VENTURA COUNTY STAR (California) 11 July 06 Rare lizard may slow development - When found, it must be protected, experts in Oxnard contend (Charles Levin)
The fate of a 25-home construction project on two city-owned parcels in Oxnard Shores rests on the spiny back of a rare lizard.
Residents who oppose the project say the San Diego horned lizard roams one of the parcels, a 1.6-acre site off Whitecap Street.
A city consultant hasn't found any there, so the residents have taken the unusual step of hiring their own biologist. A clutch of experts and anxious residents scoured the site last week for lizard signs.
"The issue is whether the site meets the definition of ¿environmentally sensitive,' " said John Dixon, an ecologist for the California Coastal Commission, which has the final say on the project. On such sites, "it's extremely limiting as to what you can do," he said.
State and federal regulators have dubbed the lizard a "species of concern." The lizards are not yet listed as endangered or threatened, but a home builder would have to find a way to protect them before development could proceed, said David Magney, the biologist hired by the residents.
The Oxnard City Council last year approved a development proposal for the parcels. Plans call for 13 homes on Whitecap Street and an additional 12 on a nearby 1.4-acre parcel on Reef Way. Negotiations are under way to sell the properties to developer Elevar Seven LLC of Oxnard, Michael More, city financial services manager, said Monday.
The Coastal Commission balked on the matter in May after learning that its experts hadn't visited the site to verify the city's environmental findings.
Dixon and Coastal Commission planner Lillian Ford walked the site Thursday. Keith Babcock, a city-hired consultant, also padded over the sandy rectangular lot on Whitecap, a dune strewn with a blend of native flowers and nonnative succulents. One of Magney's biologists also showed up.
Standing in the middle of the lot, former Oxnard Shores resident Patricia Einstein showed Dixon a short video of the lizard that she took nine days ago on a digital camera.
"We just kind of admire him," Einstein said of the lizard, adding that children in the neighborhood have also seen them.
Babcock gave the property a "thorough review" earlier this year and found no evidence of environmentally sensitive species, said Matt Winegar, the city's director of development services.
Dixon said he was visiting to sort through conflicting arguments. A report should be ready by the end of the month. It's unclear when the commission will make a decision.
Finding the lizard on the Whitecap lot would not prevent developing the Reef Way parcel, where officials did not conduct an inspection, Winegar said.
Opponents would like to stop development of both parcels, said Deirdre Frank, an attorney and resident, but the Coastal Commission has focused its investigation on Whitecap.
John Francis McGrath Jr. donated the parcels to the city in 1958.
Residents argued that a deed restriction limited their use to parks, playgrounds or parking.
Frank and other residents sued over the restriction, but a Superior Court judge ruled against them in 2004, Oxnard City Attorney Gary Gillig said.
"We're not a bunch of people trying to stop progress," said Bob Murphy, a painting contractor whose home faces one of the empty lots. "This is just wrong."
Rare lizard may slow development



www.phrynosoma.com