Property owner says county blocking his way
Lot location leads to dispute
By Sylvie Belmond belmond@theacorn.com

A Moorpark property owner said Ventura County employees are discriminating against him because they're blocking his ability to access his land.

David Davidson bought a small vacant surplus lot from Caltrans for $2,500 in 1994. In order to put a home on the site he proposed building a bridge across a stream that belongs to the county Watershed Protection District. The lot is east of the homes on Campus Park Drive and Beragan Street.

Davidson obtained permission to cross the stream seven years ago, but in 2005 the watershed district revoked his permit, he said.

"The county is in violation of federal law because it's blocking a public street from a citizen and that shouldn't happen," Davidson said, alleging he's been discriminated against because he was born in the Middle East.

"They're trying to make my lot useless and they're calling the city engineer in Moorpark and other agencies telling them not to give me a permit," he said.

"Any place I call gives me the cold shoulder," Davidson said, adding he was illegally wiretapped and the permitting process will cost more than the construction of the road.

Davidson also said county officials are requiring him to build a bridge much larger than necessary.

City and county employees deny Davidson's allegations.

"The low price is a reflection of the property's extremely limited potential for development," said Moorpark Planning Manager Dave Bobardt. It is adjacent to the 118 Freeway and a flood control channel, with no street access.

Complicating matters is a the perceived value of the property. According to county records, the 16,000squarefoot parcel is assessed at just more than $3,000 today. But Davidson says his appraiser values the property at $800,000.

The property is registered under different title because Davidson said he changed his name six years ago when he became a citizen.

According to Bobardt, Davidson came to the city several years ago indicating he wanted to build a house on the lot. City staff told him that he needed to show permanent legal access to his land before any development proposal could be considered.

"He has not yet provided such a document," Bobardt said.

The county also is waiting for more details.

"This particular parcel is insulated. Mr. Davidson is trying to develop the property, so he needs to go through the proper channels of development," said Sergio Vargas, deputy director for the watershed district.

"Until we see the plan specifications that would be required of anyone, it's difficult for us to issue a permit," Vargas said.

The watershed district's mission statement is to protect lives, property, water courses, watersheds and public infrastructures from the dangers and damages associated with flood and storm water.

"We don't discriminate based on race, nationality or anything. The only problem is that Davidson is proposing to develop in an area that has many issues that need to be addressed," said Paul Callaway, the district's permit section manager.

The original permit only enabled Davidson to access his property, but it didn't allow any improvements such as a road or a bridge. It was revoked in summer 2005 because of liability concerns, said Callaway. Davidson must apply for a new permit before he can start his project. The district doesn't grant any easements, Callaway said.

"The original permit was improperly issued because it gave the property owner the right to cross the flood channel in perpetuity, but the district doesn't usually do that," Callaway said.

Davidson's land also has undetermined flood hazards; thus, the owner must prove to the county that his plans won't increase the possibility of flooding neighboring property, Callaway said.

Based on preliminary plans submitted by Davidson's engineer, the crossing he proposes to construct would not have any negative impacts and therefore Davidson should be able to obtain the needed permits from the county, Callaway said. But the property owner also must obtain appropriate permits from the U.S. Army Corps of Engineers and the Department of Fish and Game to show his project won't negatively affect natural habitat in the area, Callaway said. Fire Department requirements also must be met, said Vargas.

Davidson said he's already received approval from the Department of Fish and Game and the U.S. Army Corps of Engineers because the creek he wants to cross is dry.