MISSION VIEJO : Suit Seeks to Block Planned Excavation

Environmentalists filed suit Tuesday to prevent excavation of a million yards of dirt from what they say is sensitive gnatcatcher habitat.

The Sea and Sage chapter of the National Audubon Society took action after the City Council on Monday approved the earth removal at the request of the Transportation Corridor Agencies, which needs the dirt to build a bridge in the area.

Orange County Superior Court Commissioner Eleanor M. Palk set an Aug. 28 hearing date for the lawsuit after transportation agency representatives assured her that no excavation would take place before then.

The 200-acre site, located south of El Toro Road at the city’s northern border, has been a battleground in recent months as area naturalists have struggled to prevent a business park from being built there.

In May, the Audubon Society sued the city and property owner, the Mission Viejo Co., to block the industrial development. The group said that environmental studies of the area by the city were inadequate.

Naturalists say the land is a natural habitat for the gnatcatcher, a tiny songbird that is under consideration for listing as an endangered species by the state Fish and Game Commission.

The dirt removal would be limited to the business complex site, the council said before approving the Transportation Corridor Agencies permit.

“Whether or not the TCA uses the (dirt), the (business park) plans call for that amount of dirt to be taken out,” said Councilwoman Sharon Cody. “Besides, can you imagine a million cubic yards of dirt coming by truck through Mission Viejo?” TCA officials said the earth would be used to support a bridge scheduled to be built over Oso Creek near the Upper Oso Reservoir.

“We agreed to wait until at least Aug. 29 to move the dirt,” said Lisa Tellez, TCA spokeswoman. “We don’t need it until then, anyhow.”

Ray Chandos, a co-plaintiff in both legal actions against the city, said he was “very disappointed” by the city’s approval of the earth removal. “There have been no proper studies of the site, and proper environmental reviews have not been done.”

City officials say the area was considered under an environmental impact report included in the city’s General Plan, which documents where building is allowed in the city.

The excavation permit request comes just over a month after the Mission Viejo Co. enraged environmentalists by clearing the land of vegetation.

Two days before the shrubs were removed, the developer obtained a permit under the city weed abatement ordinance. The Planning Commission approved the permit after a company representative said the firm would only use hand tools to cut down the shrubs.

But to the dismay of local environmentalists, heavy machinery was sent to clear off the parcel.

Permission to use the equipment was granted by City Manager Fred Sorsabal, who said the builder had cleared weeds from the land regularly in the past.