Judge Throws Out Latest Appeal to Netflix Project in Los Gatos

Santa Clara County Superior Court Court Judge Joseph Huber, who ordered Los Gatos government officials to complete an EIR for the future Netflix project last year, has thrown out the latest appeal opposing the height of its four buildings.

On Aug. 14, Judge Huber cleared the way for the project by ruling against the Los Gatos Citizens for Responsible Development's motion to "discharge writ" by the town, the Los Gatos Council and Los Gatos Business Park, LLC's plans and its environmental impact report.


The Citizens' attorney, Rose M. Zoia, objected to the project's latest version saying it was inconsistent with the Los Gatos General Plan's "rigid standard" imposing a 35-foot height limit on buildings.

Netflix spokesman Joris Evers confirmed that the giant media streaming company, born and headquartered in Los Gatos, has signed a lease now for a second building related to the project.

Developer John R. Shenk said this means Netflix has now signed a contract to occupy two of the four buildings, which are approximately 242,500 square feet.

Shenk said demolition on the Los Gatos Business Park buildings that currently exist on the site started this week.

"It is a great day for Los Gatos. The vast majority of residents that supported this project are pleased to learn that it is moving forward," Shenk said.

Shenk said he would be demolishing seven of the 10 existing buildings at the Los Gatos Business Park, owned by The Carlyle Group and Sand Hill Property. Three buildings will remain intact as they're currently leased until phase.

Shenk anticipated completion of the project by Q1 of 2015.

The Council on June 3 voted 4-1 in favor of a smaller version of the project at the intersection of Highway 85 and Winchester Boulevard. It reduced it from the proposed 550,000 square feet to 485,000.

Also, two of its four buildings' heights were lowered from four stories, or 65 feet, to three stories, or 50 feet. One of the lowered buildings was the one closest to Highway 85 and the current Netflix campus at 100 Winchester Circle. The company had already signed a 10-year lease on it and had options on the rest of the project.

The project's originally proposed three-story parking garage will also be capped at 35 feet, with the option of going underground, the Council voted.

In April of 2012, a Santa Clara County Superior Court judge sided with the Citizens and ordered the preparation of an EIR for the project.

Los Gatos resident Bonnie Westman said was pleased with the judge's rejection of the appeal as she had worked with a group in town this past spring that was in favor of the new development.