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Los Gatos Council Voids All Previous Netflix Project Approvals

Action is in response to judge's order requiring an environmental impact review of the plans be conducted before moving forward again.

The Los Gatos Town Council this week began the task of moving the future Netflix expansion project forward by

In April, a Santa Clara County Superior Court judge sided with the plaintiffs—Los Gatos Citizens for Responsible Development—and ordered the preparation of the document.

To resurrect the project, the Council Tuesday evening voided the botched approvals, which i

Under the California Environmental Quality Act, the town had to determine whether the project had a significant adverse effect on the environment. The town issued a mitigated negative declaration in August of 2011.

The Citizens, , and their attorney, Rachel Masfield-Howlett, said the project was large enough and had so many potential impacts that a more in-depth review of environmental impacts was required. "The negative declaration is only appropriate when the town can say absolutely no impacts would result. It's the lowest level of review. Any time there's substantial evidence that there may be an impact ... then the town must require that an EIR to be prepared," Mansfield-Howlett said last year about the reasons for suing the town.

The Council also voided Tuesday evening the architecture and site approval for the project which in September of 2011 granted permission to demolish five existing commercial buildings on the land and permission to begin construction of two new office buildings.

The voidance of the controversial documents were on the Council's consent agenda, which could have been approved without discussion from the public or Council members, however Vice Mayor Barbara Spector pulled the item to change the language of one of the resolution's paragraphs.

Quintana said she was disappointed in reading the resolution voiding the documents because it failed to explain what the judge's orders were.

She then read from the judgement which stated the town had violated CEQA and had failed to prepare the EIR.

The order stated there was substantial evidence in support of the fair argument that the project would have a significant impact on a minimum of two areas, traffic and aesthetics, she added.

Quintana also asked that all of the court's proceedings be added to the project's file.

DYER STICKNEY September 06, 2012 at 02:37 PM
SIMPLY STATED,FEELS LIKE SOMEONES GOT TOO MUCH TIME ON THERE HANDS.HOW MANY PEOPLE REALLY CARE IF YOU CAN SEE NETFLIX FROM 85 [REALLY] LETS NOT MAKE HISTORICAL MISTAKES AGAIN.
Don Welter September 06, 2012 at 03:30 PM
Lee tries to block/delay every remodel project in our neighborhood. She is why our town's government takes 6 months to get basic approvals. She feels she is a champion of the rules, instead she is the worse type of neighbor that one could have. Her excuse this time is envirornmental impact, but she searches for any reason. She will argue your windows are the wrong style or your driveway has the wrong curve it or bushes should be planted a certain way-- you think I'm kidding? Go to meetings. She holds up remodels, new construction and businesses over anything she can find. Why? If you think because she is a watch dog, you haven't watched her enough. Its because she can. She wants all plans to run through her and they do. She wants validation and loves the power of chaos and drama that she gets as a reaction. She makes our process come to a grinding stop. I don't know if she was fired from her previous posts or not re-elected--but clearly she has an axe to grind and many people --for good reasons and bad-- have to suffer.
Larry Arzie September 06, 2012 at 04:02 PM
Thank you Lee for all the work and effort you put forth make sure our General Plan is followed. To make sure that our regulations are not circumvented. To keeping our town a place everyone wants to live in. For the past ten years our council and our staff have been part of the problem not the solution. You have pointed out the problems and we hope you continue to do so. In part it is your efforts that put Los Gatos on the map. Please keep up the good work.
Irene Aida Garza-Ortiz September 06, 2012 at 09:30 PM
I'm surprised this hasn't been settled yet! Hope all of this get done!
Nick Talesfore September 06, 2012 at 10:54 PM
We need more people like Lee Quintana and the Los Gatos Citizens for Responsible Development group who care enough, as a last resort, to bring law suits to stop un-controlled development in our beautiful town. This project was pushed through the planning process without following the process and law. Lee saw this, filed suit and the courts agreed with her. End of story. If LG citizens allow the planning process to be wantonly circumvented, not only, in large developments such as Albright Way or The North 40, but in the CUP process in the Downtown corridor, or in any residential development in our neighborhoods, then what is at risk is the destruction of the charm, ambience and quality of life in LG. These are the very reason people bought homes in LG and choose to live in LG, raise their families in LG and shop in LG. This is not a victory nor mandate for anti-development but a wake-up call for controlled, reasonable and planned development. Development that follows the rules, planning process and the law!
KMD September 06, 2012 at 11:07 PM
Perhaps we need to do a study on the environmental and economic impact Lee Quintana's actions are having on our town. Then publish a full report. Depending on the results we can either thank her or sue her.
AR September 06, 2012 at 11:17 PM
the EIR will say what the town wants it to say.
Nick Talesfore September 07, 2012 at 03:53 AM
Why don't you publish your full name - people will take your comments seriously if you do. The Patch should not allow initials but names to publish, Just saying!
Nick Talesfore September 07, 2012 at 03:54 AM
Why don't you publish your full name - people will take your comments seriously if you do. The Patch should not allow initials but names to publish, Just saying!
Don Welter September 07, 2012 at 03:38 PM
Ha!! How ironic---Not all people use their full names. Like filing a lawsuit under "Citizens" and not using your own names as Plaintiffs.
Mike Calahan September 07, 2012 at 06:43 PM
How are you suffering?
Nick Talesfore September 07, 2012 at 08:15 PM
HA… Really! No one knew Lee Quintana filed this suit? What is really ironic is you did not know this well-known fact. Her name was published in the newspaper; she spoke openly about it most recently to the Town Council on TV when she asked to have the judge’s findings included in the public record! Furthermore I feel your personal attack on Mrs. Quintana does not contain anything substantial regarding this news item. You have used this venue, meant as a forum for constructive dialog on community subjects as your soap box for a mean-spirited personal attack which borders on public slander. As such I have flagged your comments as inappropriate and have asked them to be removed immediately.
Don Welter September 08, 2012 at 05:27 AM
First, Ms. Quintana is well known as a Plaintiff, but it says Citizens, therefore more then one. And they are not public record. Secondly, libel would be the correct term to use not slander. And its not even close. Thirdly, I stated fact and my opinion. All of my comments are directed to her public statements and actions that she has chosen to make public. I feel you, on the other hand, are a bully. Telling others they should publish their name and threatning me with slander so that you don't have to read an opposing opinion to your own.
Nick Talesfore September 08, 2012 at 06:34 PM
Spoken or written you are still guilty of defamation by making a "publication" of a defamatory statement concerning a person that attempts to damage the reputation of that person. As far as The Patch's owner AOL not requiring people to publish their full names in these responses this goes against the traditional journalistic requirement in print newspapers that ALL responses and opinions sent to the editor are published ONLY if they include the respondents full name. As far as calling me a BULLY, I’ll leave that up to other’s people who know me … you, do not!
Don Welter September 08, 2012 at 07:34 PM
Guilty? Wow You win and have convinced me to see things your way. The Citizens and Lee are doing great work. I hope Netflix and their millions leaves to San Jose - they need the money. And I hope the Citizens grow in numbers and file more lawsuits to discourage buisness in California and make sure all homes and buisnesses conform to "all rules."-- no exceptions! Things in Los Gatos should stay the same, I hate progress and change. And the evil council always trying to find ways to let people "slide.". They need to be stopped!! All rules should be followed, all opinions should be uniform, and for goodness sakes NO MORE initials!! Full names only. Thanks for showing me the light. God bless you and God Bless the Citizens for Responsible Development!
Tony Alarcon September 19, 2012 at 06:44 AM
Having personally endured a 18mo permit process for a residential remodel due to neighbor "input" I look forward to a more reasonable process as words like "mass" are massive to hide behind. However simply things such as not doing story poles, floating balloons to show height or an EIR for this size of a project is ridiculous. Yes I've participated in large scale developments too:) This project was being jammed through with a 3 seat friendly council and promise of tax revenue which would have been as helpful as QE2. Progress and change... you can have that in the other surrounding areas where no one knows their neighbors and you can't read the business signs. Having lived in Los Gatos for 20 yrs projects like the Terraces and Campo de Bocce are good examples of progress. The Swanson site, North 40, and Honda dealership (3500' lots with no sidewalks and large homes) on LG Blvd I fear will prove to be progress at a cost not to mention the school capacity impact. If you want traffic and culture go to LA. If you want to let your kids play outside till dark, let your wife walk the dog on the trail, and not worry about locking you cars when you shop then live in LG. Yes that is why I love my town.

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