Mountain Oaks Subdivision on Agenda

At its regular meeting of Dec. 3, the Glendale City will consider adoption of a resolution authorizing City staff to accept a subdivision application that may be submitted by the owner of approximately 34 acres of land in the Mountain Oaks “subdivision” at the terminus of New York Avenue near Park Vista Drive. This action is proposed as a result of a Los Angeles County Superior Court decision requiring the City to accept a subdivision application from the property’s owner, F.E.& M., Inc. Employee’s Defined Contribution Plan Trust dated July 10, 1984 (“F.E.& M”) without the need for written consent of owners of other properties in the Mountain Oaks subdivision.

This item will be heard at the City Council meeting on Tuesday, Dec. 3 at 6 p.m.  in the Municipal Services Building, Room 105, 633 East Broadway, Glendale, CA 91206.

The case name and number of the above-referenced litigation is F.E.&M., Inc. Employee’s Defined Contribution Plan Trust dated July 10, 1984 v. City of Glendale, Los Angeles County Superior Court Case No. BS169892.

 This action is proposed as a result of a Los Angeles County Superior Court decision requiring the City to accept a subdivision application from the property’s owner, F.E.& M., Inc. Employee’s Defined Contribution Plan Trust dated July 10, 1984 (“F.E.& M”) without the need for written consent of owners of other properties in the Mountain Oaks subdivision.

This item will be heard at the City Council meeting on Tuesday, Dec.3 at 6 p.m. in the Municipal Services Building, Room 105, 633 East Broadway, Glendale.

The case name and number of the above-referenced litigation is F.E.&M., Inc. Employee’s Defined Contribution Plan Trust dated July 10, 1984 v. City of Glendale, Los Angeles County Superior Court Case No. BS169892.

The City’s longstanding position has been that the Mountain Oaks “subdivision,” a 1930 Licensed Surveyor’s Map that designated lots within Lot A of County of Los Angeles Tract No. 10156, is an illegal subdivision and that any development application, including a subdivision application, required the written consent of all of the owners of the subdivided area. F.E.&M. brought suit to challenge the City’s legal position. In light of the Superior Court judge’s ruling in favor of F.E.&M., the staff has advised the Council that it is in the City’s interest to accept a subdivision application at this time.

Acceptance of a subdivision application is an initial procedural step that must be taken for an applicant to seek development entitlements for real property. Importantly, acceptance of an application from F.E.&M. will not grant any development rights for the Mountain Oaks subdivision, which will first be required to be analyzed in an Environmental Impact Report, subject to public comment, and reviewed by the Planning Commission and the City Council at noticed public hearings prior to consideration for approval. Any proposed project will also need to demonstrate compliance with applicable City General Plan and Municipal Code requirements. Additionally, acceptance of a subdivision application would only apply to the approximately 34 acres owned by F.E.&M. and would not grant F.E.&M. the right to seek approval for any other property within the subdivision not owned by F.E.&M.