Topic of Mountain Oaks Subdivision Gets Revisited

Photo by Julie BUTCHER
F.E.&M., Inc., the owner of 276 lots comprising approximately 34 acres of the Mountain Oaks property, sued the City of Glendale seeking a writ of mandate to force the city to accept an application for redevelopment.

By Julie BUTCHER

Glendale has always considered the 1929 subdivision of Mountain Oaks to be an illegal subdivision through the 1952 Glendale annexation of the 401 lots that make up the 44.7-acre property at the terminus of New York Avenue near Park Vista Drive. The city insisted that the original 1930 subdivision of Lot A of Tract No. 10156 did not comply with operative land use laws at the time and that any application for subsequent redevelopment would need to include the entire property and all the property owners would need to sign off on any such application.

In 2017, F.E.&M., Inc. Employee’s Defined Contribution Plan Trust (F.E.&M.), the owner of 276 lots comprising approximately 34 acres of the Mountain Oaks subdivision, sued the City of Glendale seeking a writ of mandate to force the city to accept an application for redevelopment of their portion of the land without the conditions the city has historically enforced.

Mayor Ara Najarian recounted the consistency and passion with which the city has sought to protect Mountain Oaks from redevelopment.

“If this land is going to be taken away from the community, it’s going to be by someone wearing a black robe,” Najarian said, noting the city’s policy “to reject any attempts to redevelop Mountain Oaks.”

“Unfortunately,” Najarian continued, “that’s what’s happened.”

Glendale City Attorney Mike Garcia urged the Council to agree to accept an application in advance of the formal action of the judge, subtly explaining that ultimately the City would likely lose on appeal and that further legal action could be costly and unproductive.

According to the city’s press release on the issue, “Acceptance of an application from F.E.&M. will not [emphasis in the original] 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.”

North Glendale resident Mary-Lynne Fisher urged the council to wait rather than acting now and implored them to be ever conscious of the open space – and the old oak trees.

Councilmember Frank Quintero summed up the council’s action.

“We have to do this tonight, but it [does not mean] that this council is rolling over and making it easy for this developer,” Quintero said. “The review process will be quite exhaustive.”