Item 2 - Staff Report.16769 Farley Road
PREPARED BY: Diego Mora
Assistant Planner
Reviewed by: Planning Manager and Community Development Director
110 E. Main Street Los Gatos, CA 95030 ● (408) 354-6872
www.losgatosca.gov
TOWN OF LOS GATOS
PLANNING COMMISSION
REPORT
MEETING DATE: 03/11/2020
ITEM NO: 2
DATE: March 6, 2020
TO: Planning Commission
FROM: Joel Paulson, Community Development Director
SUBJECT: Requesting approval of a modification to an existing Conditional Use Permit
for expanded hours of operation in an institution for religious observance
(West Valley Muslim Association), located at 16769 Farley Road (APN 424-21-
062). Conditional Use Permit Application U-20-001. Property Owner: West
Valley Muslim Association. Applicant: Javed Khan.
RECOMMENDATION:
Approval, subject to the recommended Conditions of Approval.
PROJECT DATA:
General Plan Designation: Low Density Residential
Zoning Designation: Single-Family Residential, R-1:8
Applicable Plans & Standards: General Plan
Parcel Size: 0.21 acres
Surrounding Area:
Existing Land Use General Plan Zoning
North Residential Low Density Residential R-1:8
South Residential Low Density Residential R-1:8
East Residential Low Density Residential R-1:8
East Residential Low Density Residential R-1:8
PAGE 2 OF 5
SUBJECT: 16769 Farley Road/U-20-001
DATE: March 6, 2020
CEQA:
The project is Categorically Exempt pursuant to the adopted Guidelines for the Implementation
of the California Environmental Quality Act, Section 15301: Existing Facilities. No significant
effect on the environment will occur since the project uses an existing structure with no
increase in floor area.
FINDINGS:
▪ The project is Categorically Exempt pursuant to the adopted Guidelines for the
Implementation of California Environmental Quality Act, Section 15301: Existing Facilities.
No significant effect on the environment will occur since the project uses an existing
structure with no increase in floor area.
▪ As required by Section 29.20.190 of the Town Code for granting approval of a Conditional
Use Permit application.
ACTION:
The decision of the Planning Commission is final unless appealed within ten days.
BACKGROUND:
On January 10, 1990, the Planning Commission approved a Conditional Use Permit (U-89-11) to
allow the improvement and expansion of an existing institution for religious observance facility
(Exhibit 4).
PROJECT DESCRIPTION:
A. Location and Surrounding Neighborhood
The subject site, located at 16769 Farley Road approximately 700 feet west of Los Gatos
Boulevard, is currently used for religious observance. The adjacent properties on all sides
are zoned R-1:8 (Exhibit 1).
B. Project Summary
The applicant is requesting approval of a Conditional Use Permit (CUP) modification for
expanded hours of operation from 10:00 p.m. to 11:00 p.m., for 30 days annually during the
religious service month of Ramadan.
When reviewing a CUP, the deciding body should consider the information in the applicant’s
Written Description (Exhibit 5); however, the key consideration should be the proposed use
PAGE 3 OF 5
SUBJECT: 16769 Farley Road/U-20-001
DATE: March 6, 2020
PROJECT DESCRIPTION (continued):
since the CUP runs with the land and the operational details can change from owner to
owner.
C. Zoning Compliance
Pursuant to Town Code, the proposed use is an institution for religious observance, which is
allowed in the R-1:8 zone, subject to the approval of a CUP. Section 29.20.750(8) of the
Town Code (Zoning Regulations) requires Planning Comission consideration of CUPs not
assigned to the Development Review Committee or Town Council.
DISCUSSION:
A. Conditional Use Permit Application
The applicant proposes to expand the hours of operation from 10:00 p.m. to 11:00 p.m., for
30 days annually during the religious service month of Ramadan. The applicant has
provided a Written Description (Exhibit 5) describing operational details for the proposed
use.
The applicant indicates that the service month of Ramadan changes based on the lunar
calendar. For the year 2020, Ramadan will be from April 23, 2020 to May 23, 2020.
Ramadan prayer services begin at 8:30 p.m., with an anticipated 10 to 25 members using
the facility. The applicant is requesting expanded hours of operation from 10:00 p.m. to
11:00 p.m., to allow participants and West Valley Muslim Association members to attend
the prayer service.
B. Traffic and Parking
The site is currently used for religious observance and there would be no increase in traffic
impacts or required parking.
C. Conditional Use Permit Findings
In order to grant approval of a CUP, the deciding body must make the following findings:
1. The proposed use of the property is essential or desirable to the public convenience or
welfare; and
2. The proposed use would not impair the integrity and character of the zone; and
3. The proposed use would not be detrimental to public health, safety, or general welfare;
and
PAGE 4 OF 5
SUBJECT: 16769 Farley Road/U-20-001
DATE: March 6, 2020
DISCUSSION (continued):
4. The proposed use of the property is in harmony with the various elements or objectives
of the General Plan and the purposes of the Town Code.
With regards to the first finding, the use will continue providing a facility for religious
observance to which members have grown accustomed. With regards to the second
finding, the use will not impair the integrity of the zone because limitations will be placed in
the conditions of approval to preserve the character of the residential zone. With regards
to the third finding, the use will not be detrimental to public health safety or general
welfare because the conditions of approval will address any potential impacts. With
regards to the final finding, the proposed use meets the objectives of the General Plan and
Town Code as discussed within this report.
D. General Plan
Institutions for religious observance are distributed throughout the Town. The use is
consistent with the Low Density Residential General Plan land use designation for the
property with the approval of a CUP. The proposed project would have no exterior impacts,
maintaining the small-town, residential scale and natural environments of adjacent
residential neighborhoods.
The goals and policies of the 2020 General Plan applicable to this project include, but are
not limited to:
• Policy LU-6.2 - Allow non-residential activity in residential areas only when the
character and quality of the neighborhood can be maintained.
• Action LU-6.2 - The conditional use permit approvals for non-residential uses in
residential zones shall be reviewed by the Planning Commission on an as-needed
basis for any adverse impacts, nuisances, or any required modifications.
E. CEQA Determination
The project is Categorically Exempt pursuant to the adopted Guidelines for the
Implementation of the California Environmental Quality Act, Section 15301: Existing
Facilities. No significant effect on the environment will occur since the project uses an
existing structure with no increase in floor area.
PUBLIC COMMENTS:
Written notice was sent to property owners and tenants within 300 feet of the subject
property. At the time of this report’s preparation, the Town has not received any public
comments.
PAGE 5 OF 5
SUBJECT: 16769 Farley Road/U-20-001
DATE: March 6, 2020
CONCLUSION:
A. Summary
The applicant is requesting approval of a modification to an existing CUP for expanded
hours of operation from 10:00 p.m. to 11:00 p.m., in an existing institution for religious
observance, for 30 days annually during the religious service month of Ramadan.
No change in use or additional square footage is proposed; therefore, there will be no
increase in traffic impacts or required parking. The proposed use would be in conformance
with the Town Code and is consistent with the General Plan.
B. Recommendation
Based on the analysis above, staff recommends approval of the CUP subject to the
recommended conditions of approval (Exhibit 3). If the Planning Commission finds merit
with the proposed project, it should:
1. Make the finding that the proposed project is categorically exempt, pursuant to Section
15301 of the California Environmental Quality Act as adopted by the Town (Exhibit 2);
and
2. Make the findings as required by Section 29.20.190 of the Town Code for grant ing
approval of a CUP (Exhibit 2); and
3. Approve CUP modification application U-20-001 with the conditions of approval
attached in Exhibit 3.
C. Alternatives
Alternatively, the Commission can:
1. Continue the matter to a date certain with specific direction; or
2. Approve the application with additional and/or modified conditions; or
3. Deny the application.
Exhibits:
1. Location Map
2. Required Findings for Conditional Use Permit
3. Recommended Conditions of Approval
4. Existing Conditional Use Permit (U-89-11)
5. Written Description