Santa Clara County Judge Joseph H. Huber ruled last month that the Town of Los Gatos' determination, made by the Los Gatos Town Council in June of this year when it approved the project, was consistent with the General Plan and not arbitrary, capricious or without evidentiary basis.
The project calls for the construction of four Class-A office park buildings, two at 65 feet and two at 50 feet, plus a three-story parking garage for a total of 485,000 square feet. The Citizens claim the height exceeds their interpretation of the General Plan's building height provisions, which they believe caps them at 35 feet maximum.
The edifices will be located next to Highway 85 and near the planned end of the Vasona Light Rail Line. Netflix has signed leases for two of the buildings.
Los Gatos resident John Shepardson, one of the petitioners on the latest round of litigation, said the Citizens are appealing because they believe California law states that standards that are clear, fundamental and mandatory in municipal general plans must be followed.
Shepardson, who's an attorney by profession, also said the land-use designation in the General Plan states that the Albright site was subject to a 35-foot "maximum" height "limit," with "rigid" development standards.
"It is our view the three terms, 'maximum,' 'limit' and 'rigid' indicate the 35-foot height standard was a clear, fundamental and mandatory term, and not merely a term that 'should' be followed or 'encouraged,' " he said.
"Unfortunately, none of Judge Huber's decisions directly discussed whether the 35-foot limit was a clear, fundamental and mandatory term," Shepardson added.
The Citizens now seek review of Huber's decision by the 6th District Court of Appeal.
"We, including our land-use attorney experts, believe our position is correct under California law," Shepardson said.
Meanwhile, a group in favor of the project, "We Support Los Gatos," submitted in mid December 2013 more than 4,100 signatures to the Los Gatos town clerk to qualify a citizens’ initiative in support of the Albright Way office park project for the June 3 ballot.
Los Gatos-based Netflix has signed 10-year leases for two of the four buildings, where it plans to expand in the future.
ALSO ON LOS GATOS PATCH:
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- Judge Rules Albright Way/Netflix Project is Consistent With Los Gatos General Plan
- 'We Support Los Gatos' Submits 4,000 Signatures In Favor of Netflix HQ Project
- No Ruling Yet on Latest Netflix/Albright Way Development Challenge in Los Gatos
- Netflix/Albright Way Development Construction Has Begun in Los Gatos
- 'Netflix Grew Up in Los Gatos And We Would Love to Stay Here'
- Scaled Back Albright Way Project OK'd Monday by Los Gatos Town Council
- Timeline: Legal Challenges to Future Albright Way/Netflix Development Project
- Updated: Petition Drive Begins to Place Future Netflix Project on June Ballot
- Is the Los Gatos General Plan Outside the Court's Jurisdiction?
- Is Los Gatos' Netflix Staying or Leaving?
- Los Gatos' Albright Way Project Continued Until June 3
- Cherry Pickers to Illustrate Height of Future Los Gatos Netflix Campus
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