Kim and
Jim live right next door, so I mean it’s affecting their wellbeing and their health. Because I’m up the street, I’m just saying my main concern is safety first, and then the next part is just mental health.
COMMISSIONER STUMP: Thank you.
CHAIR BURCH: Are there any other questions for
the speaker? Thank you.
BRAD KERST: Good evening, my name is Brad Kerst.
I’m a 16-year resident of Los Gatos. My wife and I, our two children who went to Blossom Hill, they went to Fisher, they graduated LG Chess. We live on Frank Avenue, about 250 yards from WVMA.
ITEM NO. 8.
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The neighbors met with WVMA for two hours this
past Sunday. While the meeting was polite, no real progress was made. I was not in attendance, as I had a family
birthday obligation, but I’d like to give a brief summary of that meeting.
Despite being aware of how the intensification of
the facility’s use negatively impacts our neighborhood and the peaceful enjoyment of our homes, there was really no significant concessions offered. They did offer to remove the Right Hand Only turn sign to redirect traffic toward Los Gatos Boulevard, and to distribute traffic cones for neighbors to place in front of their homes to protect their own street parking. We find these suggestions inadequate.
Cars turning right and left out of the parking
lot will snarl traffic even more. Cones don’t address
public safety concerns regarding speeding, nor do they
resolve the facility’s 41% parking deficit. This will only push more traffic deeper into the neighborhoods.
WVMA expressed a litany of challenges for
originally choosing the Farley Road location, suggesting there was and still is no suitable alternative location.
But their challenges are of their own making. It bought the property knowing the zoning restrictions in a residential.
Founder Razi and board member Belal both have extensive
ITEM NO. 8.
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experience as former Saratoga public officials, and at the time they didn’t see the zoning as an issue. Given their professional backgrounds, it is difficult to understand they didn’t anticipate these issues. This raises concerns about whether there was always an expectation or plan to circumvent the Town laws at the expense of the neighbors.
Considering the flagrant CUP and Town Code violations over the past several years, this should be addressed.
Additionally, there appears to be no reason they
cannot operate within the boundaries of the existing CUP and attempt to restore the neighborhood to its prior
condition.
The takeaway from this meeting is that WVMA
leadership does not appear to respect the neighborhood, the residents, our rights as neighbors, or care how this CUP modification, if approved, will violate the Town’s Quiet Hours Code and impact our health and wellbeing. They are focusing solely on their own benefits with little regard for the surrounding community.
We ask you to deny the CUP modification request
and instead institute a modification that will protect
neighbors and allow both parties to coexist on Farley Road harmoniously. This is a key point. This is not about
ITEM NO. 8.
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religion, this is about zoning, and this is why we need your help.
CHAIR BURCH: Thank you. Commissioner Stump.
COMMISSIONER STUMP: What sort of overflow
parking do you see on Frank Avenue?
BRAD KERST: Periodically through the year our
whole street, going all the way down Frank, wraps around as you may know, we see cars up and down all of Frank.
COMMISSIONER STUMP: Can you describe Frank
Avenue? Does it have sidewalks and gutters, or is it
similar to Farley Road?
BRAD KERST: No, it’s broken up, but coming off
of Los Gatos Boulevard, coming essentially toward Highway 17, first there are no sidewalks, and then there are
sidewalks. Once you cross Izorah Way there are sidewalks where we live just off of essentially Frank and Izorah, we have sidewalks on both sides with streetlights.
COMMISSIONER STUMP: So somewhat of a patchwork
on Frank?
BRAD KERST: Correct.
COMMISSIONER STUMP: Thank you.
CHAIR BURCH: Any other questions for the
speaker? Thank you. The next two speakers I have, it says Rusty Dehorn, but represented by Mindy Wellington, and then
ITEM NO. 8.
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Andrea Shelton. All right. We’ll not allowed to talk,
unfortunately, so I’ll just move on to the next couple of cards. Oh, Andrea.
ANDREA SHELTON: Good evening, I’m speaking on
behalf of Eunice Kim. I’m going to read her statement.
“Dear Los Gatos Planning Commission. I live on
Farley Road about one-and-a-half blocks from WVMA. As I have told WVMA constituents who have come to my door, we have been very happy with them in the neighborhood. They have shown us kindness, and communicated with us about
upcoming events. Given our location, we feel we are
insignificantly impacted by gatherings.
I’ve reviewed the 3/25-26 Planning Commission
meeting online and was amazed by the outpouring of support for WVMA, not only by its constituents but other community and residential organizations. This is truly the meaning of community, stepping up to support your neighbor, even when the issue does not directly impact you, so I am writing this letter to support the neighbors who live closest to WVMA and therefore are most impacted by the potential
extension of operating hours.
When I listened to their current experience of
light and noise pollution with the current hours, I was shocked. I did not until that moment imagine what it must
ITEM NO. 8.
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be like to live with the noise and lights during expected quiet hours. Please imagine you are trying to fall asleep, and then you hear random beeps and see flickers of light, and keep in mind, some of us are more sensitive than others and will hear things that don’t trigger the decibel limit.
If we each stepped into the shoes of the
residents who live closest to WVMA, we would understand why they do not support the extended operating hours. The
residents want to be able to sleep and rest in their homes during the hours that we all expect. More than ever,
medical literature shows that restorative sleep is
essential to one’s health, wellbeing, and longevity. Please listen to their request and allow them to get the peace and rest we all deserve in our own homes. Sincerely, Eunice Kim.”
CHAIR BURCH: Thank you. Are there any questions
for the speaker? Thank you. The next two cards I have is Margaret Kwami and Yasmine Darayan.
MARGARET KWAMI: Good evening, members of the
Commission. My name is Margaret Kwami. I live on Frank
Avenue near Izorah Way in the block adjacent to WVMA.
I value all of our neighbors, including our
Muslim neighbors. I also value the peaceful character of
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our little neighborhood, which is one of the main reasons my husband and I chose it some 23 years ago.
I find the submission of a noise study, which was
carried out by the Salter company at the request of WVMA, used data that was taken between January 31st and February 11, 2025. Ramadan in that year was from February 28th until March 29th. Additionally, the study was conducted only on one evening, from 8:00pm to 9:00pm, and on one morning from 9:00am to 10:00am.
Because the proposed modifications represent
changes in the tranquility of our R-1 district, we believe that verification before approval is the most responsible and defensible path forward for the Town. To ensure this Commission is making a decision based on the most accurate real-world current data, we respectfully request that three specific benchmarks be completed and verified before a
final vote is considered.
First, we have carefully reviewed the sound
report provided by the Applicant’s attorney, but it leaves critical gaps, as I mentioned, the hours and the dates when it was conducted, so it did not come close to capturing the actual acoustic impact of a potentially 1,200-person peakseason event. We are asking for a new, unbiased noise study
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undertaken at some planned instance when the Muslim
Association will have 800 or more in attendance.
Second, we ask for a comprehensive fire marshal
audit. We must have empirical proof, not just projections, that our narrow residential streets and the facility itself can handle this massive increase in capacity.
Third and finally, we ask the Commission to
complete a full audit of CUP compliance. Any trust in a party’s compliance with future agreements is built on the success of the current one, so we ask the Town to audit and resolve all previously and currently reported violations to ensure that the existing CUP is being fully upheld. You cannot effectively mitigate a new expansion if the current rules are not yet being followed. We are simply asking for proof before permission. This ensures that the Commission’s eventual decision is rooted in evidence and protects the long-term integrity of the Town.
To quote a letter you received from one of my
neighbors this week regarding our homes and the environment that we value that makes our home very desirable places to live, “The Commission is effectively forcing a permanent disclosable nuisance onto our property records.” So, we are just asking the Commission to hold off on voting, get more information, do full audits of the situation, and there is
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no rush. Thank you for your time and your dedication to our community.
CHAIR BURCH: Thank you. Are there any questions
for the speaker? Commissioner Sordi.
COMMISSIONER SORDI: Have you seen fire marshal
audit before?
MARGARET KWAMI: I have not personally.
COMMISSIONER SORDI: Can you articulate what’s
included in a fire marshal audit.
MARGARET KWAMI: I would imagine it would involve
safety numbers in particular, capacity numbers, and how the department could get trucks in and out, how emergency
medical personnel could be brought in, and people could be evacuated quickly. I’m guessing.
COMMISSIONER SORDI: I was just following up,
because I was curious if you’ve seen it as kind of a
standard report. I haven’t seen any report going by that name before. I want to understand the issues that are in play, so thank you.
CHAIR BURCH: Commissioner Burnett.
COMMISSIONER BURNETT: Yes, thank you. Thank you
for coming tonight. You’re saying that the failure to
comply with the current 2020 CUP highlights exactly why a
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modification should not go through due to the noncompliance issues for the CUP?
MARGARET KWAMI: Right, exactly.
COMMISSIONER BURNETT: Thank you.
CHAIR BURCH: Any further questions? No. Thank
you.
YASSMINE DARAYAN: Hello, and good evening. My
name is Yassmine, and I live on Farley Road. I’m a
healthcare worker for almost 35 years, and am still
working. I take pride working with people throughout my career with respect, understanding, empathy, and
compassion.
In 2000, my husband and I bought our current
house, investing in our future and raising our family in a neighborhood that gave us peace and safety. We even abided by the Town planning rules when we remodeled our house in 2015.
At the end of each working day, I looked forward
to going home to find my comfort and solace. Regrettably, since the opening of WVMA, due to constant heavy traffic and parking issues, especially during the month of Ramadan, it has created anxiety and my neighborhood no longer feels the same peaceful and residential neighborhood that it was before.
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As an Iranian American, I was born and raised in
a Muslim family, and my mother still prays daily. I’m also very familiar with prayers time and iftar. I grew up in a neighborhood that did have a mosque, but the hours of
operations were also sensitive to the neighborhood needs with respect to opening and closing times. This allowed the neighborhood to continue to live in harmony and peace.
I’m aware that prayers during Ramadan are not
just limited to mosques, and it can be done in the privacy of homes, at work, and at school. It is so disheartening to note that the Town of Los Gatos didn’t do the needed study, evaluating the needs of both the neighborhood residents and WVMA for compatibility issue and safety for all parties of concern.
We, as the residents of the neighborhood, pay
mortgages, property taxes, and rent. I’m asking the Town Planning Office of Los Gatos to reject the CUP application to maintain neighborhood safety, curtailing heavy traffic, parking, and excessive noise. Thank you so much for your time.
CHAIR BURCH: Thank you. Are there any questions
for the speaker? Thank you. The next two speakers are Rich Stephens and Bill Hoeft.
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RICH STEPHENS: Good evening, Commissioners.
Thank you for allowing me to speak tonight. I first want to apologize in advance in case any of my statements offend anyone. That is not my intent. I welcome all people to Los Gatos.
That said, this conversation and decision should
not be about religion. With the facility in the middle of a residential neighborhood zoned R-1:8, this decision should only be about (inaudible) and rights of all people in Los Gatos to peacefully exist and sleep in their own homes.
From 1990 to 2018 the Jehovah’s Witness Kingdom
was at the facility and caused no issues. WVMA knew the Town’s codes and ordinances when they purchase the facility in 2018. The original CUP for WVMA was issued March 11, 2020. The Applicant did not bring up the letter from the Town Attorney dated July 5, 2024 that showed the facility was already in violation of the Conditional Use Permit for multiple reasons.
This new request, among other things, would
increase the number of allowable attendees from 25 up to 850 or more, and worse, extend the hours to an extremely unreasonable level. According to their website, Farley Road is the main WVMA campus with services starting as early as 4:16am, and per the application, could go as late as
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midnight, seven days a week. Quiet time for the neighbors could be as little as three to four hours a night.
No business or facility should be allowed to
disturb and disrupt their neighbors like that. All other business, including athletic clubs and other religious
facilities, in Los Gatos abide by the Town’s code, noise limits, and operating hours. If the need is to support
these hours, then the goal should be to find an alternate, suitable facility in Los Gatos to house this mosque, which to me should not be near homes. If it is to appease the neighbors and allow them to sleep, then this CUP should not be approved.
Clearly, no person or religion should be
discriminated against. Nor, though, should any religion be given preferential treatment at the cost of others. For the residents of the neighborhood and the precedence this may set, I urge you to deny this request. Thank you for your service.
CHAIR BURCH: Thank you. Are there any questions
for the speaker? Thank you.
BILL HOEFT: Good evening, Commissioners. My name
is Bill Hoeft, and for the past 40-plus years I’ve lived directly across the street from the WVMA building.
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First, I want to acknowledge that the association
has generally been a good neighbor. The impacts that my wife and I have personally experienced, such as traffic flow, headlights into our homes, and evening activity,
we’ve been able to manage and we’ve adapted as best we can.
However, the proposal before you represents a
significant change, expanding the operating hours from
roughly 15 hours a day to 20 hours a day, more than a 30% increase. Importantly, this expansion reaches into very early mornings, beginning at 4:30am, and extends late into the night. This isn’t just a minor adjustment; it changes the character of the activity in our neighborhood from
something time limited to something that is nearly
continuous.
My wife’s and my concerns are not with the
organization, but with the intensity and the duration of use. Currently, the capacity is approximately, as I
understand it, 680 people. If hours are expanded this
substantially while keeping the same maximum capacity, the cumulative impact, especially traffic, noise, and lighting, will increase significantly.
I would ask for consideration of a more balanced
approach. If operating hours are increased by roughly a third, it is reasonable to consider a corresponding
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reduction in peak usage. For example, 15-20% reduction in maximum occupation would help offset the expanded hours and reduce the intensity of traffic surges. This type of
adjustment would allow the association to expand access for its members while still protecting the livability of the surrounding neighborhood.
In closing, I would support reasonable conditions
that reflect the scale of the change being proposed. Thank you for your time and consideration.
CHAIR BURCH: Thank you. Are there any questions?
Commissioner Stump.
COMMISSIONER STUMP: Since you are literally
right across from the mosque, and I asked this question of one of the other neighbors, what are your major concerns about the traffic running back and forth on Farley Road? BILL HOEFT: Sometimes it’s kind of like the
water drip torture treatment. I mean, it’s light after
light after light. One of my neighbors did an example. She had a flashlight and she turned the flashlight in your face over and over again. That happens. So, what do we do? We stay in the back part of our house, we close our shades, and we adapt. That is what we’ve done. We’ve gotten to know our neighbors pretty well, the Muslim folks; we’ve worked pretty well with them.
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Then, my wife, the other night was coming home
from a meeting. She parked out front to try to get out of the car, and the traffic was all over the place and cars were trying to move and go up and down, and she was
concerned about the impact of the traffic, so it’s just numbers and major use.
The thing that we don’t know about is what kind
of use are we going to experience once the CUP is approved.
Is it going to double, triple, quadruple, or is it going to go down? Where is it going to go?
COMMISSIONER STUMP: How recent was your wife’s
experience?
BILL HOEFT: This was during Ramadan.
COMMISSIONER STUMP: Okay, thank you.
CHAIR BURCH: Any other questions for the
speaker? Thank you. The next two speakers are Mary Hogan and Greg Slack.
MARY HOGAN: Good evening, Commissioners, and
thank you for your time and attention, both last Wednesday and tonight. My name is Mary Hogan. I’ve lived on Farley Road since 1992, 34 years. I live in the house next to the previous speaker, Bill Hoeft. I’m across the street from the facility. I’m here to respectfully ask the Commission to deny this request of a modification of an existing CUP.
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Before WVMA, the property operated as a Jehovah’s
Witness Kingdom Hall under a CUP for decades. During the 28 years I lived here at that time, I experienced no
meaningful impacts. Similarly, from WVMA’s approval in 2020 through early 2023, I did not notice significant impacts.
My concerns began in 2024 and have continued
since. To be fair, I’ve made efforts to communicate
directly. When I raised concerns about late night engine noise, WVMA leadership responded, and I did see
improvement. I appreciated that, but other issues persist and they directly affect daily life.
Parking has been more of an ongoing problem. Cars
have blocked our driveway, our mailbox, and can each week line both sides of the street. While there have been
attempts to address this, like placing cones and making announcements, these measures are inconsistent and
unreliable.
More importantly, there are safety concerns. Just
this past Friday, March 27th, a flatbed tow truck was parked blocking the fire hydrant while the driver went into the WVMA. By the time I was able to report it, I was told no incident could be reported after the fact, it had to be reported in the moment.
ITEM NO. 8.
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Finally, I want to speak of the Town’s goal of
maintaining peace and tranquility in a residential zone. At Wednesday’s meeting, many speakers described WVMA as a
sanctuary, a place of peace, restoration, and quiet. Those are the same words I use to describe my home. I feel very fortunate to have a Quiet Hours home neighborhood, and I believe everyone deserves that, to be able to rest without disruption from late night noise, early activity, or the impact of large volumes of vehicles.
For that reason, I respectfully ask the
Commission to deny this request of modification of an
existing CUP. Thank you all for your time.
CHAIR BURCH: Thank you. Are there any questions?
Commissioner Stump.
COMMISSIONER STUMP: What are the greatest
impacts you’ve experienced related to traffic and use?
MARY HOGAN: I would say the lights. I am the
neighbor who said I’d like to stand up here for a minute with a flashlight.
I would say the parking on Farley Road. There are
no sidewalks, there are no gutters. If you put a car on my side of the street and a car on the other side of the
street, and then tried to drive a car in each direction, it’s tight. I don’t know what it would be like for a fire
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truck or a police car or an ambulance. I have had cars
quite regularly U-turning.
I can say that 2024 and 2025 Ramadan was much
busier, and I can say that 2026 began with a news van
parked in front of Bill’s house, and 2026 became much
quieter as far as cars and as far as talking. There are a lot of people who do walk from their cars or the
neighborhood to attend activities at the mosque.
I think the safety of anyone walking that road at
night. I thought a great idea, but I don't know about the Town’s money, would just be to put another streetlight.
There is only a streetlight at the corner of Los Gatos
Boulevard and Farley Road, and the next one is at the exit of the WVMA. I believe that’s seven to eight housefronts. I don't know the footage, the yardage, but it’s dark. I think could we have the yellow line down the middle of the road, and the white lines on the side, like are currently on
Flintridge?
I think could we do like downtown parking spaces
where they are delineated? I think I have seen both the facility and website and other CUPs that have done contract of overflow parking to extra facilities beyond the
facility’s parking. Someone mentioned that they have an agreement, or whatever it is, with Affordable Treasures. On
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Los Gatos Boulevard, right next to Affordable Treasures, is the Burnett dental facility. They have parking. Could that be a possibility? Next to that, or on that road, is the Citibank, which has a parking lot. Yes, it’s a five- or ten-minute walk, but that would be if they initiated
shuttles that is still two- to three-minute shuttle. There is also a facility that is the wellness center. It’s a
building that’s brown with green, and it’s right on Los Gatos Boulevard; it’s next to Happy Hound. It also has
parking. So, could that be a possibility of excess or
overflow parking, rather than on Farley Road?
I’m looking for answers. I’m looking for ways to
try to have our neighbors at the WVMA stay. It makes me want to cry.
CHAIR BURCH: Thank you.
COMMISSIONER STUMP: Thank you very much. You’ve
done your homework.
CHAIR BURCH: Please come back. You have another
question. Commissioner Mayer.
COMMISSIONER MAYER: I was just wondering if you
could elaborate a bit? You said that from 2020 to 2023 it was fine, and then from 2023 to 2024, something changed.
MARY HOGAN: COVID.
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COMMISSIONER MAYER: COVID, okay, the end of
COVID.
MARY HOGAN: So, in 2020, COVID began. In 2023,
COVID ended. No one was going anywhere. Then we were able to go to places, 2024, 2025, 2026.
COMMISSIONER MAYER: Got it.
CHAIR BURCH: Any other questions? Thank you.
GREG SLACK: My name is Greg Slack, and thank you
for the opportunity to speak. It is wonderful to see
democracy at work. I am a 60-year resident, attending Daves Avenue, Fisher, and Los Gatos High. I have a large
community of family and friends in this town, some who live in the neighborhood being discussed tonight. For this
reason, I feel obligated to comment on the proposed
Conditional Use Permit application.
My 40-year career has focused on all facets of
real estate development, and to this point, I need to make known that in 1993, I, along with my consulting firm,
personally assisted the Muslim Community Association with their use permit at Scott Boulevard in the City of Santa Clara. This facility was required to address the
limitations of their smaller mosque in the quasiresidential area.
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I also represented Burger King in its goal to
locate on the northwest side of Los Gatos Boulevard, but was unsuccessful due to the intensification of the
property, activity, and its impact on the same adjacent neighborhood we are discussing tonight.
Over the years, I’ve seen the Town of Los Gatos
represent and assist neighborhoods facing traffic and noise issues. I’ve seen Old Town’s intensity increase to the
point that the Town placed permit parking on University Avenue and the adjacent side streets. As it relates to the new and amended permits, I witnessed the Town requiring applicants to complete studies, and install adjacent
improvements to streets, sidewalks, and intersections.
With the documented traffic, noise, and use
violations associated with the application in front of you, I am thoroughly perplexed as to why the application has not included the same level of due diligence, corrective
actions, and clear restrictions as all other applicants face. This application in its current form cannot be
approved.
The permit does not address the Applicant’s
impact on the neighborhood. It does not provide
infrastructure improvements to address documented traffic
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problems. It does not address documented noise violations, and it does not address past and current permit violations.
Please, I request that you continue to uphold the
Town’s standards and protect this neighborhood. Thank you.
CHAIR BURCH: Thank you. Are there any questions
for the speaker? Thank you. Next is Lorraine Hepworth and Linley.
SCOTT HEPWORTH: My name not Lorraine, but she’s
my wife and asked me to fill in for her. My name is Scott Hepworth. I am one of ten signatories on a statement that you received from the Los Gatos-Monte Sereno Interfaith Council on behalf of the Muslim friends that are part of our Council.
As someone who has loved Los Gatos for 48 years,
I wanted to thank you guys for what you do, for your
patience, and your personal striving to think through
things and listen carefully.
I want to thank the Muslim people who have been
here and at the last meeting spoke so fervently, obviously expressing their hearts’ feelings very sensitively. I think we all came away with a great feeling of admiration for them, respect, and love for them as neighbors.
I also want to thank the neighbors. We’ve heard
their stories, and hear more, and feel a lot of compassion,
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a lot of empathy for the impositions, the hardships, the difficulties that they have personally experienced
recently.
We’ve observed that you heard a number of very
specific things from missing sidewalks and a number of
things—you’ve got them all written down—that are within the domain of the Town to take care of somehow.
My main message is to thank everybody here, all
these wonderful Muslims and these wonderful neighbors for the very respectful manner, the contention-free way that virtually everybody has conducted themselves at this
microphone, given the opportunity in this wonderful land of ours to share their feelings in this way.
So, thanks to everybody. Congratulations on your
assignment. I look forward to you seriously pondering
through this matter and rendering a decision that will be the best for everyone. Thank you.
CHAIR BURCH: Thank you. Are there any questions
for the speaker? All right, thank you. The next card I have is for Linley.
LINLEY: Good evening, my name is Linley. I’m a
lifetime resident here. I’ve already expressed quite a bit of concern at the last meeting in December that I attended
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where I spoke, so I would like to refer to that for some of my opinions, but I would like to say a few things.
One, we’ve already seen if you give an inch,
they’ll take a mile. There is a reason that people say
that, and that is years ago we were told that there was a certain group of people that were too afraid to come here, and so we had to put down these stripes on Main Street, and then now we have to put up a pole with a flag that many people don’t agree with, so if you give an inch, they’ll take a mile.
I’d also like to say that I live in the Almond
Grove where we have Halloween, where up to 5,000 people have been in front of my house. And then we also of course have the St. Mary's Country Fair, which I love and attend every year, but I couldn’t fathom having to stay up till 11:00pm three nights in a row with the band that plays at St. Mary's straight until 10:00pm, which is great; it’s such a great event. But still, if one group gets to do
something, then other groups are going to want to do that.
I would also like to remind the Town that my
Airbnb years ago was closed down through intimidation not as kindly as what’s going on here, but my business was
closed down. It contributed a whole maybe one or two extra cars to Tate Avenue, which already gets about 1,000 cars
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every day, and so the burden on my neighbors was so great that two cars were horrible, and they had to close down my business.
I can’t imagine what the neighbors are going
through on Farley Road, but I know I would not be happy about that, and I can’t imagine why an exception would need to be made under, really, any circumstances. I just don’t see why any exception would need to be made, so just to put things in perspective.
I feel for everybody, but quiet is good. I have
tenants and I have neighbors, and I’m sure that if I could have a party until 11:00pm on a hot summer night, I’m sure that today under 10:00pm curfew, my neighbors would be
calling the cops on me. Thank you.
CHAIR BURCH: Thank you. Are there any questions
for the speaker? All right, the next two speakers are Lee Quintana and Margaret Kramer.
LEE QUINTANA: Good evening. I’d like to start by
saying that I’m a member of the Historic Preservation
Committee, but I’m here representing myself as an
individual resident of Los Gatos of 45 years.
I’d also like to say that I’m speaking as a
person who has worked in environmental review for the City of San Jose for over 15 years, and although I retired a
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while ago, I reviewed the request of this application
today, and I spent a lot of time reviewing CEQA, noise
studies, and federal law, trying to ascertain how I felt about the whole issue.
I support the faith community and hope that the
issues raised can be resolved, but I do have several
concerns.
First are the exemptions from CEQA. In my
opinion, and again I say it may be rusty, but I do believe that the Town needs to have an outside consultant review this issue and determine whether or not it is exempt from CEQA. I do not believe it is. The main issues that have been raised are traffic, safety, light, and noise. Traffic safety and light impacts are operational issues, not CEQA issues, however, noise is a CEQA issue.
The Staff Report does not indicate that the
report submitted by the Applicant’s consultants was
reviewed by Town Staff or by the Town’s consultant, and the report that was issued relies heavily on ambient noise, which is an averaging of noise over a 24-hour period. It does not adequately address peak noises that occur over a specific period of time, such as while the ambient noise may be 45 dBAs, which is the average noise, within that average noise over, say, a period of 15 minutes or an hour,
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there may be certain points where the noise goes above
that, and what is the percentage of the time that the noise goes above that, and what is considered an impact and what isn’t?
Also, I think that it would be a good idea to get
our outside counsel to advise us on the issue of the
federal law applicability.
I’d also like to comment that at the last meeting
statements were asked of faith community leaders, what
their hours of operation were, but they weren’t asked
whether those hours of operation interfered with their
religious faith activities.
Lastly, because I don’t have much time, I ask you
to continue this item with specific direction, so that the outcome is amiable to everybody concerned. Thank you.
CHAIR BURCH: Yes, Commissioner Burnett.
COMMISSIONER BURNETT: Yes, thank you, Ms.
Quintana for coming, and all your service to Los Gatos over the years.
A question. With you bringing up the issue of
CEQA, because you did bring it up, I’d like to ask you
about this. Would you consider there is a fair argument part to this that could be made for a cumulative impact, and have maybe needing of a CEQA review?
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LEE QUINTANA: I don't know, I didn’t read the
data. At least I didn’t see it in what I saw in the Staff Report and in the Applicant’s noise consultant noise
report.
COMMISSIONER BURNETT: Okay, thank you.
CHAIR BURCH: Any other questions? Commissioner
Stump.
COMMISSIONER STUMP: Perhaps I missed this. Did
you actually cite a CEQA section related to your review today?
LEE QUINTANA: Yes, there are two sections that
the Staff Report relied on that was… I’ll see if I can find it.
COMMISSIONER STUMP: That’s okay if it’s in the
Staff Report.
LEE QUINTANA: Yes, it’s in the Staff Report.
COMMISSIONER STUMP: I can locate that, but I was
looking for something that would…
LEE QUINTANA: I think it’s 15300 and 15301.2, I
think.
COMMISSIONER STUMP: Yes, I was just looking for
maybe your point that something you’ve reviewed today would drive the need for further environmental review.
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LEE QUINTANA: Yes, I looked at those sections
and the section that was quoted in the Staff Report, and I did not think it applied.
COMMISSIONER STUMP: Thank you.
CHAIR BURCH: Any other questions? No. Thank you.
Margaret Kramer, I think. Anne Griffin.
MARGARET KRAMER: My understanding is that the
Islam faith is deeply rooted in devotion, discipline, and community. Islam prayer is about intention, reflection, and connection with God, not a specific location. In the
recordings of the Prophet Muhammad in the Hadith the
Prophet says, “The entire earth is a place of prayer.”
Islam teaching is clear: praying in mosques in encouraged and meaningful, but it is not required for the validity of prayer. Prayer can take place in a home with family or
small gatherings, or in a clean and safe space. When all places for worship were closed during COVID, people were forced to pray, by law, privately at home. Prayer and a relationship with God do not require a specific location or building.
I’ve lived in Los Gatos for 55 years and have
worshipped at St. Mary's church. St. Mary's is also located in a residential neighborhood. Services and activities at St. Mary's must comply with the Town ordinance of a clear
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shutdown no later than 10:00pm. Because of the
neighborhood, St. Mary's is also in a restricted parking area. Attendance at evening services can be challenging.
Also, not all places of worship, but also
neighborhoods, have to comply with 10:00pm shutdown. If a neighborhood party or event exceeds 10:00pm, a policeman may knock on the door and the party will be shut down.
This issue before you is not a religious issue.
We all pray in different ways we are allowed and encouraged to live our faith. We know the Muslim faith does not
require a specific location to pray. This issue is about land use and neighborhood compatibility. I am asking the Farley Road neighborhood to be given the same living
conditions that I enjoy in my neighborhood: evenings quiet and safe. That means to preserve residential integrity of this neighborhood. The mosque must be asked to follow the same restrictions all places of worship and residential neighborhood are required to abide by. Thank you.
CHAIR BURCH: Thank you. Are there any questions
for the speaker? No. I’m going to go back to two cards I’ve called before, but just to check. One is Mindy Wellington, who is representing Rusty Dehorn, and then Margaret Kramer.
DIRECTOR PAULSON: Mindy Wellington is online.
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CHAIR BURCH: Oh, did I do you twice. Thank you.
Sorry.
VICE CHAIR BARNETT: Mindy Wellington is on Zoom.
CHAIR BURCH: Okay, great. I was going to move to
Zoom next. Do we have any hands raised on Zoom?
DIRECTOR PAULSON: We do. Mindy, you can unmute
yourself.
MINDY WELLINGTON (on behalf of Rusty Dehorn): Hi,
there. My name is Mindy Wellington and I’m reading a
statement by Rusty Dehorn, who attended the meeting last week on Zoom, but is traveling tonight and unable to make the meeting.
“I currently live in the Blossom Manor
neighborhood, but until September 2023 I lived at 16791 Corcel Court, which shared 26’ of back fence with the WVMA mosque. They were good neighbors while I was there. Their usage of the property was similar to the previous
organization, the Church of Latter-Day Saints. WVMA never really had a detrimental impact to my property. Clearly, things have changed and I’m heartbroken for my former
neighbors who have owned their homes for over 20 years.
My concerns would be the same no matter what
organization was asking for this CUP. It has been proven that WVMA is breaking current CUP and Town Quiet
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Ordinances. One example was evident in the last meeting when the WVMA hired noise consultant said he took readings during sunrise prayer, which happens obviously before
8:00am.
It’s not fair to people that have invested so
much in their homes, both monetarily and emotionally, to be forced to give up the refuge and peace that they have
become accustomed to in their home and neighborhood. If any organization can come in and get the rules changes over the objections of existing, long-term neighbors, why do we have the rules?
Has the Town considered what the liability will
be when people lose value of their property, because they have to disclose that hundreds of cars and people will be arriving to WVMA at 4:30am and stay after 11:00pm?
In fifth grade, I learned that a planning
commission is supposed to make decisions about land use.
There are many people, great people, supporting WVMA, very articulate speakers talking about their career successes and broader issues of religious freedom and persecution. I believe that everyone should have religious freedom,
however, the question before the Commission is about land usage.
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As my previous neighbors have stated, they feel
like the Town is letting them down. They have already
amended the CUP, and there are violations of the current CUP that are not being enforced. I don’t believe this is a case of a religious organization being treated unfairly, but rather a case of a group asking for special treatment regarding land usage laws that were in place when they
purchased the property.
This is an opportunity for the Planning
Commission to do their part and uphold the existing zoning laws in this quiet residential neighborhood, and the rights of homeowners. Please vote against the revised CUP being proposed. Thank you for your time.
CHAIR BURCH: Thank you. Are there any questions
for the speaker? No. Thank you. Mr. Paulson, are there any other speakers on Zoom?
DIRECTOR PAULSON: Yes, next speaker will be
Erica Hagelberg.
ERICA HAGELBERG: Good evening, members of the
Planning Commission. My name is Erica Hagelberg and I’m an attorney at Hoge Fenton Jones & Appel. My law firm
represents Jim and Kim Ratcliff, residents of Farley Road.
I would like to first offer for the record that
neither the Evergreen Islamic Center on Ruby Avenue in San
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Jose, nor the Masjid Al-Noor mosque in Santa Clara on
Catherine Street, each of which were discussed at the March 25th meeting, are zoned residential despite their proximity to residential zoning. The EIC is in a Planned Development zoning, and Al-Noor is in Santa Clara’s public/quasi-public zoning, whereas the zoning for the subject property at
16769 Farley Road is zoned R-1 and limited to uses
consistent with that zoning.
Second, it is California law that all
discretionary projects, as defined in the California
Environmental Quality Act, including the issuing and
modification of CUPs, must undergo environmental review prior to final approval. The project’s impacts are not
negligible, and therefore are not categorically exempt from CEQA. It would be reversible error to find that this
modification is categorically exempt on the basis that it presents no increase to square footage. That is because CEQA contemplates an increase to intensity of use as well as to square feet.
Importantly, the Town may not rely on mitigations
to make its determination that there is no impact, as it has done so here, evidenced in the Staff Report.
Finally, I would offer that the 9th Circuit has
issued binding authority which guides the substantial
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burden analysis in its jurisdiction, which includes
California. In the 9th Circuit, under RLUIPA, a land use regulation imposes a substantial burden on the religious exercise only when it is oppressive to a significantly
great extent. This means that the regulation must impose a significantly great restriction or onus upon the religious exercise, and the court considered the totality of
circumstances, including whether the municipality’s reasons for denying a permit were arbitrary, whether alternatives within the jurisdiction are available, and whether the
burden was self-imposed by the plaintiffs.
With that, I’ll yield my time.
CHAIR BURCH: Thank you. Do we have any questions
for the speaker? Vice Chair Barnett.
VICE CHAIR BARNETT: Regarding the RLUIPA issue,
are you saying that none of those provisions would impair the violation? In other words, would you envision that
there is a broad exemption from RLUIPA under these
circumstances, and if so, what provision of the law are you relying on?
ERICA HAGELBERG: I’m not proposing that there is
a broad exemption under RLUIPA, I’m proposing that under RLUIPA for a… There are two clauses under RLUIPA that can lead to a planning commission’s decision to be overturned.
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The first is whether the zoning laws applicable
to the project are equally facially neutral and equally applied, which is not at issue here.
The second is if there is a substantial burden
imposed on religion. So, the way the 9th Circuit interprets that substantial burden is to say whether there is an
oppressive force on religion such that they would not be able to exercise their religion.
The totality of circumstances test factors for a
multitude of things, and not only the three things that I am talking about here, but significantly will weigh those three things.
First is whether the municipality at issue,
whether it be a county or a city or a town, has denied any application for an arbitrary reason. So, here, where public safety is at issue, such as it was in a 9th Circuit
residential case, The Spirit of Aloha vs. the County of Maui, if there is a significant increase to traffic and the burden on public agencies, as there was in that Spirit of Aloha case, and if there are significant traffic concerns, the agency’s findings that the project is an unsuitable use can substantiate a denial of the CUP.
So, under the holdings of the Spirit of Aloha,
the resident’s concerns about traffic, noise, safety,
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pedestrians, kids riding bikes in the streets, those are all very similar things that were found in the Spirit of Aloha case that substantiated the decision allowing the planning commission’s denial of this Spirit of Aloha’s CUP to be upheld.
The second consideration is whether the burden on
use is so restrictive that a worship center, or church, or hall is unable to accommodate any religious use. In a case called New Harvest Christian Fellowship vs. the City of Salinas, there was a zoning restriction that did not allow for religious assembly on the first floor of the building; however, the religious assembly would have been allowed on the second floor. Because they were allowed to operate
anywhere within their building, that did not create a
substantial burden on the religion.
Finally, also in the New Harvest case, the court
looked at whether there were alternatives, and that’s not alternatives anywhere. Of course, there is going to be an alternative anywhere in the world that can accommodate
this; it’s within the jurisdiction. Would the facility be allowed to move somewhere else? So, what this is going to look at is not denials that the subject property has had in other cities and other towns, but have they been denied previously in Los Gatos, and if they applied elsewhere in
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Los Gatos, would they also be denied? Or is there any
opportunity anywhere within Los Gatos that they could be approved?
One more thing that it will look at, and that has
been spoken to tonight by other residents is that…
VICE CHAIR BARNETT: What are we talking about?
CHAIR BURCH: Is this related to the question?
ERICA HAGELBERG: Yes, these are all under 9th
Circuit holdings, but if you need to move on in the
interest of time, that’s fine.
ATTORNEY WHELAN: If it’s responding to Vice
Chair Barnett’s question, it’s allowed, and if it’s
independent of Vice Chair Barnett’s question, it’s not.
CHAIR BURCH: However, we have other questions
for you.
ERICA HAGELBERG: I see.
CHAIR BURCH: Commissioner Stump.
COMMISSIONER STUMP: I’d like to revisit your
point about CEQA where you basically said that I’ll call it, “This project is not categorically exempt.” Could you further enhance your explanation on this project not being categorically exempt as far as CEQA goes?
ERICA HAGELBERG: Yes, absolutely. The
categorical exemptions under CEQA are contemplated when
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there is an existing use which would not create a
substantial impact. That substantial impact is not limited to a square footage increase, it is consideration of any environmental impact, and so as you’ve heard residents
discussing, there is going to be and already is substantial impact by the existing increased use and speculation, and well-founded speculation, that approving this Conditional Use Permit would more greatly create those impacts.
The Staff Report relies on mitigations to come to
its conclusion that there is no impact, and that is
impermissible under California law. A case called Sunflower Alliance vs. the Department of Conservation, a 2024 case, specifically says, “An agency may not evade CEQA by
adopting mitigation measures simply to qualify a project for a categorical exemption.” Similarly, Salmon Protection and Watershed Network vs. the County of Marin, the County of Marin did a similar thing where it found that the
project in question, as conditioned and mitigated, would not have a significant adverse impact on the environment, and that was a reversible error that the California Court of Appeal did find error and did reverse.
So, to the extent that the Staff Report is
relying on the mitigations as it outlines in page 2 and 9 of the report, saying that it will not impair the integrity
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or character of the residential zone because of the
conditions, that it, “will not be a detriment to public health or safety because of the Conditions of Approval, which will address any potential noise, traffic, and safety impacts,” or because the project is required to comply with noise mitigation, parking lot monitoring and overflow as conditions of appeal, it will thus not have any impacts.
So, what the Staff Report is saying, the impacts are null because they’ve mitigated. That is impermissible under
California law.
COMMISSIONER STUMP: Thank you.
CHAIR BURCH: Are there any further questions for
the speaker? No. Thank you. Mr. Paulson, are there any
other speakers?
DIRECTOR PAULSON: Yes, one second. It looks like
Faisal Yazadi.
FAISAL YAZADI: Hello. Good evening, everyone. My
name is Faisal Yazadi. I am the former president of
Evergreen Islamic Center, which is also known as EIC. EIC is located at 2486 Ruby Avenue in San Jose, California.
Today I come to you not as a representative of Evergreen Islamic Center, but as a community member on my own behalf.
EIC was started in 1989, and recently built a
40,000 square-foot facility on a 2.2-acre parcel. The
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facility is located in the middle of single-family homes.
EIC is surrounded by single-family homes on all sides,
except the north side where there is a two-way street.
This, again, is a neighborhood that is surrounded by homes.
EIC is currently operating on a temporary Conditional Use Permit issued by the City of San Jose, as we are in the process of completing the construction of the facility.
EIC, much like WVMA, offers all five daily
prayers and full Ramadan nightly services, similar to all other mosques in the Bay Area. Our prayer times are
virtually identical to that of WVMA’s, perhaps off by a minute or two. If anyone is interested in learning more about the prayer times and the services that EIC offers, you are welcome to look those up at eicsanjose.org.
With that, I conclude, and if there are any
questions, I’ll be happy to answer those.
CHAIR BURCH: All right. Commissioner Burnett.
COMMISSIONER BURNETT: Yes, thank you. I do have
a question. So, 2486 Ruby Avenue that you were talking
about, it is located though on a very wide boulevard with three lanes, there is striping, and there are lights, so it’s quite different than a small residential dark lit
street, is that not so? When you look at it online, you can see what…
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FAISAL YAZADI: Yes, Commissioner, to answer your
question, the wide boulevard that you see is actually
not…we are not on the wide boulevard itself. We are north of that Tully Road where the main entrance to the mosque is just a narrow two-way street.
CHAIR BURCH: Does that answer your question?
COMMISSIONER BURNETT: I guess I was describing
Ruby Avenue where it says that it is located.
FAISAL YAZADI: Yes, Ruby Avenue south of Tully
is like that, wider boulevard with bike lanes and whatnot, but north of Tully it turns into a two-way street.
COMMISSIONER BURNETT: Thank you.
CHAIR BURCH: Commissioner Stump.
COMMISSIONER STUMP: How have your neighbors
received you in that location? What issues have there been? What issues have you addressed, and how have you addressed them?
FAISAL YAZADI: The center has been in existence
since 1989, and you can see we have grown with the
neighborhood, and we are a part of the fabric of the
Evergreen Hills where our neighbors are pretty much welcome to the center any time of the day. We actually have
constant conversations and information exchanges with the neighbors, and our center plays a prominent role in staying
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connected to the community by offering our facility to any kind of a city event that we hold. Like Parks and
Recreation wanted to inform the community about the changes in the park that they were making, so we allowed our
facility to be used as a part of the community to inform the community.
In short, we stay very well connected to the
community, and our community members, our neighbors, have been extremely good to us, and we try to reciprocate that in the best way possible.
COMMISSIONER STUMP: Thank you.
CHAIR BURCH: I have a quick question. How many
people attend your mosque during Ramadan?
FAISAL YAZADI: Peak, I would say about 500 to
700; it ranges depending on whether some of those services fall on a weekend or a weekday.
CHAIR BURCH: What do you do about overflow
parking? It doesn’t appear that your parking lot probably holds that many cars.
FAISAL YAZADI: Two things we do. One, we
strongly recommend carpooling. Two, there is on-street
parking that our congregation members use.
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CHAIR BURCH: All right, thank you. Are there any
other questions for the speaker? No. Thank you. Mr.
Paulson, are there any other speakers on Zoom?
DIRECTOR PAULSON: Yes, the next speaker is Ammar
Khan.
AMMAR KHAN: Good evening, everyone. My name is
Ammar Khan. I am the current chairperson of the MCA Bay Area located in Santa Clara, so I am one of the board
members who helped with the Masjid Al-Noor that we acquired back in the mid-1980s, located off of 1755 Catherine
Street.
We acquired that building around the mid-1980s
and we’ve had the privilege of operating the facility
continuously since its acquisition. We offer all five daily prayers there. We even include a full Ramadan service
there, which means that you’ll have the prayers as well as the Quranic recitation afterward where we hold pre-Isha prayers, and so we’ve had the privilege of being in that facility during the peak summer months when the sunrise prayer happens around 5:00am, and during the late nights of summer where the prayer starts as late as 10:10pm.
It is, in my opinion, one of the best mosques
that I go to, not that I’m just a board member, but it has grown with the residential community and we’ve had a
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really, really good relationship with our community members where we exchange gifts. Like, I was just there the other day and our residents, who had beautiful produce trees in front and they were sharing this with the congregation and people who were going by, so I’ve seen it for the very
harmonious relationship, and I would love to have a similar opportunity here, and I’m supportive for Los Gatos as well.
CHAIR BURCH: Any further questions for the
speaker? I do. Can you tell me what a typical number of attendees would be during Ramadan?
AMMAR KHAN: The mosque is actually filled during
the Ramadan. I would say we reach about 500 to 600 people, and Ramadan is a very specific time, so we actually have a lot of good traffic management and security for primarily three purposes.
One, as you can probably imagine, our parking lot
cannot handle that traffic either.
CHAIR BURCH: No.
AMMAR KHAN: And so, we actually help our
congregation members, provide them guidance on where to park, where not to park, how to manage the traffic flow, speeding, and so we have people who have appropriate
clothing and appropriate light gear to remind people of
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where they could be parking, where they could be going.
That’s one.
Second, we also help ensure that there are no
discussions and socialization happening at certain
nighttime hours. As you can imagine, right now the latenight prayer happens around 9:48pm. That’s quite late for most people. In fact, being a resident of Santa Clara, I would argue that that can be late for people, and so we have individuals who come and encourage the congregation members to disperse immediately after prayer, so avoid the socialization, do that at their own convenience at their own property, then kind of just disperse as much as we can, and we encourage that quite a lot.
The third thing we also very much try to do is we
have regular discussion with our neighbors to see what we can continue doing better. They way we have an immediate feedback loop of ensuring that our neighbors, who are very important to us, get the best experience as well while we go through this religious month.
CHAIR BURCH: Right. Thank you.
AMMAR KHAN: My pleasure.
CHAIR BURCH: Mr. Paulson, are there any other
speakers?
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DIRECTOR PAULSON: Yes, next speaker will be Ali
Miano.
ALI MIANO: Hi. Thank you for taking my comment.
As a Catholic and longtime resident of Los Gatos, and one who happens to live in close proximity to my own church, I urge the Planning Commission to allow WVMA to expand their hours of operation in order to celebrate Ramadan.
All over Los Gatos, whether it’s St. Mary's on
Bean and Tate, or the Seventh Day Adventists on Broadway, or Shir Hadash on Cherry Blossom Lane, there are all kinds of houses of worship in residential areas. I admire WVMA’s desire to keep Ramadan alive and well, to maintain a
century’s old tradition, and keep their community grounded.
Previously, I spoke to the Council about
parallels between what used to be our midnight mass at St.
Mary's, and Ramadan, but I’d also like to point out another kind of ritual that is quite prevalent in our town. As a downtown resident for nearly 30 years, I can tell you that these streets can get really noisy after midnight,
especially around 2:00am on the weekends when the bars let out. It may not happen every weekend, but several times I’ve been awakened from my slumber by a bar hopper or a team party who are celebrating loudly. But I’ve
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acknowledged that if you’re going to live downtown, you’ve got to put up with some noise.
I wonder if there were a Christian denomination
celebrating evening Lent in service, or an Easter vigil, would there be such preoccupation with the faithful
starting their cars late at night and driving home from nighttime services? Our country touts its founding based on practicing religious freedom. Los Gatos needs to defend the rights of all religions to safely and solemnly practice their rituals.
I urge the residents to work together with WVMA
and do something that we used to do in our country not too long ago: compromise. Thank you.
CHAIR BURCH: Thank you. Are there any questions
for the speaker? Thank you. Mr. Paulson, are there any
other speakers on Zoom?
DIRECTOR PAULSON: There are. Our next speaker is
K. Lee.
KIM LEE: Good evening. Hello. My name is Kim
Lee. I’m lifetime resident of this community, and a member of the Los Gatos Anti-Racism Coalition. Tonight I speak in support of modifying WVMA’s Conditional Use Permit for
extended hours.
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As you’ve already heard, both last week and
today, Commissioners, the land use question in front of you is really (inaudible) question of our neighbors’ right to practice their religion freely. Prayers do not magically become less sacred or more optional when inconvenient.
For the ACLU to prevent the WVMA from operating
during pre-dawn and evening prayer times would impose a substantial burden to the entire Muslim community of Los Gatos. Last week you heard that the few hours between
sunset and lights out they are breaking fast, eating
dinner, yes, occasionally navigating through traffic and attending evening prayers every day of Ramadan.
As someone who is not Muslim, and barely has the
wherewithal to complete all of my evening responsibilities when I get home from work, their commitment does not paint these practices as extra credit or negotiable. Every
limitation on access to their place of worship during this time materially compromises these community members’
religious freedoms.
Los Gatos claims to champion inclusivity. We have
an entire section devoted to it on the Town website.
Assuming we’re all on the same page here that the WVMA is, in fact, a part of our community, this is the type of
tangible ask we should be supporting wholeheartedly. Our