Agenda packet, first session — Los Gatos City Council, August 18, 2026 (part 9 of 12)

ITEM NO. 8.

Planning Commission
Town of Los Gatos
April 22, 2026

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meeting with the neighbors this last week, it became clear they want WVMA to compromise on the number of prayers its members observe at the mosque, or to change the time at which the prayers occur.
3 This is the one thing WVMA cannot do
because it infringes on its members ability to observe their faith.4

4. The voluminous and burdensome conditions of approval proposed by neighbors who oppose the CUP amendment would plainly violate RLUIPA.5 Even if the Town could show a compelling governmental interest in the topics they address—which it cannot—it is obvious that the proposed mitigation measures are not the least restrictive means of furthering that interest.

5. WVMA asks the Commission to approve the amendment to the CUP at its April 22, 2026 meeting. Separately and independently, WVMA would like to continue exploring ways to work with the Town and the neighbors who oppose the proposed CUP amendment to strategize about improvements the Town might construct along Farley Road, whether sidewalks, lighting, crosswalks, lane markers, speed bumps, or other ideas. WVMA sees this as a potentially fruitful place to explore solutions.

We look forward to discussing these issues with you at tonight’s hearing and moving this matter toward a decision that will allow WVMA members to pray in accordance with their faith.

Very truly yours,

REUBEN, JUNIUS & ROSE, LLP
Matthew D. Visick
3 See Agenda Packet, April 22 Meeting, p. 146 (“A truly good faith effort requires balancing religious exercise with the physical safety constraints of the surrounding residential community.”). 4 Their written comments state that Muslims do not need to pray at a mosque and argue that WVMA “can fulfill their religious mission without daily congregational gatherings.” (Agenda Packet, April 22 Meeting, pp. 174-75.) 5 See Agenda Packet, April 22 Meeting, pp. 161-67.

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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.

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ITEM NO. 8.

Planning Commission
Town of Los Gatos
March 31, 2026

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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.

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ITEM NO. 8.

Planning Commission
Town of Los Gatos
March 31, 2026

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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.

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ITEM NO. 8.

Activity/Parking Comparisons with Neighboring Religious Institutions 1 Confidential │ Attorney-Client Privilege
The Town’s experience with religious institutions prior to the West Valley Muslim Association’s (WVMA) Los Gatos Islamic Center (LGIC), has been quite different. The major difference…level of activity. No other religious institution holds 35 per week services (not including other activities) and operates from 5:00 AM to 10:00-11:00 PM (under current CUP) daily.

Here is a facility and activity comparison of WVMA and three neighboring religious institutions – Calvary Church of Los Gatos, Los Gatos Presbyterian Church, and Congregation Shir Hadash.

West Valley Muslim Association
Physical Character: Unlike many other collectors in town, Farley Road is notably narrow and largely unstriped. In many segments, it lacks formal sidewalks, requiring pedestrians to share the paved roadway with vehicles.

Pedestrian Safety: The lack of sidewalks combined with nighttime activities has led to reports of families and children walking in the dark roadway alongside high-volume vehicle traffic.

Facility and Activity
• 2 entrances/exits on Farley
Road.
• Residential neighbors - 3
sides. Landlocked property
with 13 neighbors on
property line.
• 180 on-site parking spaces.
• Limited “good neighbor”
parking in front of Mosque
(yellow highlighted line).
• 35 Services/week
• 3,500 attendees/week
11 months/year.
• 5,600 attendees/week
1 month/year.
• 1,167 cars/week
11 months/year (3/car)
• 1,867 cars/week
1 month/ year (3/car).

EXHIBIT 32

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ITEM NO. 8.

Activity/Parking Comparisons with Neighboring Religious Institutions 2 Confidential │ Attorney-Client Privilege
Calvary Church of Los Gatos
Los Gatos Presbyterian Church
Facility and Activity
• 2 entrances/exits on Shannon
Road, 1 entrance and 1 exit on
Cherry Blossom Lane.
• Residential neighbors - 1 side,
Magneson Terrace, Shannon Road.
• Est. 190 on-site parking spaces. 35
spaces leased to Terraces.
• “Good neighbor” on-street parking,
Shannon Road and Cherry
Blossom Lane.
• 1 Service/week – Sunday
• 335 attendees/week.
• 112 cars/week (3/car).

There is little to no impact on neighbors
and there would be little to no impact
on neighbors if their operating
days/hours were similar to LGIC.

Facility and Activity
• 2 entrances/exits on LG Blvd
(1 entrance/exit is traffic light
controlled). 1 entrance/exit
on Shannon, Sundays only.
• Residential neighbors - 2
sides, Shannon and Robie.
• 467on-site parking spaces.
• No provision for on-street
parking.
• 2 Services/week – Sunday
• 400-500 attendees/week.
• 133-167 cars/week (3/ car).

There is little to no impact on
neighbors and there would be
little to no impact on neighbors if
their operating days/hours were
similar to LGIC.

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ITEM NO. 8.

Activity/Parking Comparisons with Neighboring Religious Institutions 3 Confidential │ Attorney-Client Privilege
Shir Hadash
Why review other neighborhood religious institutions? They all have the capacity to more than handle their schedule, attendance, parking, traffic flow, etc., on or around their facilities without any significant impact on their neighbors. They have significant feeder streets leading to and from their facilities. LGIC could operate from any of these facilities supporting its schedule, attendance, parking, traffic flow, etc., on or around such facilities with far fewer impacts to their neighbors than their Farley Road facility. Their current location does not have adequate parking or surrounding infrastructure to support their operations while minimizing impacts to neighbors. This level of activity is not compatible with the residential area surrounding the Mosque.

This review also raises the potential for WVMA use of excess parking at these three neighborhood religious institutions in support of WVMA’s attendance and service schedule.

Calvary Church of Los Gatos, Los Gatos Presbyterian Church, and Congregation Shir Hadash have all spoken in support of WVMA’s request for expanded hours. Based on this voiced support, WVMA overflow parking hosted by one or more of these three Religious Institutions might be an option.

Facility and Activity
• 1 entrance/exit on Shannon Road, 2
entrances/exits on Cherry Blossom
Lane.
• Residential neighbors - 1 side, Hilow
Court.
• Est. 165 on-site parking spaces.
• “Good neighbor” on-street parking,
Shannon Road and Cherry Blossom
Lane.
• 2 Services/week – Friday and
Saturday.
• 200-400 attendees/week.
• 67-133 cars/week (3/car).

There is little to no impact on neighbors
and there would be little to no impact on
neighbors if their operating days/hours
were similar to LGIC.

Shir Hadash has significant parking
lot space accessed via Cherry
Blossom Lane (main entrances) and a
side entrance on Shannon Road. They
also have significant on-street
parking on both sides of Cherry
Blossom Lane (service times do not
conflict with LG Presbyterian) that
has no impact on neighbors. They
have residential neighbors on only
one side of their property. There is
little to no impact on neighbors and
there would be little to no impact on
neighbors if their operating days/
hours were the same as LGIC.

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ITEM NO. 8.

West Valley Muslim Association (WVMA) Activity Profile – 2026 1 Side-by-Side Comparison: Service Activity and Hours of Operation, Proposed Hours for WVMA (See calculation assumptions below).

Religious Organization
at 16769 Farley Road Schedule
Services/
Week
Services/
Month
Hours of Ops/
Week
Hours of Ops/
Month
• WVMA (5AM-11PM) General Hours Daily 35 150 126.0 540.0 • WVMA-R (5AM-12AM) Seasonal Late Hours Daily 35 150 133.0 570.0 • Kingdom Hall Sunday/Tuesday 2 8 6.0 24.0
• First Baptist Church Sunday/Wednesday 3 12 11.0 44.0
Side-by-Side Comparison: Estimated Attendance and Car Count Religious Organization
at 16769 Farley Road
Avg Daily
Attendance
Avg Weekly
Attendance
Avg Monthly
Attendance
(30 Days)
Est. Number of
Cars/Day
(Attend/3)
Est. Number of
Cars/Week
(Attend/3)
Est. Number of
Cars/Month
(Attend/3)
• WVMA (5AM-11PM) 500 3,500 15,000 167 1,167 5,000
• WVMA-R (5AM-12AM) 800 5,600 24,000 267 1,867 8,000
• Kingdom Hall -- 350 1,400 59 117 468
• First Baptist Church -- 600 2,400 67 200 800
Notes:
• Service Schedule for WVMA is 12 to 18 times greater than previous organizations. • Hours of Operation for WVMA are 11 to 21 times greater than previous organizations. • Average weekly attendance of WVMA is 6 to 10 times greater 11 months/year and 9 to 16 times greater 1 month/year (based on prior organizations). • Average weekly car count for WVMA is 6 to 10 times higher for 11 months/year and 9 to 16 times higher for 1 month/year. • Average Daily Attendance = 500/day (Applicant provided at March 31 hearing). Ramadan daily attendance assumed to be 800/day based on 95% of highest attendance days = 850. It is possible that 800/day is higher than the actual average daily attendance during Ramadan.

Service Schedule and Car Count Calculation Assumptions
• WVMA Weekly Service Count is 5 Services/day x 7 days = 35 services/week not including special events. • WVMA Monthly Service Count is 5 Services/day x 30 days = 150 services/month not including special events • Average daily attendance not including Ramadan = 500/day. Average monthly attendance is 500/day x 30 days = 15,000 ✓ Estimated daily car count = 500 attendees / 3 = 167 cars/day. • Average daily attendance during Ramadan = 800/day. Average monthly attendance is 800/day x 30 days = 24,000 ✓ Estimated daily car count during Ramadan = 800 attendees / 3 = 267 cars/day. • Hours of Operation (Requested in updated CUP)
✓ General Hours (Hours of Operation outside of Ramadan): Monday thru Sunday, 5:00 AM to 11:00 PM. Hours of Operation = 18 hours/day ✓ Proposed Hours of Operation during Ramadan: Mon-Sun; 5:00 AM to 11:30 PM (12:00 AM Site Closure). Hours of operation = 19 hours/day

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ITEM NO. 8.

West Valley Muslim Association (WVMA) Activity Profile – 2026 2 Growth Projections
Growth Percentage
Avg Daily
Attendance
Avg Weekly
Attendance
Avg Monthly
Attendance
(30 Days)
Est. Number of
Cars/Day
(Attend/3)
Est. Number of
Cars/Week
(Attend/3)
Est. Number of
Cars/Month
(Attend/3)
Baseline - 2026
• General Hours 500 3,500 15,000 167 1,167 5,000
• Seasonal Late Hours 800 5,600 24,000 267 1,867 8,000
5 Percent
• General Hours 525 3,675 15,750 175 1,225 5,250
• Seasonal Late Hours 840 5,880 25,200 280 1,960 8,400
10 Percent
• General Hours 550 3,850 16,500 183 1,283 5,500
• Seasonal Late Hours 880 6,160 26,400 293 2,053 8,800
15 Percent
• General Hours 575 4,025 17,250 192 1,342 5,750
• Seasonal Late Hours 920 6,440 27,600 307 2,147 9,200
Notes:
• Assume this very vibrant community will grow over time. The growth estimates are based on average daily attendance for General Hours and Seasonal Late Hours = 500/day and 800/day respectively for 2026. • Regardless of the growth rate, activity generated at this site is many times greater than previous uses:
✓ Average weekly attendance related to these growth projections will be 6 to 12 times higher for 11 months/year and 10 to 18 times higher 1 month/year than previous organizations.
✓ Car Count will be 6 to 11 times higher for 11 months/year and 10 to 18 times higher 1 month/year than previous organizations.

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ITEM NO. 8.

From: < >
Sent: Wednesday, April 22, 2026 10:59 AM
To: Jocelyn Shoopman <[email protected]>; Planning <[email protected]>; Gabrielle Whelan <[email protected]>; Joel Paulson <[email protected]> Cc: Sean Mullin <[email protected]>
Subject: Re: Public Comment Item #3 - Specific Requests for WVMA CUP Conditions Public Comment Item #3 - Chronic Conditions, Lasting Health Damage and Long Term Morbidity Requirements for WVMA CUP Conditions - Operating Hours to be in line with a Residential Zoned Neighborhood
Dear Honorable Planning Commissioners,
Thank you for your dedication, diligence, and thoughtful consideration of the application for modification of CUP (U-24-010). We appreciate the Commission’s attention to ensuring that any Conditional Use Permit (CUP) modification remains consistent with the Town’s standards for neighborhood compatibility and protection of our residential neighborhood's safety, health, mental wellbeing.

We urge you to create and include conditions in the request to modify the CUP that will not damage the health and well-being of the people and the families living in the Farley Road Neighborhood. This is especially true for all of the properties immediately adjacent to WVMA, We respectfully request that you take into consideration the scientific research, shared below, that proves the negative health impacts from lack of sleep have on human beings:

Chronic Conditions, Lasting Health Damage and Long Term Morbidity.

We ask that during your deliberation and decision consider how approving any addition to operating hours @ 16769 Farley (CUP Modification Application #U-24-010) will affect the residents’ physical and mental health, and the power the commission has in determining people’s longevity.

These leading research organizations have published the below detailed information on the negative health impacts of sleep deprivation include the National Institutes of Health (NIH/NHLBI), CDC, and major academic institutions like Harvard Medical School, Johns Hopkins Medicine, and the University of Chicago. They highlight risks including cardiovascular disease, diabetes, obesity, and cognitive impairment.

Here are the most prominent organizations and their focus areas:
• National Heart, Lung, and Blood Institute (NHLBI), NIH: A major funder of sleep research, focusing on the connection between sleep deficiency and heart health, obesity, and diabetes.
• Centers for Disease Control and Prevention (CDC): Focuses on population-level data linking short sleep duration to chronic diseases and mental health issues. “Short sleep duration (sleeping <7 hours per 24-hour period) is associated with an increased risk of EXHIBIT 33

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ITEM NO. 8.
chronic conditions (eg, obesity, diabetes, hypertension, heart disease, stroke, anxiety, depression)
• “...highlight the complex interplay among sleep, mental health, and chronic disease, emphasizing the critical role that sleep plays in health outcomes and overall well-being. • With the mounting evidence linking sleep to numerous health problems — from mental health disorders to chronic diseases — it is paramount that we shift our focus toward understanding sleep not as a passive state but as a vital process for brain restoration and regulation.“
• Harvard Medical School / Harvard Health Publishing: Publishes extensive research on sleep’s role in dementia, depression, and metabolic health. • Johns Hopkins Medicine: Highlights the cardiovascular, immune, and mental health (anxiety, depression) impacts of inadequate sleep.
• University of Chicago Medicine: Renowned for studies on how sleep loss affects insulin sensitivity, appetite regulation, and metabolism. “All human beings need sleep. We spend a third of our lives asleep, and it’s as important as food, water or air to our survival. While scientists are still working to understand the exact nature of sleep and why it’s so important to our well-being, decades of research have made it clear that adequate sleep is vital to our physical and mental health. • Among many other things, sleep plays a crucial role in memory consolidation and other brain functions, supporting the immune system and healing after injury or disease, and protecting against heart disease and diabetes.

Research has shown again and again that improving sleep quality and attaining a healthy sleep duration can lead to improvements on all kinds of other health measures and outcomes.

Oregon Health & Science University (OHSU): Known for research linking sleep duration to longterm mortality, often placing it as a higher risk factor than diet. “Circadian rhythms are 24-hour cycles of the body’s internal clock that control the activity of cells and organs and influence behavior “
Sleep deficiency can cause problems with learning, focusing, and reacting. You may have trouble making decisions, solving problems, remembering things, managing your emotions and behavior, and coping with change. You may take longer to finish tasks, have a slower reaction time, and make more mistakes.

On Tue, Apr 21, 2026 at 9:26 PM < > wrote:

Dear Honorable Planning Commissioners,
Thank you for your continued care, diligence, and thoughtful consideration of the application for modification of CUP (U-24-010). We appreciate the Commission’s attention to ensuring that any Conditional Use Permit (CUP) modification remains consistent with the Town’s standards for

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ITEM NO. 8.
neighborhood compatibility and protection of our residential neighborhood's safety, health, mental wellbeing and
As an owner of a property immediately adjacent to WVMA, and in alignment with the Farley Road Neighborhood Coalition, we respectfully request that the following project-specific conditions of approval be incorporated into CUP Modification Application (U-24-010), due to the direct interface between the project site and our residence (see Attachment, Image A).

Recommended Conditions of Approval

1. Perimeter Screening and Privacy Enhancements
Require replacement of existing fencing with increased-height fencing along the entire property line adjacent to the parking lot to ensure adequate screening and privacy consistent with residential adjacency standards. To further expand, replace fencing with taller fences along the entire linear fence line(s) adjacent to the parking lot of WVMA.

2. Noise and Light Impact Mitigation Plan
Prior to final approval, require the Applicant to retain a qualified, Town-approved acoustical and lighting consultant to prepare a mitigation plan that:
o Evaluates existing and projected noise and light spillover and pollution impacts  Note: 3 Permits on file with Town, for "Outdoor Lights/Replacing and Installing Outdoor Lights" Expired-tbc: E22-161 (Issued 10/21/2022); PRE 22- 01163 (PeApplication Accepted 10/6/2022); PRE 22-01102 (Processing 9/21/2022). o Recommends measures including, but not limited to:
 Installation of a uniform mature privacy hedge (minimum 8 feet in height)  Enhanced driveway exit barriers and controls
 Repair of pavement irregularities contributing to amplified vehicle noise o Requires installation of all approved improvements no later than September 1, 2026

3. Independent Noise Monitoring (including Peak Conditions) Require an independent acoustical study during Ramadan peak days and time periods, including:
o Measurement of decibel levels associated with high-volume vehicle exit conditions o Data collection at residential receptors located within approximately 60 feet of the driveway
o Evaluation of compliance with the Town’s Noise Ordinance and General Plan policies

4. Operational Limitations – Sunday Use
To reduce cumulative neighborhood impacts, limit facility use to no more than two Sundays per month between 12:00 PM and 5:00 PM, preserving periods of reduced activity for surrounding residential harmony.

5. Management – Prohibition of Staggered Attendance
Require defined start and end times, and prohibit staggered or rolling attendance patterns that extend traffic generation and parking lot activity durations.

6. Attendance Limits During Sensitive Hours
Limit attendance to no more than 25 persons before 8:00 AM and after 10:00 PM (excluding Ramadan), consistent with prior CUP operational assumptions and necessary to maintain compatibility with adjacent residential zone quiet hours.

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ITEM NO. 8.

7. Hours of Operation – Removal of Extended Closure Time Deny the proposed incremental extension of operating hours to vacate, in order to prevent activity approaching midnight, thereby maintaining reasonable quiet hours consistent with residential expectations and Town standards. Restating that now, more than ever, medical literature shows that restorative sleep is essential to one's health, well-being and longevity.

Please allow us to get the serenity and repose we deserve in our homes. (Reference: Centers for Disease Control and Prevention (CDC) "Short sleep duration (sleeping <7 hours per 24- hour period) is associated with an increased risk of chronic conditions (obesity, diabetes, hypertension, heart disease, stroke, anxiety, depression)."

8. Parking Lot Utilization and Restrictions
Require implementation of a Parking Lot Utilization Plan that:
o Restricts use of parking spaces adjacent to residential properties during:
 All weekends (day and night)
 Weeknights and weekday mornings, except when the lot has reached full capacity o Utilizes permanent or semi-permanent physical barriers to ensure compliance o Is designed to reduce noise, light intrusion, and privacy impacts

9. Traffic Circulation Modification
Require modification of on-site signage to designate left-turn-only exiting movements, directing vehicles toward Los Gatos Boulevard and away from local residential streets, subject to Town traffic engineering review.

10. Operational Logistics (Deliveries and Staging)
• Require all loading, staging, and deliveries to occur on the east side of the property. • Prohibit weekend staging and Ramadan-related deliveries, limiting such activities to weekdays only
Conclusion
The above conditions are necessary to ensure the proposed CUP modification meets the Town of Los Gatos’ required findings related to compatibility with surrounding land uses, protection of residential character, and avoidance of undue noise, traffic, and light impacts.

Absent these measures, the intensity and operational characteristics of the proposed use would result in significant and ongoing adverse impacts to immediately adjacent residential properties.

We respectfully request that the Commission incorporate these conditions to achieve an appropriate balance between the Applicant’s use and the Town’s obligation to protect the health, safety, and welfare of its residents.

We are available to answer questions at the April 22 hearing.

Respectfully submitted,
Attachment(s)
1) Parking Lot Utilization Plan (PDF)

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ITEM NO. 8.

References:

A) Town Of Los Gatos' Town Code #s for Recommended Conditions of Approval in this message:

1. Perimeter Screening and Privacy Enhancements - Los Gatos Town Code §29.20.150 (CUP Findings – compatibility with surrounding uses).

2. Noise and Light Impact Mitigation Plan - Prepare a mitigation plan consistent with §29.20.150 and §16.20 (Noise Control Ordinance)

3. Independent Noise Monitoring (Peak Conditions)
Require an independent acoustical study - Demonstration of compliance with §16.20 and General Plan Noise Element

4. Operational Limitations – Reduce cumulative impacts, consistent with §29.20.150 (public health, safety, and welfare findings).

5. Management – Prohibition of Staggered Attendance - Consistent with §29.20.150 (avoidance of detrimental impacts).

6. Attendance Limits During Sensitive Hours - to maintain compliance with §16.20 (Noise Control) and residential compatibility standards.

7. Hours of Operation – Removal of Extended Closure Time - prevent activity approaching midnight, consistent with §16.20 and §29.20.150.

8. Parking Lot Utilization and Restrictions - Require a Parking Lot Utilization Plan that Reduces noise, light, and privacy impacts per §29.20.150

9. Traffic Circulation Modification - consistent with General Plan Circulation policies and §29.20.150.

10. Operational Logistics (Deliveries and Staging) - Consistent with §29.20.150 (minimization of operational impacts)
B) Centers for Disease Control and Prevention (CDC) "Short sleep duration (sleeping <7 hours per 24-hour period) is associated with an increased risk of chronic conditions (obesity, diabetes, hypertension, heart disease, stroke, anxiety, depression)."

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ITEM NO. 8.

From: Kim Ratcliff < >
Sent: Wednesday, April 22, 2026 10:59 AM
To: Jocelyn Shoopman <[email protected]>; Planning <[email protected]>; Gabrielle Whelan <[email protected]>
Subject: Please add to PC
To: Planning Commission
From: Farley Road Neighbors
We would like to share key facts showing how the West Valley Muslim Association’s (WVMA) operations differ from other religious institutions in Los Gatos. These differences significantly impact our neighborhood's safety and traffic.
��1. High Intensity of Daily Use
Unlike most churches that hold services once or twice a week, the WVMA operates on a highfrequency daily schedule. • Five Daily Prayers: Members perform five obligatory prayers every day. • Constant Traffic: This creates five distinct "surges" of vehicles entering and exiting our neighborhood daily.
• Friday Congregational Prayer: Historically every Friday, the WVMA has held three staggered sessions (12:30, 1:30, and 3:30 PM). This results in four hours of nonstop traffic every single week.
• Comparison: Other local churches may stagger services for holidays like Christmas or Easter, but the WVMA does this 52 weeks a year.
��2. Pedestrian Safety and Infrastructure The physical layout of Farley Road cannot safely support WVMA’s level of foot traffic. • Zero Sidewalks: Unlike Ferris Avenue (home to Faith Lutheran), Farley Road has 0% sidewalk connectivity.
• Active Roadway: To avoid the narrow driveway bottleneck, many parishioners park on side streets and walk in the middle of our unstriped, narrow road. • Conflict with School Routes: This "surge" traffic shares the road with neighborhood children using the "Safe Route to School" for Fisher Middle School. ��3. Unlimited 24/7 Activity
The current draft conditions propose "unlimited usage" for classes, daycare, and community events.
• Community Center Model: Unlike traditional churches, the WVMA functions as a 24/7 community center.
• Constant Programming: With religious classes, social services, and weekend schools, the facility creates a "daisy chain" of traffic that never ends. • Neighbor Impact: Unlimited rentals and events create a permanent, high-intensity environment in a quiet residential zone.

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4. Calvary Church Has Ingress/Egress onto LG Blvd and No Parking Shortage By example, Calvary Church in Los Gatos offers a comparable roster of activities (save the five daily prayers) but its ingress and egress for parking is primarily onto Los Gatos Blvd from multiple two-lane driveways. Surrounded on three sides by commercial or office zoning, and exceeded the minimum 4:1 occupancies to parking requirement. For limited times, Calvary Church allows egress onto Shannon Road. Notably, Calvary Church was required to eliminate vehicle access onto Robie Lane, an adjacent residential street designated as a local street. (Town of Los Gatos CUP Permit U-02-09: Town of Los Gatos, General Plan, Section 5.6 Roadways.) This is why we are asking the Town to include a CUP modification condition of a daily traffic credit/cap. The South Bay Islamic Association at 2345 Harris Way in San Jose (zoned industrial/commercial right of Montague Expressway) has 17 CUP conditions, including 131 AM and 113 PM traffic trips (see attached CUP from 2013).

Thank you,
Kim and Jim Ratclliff

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From: Ajay Dhillon < >
Sent: Wednesday, April 22, 2026 10:20 AM
To: Planning <[email protected]>
Cc:

Subject: CUP 16769
Hello
I am writing to oppose this application. Although I do not live close to this property but I have some friends who do. I own a property on Roberts Road that backs onto the luxury car dealership. We receive significant noise from it and the City has taken no action to protect the homeowners despite repeated attempts. I am afraid a similar situation will arise here if the application is approved. There will be significant noise and disturbance and the City will be either unwilling or unable to act.

I have seen similar issues at our Sikh Temple (Gurudwara) in Fremont where traffic simply overwhelms the neighborhood on Sundays and other religious days. But the big difference there is that our temple was built before the surrounding homes, so the developers and homeowners were aware of the situation. These homes have been around for a long time. The property's design results in a very narrow frontage and it extends deeply, touching many homes.

I request that this application be denied because it WILL surely create a significant nuisance for all surrounding people.

Thanks
--
Ajay Dhillon

Page 1468 ends

ITEM NO. 8.

From: Farley Road Neighborhood Coalition < >
Sent: Wednesday, April 22, 2026 9:36 AM
To: Jocelyn Shoopman <[email protected]>; Alexa Nolder <[email protected]>; Planning <[email protected]>; Chris Constantin <[email protected]>; Gabrielle Whelan <[email protected]>
Cc: Allen Meyer <[email protected]>; Sean Mullin <[email protected]>; Joel Paulson <[email protected]>; Town Manager <[email protected]> Subject: Op-Ed submitted to the Los Gatos Weekly Times and the Los Gatan publications Dear Planning Commission,
On the off chance any of you didn't read the Op-Ed submitted to the Los Gatos Weekly Times and the Los Gatan publications, here's the link to our Op-Ed in the Los Gatan. We also pasted in the text of our submission below.

Thanks in advance for your consideration.

Farley Road Neighborhood Coalition
Farley Road Is a "disaster waiting to happen"
By Farley Road Neighborhood Coalition
Since the 1950s, our Los Gatos neighborhood has been a semi-rural enclave of single-family homes nestled among trees. Our dark, quiet streets were once defined by little more than the sound of cicadas. That changed in 2018, when the West Valley Muslim Association (WVMA) moved into the former Jehovah’s Witness church on Farley Road.

Today, our neighborhood experiences year-round disruption. WVMA’s building has a stated capacity of 1,200 people but only 180 on-site parking spaces. The result is predictable: overflow parking on residential streets, with visitors walking several blocks to the facility. Members travel to the site for five daily prayers and numerous additional activities—up to 14 per day. On Friday afternoons, traffic becomes so congested that residents can be trapped in their own driveways.

During Ramadan, the impact intensifies. For 30 consecutive nights, activity begins before sunrise and extends late into the evening. Vehicles speed, block driveways, and crowd narrow roads with no sidewalks. Pedestrians, including families with young children, walk in the roadway in near-total darkness. Late at night, neighbors are kept awake by car alarms, slamming doors, voices, and headlights shining into bedroom windows. Residents are increasingly concerned that emergency vehicles could not reliably access the area.

A Failure of Oversight
In 2024, residents reviewed WVMA’s Conditional Use Permit (CUP) and discovered it had effectively inherited decades-old approvals granted to the previous tenant, whose operations were far less intensive. The former church held just two weekly services and did not generate overflow parking or sustained traffic.

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ITEM NO. 8.

When residents raised concerns, Town staff acknowledged that applying updated operating parameters, consistent with other religious institutions, seemed reasonable. The Town indicated it would help.

Two years later, little has changed. Neighbors have reported at least 30 apparent CUP and Town Code violation complaints to the Town of Los Gatos Code Compliance officer, providing photo and video documentation in most instances. Yet to date WVMA has received six administrative warnings and never once been cited. Instead, Town staff has recommended approval of WVMA’s application to further expand operations, potentially allowing activity from 4:00 a.m. to midnight, year-round, with no meaningful limits on frequency or intensity.

This raises a fundamental question: why expand permissions for an organization that has not complied with existing ones?
The Reality on the Ground
At the March 31 Planning Commission meeting, Commissioner Rob Stump described Farley Road as “a disaster waiting to happen.” He noted that traffic has increased to approximately 4,000 vehicle trips per week, a dramatic escalation from about 400 on a narrow, unstriped residential road. He also observed pedestrians walking in the roadway at night and expressed concern for public safety.

This is not theoretical. Residents experience these conditions daily.

Why This Matters Beyond Farley Road
Approving a significantly expanded CUP in a residential (R-1) zone does not just affect one street—it establishes a precedent. If the Town allows near–round-the-clock, high-intensity use here, it signals that similar expansions could be permitted in other residential neighborhoods across Los Gatos.

In practical terms, it means any neighborhood with a similarly zoned property could face comparable traffic volumes, parking overflow, and safety risks. Farley Road would not be an exception—it would become the model.

The Broader Constraint
WVMA has argued that its operations are protected under the federal Religious Land Use and Institutionalized Persons Act (RLUIPA). While the law serves an important purpose, its application in cases like this can limit a town’s willingness to enforce local zoning standards.

This issue is not about religion. It is about land use, public safety, and the responsibility of local government to enforce its own codes in a fair and consistent manner.

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ITEM NO. 8.

A Community Asking for Basic Protections
Our Farley Road Neighborhood Coalition represents approximately 70 households within a sixblock radius. We include seniors, families with young children, and working professionals— residents who rely on the Town to safeguard basic quality-of-life standards.

Instead, we have seen reliance on developer-funded noise studies and inaccurate infrastructure data. When the Town reported incorrect street width measurements, residents conducted their own field measurements to correct the record.

Even when impacts do not exceed technical thresholds, they are real. A finding that noise is “within limits” does not mean residents can sleep, or that their health and safety are unaffected.

What We Are Asking For
We are not asking for special treatment. We are asking the Town to do its job:
• Enforce existing CUP conditions and municipal codes
• Conduct independent, unbiased traffic, noise, and environmental studies • Evaluate public safety risks, including emergency vehicle access • Apply consistent standards, as seen in comparable cases such as Hillbrook School The Planning Commission has asked residents to participate in and split the cost of mediation with WVMA. As noted by Town Attorney Gabrielle Whelan, it is reasonable to expect the applicant, who is seeking expanded entitlements, to bear that cost.

At a recent meeting, Commissioner Jeffrey Burnett described this as the most difficult decision of his six years on the Commission. For residents, however, the issue is straightforward. We are not experts in zoning law, traffic engineering, or fire safety. We are simply asking to live safely and peacefully in our homes.

The Town has the responsibility, and the authority, to ensure that outcome. Not just for Farley Road, but for every residential neighborhood that could be next.

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ITEM NO. 8.

From: < >
Sent: Tuesday, April 21, 2026 10:52 PM
To: Jocelyn Shoopman <[email protected]>; Gabrielle Whelan <[email protected]>; Joel Paulson <[email protected]>; Planning <[email protected]>
Cc: Sean Mullin <[email protected]>; Farley Road Neighborhood Coalition < >
Subject: Public Comment Item #3 - Safety Improvements for Farley Road - No Parking (Please Redact personal information from public record(s)).

FRNC proposes a "No Parking" zone be added as a condition to the pending application to modify the CUP, which we believe will help towards providing a safer environment as a low cost and minimal effort.

We understand that the Town's planning process and funding cycles to incorporate the best possible traffic safety scenario may take up to five (5) years. We want to see action taken now to address the concerns raised, and avoid 'a disaster waiting to happen'.

We strongly recommend taking a proactive approach to address the very real safety concerns as a stop-gap for the immediate future (recommend completion prior to February 2027) and request the necessary analysis, reports and studies be conducted for the long-term future plan that includes Farley Road as part of the Town's Safe Street project.

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ITEM NO. 8.

From: < >
Sent: Tuesday, April 21, 2026 10:03 PM
To: Jocelyn Shoopman <[email protected]>; Joel Paulson <[email protected]>; Gabrielle Whelan <[email protected]>; Planning <[email protected]> Subject: WVMA: Facility Life Safety
Please include the attached letter as part of the review of WVMA’s CUP application.

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ITEM NO. 8.
[email protected]
[email protected]
[email protected]
[email protected]
Re: WVMA CUP modification
Dear Planning Commission:

We would like to know if the facility is safe, safe for worshipers and safe for the surrounding properties. The Town must confirm the facility is safe, and the documents provided by WVMA have not demonstrated that the facility is safe.

1. The facilities original design was based on codes in place at that time and based on some level of “use” (intensity and occupant load). It is clear the “use” and level of “intensity” has changed under WVMA.

An occupancy analysis and floorplan code analysis based on the “original use” showing pews, isles, and activities within each room must be provided. And, a new occupancy analysis including a floorplan code analysis needs to be completed based on WVMA’s “use” and level of intensity for each room.

Again, showing required exit egress, isles, and description of use. It will be clear the “use” has changed and intensified, triggering a new code review with requirements placed on the facility per today’s codes, and new occupancy permit will need to be addressed.

2. It is clear, based upon a quick analysis of the original facilities’ “use” and level of intensity, the provided parking mirrored and supported each other. The facilities “use” and intensity level now in place by WVMA overloads the available parking by double.

3. The intensity level now placed upon the facility necessitates that a code review be conducted and a thorough understanding of the code requirements be communicated and implemented. It will be clear that the occupant load has exceeded the life safety features of the facility (egress, exiting, pathways, fire protection, exit lighting, etc.).

We do not want the town liable nor the taxpayers liable should an unthinkable event occur at this facility. A use such as WVMA requires a thorough analysis of the required life safety features under today’s codes.

Enforcement of the life safety codes is essential, and any limitations of the facility must be communicated to all so that we know how the facility can be used safely.

Page 1474 ends

ITEM NO. 8.

From: < >
Sent: Tuesday, April 21, 2026 9:26 PM
To: Jocelyn Shoopman <[email protected]>; Planning <[email protected]>; Gabrielle Whelan <[email protected]>; Joel Paulson <[email protected]> Cc: Sean Mullin <[email protected]>
Subject: Public Comment Item #3 - Specific Requests for WVMA CUP Conditions Please redact any and all personally identifiable information - (email, name(s), residential addresses, IP, host email, PII)
Dear Honorable Planning Commissioners,
Thank you for your continued care, diligence, and thoughtful consideration of the application for modification of CUP (U-24-010). We appreciate the Commission’s attention to ensuring that any Conditional Use Permit (CUP) modification remains consistent with the Town’s standards for neighborhood compatibility and protection of our residential neighborhood's safety, health, mental wellbeing and
As an owner of a property immediately adjacent to WVMA, and in alignment with the Farley Road Neighborhood Coalition, we respectfully request that the following project-specific conditions of approval be incorporated into CUP Modification Application (U-24-010), due to the direct interface between the project site and our residence (see Attachment, Image A).

Recommended Conditions of Approval

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ITEM NO. 8.

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ITEM NO. 8.

Absent these measures, the intensity and operational characteristics of the proposed use would result in significant and ongoing adverse impacts to immediately adjacent residential properties.

We are available to answer questions at the April 22 hearing.

Respectfully submitted,
Attachment(s)
1) Parking Lot Utilization Plan (PDF)
References:

A) Town Of Los Gatos' Town Code #s for Recommended Conditions of Approval in this message:

1. Perimeter Screening and Privacy Enhancements - Los Gatos Town Code §29.20.150 (CUP Findings – compatibility with surrounding uses).

2. Noise and Light Impact Mitigation Plan - Prepare a mitigation plan consistent with §29.20.150 and §16.20 (Noise Control Ordinance)

3. Independent Noise Monitoring (Peak Conditions)
Require an independent acoustical study - Demonstration of compliance with §16.20 and General Plan Noise Element

4. Operational Limitations – Reduce cumulative impacts, consistent with §29.20.150 (public health, safety, and welfare findings).

5. Management – Prohibition of Staggered Attendance - Consistent with §29.20.150 (avoidance of detrimental impacts).

6. Attendance Limits During Sensitive Hours - to maintain compliance with §16.20 (Noise Control) and residential compatibility standards.

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ITEM NO. 8.

7. Hours of Operation – Removal of Extended Closure Time - prevent activity approaching midnight, consistent with §16.20 and §29.20.150.

8. Parking Lot Utilization and Restrictions - Require a Parking Lot Utilization Plan that Reduces noise, light, and privacy impacts per §29.20.150

9. Traffic Circulation Modification - consistent with General Plan Circulation policies and §29.20.150.

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ITEM NO. 8.

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ITEM NO. 8.

LOS GATOS PLANNING COMMISSION 4/22/2026
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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 14

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ITEM NO. 8.

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

CHAIR BURCH: Item 3 is a continuation 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 WVMA, on
property zoned R-1:8, located at 16769 Farley Road, APN 424-21-062. Categorically exempt pursuant to CEQA
Guidelines Sections 15301, Existing Facilities. The
property owner is the WVMA, Osmar Ghafoor is president, the Applicant is Razi Mohiuddin, and the project planner is Jocelyn Shoopman.

We closed the public portion of this item during
the last meeting, however, Ms. Shoopman, are there any
additional comments?
I’m so sorry, Commissioner Thomas needs to recuse
herself. Please give us a moment.

CHAIR THOMAS: I will be recusing myself as I
live in close proximity to this application, so thank you.

CHAIR BURCH: Ms. Shoopman, is there anything to
add to the Staff Report for this item?
JOCELYN SHOOPMAN: Thank you, and good evening.

Staff has nothing to add, just that this is a continued item from the March 31st date, and that there also were two

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Addendum reports and Desk Item reports that were published after the Staff Report with additional public comments, as well as information from the Applicant and their legal
counsel.

CHAIR BURCH: Thank you so much. Are there any
questions of Staff? Oh, I’m sorry. The Town Attorney would like to make a brief statement.

ATTORNEY WHELAN: Just briefly, I wanted to state
something regarding items that have been submitted into the record.

The Town did receive a letter saying that one of
the speakers at the last meeting had said, “Stop the
Islamification,” and Staff has reviewed the meeting video and that statement was not made.

Then I also wanted to comment on a submission of
Next Door comments into the record, and I wanted to clarify that the comments on Next Door do not reflect the views of the Planning Commission or any of the public discussion that has taken place on this topic to date.

CHAIR BURCH: Thank you so much for that
clarification, Ms. Whelan. All right, at this time are
there any questions of Staff? Commissioner Burnett.

COMMISSIONER BURNETT: Yes, I have a question for
Staff. If an applicant comes before the Town and is

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requesting a Conditional Use Permit, and they do not ask for any morning hours, they only ask for evening hours like the 1990 CUP, which was 10:00pm, and the 2020 CUP, which was 10:00pm, are you to assume that the Applicant would be following the Town’s Noise Ordinance or the Quiet Hours? Would that be basically accepted that that would be the hours that they would work with, even though they didn’t mention morning hours?
ATTORNEY WHELAN: Yes. Under the existing CUP,
there is no language addressing morning hour operations, which means that the Town’s ordinance governs, and the
Town’s Noise Ordinance speaks to, noise disturbances, and that has a very specific definition and it does not include cars entering and exiting.

So, when the Applicant came forward for this
modification, Staff and the Applicant viewed it as a good opportunity to make the new CUP match what is actually
occurring onsite, meaning address it, because the existing CUP is entirely silent, which means that the activity is permitted, because there are no restrictions on morning use at this time.

COMMISSIONER BURNETT: I see. That’s a little
confusing. If it’s not asked for in the first place, you

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would assume that an applicant would go by the Town’s Noise Ordinance.

ATTORNEY WHELAN: Yes. I mean, what’s interesting
about the Town’s Noise Ordinance is the Quiet Hours
prohibit noise disturbances during Quiet Hours, and it’s important to look at how the term “noise disturbances” is defined in the ordinance.

COMMISSIONER BURNETT: And the hours, then, if
there were no hours requested?
ATTORNEY WHELAN: You can’t have a noise
disturbance prior to 8:00am and subsequent to 10:00pm.

COMMISSIONER BURNETT: Thank you.

CHAIR BURCH: Any other questions of Staff? Vice
Chair Barnett, and then Commissioner Stump.

VICE CHAIR BARNETT: I’m not sure quite how to do
this. For the Town Attorney. The request from the NAACP was that those inappropriate comments on Next Door not be
considered as part of the hearing. I certainly take that to heart. I think I speak on behalf of other Commissioners to that point, but is there a way that we can confirm that? ATTORNEY WHELAN: Confirm that they won’t be
considered? I think my statement was intended to confirm that those aren’t part of the discussion that’s in front of the Planning Commission. This is a land use decision.

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VICE CHAIR BARNETT: Thank you.

CHAIR BURCH: Thank you. Commissioner Stump.

COMMISSIONER STUMP: At our last meeting the
Commission unanimously recommended that the parties pursue mediation, and so I would like to move to reopen the public hearing to allow both the Applicant and a representative for the Farley Road Neighborhood Coalition to update us on the Commission’s recommendation that the parties agree to mediation. I don't know which party would like to step up first, but that’s my motion.

CHAIR BURCH: We do need to get a second. Is
there a second? All right, Commissioner Mayer. Is there any discussion among the Commissioners? Before we vote on this, I’m going to be extraordinarily clear that this is not a dialogue or a negotiation, this is a succinct question
ask/question answered. All right, all in favor. All right, passes 4-2.

We will now open the public portion of this
public hearing for Item 3 for the specific purpose of
answering questions related to the mediation efforts. Does the Applicant want to come to the podium?
RAZI MOHIUDDIN: Yes, thank you, Commissioners.

We submitted a Desk Item today which actually highlights

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that. I’m happy to go over that, if you want, but we can talk about that.

Following the March 31st hearing we immediately
requested a meeting, as well as proposed equal cost sharing for the mediation, and then also followed that up with a free mediator that was available to conduct a mediation session on April 17th. The neighbors declined that request.

We also had proposed four additional no- or lowcost government mediation services as well as three professional mediators as well. The neighbors came back and they did not accept the low-cost options, or they never acknowledged that, declined the cost, and they submitted an updated list of professional mediators, but also indicated that their lack of availability until fall of 2026. Later we found that that request was actually for a pro bono
request for those mediators, that they would not be
available until fall of 2026.

We did meet with the neighbors on April 16th,
evening, and no meaningful progress was made.

COMMISSIONER STUMP: Just one clarification
question. There was an email that was sent to you and Osmar on April 16th from the neighbors, and it basically said, “As discussed, we are open to participating in an initial nocost mediation session in May with a mutually agreed upon

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mediator as a constructive first step.” That sounds like agreement, was it not?
RAZI MOHIUDDIN: There was no mention of that on
the meeting on October 16th, and it was in the email, but it was already past the time that the free mediation was
available.

COMMISSIONER STUMP: Thank you.

CHAIR BURCH: Is there a representative of the
neighbors that would like to come forward?
MICHELE S.: Thank you for this opportunity. What
is the neighbors’ update on mediation? We have been
actively working on soliciting options, given our task from the motion of the last meeting, with researching and
understanding what mediation means, and have provided an update tonight to the Commission to consider the
feasibility of mediation, and come back tonight with a date certain of April 22nd.

We were not in the mental mindset that we had to
mediate before getting back here on the 22nd, so I just want to clarify that confusion was to consider the feasibility of mediating. We continue to actively investigate the
mediation. We have met with the neighbors and WVMA to
discuss a potential path forward as an initial step.

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We are discouraged to hear that the WVMA
leadership says they would reluctantly consider mediation in the last meeting, and that they are asking the
Commission to make a decision today, even prior to
discussing the mediation feasibility.

We also understand they are unwilling to assume
the full financial responsibility by choice as the
Applicant who is actually requesting the modification to the CUP.

We have contacted nine mediation services and
individuals, including some of the same JAMS affiliated mediators, and Jeff Blum, who was actually referred to the WVMA leadership over a year ago when they reached out and had a conversation a year ago with him. We’ve also spoken with Mr. Blum.

We’ve identified one pro bono, or free, option,
however, they said their earliest availability would be in the fall of 2026, and this may be later at this point,
since several weeks have passed since we engaged with them.

We did identify the nonprofit Center for Human
Development with a couple of different options, which have been submitted under public comment.

We are waiting on one Peninsula conflict
resolution center to get back to us and review our

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mediation request and discuss the free or low-cost options.

We have not had that meeting with them yet.

We have actively engaged in good faith and done
our research. As a neighborhood, we are constrained by
financial hardships, so the options are limited, but again, the Applicant has not the inability to pay, but has chosen not to pay or be financially responsible.

I believe somebody also asked us how much time we
would need, and there are several factors which would
determine the answer to that question, depending on the Applicant’s willingness to pursue mediation, which they told us at our meeting with them that they did not want to pursue it, depending on the Applicant’s commitment to pay for mediation, and depending on finding a balanced mediator who would represent both sides equally. Any questions?
CHAIR BURCH: All right, thank you. I will now
reclose the public portion of the hearing and ask again if my fellow commissioners have questions of Staff, or if
anyone wants to venture a motion. All right, Commissioner Stump, then Vice Chair Barnett.

COMMISSIONER STUMP: Since we’re not moving down
the path of mediation, which I find—I’m sorry, I’ve got to say—very regrettable, because the hope was that we would bring two parties together that could come to us with

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agreement, and with understandably some open items
remaining, but that’s not to be.

So, I would also like to move to reopen the
public hearing to allow the Commission to ask additional questions relevant to the CUP under consideration, since we are moving forward tonight.

CHAIR BURCH: Question to the Maker of the
Motion, to whom are these questions directed?
COMMISSIONER STUMP: To the party requesting the
CUP, to the Applicant.

CHAIR BURCH: Okay. Is there a second?
Commissioner Barnett. Is there any discussion? Again, I’m going to make the statement that I would like for this to be a succinct question and answer, not a dialogue or a
negotiation. I’ll call the question. All in favor?
COMMISSIONER SORDI: (Inaudible).

CHAIR BURCH: Yes, you can.

COMMISSIONER SORDI: So, that is to say that the
Maker of the Motion is limited to his only question, or can we also ask questions? I didn’t have the opportunity to clarify. There were some additional things that were put into the public record that I have at least one question.

CHAIR BURCH: I would like the Town Attorney to
weigh in on this.

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ATTORNEY WHELAN: If the public hearing is opened
for an express purpose, any Commissioners can ask a
question related to that express purpose. And my
understanding of the motion is it’s for the express purpose of asking questions of the Applicant.

CHAIR BURCH: Commissioner Sordi, does that
answer your question? Okay. All right, are there any other questions? All right; I will call the question. All in
favor? Passes 4-2.

I will now reopen the public portion of the
public hearing, and I will ask the Applicant to please come to the stand and answer the questions.

COMMISSIONER STUMP: Thank you, again. At the
last hearing, when you answered the question for what your typical average daily service is, which is about 500
participants, I wanted to ask about a couple of services, particularly the Fajr, the prayer service that is in the morning that. Today I say your requested start time is
4:20am, so somewhere between 4:55am and 5:30am. How many people typically attend the Fajr? You can certainly do this during a non-Ramadan period of time. What is your typical attendance?
RAZI MOHIUDDIN: Sure. Thank you so much,
Commissioner Stump, for asking that question. Generally, it

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depends on weekdays and weekends. Weekends it could be as much as about 100 or a little bit more on that one. On
weekdays, typically it’s anywhere from about 20 to 50 here.

COMMISSIONER STUMP: Do you expect that to grow
over time?
RAZI MOHIUDDIN: Possibly, yes.

COMMISSIONER STUMP: What about during Ramadan?
How do those numbers change for that particular service? RAZI MOHIUDDIN: They typically increase by at
least 50%, or a little bit more possibly, especially on weekends.

COMMISSIONER STUMP: Okay, thank you. Let me go
to the other end, which is Isha, and this prayer service begins I’m going to say between 8:45pm and 9:15pm. How many congregants on average attend Isha? And again, let’s start with outside of Ramadan.

RAZI MOHIUDDIN: Sure. Just to clarify, it’s
called Isha prayer, and the Isha or the nightly prayer
service, it does not always start at 9:15pm. Coming up in May, June, July, and August it will get closer to 10:00pm, and in fact, on the longest days of June it will occur
after 10:00pm. The start time itself is after 10:00pm, so keep in mind that even when its start time is 9:40pm,
typically it takes us in and out about half an hour or

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longer, and that’s the reason we were asking for 10:30pm.

Typically, for the Isha prayer, what happens is because most people are out, it is after work, we see actually an increased attendance on the Isha prayer. When it is closer to 8:00pm during winter months, we might get 80 to 100
people on weekdays, and maybe about 150 to 200 people on weekends.

COMMISSIONER STUMP: Sorry, what was the number
on weekends again?
RAZI MOHIUDDIN: About 150 to 200 on there, and a
lot of times on the weekends we typically have a Friday night program or a Saturday night program of seminars of some kind or the other, and if that happens, then typically that would increase the attendance to about 300 to 500
people, depending on who the speaker is and what the topic is, and so on.

COMMISSIONER STUMP: How about during Ramadan?
RAZI MOHIUDDIN: Ramadan typically is, as I
mentioned to you, it is on the peak days we have seen 800 and some odd folks that I mentioned, 850 or so. During the first week or so there are approximately about anywhere from 500 to 600, and that goes up and down, but that’s just typically the attendance over there.

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The last ten days of Ramadan are considered the
holy days, so we see an increased attendance during the holy days, and especially the two odd nights. The 25th and the 27th night of Ramadan, are considered especially
relevant to our faith, and that’s when we see a lot more attendance on that one.

COMMISSIONER STUMP: But again, to be clear, just
specifically talking about Isha, what is your attendance during Ramadan in the evening?
RAZI MOHIUDDIN: So, the way the Ramadan prayers
work is that it’s the Isha prayer followed immediately by the recitation of the Ramadan things, so when we talk about the Isha prayer and the Ramadan prayers, they are one and the same thing from our perspective, because it’s the Isha prayer immediately followed by the Ramadan prayer.

COMMISSIONER STUMP: But the number of people you
would normally see during that timeframe?
RAZI MOHIUDDIN: Are the same numbers I gave you,
because people will come for Isha, Isha ends, and then
Ramadan Tarawih prayer starts, so it’s one and the same.

COMMISSIONER STUMP: So, you said normally it’s
80 to 100 on the weekdays, and 150 to 200 on the weekends.

RAZI MOHIUDDIN: Yes.

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COMMISSIONER STUMP: And so, you’re saying
similar for Ramadan?
RAZI MOHIUDDIN: No, Ramadan it would be 500, and
going up to a peak of about 850 on a few days, for that month.

COMMISSIONER STUMP: For that particular prayer
time or prayer service?
RAZI MOHIUDDIN: Yes.

COMMISSIONER STUMP: Great, thank you.

RAZI MOHIUDDIN: So, in Ramadan, Isha prayer
precedes immediately before the Ramadan prayers.

COMMISSIONER STUMP: I do have a couple more
questions, but I want to just pause and say if there’s
another Commissioner that has a question, I would like to give an opportunity.

COMMISSIONER SORDI: Thank you. I just wanted to
go back to some of the correspondence from the last few days. I think there was an exchange between you and a
member of the neighborhood group, and you said, “We’ve
already made 20-plus changes addressing traffic, lighting, and noise, and reviewed and responded to each of the 11 items from our closest neighbor that they submitted,” and I think the Commission is at a little bit of a disadvantage because we don’t see that specific list. I was wondering if

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you would be willing to share the list, and if you’d be willing to incorporate those as Conditions of Approval? RAZI MOHIUDDIN: We have shared that list as part
of our first submission that came in, so if you look at the Letter of Justification as well there is a neighbor
feedback document that we had submitted. All of those were already included in the original submission, and I can
point to that thing. I don’t have it in front of me. I can look it up and give that to you, if you want; I can provide that.

COMMISSIONER SORDI: Sort of a question for
Staff, and then a follow-up. I just want to make sure that we are catching these items as Conditions of Approval, and I will say that’s not necessarily required of the Applicant that they agree that they all do so, but it could be that they’ve already been caught in the Conditions of Approval.

I just want to make sure we’re not missing anything.

JOCELYN SHOOPMAN: Thank you for the question.

What the Applicant is referring to is Exhibit 6 of the
March 25th packet. It’s titled, “Neighborhood Outreach,” and starting on page 1 of Exhibit 6 there are 20 items that the Applicant has listed that were concerns from the
neighborhood that they’ve responded to.

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COMMISSIONER SORDI: Okay, but they’re concerns.

It says, “We’ve already made 20-plus changes.”
JOCELYN SHOOPMAN: That’s correct. I can start
reading. Number one is titled, “Feedback reviewed. Reduce noise from gate track.” And then they’ve responded with their actions that they’ve done, and they say, “We
temporarily removed the gate track to reduce noise, which rendered our commercial grade gate inoperable.” And they do that for the next 20 of these.

COMMISSIONER SORDI: Okay. Maybe in Staff’s
opinion, you could just let us know if there is anything in there that would be appropriate to incorporate as a
Condition of Approval, or is it simply just issue brought up, issue addressed.

JOCELYN SHOOPMAN: I can review it now and get
back to the Commission.

COMMISSIONER SORDI: Thank you.

CHAIR BURCH: Commissioner Burnett.

COMMISSIONER BURNETT: I just want to clarify the
parking lot. If you could give me both times. During the 30 days of Ramadan, and I know you deal with the sunset and of course that changes the hours, what time would the parking lot be vacant after the Ramadan services for the different time steps, and then when you don’t have Ramadan?

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RAZI MOHIUDDIN: Sure. What we are asking for in
Ramadan is that we be allowed to use the facility until 11:30pm, and clear the parking lot in the half an hour
after that, so it would be midnight.

COMMISSIONER BURNETT: It would be cleared by
midnight.

RAZI MOHIUDDIN: That’s right. That’s the lot
closure rule that’s included in the draft Conditions of Approval, and just to clarify that, that would be during the time when sunset is before 7:30pm, which would be the case until approximately the year 2041, because Ramadan keeps moving 11 days, and then eventually it will come back before the November timeframe here in about 2041-2042. Then it would be that the request is for until midnight for
operations, and then a half an hour clearing after that.

COMMISSIONER BURNETT: Then when we don’t have
Ramadan, when would the parking lot be cleared?
RAZI MOHIUDDIN: During the other 11 months, we
are requesting 10:30pm operations, and half an hour to
clear the parking lot, so 11:00 o'clock.

COMMISSIONER BURNETT: It would be empty by 11:00
o'clock.

RAZI MOHIUDDIN: That’s right. Yes.

COMMISSIONER BURNETT: Thank you.

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CHAIR BURCH: Commissioner Stump.

COMMISSIONER STUMP: I have two other questions
just about your services. How does your Friday prayer
service fit into your schedule, and what’s the average
attendance at a Friday prayer service?
RAZI MOHIUDDIN: I’m not sure I understand the
schedule part of that thing.

COMMISSIONER STUMP: The one of 1:30 on Friday
afternoon.

RAZI MOHIUDDIN: Typically, the Friday is equal
to the Sunday for the Christian faith, or the Saturday for the Jewish faith, as an example. It is considered the holy day. The Friday prayer is a required prayer in
congregation. You have to pray it in congregation, and it’s called Jumuah. Jumuah essentially means Friday actually, to be honest with you, and it actually replaces the midday prayer, the Dhuhr prayer, effectively. And depending on whether it is daylight savings time or daylight regular time, it occurs either at 1:30 or 12:30 here.

We typically have up to three prayers in our
Saratoga Prospect Center, and currently only have one
prayer in Los Gatos at 1:30pm. There is a sermon portion of the prayer, which is about 20-25 minutes, and then the
prayer portion… The entire thing is considered prayer, it

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is approximately half an hour long, so it goes from 1:30 to 2:00-2:05, something to that effect.

COMMISSIONER STUMP: What’s your typical Friday
attendance for that service?
RAZI MOHIUDDIN: Typically, it’s on the order of
about 400-500 people.

COMMISSIONER STUMP: I’m just going to put it in
the category of events, and I don't know if I’ve got all of your events properly identified, but maybe focusing on
weekend events, how many do you host? And as I understand it, it could be a community or charitable event, it could be a festival, it could be a wedding, receptions, maybe rental of your facility under the terms that are under the CUP. How many events would you say you’re holding per month that would fall into that category?
RAZI MOHIUDDIN: This is a very important
question that I think I would like to answer in the
following way.

If you look at generally congregations, any kind
of congregations, they’re busy at work, they’re busy at school, and they’re busy at other things, so generally what happens is we as a mosque can really offer any kind of our services, usually on the evenings and on the weekends, over here. One of the things I always say is that we try to

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essentially make sure that there is something or the other is happening in the mosque every Friday and every Saturday evening on there. So, from our perspective we would like to have actually events on Fridays and Saturdays on a regular basis, and then we of course have Sunday School on Sunday, as well as other activities on the Sunday on the day.

We also currently have a number of other programs
that happen, like for example, Tuesday evenings there is a program called Siraat, which is for young professionals.

That happens every Tuesday, and then there are other
smaller or bigger programs that happen on an ongoing basis in the evenings.

COMMISSIONER STUMP: You definitely have a full
schedule. I have a few more questions, promise.

This one is just about growth. Obviously, you
look at the people who are here. You’ve got a vibrant,
growing community, and so as you take a look at your mosque here in Los Gatos, what sort of growth rate are you looking at on an annual basis? Obviously, you’ve got history from when you started here in 2020, but 2024, 2025, and so
forth, what do you expect to see in the way of growth?
Percentage is fine. I don’t need to have numbers, but what sort of growth do you see over the next two to three years?

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RAZI MOHIUDDIN: I don’t have a particular number
in mind, to be honest with you, Commissioner Stump. I think generally what happens is that mosques, when they become full, they spawn off other mosques in there, which is kind of what has happened across the board.

Like I mentioned, I used to actually be president
of MCA 25 years ago, and realized that there is a community that was growing in the West Valley area, and founded the West Valley Muslim Association.

So, if these mosques get full, effectively,
whenever their capacity gets full, they will spawn off
different additional, but at some point we will essentially hit that ceiling and we’ll actually have to move to make sure that the other things get spawned off.

COMMISSIONER STUMP: I guess a follow-up to that
would be looking at an average daily attendance of 500
people, at what point would you have to consider spinning off based on that type of attendance daily?
RAZI MOHIUDDIN: I don’t think we have a max at
the daily level basically, right? The way that I would look at where we would hit that cap is when we can no longer accommodate people for our biggest Ramadan activities. And I can tell you that at about 850, we probably are reaching kind of the max. It’s not quite there. Twelve hundred is,

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of course, the Fire Code max, but I think we cannot
probably go further than maybe about 900 or 950 or so. So, at that point in time we are already maxed out, and then they will actually have…
Now, I have actually already heard from our
congregation that a lot of people are not coming to our mosque because of the traffic, because of all of the
concerns around the neighbors, and things of that nature.

So, we are already seeing a movement toward community
members potentially talking about finding another location in addition to that, not as a replacement, as an addition to the Los Gatos facility.

COMMISSIONER STUMP: Thank you for that. And my
last question, as we’ve seen in the documentation, there has been discussion from time to time about what if the neighbor’s pursue permit parking? That’s not our decision here, I’m just saying what if they pursue permit parking and get permit parking, I’ll say, in that neighborhood
surrounding your mosque? What would you do at that point in time from a parking perspective?
RAZI MOHIUDDIN: We, of course, would not like
that, but if that’s what the condition is, we’ll have to figure out how to accommodate that. On Sunday I was driving by Mission College and there’s a big church there next to

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it, and I can tell you that every surrounding street was filled with parking of people that were going in there.

Every religious facility that I know of actually has some level of overflow in terms of especially on their holy days that happens, so restricting us in that sense is actually denying the ability for us to actually practice our faith to the full possible things.

For the most part, we are actually within our
usage over there. On Fridays, there may be some amount of spillover, so one day of the week, and then of course
Ramadan, we are spilling over a little bit during some of the days, and a lot more on a couple of days.

I think to put an enforcement thing in place for
a permit parking for 365 days a year is doing a disservice to the community and to our ability to practice our faith there.

COMMISSIONER STUMP: Let me just ask one followup, since I guess we would say it is primarily Ramadan that creates the biggest congestion. Would you consider
voluntarily, during Ramadan, looking at alternate parking accommodations that would not involve on-street parking? RAZI MOHIUDDIN: We have already done that.

Affordable Treasures was actually exactly for that reason:
we wanted to actually work with them and negotiate with

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them and talk to them about getting additional parking
spots, and we’ll continue to do that. We’ll go talk to
Sunbelt Rentals. Next time around we’ll go talk to some other ones down the street for that.

What we want to avoid is any kind of shuttle or
anything like that, because that creates essentially an undue burden on us. We have limited time between sunset and Ramadan prayers, so that’s the reason we are looking for a nearby parking lot where we can actually have parking, and then people are allowed to come in. We, of course, will continue to do that, yes.

COMMISSIONER STUMP: Thank you very much.

CHAIR BURCH: All right, do any of my other
Commissioners have questions? Seeing none, thank you. I will again close the public portion of the public hearing and ask again of my fellow commissioners are there any
questions of Staff, or does anyone want to venture a
motion? Commissioner Stump.

COMMISSIONER STUMP: Of course, me. I’d like to
ask three questions about the CUP, the draft. I’m speaking specifically to number 13, Noise Mitigation, and let me give you a chance to locate it. Do you have it? Great,
thank you.

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Can you clarify what the first paragraph means,
“amplified outdoor sound, which would be in violation of Town Code, is prohibited unless…” Do that mean no outdoor amplification? Because it’s not really that clear in this statement.

JOCELYN SHOOPMAN: It’s referring back to
Sections 16.20.015, which is the Noise Ordinance of the Town, and so it would be directing Staff to review that section regarding amplified outdoor sound, which I can look up right now unless the Town Attorney… 16.20.015.

COMMISSIONER STUMP: I guess what I would
probably add right at this point is the response we
received from WVMA today. They’re interpreting it as no amplified outdoor sound, so I’m trying to figure out are we clear on amplified sound? And their interpretation of it is no outdoor amplified sound.

CHAIR BURCH: Could I ask a question of Public
Works while Ms. Shoopman and Mr. Mullin look up that
answer? I noticed in some of the information that we
received there were, again, some questions regarding fire safety and emergency vehicle access, and I just like if you could again share the interactions that you did have with the Police and Fire regarding this application.

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MIKE VROMAN: Good evening, Commissioners. Mike
Vroman, Town Traffic Engineer. Thank you for the question.

We did not interact with Police, but we asked
Fire to go out and to assess Farley Road between Flintridge and Los Gatos Boulevard. They confirmed that they have no access issues. They agreed that there are a few pinch
points, but overall, the street width is 36’ or better in most locations, and there is no problem with parking on both sides of the street, and there are no concerns with emergency access. Staff did go out and follow-up and take initial measurements, and confirmed the pinch points, as was noted by some of the Neighborhood Coalition, and there are pinch points, but there wasn’t a concern to Fire, and for the most part the street is 36’ or more in width.

CHAIR BURCH: All right, thank you very much. Are
there any other questions for Parks and Public Works?
Right. Then we will wait.

SEAN MULLIN: Through the Chair, just for a point
of clarification, Commissioner Stump, are you asking if there is ample information in the Town Code to determine what amplified sound is?
COMMISSIONER STUMP: No, it’s just whether
amplified outdoor sound can be used, period. Outdoor sound.

And again, as I said, I’m referring to the memo sent in by

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West Valley Muslim Association today that basically in the right-hand column stated, “No amplified outdoor sound,” so I just want to make sure we’re on the same page with them.

DIRECTOR PAULSON: I’ll jump in just anecdotally.

They may have looked at if they use amplified sound they wouldn’t be able to turn it up enough to be effective
without exceeding the Noise Ordinance could be a potential issue that they’re raising. I read it as you potentially could have amplified sound, but you’ve got to comply with the Noise Ordinance, so there just may be a practicality perspective, but I haven’t had that conversation with them.

COMMISSIONER STUMP: I assume that we could make
it a Condition of Approval that there be no amplified sound used outdoors.

DIRECTOR PAULSON: I’d defer to the Town Attorney
on that.

COMMISSIONER STUMP: Okay, thank you. My final
question here was on number 22, Deliveries. It says,
“Delivery by vehicles exceeding 26,000 pounds,” I’m not sure how big a truck it is, but it sounds pretty big to me, “shall occur between 8:00am and 8:00pm, Monday through
Saturday.” My question is why that many days or weekend, and that timeframe, 8:00am to 8:00pm? Was that a request,

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or is that just something we’re providing on kind of a
standard basis?
SEAN MULLIN: I can start, and others can jump
in, but I don’t believe it was a request, and I think the Monday through Saturday may coincide with typical
residential deliveries. If you think about Fed Ex, Amazon, and other carriers, typically they don’t operate on
Sundays.

COMMISSIONER STUMP: But how big is a 26,000
gross vehicle weight rated?
SEAN MULLIN: I can try to look up something.

COMMISSIONER STUMP: I mean, it seems like it
would be a 24’ truck or something like that, so I was just trying to understand what’s being allowed here and why it’s being allowed, because it seems like potentially a pretty big vehicle going down Farley Road six days a week, 8:00am to 8:00pm. The other thing is it may not be that big a
deal. They may not have trucks coming to their property that are that size and have those kinds of deliveries.

SEAN MULLIN: Just based on a quick view, that’s
about the maximum size truck that you could rent without having a Class A license, so any of us could rent that.

It’s the size of a large Ryder truck, single rear axle.

COMMISSIONER STUMP: Thank you.

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CHAIR BURCH: As it is nearly 8:00 o'clock, we
are going to take a brief break, and then we will come back for further discussions. Thank you.
(INTERMISSION)
CHAIR BURCH: All right, thank you, everybody. We
are now back in session. I believe we were pending a
response to a question, or do we have that response
finalized? Ms. Shoopman.

JOCELYN SHOOPMAN: Yes, thank you for that. In
Exhibit 6 the Applicant listed 20 concerns that they’d
heard from the neighborhood, and then they responded to each of those. Some of them, Staff was able to incorporate Conditions of Approval to address, others, Staff did not. I can kind of get into the ones where there were Conditions of Approval that were not included.

The first being the request to refinish the
parking lot to reduce noise. There was not a Condition of Approval to address this.

The next was changing the gardener timings to
avoid evenings and weekends, so there is not a Condition of Approval specific to the frequency of a gardener.

The next was removing the Right Turn Only sign on
the exit driveway. There is not a Condition of Approval addressing this.

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The next was implementing a shuttle during
Ramadan. There is not a Condition of Approval regarding this.

Parking away from neighbors’ fences when
possible. Again, not a condition specific to this.

Using the Saratoga Prospect Center instead of the
Farley Road facility.

And then finally, providing advance notice of
special events.

So, those specifically Staff did not incorporate
Conditions of Approval in response to.

CHAIR BURCH: Any further questions to Staff?
COMMISSIONER SORDI: I guess in hindsight, or I
guess just revisiting those items, is there any particular reason? I can see how in some cases it was appropriate not to include as a Condition of Approval, but some of them are pretty simple, like refinishing the parking lot. I don't know if that’s something we could leave as a private
commitment between the two parties, or whether we want to add a Condition of Approval.

JOCELYN SHOOPMAN: I can start with refinishing
the parking lot. Staff did look at that, but typically when you include it as a condition, you’re going to include a time that it needs to be completed by, and so Staff wasn’t

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able to come up with a specific time, but it’s certainly a conversation that the Commission could have this evening.

CHAIR BURCH: As a follow-up to that, we were
told that there was a plan in the future to rework part of that parking lot. Would it be acceptable to state as part of that future project all of the parking and drive aisles are repaired?
ATTORNEY WHELAN: Yes, that is legally
defensible.

CHAIR BURCH: All right. Any other questions of
Staff? Commissioner Burnett.

COMMISSIONER BURNETT: Thank you. I had a followup question on the noise mitigation, number 13. We only had one Town Code Section, 16.20.015. Why did we not add in

16.20.010 and 16.20.030? Could those be part of… Because that would address other noise.

ATTORNEY WHELAN: We always debate what code
sections to specify that people have to comply with,
because really, they have to comply with all Town Code
sections. I think we did talk about referencing the Noise Ordinance as a whole, and so that could be done. We opted against it, but it could be done.

Then I just wanted to follow-up on the question
about the interpretation of the first sentence. Right now,

Page 1512 ends

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it reads, “Amplified outdoor sound, which would be in
violation of Town Code Section 16.20.015, is prohibited unless specifically authorized by the Community Development Director.” That is not prohibiting amplified sound
altogether, it’s saying amplified sound that exceeds the Town’s decibel limits is prohibited.

COMMISSIONER BURNETT: Thank you.

CHAIR BURCH: As a follow-up to that, if the
Commission felt inclined, there could be an additional
statement added to that condition just stating that no
amplified noise is allowed on the site?
ATTORNEY WHELAN: Yes, and it would be important
to put facts into the record explaining how it’s not a
substantial burden, how it serves a compelling interest, and that it’s the least restricted means of serving that interest. So, basically, what problem is being solved, and that it’s the best way to solve that problem.

CHAIR BURCH: Okay, because ultimately the Noise
Ordinance solves the problem then, if I understand this correctly.

ATTORNEY WHELAN: Although I don’t believe we
have a Noise Ordinance section that prohibits amplified sound altogether, and so if the Commission is interested in

Page 1513 ends

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adding that as a condition, I would recommend that it be a standalone condition.

CHAIR BURCH: Okay, thank you. Are there any
other questions of Staff right now, or does anyone want to venture a motion? Vice Chair Barnett. It’s okay, it’s
probably a lot, so take a moment to get your thoughts
together.

VICE CHAIR BARNETT: A little lengthy, but bear
with me. This motion relates to Item 3 on tonight’s agenda, which is a request to modify an existing Conditional Use Permit for expanded operations for a religious institution, West Valley Muslim Association, on property zoned R-1:8 located at 16769 Farley Road, APN 424-21-062.

I move to approve the draft resolution, Exhibit 2
of the original Staff Report at pages 23-26, which includes the required findings to grant the request to modify the existing use permit for extended hours of operation,
including the findings required for CEQA for compliance with the zoning regulations and for those required for a Conditional Use Permit.

Approval of this resolution constitutes approval
of the application, subject to the conditions found in
Attachment A, at pages 27-31 of the Staff Report. I note that this is the recommendation of Staff. Additionally, I

Page 1514 ends

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move the following conditions of approval and modifications be added:
1) That the Applicant provide offsite parking
during Ramadan.
2) That Condition 17 concerning the driveway
operation be amended by adding that the applicant may
remove the Right Turn Only sign at the exit driveway.
3) That the Applicant provides contact
information for multiple board members and staff at all times, and explore setting up a single phone number that routes all of them to neighbors’ inquiries, comments, and complaints. The contact information shall be posted on the Applicant’s website.
4) The Applicant shall submit its application for
the parking lot expansion it references in the Staff Report within six months, and complete construction within one year. The parking improvements shall add at least 23 new parking spaces. Additionally, within six months the parking lot shall be repaired so that cracks, bumps, or other
anomalies do not contribute to noise generation during the passing of vehicles, and that thereafter the parking lot shall continue to be maintained to avoid conditions
resulting in such noise generation.

Page 1515 ends

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5) The Applicant shall, within one year, complete
its application process to construct a door for the purpose of allowing pedestrian ingress and egress without walking through the parking lot, and complete such construction within that year.
6) That Condition F-21 be amended to require
notice that the specified calendar provide at least 60- days-notice in advance of events and activities rather than one month.
7) The Applicant shall submit to staff within six
months an application for a Fence Height Exemption for the purpose of adding two feet to the height of the fences
around the perimeter of the property for the purposes of mitigating noise and light pollution.
8) The Applicant shall plant a hedgerow adjacent
to all of its perimeter fences, or alternatively, plant a variety of native trees and shrubs for the purpose of sound and light mitigation additionally. The specific plants and their box size at time of planting shall be based on
discussions between the Applicant’s representative and
Staff. The objective of these plantings is that they be maintained at a height of eight feet.
9) That only the interior of the lot be used for
food vendors.

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10) Compliance with the conditions of approval
shall be annually reviewed by the Planning Commission.
11) That Staff request County Fire to confirm the
occupancy limit for the mosque and evaluate whether its present and proposed use is as described in the application in the Staff Report and during the hearings on this
application, and is or is not in compliance with the
occupancy limit. Further, that Staff request County Fire to provide a written report concerning traffic safety on
Farley Road and surrounding streets during Ramadan
observances.
12) That the applicant provides a written notice
to the congregants in the window of five to ten days prior to events anticipated to draw 100 or more persons reminding them of the speed limit on Farley Road and neighboring
streets, and of the recommendation for carpooling, and to avoid speaking or otherwise generating noise while using the public street for ingress and egress. Car beeps from locking and unlocking doors are exempted, as are the
opening and closing of car doors. Additionally, activities that may be related to funerals are exempted from the
requirement of notice to the congregants under this
condition.

Page 1517 ends

ITEM NO. 8.

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13) That the applicant shall request that the Los
Gatos-Monte Serreno Police Department provide increased patrols during Ramadan, and that it posts an electric sign on Farley Road during Ramadan showing the speed limit.
14) That there be no amplified sound outside the
buildings constituting the mosque.
15) That deliveries be limited to Monday through
Friday, 8:00am to 6:00pm.
17) That the Noise Ordinances of the Town of Los
Gatos are specifically adopted as conditions in the CUP, and as a request and not a condition that the applicant consider the use of the portable planting beds and screens as proposed by Mr. Zian Zuatren (phonetic) in his letter of April 20th, which was distributed by Staff yesterday.

My motion is based on full consideration of the
Staff Report, including all supplements, and which includes the report and letter from Salter and Associates. My motion is further based on consideration of all of the oral
testimony that has been presented in these chambers.

My proposed condition that notice of events be
provided to the neighbors 60 days in advance is to provide them the opportunity to plan their personal activities, which could be affected given limited street parking and possible noise generation.

Page 1518 ends

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My proposed condition requiring annual review of
the CUP compliance is based on the unique situation
presented here where a residential community is located directly adjacent to the mosque, and that the size of the congregation has expanded greatly over the years.

My motion is further based on the Town Attorney’s
explanation that the Conditions of Approval in the Staff Report were vetted by outside counsel.

Also, I find that the opinion of the Town
Attorney and of the Applicant’s legal counsel regarding the applicability of the CEQA exemption to be persuasive.

I wish to note that a number of the suggestions
by the neighbors are already addressed in the Town Code, and that there was no need to add those.

We need to make the findings regarding no
amplified noise, and I would say, again, the consideration there is the proximity of the mosque to the residences and their need for quiet enjoyment of their home, and I would also note that the Applicant indicated that that is, I
believe, not something that they do anyway.

Finally, my motion is based on the consideration
of the legal consequences of a RLUIPA violation that must be carefully considered.

So, that’s my motion. Thank you, Chair Burch.

Page 1519 ends

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CHAIR BURCH: I will second the motion, but I
would like to ask for a couple of amendments to the motion, if I may.

I don't know if Condition of Approval 17 is the
correct one for this, but as far as vehicle traffic and driveway operations, I would like, as part of the traffic plan put together specifically for high volume events, that consideration be made to ensure that ingress and egress of neighboring driveways is considered, and people are allowed ingress and egress of their homes.

On Condition 8 of yours I would like to specify
that the shrubs or hedges are three-gallons or larger to ensure that initial plantings are large, and that the
plants selected grow 2’-4’ per year.

Than as far as on Condition of Approval 20, I
would specifically like to make sure that we address the property directly across from the facility, and that the Applicant work with that neighbor specifically to either provide plantings, or moveable planting barriers, or
something, to reduce headlight intrusion into their home.

Is that acceptable to the Maker of the Motion?
VICE CHAIR BARNETT: Absolutely. Thank you for
adding those.

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CHAIR BURCH: In addition, fellow Commissioners,
I thought what might be the most prudent now would be to start going through the Conditions of Approval. I’m just going to start at the beginning and move down and ask with each one if there are comments, questions, or any proposed additions that would be made to the motion. Is that
acceptable to my fellow Commissioners? All right.

General Condition 1: Approval and Substantial
Conformance. Are there any comments?
Condition 2: Expiration.

Condition 3: Lapse for Discontinuance.

Condition 4: Compliance Memorandum.

Condition 5: Interpretation and Implementation.

Condition 6: Town Indemnity.

Condition 7: Permitted Use.

Condition 8: Living Quarters.

Condition 9: Occupancy Limits.

Condition 10: General Hours.

Condition 11: Seasonal Late-Hours Exception.

Condition 12: Windows and Doors.

Condition 13: Noise Mitigation, with the
additional comments. I’m sorry, Commissioner Stump.

Page 1521 ends

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COMMISSIONER STUMP: Just a quick check with the
Maker of the Motion. I think that I heard no amplified
outdoor sound in your motion. Thank you.

CHAIR BURCH: Correct. Commissioner Burnett.

COMMISSIONER BURNETT: Yes, and I would like also
the other two Noise Ordinances added in.

CHAIR BURCH: Specifically written into the
conditions?
COMMISSIONER BURNETT: I’d like all three of
them.

VICE CHAIR BARNETT: I incorporated the Noise
Ordinance.

CHAIR BURCH: He did. He incorporated the Noise
Ordinance into this. That is one of his conditions.

COMMISSIONER BURNETT: I just want to make sure
they are all covered.

CHAIR BURCH: Yes.

COMMISSIONER BURNETT: Thank you.

CHAIR BURCH: Thank you for clarifying. Anything
else on Condition 13: Noise Mitigation? Commissioner Stump.

COMMISSIONER STUMP: I would like to recommend
during the Quiet Hours, which encompasses two of the prayer services, that there be attendance ceilings for those
particular times. Something that would look like during

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general hours the Fajr prayer service would be 75
participants on the weekday, 125 on the weekends. For Isha, 125 on a weekday, 250 on a weekend. And then seasonal late hours, Fajr prayer service, 175, and this is during
Ramadan, the Isha service maximum occupancy for their
facility.

CHAIR BURCH: To the Maker of the Motion, is that
an acceptable addition?
VICE CHAIR BARNETT: I’m inclined against it, but
I’d like to ask the Town Attorney if that would be
consistent with federal law?
ATTORNEY WHELAN: Any condition that we add will
have to pass that three-part test, and the first question will be does it pose a substantial burden? In my opinion, based on the testimony that that’s the present number of attendees, I don’t believe it would be consistent with a substantial burden. Then if a court were to find that it was a substantial burden, the Town will need to explain what the compelling interest is that’s being served. Then we’ll need to explain why that’s the least restrictive
means of serving that interest, and so it might be good for the Commission to have a discussion on what interest is served by limiting the number of attendees.

Page 1523 ends

ITEM NO. 8.

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CHAIR BURCH: I would take advisement. So, do you
want to discuss what your thought process is, and what that is mitigating?
COMMISSIONER STUMP: Well, the thought process is
just being sensitive to the neighbors in their Quiet Hours, and what volume of people are going to be traversing to and from the mosque at those periods of time. The figures that they gave, I increased them by probably 25% of weekdays, weekends, to give a buffer. You know, the number may not be perfect, and maybe it’s something there could be further discussion about as the Staff finalizes the final draft for us, but those numbers I specifically asked about tonight, and then like I said, added about 25% to the number.

CHAIR BURCH: Vice Chair Barnett.

VICE CHAIR BARNETT: I’m not prepared to adopt
that, and presumably we could vote separately on it.

CHAIR BURCH: If the Maker of the Motion does not
wish to adopt that.

ATTORNEY WHELAN: Remind me, does the original
motion have a second? That’s what’s under discussion right now.

CHAIR BURCH: Correct.

ATTORNEY WHELAN: And so, Commissioner Stump was
proposing an amendment, and the Maker of the Motion was not

Page 1524 ends

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open to that, and so the discussion of the original motion can continue.

CHAIR BURCH: Right. Thank you.

COMMISSIONER STUMP: So, then, the amendment is
not accepted by the Maker of the Motion?
VICE CHAIR BARNETT: Correct.

CHAIR BURCH: All right. Anything further?
ATTORNEY WHELAN: I should say, Commissioner
Stump does have the ability to propose an alternative
motion, and there can be up to three motions under
consideration at any time.

CHAIR BURCH: Understood, understood. Anything
further on Noise Mitigation. All right.

Condition 14: Lot Closure Rule.

Section D: Condition 15: Monthly Communication.

Commissioner Stump.

COMMISSIONER STUMP: Sorry, I missed this under
Noise Lighting, which I didn’t expect lighting to be under noise. But I would like to see that we’re talking about full cut-off, downward directed, motion activated, because those lights do stay on all night in a dim mode, however, if they are motion active, it still would provide the
mosque with the security they desire, because if someone walks through that parking lot or enters the property, the

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lights will come on, so I’m asking that motion activated be added.

CHAIR BURCH: I would like to ask a quick
question then first of Parks and Public Works, because it is my understanding that the California Building Code
requires that there be a minimum foot candle level on at all times during dark hours, is that correct?
SEAN MULLIN: I can’t speak to that code. You
probably know it better than I do. I will note that if
that’s the case, the Town’s lights out front do something similar where there’s a dim mode, and then as you approach them with motion, they come to full on, so the technology is out there, I’m just not sure about the Building Code requirements for foot candles.

CHAIR BURCH: I would say what you’re doing
actually meets the code minimum, and the motion sensor
brightens it more. Obviously, they have to meet code no matter what. Would a note more that they are at a dim level and then anything more is based on a motion sensor, or how would you like to word that?
COMMISSIONER STUMP: I guess I would certainly
follow the code. I mean, if the code requires lights to remain on, a big concern of the neighbors, understandably, lights even in the dim mode are still going to come into

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their sphere, at least for the 13 people that share
property lines with them.

CHAIR BURCH: Understood.

COMMISSIONER STUMP: Thank you.

CHAIR BURCH: Perhaps we could craft something
stating that lights during the night will be at the code minimum level to ensure that there is no brighter allowed during the night. Would that be acceptable to the Maker of the Motion?
VICE CHAIR BARNETT: Absolutely.

CHAIR BURCH: All right. I was, I think, on
Condition 15. Was there anything on Monthly Communication? Condition 16: Parking Lot Monitoring.

Commissioner Stump.

COMMISSIONER STUMP: One area of concern, and it
just depends, if there is literally offsite parking during Ramadan, it reduces a lot of the issues, but it’s really important that we either have professional people that are going traffic management out there, or specific training for volunteers, because it can be a dangerous situation out there for all concerned, and so I would be asking that
parking attendants will be hired or will be trained
volunteers to ensure adequate knowledge and safety. And the

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same thing with the folks that are doing traffic
monitoring, that they be either hired or they be trained.

CHAIR BURCH: Is that acceptable to the Maker of
the Motion?
VICE CHAIR BARNETT: Well, no, because I spent a
lot of time researching this issue, and the Police
Department would be the only resource to do that, and if they’re willing to do it, fine, but I have my severe doubts about that, and there is no other private local safety
service that can do that; there is only certification for school traffic monitors. I guess there’s no harm in saying training by the police, but I think it might be impossible to comply with a more general statement of training. I
don’t think it’s out there, and I really wanted to find it.

COMMISSIONER STUMP: Yes, at minimum I would ask
that we put in training by the police. At least we’re
identifying it as an issue. Thanks.

VICE CHAIR BARNETT: I would agree to training by
the police, if available.

CHAIR BURCH: Yes. Obviously, it’s going to be up
to the police, but I do think we should encourage the
training, and I agree with that addition. Commissioner
Burnett.

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COMMISSIONER BURNETT: I have a question for the
Chair. We will be able to add additional conditions of
approval?
CHAIR BURCH: Yes, I just wanted to take the
opportunity now to go through these, and then I have an assumption that there are a few people that may have
additions.

COMMISSIONER BURNETT: Okay. Thank you for
clarifying.

CHAIR BURCH: All right. Condition 17: Driveway
Operations.

Condition 18: Event Parking Overflow Plan. Ms.

Whelan.

ATTORNEY WHELAN: I did hear Chairperson Burch
mention consider ingress and egress in relation to
Condition 17.

CHAIR BURCH: Yes.

ATTORNEY WHELAN: If the Commission is going to
add a condition, in order for it to be enforceable, it
should be very specific about what is required. We don’t have to solve that problem right now, but at some point when we finally prepare the condition, there should be some discussion of what needs to happen with regard to ingress and egress.

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CHAIR BURCH: Okay. Thank you for that
clarification.

Condition 18: Event Parking Overflow Plan.

Section E: Facilities and Site Design.

Condition 19: Electric Gate. Commissioner Stump.

COMMISSIONER STUMP: I don't know if this is a
big deal, but obviously the electric gate has been an
issue, and I know we’ve used the words sound reducing, but it really should be a sound dampening that is employed in whatever gate replacement goes on.

CHAIR BURCH: Is that acceptable?
VICE CHAIR BARNETT: Yes.

CHAIR BURCH: I’m actually just thinking about
the meaning of dampening versus reducing, but okay. Is that acceptable?
VICE CHAIR BARNETT: Yes, thank you.

CHAIR BURCH: All right, that is acceptable to me
also.

Condition 20: Landscape Plantings. Commissioner
Stump.

COMMISSIONER STUMP: I agree with everything that
has been put forward, but one of the challenges we heard from at least one neighbor that’s on the fenceline is that because of the condition of the fence, when headlights come

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on, they do go through, and it will take quite a while for shrubs to take care of that. A couple of options that we would look to obscure the headlights would be with a
privacy mesh or windscreen, and then today we did receive a very unique proposal from a member of the mosque that shows a planter with effectively the same material I’m talking about, like a windscreen that would obscure lights from going through, and that they could just actually be rolled into place. So, either one of those options until shrubbery or other actions will remove headlights from going through, penetrating fencing into neighbors’ yards.

CHAIR BURCH: Is that acceptable to the Maker of
the Motion?
VICE CHAIR BARNETT: Yes, I think it’s a good
idea to look into screening or some other way of addressing that, mitigating the light issue pending the growth of the plants.

CHAIR BURCH: That is acceptable to me too. I
wasn’t sure, Commissioner Burnett, did you have your hand raised for Condition 20, Landscape Plantings? Maybe not.

All right, on to Section F: Community Interface.

Condition 21: Activity Calendar and Community
Interface. Any comments?

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Condition 22: Deliveries. Obviously, there was a
modification made by the Maker of the Motion. Are there any comments?
Condition 23: Compliance Review.

Section G: Other Conditions.

Condition 24: High Attendance Guidelines.

Condition 25: Compliance with Laws.

All right, that gets us through the Staff’s
recommended Conditions of Approval with, obviously, the modifications made by the Maker of the Motion and the
Seconder of the Motion. Are there additional comments or additions? Commissioner Stump.

COMMISSIONER STUMP: I would like to put forward
a second motion, and it would be the same motion with
amendments that Commissioner Barnett has put forward, but with the prayer service maximum attendance guidelines that I proposed for both their general hours and their seasonal late hours.

CHAIR BURCH: Is there a second? Commissioner
Burnett. Is there any discussion? So, again, as we look at these I just want to be very clear. Could you please remind us again, as we make a motion like that that starts
limiting attendance, what the criteria is so that we can discuss this properly?

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ATTORNEY WHELAN: Yes, the first question will be
does it impose a substantial burden on the congregation’s ability to worship; and then if it does, the second
question is what compelling government interest is being served; and then the third is, is the Town imposing the least restrictive means to accomplish that interest?
I also have other things that the Commission
should think about. There is also a provision providing that the Town can’t treat a religious institution on less favorable terms than a non-religious institution; that’s called the Equal Terms Provision. And then, the Town can’t discriminate amongst different faiths, but it is fair to articulate reasons why these particular conditions are
needed at this location.

CHAIR BURCH: Can I ask a question about the
second one? About the compelling government interest. Are those objective or subjective standards, and how do we
determine that?
ATTORNEY WHELAN: They can be subjective, because
one of the parties submitted a case where the 9th Circuit did hold that neighborhood preservation was a compelling government interest.

CHAIR BURCH: Honestly, I had not asked to call a
vote on the first one, so…

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ATTORNEY WHELAN: I interpreted Commissioner
Stump’s motion as an amendment to that first motion.

CHAIR BURCH: It was not.

COMMISSIONER STUMP: No, I (inaudible).

CHAIR BURCH: His is actually a second motion,
and adding that that (inaudible).

COMMISSIONER STUMP: I thought we could put three
motions on the table at the same time.

CHAIR BURCH: Yes, you can have. My question is,
if there is not a third now, which I’m going to ask, do we just go one at a time and do the vote?
ATTORNEY WHELAN: Yes.

CHAIR BURCH: All right. Is there further
discussion about the motion? Commissioner Burnett.

COMMISSIONER BURNETT: Yes, I have further
comments and additions to the motion.

CHAIR BURCH: I assume that that is going to be
requested of both Makers of the Motions, since essentially Commissioner Stump’s is incorporating…
COMMISSIONER BURNETT: The second motion, not the
first motion.

ATTORNEY WHELAN: It sounds like Commissioner
Burnett is interest in proposing a third motion.

COMMISSIONER BURNETT: No.

Page 1534 ends

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ATTORNEY WHELAN: Okay.

COMMISSIONER BURNETT: I would like to discuss
the motion made by Commissioner Stump.

ATTORNEY WHELAN: Okay, and are you asking if the
Maker of the Motion is open to amendments?
COMMISSIONER BURNETT: Open to discussion on
that?
CHAIR BURCH: The reason I’m asking is
Commissioner Stump’s motion was incorporating Vice Chair Barnett’s motion, only with the addition of the
limitations, so if I assume that she’s going to ask for additions, I need both Makers of the Motions to agree to those.

ATTORNEY WHELAN: That’s correct.

CHAIR BURCH: Okay.

COMMISSIONER BURNETT: What I would consider, and
I don’t feel there is a substantial burden that would be placed on the mosque, and I have reasons for that, and I can go into that.

I feel that there should be a limit to the amount
of attendees limited to the amount of parking available, because we are piecemealing this all together. Lights,
fences, gates, noise. The overarching issue here is the traffic, and I know we’re talking about hours, but because

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our CUP, you have to have findings that there are no safety issues, and no health issues, and after looking at all the evidence, documentations, and myself actually visiting the last night of Ramadan and seeing the traffic and the issues there, I feel safety and health, early morning sleep
deprivation, our CUP addresses those, and those would be a big concern in this.

If I could move forward and say why I think this
would not be a substantial burden, I can do that.

CHAIR BURCH: Please. Please share as much as you
can, so that we can determine.

COMMISSIONER BURNETT: Let’s see, there are
several prominent Islamic centers in the immediate area region that operate successful Jummah only, which is the Friday prayer, without offering the five congregational prayers like the Saratoga Prospect Center, and the
Peninsula Muslim Association. In addition, the Muslim
Community Association in Santa Clara, and the South Bay Islamic Association on Harris Way in San Jose are designed specifically to handle the traffic, parking, and
infrastructure required for the five daily congregational prayers and late-night services. These regional facilities are situated in a non-residential zone that are better
equipped for high-volume transitions, whereas Farley Road

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is a very narrow residential street and lacks the necessary infrastructure.

And I might say most attendees at our Los Gatos
mosque are not Los Gatos residents, but travel from other places, so this would not be an inconvenience to them,
because they would be traveling to Los Gatos, they would be traveling to these other places that are more appropriate, I think.

So, I cannot make the required findings in our
CUP. I find based on extensive material presented,
attendees, their questions that are answered, and by my own observation of the late night at Ramadan where there was speeding and single drivers coming down off Los Gatos
Boulevard, turning very quickly onto Farley on a very dark street. I felt it was very unsafe.

Also, interestingly enough, on February 26, 2026
the direct admission from the West Valley Muslim
Association here in Los Gatos, the faculty admitted that they were operating under unsafe conditions and relating their key concerns about admitted danger. The Applicant has explicitly acknowledged that the lack of pedestrian access is unsafe for everyone. There were traffic hazards; the bottleneck described creates significant safety risk for

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vehicles entering and exiting the property, impacting
public streets.

And then there is fire and light safety. A site
that lacks dedicated pedestrian egress and ingress, and forces foot into active vehicle lanes poses a severe risk for emergency evacuations and first responders, and that comes from the pre-application (inaudible).

So, for those reasons, I think the whole thing
can be solved by limiting the attendees by how much the parking lot can hold. You don’t have foot traffic, you
don’t have traffic along the street, and it actually solves all the questions. Now, if you add more spaces and you can have other-site parking, that could always be in other
conditions added to the Conditions of Approval, but
piecemealing it all together, trying to do lights, fences, gates, I mean, maybe because I’m a nurse and you have to look at the overall health here in trying to solve the
problem in one medication.

CHAIR BURCH: May I ask one clarifying question?
COMMISSIONER BURNETT: Yes.

CHAIR BURCH: Is it limited to parking onsite, or
would that also include parking leases, such as Affordable Treasures?

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COMMISSIONER BURNETT: I would say that that
could be part…that that could be added in as…
CHAIR BURCH: So, if there is a parking lease
nearby, that would be acceptable?
COMMISSIONER BURNETT: I think that that would
be, and I think we could add maybe a few other things into the conditions, but for overall, I think our objective is to try to solve the problem.

CHAIR BURCH: Is there discussion? Hold on really
quickly. Did you have a clarifying question that you wanted to ask to help you with this?
COMMISSIONER SORDI: I didn’t pick up all of
Commissioner Stump’s wording associated with the attendance limit. If he could restate it, if he didn’t mind.

CHAIR BURCH: Please.

COMMISSIONER STUMP: (Inaudible).

CHAIR BURCH: They are related, to me, so I would
like that clarified, because I believe that she was adding onto your motion, so for somebody else to agree to that… Well, theoretically, so to me these are tied, so please clarify, and then I’ll ask the question.

COMMISSIONER STUMP: The one I stated was this
was, you could call it, prayer service maximum attendance, and during general hours, that would be 11 months of the

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year, during the Fajr prayer service it would be limited to 75 participants weekdays, 125 on the weekends. For the Isha prayer service, again, during the 11 months of the year, 125 during the week, 250 on the weekend.

And again, I grossed these up by about 25% over
the numbers that were shared to account for growth.

In the seasonal late hours, Fajr prayer service
would be limited to 175 participates, so that’s been
boosted up and above for the 11 months of the year, and then obviously for the Isha Tarawih prayer service, they’re maximum occupancy, so there’s really not much to state
there, whatever their maximum occupancy is, they’re hitting that right now.

CHAIR BURCH: Thank you. So, now that we do have
an addendum to the motion, and because this is a bit of a layered situation, I want to ask Vice Chair Barnett first, is that an acceptable amendment to the motion?
VICE CHAIR BARNETT: Commissioner Burnett’s
proposal?
CHAIR BURCH: Yes.

VICE CHAIR BARNETT: I’m afraid I got lost with
the additional information that was provided, but I did have a question for her regarding how she has the
information regarding the residences of the mosque.

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COMMISSIONER BURNETT: I’m sorry, the residences
of the mosque?
VICE CHAIR BARNETT: Yes, you said the majority
of the mosque congregants were not from Los Gatos.

COMMISSIONER BURNETT: Oh, I did a summary when
there was a list of the members, and I counted the members from Los Gatos, and they were far fewer. Everything was 25% of the overall number that responded.

CHAIR BURCH: I’m going to try to summarize, and
you correct me. I believe what Commissioner Burnett was saying is that she was going to limit the number of
attendees to the available parking both onsite and via a parking lease.

VICE CHAIR BARNETT: That’s acceptable to me, the
Maker of the Motion.

CHAIR BURCH: Okay, which by then Commissioner
Stump defaults, since you were building off of, so if that is something that we want to have incorporated, that needs to be developed into a third motion.

COMMISSIONER STUMP: My sense is that it’s
already complicated, and we’re making it more complicated, so I would prefer to stay with what I put forward as a
motion as far as the maximum numbers, morning Quiet Hours, evening Quiet Hours.

Page 1541 ends

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CHAIR BURCH: All right. Any further discussion
of the two motions? Commissioner Stump was first, and then Vice Chair Barnett.

COMMISSIONER STUMP: Again, you might say why am
I doing this? I submitted two items that came out as Desk Items today, and if you look, everything is dated April 22nd, obviously, but look for Exhibits 30, 31, and 32. It says, “Exhibit 32 includes Commissioner comments.” That would me. So, if I could have you go there, it would be helpful, and unfortunately there aren’t any page numbers on here, but it’s this one here with the yellow highlight; it’s some tables.

CHAIR BURCH: So, first to my fellow
commissioners, does everybody have a copy of this? It was in Item 3, Desk Item?
COMMISSIONER STUMP: Yes, go to the table.

CHAIR BURCH: Well, I want to make sure they
actually have this in front of them.

COMMISSIONER STUMP: As we’ve taken a look at
this and trying to understand the impacts to the Farley Road neighborhood and surrounding neighborhoods, obviously just did a comparison between the use today versus prior uses, and I’m just going to highlight a couple of things here.

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As you can see, services per week: the West
Valley Muslim Association, 35 services a week. Kingdom
Hall, Jehovah’s Witness, two. The First Baptist Church, three. Hours of operation per month: four. General hours:
540 hours per month. Seasonal late hours: 570 hours per month. Kingdom Hall Jehovah’s Witness, 24 hours a month.

And First Baptist Church, 44.

So, when we hear the neighbors talk about impact,
this is why. They see this tremendous increase and
activity, and then if you look down below, look at average weekly attendance and an estimated number of cars per
month, the yellow columns. Average weekly attendance:
3,500. During Ramadan, and this estimate may be high, but it’s higher during Ramadan, obviously: 5,600. Kingdom Hall was 350 a week. First Baptist Church, 600 a week. Estimated number of cars per month for general hours: 5,000. For
Ramadan, 8,000. Kingdom Hall, 468. First Baptist Church, 800. Volume significantly different.

The second page, I was asking about growth,
because let’s face it, we’re trying to deal with a real volume issue, traffic flow, and parking right now. And
again, as I say, and I mean this as a compliment, this is a vibrant community. They’re going to grow until, as Razi said, they can grow no more, because they’re just going to

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outgrow that facility; it will be somewhat self-capping.

But when you take a look at these numbers in growth, and I’m looking at average monthly attendance and estimated cars per month. Just in general hours, growth between 5%- 15% would mean 750 to an additional 2,250 in attendance per month. During the seasonal late hours, 1,200 to 3,600
additional attendees. And the estimated number of cars per month, 250-750 during the general hours, 400-1,200 during Ramadan.

That’s why it’s so important that we try to
address this now, because it’s going to continue to grow.

It’s going to continue to grow, so that’s why I was trying to put something in that would meter and be a realistic attendance number for before sunrise services and the
evening services. Thank you.

CHAIR BURCH: I have a quick question for the
Town Attorney, if I may? I just want to clarify based on how we are supposed to be deliberating, are we making the decision today based on the potential impact of this
application to previous religious organizations, how they functioned in the space, or based on the current CUP in place?
ATTORNEY WHELAN: It should be impacts of the
current activity on the neighborhood, because there is the

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non-discrimination provision in RLUIPA, and I understood his comments to be talking about why there are differences between the different denominations, and why there might be a need for added conditions for some denominations.

CHAIR BURCH: Okay, thank you for that
clarification. Vice Chair Barnett.

VICE CHAIR BARNETT: I guess for Ms. Shoopman or
other members of the Staff, has the Town imposed
congregation limits on any other religious institution in the Town? And following that, the Town Attorney’s comment regarding the non-discrimination requirement under RLUIPA.

JOCELYN SHOOPMAN: Thank you for the question.

I’ll start, and other Staff may want to jump in. There are other religious institutions in the Town with Conditions of Approval that are related to the number of seats, since that’s the way that the Town looks at this type of use for parking; it’s related to the number of seats. There are certainly some CUPs that list a maximum seat capacity,
because it’s related to their onsite parking.

CHAIR BURCH: And was there a follow-up to that
that you had to the Town Attorney?
VICE CHAIR BARNETT: Yes, I’d be interested in
the Town Attorney’s comment regarding the legality of
limiting attendance at a religious institution when the

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actual attendance is not restricted for other religious institutions in town. I understand the seating issue, but there could be standing, for example.

ATTORNEY WHELAN: Probably the most conservative
course of action would be to limit attendees to the
available parking. But, on the other hand, there is an
argument to be made that there are impacts in the early morning hours, and there might be disturbances due to the amount of traffic in the early morning hours.

CHAIR BURCH: Commissioner Stump.

COMMISSIONER STUMP: By the way, I would be
willing to make that change that was just suggested. That would be the capacity of the parking lot, instead of trying to tie it to attendees participants.

CHAIR BURCH: Tentatively, how would that be
phrased and similar to what Commissioner Burnett was just saying? Does that become limited to the available parking onsite, or parking onsite along with legal parking leases? COMMISSIONER STUMP: All of it is about trying to
count it and figure it out ultimately, right? But I would say limited to parking onsite. I think that provides them greater flexibility as well.

CHAIR BURCH: How does that equate to a head
count?

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COMMISSIONER STUMP: Well, if we go with kind of
the average number of people that are in a car, that will mean they could have up to 180 times three, figuring three people per car. I don’t think in practice it’s probably that high, but it could be three times 180, two times 180.

CHAIR BURCH: To clarify, to the Town Attorney,
would that be a modification to his own motion, or is that a different motion? Is he canceling his first motion?
COMMISSIONER STUMP: Can I…
CHAIR BURCH: Yes, please do. This is all new.

COMMISSIONER STUMP: I’m trying to do something
that would be supportable, that’s logical, and by the way, we can wave off my page two on growth, but what you see on page one is today, what I shared. That’s the reality of what’s going on, and so the neighborhood is impacted, and how do we give some relief to the neighborhood, at the same time being fair and allowing the mosque to observe their religious requirements, traditions, etc.? That’s the rub here.

So, I’m happy to stay with the numbers I
provided, because I think the numbers are fair. Of course, that’s according to me, Mr. Math, or capping it somehow.

But it’s giving the residents something more certain about

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the activity that’s going to be there in the early morning hours and in the late evening.

ATTORNEY WHELAN: Honestly, I think either method
is most likely defensible, because other congregations
don’t have the early morning services and the late evening services year-round. I do think it’s important to
accommodate the present number of attendees for the Ramadan services, and so if the Commission does decide to go with the parking measurement, I would recommend include offsite leased parking areas as well.

COMMISSIONER STUMP: You would say to include
offsite parking as well?
ATTORNEY WHELAN: In the count for Ramadan,
because the Commission briefly discussed limiting the
number of attendees to the amount of available parking, and in order to accommodate the present number of Ramadan
attendees, offsite parking would be required.

COMMISSIONER STUMP: So, then, if I understand it
right, it would be the general schedule could stay to the maximum capacity of the parking lot, no offsite parking.

But for Ramadan, we would recognize offsite parking in
parking lots on Los Gatos Boulevard as acceptable? Is that what you’re saying?

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ATTORNEY WHELAN: I think that’s defensible, and
it is up to the Commission’s decision.

COMMISSIONER STUMP: Okay. Can I go ahead and try
to restate it at this point in time?
CHAIR BURCH: Please.

COMMISSIONER STUMP: I have more paper.

CHAIR BURCH: It’s a lot. It’s fine.

COMMISSIONER STUMP: So, then, if we go back to
prayer service maximum attendance for general hours: the Fajr prayer service will be limited to 180 cars and
participants, so it will be limited to onsite parking.

Isha, during general hours will be limited to onsite
parking. Seasonal late hours: Fajr prayer service onsite parking and offsite parking. Same with Isha and Tarawih prayer service. We’ve already said max occupancy with,
obviously, access to offsite parking.

CHAIR BURCH: I want to make sure with the Town
Attorney that reads, because just stating parking to me doesn’t have a number of people to it, so I want to check.

If you’re not concerned about that, then you’re just
limiting parking and cars. I want to clarify that, if
that’s what you mean.

ATTORNEY WHELAN: The way I interpret it is under
the current scenario I believe there is 180 spaces, and the

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Town Code says four occupants per vehicle, so it would be four times 180. Then, if the parking lot were to be
expanded to 230, it would be four times 230.

CHAIR BURCH: Is that change amenable to the
Seconder of the Motion? All right. Is there any discussion among the Commission on either motion? Commissioner Sordi.

COMMISSIONER SORDI: Just really quick, did we
want to clarify leasable offsite? If we have some way to document that, that’s what it was.

CHAIR BURCH: You’ve had leasable offsite
included?
COMMISSIONER SORDI: Just to clarify the offsite
parking as it relates to this motion would be documented (inaudible).

ATTORNEY WHELAN: The Planning Manager just asked
me the very same question, and so by offsite, I meant
leased parking.

COMMISSIONER STUMP: And Vice Chair Barnett, did
you not in your motion include no on-street parking during Ramadan, that it would be offsite parking?
VICE CHAIR BARNETT: The intent of my motion did
not have any limitations on the building, other than
verification of the occupancy limit. I never included a congruent limit.

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COMMISSIONER STUMP: No, but I thought you spoke
to offsite parking during Ramadan.

VICE CHAIR BARNETT: Yes, as a requirement. The
first condition was that the Applicant provide offsite
parking during Ramadan.

COMMISSIONER STUMP: Instead of on-street
parking, it would be offsite?
VICE CHAIR BARNETT: I did not mean to limit it.

CHAIR BURCH: He did not state in lieu of street
parking, he just stated that they would need to find leased parking also during Ramadan, I assume in an effort to
reduce the number of cars on the street, but he did not say no parking on the street. Mr. Mullin, is my…
SEAN MULLIN: That was my understanding.

VICE CHAIR BARNETT: I might add that we need to
consider walk-ins and Drop-offs. As long as we’re meeting the occupancy limit of the building, it seems to me that we can’t tie people to the parking spaces in the parking lot.

As was mentioned, in very large congregations there is
going to be street parking.

I do agree that there’s a tremendous problem with
the volume of cars that are involved here, and I’ve really struggled with that, because I think the neighbors have genuine concerns, objective concerns, but I’m very much

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concerned that we do not violate federal law by imposing restrictions that are unreasonable.

From my perspective, it’s unreasonable to limit
the number of occupants beyond the occupancy restriction.

In other words, tying it to parking may be less than the occupancy restriction.

COMMISSIONER STUMP: But practically, more than
what their expected attendance is, so I think there’s a big buffer in there for this to be workable for the mosque.

CHAIR BURCH: Commissioner Burnett.

COMMISSIONER BURNETT: I just want to clarify,
right now they have 180. They plan to add 23. That gives you 203 parking places. If you say four people per car, which I think would be fair, we’re talking about 812
people. So, I mean, the maximum during Ramadan, one of the numbers was around 800, the average is 500, so I think
maintaining parking lot attendance as what we’re looking for here, not even looking at offsite parking now, because now we have a number that would accommodate most of the services, so I don’t understand. If it didn’t work, they could always come back and make some adjustments in six months, see how it works. I don’t know why we would even have to go to offsite parking. This would take care of a lot of issues from my perspective.

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CHAIR BURCH: Vice Chair, do you have any
thoughts on that? No comment, okay. Commissioner Mayer.

COMMISSIONER MAYER: I’d like to ask a clarifying
question to Staff, please. I think, Ms. Shoopman, you
brought this up earlier. Does the Town restrict occupancy beyond what the Building Code says in any other religious congregation in town? I know you mentioned it was tied
somehow to the max seating of a facility. Can you clarify that?
JOCELYN SHOOPMAN: Thank you for the question. I
am not aware of any other CUPs in the Town that restrict further to what you’re describing. All of the conditions are related to onsite parking; they’re not related to the occupancy of the building.

DIRECTOR PAULSON: And for further clarification,
in other words, we don’t have the occupancy limits for
every religious institution in town currently.

CHAIR BURCH: All right. Commissioner Stump.

COMMISSIONER STUMP: I guess what I was saying is
that even if we limited these services on the general 11 months a year to their parking lot, they currently have 20- 50 people participating prior to sunrise, and they have 100 participating on the weekend, and that’s for Fajr. And then

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for Isha, 80-100 in the evenings during the weekend, 150- 200 weekends.

That could clearly give them all kinds of
headroom and growth by having those services be fully in their parking lot. Because again, 180 times three, whatever you want to multiply it by, they’ve got tremendous
capacity, so I don’t think it would be constraining. Sure, I guess there is a limit there at some point that you would say you can’t go past that reasonable number, and again, that would be somewhat self-limiting, based on how people arrive at the mosque, carpooling, etc.

CHAIR BURCH: Here’s where my concern is, right,
wrong, or indifferent. Obviously, we’re not worried about the days that there are 25 people there. To be candid, this is all very much about peak services during Ramadan, and my worry is we then limit something that we are not limiting in other religious institutions in the Town. That’s where my discomfort comes from, and my concern comes from.

Commissioner Stump.

COMMISSIONER STUMP: I guess I would say is there
another religious institution in Town that needs to be
limited? The reason I say that, in the document that I
provided I did a parallel look at the mosque, which
remember, it’s a landlocked mosque, it’s a landlocked

Page 1554 ends

ITEM NO. 8.

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property. They have about five spaces of what I’d call good neighbor parking.

If you go to Calvary, they’ve got 467 parking
spaces. Their average attendance is 400-500 a week. A week.

They don’t have a parking problem. Los Gatos Presbyterian, they’ve got 190 parking spaces. They are bringing in 355 people a week. A week. Shir Hadash, across the street, 135 parking spaces. They’re bringing in 200-400 people a week.

Everything can be parked there, and on Los Gatos
Presbyterian, plenty of good neighbor parking, because they only have neighbors on one side. Shir Hadash, neighbors on one side. They have plenty of good neighbor parking on
Shannon Road and on Cherry Blossom. Same with Los Gatos Presbyterian. Cherry Blossom and Shannon Road that fronts their property.

So, I do think this is somewhat of a unique
situation that we have here. I hate to give this analogy, but maybe with the opening of Whole Foods, what was here before was kind of a Mom-and-Pop grocery store, and what we now have is a Whole Foods, with the kind of traffic that this is generating. And again, please, I don’t say that in any derogatory terms, folks, I don’t; I just can’t come up with an analogy to describe the increased volume that this neighborhood has experienced. It’s real.

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I don’t want to be insensitive to everybody. I’d
love to have a win-win, and that’s why I recommended
mediation, because I wanted to see the groups come together with a professional facilitator to try to narrow some
things down and then come back to us with the things that can’t be worked out. Anyway, thank you.

CHAIR BURCH: I agree with you there. Vice Chair
Barnett.

VICE CHAIR BARNETT: One question that could be
asked if whether three people per car with an accurate base point to start, and I don’t think any of us know the answer to that, and I’ve seen many families walking together from off-street parking, but if the number is actually
significantly lower than we’re really capping the operation of the religious institution.

COMMISSIONER STUMP: And just so you know where
my number came from, Vice Chair, I was given the peak day for Ramadan this year was 850, and I asked Razi, “Can you just estimate the number of cars?” He said, “No, I can tell you exactly, because I counted them that night. There were 280 cars.” So, using the modern math, I said 850 divided by 280 equals three. Now, that’s just one data point, so
that’s where the three per car came from, and it could be wrong. I don’t think it’s four. It could be three. What if

Page 1556 ends

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it’s two? That means 360 people, so it’s still a big number from an attendance perspective.

CHAIR BURCH: Discussion from other
Commissioners? Ms. Whelan, at this point if we’ve
deliberated and talked, do I call for the first motion and then the second, and I assume Commissioners can only vote once? Can you clarify this, since it’s the first time we’ve done it this way?
ATTORNEY WHELAN: If I remember, the second
motion was adding elements to the first motion, so I would have each Commissioner vote on the first motion, followed by a vote on the second motion.

CHAIR BURCH: So, if one person voted yes on the
first one, do they vote on the second one just as no, or can they…
ATTORNEY WHELAN: I would have them vote again,
and then you’ll know if both the first and the second
motion passed, or if only the first motion passed.

CHAIR BURCH: What if they both… Okay. All right.

Commissioner Burnett.

COMMISSIONER BURNETT: I just want clarification
again. This is confusing to me. I thought the motions… I want that clarified. Are we voting…

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ATTORNEY WHELAN: It sounds like first there will
be a vote on Vice Chair Barnett’s motion, followed by a vote on Commissioner Stump’s motion.

COMMISSIONER BURNETT: So, we have two motions?
They’re separate? Okay. Thank you.

CHAIR BURCH: Separate, yet tied. All right, so
then, I’m going to call the vote on the motion put in place by Vice Chair Barnett. Do I just go down the line, or do I just call the vote as normal for something like this?
ATTORNEY WHELAN: I would call it as normal.

CHAIR BURCH: Okay, great. All in favor? Opposed?
All right, so we have a second motion on the table from Commissioner Stump. All in favor? Opposed? All right,
neither motion passes.

ATTORNEY WHELAN: I think another option would be
for someone to put forth a new motion.

CHAIR BURCH: Let me ask this, because I think
that’s going to take probably a little bit of thinking. Can we take a short break? All right; we’re going to take a short break. Ten minutes.
(INTERMISSION)
CHAIR BURCH: I want to thank you for letting us
take a few minutes to get some thoughts together. I’m now opening the Planning Commission meeting again.

Page 1558 ends

ITEM NO. 8.

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We had two motions on the table. Both votes were
a tie, so I’m going to ask my fellow commissioners if there are any further questions of Staff, or if another motion wants to be ventured? Commissioner Stump.

COMMISSIONER STUMP: I’d like to try another
motion. Instead of restating everything that’s been stated, because it’s in the record, I am going to move to accept all of the contents of Vice Chair Barnett’s motion, with the addition that prayer service maximum attendance is
going to be tied to parking.

For the general hours, for the Fajr and the Isha
prayer services, it will be limited to their onsite parking currently of 180 spaces. Obviously, if the parking goes up, the number will go up as well, but 180 spaces.

For the seasonal late hours, the Fajr prayer
service during Ramadan, the onsite parking would be limited to 180 for the Isha Tarawih prayer service in the evening; it’s their maximum occupancy that would be in play for
Ramadan. I see a question.

CHAIR BURCH: Yes. Previous parts of that motion
had included parking leases, such as Affordable Treasures.

COMMISSIONER STUMP: That’s still in.

CHAIR BURCH: That’s still in this motion?

Page 1559 ends

ITEM NO. 8.

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COMMISSIONER STUMP: Yes, I’m pulling everything
along and just adding this addition clarifying it.

CHAIR BURCH: So, what I need you to do is,
again, walk through you’re talking about AM prayer, PM
prayer. Say that to me one more time.

COMMISSIONER STUMP: The two different, I’ll call
them calendars for their mosque, general hours, which is 11 months of the year, the Fajr prayer service, which is presunrise, would be limited to 180 parking spaces on their site. The Isha prayer service, which is the evening prayer service, would be limited to 180 vehicles, limited to their parking onsite.

Then for the seasonal late hours, which is
basically Ramadan, for that 30-day period, the Fajr prayer service would be limited to the 180 parking spaces on their site, and for the Isha Tarawih prayer services, they can go to their max occupancy for their facility.

CHAIR BURCH: My question still stands. You’re
saying this only based on onsite parking. Earlier
discussions have said taking into consideration onsite
parking and potentially the 35 or 36 they have at like
Affordable Treasures.

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ITEM NO. 8.

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COMMISSIONER STUMP: Yes, obviously for Ramadan
it’s got to include offsite parking for that. Yes, that absolutely includes offsite parking.

VICE CHAIR BARNETT: Question. If the parking
lot, I assume you’re increasing the numbers to two twenty (inaudible).

COMMISSIONER STUMP: I think that’s fair. At the
time that it is, and I guess if we’re going to review this next year, that would be the time to pick it up.

SEAN MULLIN: Through the Chair, I want to double
confirm that Vice Chair Barnett’s original motion accepted Staff’s conditions and added, I counted, 18 additional
pieces. The first one was to seek offsite parking leases.

Confirming with Commissioner Stump that outside of Ramadan, that’s not the case, that the limit would be based on the 180…
COMMISSIONER STUMP: That’s the intent.

SEAN MULLIN: So, that’s a modification of that
first one Vice Chair Barnett brought up.

VICE CHAIR BARNETT: My motion said offsite
parking during Ramadan, and I guess, based on the
Applicant’s quotation, which sounded very accurate, of
their actual use outside of Ramadan, I think it’s
reasonable to not require offsite parking for those events,

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but during Ramadan, I guess for the evening service we’re requiring offsite leasing, but not during the morning
service. Does that sound right?
CHAIR BURCH: I would ask the Maker of the
Motion. Do you think so?
VICE CHAIR BARNETT: I would accept that change
to my motion, yes.

COMMISSIONER STUMP: Thank you.

CHAIR BURCH: Okay.

DIRECTOR PAULSON: Through the Chair, we still
need a second.

CHAIR BURCH: I know that. All right, fine. Is
there a second? Commissioner Sordi. Is there discussion or questions of Staff?
ATTORNEY WHELAN: I have a question. Is the
intent of the motion to limit the number of vehicles, or is it to limit the number of attendees based on an assumed number of people per vehicle?
COMMISSIONER STUMP: It’s to limit the number of
vehicles.

ATTORNEY WHELAN: Thank you.

CHAIR BURCH: I have a question of Staff,
however, something I would like to clarify. Currently,
Farley Road is a public street. I understand what we’re

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doing in trying to limit the number of vehicles. Are we able to only limit to the parking lot and not allow
attendees to park on Farley Road? I want to make sure that we’re being very transparent and clear as this goes
forward.

ATTORNEY WHELAN: Anybody can park on public a
right-of-way, so the Town can’t limit who parks on public right-of-way unless there are specific parking restrictions in place. There is a Condition of Approval, I believe, that was proposed by Staff that mandates that the lot be used prior to the street for parking.

CHAIR BURCH: All right. Is there discussion? All
right, I guess if there is no further discussion, I guess I’ll call the question. I’m sorry, Ms. Whelan.

ATTORNEY WHELAN: Actually, the Planning Manager
directed me to a section in the Town’s Noise Ordinance that provides that it does not prohibit amplified sound outdoors altogether, it provides that amplified sound can be used when an Applicant gets a special use permit, and so I don’t recommend that the conditions go beyond what is in the Town Code as far as amplified sound, and so I recommend that it say, “No amplified sound except as allowed by the Town
Code.”

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CHAIR BURCH: Is that acceptable to, I guess, the
Vice Chair first?
VICE CHAIR BARNETT: My instinct is to provide
special protection to the neighbors and require the
prohibition against all amplified sound outside of the
building regardless; in other words, not dependent on Town approval.

CHAIR BURCH: Is that acceptable?
ATTORNEY WHELAN: No, it’s the Commission’s
decision.

CHAIR BURCH: All right, fine. So, we have a
motion and a second on the table. I will call the question.

All in favor? It passes unanimously. Are there appeal
rights, Mr. Paulson?
DIRECTOR PAULSON: I think I’ll turn to the
attorney, because we’re going to need to craft conditions and bring back a revised resolution with revised
conditions, and we’ll bring that back probably at the next meeting and have that on the Consent Calendar, I would
imagine.

One more clarification that just popped into my
head is since we are bringing back the resolution and the revised Condition of Approval, should we continue it to a

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date certain with this direction from the Planning
Commission?
ATTORNEY WHELAN: Yes.

CHAIR BURCH: Yes, I agree with that.

DIRECTOR PAULSON: For the Maker and the
Seconder, it would be continuing the item for revised
conditions to the next meeting, which is May 13th, so if we would add that to the motion.

CHAIR BURCH: Is that acceptable to the Maker of
the Motion and the Seconder of the Motion?
VICE CHAIR BARNETT: Yes.

COMMISSIONER STUMP: Agreed.

CHAIR BURCH: All right, then. So, then, I assume
actually since it is a continuance, there are not appeal rights right now, is that correct?
ATTORNEY WHELAN: Yes.
(END)

Page 1565 ends

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: 05/13/2026
ITEM NO: 5
DATE: May 8, 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:

On April 22, 2026, the Planning Commission discussed the item and received testimony from the applicant and a representative of a neighborhood group. The Planning Commission continued the item to a date certain of May 13, 2026, with direction to staff to bring back a revised resolution and conditions of approval that incorporated the modifications provided by the Planning Commission (Exhibit 34).

A copy of the modified conditions of approval in track changes has been included as Exhibit 35.

The applicant’s response to the new conditions of approval has been included as Exhibit 36.

Public comments received between 3:01 p.m., Wednesday, April 22, 2026, and 3:00 p.m., Friday, May 8, 2026, are included as Exhibit 37.

DISCUSSION:

Staff recommends that the Planning Commission adopt the following modifications to the conditions of approval proposed by staff, as well as in consultation with the Los Gatos-Monte Sereno Police Department based on their available resources:

1. Modify Condition #19, as reflected in the strikeout and underlined text:

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ATTACHMENT 15

Page 1566 ends

ITEM NO. 8.

PAGE 2 OF 5
SUBJECT: 16769 Farley Road/U-24-010
DATE: May 8, 2026
Food Vendors
Food vendors shall not be located within 20 feet of the perimeter properties Only the interior of the parking lot shall be used for food vendors.

2. Modify Condition #25, as reflected in the strikeout and underlined text:

Parking Lot Monitoring
For events anticipated to exceed available on-site parking, the applicant shall implement traffic management measures which may include parking attendants, directional signage, carpooling encouragement, or other measures. The applicant shall designate a person, volunteer, or parking attendant to monitor on-site parking during any service or event expected to generate attendance that may approach or exceed available on-site parking capacity, with training as available, by an entity that provides this type of training training by the Los Gatos-Monte Sereno Police Department, if available. The monitor shall make reasonable efforts to ensure that:
a. All on-site spaces are utilized before attendees seek parking off-site. b. All vehicles parked on-site shall maintain emergency vehicle access.

3. Modify Condition #28, as reflected in the strikeout and underlined text:

Parking Lot Expansion
The applicant shall submit an application proposing additional parking spaces to the Community Development Department for review a parking lot expansion, as referenced in the March 25, 2026, Planning Commission staff report within six months of the final approval date and complete the construction improvements within one year of the final approval date. The parking lot expansion shall add at least 23 parking spaces or up to as many as possible based on compliance with Town Code standards. Within six months of the final approval date, the existing parking lot shall be repaired so that cracks, bumps, or other anomalies do not contribute to additional noise generation of passing vehicles. Thereafter the parking lot shall continue to be maintained to avoid conditions in such noise generation.

4. Modify Condition #33, as reflected in the strikeout and underlined text:

Pedestrian Ingress and Egress
The applicant shall submit a complete its Building Permit application and receive final inspection process to construct an opening in the concrete wall in front of the property door for the purpose of allowing pedestrian ingress and egress to the site without walking in the driveway through the parking lot within one year of the final approval date.

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ITEM NO. 8.

PAGE 3 OF 5
SUBJECT: 16769 Farley Road/U-24-010
DATE: May 8, 2026

5. Modify Condition #34, as reflected in the underlined text:

Lighting
All site and parking lot lighting shall be full-cutoff, downward directed, and at the Building Code minimum brightness level during Quiet Hours within one year of the final approval date.

6. Modify Condition #37, as reflected in the underlined text:

Santa Clara County Fire Department
The Santa Clara County Fire Department shall confirm the maximum occupancy limit for the religious institution and evaluate whether the present and proposed uses as described in the March 25, 2026, Planning Commission staff report packet are in compliance with the occupancy limits for the facility within six months of the final approval date. The Santa Clara County Fire Department shall provide a written report concerning traffic safety on Farley Road and the adjoining streets during the Ramadan holiday.

7. Modify Condition #38, as reflected in the underlined text:

Los Gatos-Monte Sereno Police Department
The applicant shall request that the Los Gatos-Monte Sereno Police Department provide increased patrols during Ramadan and post an electronic sign on Farley Road during Ramadan showing the speed limit, as resources allow.

CONCLUSION:

Staff recommends that the Planning Commission adopt the draft modified Resolution (Attachment 34) to make the required findings and approve the modification of the CUP subject to the modified conditions of approval (Attachment 34, Exhibit A), incorporating the aforementioned modifications to conditions #19, #25, #28, #33, #34, #37, and #38 proposed by staff and the Los Gatos-Monte Sereno Police Department:

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

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

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

4. Adopt the draft Resolution to approve the CUP application, U-24-010, with the recommended conditions of approval contained in Exhibit 34, Attachment A.

Page 501 ends

ITEM NO. 8.

PAGE 4 OF 5
SUBJECT: 16769 Farley Road/U-24-010
DATE: May 8, 2026
PUBLIC COMMENTS:

Exhibit 36 includes public comments received between 11:01 a.m., Wednesday, April 22, 2026, and 3:00 p.m., Friday, May 8, 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
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 31, 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

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ITEM NO. 8.

PAGE 5 OF 5
SUBJECT: 16769 Farley Road/U-24-010
DATE: May 8, 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
Previously Received with the March 31, 2026, 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
Previously Received with the April 22, 2026, Staff Report:

24. Applicant’s Response to Neighborhood Group Meeting

25. Neighborhood Group’s Response to Meeting with the Applicant

26. Public Comments Received Between 3:01 p.m., Tuesday, March 31, 2026, and 3:00 p.m., Friday, April 17, 2026
Previously Received with the April 20, 2026, Addendum Report:

27. Additional Information from the Neighborhood Group

28. Public Comments Received Between 3:01 p.m., Friday, Apil 17, 2026, and 3:00 p.m., Monday, April 20, 2026
Previously Received with the April 21, 2026, Addendum 2 Report:

29. Public Comments Received Between 3:01 p.m., Monday, April 20, 2026, and 3:00 p.m., Tuesday, April 21, 2026
Previously Received with the April 22, 2026, Desk Item Report:

30. Supplemental Information from the Applicant

31. Additional Information from the Applicant’s Legal Counsel

32. Commissioner Comments

33. Public Comments Received Between 3:01 p.m., Tuesday, April 21, 2026, and 11:00 a.m., Wednesday, April 22, 2026
Received with the May 13, 2026, Staff Report:

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

35. Modified Conditions of Approval, Track Changes

36. Applicant’s Response to the New Conditions of Approval

37. Public Comments Received Between 11:01 a.m., Wednesday, April 22, 2026, and 3:00 p.m., Friday, May 8, 2026

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ITEM NO. 8.
1 of 6
Resolution 26 - _______ __, 2026
RESOLUTION 2026-

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

FOR A REQUEST TO MODIFY AN EXISTING CONDITIONAL

USE PERMIT FOR EXPANDED HOURS OF OPERATION IN AN INSTITUTION

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

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

OSMAR GHAFOOR, PRESIDENT
APPLICANT: RAZI MOHIUDDIN
WHEREAS, the applicant requests approval to modify an existing Conditional Use Permit (CUP) to expand the hours of operation in an institution for religious observance (West Valley Muslim Association) on property located at 16769 Farley Road (Santa Clara County Assessor Parcel Number 424-21-062); and
WHEREAS, a CUP (U-89-11) was approved for this location on January 10, 1990; and WHEREAS, the original CUP (U-89-11) authorized maintaining an existing church facility and allowed the improvement and expansion of an existing institution for religious observance facility with hours of operation that were not allowed to extend past 10:00 p.m.; and WHEREAS, on March 11, 2020, the Planning Commission approved a modification to the original CUP (U-20-001); and
WHEREAS, the modified CUP (U-20-001) changed the hours of operation to allow for operation from 10:00 p.m. to 11:00 p.m., for 30 days annually during the month of Ramadan for religious services; and
WHEREAS, the applicants seek a modification of the current CUP to expand the hours of operations to be: 1.5 hours before sunrise or extend past 10:30 p.m., seven days a week; and during the 30-day month of Ramadan, 1.5 hours before sunrise to 11:30 p.m., whenever the sunset is prior to 7:30 p.m., or until 12:00 a.m. whenever the sunset is after 7:30 p.m.; and EXHIBIT 34 Page 505 Page 1572
ITEM NO. 8.
2 of 6
Resolution 26 - _______ __, 2026
WHEREAS, in accordance with Town Code Section 29.20.200, modifications to CUPs are required under the following circumstances:

1. Intensification of use. Changes of use that will result in an increase of five (5) or more peak hour trips.

2. Commencement of new activities that could have a material adverse impact on the surrounding area.

3. Any change that is a substantial departure from plans which were the basis of the conditional use permit approval.; and
WHEREAS, the project requires approval of a modification to an approved CUP because it will involve expanded hours of operation pursuant to Town Code Section 29.20.200; and WHEREAS, on March 25, 2026, the Planning Commission held a public hearing, received testimony from the applicant and all interested persons who wished to testify or submit documents, and continued the item to a date certain of March 31, 2026; and WHEREAS, on March 31, 2026, the Planning Commission held a public hearing, received testimony from the applicant and all interested persons who wished to testify or submit documents, and continued the item to a date certain of April 22, 2026; and WHEREAS, on April 22, 2026, the Planning Commission held a public hearing, received testimony from the applicant and all interested persons who wished to testify or submit documents, and continued the item to a date certain of May 13, 2026; and WHEREAS, on May 13, 2026, the Planning Commission held a public hearing and reviewed the modified conditions of approval; and
WHEREAS, the Planning Commission considered all testimony and materials submitted along with all subsequent reports and materials submitted regarding the planning application; and
WHEREAS, the testimony and materials submitted described impacts to neighboring residences of night-time light intrusion from vehicle headlights and light standards on the property, noise from vehicles before sunrise and after 10 p.m., pedestrian safety concerns resulting from pedestrians walking in the right-of-way due to vehicles parked along the right-ofway in the vicinity of the facility, and blockage of driveways resulting from vehicle queuing to enter the property during Ramadan; and
WHEREAS, the Planning Commission added conditions of approval to address the impacts to neighboring residences resulting from the added hours of operation; and NOW, THEREFORE, BE IT RESOLVED, CUP application (U-24-010), as attached in Exhibit A, is approved. The original CUP, U-89-11, and the modification CUP U-20-001 are superseded.

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

1. The Recitals above are incorporated into these findings.

2. The following findings are made by the Planning Commission of the Town of Los Gatos. The facts and evidence that support these findings are also contained and explained in the record of proceedings for the proposed request, including without limitation the staff report for the Planning Commission hearing. (A) Finding required for the California Environmental Quality Act (CEQA):

The project is Categorically Exempt pursuant to the adopted Guidelines for the Implementation of the California Environmental Quality Act (CEQA), Section 15301: Existing Facilities. No significant effect on the environment will occur since the project uses an existing structure with proposed changes to the building size or parking lot size, no increase in floor area, and negligible expansion of use beyond existing conditions. Furthermore, none of the exceptions to categorical exemptions set forth in the CEQA Guidelines Section 15300.2 apply to this project. The use of the facility remains consistent with the March 11, 2020, Planning Commission approval as a religious institution. The applicant’s request for approval to modify the existing CUP is limited to the hours of operation. No additional requested modifications to the CUP or existing structures are proposed. Under the current conditions, vehicles enter and exit the property for multiple services until 10 p.m. for most of the year and until 11 p.m. during Ramadan. Because the parking lot capacity is 180 spaces, it is estimated that the number of vehicles currently entering and exiting the property is approximately 180 vehicles at the heavily-attended services. In addition, vehicles currently park on public right of way at heavily-attended services. The proposed modification would extend this use by ½ hour for most of the year and for one hour during Ramadan, which is a negligible change in the hours of operation.
(B) Findings required for compliance with the Zoning Regulations:

The project meets the objective standards of Chapter 29 of the Town Code (Zoning Regulations) in that a CUP is required for an institution for religious observance and CUP U-24-001 is approved.
(C) Findings required for a Conditional Use Permit:

As required by Town Code Section 29.20.190, the Planning Commission finds that, with the conditions of approval:

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

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convenience or welfare because the use will continue providing an existing facility for religious observance; and

2. The proposed use would not impair the integrity and character of the residential zone in that conditions of approval addressing the impacts to the neighboring residences of night-time light intrusion from light standards and vehicle headlights, overflow parking, noise, pedestrian safety, and traffic are included; and

3. The proposed use would not be detrimental to public health, safety, or general welfare because the conditions of approval address the impacts to the neighboring residences of traffic, pedestrian safety, overflow parking, and night-time light intrusion in that the hours of operation shall not begin prior to one and one-half hours before sunrise or extend past 10:30 p.m., seven days a week to accommodate indoor, morning and nighttime prayer services; during the 30-day month of Ramadan, indoor nighttime prayer services shall not extend past 11:30 p.m. whenever sunset is prior to 7:30 p.m., or until 12:00 a.m. whenever sunset is after 7:30 p.m.; and the use is required to comply with the noise mitigation, light mitigation, parking lot monitoring, traffic monitoring, and overflow parking plan set forth in the conditions of approval; and

4. The proposed use of the property is in harmony with the various elements or objectives of the General Plan and the purposes of the Town Code, because it will continue an existing use for religious observance; there is no additional building square footage being proposed; and the facts and evidence that support this finding are also contained and explained in the record of proceedings for the proposed request, including without limitation the staff report for the Planning Commission hearing.
(D) RLUIPA Findings:

The conditions of approval listed below do not constitute a “substantial burden” to the permittee in that the parking lot expansion is already planned to address existing parking overflow and the costs of pavement repairs, plantings, and increased fencing are manageable in light of the permittee’s large size. Even if any of these conditions were to constitute a “substantial burden,” they are the least restrictive means to address a compelling government interest in that they are the least expensive means by which the impacts to the neighbors of nighttime activities can be mitigated. As indicated in [insert reference to staff report or an exhibit], the conditions of approval treat this use on “equal terms” with nonreligious uses to the extent this use is similarly situated to those uses and the conditions of approval have been developed to address the unique impacts of night-time services in a residential zone on a parcel directly surrounded by thirteen single-family residences.

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i. Conditions of approval #30 and #31 address the impacts to neighbors of light intrusion from vehicle headlights and light standards.
ii. Conditions of approval #21, #22, #28, and #36 state the applicant’s compliance to the Noise Ordinance of the Town of Los Gatos and address the impacts to neighbors of noise from vehicles and passerby before and after night-time activities.
iii. Condition of approval #27 addresses the impacts to neighbors of parking overflow.
iv. Condition of approval #26 addresses the impacts to neighbors of vehicle queuing which impedes access to residential driveways.

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

4. Pursuant to Town Code Section 29.20.275, this decision is appealable to the Town Council within ten days of adoption of this resolution.

5. If any section, subsection, sentence, clause, or phrase of this resolution is for any reason held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of this resolution.

PASSED AND ADOPTED at a regular meeting of the Planning Commission of the Town of Los Gatos, California, held on the 13th day of May 2026, by the following vote:

PLANNING COMMISSIONERS:

AYES:

NAYS:

ABSENT:

ABSTAIN:

SIGNED:

CHAIR OF THE TOWN OF LOS GATOS

PLANNING COMMISSION
DATE: __________________

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ATTEST:

COMMUNITY DEVELOPMENT DIRECTOR
DATE: __________________

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ITEM NO. 8.

Planning Commission – May 13, 2026

CONDITIONS OF APPROVAL
16769 Farley Road
Conditional Use Permit Application U-24-010
Requesting Approval to Modify an Existing Conditional Use Permit for Expanded Hours of Operation in an Institution for Religious Observance (West Valley Muslim Association) on Property Zoned R-1:8. APN 424-21-062. Categorically Exempt Pursuant to CEQA Guidelines Section 15301: Existing Facilities.

Property Owner: West Valley Muslim Association, Osman Ghafoor, President.

Applicant: Razi Mohiuddin.

TO THE SATISFACTION OF THE DIRECTOR OF COMMUNITY DEVELOPMENT:

A. General Conditions

1. Approval and Substantial Conformance
This application shall be completed in accordance with all conditions of approval and in substantial compliance with the approved plans. Any changes or modifications shall be approved by the Community Development Director, Development Review Committee (DRC), or the Planning Commission, depending on the scope.

2. Expiration
The approval will expire two years from the approval date pursuant to Section 29.20.320 of the Town Code, unless the approval has been vested.

3. Lapse for Discontinuance
If the activity for which the Conditional Use Permit has been granted is discontinued for one (1) year, the approval lapses pursuant to Section 29.20.340 of the Zoning Ordinance.

4. Compliance Memorandum
A memorandum, consistent with Town practice, shall be prepared and submitted with the building permit detailing how each condition of approval will be addressed.

5. Interpretation and Implementation
No verbal interpretation, directive, or guidance shall be considered valid or binding for purposes of compliance with this Conditional Use Permit. The applicant shall not rely on any direction or approval unless it is documented in writing and expressly authorized by the Community Development Director.

6. Town Indemnity
Applicants are notified that Town Code Section 1.10.115 requires that any applicant who receives a permit or entitlement (“the Project”) from the Town shall defend (with counsel approved by Town), indemnify, and hold harmless the Town, its agents, officers, and employees from and against any claim, action, or proceeding (including without limitation any appeal or petition for review thereof) against the Town or its agents, officers or employees related to an approval of the Project, including without limitation any related application, permit, certification, condition, environmental determination, other approval, compliance or failure to comply with applicable laws and regulations, and/or processing EXHIBIT 34, ATTACHMENT A ATTACHMENT A

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ITEM NO. 8.
methods (“Challenge”). Town may (but is not obligated to) defend such Challenge as Town, in its sole discretion, determines appropriate, all at applicant’s sole cost and expense.

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

7. Compliance Review
The Planning Commission shall conduct an annual compliance review of the Conditional Use Permit. This compliance review shall be completed at the applicant’s expense.

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

B. Use and Occupancy

9. Permitted Use
Operate an existing institution for religious observance. In addition to worship services, the applicant may use the facility for religious exercise, including but not limited to prayers, religious educational classes, Sunday school, as well as community events, charitable events, and other activities related to the religious mission of the institution. Facility may be rented to community members or by organizations providing educational, charitable, religious or other services for the benefit of the institution’s members.

10. Living Quarters
The leaders’ quarters shall not be used for any purpose other than living quarters for visiting scholars and/or leaders associated with the institution.

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

C. Facility Operations

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ITEM NO. 8.

12. General Hours
Services shall not begin earlier than 1.5 hours before sunrise or extend past 10:30 p.m. daily, except as specified in Condition 14, Seasonal Late-Hours Exception.

13. General Hours, Vehicle Limitation
Vehicles at the pre-sunrise and evening prayer services shall be limited to the number of onsite parking spaces.

14. Seasonal Late-Hours Exception
Thirty (30) day period during Ramadan, services may extend beyond 10:30 p.m. as follows:
 Until 11:30 p.m. when sunset is before 7:30 p.m.
 Until 12:00 a.m. when sunset is after 7:30 p.m.

The applicant shall maintain a publicly available website and list on an annual basis the dates seasonal late hours will be exercised for Ramadan. Seasonal-late hours in this Section are not transferable to another owner or use for which nighttime worship is not a component of their religion.

15. Seasonal Late-Hours, Vehicle Limitation
Vehicles at the pre-sunrise prayer service shall be limited to the number of on-site parking spaces. The evening prayer service shall be limited to the maximum building occupancy for the facility.

16. Lot Closure Rule
Notwithstanding the Quiet Hours limitation, the parking lot shall be vacated by 11:00 p.m. during general hours of operation and within 30 minutes of the end of the last service during seasonal late hours, with staff or volunteers reminding attendees to leave quietly.

The lot can be opened two hours prior to sunrise for the pre-sunrise services.

17. Windows and Doors
Windows and doors on the west elevation shall remain closed when indoor services are taking place, except for ingress and egress to the building.

18. Deliveries
Deliveries by vehicles exceeding 26,000 pounds GVWR shall occur between 8:00 a.m. and 6:00 p.m., Monday through Friday.

19. Food Vendors
Only the interior of the parking lot shall be used for food vendors.

20. High Attendance Guidelines
At least thirty (30) days before any recurring or seasonal period of high attendance where on-site parking is insufficient to accommodate parking demand, the applicant shall provide members and attendees written reminders regarding:
a. Respectful parking practices, including use of on-site spaces, carpooling where possible, and avoidance of spillover impacts on surrounding residential streets. b. Minimizing congregating in the parking lot to adhere to Quiet Hours requirements. c. Compliance with all applicable Conditions of Approval.

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

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ITEM NO. 8.

D. Noise

21. Noise Mitigation
Quiet Hours are established as 10:00 p.m. – 8:00 a.m. daily. During Quiet Hours:
a. Noise Standard – All activities shall comply with the Town’s Noise Ordinance residential standard in effect at the time of the activity measured at the property line during 10:00 p.m. – 8:00am.
b. Parking Lot Operations – During Quiet Hours when a service is not in session, the lot may only be used for ingress, egress, security, emergency access, or use by the leaders’ quarters occupants.
c. Building Operations – Windows facing residences shall remain closed during Quiet Hours. Doors facing residences shall remain closed during Quiet Hours, except when necessary to permit ingress and egress to the building for morning and nighttime services. Doors may be opened for the limited purpose of ingress and egress. d. Signage and Communication – The applicant shall maintain posted “Quiet Hours” signage and provide reminders to attendees regarding minimizing noise when leaving.

Such signage specifying the established quiet hours shall be prominently displayed and appropriately maintained on the building in such a manner to ensure signs are clearly visible and easily readable at all times to individuals entering and exiting the building.

22. Noise Ordinance
The Noise Ordinance of the Town of Los Gatos is specifically adopted as conditions of approval for the Conditional Use Permit.

23. Amplified Sound
No outdoor amplified sound is permitted.

E. Parking and Traffic

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

25. Parking Lot Monitoring
For events anticipated to exceed available on-site parking, the applicant shall implement traffic management measures which may include parking attendants, directional signage, carpooling encouragement, or other measures. The applicant shall designate a person, volunteer, or parking attendant to monitor on-site parking during any service or event expected to generate attendance that may approach or exceed available on-site parking capacity, with training by the Los Gatos-Monte Sereno Police Department, if available. The monitor shall make reasonable efforts to ensure that:
a. All on-site spaces are utilized before attendees seek parking off-site. b. All vehicles parked on-site shall maintain emergency vehicle access.

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ITEM NO. 8.

26. Driveway Operations
During events expected to generate traffic volumes that may result in queuing or neighborhood spillover, both driveways shall be used for exiting the property, with traffic attendants provided as necessary to facilitate circulation. Applicant shall make accommodation to facilitate access by public safety resources when necessary. The applicant is authorized to remove the right turn only sign at the end of the egress driveway. The applicant shall ensure that ingress and egress to neighboring driveways is preserved.

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

28. Parking Lot Expansion
The applicant shall submit an application to the Community Development Department for a parking lot expansion, as referenced in the March 25, 2026, Planning Commission staff report within six months of the final approval date and complete the construction improvements within one year of the final approval date. The parking lot expansion shall add at least 23 parking spaces. Within six months of the final approval date, the existing parking lot shall be repaired so that cracks, bumps, or other anomalies do not contribute to additional noise generation of passing vehicles. Thereafter the parking lot shall continue to be maintained to avoid conditions of such noise generation.

F. Facilities and Site Design

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

30. Landscape Plantings
The applicant shall plant a hedgerow adjacent to all of its perimeter fences or alternatively plant a variety of native trees and shrubs for the purpose of sound and light mitigation, as approved by the Community Development Director within one year of the final approval date. The proposed plantings shall be a minimum size of three gallons and the selected plantings shall grow two to four feet per year. The specific plantings shall be based on discussions with the applicant and the Community Development Director. The plantings shall be maintained at a height of eight feet. Additionally, the applicant shall offer to provide plantings or moveable barriers to the neighbor across the street in order to reduce headlight intrusion into the residential property across the street.

31. Portable Screening
Prior to the mature growth of landscape plantings, as detailed in Condition #30, the applicant shall obscure vehicle headlights on the perimeter properties to the facility through the use of privacy mesh, wind screens, or the use of portable planters/screening as proposed by Zayn Zaafran’s letter dated, April 20, 2026, included in Exhibit 29 of the April 22, 2026, Planning Commission staff report packet.

32. Fencing
The applicant shall submit an application for a fence height exception to the Community Development Department for the purpose of increasing the height of existing fences around

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ITEM NO. 8.
the perimeter of the property to eight feet for the purpose of mitigating noise and light pollution.

33. Pedestrian Ingress and Egress
The applicant shall complete its Building Permit application process to construct a door for the purpose of allowing pedestrian ingress and egress without walking through the parking lot within one year of the final approval date.

34. Lighting
All site and parking lot lighting shall be full-cutoff, downward directed, and at the Building Code minimum brightness level during Quiet Hours.

G. Community Interface

35. Activity Calendar and Community Interface
The applicant shall maintain a publicly accessible website that includes information on services, programs, classes, and events open to its members. The website shall list a monthly calendar of scheduled events, which includes services offered and the hours when services are in session. The applicant’s online calendar shall provide at least a 60-day notice in advance of events and activities scheduled to take place at the facility. The applicant shall provide contact information for multiple board members and staff on the applicant’s website. The application shall explore setting up a single phone number that makes all neighborhood inquiries, comments, and complaints accessible by board members and staff.

36. Event Notice to Religious Institution Members
The applicant shall provide written notice to members of the religious institution five to 10 days prior to a scheduled event that is anticipated to have an attendance of 100 or more persons, reminding them of the speed limit on Farley Road, and neighboring streets, as well as a recommendation for carpooling, and to avoid generating noise while using public streets for ingress and egress. Car beeps from locking and unlocking vehicles are exempted as are the opening and closing of vehicle doors. Additionally, activities related to funerals are exempted from the requirement of notice to members of the religious institution under this condition.

H. Other Conditions

37. Santa Clara County Fire Department
The Santa Clara County Fire Department shall confirm the maximum occupancy limit for the religious institution and evaluate whether the present and proposed uses as described in the March 25, 2026, Planning Commission staff report packet are in compliance with the occupancy limits for the facility. The Santa Clara County Fire Department shall provide a written report concerning traffic safety on Farley Road and the adjoining streets during the Ramadan holiday.

38. Los Gatos-Monte Sereno Police Department
The applicant shall request that the Los Gatos-Monte Sereno Police Department provide increased patrols during Ramadan and post an electronic sign on Farley Road during Ramadan showing the speed limit.

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ITEM NO. 8.

Planning Commission – May 13, 2026

Property Owner: West Valley Muslim Association, Osman Ghafoor, President.

Applicant: Razi Mohiuddin.

TO THE SATISFACTION OF THE DIRECTOR OF COMMUNITY DEVELOPMENT:

A. General Conditions

2. Expiration
The approval will expire two years from the approval date pursuant to Section 29.20.320 of the Town Code, unless the approval has been vested.

4. Compliance Memorandum
A memorandum, consistent with Town practice, shall be prepared and submitted with the building permit detailing how each condition of approval will be addressed.

6. Town Indemnity
Applicants are notified that Town Code Section 1.10.115 requires that any applicant who receives a permit or entitlement (“the Project”) from the Town shall defend (with counsel approved by Town), indemnify, and hold harmless the Town, its agents, officers, and employees from and against any claim, action, or proceeding (including without limitation any appeal or petition for review thereof) against the Town or its agents, officers or employees related to an approval of the Project, including without limitation any related application, permit, certification, condition, environmental determination, other EXHIBIT 35 Page 517 Page 1584
ITEM NO. 8.
approval, compliance or failure to comply with applicable laws and regulations, and/or processing methods (“Challenge”). Town may (but is not obligated to) defend such Challenge as Town, in its sole discretion, determines appropriate, all at applicant’s sole cost and expense.

7. Compliance Review
The Planning Commission shall conduct an annual compliance review of the Conditional Use Permit. This compliance review shall be completed at the applicant’s expense.

B. Use and Occupancy

Facility may be rented to community members or by organizations providing educational, charitable, religious or other services for the benefit of the institution’s members.

10. Living Quarters
The leaders’ quarters shall not be used for any purpose other than living quarters for visiting scholars and/or leaders associated with the institution.

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

C. Facility Operations

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ITEM NO. 8.

12. General Hours
Services shall not begin earlier than 1.5 hours before sunrise or extend past 10:30 p.m. daily, except as specified in Condition 14, Seasonal Late-Hours Exception.

13. General Hours, Vehicle Limitation
Vehicles at the pre-sunrise and evening prayer services shall be limited to the number of on-site parking spaces.

17. Windows and Doors
Windows and doors on the west elevation shall remain closed when indoor services are taking place, except for ingress and egress to the building.

18. Deliveries
Deliveries by vehicles exceeding 26,000 pounds GVWR shall occur between 8:00 a.m. and 6:00 p.m., Monday through Friday.

19. Food Vendors
Only the interior of the parking lot shall be used for food vendors.

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ITEM NO. 8.

D. Noise

21. Noise Mitigation
Quiet Hours are established as 10:00 p.m. – 8:00 a.m. daily. During Quiet Hours:
a. Noise Standard – All activities shall comply with the Town’s Noise Ordinance residential standard in effect at the time of the activity measured at the property line during 10:00 p.m. – 8:00am.
a. Parking Lot Operations – During Quiet Hours when a service is not in session, the lot may only be used for ingress, egress, security, emergency access, or use by the leaders’ quarters occupants.
b. Building Operations – Windows facing residences shall remain closed during Quiet Hours. Doors facing residences shall remain closed during Quiet Hours, except when necessary to permit ingress and egress to the building for morning and nighttime services. Doors may be opened for the limited purpose of ingress and egress. c. Signage and Communication – The applicant shall maintain posted “Quiet Hours” signage and provide reminders to attendees regarding minimizing noise when leaving. Such signage specifying the established quiet hours shall be prominently displayed and appropriately maintained on the building in such a manner to ensure signs are clearly visible and easily readable at all times to individuals entering and exiting the building.

22. Noise Ordinance
The Noise Ordinance of the Town of Los Gatos is specifically adopted as conditions of approval for the Conditional Use Permit.

23. Amplified Sound
No outdoor amplified sound is permitted.

E. Parking and Traffic

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

The monitor shall make reasonable efforts to ensure that:
a. All on-site spaces are utilized before attendees seek parking off-site. b. All vehicles parked on-site shall maintain emergency vehicle access.

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ITEM NO. 8.

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

28. Parking Lot Expansion
The applicant shall submit and application to the Community Development Department for a parking lot expansion, as referenced in the March 25, 2026, Planning Commission staff report within six months of the final approval date and complete the construction improvements within one year of the final approval date. The parking lot expansion shall add at least 23 parking spaces. Within six months of the final approval date, the existing parking lot shall be repaired so that cracks, bumps, or other anomalies do not contribute to additional noise generation of passing vehicles. Thereafter the parking lot shall continue to be maintained to avoid conditions of such noise generation.

F. Facilities and Site Design

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

32. Fencing

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ITEM NO. 8.

The applicant shall submit an application for a fence height exception to the Community Development Department for the purpose of increasing the height of existing fences around the perimeter of the property to eight feet for the purpose of mitigating noise and light pollution.

34. Lighting
All site and parking lot lighting shall be full-cutoff, downward directed, and at the Building Code minimum brightness level during Quiet Hours.

G. Community Interface

35. Activity Calendar and Community Interface
The applicant shall maintain a publicly accessible website that includes information on services, programs, classes, and events open to its members. The website shall list a monthly calendar of scheduled events, which includes services offered and the hours when services are in session. The applicant’s online calendar shall provide at least a 60- day notice in advance of events and activities scheduled to take place at the facility. The applicant shall provide contact information for multiple board members and staff on the applicant’s website. The application shall explore setting up a single phone number that makes all neighborhood inquiries, comments, and complaints accessible by board members and staff.

H. Other Conditions

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ITEM NO. 8.

Department shall provide a written report concerning traffic safety on Farley Road and the adjoining streets during the Ramadan holiday.

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Intentionally
Left Blank

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ITEM NO. 8.

WVMA’s Objections to New Conditions of Approval Page | 1 of 7 WVMA’s Objections to New Conditions of Approval
05/08/2026
Address: 16769 Farley Road, Los Gatos CA 95032
Property Zoned: R-1:8
APN: 424-21-062
Owner and Applicant: West Valley Muslim Association (WVMA) Conditional Use Permit Application: U-24-010
Planner: Jocelyn Shoopman, Senior Planner, Town of Los Gatos The West Valley Muslim Association (“WVMA”) respectfully submits this letter to express serious concerns about the conditions added at the April 22, 2026 hearing. To put those concerns in context: Staff recommended 25 conditions for WVMA – more than apply to any other religious institution in Los Gatos. The Commission then added 18 more at the hearing, bringing the total to 43 conditions. No faith institution in Los Gatos – or, to our knowledge, in Santa Clara County – has been subject to anything approaching this number of restrictions on its place of worship. The cumulative burden is unprecedented, and the addition of the new conditions raise serious concerns under RLUIPA, as discussed below. We respectfully request that the Planning Commission amend the conditions identified below before the approval is finalized.

The comments from neighbors have focused on two major concerns – hours of operation, and safety:
• Hours of Operation: The neighbors ultimately wanted us to compromise on the number of prayers, the length of Ramadan prayers, or change the time when they occur. This is something we cannot do. And it is precisely the burden RLUIPA prohibits.
• Safety: The neighbors believe that Farley Road cannot handle the traffic, is not wide enough, is unsafe for parking, and is unsafe for pedestrians. The neighbors have not introduced actual evidence of safety concerns caused by WVMA nor have they provided any expert opinion on the issue—they have relied solely on their own subjective sense that WVMA’s operations create a safety issue. WVMA disputes this assertion and points out that the Town’s own Public Works Engineers, the Los Gatos Police, and the Santa Clara Fire Department have all been involved and have not raised any concerns.

The Planning Commission did not thoroughly consider the RLUIPA strict scrutiny test when it adopted the 18 additional conditions at its April 22, 2026 hearing. As discussed below, many of the conditions (1) address ancillary neighbor complaints that do not rise to the level of a compelling governmental interest and fall outside of the Town’s primary safety and zoning mandates; (2) impose a substantial burden on WVMA’s exercise of religion; and (3) are not the least restrictive means to address the concerns expressed. In addition, as no other religious institution has these limitations, the Commission, by singling out WVMA, has not met RLUIPA’s equal terms provision (e.g., as compared to Faith Lutheran Church in a similar R-1:8 zone). Please refer to Appendix A, Department of Justice RLUIPA Guidelines.

We find the following to be the most problematic and discriminatory conditions being placed on WVMA:

1. Annual Review:

Substantial Burden Violation: A perpetual annual review gives neighbors a recurring forum to relitigate the CUP every year – forever – creating uncertainty about our use and casting a chilling effect on all WVMA’s operations. It also creates a tremendous annual expense as WVMA has spent substantial board time, legal fees, and operational

y,//dϯϲ

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ITEM NO. 8.

WVMA’s Objections to New Conditions of Approval Page | 2 of 7 resources over 21 months to address every concern raised, a process it would need to repeat each year. We agreed to a single one-year review as a good-faith measure. Beyond that one-year review, no further review should be required.

Least Restrictive Means Violation: There is no compelling governmental interest in requiring the annual review, and even if there were the Town’s Municipal Code and Code Compliance process already offer less restrictive means to meet any interest. The Town already has the ability under its Municipal Code to modify a use permit on its own motion. (See Los Gatos Municipal Code section 29.20.310.) The Town’s existing Code Compliance process is the appropriate and equal mechanism for addressing any future concerns, as it is for every other religious institution in Los Gatos.

Equal Terms Violation: No other religious institution in Los Gatos is subject to annual review of its Conditions of Approval. This violates RLUIPA’s Equal Terms provision.

We respectfully request the Commission to limit the review to the single one-year review already agreed to, with no further review thereafter.

2. Limitation on Number of Vehicles / Attendees for Prayers:

Substantial Burden Violation: Limiting the number of attendees burdens WVMA’s ability to practice its faith by forcing it to monitor attendance and turn away congregants who wish to participate. The record shows a deliberate substitution – commissioners who could not cap attendees directly reframed the same limitation as a cap on vehicles, arriving at the identical result. This substitution does not cure the RLUIPA violation; it confirms it. Tying attendance at mandatory religious prayers to on-site parking requirements – a metric the Town controls – is not a neutral land use standard. It is a mechanism for the Town to determine how many Muslims may worship at one time. This places a direct substantial burden on WVMA’s ability to conduct the five daily prayers that are obligatory under Islamic practice.

Please note that whenever there are seminars, religious talks, or events that are held in the evening, they are always punctuated with the sunset (Maghrib) and night (Isha) prayer. This is similar to the 15-minute break we took during the last 3 Planning Commission Hearings. This is obviously impractical, and impossible to administer, as capping attendance at Isha night prayer effectively caps attendance at the sunset (Maghrib) prayer, as well as at every evening program that precedes or follows it, including our Tuesday Young Professionals, Friday Family Nights, weekend community events. The Commission has created, through a parking condition for night (Isha) prayer, a de facto attendance ceiling on sunset (Maghrib) prayer, and all evening religious and community life at WVMA.

There is no compelling governmental interest being served by limiting attendance to the number of off-street parking spaces available. Town staff conceded at the March 22 hearing that there was no legal way to prevent anyone from parking on the street.

Equal Terms Violation: Staff testified at the April 22, 2026 hearing that no other religious institution in Los Gatos is subject to a limitation on the number of attendees, other than maximum occupancy limits specified by the Fire Department.

We respectfully request the Commission to eliminate any condition that limits attendance based on the number of offstreet parking spaces available.

3. Parking Lot Resurfacing:

Page 526 ends

ITEM NO. 8.

WVMA’s Objections to New Conditions of Approval Page | 3 of 7 Substantial Burden Violation: We received quotes ranging from $629,861 to over $1,000,000 – see Appendix B – Parking Lot Quotes – solely to document the financial burden this condition imposes. Parking lot contractors have stated in writing that “significant noise reduction cannot be guaranteed” as a result of resurfacing. Requiring a nonprofit religious organization to redirect approximately $750,000 to $1,000,000 or more, for a uncertain outcome, that would have gone to programming and operations to resurface the parking lot substantially burdens WVMA’s practice of its faith. The least expensive base bid quote is $629,861 – and that figure expressly excludes additional costs for sloping, drainage, piping, as well as for permits, traffic control, engineering, weekend and evening premiums, and potential change orders, with real costs likely exceeding $800,000 or more once exclusions are added. Because the lot cannot be closed during prayer times, weekend and evening work premiums are unavoidable, making the true cost materially higher. The quote is also valid for only 15 days due to petroleum market volatility, meaning costs could rise further before any work could begin.

The Commission has not demonstrated any compelling interest as it did not review or utilize any objective data to suggest that vehicles traveling at about 10 to 15 miles an hour inside a parking lot (rather than a freeway) create any noise that is disturbing or that violates any of the Town’s noise ordinances. No acoustical engineer testified that the pavement surface contributes to measurable off-site noise. No noise reading was entered into the record showing a violation of the Town’s ordinance attributable to parking lot surface conditions. Yet the Commission has required full resurfacing within a period of only 6 months.

Least Restrictive Means Violation: Resurfacing the entire parking lot is not the least restrictive means to address the perceived issue. Noise can be dampened in other ways, including landscaping and fences. In addition, not all parts of the parking lot are utilized in the same way. The entry and exit ways handle the most traffic, while all other parts of the parking lot have minimal traffic. We have speed bumps on the entry driveway for safety purposes, and removing them to reduce noise can create a safety hazard. We have not heard any complaints from our eastern neighbor, and are unwilling to remove the speed bumps and compromise safety.

Equal Terms Violation: No other religious institution in Los Gatos appears to have been required to resurface its parking lot as a condition of approval for its use.

WVMA is committed to improving our parking lot due to root damage, and to add additional spaces, as we have proactively demonstrated by removing the gate track, and previously submitting plans to increase number of parking space. Towards that commitment, we would kindly request an alternate condition such as:

The permittee shall work with the Community Development Director to identify and make improvements to the paving conditions in the parking lot to reduce noise from cracks and bumps on the entry and exit driveways, without compromising safety, and to add additional parking spaces.

4. 60 Day Notice of Events:

Substantial Burden Violation: Requiring 60 days in advance to plan poses a substantial burden on our congregation.

Islamic community life, like all faith communities, includes events that arise naturally – responding to a visiting scholar, a community need, a life event. Requiring 60 days' advance notice would eliminate a meaningful portion of WVMA's religious and community programming,
There is no compelling governmental interest served by requiring notice of events in advance. The notice would not limit any of the impacts neighbors are concerned about. The Town has no compelling interest in making sure neighbors are notified about events that will take place, much less that they be notified further in advance of those events.

Page 527 ends

ITEM NO. 8.

WVMA’s Objections to New Conditions of Approval Page | 4 of 7 Even if there were some conceivable compelling governmental interest being served, there was absolutely no deliberation about other ways to address that interest that would not interfere with WVMA’s ability to continue its existing operations.

Equal Terms Violation: No other faith institution, regardless of the zone their facility is located, is subject to such requirement.

We respectfully request that the Commission remove this condition.

5. Deliveries 8 AM to 6 PM, Mon to Fri:

Substantial Burden Violation: Placing WVMA on a stricter standard for deliveries will prevent WVMA, and the residents in its living quarter, from normal deliveries of catered food, delivery of audio equipment, or equipment deliveries for events held on weekends. It would even prohibit food deliveries for the daily breaking of our fast in Ramadan. This would place a substantial burden on our ability to operate. We understand and appreciate that heavy vehicle deliveries should be limited, and voluntarily agreed with Staff to have a restriction on heavy vehicles based on Federal Highway Administrations Gross Vehicle Weight Rating (GVWR) Class Identification 1. Light and medium duty vehicles (e.g., USPS, UPS. FedEx, Amazon, etc. delivery vehicles) should not be limited, and especially since it is out of our control when they deliver. We worked with Staff and voluntarily agreed to limit Class 7 or above vehicle delivery hours.

There is no compelling governmental interest being served by restricting these deliveries to weekdays or during these hours. Section 15.40.070 of the Town’s code already regulates delivery trucks on residential streets.

In addition, even if there were a conceivable governmental interest in regulating delivery vehicles beyond what the Town’s Municipal Code already requires, there was absolutely no deliberation about other ways to address that interest that would not interfere with WVMA’s ability to continue its existing operations.

Equal Terms Violation: Faith Lutheran Church in a similar R-1:8 has no such limitation, and there is no such limitation on any of the neighbors on Farley Road. In general, the Town Code already accounts for this on residential streets, and no other religious institution has these additional limitations.

We respectfully suggest that the current language in the Draft Conditions of Approval be maintained:

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

6. Written Notice for Events with 100 or more persons:

Substantial Burden Violation: Requiring advance written notice before each congregational prayer is administratively impossible and would constitute a government-imposed barrier to religious worship that no secular organization faces. WVMA regularly has events with 100 or more persons, including our Friday Jumu’ah service, Friday Family Nights, Tuesday Young Professionals meetup, weekend events, and several of the obligatory prayer services. The 100-person threshold can be crossed by virtually any of the five obligatory daily prayers. It is precisely the kind of individualized, case-by-case burden that RLUIPA was enacted to prevent. 1 Federal Highway Administrations Gross Vehicle Weight Rating (GVWR) Class Identification: https://cmvid.nisrinc.com/CMV_ID/GVWRClass.asp

Page 528 ends

ITEM NO. 8.

WVMA’s Objections to New Conditions of Approval Page | 5 of 7 There is no compelling governmental interest being served by requiring written advance notice. As with the 60-day notice of events discussed above, requiring notice would not limit any of the impacts neighbors are concerned about.

The Town has no compelling interest in making sure neighbors are notified about events that will take place, much less that they be notified about each congregational prayer. Even if there were some conceivable compelling governmental interest being served, there was absolutely no deliberation about other ways to address that interest that would not interfere with WVMA’s ability to continue its existing operations.

Equal Terms Violation: No other faith institution, regardless of the zone their facility is located, is subject to such requirement.

We voluntarily agreed to Condition 24, High Attendance Guidelines, as a good-faith measure. That agreement adequately addressed these concerns. Layering additional notice requirements on top of it serves no compelling governmental interest and also violates RLUIPA’s equal terms provision, and should be removed.

7. Raising Fence Height to 8 feet:

Substantial Burden Violation: Requiring a non-profit religious organization to redirect funds from programming and operations to instead replace 1,403 linear feet of property line fencing substantially burdens WVMA’s practice of its faith. Raising the fence from 6 to 8 feet, or adding a 2-foot lattice, cannot be accomplished by adding 2 feet to the top of existing posts – the entire fence must be replaced to achieve 8-foot structural stability in wind and storms.

Fence have stated in writing that “The fence might be vulnerable in strong winds”. 8-foot fences require 10-foot posts (two feet are buried in concrete below ground), as well as 8-foot boards – these are non-standard materials and are significantly more expensive. WVMA already replaced a third of the fence within the last 3 years, including about 150- foot section adjacent to Mr. and Mrs. Ratcliff’s property - at WVMA’s full expense. Replacing all 1,403 linear feet to 8- foot height represents a significant and unjustified financial burden, particularly where the record contains no independent assessment that the current fence, combined with the existing mature hedges documented in Appendix C, are inadequate.

There is no compelling governmental interest being served by this condition because light from headlights is already addressed by Condition 20, which WVMA agreed to and which requires sufficient shrubs to obscure vehicle headlights along Chirco Drive, Corcel Court, and 16793 Farley Road within one year of approval. Light from parking lot lighting is already addressed by Condition 13(c), which requires “[a]ll site and parking lot lighting shall be fullcutoff, downward-directed, and dimmed to security levels during Quiet Hours. The 8-foot fence requirement duplicates these conditions already in place, at great expense to WVMA, without any evidence that the existing conditions are insufficient.

Least Restrictive Means Violation: Even if there were a compelling governmental interest being served, there was absolutely no deliberation about other ways to address that interest that would not interfere with WVMA’s ability to continue its existing operations. Before requiring a costly full fence replacement, the Commission should first allow the required plantings to mature and lighting to be updated and assess whether the concern is resolved. That is what “least restrictive means” requires. Where any gaps remain, lower-cost screening and privacy mesh solutions are readily available at a fraction of the cost of full fence replacement. The eastern side of the facility (sections O to S) borders vacant land, has a chain link fence, and should be excluded from any fence requirement entirely.

Equal Terms Violation: No other faith institution, regardless of the zone their facility is located, is subject to such requirement.

We respectfully suggest that the current language (Condition 20) in the draft conditions of approval be maintained.

Page 529 ends

ITEM NO. 8.

WVMA’s Objections to New Conditions of Approval Page | 6 of 7

8. No Outdoor Amplified Sound:

Substantial Burden Violation: Prohibiting amplified sound of all sorts without exception substantially burdens WVMA’s practice of its faith by limiting the use of the outdoor areas. Child birthday parties, weddings, prayers, and other activities would be possible only in small groups.

There is no compelling governmental interest being served by a complete prohibition on outdoor amplified sound.

Section 16.20.040(a) of the Town’s code already prohibits amplified sound without a use permit issued by the Town.

Section 16.20.015 of the Town’s noise ordinance already imposes tight restrictions on outdoor noise generally.

Even if there were some conceivable compelling governmental interest being served, there was absolutely no deliberation about other ways to address that interest that would not interfere with WVMA’s ability to continue its existing operations.

Equal Terms Violation: No other religious institution has this limitation that is stricter than the Town noise ordinance.

We respectfully request that the condition prohibiting all amplified sound be omitted. The noise restrictions in the Town’s code are adequate to protect against unreasonable amplified sound levels.

In addition to the above issues, we object to the following conditions as arbitrary and capricious based on WVMA’s inability to ensure the condition will be met:

9. County Fire Condition: The Commission imposed a condition requiring County Fire to assess occupancy and compliance with occupancy limit. WVMA cannot perform this condition. Conditions that are not in control of WVMA should not be included, or they should be phrased in such a way as to indicate that “WVMA will request the County Fire to conduct…”.

10. Los Gatos Police Department to Increase Patrols During Ramadan: Similar to the County Fire, WVMA can request, but cannot be held accountable whether LGPD increases or does not increase patrols.

11. Offsite Parking in Ramadan: We will make every attempt to secure nearby offsite parking in Ramdan, but we are dependent on the availability and cost of parking lots nearby that are in close walking distance, and do not require pedestrians crossing major streets like Los Gatos Blvd. We want to ensure that any condition placed in the CUP is limited to us making a good faith effort to secure nearby offsite parking within walking distance that does not require pedestrians to cross arterial roads, and at a cost that is operationally feasible for a non-profit organization.

Equal Terms Violation by Requiring Regular Monitoring of WVMA Activities: We are concerned that certain conditions, especially when taken together, subject WVMA, the only mosque in Los Gatos, to regular monitoring, something other religious institutions are not subject to as a condition of their use or otherwise. This includes conditions relating to increased police patrols, County Fire’s compliance assessment regarding occupancy limits, written notice for events and prayers with at least 100 persons, 60-day notice requirements for events, as well as an annual review. This raises additional concerns about RLUIPA violations, including its Equal Terms provision.

Page 530 ends

ITEM NO. 8.

WVMA’s Objections to New Conditions of Approval Page | 7 of 7 We have not reviewed the specific language being proposed for these new conditions, and as details matter, we may have additional concerns beyond what are listed above. We will make every attempt to provide feedback once we have had an opportunity to review them when Staff publishes them prior to the meeting.

Finally, neighbors have frequently mischaracterized WVMA’s permitted activities as “violations.” Codifying 18 additional, highly granular conditions would not only burden WVMA but would also place an unsustainable administrative strain on the Town’s Code Compliance Division, the Los Gatos Police Department, and the Santa Clara County Fire Department. We have already seen Town resources diverted: the Police Department has been called multiple times to investigate standard operations, distracting officers from critical life-safety needs. Similarly, Code Compliance has been forced to dedicate significant hours to investigating perceived infractions that resulted in no enforcement action. Just this week, the County Fire Department will be conducting another facility review—the second in only six months. This level of unprecedented scrutiny on WVMA is an inefficient use of public funds. We urge the Commission to consider the preventable downstream burden these granular conditions will create for Town staff and emergency responders when applied to a facility already operating in good faith.

If the conditions placing an undue burden on our religious practice cannot be resolved through modifications at the Planning Commission level, or the appeals process, our attorneys have advised us of available federal remedies, which we hope will not be necessary. That is not our preferred path – our preference has always been the cooperative approach that has guided us throughout this 21-month process. But we have a fiduciary duty and an obligation to protect our community’s constitutional right to worship freely, and we will act on that obligation. We note that RLUIPA provides for attorney's fees to prevailing parties, which underscores the importance of the Commission acting within the law. We raise these concerns in the hope that the Commission will act to avoid that outcome.

Page 531 ends

ITEM NO. 8.

WVMA’s Objections to New Conditions of Approval
Appendix A: RLUIPA Guidelines
We request the Planning Commission to review the RLUIPA Guidelines issued by the Department of Justice at:
https://www.justice.gov/sites/default/files/crt/legacy/2010/12/15/rluipa_guide.pdf A summary of the key provisions listed in the above document are:
• Substantial Burden: A land use regulation that puts significant pressure on a religious institution to change its behavior or violates its core beliefs, rather than a mere inconvenience. • Religious Exercise: Defined broadly to include the use, building, or conversion of real property for religious activities.
• Equal Terms Provision: Prohibits governments from treating religious assemblies or institutions on less than equal terms with nonreligious institutions (e.g., allowing clubs but banning churches). • Nondiscrimination Provision: Prohibits land use regulations that discriminate against any assembly or institution on the basis of religion or religious denomination. • Compelling Government Interest: To restrict religious land use, the government must prove they are pursuing a critical, high-priority interest (e.g., safety) using the "least restrictive means" possible. • Excluded/Unreasonable Limits: Prohibits regulations that totally exclude religious assemblies from a jurisdiction or impose unreasonable limitations on them. • Individualized Assessments: RLUIPA applies when a government makes case-by-case decisions on land use, such as zoning variances or special use permits.
• Under Color of Law: Refers to actions taken by state or local governments that utilize power given by law, which RLUIPA strictly regulates.

Page 532 ends

ITEM NO. 8.

WVMA’s Objections to New Conditions of Approval
Appendix B: Parking Lot Quotes
See following pages

Page 533 ends

ITEM NO. 8.

From: Lubna Shaikh [email protected]
Subject: Fwd: [EVERLINE] Preliminary Assessment: Concrete Repairs & Safety Improvements Date: May 7, 2026 at 4:58PM
To: Razi Mohiuddin [email protected]
---------- Forwarded message ---------
From: KP Singh <[email protected]>
Date: Thu, Apr 30, 2026 at 3:12PM
Subject: Re: [EVERLINE] Preliminary Assessment: Concrete Repairs & Safety Improvements To: Lubna Shaikh <[email protected]>
Cc: Romela Alonzo <[email protected]>
Dear Lubna,
That’s a great question, and I’m glad you brought it up for clarity with the board.

In general, with vehicles traveling at low speeds (under ~10 mph), significant noise reduction cannot be guaranteed, regardless of repairs or repaving. That said, repairing uneven surfaces (cracks, uplifted slabs) does help reduce some of the impact noise caused by bumps or irregularities.

One important consideration I wanted to ask you about:

Would you be open to exploring asphalt as an option instead of concrete? Asphalt typically offers:

A slightly quieter ride due to its flexibility
A smoother surface, which can reduce vibration-related noise More cost-effective installation and maintenance over time If noise reduction is an important factor for the board, asphalt may be worth considering alongside concrete. Please let me know and I can include both options in the proposal for comparison if you’d like.

Please let me know your thoughts, and I’ll make sure the estimates and notes clearly reflect these considerations.

Warm regards,
KP Singh
CA License# 1123702
PWCR # 2000004834
Owner - San Jose, Santa Clara,
Campbell, Los Gatos, Monte Sereno
EverLine Coatings and Services
"Rethink Pavement Maintenance"
1 408-320-5957
[email protected]
https://everlinecoatings.com/
San Jose, Los Gatos, Saratoga, Campbell
Book a Meeting
Click below to watch our pitch!

Page 534 ends

ITEM NO. 8.

RECIPIENT:

West Valley Muslim Association
16769 Farley Road
Los Gatos, California 95032
Phone: (408) 367-9457
SENDER:

WE LOVE PAVING® INC
Main Office:
5201 Great America Pkwy Suite 320
Santa Clara, California 95054
Phone: (888) 273-0077
Email: [email protected]
Website: www.welovepaving.com
We Love Paving is here to help!
Lubna,
Thank you for the opportunity to provide a proposal for 16769 Farley Rd, Los Gatos.

Please don't hesitate to reach out at any time with questions or if you need any adjustments. We’re excited about the opportunity to work together.

We also invite you to visit our website at [www.welovepaving.com] to learn more about our services and view video testimonials from previous clients who share their experiences working with us.

Best regards,
We Love Paving Inc.

CSLB #1049649
1 of 8 pages
QUOTE #202516211
SENT ON:
05/04/2026

Page 535 ends

ITEM NO. 8.

Product/Service Description Qty. Unit Price Total

REMOVE CONCRETE

AND REPLACE WITH

ASPHALT
Scope of Work: (see sitemap for reference)
Remove Concrete and Replace with Asphalt
- Asphalt up to: 65,520 ft²
- Asphalt up to: 4" thickness
Process:

Step 1: Excavate Existing Concrete (Haul Offsite)
Step 2: Grade and Compact Existing Baserock
Step 3: Asphalt Hot Mix (Produce & Import Fresh
Batch)
Step 4: Asphalt Paving/ Installation
Step 5: Project Cleanup and Delivery
*If additional material and or resources are required
upon arrival, post-excavation of the existing surface
or throughout the project, a Change Order will be
generated and sent to the client. Additional materials
such as Baserock or additional Asphalt may be
required from time to time to ensure a proper base
and/or drainage direction are established or for
sufficient materials to complete the project.
1 $588,506.82 $588,506.82
2 of 8 pages
QUOTE #202516211
SENT ON:
05/04/2026

Page 536 ends

ITEM NO. 8.

Product/Service Description Qty. Unit Price Total
Disclosure and Disclaimer
on Surrounding Pavement
(Damages)
We would like to inform you that the presence of
heavy equipment blemishes, tire marks, and other
surface marks in the vicinity of the work area may be
inevitable due to the nature of our operations. Please
be aware that these are inherent outcomes of our
activities for which we cannot be held accountable.

Operating heavy equipment on distressed pavement
may further compromise or damage it. Therefore, we
would like to clarify that you are not eligible for a new pavement, a new repair, a new patch or any other
work not on our "scope of work" under these
circumstances. If such work is desired, a change
order and charge would be required. We hereby
waive all liability for any harm caused to distressed,
worn, or aged pavement surfaces, such as cracks,
potholes, tire marks, scratches, or powder dust from
our construction activities.

A signing deposit of $100.00 will be required to schedule a start date.

Total $629,861.46
Attachments
View online https://l.jbbr.io/0u64Ibq
2026 - 16769 Farley Rd, Los Gatos .pdf
7 of 8 pages
QUOTE #202516211
SENT ON:
05/04/2026

Page 537 ends

ITEM NO. 8.

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Page 538 ends

ITEM NO. 8.

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Page 539 ends

ITEM NO. 8.

WVMA’s Objections to New Conditions of Approval
Appendix C: Current Fence and Hedge Conditions
See following pages

Page 540 ends

ITEM NO. 8.

WVMA Fence Pictures Page | 1 of 13
Appendix C – Fence and Hedges
05/08/2026
We took recent pictures to show the current status of the fence and the hedges that already prevent the light and noise. The locations and pictures are labeled alphabetically.

As evident, the vast majority of the fence area next to residences already is well covered with hedges to minimize noise and lights. Note that there is an empty land on the Eastern Side (O to S), and should be excluded from any conditions.

Page 541 ends

ITEM NO. 8.

WVMA Fence Pictures Page | 2 of 13
A-1 – egress driveway
A-2 – egress driveway

Page 542 ends

ITEM NO. 8.

WVMA Fence Pictures Page | 3 of 13
B-1 – Egress driveway
B-2 – Egress driveway

Page 543 ends

ITEM NO. 8.

WVMA Fence Pictures Page | 4 of 13
C – Farley west fence
D-E – Farley west fence

Page 544 ends

ITEM NO. 8.

WVMA Fence Pictures Page | 5 of 13
D1 – Farley west fence
D-2 – Farley west fence

Page 545 ends

ITEM NO. 8.

WVMA Fence Pictures Page | 6 of 13
E – Corcel fence
F – Corcel fence

Page 546 ends

ITEM NO. 8.

WVMA Fence Pictures Page | 7 of 13
G-1 – Corcel fence
G-2 – Corcel fence

Page 547 ends

ITEM NO. 8.

WVMA Fence Pictures Page | 8 of 13
H – Corcel fence
I – Corcel fence

Page 548 ends

ITEM NO. 8.

WVMA Fence Pictures Page | 9 of 13
J – Chirco fence
K – Chirco fence

Page 549 ends

ITEM NO. 8.

WVMA Fence Pictures Page | 10 of 13
L – Chirco fence
M-1 – Chirco fence

Page 550 ends

ITEM NO. 8.

WVMA Fence Pictures Page | 11 of 13
M-2 – Chirco fence
N-1 – Chirco fence

Page 551 ends

ITEM NO. 8.

WVMA Fence Pictures Page | 12 of 13
U – ingress driveway
V – ingress driveway

Page 552 ends

ITEM NO. 8.

WVMA Fence Pictures Page | 13 of 13
W – ingress driveway

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ITEM NO. 8.

This Page
Intentionally
Left Blank

Page 554 ends

ITEM NO. 8.

From: Kim Ratcliff < >
Sent: Friday, May 8, 2026 11:27 AM
To: Jocelyn Shoopman <[email protected]>
Cc: Alexa Nolder <[email protected]>; jimratcliff < >; Sean Mullin <[email protected]>
Subject: Re: Please re-open public hearing to consider Parking Lot Closure Rule Condition Request -- WVMA CUP Modification
Dear Jocelyn,
Here is the link to the second video for the Planning Commission.

Thanks,
Kim
EXHIBIT 37

Page 555 ends

ITEM NO. 8.

From: Kim Ratcliff < >
Sent: Friday, May 8, 2026 10:59 AM
To: Planning <[email protected]>; Jocelyn Shoopman <[email protected]>; Alexa Nolder <[email protected]>; jimratcliff < >; Joel Paulson <[email protected]>; Sean Mullin <[email protected]> Subject: Please re-open public hearing to consider Parking Lot Closure Rule Condition Request -- WVMA CUP Modification
Dear Planning Commission,
As direct next door neighbors to the West Valley Muslim Association, we hope that you will take into account our close proximity to WVMA's exit driveway and re-open the public hearing in order to request the following change to the draft conditions of approval:

Operating hours for all general activities year round outside daily prayers (and Ramadan) are limited to 8 am to 10 pm with WVMA’s parking lot cleared by 10pm in adherence with the Town quiet hours.

As written in the proposed draft conditions dated March 25, 2026, under condition 14. Lot Closure Rule, states, "Nonwithstanding the Quiet Hours limitation, the parking lot shall be vacated by 11 pm during general hours of operation and within 30 minutes of the end of the last service during seasonal late hours, with staff or volunteers reminding attendees to leave quietly.

The lot can be opened two hours prior to sunrise for the pre-sunrise service." Although WVMA has operated until 10 pm for the last eight years, the above condition will allow WVMA to operate year round until 10:30 for non-prayer activities and clear the parking lot by 11 pm. Living with 200 vehicles passing within 30 feet of our bedroom as we try to sleep at 11 pm every night will be a substantial burden on our physical and mental health and leave us unable to perform our jobs at maximum effort.

For context, here is a short video we took of just six vehicles exiting WVMA's narrow driveway next to our home. The noise and light pollution
makes it impossible for us to sleep. Imagine this same disruption multiplied by 200 every night until 11 pm year round. Attached is another video to give you an idea of the substantial burden places on us.

Additionally, within this condition, we ask that WVMA be given a 15-minute grace period to vacate the lot after the end for the last service during seasonal late hours, as 30 minutes seems excessive.

Thank you in advance for your careful consideration. Our mental and physical health have already suffered immeasurably due to WVMA's relentless traffic and density/intensity. We hope you can offer us some relief.

Kim and Jim Ratcli

Page 556 ends

ITEM NO. 8.

From: Gus Who < >
Sent: Friday, May 8, 2026 8:38 AM
To: Clerk <[email protected]>
Cc: Council <[email protected]>
Subject: HEADLINE NEWS!

To Whom It May Concern,

Please place this FRONT PAGE NEWS on an Agenda Item before Town Council.

I Believe if this Subject Matter goes to Court(Federal and not State), The Town, Planning Commissioners, all members of the neighborhood coalition and the WVMA will lose!

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ITEM NO. 8.

This situation could have been settled, as enough information was made available through the process of gathering and holding informal public hearings, (planning and not Town Council meetings) and not made public until after the fact, as public news goes.

As I believe most people will see this article and … blah, blah, blah

Tim E

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ITEM NO. 8.

From: Farley Road Neighborhood Coalition < >
Sent: Thursday, May 7, 2026 3:14 PM
To: Jocelyn Shoopman <[email protected]>; Alexa Nolder <[email protected]>; Planning <[email protected]>; Chris Constantin <[email protected]>; Gabrielle Whelan <[email protected]>
Cc: Allen Meyer <[email protected]>; Sean Mullin <[email protected]>; Joel Paulson <[email protected]>; Town Manager <[email protected]> Subject: 16769 Farley Road – Correcting the Public Record Dear Chair, Vice Chair, and Members of the Planning Commission, We appreciate your diligence in considering West Valley Muslim Association's Conditional Use Permit modification application. We know how critical it is to have the facts, not just the applicant’s narrative which exhibits a troubling pattern of misrepresentation, inconsistent statements, and international omissions.

Because public comment was not available for neighbors during the 4/22, we feel it’s crucial to correct the record. We are therefore submitting a formal response to you to both consider and correct inaccurate information that was shared by the applicant during previous Planning Commission sessions on 3/25/26, 3/31/26, and 4/22/26, in supplemental materials, and to the press.

We ask that the meeting minutes be corrected, so the correction information is available and on the record, and in particular to the "CONSENT TO APPROVE" for the 4/22/26 meeting. _____________________________________________________________________________ Financial Burden
Stated as fact: “The Planning Commission decision comes with a $1 million price tag for facility improvements, on top of other burdens,” the applicant said to the Mercury News and Los Gatan, citing a substantial burden. (The applicant was referring in part to the condition of fixing pavement cracks that cause noise.)
Correction: In Exhibit C Neighborhood Outreach submitted to the Town on 4/29/2025, the applicant noted under the “Neighborhood Feedback and Our Actions Item 2: “Feedback Received: Refinish parking lot to reduce noise. Our actions: Our parking lot has some root damage. We are awaiting warmer weather to refinish the parking lot.” It has been over a year and no work has been completed.

Additionally, WVMA is in escrow to purchase a $15 million facility in Cupertino, and noted to members that immediate fixes will total “$500,000.”
______________________________________________________________________________

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ITEM NO. 8.

Intensity of Use and Zoning
Stated as fact: “The only change is the religion being practiced: from Jehovah’s Witness to Islam.” – Applicant Razi Mohiuddin
Correction: For us neighbors, everything has changed. And the change is not mere inconvenience. We can’t sleep; and during the day we can’t perform our jobs because we’re sleep-deprived. We can’t safely walk on our street because of the 1000% increase of vehicles on the road as compared to Jehovah’s Witness Church (JW). JW held two services a week; WVMA holds 5 prayers a day, up to 14 activities a day which translates into relentless traffic and unsafe road conditions for neighbors. Additionally, the number of vehicles (500 daily; 8,000 during the month of Ramadan – an increase of 7,532 vehicles compared to JW), along with the proposed added 320 daily vehicles during early/late night prayers, entering and exiting within 30 feet of our bedrooms destroys our physical and mental health.

Facility Usage & Traffic Comparison
Metric Previous (Jehovah’s Witness) Current (WVMA) Impact Level Weekly Events 2 services 133
activities/prayers*
6,6x Increase
Daily Traffic Negligible (mostly empty) 500 vehicles Constant Ramadan Traffic No seasonal surge 24,000 vehicles/mo. Crisis Level Peak Traffic Low 800 vehicles/day** Overwhelming
Sleep/Work Impact High compatibility Zero compatibility Detrimental *Math: (5 Prayers + 14 Activities) × 7 days = 133 weekly events. **Peak average during Ramadan surge.
______________________________________________________________________________ Stated as fact: “We encourage attendees to carpool.” “Implemented overflow parking plan with Affordable Treasures in Ramadan 2026.” (Supplemental Statement in Support of Approval, 4/22/26)
Correction: Historically, there have been as many as 300 overflow vehicles parked on Farley Rd and neighboring streets during Ramadan; the number of cars on the road during Ramadan and Friday prayers make our street unsafe for children riding bikes home from school and pedestrians, The nighttime is particularly dangerous because it is dark and the volume of vehicles on the road is 8,000/month for WVMA vs 468/month for Jehovah’s Witness with recorded/documented incidents of speeding, blocked driveways, cars illegally passing, etc. ______________________________________________________________________________

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ITEM NO. 8.

Stated as fact: “We implemented dual driveway exit operations.” Correction: WVMA’s executive director confirmed to neighbors that having cars both enter and exit on WVMA’s narrow entrance driveway is dangerous, offering that she crashed her car while doing so.
__________________________________________________________________________ Safety Claims
Stated as fact: MCA Al-Noor mosque holds Ramadan activities at Catherine Street mosque. (PC Meeting 3/31)
Correction: Ramadan activities are held at the Scott Boulevard Location which leases parking lots and posts this map on their website (screenshot attached) which shows members nearby parking lots secured by MCA for overflow parking. MCA has had to implement towing enforcement and notes on this parking map that parking in non-sanctioned red areas on the map will result in towing at the owner's expense.

Even with this concession, Catherine Street neighbors have been burdened with similar problematic traffic and congestion, (although Catherine Street has sidewalks and street lights).

Records indicate neighbors have complained to the City of Santa Clara as far back as 2013, and parking has been so problematic that MCA Al-Noor states on its website that towing will be enforced at the Catherine Street location.
____________________________________________________________________________ Stated as fact: “During Ramadan 2026, public safety personnel were present on the busiest nights and raised no concerns about noise, traffic, or safety.” – 4/22/2026 Supplemental Statement
Correction: Commissioners Stump and Burnett cited the dangerous conditions on the nights of their site visits. WVMA’s parking attendants are not qualified to judge conditions. No professional noise, traffic, or safety expert (including Gary Heap, Town engineer or Mike Vroman Senior Traffic Engineer) was present during any of the thirty consecutive nights of congested, hours-long traffic, including the busiest nights of Ramadan. Furthermore, under Sec. 15.20.020 of the Town Code, “No person other than a designee of the Director of the Parks and Public Works Department, an officer of the Police Department, or a person authorized by the Chief of Police, or person authorized by law, shall direct or attempt to direct traffic.” ______________________________________________________________________________ Stated as fact: “During Ramadan 2026, public safety personnel were present on the busiest nights and raised no concerns about noise, traffic, or safety.” – 4/22/2026 Supplemental Statement

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ITEM NO. 8.

Correction: The applicant himself admitted safety concerns to the Town on 2/26/26 pertaining to how, for 30 nights during Ramadan, members walked into and out via WVMA’s narrow unlit entrance and exit driveways. Pedestrians were separated by mere inches from vehicles by a line of police caution tape. The applicant stated “this is unsafe for everyone and also creates a bottleneck for cars driving in.”
______________________________________________________________________________ Other Bay Area mosques
Stated as fact: When asked by Commissioner Burnett, of the eight total mosques in the area, are any of them in a residential zone like R-1:8, the applicant Razi Mohuiddin answered, “Yes…the Evergreen Islamic Center (EIC) in San Jose’s Evergreen green area is in a residential zone. [Muslim Community Association] Masjid Al-Noor, party of the Muslim Community Association at 1755 Catherine Street, has operated in a residential zone since the mid-1980s…” (3/25 Planning Commission meeting)
Correction: As stated by Ratcliff attorney Sblend Sblendorio (letter attached) The EIC is zoned in a Planned Development (PD), and Al-Noor is in Santa Clara’s Public/Quasi-Public zoning. EIC has gated entry/exit from Ruby Avenue, an arterial thoroughfare approx. 250 from a large four-way intersection. WVMA is immediately surrounded by single family residences on all sides whereas the EIC facility has houses only on one side and the other sides are adjacent to open fields. MCA Al-Noor has a gated entry/exit from two sides, onto large, residential roads with sidewalks.

These alternatives are available to members, along with WVMA’s new Cupertino facility which is zoned appropriately for WVMA’s intensity and density therefore more hours and usage appropriate to Farley Road’s R-1 designation does not create a substantial burden under RLUIPA.

Other Religious and Non Religious Facility CUPs
Stated as fact: “No comparable institution in Los Gatos—religious or non-religious—operates under conditions like these.” 4/22/2026 Supplemental Statement Correction: No other religious or non religious institution designated R-1 and a landlocked property has WVMA’s intensity and density, and WVMA’s severe parking deficit. No other religious institution is asking for a 19-hour operating hour, or 24,000 vehicles driving through semi-rural streets over a 30-day period. Per Commissioner Stump, Calvary Church, the most comparable in activity, has a weekly attendance of 500 and 467 parking spaces with two twoway driveway onto a major arterial road. Calvary Church was required to eliminate vehicle access to Robie Lane, an adjacent residential street, and permanently blocked off an additional entire section of its parking lot. WVMA has no comparable proposed conditions.

Hillbrook School has a daily maximum traffic cap. Calvary Church was required to eliminate vehicle access to Robie Lane, an adjacent residential street, and permanently blocked off an additional entire section of its parking lot. WVMA has no comparable proposed conditions. _________________________________________________________________

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ITEM NO. 8.

Statement: “Faith Lutheran Church, approved in April 2025 in an identical R-1 zone, has no annual review, no attendance limits outside, and no delivery restrictions,” Razi Mohiuddin said in an email to the Los Gatan.

Correction: Faith Lutheran (FL) has a maximum occupancy of 220 in their church sanctuary (which is not used for assembly and worship uses) and therefore differs markedly from what WVMA is seeking. Additionally, FL has more stringent overflow parking and special events conditions than those proposed for WVMA. For any special onsite events exceeding 100 attendees not specifically authorized by use permit FL, must give Town Police and Planning Departments at least 90 days prior notice and receive preapproval, and comply with Town ordinances, namely the noise ordinance. WVMA routinely holds events with more than 100 attendees. WVMA received a noise curfew violation notice from the Town on or about September 23, 2025. WVMA has received a noise violation warning in regards to outside amplification.
____________________________________________________________________________ Existing CUP
Stated as fact: “We anticipate between 10 to 25 members using the facility until 11 pm for Ramadan.” (written description of proposed project for WVMA CUP and captured in Planning Commission’s Approved Meeting minutes on March 2020) “The proposed use of the property would not impair the integrity and character of the zone; and the proposed use would not be detrimental to public health, safety, or general welfare,” Joel Paulson PC Report, 3/6/2020 Correction: During Ramadan 2024, 2025 and 2026 800+ members stayed until as late as midnight. The use has impaired the integrity and character of the zone; and the proposed use is detrimental to public health, safety, or general welfare.

Operational Impacts Done to Appease Neighbors
Stated as fact: “To minimize noise from the gate track when exiting the parking lot, WVMA has temporarily removed the track/guide to the gate, rendering its $50,000 commercial gate inoperable.” Revised Letter of Justification page 19)
Correction: Please watch video: After neighbors were unable to sleep because of the loud, rhythmic thumping of cars crossing WVMA’s 15-20 year-old malfunctioning traffic gate, in 2024, WVMA finally ripped out the strip. WVMA has yet to replace the existing gate (estimated value of 15-year-old gate – $1,500).

Mediation
Statement: “The neighbors declined that [mediation] request,” said Razi Mohiuddin on 4/22/26 to the Planning Commission. “The neighbors rejected the free mediator, did not accept any low cost options, declined to share costs... Neighbors didn’t bother to mention they were up for this

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ITEM NO. 8.
during their April 16 meeting, and noted the free mediation opportunity had already passed by then. (Supplemental Statement in Support of Approval, 4/22/26) Correction: FRNC sent an email to applicant stating neighbors could not coordinate their schedules on such short notice to attend a mediation session on April 16 but that we were actively researching low cost mediators because paying would be a financial hardship for the neighbors. FRNC also communicated to the applicant that the PC asked us to report back on progress by the 4/22 meeting, not to have engaged in mediation by that date. ____________________________________________________________________ Eid Prayers
Statement: “At substantial cost and burden, we prayed in an open garage. We did this to be good neighbors. We did not want our most joyous celebration to create any burden on the surrounding community.” (Updated executive summary 3/24/26 pertaining to 2025 “Eid Prayers - Our Sacrifice”)
Correction: The 2025 event was not a sacrificial offering to neighbors. WVMA stated on its website that there were 2,000 people in attendance (see attached screenshot from WVMA website). WVMA could not have held the event at the Farley Road facility without violating its occupancy limits. Furthermore, WVMA held the 2026 Eid event at West Valley Community College (as advertised in their congregation communications.) Clearly they have options to handle large events elsewhere.
______________________________________________________________________________ Historical Context
Statement: “The expectation that potentially hundreds of vehicles would arrive and depart in concentrated time periods at this facility, and in this neighborhood, is a settled matter from 36 years ago.” (WVMA CUP executive Summary March 24, 2026
Correction: The Town did not have a crystal ball 50 years ago. First Baptist Church had a weekly attendance of 600; not WVMA’s 2,400. An operation of this scale would never be approved today for a facility located on a residential road with no sidewalks or striping, three streetlights and no access to a major arterial road, and landlocked around 17 homes.

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ITEM NO. 8.

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ITEM NO. 8.

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ITEM NO. 8.

From: Farley Road Neighborhood Coalition < >
Sent: Thursday, May 7, 2026 2:53 PM
To: Jocelyn Shoopman <[email protected]>; Alexa Nolder <[email protected]>; Planning <[email protected]>; Chris Constantin <[email protected]>; Gabrielle Whelan <[email protected]>
Cc: Allen Meyer <[email protected]>; Sean Mullin <[email protected]>; Joel Paulson <[email protected]>; Town Manager <[email protected]> Subject: Evidence of Noise Impact at WVMA – Request for CUP Prohibition of Outdoor Amplified Sound
Dear Planning Commissioners,
As you consider the Conditional Use Permit (CUP) for the West Valley Muslim Association (WVMA), I am submitting the enclosed video evidence to document the real-world impact that outdoor events at this site have on our residential neighborhood.

This recording provides a clear "before and after" comparison of how sound travels from the property:
• 0:00 – 01:44: Chanting begins. Even without speakers, the sound is already clearly audible from neighboring residential properties.
• 01:45 – End: Amplification is turned on. At this point, there is a significant and jarring increase in both volume and reach, illustrating how quickly a ceremony becomes an intrusive neighborhood disturbance.

Our neighborhood was not designed for this level of intensity. This video demonstrates that even moderate outdoor activity is audible, and once amplified, it becomes overwhelming. We have found that "light" restrictions or self-monitoring are ineffective at protecting the peace and quiet of our homes.

Even the applicant himself told you “all of our prayer services are held indoors, with no amplified outdoor sound.” (WVMA CUP summary, 3/24/26.) So this condition should not be burdensome.

We respectfully urge the Planning Commission to include a clear and enforceable Condition of Approval (CUP) that strictly prohibits outdoor amplified sound. Relying on anything less would fail to preserve the residential character of this community.

Thank you for your commitment to maintaining the balance between facility use and neighborhood livability.

Sincerely,
FRNC

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ITEM NO. 8.

From: Farley Road Neighborhood Coalition < >
Sent: Thursday, May 7, 2026 2:34 PM
To: Jocelyn Shoopman <[email protected]>; Alexa Nolder <[email protected]>; Planning <[email protected]>; Chris Constantin <[email protected]>; Gabrielle Whelan <[email protected]>
Cc: Allen Meyer <[email protected]>; Sean Mullin <[email protected]>; Joel Paulson <[email protected]>; Town Manager <[email protected]> Subject: CUP Consistency: Hayward Mosque Precedent of 92 Conditions vs. WVMA’s ~40 Executive Summary
The 40+ conditions proposed for the West Valley Muslim Association (WVMA) are a standard and necessary planning response to a 6,550% increase in site activity (from 2 services to 133 weekly events). The attached precedents from Hillbrook School (Los Gatos), the MCA (Santa Clara), and the Islamic Association of Immigrants (Hayward)—which operates under 92 conditions—demonstrate that high-intensity uses in residential zones require detailed "operating manuals" to protect neighborhood infrastructure and residential quietude.

Dear Honorable Members of the Town Council,
We are submitting the attached Conditional Use Permits (CUP) to support the Town’s diligent work in managing the intensification of the WVMA site. These documents provide clear evidence that the proposed conditions are consistent with local and regional standards for highimpact facilities in residential zones.

1. Managing Extreme Operational Intensification
The primary necessity for these conditions is the unprecedented shift in the site’s usage. The facility has transitioned from a quiet neighbor to a regional hub hosting 133 weekly events (5 prayers and 14 activities daily).

As seen in the Hillbrook CUP, the Town routinely manages this level of intensification with strict "guardrails." Hillbrook’s permit includes over 30 conditions, including mandatory traffic counters (Condition #19) and daily fines for trip cap violations. The WVMA conditions provide the Town with the same necessary oversight required to manage a high-traffic institution.

2. Regional Precedent for Comprehensive Oversight (Hayward Mosque) The attached Hayward Mosque permit (AUP No. 201502644) is a direct "apples-to-apples" comparison. Despite being located in a Single Family Residential (RS) district similar to ours, the City of Hayward imposed 92 separate conditions to ensure neighborhood compatibility (pp. 2- 3).
• Acoustic Containment: Mirroring the WVMA’s requirements, Hayward’s Condition #7 mandates that all activities, including daily prayer, must occur strictly indoors (p. 4).

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Los Gatos City CouncilAugust 18, 2026

Los Gatos City Council
August 18, 2026