Rare Grass in Path of Project : Endangered species: State officials seek to protect a 50-acre Moorpark site that includes the plant.

A developer’s plan to build 552 homes in southeast Moorpark fails to adequately protect an endangered species of grass recently found on the 500-acre property, the state Department of Fish and Game says.

“We’re not trying to come in as some bad guy here and ruin their project,” Mary Meyer, a plant ecologist with the state agency, said Tuesday. “But at the same time, there should be some way for society to come in and balance these interests.”

At issue is the discovery early this year of California Orcutt’s grass ( Orcuttia californica ) on land slated for development by Carlsberg Financial Corp. of Santa Monica.

Both the state and federal government have placed the grass on their lists of endangered species, Meyer said. “This has been one of the major botanical finds in the Southern California botanical community.”

The developer contends that revised plans setting aside 15 acres around the four acres with Orcutt’s grass is sufficient to preserve the sensitive area.

“Essentially, we’ve made the decision not to disturb that plant,” company President Ron Tankersley said. “We believe we’ve complied with the letter of the law, which says if it’s known to be there, don’t disturb it and don’t introduce any negative impacts.”

But Meyer said the company’s development of the area immediately surrounding the preservation area might have a negative impact over time.

Also present in the area slated for preservation is a population of Lyon’s pentachaeta ( Pentachaeta lyonii ) , a plant already declared a state endangered species and now being considered for federal endangered status.

“They would completely surround the habitat of an endangered species with single-family homes and roads,” Meyer said. “We would like to see that corner undeveloped.”

Specifically, Meyer said her agency would like the developer to preserve the 50- to 55-acre site that contains the rare plants, a vernal pool needed by the plants to survive, and the slopes that feed the pool with seasonal runoff.

In a June 30 letter to the city of Moorpark, state Fish and Game Regional Manager Fred Worthley criticized Carlsberg’s plan, which calls for construction of housing on the hillsides surrounding the pool and providing water through a man-made drainage system.

“The proposal to create an entirely artificial hydrological regime of gutters and pipes to maintain inflow to the vernal pool habitat is unacceptable,” Worthley wrote in the letter.

“Should the proposed experimentally created, artificial watering regime fail, the irretrievable loss of Orcutt’s grass and the vernal pool could occur,” Worthley wrote.

For his part, Tankersley said his company is going far enough to protect the vegetation.

“Fish and Game has asked for everything possible, which basically would eliminate any development in the southeast corner--where we have 145 units planned,” he said. “Unfortunately, California Fish and Game is not forced to look at economic impacts and merely says, ‘This is what we’d like to have.’ ”

So far, Fish and Game has merely commented on the project. If it remains unsatisfied, the agency could contest the environmental impact report or require the developer to seek a time-consuming state permit, Meyer said.

In 1990, the Moorpark City Council approved an earlier version of the Carlsberg project, but reduced the number of allowable units enough that the developer declared the project economically inviable and sued the city. After extended negotiations, the city in April, 1992, allowed the developer to submit a revised plan for consideration.

The Orcutt’s grass was discovered during the environmental review of the new plan, which is under consideration by the Planning Commission.

Moorpark Community Development Director Jim Aguilera said city staff members are recommending approval of the project and the preservation methods suggested by the developer.

“In the best of all possible worlds, from the point of view of Fish and Game, nothing would get built,” Aguilera said. “However, from a technical point of view, we’re leaving the pool intact, we’re leaving the area 100 feet around the pool intact, we’re not allowing any contaminated waters to enter the pool, and we’re providing the pool with the same amount of water that it receives during a rainfall.”

Proposed Carlsberg Site Carlsberg Financial Corp. wants to build 552 houses and some commercial buildings on 500 acres in southeast Moorpark. Source: City of Moorpark