Planning Chief Wins His Way on Own Lot

The president of the Los Angeles Planning Commission won tentative approval Tuesday to build 42 apartments on a one-acre lot he owns in Canoga Park.

Before he owned the land, commission President Dan Garcia had advocated a zoning change in keeping with the community plan for Canoga Park that would have restricted the lot to 22 units.

“I’m flabbergasted that Garcia would buy this property and then ask for a zone change with a much higher density than, as president of the commission, he had recommended,” said mid-Valley City Councilman Ernani Bernardi in voting against the proposal.

Despite Bernardi’s opposition, the proposal was approved 3 to 2 by the Board of Referred Powers, a panel made up of five City Council members that is designed to review proposals if there is a possible conflict of interest for a city commissioner. Joining Bernardi in opposing the plan was Councilwoman Joan Milke Flores. She said she was concerned about the timing of Garcia’s request.

Changes of Mind Not Unusual

Councilman Zev Yaroslavsky, voting in favor of Garcia’s request, said, “I’m not troubled by someone who changes his mind. It happens all the time in the City Council.”

“Not after you buy property,” Flores said.

Yaroslavsky was joined by Councilmen David Cunningham and John Ferraro in supporting Garcia’s request.

Current zoning permits two units on the property. But the city is under a court order to bring its zoning into conformance with the community plan.

Garcia, a lawyer, had asked the board instead of the Planning Commission to act on his request for higher zoning for the lot on the east side of De Soto Street between Sherman Way and Valerio Street.

Plan Is a Guide

Garcia did not attend the meeting. He said later in an interview that the community plan was designed to serve as a guide for development of large areas, not specific parcels. So his vote shouldn’t be interpreted as a recommendation for the exact block he later bought, he said.

“We vote on 20 or 30 square miles at a time,” he said. “We can’t know about every piece of property. When I saw this property, I didn’t even know what community plan it was in.”

Bernardi contended that Garcia received special treatment from the council panel because of his position.

Bernardi pointed out that the panel, in approving the zoning change, violated a custom of deferring to the council member representing the affected district. Councilwoman Joy Picus, whose district includes Canoga Park, opposed the zone change, arguing that it was contrary to the community plan.

“I’ve never run into anything else like this in all the time I’ve been a member of the council,” said Bernardi, who has served on the council for 24 years, longer than any other current member.