HomeMy WebLinkAboutResolution No. 5462RESOLUTION NO. 5462
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF DOWNEY RESPONDING TO THE WRITTEN OBJECTIONS
OF VARIOUS PERSONS TO THE PROPOSED AMENDMENT
5C TO THE DOWNEY REDEVELOPMENT PLAN (LAKEWOOD
& GALLATIN).
THE CITY COUNCIL OF THE CITY OF DOWNEY DOES HEREBY RESOLVE AS
FOLLOWS:
Section 1. The City Council of the City of Downey does hereby
find, determine and declare that:
A. On June 11, 1991, the City Council held a joint public
hearing with the Board of Directors of the Community
Development Commission of the City of Downey to consider
proposed Amendment 5C to the Downey Redevelopment Plan.
B. Prior to the close of such hearing, certain persons filed
4 written objections to the proposed amendment.
Copies of the written objections are collectively
attached hereto as Exhibit A.
C. Pursuant to the requirements of Health and Safety Code
Sections 33363 and 33364, the City Council has addressed
the written objections in detail giving reasons for not
accepting the specific objections and suggestions. The
response of the Council, attached hereto as Exhibit B,
describes the disposition of the issues raised and
provides a good faith, reasoned analysis and response to
the objections. The responses are not conclusionary
statements unsupported by factual information but respond
to each objection providing references in the record to
the evidence supporting the Agency's position.
D. The Council's response to the written objections of the
persons described in Subparagraph B and the introduction
of the ordinance approving the proposed redevelopment
plan amendment have occurred not less than one week after
the time the hearing on the proposed plan amendment took
place.
E. The City Council has carefully considered the objections
described in Subparagraph B as well as the written
findings in response thereto.
Section 2. The City Council of the City of Downey hereby
adopts the "Statement of Findings of the City Council of the City
of Downey in Response to the Written Objections to Amendment 5C to
the Redevelopment Plan" attached hereto as Exhibit B and
incorporated herein by this reference. Based upon such findings,
RESOLUTION NO. 5462
Page 2
the City Council of the City of Downey hereby overrules all
objections, written or oral, to the proposed amendment as being
unfounded.
Section 3. The City Clerk shall certify to the adoption of
this Resolution.
1991.
ATTEST:
Judith E. mcbonnell
(CITY CLERL-
AYES:
NOES:
ABSENT:
ABSTAINS
kf2b/rssp6c.rss
PASSED, APPROVED AND ADOPTED this pith day of ,line
(.71
Roy L. Paul
MAYOR
I, HEREBY CERTIFY that this is a true and correct copy of a
Resolution adopted by the City Council of the City of Downey at a
regular meeting hereof held on the 75th day of one , 1991
by the following vote to wit:
4 COUNCIL MEMBERS: Boggs, Hayden, Cormack, Paul
0 COUNCIL MEMBERS: None
0 COUNCIL MEMBERS: None
1 COUNCIL MEMBERS: Brazelton
Judith E. McDonnell
I CITY CLERM
JUNE 3, 1991
CITY OF DOWNEY
11111 BROOKSHIRE AVE
DOWNEY, CA. 90241 - 0607
ATTN: GERALD M. CATON AND DOWNEY CITY COUNCIL
DEAR MR. CATON AND DOWNEY CITY COUNCIL,
WITH REFERENCE TO CHRIS & PITTS PROPERTIES LOCATED AT:
I WOULD PREFER TO ADVOCATE THE REDEVELOPMENT PROGRAM BUT
NOT HOWEVER BE SUBJECT TO EMINENT DOMAIN AUTHORITY.
SINCERELY,
GENERAL OFFICES
P.O. Box 1246 - Downey, California 90240 - Phone (213) 923 -2025
CHRIS & PITTS RESTAURANTS
9243 LAKEWOOD BLVD.
OFFICE BUILDINGS:
9231 LAKEWOOD BLVD.
9233 LAKEWOOD BLVD.
9237 LAKEWOOD BLVD.
9239 LAKEWOOD BLVD.
IS G. PELONI5
PRESIDENT
EXHIBIT "A"
0 A 1991
CITY MANAGER'S OFC
The Original Old Fashioned Pit Barbecue Restaurants
•_ No side road in awl me'
June 3, 1991
Los Angeles Southern Baptist Association
From: Dr. Stanley 0. White
9617 Lakewood Blvd. Downey, California 90240
(213)869 -5391
RECEIVED
JUN - 4 1991
ASSI C.MJECON. DEL
To: Redevelopment Project Area Committee
Re: Development Amendment No. SC
Dr. Stanley 0. White
Director of Metropolitan Missions
Having gained new information just before leaving to travel east, I am
dictating this memo from Atlanta because of the urgency of time and of
the subject.
I was very concerned a while back to learn that a Redevelopment Project
was under consideration which included the location of the offices of
our Association. I was under the impression, however, that eminent
domain would not be sought. I am now quite alarmed to know that
eminent domain may well be sought. Let it be stated in unequivocal
terms that we stand in opposition to such a pursuit. We request that
we be removed from the redevelopment area if the redevelopment plan
will involve eminent domain.
The Los Angeles Southern Baptist Association made a deliberate decision
nine years ago to locate in northern Downey. There were numerous
considerations including the desirable surroundings. And now I am told
that this area is "blighted ?" Preposterous! I sincerely invite any
and all to come for a visit to our "unblighted" facilities. See for
yourself. If there are some marginal deficiencies somewhere in the
area around us, let's see what we can do to encourage upgrading.
When we purchased our facilities in 1981, we were informed by the City
of Downey that our large, effective and expensive sign would no longer
be accepted. We complied with the requirements by destroying the sign
and placing a very attractive, lighted sign on the front of our
building. We have upgraded the facilities with new carpeting, new
heating and cooling equipment and a new roof. That hardly sounds like
property owners who would bring on a blighted condition. We establish-
ed greater permanency when we installed a satellite dish with ac-
companying equipment to receive and record transmissions from our
national convention to be used for training purposes.
Our reason for existence is to encourage and make more effective the
ministry of our 120 churches and missions. In turn, these churches
exist to strengthen the moral and spiritual integrity of our com-
June 3, 1991
Redevelopment Project Area Committee
Page 2
munities. They also try to relate to numerous social needs. While
these facets do not necessarily prove an area to be blighted or other-
wise, they do footer a spirit for some actions which are adversaries to
blight. All communities should have more of that.
On my return to Downey I intend to become more informed of the circum-
stances of Amendment SC and its impact on our location on Lakewood
Boulevard. In the meantime I want to be heard saying that we will
oppose any pursuit of eminent domain to the very fullest of our
ability.
Note: In my absence I have representatives available in this meeting
who are fully capable to answer any questions. My primary represent-
ative is Dr. Dewey Squyres.
REV. MYUNGNAM KIM
SUPERINTENDENT
Ma...
aII -} l AEI ► J
ASSEMBLIES OF GOD KOREAN DISTRICT COUNCIL
DISTRICT OFFICE: 9625 LAKEWOOD BLVD- DOWNEY. CA 90240
(213)862 - 8370•(2131862 -5347 FAX
(7081 ,CNURCHI
255-2470 ' OFF cE1
255-2472 ■ FAX ■
437 -3373 oiclo
RECE
Tune 4, 1991 JUN - 4 191
ASST. C.MJECON. DEL
To: Redevelopment Project Area Committee
From: Assemblies of God Korean District Council
Re: Development Amendment No. 5C
Having gained information, I am sending this letter because of the
urgency of time and of the subject.
I was very concerned to learn that a Redevelopment Project is under
consideration which includes the location of the offices of our
Association.
Let it be stated in unequivocal terms we stand in opposition to
such a pursuit. We request that we be removed form the
redevelopment area.
Assemblies of God Korean District made a deliberate decision just
one year ago to locate in northern Downey. There were numerous
considerations including the desirable surroundings according to
the professional appraisers.
We have upgraded the facilities with new carpeting, new heating and
cooling equipment and a new roof. That hardly sound like property
owners who would bring on a blighted condition.
If there are some marginal deficiencies somewhere in the area .....
around us, let's see what we can do to encourage upgrading.
Despite of redevelopment plan, our reason for existence is to
encourage and make more effective the ministry of our Korean 147
churches and missions nationwide. In turn, these churches exist to
strengthen the moral and spiritual integrity of our communities.
They also try to relate to numerous social needs. While these
facets do not necessarily prove an area to be blighted or
otherwise, they do foster a spirit for some actions which are
adversaries to blight. All communities should have more of that.
Even though I will intend to become more informed of the
circumstances of Amendment 5C and its impact on our location of
Lakewocu Boulevard, in the meantime, I would like to be heard
saying that we will oppose any pursuit of eminent domain to the
very fullest of our ability.
Sinperely Yoprs
Keun Yuk
Secretary- Treasurer
,Jll..
Dear Commission Members:
Los Angeles Southern Baptist Association
9617 Lakewood Blvd. Downey, California 90240
(213) 869.5391
— Downey Community Redevelopment Commission ASST C.NJdECON. DE
11111 Brookshire Avenue
P. O. Box 607
Downey, CA 90241 -0607
Dr. Stanley O. White
R E C E f V E p
Director of Metropolitan Missions
JUN - 7 1991
I am writing as a concerned leader of the Los Angeles Southern Baptist Association. I am concerned
about how the Downey Redevelopment Project may affect our continued use of our property at 9617
Lakewood Boulevard.
In the past week or so, I have received quite an education. I was amazed to hear that our associational
office is located in an area of "urban blight," and that eminent domain was a possibility. After attending
the June 4 meeting of the Redevelopment Project Area Committee, I now understand that the
motivation for including our office in the Amendment 5C area stems from the desire of one of our
neighbors to possess our property for his own financial gain. He has determined, evidently, that his
best chance at grabbing this property is to involve the city under the veil of redevelopment.
Fortunately, the Project Area Committee gave us a fair hearing and determined by a strong 12 -3 vote
to remove our property and the adjacent Korean Assemblies of God property from the 5C area. We
trust the City Council /Community Development Commission will accept the wisdom and fairness of
that decision.
As I told the Project Area Committee, a city is more than a tax base. A city should include some moral,
spiritual, and religious values. We believe our facility is a credit to the city of Downey, and that we are
making a positive contribution to the area. We are an association of 120 congregations. Three of those
are located within the city of Downey. Downey citizens who are members of our churches will be very
interested in seeing whether their city leadership will choose to protect their values, or will accede to
the profit motive of one firm. We are counting on you to do the right and honorable thing.
Now, I wish to add some comments on a separate but related matter: the justification for
redevelopment itself. This justification is provided by the "Survey Area Report for the Downey
Redevelopment Project Amendment 5C" prepared by GRC Redevelopment Consultants, Inc., of
Glendora. I am amazed that this very flimsy, ill- supported document has been accepted. It no more
proves that 5C is an area of "urban blight" than that the moon is made of green cheese.
I used to grade papers at the college and graduate level. This document would not fare well under the
red pen. It does have three redeeming features: First, it is neatly printed. Second, it has attractive maps
and interesting photographs. Third, it does clearly spell out the legal necessity for the document itself.
Now, what's wrong with the report? It is not substantive. It does not support its conclusions well. It
gives the unmistakable impression of having the conclusions drawn before the research was done. The
research itself is cursory, at best. A case is made for some cosmetic improvements of certain
businesses, but taken as a whole there is nothing that could unblushingly be called "blight." The
situation in 5C does not consist of conditions which "predominate and injuriously affect the entire
area," as the report says must exist (p. 3).
The authors of the report were so hard - pressed to find anything that might truly qualify as "blight," that
they state that there might be hidden "structural deficiencies" that they could not find by a superficial
examination of exteriors! Af ter listing all kinds of possible but undetected problems, GRC states: "The
probable presence of these additional conditions in survey area structures means that, if anything,
conditions of deterioration are more prevalent than noted in this Report" (p. 13; italics mine). Notice
the shifting from undetected problems, to possible problems, to probable problems -- without being
troubied by the necessity of providing evidence.
This is at face value an illogical approach to both research and to decision - making. It is akin to your
physician saying, "Well, you look to be in fair health. I wish you would dress better, however, and this
may indicate the presence of leukemia, heart disease, hardening of the arteries, or a brain tumor.
Therefore, extensive surgery is indicated." You would not want to pay the medical malpractice
insurance for such a physician!
Understand, I am not saying that there is no need for improvement in the area of 5C. Rather, I suggest
that this report does not make a strong case for "blight," and hence the area does not truly qualify for
redevelopment. I am certain that our own facility does not contribute to "urban blight," and note that
the report avoids mention of our property in that context. We are grateful to the Project Area
Committee for separating us from the 5C area, but I do question the legal justification for "blight" in
5C.
SincA
Dewey F. Squyres, D.Min.
Strategy Coordinator
EXHIBIT "B"
STATEMENT OF FINDINGS OF THE CITY COUNCIL OF THE CITY OF
DOWNEY IN RESPONSE TO WRITTEN OBJECTIONS TO AMENDMENT 5C
TO THE REDEVELOPMENT PLAN
With respect to Amendment 5C to the Downey Redevelopment Plan, four written
objections were received. One was a letter from Chris G. Pelonis, President of Chris
and Pits, a letter from Dr. Stanley O. White for the Los Angeles Southern Baptist
Association, a letter from Keun Wuk Park, Secretary /Treasurer Assemblies of God
Korean District Council and a letter from Dewey F. Squyres, Strategy Coordinator,
Los Angeles Southern Baptist Association. These objections will be responded to in
order.
1. Response to Chris G. Pelonis
Mr. Pelonis indicates that he is in favor of the redevelopment program but does
not want his property to be subject to eminent domain authority. The
Community Development Commission appreciates the support for
redevelopment and is presently drafting revised language to the
Redevelopment Plan which would exempt the properties owned by Mr. Pelonis
from Commission eminent domain authority.
2. Response to Dr. Stanley O. White's letter. dated June 11. 1991, to Judith E.
McDonnell
Eminent domain is included in the Redevelopment Plan, however, such
inclusion does not mean that eminent domain will be used as a matter of course
in the Project Area. Redevelopment law allows the inclusion of eminent domain
in a redevelopment plan but the use of eminent domain is governed by the laws
of the State of California which effectively make the use of eminent domain a
choice of last resort in the acquisition of property.
With respect to blight, Section 33321 of the California Health and Safety Code
says in pertinent part "a project area need not be restricted to buildings,
improvements or lands which are detrimental or inimical to the public health,
safety, or welfare, but may consist of an area in which such conditions
predominate and injuriously affect the entire area." The fact that the Southern
Baptist Association's facilities are in good condition does not mean that
conditions on surrounding properties are similarly good. Further, conditions of
blight in the Project Area are described in the Commission's Report to the City
Council on pages 14 through 25.
Notwithstanding the foregoing response, the Community Development
Commission and the Downey City Council have determined to remove the
property of the Los Angeles Southern Baptist Association from Amendment 5C
to the Downey Redevelopment Plan.
3. Response to the letter from Dewey F. Suuvres
Please refer to Response No. 2 to Dr. White. Such response is incorporated
herein by this reference.
4. Response to Reverend Keun Wuk Park
The recommendation of the Project Area Committee does not bind the
Community Development Commission to exclude the offices of the Assemblies
of God Korean District Council from Amendment 5C to the Downey
Redevelopment Plan. However, the Downey Community Commission and the
Downey City Council have decided to remove the properties of the Assemblies of
God Korean District Council from the Amendment 5C area.
REVISIONS TO AMENDMENT 5C REDEVELOPMENT
PLAN RELATING TO LIMITATIONS ON USE OF
EMINENT DOMAIN
The Agency shall not acquire real property on which an existing
building is to be continued on its present site and in its present form
and use without the consent of the owner, unless (1) such building
requires structural alterations, improvements, modernizing or
rehabilitation, or (2) the site or lot on which the building is situated
requires modification in size, shape, or use, or (3) it is necessary to
impose upon such property any of the standards, restrictions and
controls of this Plan and the owner fails or refuses to participate in
the Plan by executing a participation agreement.
The Agency, by law, is not authorized to acquire real property owned
by public bodies without the consent of such public bodies. The
Agency, however, will seek the cooperation of all public bodies which
own land or intend to acquire property in the Project Area. Any
public body which owns or leases property in the Project Area will be
afforded all the privileges of owner and tenant participation if such
public body is willing to enter into a participation agreement with
the Agency. All plans for development of property in the Project
Area by a public body shall be subject to Agency approval.
2. (504) Acquisition of Personal Property
Where necessary in the execution of this Plan or where the owner of
such property agrees to its disposition, the Agency is authorized to
acquire personal property in the Project Area by any lawful means,
except that eminent domain shall be subject to the limitation in
Section 505 of this Plan.
3. (505) Limitations on the Use of Eminent Domain
It is in the public interest and is necessary in order to eliminate
conditions requiring redevelopment and in order to execute the Plan,
for the power of eminent domain, as limited in this section, to be
employed by the Agency to acquire interest in real property in the
Original Area and Area 5C (but not the Added Area) which cannot
-27-
be acquired by gift, devise, exchange, purchase or any other lawful
method pursuant to authorization of this Plan.
Notwithstanding provisions herein to the contrary, the power of
eminent domain is restricted as follows:
(a) The Agency may not commence eminent domain proceedings to
acquire property in the Original Area beyond twelve (12) years
following the date of adoption of the Ordinance No. 633. Such
time limit may be extended only by amendment of this Plan as
provided by Section 1100.
(b) The Agency shall not use eminent domain proceedings to
acquire property in the Original Area if such property was used
as a residence and was owner occupied on October 28, 1980.
This limitation on the use of eminent domain shall apply only
for such period of time as a residential property, which
otherwise qualifies under this section, remains occupied by the
person who was the owner - occupant of the property on October
28, 1980.
(c) Property in the Added Area or outside the Project Area shall
not be acquired through the use of the power of eminent domain
pursuant to Redevelopment Law. This restriction shall apply
at all times during which this Plan remains in effect. This
restriction shall not restrict any other power of eminent
domain which may exist outside of Redevelopment Law. This
restriction on the power of eminent domain may be modified
only by amendment of this Plan as provided for in Section 1100.
(d) Not withstanding the provisions of SECTION 5.0, Subsections
A, B, C, and J of this Redevelopment Plan, the Agency may
acquire, but is not required to acquire, any interest in real
property located in the 5C Area, as defined herein, by gift,
devise, exchange, purchase, eminent domain or any other
lawful method for one or more of the purposes for property
acquisition listed in SECTION 5.0, Subsection B of this
- 28 -
Redevelopment Plan except as limited by the provisions of
subsection (d) (1) and (d) (2).
(1) The Agency may not commence eminent domain
proceedings to acquire property in the 5C Area beyond
twelve (12) years following the date of adoption of the
ordinance adopting Amendment 5C to the Redevelopment
Plan. Such time limit may be extended only by
amendment of this Redevelopment Plan as provided by
SECTION 11.0 of this Redevelopment Plan.
(2) The Agency shall not use eminent domain to acquire the
real property located in the 5C Area and described as
follows:
All of that certain real property in the City of Downey,
County of Los Angeles. State of California. described in
Corporation Grant Deed to C.G.P. Management
Corporation. a California Corporation, as instrument
No. 86-1111621. recorded August 26 1986, of official
records.
C. (506) Participation by Owners and Tenants
1. (507) Opportunities for Owner and Tenant Participation
In accordance with this Plan and the rules for owner and tenant
participation adopted by the Agency pursuant to this Plan and
Redevelopment Law, persons who are owners of real property in the
Project Area shall be given a reasonable opportunity to participate in
redevelopment by: (1) retaining all or a portion of their properties;
(2) acquiring adjacent or other properties in the Project Area; (3)
rehabilitation of existing buildings or improvements; (4) new
development; or (5) selling their properties to the Agency and
purchasing other properties in the Project Area.
The Agency shall extend reasonable preferences to persons who are
engaged in business in the Project Area to participate in the
- 29 -
FOLLOWS:
RESOLUTION NO. 5463
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY
APPROVING THE NEGATIVE DECLARATION AND AMENDING A CHAPTER
OF THE DOWNEY GENERAL PLAN RELATING TO OPEN SPACE AND
RECREATION
THE CITY COUNCIL OF THE CITY OF DOWNEY DOES RESOLVE AS
SECTION 1. The City Council of the City of Downey does hereby find,
determine and declare that:
A. The Planning Commission held a duly noticed public hearing on June 5,
1991, and, after fully considering all oral and written testimony and facts
and opinions offered at the aforesaid public hearing, adopted Resolution
1461, recommending to the City Council the adoption of this Resolution;
B. The City Council held a duly noticed public hearing on July 9, 1991,
concerning this Resolution and fully and carefully considered all oral and
written testimony and all facts and opinions offered at the aforesaid public
hearing prior to acting on this Resolution;
C. The amendment and revision to the Downey General Plan as set forth
in this Resolution is consistent with good planning practice,
necessary and desireable for the development of the community and
necessary for the preservation of the public health, safety and
general welfare of the City of Downey;
D. In taking this action, the City Council has considered the effects of the
decision on the housing needs of the region in which the City is located and
balanced those needs against the public service needs of the City residents
and available fiscal and environmental resources;
E. An Initial Study of Environmental Impact and a Negative Declaration
have been prepared for this General Plan Amendment in accordance with
the provisions of the California Environmental Quality Act, the State CEQA
Guidelines and the City of Downey's Revised Environmental Procedures;
F. Prior to amending the General Plan, the City Council of the City of
Downey considered the Initial Study of Environmental Impact and the
Negative Declaration together with any comments received during the public
review process and at the hearings;
Resolution No. 5463
Open Space
Page 2
repealed.
c:gpreso
G. Based upon the Initial Study and any comments received in the public
review process, there is no substantial evidence that the General Plan
Amendment will have a significant adverse effect upon the environment.
SECTION 2. The Open Space Chapter of the Downey General Plan is hereby
SECTION 3. The Open Space Chapter of the Downey General Plan is hereby
amended as set forth in Exhibit "A ", attached to this Resolution and incorporated herein
by this reference.
SECTION 4. The Negative Declaration for the General Plan Amendment
attached to this Resolution as Exhibit "B" and by this reference incorporated herein by this
reference, is hereby certified and approved. The Director of Community Development is
hereby directed to file the Negative Declaration with the County Clerk of the County of
Los Angeles.
SECTION 5. The City Clerk shall certify to the adoption of this Resolution.
PASSED AND APPROVED t-hi. 9th day of July, L991.
- Barbara J. Hay n, May
ATTEST:
i." L- ;r /i :, 1 x
City Clerk
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss.
CITY OF DOWNEY
I, HEREBY CERTIFY that the foregoing is a true copy of a Resolution adopted by
the City Council of the City of Downey at a regular meeting thereof, held on the 9th day
of July, 1991 by the following vote, to wit:
AYES: 5 COUNCILMEMBERS: Cormack, Boggs, Paul, Brazelton, Hayden
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
City Clerk
"EXHIBIT A"
- GEN
'Tz
01 DO
E • y
LAN
1. •
OPEN SPACE
CHAPTER
CITY COUNCIL
Barbara Hayden, Mayor
Diane Boggs, Council Member
Robert Cormack, Council Member
Robert Brazelton, Council Member
Roy Paul, Council Member
OPEN SPACE AND RECREATION CHAPTER
OF THE
DOWNEY GENERAL PLAN
JULY, 1991
GENERAL PLAN STEERING COMMITTEE
Willis Leach, Jr., Chairman
Frank Sheldon, Vice -Chair
Jerry Andrews
John Bramble
Ralph Jenney
Roger Lawrence
Keith McCarthy
Meredith Perkins
RECREATION AND COMMUNITY SERVICES COMMISSION
Gloria Heer, Chairman
Jean Brazelton
Art Johnson
Roger Lawrence
Johnette Stickel
PLANNING COMMISSION
Joyce Lawrence, Chairman
Gary McCaughan, Vice -Chair
Dick Carter, Commissioner
Dianne Lumsdaine, Commissioner
Brad Gaston, Commissioner
CITY MANAGER
Gerald Caton
ASSISTANT CITY MANAGER /ECONOMIC DEVELOPMENT
Ken Farfsing
COMMUNITY DEVELOPMENT DEPARTMENT
Art Rangel, AICP, Director of Community Development
Laura Wilson, Administrative Assistant
Terri Johansen, Executive Secretary
Planning Division
Ronald Yoshiki, City Planner /Assistant Director of Community Development
Theresa Sutton, Planning Commission Secretary
Franklin DeGroot, Principal Planner
Mark Sellheim, Principal Planner
Mary Martineau, AICP, Senior Planner
Marco Martinez, Associate Planner
Bill Doebler, Associate Planner
Cindy Nelsen, Assistant Planner
John Brownell, Assistant Planner
Dan Rockholt, Planning Technician
OPEN SPACE AND RECREATION CHAPTER
TABLE OF CONTENTS
OPEN SPACE & RECREATION 2
INTRODUCTION 2
OPEN SPACE & RECREATION ISSUES 3
GOALS, ISSUES, POLICIES AND PROGRAMS 4
I. OPEN SPACE 10
Undeveloped Open Space 10
TABLE 7.1
1I. RECREATION 13
Parks and Recreational Facilities 13
TABLE 7 -2
Park Maintenance 16
Financing park maintenance and renovation 17
School Facilities 17
TABLE 7 -3
Downtown Downey 20
III. HISTORIC RESOURCES 21
NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT
4
OPEN SPACE & RECREATION
INTRODUCTION
The state requires every general plan to have an open space element (Section 96302(e).
The purpose is to guide and set a policy framework for existing and future open space
—
uses within Downey. In an urban environment, open space contributes to the quality of
life by adding aesthetic and visual relief.
Although Downey is a built -out city, it has many open space resources. The river beds,
Rio Hondo on the west, and Rio San Gabriel on the east, form natural boundaries and
provide "edges" of open space as entries to the city. The Central Basin groundwater
spreading ground, part of the Rio San Gabriel River in Downey, attracts migratory birds.
The two golf courses, on the western boundary, provide acres of greenery and homes to
small animals and birds. There are over 47 acres of utility easements in the city that are
used for plant nursuries and informally used for recreation. The schools and parks
provide recreational facilities and activity areas for Downey residents.
Open Space & Recreation
VII - 4
3
OPEN SPACE & RECREATION ISSUES
OPEN SPACE
Issue One
Downey has many acres of open spaces, such as utility easements, cemetery, river beds,
golf courses, parks and schools.
RECREATION
Issue Two
Certain areas of Downey are deficient in parks; there is a need for additional parks and
recreational facilities in Downey especially in the south.
Issue Three
Downey's parks are 30 -40 years old; maintenance and upgrading of existing parks and
facilities is necessary.
Issue Four
There are many school facilities, owned by the Downey Unified School District, that could
be used for recreational purposes.
Issue Five
The downtown area is one of the only areas in Downey with sufficient vacant land for
parks, recreational facilities, and expanded cultural uses.
HISTORICAL RESOURCES
Issue Six
Downey's history goes back to the Civil War; there are historical resources in Downey
that contribute to the quality of life and to the heritage of the community.
Open Space & Recreation
V11-5
3
GOALS
To develop plans for the preservation, conservation, and rational use of open space.
To create and maintain a public system of park and recreational facilities.
GOALS, ISSUES, POLICIES AND PROGRAMS
The following goals, policies and programs have been developed to address open space
and recreation and historic resource issues in the City of Downey.
To preserve those significant historical resources considered valuable to the
community.
Open Space & Recreation
VII -6
s
OPEN SPACE
o Issue One
Downey has many acres of open space, such as utility easements, cemetery, river beds,
golf courses, parks and schools.
Policies
7.1.1 The City shall adopt programs to preserve existing open space.
Programs
The City shall:
7.1.1.0 Adopt an open space policy that designates parks, utility easements,
cemeteries, river beds, and golf courses as open space.
Open Space & Recreation
VII -7
•
o Issue Two
Certain areas of the city are deficient in parks; there is a need for additional parks and
recreational facilities in Downey especially in the south.
Policies
7.2.1
7.2.2
7.2.3
7.2.4
The City shall develop new parks in the areas of greatest need.
The City shall develop a connector bike trail.
The City shall provide additional recreational facilities.
The City shall examine the use of existing utility rights of way for recreation
facilities.
7.2.5 The City shall provide handicap accessible facilities.
7.2.6 The City shall require large commercial, industrial and residential
developments to establish usable open space in their projects.
Programs
The City shall:
7.2.1.0 Adopt a Parks Master Plan identifying areas of the city in greatest need
of additional parks.
7.2.2.0 Request the Southern Pacific Railroad to grant an easement over part of
their right -of -way for a bike trail, linking the existing bike trails along the
river beds.
7.2.3.0 Assess the need for, and if a need is found, provide a Full- Service Senior
Center.
7.2.4.0 Assess the need for, and if a.need is found, provide a gymnasium /multi-
purpose center.
7.2.5.0 Designate the Rockwell Employees Park as a future public park & open
space on the General Plan Land Use map.
7.2.6.0 Designate part of the Rockwell site as a Future Planning Area with a portion
designated as a future public park & open space on the General Plan Land
Use Map.
Open Space & Recreation
VII -8
i
7.2.7.0 Assess the possibility of using the railroad, Edison Company, public
controlled rights of way and surplus 1 -105 lots for recreation.
7.2.8.0 Provide handicap accessible facilities at all parks and recreational facilities.
7.2.9.0 Require large commercial, industrial and residential developments to
establish 5% of the project as usable open space, not to include setbacks
and parking areas.
Open Space & Recreation
VII -9
t
o Issue Three
Downey's parks are 30 -40 years old; maintenance and upgrading of existing parks and
facilities is necessary.
Policies
7.3.1 The City shall upgrade existing recreation facilities and parks.
7.3.2 The City shall adopt programs that will maintain a minimum of 106 acres of
parkland.
Programs
The City shall:
7.3.1.0 Upgrade Rio Hondo Country Club.
7.3.2.0 Adopt a Master Plan and Capitol Improvement Program for replacement
of playground equipment and the remodeling and maintenance of park
structures.
7.3.3.0 The City shall modify current and future facilities for the use of reclaimed
water.
7.3.4.0 Renovate Rio San Gabriel Park as needed and monitor the
conditions of the abandoned landfill.
7.3.5.0 Develop the south end of Wilderness Park.
7.3.6.0 Maintain an adequate level of recreational staffing at park facilities.
7.3.7.0 Examine and use all possible means of funding, including grants,
donations, development fees, user fees and public /private partnerships.
7.3.8.0 Adopt an ordinance retaining 106 acres in Downey as parks.
Open Space & Recreation
VII -10
ti
o Issue Four
There are many school facilities, owned by the Downey Unified School District, that could
be used for recreational purposes.
Policies
7.4.1 The City shall cooperate with the school district to provide joint use of school
facilities for recreation programs.
7.4.2 The City shall consider development of parks and/or special facilities on school
property.
7.4.3 The City shall consider purchasing part of each public school property as open
space, pursuant to the Naylor Act, should any existing schools be sold or leased
for another use.
Programs
The City shall:
7.4.1.0 Continue coordination with the Downey Unified School District to ensure the
availability of school recreational facilities for public recreation.
7.4.2.0 Consider its right to purchase up to 30% of a school site, pursuant to the
Naylor Act, should such site become available for sale or lease.
Open Space & Recreation
VII -11
o Issue Five
The downtown area is one of the only areas in Downey with sufficient land for parks,
recreational facilities, and expanded cultural uses.
Policies
_ 7.5.1 The City shall continue to support cultural events and facilities in Downey.
Programs
The City shall:
7.5.1.0 Develop a downtown park.
7.5.2.0 Relocate the Downey Art Museum to the downtown area.
7.5.3.0 Remodel the Downey Community Theater facility.
7.5.4.0 Construct an historical interpretive area in the downtown area.
Open Space & Recreation
VII -12
4
HISTORICAL RESOURCES
o Issue Six
Downey's history goes back to the Civil War; there are historical resources in Downey
that contribute to the quality of life and to the heritage of the community.
Policies
7.6.1 The City shall work with property owners to preserve significant historical
resources.
7.6.2 The City shall develop a process for identifying significant historical/ archeological
resources.
Programs
The City shall:
7.6.1.0 Provide incentives to property owners to preserve significant
historical resources such as but not limited to:
• The Rives Mansion
• The Assistance League House
• The McDonald's at Lakewood and Florence
• The Dismuke's House at Apollo Park
• The Harriman House at Rancho Business Park
• The Moreton Bay Fig tree at Rancho Business Park
7.6.2.0 Conduct an historical resource survey to identify additional significant
historical resources.
7.6.3.0 Preserve and /or relocate significant archeological resources.
Open Space & Recreation
VII -13
•
I. OPEN SPACE
o Undeveloped Open Space
The state defines open space' as any of the following:
(1) Open space for the preservation of natural resources; in Downey this is the
river beds of the Rio Hondo and Rio San Gabriel Rivers;
(2) Open space used for the managed production of resources including areas
required for recharge of ground water basins, such as the ground water spreading
ground in Downey;
(3) Open space for outdoor recreation including historic, areas for parks, areas
which serve as links for recreation, including utility easements, banks of rivers and
trails;
(4) Open space for public health and safety, including areas which require special
management, such as Rio San Gabriel park which is located on an abandoned
landfill.
In addition to the above, the General Plan Committee chose to include Downey Cemetery,
and the golf courses as open space. There are over 200 acres of undeveloped open space
in Downey, and an additional 230 acres of golf courses. If Downey were to lose that, it
would have a detrimental impact on the community.
Preservation of utility easements as open space is necessary not only for the public
welfare and safety, but also for visual relief. Existing easements include Southern
California Edison and the Department of Water and Power. They are now used informally
as recreation areas. Southern Pacific and Union Pacific Railroads are also corridors of
visual open space.
Downey Cemetery, located at the northeast corner of Lakewood Boulevard and
Gardendale Avenue, provides 7 acres of grass, flowers and trees in the midst of the urban
environment.
' "General Plan Guidelines, Office of Planning and Research,
1990, page 126.
Open Space & Recreation
VII -14
•
River beds are another source of undeveloped open space in Downey. There are river
beds on both the east and west boundaries of the city; Rio San Gabriel on the east and
Rio Hondo on the west. They create "edges" of open space on the east and west
boundaries of the city, and contribute to the unique character of Downey.
Downey has two public golf courses, both over 100 acres, on the west city boundary.
Rio Hondo Country Club, which is city- owned, is located on Old River School Road,
between Florence and Firestone. Los Amigos Golf Club, owned by Los Angeles County,
is also on Old River School Road, between Firestone Boulevard and Imperial Highway.
The 120 -acre Rancho Los Amigos Hospital site, south of Imperial Highway, is being
developed, in phases, into an industrial park, Rancho Business Center. The specific plan
for phase 2 required that a 1 -acre parcel in phase 3 be set aside for a mini -park and
historic interpretive center. The park will be located at the center of the site, and where
several significant trees are located, including a Moreton Bay fig tree, one of the largest
in Los Angeles County. Setting aside open space in a large development, either
residential, commercial or industrial, would create pockets of additional open space
throughout the city. Setbacks or parking lots would not be figured in the requirement for
open space.
Open Space & Recreation
VII -15
1
The inventory of existing open space, not developed for parks, is listed in Table 7.1.
Open Snace
Utilities 47.0 9.8
Cemetery 7.0 1.5
Railroads 62.7 13.7
River Beds 110.0 24.0
Golf Courses
Rio Hondo
Los Amigos
Total
TABLE 7.1
INVENTORY OF OPEN SPACE
Acres & of Total
101.0 22.0
135.0 29.0
462.7 100.0
Open Space & Recreation
VII -16
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II. RECREATION
Cateaory
Parks and Recreational Facilities
Certain areas of Downey are deficient in parks; there is a need for additional parks and
recreational facilities in Downey especially in the south. Downey has eleven parks, ranging
in size from Temple Park, which is a 1/2 acre mini -park, to Wilderness park, which is 26
acres. The city's goal is to provide 1.5 acres of park land for every 1,000 residents. On
January 1, 1991 Downey's population was 91,444, which means approximately 137
acres of park land is needed to meet Downey's goal. Downey currently has 106 acres
of parks; 30.5 acres more are needed to obtain the goal of 1.5 acres of parks land per
1,000 residents. To meet the goal, the City proposes to designate the Rockwell
Employees Park and part of the Rockwell site as a future public park and open space on
the General Plan map and to require large developments to provide useable open space
in their projects. A park is being considered for the downtown area. Located within the
Civic Center Complex, there exists a small public park /forum. The City placed an
historical arch in this area, as a memorial to remind us of Downey's first grammar school
and city hall.
Mini -Parks
1 acre or less
Neighborhood Parks
1 -6 acres
Community Parks
7+ acres
TABLE 7 -2
CLASSIFICATION OF EXISTING FACILITIES
Facility Acreaae
Temple Park 0.5
Subtotal 0.5
Brookshire Park
Crawford Park
Dennis the Menace Park
Treasure Island Park
Subtotal
Apollo Park
Furman Park
Golden Park
Independence Park
Rio San Gabriel Park
Wilderness Park
Open Space & Recreation
VII -17
1.6
2.2
6.9
4.0
14.7
14.7
14.8
7.4
12.5
16.0
26.0
Subtotal 91.4
Total Park Area 106.5
4
The following table shows available parks by Council district. Downey's park needs are
shown to be greatest south of Firestone Boulevard.
DISTRICT 1, S. of Firestone, E. of Downey Avenue
Brookshire Park
Golden Park
Independence Park
DISTRICT 2, S. of Firestone, W. of Downey Avenue
Apollo Park
Temple Park
DISTRICT 3, N. of Firestone, W. of Downey Avenue
Crawford Park
Furman Park
Treasure Island Park
1.6 acres
7.4 acres
12.5 acres
Total Park Acreage 21.5
14.7 acres
.5 acres
Total Park Acreage 15.2
Total South 36.7
2.2 acres
14.8 acres
4.0 acres
Total Park Acreage 21.0
DISTRICT 4, N. of Firestone, E. of Downey Avenue
Dennis the Menace Park 6.9 acres
Rio San Gabriel Park 16.0 acres
Wilderness Park 26.0 acres
Total Park Acreage 48.8
North Total 69.8
Total Citywide 106.5
Although existing parks provide a variety of recreational facilities, a need for more
facilities may be identified. As the city's residents age, a full- service senior center may
be necessary. The 1990 census shows an increase in school -age children in Downey; a
need for a city -wide gymnasium /multi - purpose center might also be identified.
Open Space & Recreation
VII -18
i
Rockwell International
There is little available land for additional parks. Existing utility rights -of -way should be
examined for possible recreation use. Rockwell International is a major land use in the
southeast section of Downey. In the event that Rockwell leaves, part of the Rockwell site
could be developed for parks and recreational facilities. The Rockwell Employees Park,
a 9 acre site off Woodruff Avenue, is developed with tennis courts and a baseball
diamond. It could also be turned over to the city should Rockwell leave the area.
Bike Trails
There are county bike trails on both river beds along the east and west boundaries
of the city. However, a need has been identified for a bike trail linking the existing trails.
The Southern Pacific Railroad right -of -way, that parallels Firestone Boulevard running east
and west, could be developed for a connector bike trail. This proposed bike trail would
also provide access to the revitalized downtown area.
Open Space & Recreation
VII -19
3
Park Maintenance
Downey's parks are 30 -40 years old; maintenance and upgrading of existing parks and
facilities is necessary. Playground equipment at all parks needs to be upgraded. Handicap
access in restrooms must be provided. Activity buildings at Apollo, Furman, and Rio San
Gabriel Parks need renovation. Tennis court lights at Independence and Furman need
replacement as well as ball diamond lights at Apollo and Rio San Gabriel Parks. Ball
diamond lights should be installed at Golden Park. A Master Plan and Capital
Improvement Program for replacement of equipment and park structures needs to be
developed and implemented.
Reclaimed water irrigation systems will soon be installed in Downey's parks. The system
will conserve third -stage water for domestic use, and will be a plentiful source of water
for landscape irrigation.
Maintenance of recreation programs is also necessary. The City's Community Services
Department manages the parks and recreation facilities. They are maintained by the
Department of Public Works. Most Downey parks are staffed year round to meet the
needs of the numerous community groups, reservations, athletic organizations and
individuals using the parks. Park programs include special interest classes, athletic
league, concerts in the parks, year round and summer recreation programs, and special
events.
A study to consider the renovation of Rio Hondo Country Club is underway. A Master Plan
of improvements needs to be adopted and work begun in a timely manner. Water
hazards, which will also serve as reservoirs, will be installed. Greens and fairways will be
redone.
Rio San Gabriel Park is constructed on an abandoned landfill. The landfill creates a unique
situation for the park. Subsidence from decomposition creates land movement;
there is a drainage problem at the south parking lot, and the possibility of escaping gas
is always a concern. The park requires regular monitoring.
Wilderness Park, which is 26 acres, is Downey's largest park. It features lakes, activity
buildings, picnic facilities and playgrounds. The lake edges are eroding and need to be
stabilized. The south end of the park has never been adequately developed with
recreational facilities.
Open Space & Recreation
VII -20
it
Financing park maintenance and renovation
New methods of financing park maintenance and renovation should be explored. The
state authorizes cities to charge developers "Park and Recreation Dedication" more
commonly known as "Quimby fees ". The Quimby Act establishes that a city, by
ordinance, can require the dedication of land, or the payment of an in -lieu fee thereof, or
a combination of both as a condition of approval for a subdivision map. Downey charges
an in -lieu fee which is used for park maintenance. However, since apartment dwellers
_ impact city parks and recreation facilities, Downey should explore "development fees ",
a fee for parks charged to apartment developers. The City should also examine other
means of financing, including grants, donations, public /private partnerships and user fees,
such as parking fees on weekends and raising green fees at Rio Hondo Golf Course.
• School Facilities
There are many schools, owned by the Downey Unified School District, that could be
used for recreational purposes. School sites provide outdoor space to Downey residents
during after - school hours, weekdays and all day during weekends. The school district and
the city have a cooperative agreement to provide school grounds for recreation.
Although the school district has first priority concerning use of school grounds, the City
of Downey has access rights to all gymnasiums, athletic fields and swimming pools when
not in use by the district. The school district and the city recently constructed a
swimming pool on Downey High School grounds. Cooperation between the school district
and the city needs to continue to assure that school open space is available to Downey
citizens.
Over the past years, the Downey Unified School District has sold off school sites. This
was done to raise revenue and to dispose of underutilized schools, due to shrinking
enrollment. The following schools have been sold and converted to other uses:
Santa Gertrudes School
Rives Avenue School
Meadow Park School
Old River School
Fairford School
Roger Caseres School
Downey Elementary School
In addition, the district is now proposing sale of the Unsworth School site, north of the
1 -5 freeway.
Open Space & Recreation
VII - 21
ill
The Naylor Act, Education Code Section 39391, 39393, allows a public agency to
purchase no more than 30% of the total surplus school acreage. Under the Act, a school
district must offer the surplus school acreage to the city in which the land is situated The
offer must be accepted within 60 days. Under the Act, the minimum sales price for
surplus school acreage is 25% of its fair market value. This minimum sales price can only
be exceeded to allow a school district to recover the cost it had incurred to acquire a site.
(See Appendix A for the complete text of The Act).
School sites are a significant amount of open space in Downey, and loss of the open
space to other uses would create more density and congestion on remaining open space
areas. The city should exercise its right to acquire 30% of a surplus school site, at 25%
of market value, when such site becomes available. Table 7 -3 illustrates total school
acreage, and the approximate amount of lot coverage.
TABLE 7 -3
DOWNEY PUBLIC SCHOOL LOT COVERAGE
School Sa. Ft. Acres Sa. Ft. Covered % Coverage
Alameda 362,250 8.3 61,875 17%
Carpenter 385,070 8.8 80,625 21%
Gallatin 514,444 11.8 51,875 10%
Gauldin 263,032 6+ 53,500 20%
Imperial 387,248 8.8 51,875 13%
Lewis 398,040 9.1 43,400 11%
Price 351,360 8.1 43,500 12%
Rio Hondo 448,400 10.3 45,600 10%
Rio San Gabriel 526,320 12.1 56,200 11%
Ward 319,730 7.3 53,750 17%
Williams 239,706 5.5 49,300 20%
Open Space & Recreation
VII -22
Middle Schools.
East 989,280 22+ 86,800 9%
Griffiths 1,025,014 23.5 95,000 9%
South 894,440 20.5 138,500 15%
West 1,089,000 25+ 100,500 10%
Hiah Schools
Columbus 1,023,660 23.5 78,550 8%
Downey 1,698,840 39+ 187,200 11%
Warren 1,400,306 32+ 179,500 13%
281.4 acres
Of the 281 acres of public schools, the percent of lot coverage ranges from 8% to 21 %.
Removing this land from public open space would make an impact on the urban
environment.
• Downtown Downey
The downtown area is one of the only areas in Downey with sufficient vacant land for
parks, recreational facilities and expanded cultural uses. The area considered to be
"Downtown Downey" is the historic business district. Its boundaries are Fifth Street on
the north, Brookshire Avenue on the east, The Southern Pacific railway on the south and
Paramount Boulevard on the west. It is a mix of uses; commercial, service, institutional
and residential. Within the downtown, there are currently 11 vacant parcels of land.
Since the area is targeted for revitalization, there is an opportunity to include recreational
and cultural facilities in the center of the city, accessible to all Downey residents.
To retain the area's heritage, an historical interpretive area should be constructed
downtown. The Downey Art Museum, currently in Furman Park, should be moved to the
downtown. This would generate more foot traffic in the area and further define the area
as the cultural center of the city. The Downey Community Theater facility should be
remodeled to update the building and install handicapped access.
Open Space & Recreation
VII -23
3
In 1990, a volunteer committee of Downey citizens, The Blue Ribbon Committee, studied
the revitalization of Downtown Downey. Their recommendations, included in the
"Downtown Downey" report, published in early 1991, include a downtown park, and an
historic interpretative area. It also directed that the specific plan, which will be written for
the area, include an open space chapter, focusing on pocket parks and encouraging
private developments such as restaurants and offices, to provide open space.
Open Space & Recreation
VII - 24
•
III. HISTORIC RESOURCES
Downey's history goes back to the Civil War there are historical resources in Downey
that contribute to the quality of life and to the heritage of the community. Rancho Santa
Gertrudes was founded about 1781. In 1859, the 17,602 acre rancho was bought by
John Downey and Dr. James McFarland for $60,000. Downey, a Los Angeles druggist,
was Governor of California from 1860 to 1863. In 1865, he began subdividing Santa
Gertrudes Rancho, issuing the first land grant to J. H. Burke. The Tract of the Downey
Land Association within Santa Gertrudes Rancho was filed with the county surveyor on
October 13, 1873. Later former Governor Downey, together with other benefactors,
donated 308 acres of land to establish the University of Southern California. He died in
Los Angeles in 1894.
Rockwell International, at 12214 Lakewood Boulevard, is an important part of Downey's
history. It was begun by E. M. Smith in 1929 as Emsco Aircraft. It subsequently became
Vultee, Consolidated Vultee, North American Aviation and finally Rockwell. It is home of
the Apollo and Space Shuttle.
Since 1900 the Downey area experienced steady growth. The greatest population
increase occurred during the 1950's, when the population swelled to 82,000 persons. In
December, 1956, the City of Downey was incorporated as a general law city, and in
1965, it became a charter city.
Several Downey sites are significant historical resources. The Rives Home, at Paramount
Boulevard and Third Street, was built in 1911, and was listed on the National Register of
Historic Places in 1978. The three -story Greek Revivial home was built for James Rives
and family. He was Los Angeles County District Attorney and a Superior Court Judge
until his death in 1923.
Casa de Parley Johnson, the Assistant League House, at 7749 Florence Avenue, was built
in 1926, and placed on the National Register of Historic Places in 1986. It was built for
Parley and Gypsy Johnson by the prominent architect, Roland Coate. Johnson made his
fortune in citrus growing and petroleum speculation.
2 Historic information provided by the Downey Historical
Society.
Open Space & Recreation
VII -25
b
McDonald's Drive -In, 10207 Lakewood, was built in 1953 and became eligible for the
National Register in 1984. It is the oldest existing restaurant in the famous hamburger
chain with the original architecture and red and white tile. The 800+ sq. ft. neon sign,
"Sir Speedee" is a symbol of the nineteen - fifties.
The Dismuke's House, built by an early settler in 1887, was moved from its original
location on Firestone Boulevard to Apollo Park. The Downey Historical Society painted and
restored the building.
Rancho Los Amigos Medical Center began about 1888 as a Los Angeles County Poor
Farm, housing poor and indigent psychiatric inmates. It is now a trauma and burn center.
The hospital still houses polio victims from the 1950's polio epidemic. The Harriman
Building, completed in 1932, was designed by the county's architect, Mr. Muck. The
Moreton Bay fig tree, a significant mature tree on the Rancho property, is one of the
largest in Los Angeles County.
Archeological Resources
Archeological resouces range from findings of prehistoric graves to concentrations of
debris. In 1986, an archeological site containing an adult American Indian skelton was
discovered at 9174 Serapis Avenue. The Indian remains, identified as Case Number 86-
5722 Undetermined Doe #7, were sent to the Los Angeles County Coroner's Office and
the American Indian Heritage Commission was notified of their discovery.
Concentrations of debris are also sources of artifacts. During recent construction, "trash
middens" have been discovered in the downtown area. Medicine and liquor bottles, jars
and crocks, tools and trinkets, all relics of Downey's history have been retrieved. The
Blue Ribbon Committee recommended that local historians be allowed to retrieve artifacts
before the area is further developed or covered over. The relics obtained could be
displayed in a downtown historical interpretation display.
3 Judith Suchey, archeologist from California State University,
Fullerton, identified the remains.
Open Space & Recreation
VII -26
•
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OPEN SPACE CHAPTER
APPENDIX A
ARTICLE 5, EDUCATION CODE
SURPLUS SCHOOL PLAYGROUND, PLAYING FIELD, AND RECREATIONAL PROPERTY
Open Space & Recreation
VII -27
s
EDUCATION CODE
Whenever any property is sold under this section it shall be removed from the premises of the
district selling it within 60 days from the date of the sale.
(Amended by Stat3.1990, c. 1372 (S.B.1854), 1 192.)
Historical sad Story Now mm ty colleges. and wthonty of community college dis-
1990 Iepslanos outs under Cont. Art. 9. } 14. We Hiswncal sad Statutory
Legislative 6ndinp in Staa 1990. c. 13 (S.a 18541. Nam aeder 1 40.
regarding application of Eduratwa Code provisions to com-
§ 39384. Repealed by Stata.1982. c. 689, p. 2824. q 2
Historical sad Stedats7 Note
prior w repeal i 39384 yeas amended by Stats.1980, c.
165. p. 363. § 1: Stats.1980. c. 1354, p. 4858. § 37.2.
ARTICLE 5. SURPLUS SCHOOL PLAYGROUND, PLAYING FIELD, AND
RECREATIONAL PROPERTY
Section
39390. Legislative intent
39391. Application of article.
39392. School site; governing board.
39393. Authorization to sell or lease school sites.
39394. Offers to sell or lease school sites to public agencies; priorities; discretion; notice of intent
to purchase or lease.
39395. Retention of part of school site.
39396. Sales price; maximum and minimum; annual rate of lease.
3939?. Public agencies proposing to purchase or lease land; findings; approval.
39397.5. Public agencies; surplus school property purchases; plans; operative date of section.
39398. Maintenance by public agencies; uses of land; reacquisition by school district.
39399. Law governing.
39400. Failure of compliance by school district; validity of transfer or conveyance.
39401. Exemption of surplus school sites.
39402. Alternative agreements for disposition of property.
39403. Limitation on rights of acquisition or lease by public agencies.
39404. Excluded school districts.
Article 5 was added by Stats.1980, a 7.26, p. 2199, 1 R
Cross Referaacss
Sale or Ise of surplus property. failure to comply with
preferred uses. required sale aader this snide. see
§ 39360.3.
Application of State 1982. c. 689, sr note under 6 39295.
4 39390. Legislative intent
The Legislature is concerned that school playgrounds, playing fields and recreational real property
will be lost for such uses by the surrounding communities even where those communities in their
planning press have assumed that such properties would be permanently available for recreational
purposes. It is the intent of the Legislature in enacting this Wide to allow school districts to
recover their investment in such surplus property while malting it possible for other agencies of
government to acquire the property and keep it available for playground, playing field or other
outdoor recreational and open -apace purposes.
(Added by Stats.1980, a 736, p. 2199. q 2.)
Cass aadwses
Remain d surd school property. s Gammas
Cade q 65452.9.
149
Open Space Chapter
Appendix A
Page 1
§ 39391
Freer Useaaer
Schools awed.
CJs Mesh acid School Diarists q 241 et seq.
q 39391. Application of article
This article shall apply to any achotii site owned by a school district, which the governing board
determines to sell or last, and with respect to which the following conditions exist
Additions or changes Ingested by underling deletions by asterisks • • •
•
§ 39391 EDUCATION CODE
(a) Either the whole or a portion of the school site consists of land which is used for school
playground. playing field. or other outdoor recreational purposes and open -space land particularly
suited for recreational purposes.
(b) The land described in subdivision (a) has been used for one or more of the purposes specified
therein for at least eight years immediately preceding the date of the governing board's determina-
tion to sell or lease the school site.
(c) No other available publicly owned land in the vicinity of the school site is adequate to meet the
existing and foreseeable needs of the community for playground, playing field, or other outdoor
recreational and open -space purposes, as determined by the governing body of the public agency
which proposes to purchase or lease land from the school district, pursuant to Section 39397.
(Added by Stats.1980. c. 736, p. 2199, § 2. Amended by Stats.1981, c. 507, p. 1862, § 1.)
§ 39392. School site governing board
As used in this article, "school site" means a parcel of land, or two or more contiguous parcels,
which is owned by a school district "Governing board" means the governing board of the school
district which owns the school site.
(Added by Stats.1980, c. 736, p. 2200, § 2.)
§ 39393. Authorization to sell or lease school sites
The governing board of any school district may sell or lease any school site containing land
described in Section 39391. and if the governing board decides to sell or lease such land, it shall do so
in accordance with the provisions of this article.
(Added by Stats.1980, c. 736, p. 2200, § 2.)
§ 39394. Offers to sell or lease school sites to public agencies priorities; discretion; notice of
intent te purchase or lease
Notwithstanding Section 54222 of the Government Code, the governing board, prior to selling or
leasing any school site containing land described in Section 39391, excluding that portion of a school
site retained by the governing board pursuant to Section 39395, shall first offer to sell or lease that
portion of the school site consisting of land described in Section 39391, secluding that portion
retained by the governing board pursuant to Section 39395, to the following public agencies in
accordance with the following priorities:
(a) First, to any city within which the land may be situated.
(b) Second, to any park or recreation district within which the land may be situated.
(c) Third, to any regional park authority having jurisdiction within the area in which the land is
situated.
(d) Fourth, to any county within which the land may be situated.
The governing board shall have discretion to determine whether the offer shall be an offer to sell
or an offer to (ease.
An entity which proposes to purchase or lease a school site offered by a school district shall notify
the district of its intention, in writing, within 60 days after receiving written notification from the
district of its offer to sell or lease.
(Added by Stats.1980, c. 736, p. 2200, § 2.)
§ 39396. Retention of part of school site
In determining what portion of a school site shall be offered for sale or lease pursuant to this
article, the governing board may retain any part of the school aite containing structures or buildings,
together with such land adjacent thereto which, as determined by the governing board, met be
included in order to avoid • • • reducing the • • • vale* of that part of the school sit* containing
such structures or buildings to less than 50 percent of fair market value.
(Added by Ststs.1980, c. 736, p. 2200, 4 2. Amended by Stats.1981, c. 507, p. 1862, § 2.)
Crew Reformer
We or twee of maples property, Wm to empty with
preferred tow app1les ca to moody retmd =der this
section. see ¢ 39340.3.
AddUOns or Menges Indlestsd by underling dalatb,n by asterisks • • •
150
Open Space Chapter
Appendix A
Page 2
§ 39397. Public agencies proposing to purchase or lease and findings; approval
The governing body of a public agency which proposes to purchase or lease land from a school
district pursuant to this article shall first make a finding, approved by a vote of two-thirds of its
members, that public lands in the vicinity of the school site are inadequate to meet the existing and
foreseeable needs of the community for playground, playing field, or other outdoor recreational and
open -space purposes.
(Added by Stat3.1980, c. 736, p. 2201, § 2.)
EDUCATION CODE § 39397.5
§ 39396. Sales price. maximum and minimum; annual rate of (ease
(a) Except as otherwise provided in subdivision (b) or (e), the price at which and described in
Section 39391, excluding that portion of a school site retained by the governing board pursuant to
Section 39395, is sold pursuant to this article shall not exceed the school district's cost of acquisition.
calculated as a pro rata cost of acquiring the entire parcel comprising the school site, adjusted by a
factor equivalent to the percentage increase or decrease in the cost of living from the date of
purchase to the year in which the offer of sale is made, plus the cost of any improvement to the
recreational and open -space portion of the and which the school district has made since its
acquisition of the land. In no event shall • • • the price be less than 25 percent of the fair market
value of the and described in Section 39391 or less than the amount necessary to retire the share of
local bonded indebtedness phis the amount of the original coat of the approved state aid applications
on ' ' • the property, excluding that portion of a school site retained by the governing board
pursuant to Section 39394, at the time of the offer.
These provisions shall apply to land that the school district acquired by gift or for consideration.
(b) A school district that offers a portion of a school site for sale may offer such portion of
property for sale at its fair market value. provided the school district offers an equivalent size
alternative portion of ' ' ' that school site for school playground, playing field. or other recreational
and open -space purposes.
lc) Land which is leased pursuant to this article shall be leased at an annual rate of not more
than'hoth of the maximum sales price determined pursuant to subdivision (a) of this section. adjusted
annually by a factor equivalent to the percentage increase or decrease in the cost of living for the
immediately preceding year.
(d) The percentage of annual increase or decrease in the cost of living shall be the amount shown
for January 1st of the appropriate year by the then current Bureau of Labor Statistics Consumers
Price Index for the area in which the school site is located.
(e) Whenever a school district closes a school site and sells any land described in Section 39391
pursuant to this article to help pav only for capital outlay costs incurred directly as a result of the
transfer of pupils from the closed school to another school or other schools of the district. the sale
Price of the property determined pursuant to subdivision la) shall oe increased by an amount equal to
the additional costs incurred due to the school closure.
(Added by Stats.1980. c. 736, p. 2200, § 2. Amended by Stats.1981, c. 507, p. 1863, ¢ 3.)
Crow Reformers
Sale or lase of surplus property. failure to comply eith
preferred um. campucauon of sale price under this swoon,
see § 39360.3.
¢ 39391.S. Public agent surplus school property purchases: pie; opermiM data of section
(a) No public agency may purchase surplus school property from a school district pursuant to this
article unless it has first adopted a plan for the purchase of surplus school property. The plan shall
designate the surplus site or sites all or a portion of which the public agency desires to purchase at
the price established ptusoant to this aetiak and shall designate at least TO percent of the total
surplus school acreage u property which the agency does not desire to purchase at the pries
established pursuant to this article. Where the plan indicates that the agency desires to purchase
only a portion of a school site at the price established pursuant to this article, it shall designate the
percent of the property to be so purchased and provide a description of the general location of the
property to be purchased, without designating the metes and bounds.
(b) Any property designated by public agencies as surplus school sites which the agencies do not
wish to purchase, pursuant to subdivision (a), may be sold or leased by a school' district without
regard to the provisions of this article.
Additions or changes htdland by underline; daNtlons by asterisks • • •
151
Open Space Chapter
Appendix A
Page 3
•
§ 39397.5
(c) This section shall become operative on April 1, 1982.
(Added by Stats.1981, c. 507, p. 1863, § 4, operative April 1, 1982.)
Lbr.ry Adenaea
Schools owls,
CJ.S. Schools and School Desna, If 253, 263.
EDUCATION CODE
§ 39398. .Maintenance by public agencies; uses of land; reacquisition by school district
Any land purchased or leased by a public agency pursuant to this article shall thereafter be
maintained by such agency for playground, playing field. or other outdoor recreational and open -
space uses. Land which prior to its sale or lease was used for playground or playing fold purposes,
shall continue to be maintained for such use by the acquiring agency, unless the governing body of
that agency, by a two-thirds vote at a public hearing, determines that there is no longer a significant
need for the land to be so used, in which cane the land may thereafter be used for other outdoor
recreational or open -apace purposes. The school district • • • may, at any time, • • • reacquire the
land at a price calculated in the manner prescribed in Section , and the rights of reacquisition
provided in this section shall be set forth in the deed or other instrument of transfer. If the
governing board of the public agency determines that the land is no longer needed for playground.
playing field, or other outdoor recreational and open -space purposes, the public agency shall offer the
property to the school district for reacquisition under this section. and the school district shall notify
the public agency within 60 days of its intent to reacquire • • • the land. If the school district
intends to sell " • the property within one year of the reacquisition date, the school district • • '
may finance the reacquisition of ' • • the land by lien against the proceeds to be obtained from the
sale of ' ' • the land by the school disaict If the school district fails to give the public agency
timely notice oils intent to reacquire the property, or if it fails to exercise its right of reacquisition,
the public agency ' ' • use or dispose of • • • the property.
For purposes of this section. "cost of acquisition ", as used in Section 39396, shall refer to the cost
at which the land was acquired by the public agency.
(Added by Stats.1980, c. 736, p. 2201, § 2. Amended by Stats.1982, c. 466, p. 2013, § 29.)
§ 39399. Law governing
The sale or lease of land by a school district pursuant to this article shall be subject to, and
governed by, the provisions of Article 2 (commencing with Section 39030) of Chapter 1 and Article 4
(commencing with Section 39360), except to the extent that the provisions of this article are
inconsistent with a provision or provisions of Article 2 or 4, in which event the provisions of this
article shall govern such sale or lease.
(Added by Stats.1980, c. 736, p. 2202, 9 2.)
§ 39400. Failure of compliance by school district: validity of transfer or conveyance
Failure by the school district to comply with the provisions of this article shall not invalidate the
transfer or conveyance of real property to • purchaser or encumbrancer for value.
(Added by Stats.1980, c. 736, p. 2202, § 2.)
§ 39401. Exemption of surplus school sits
Notwithstanding the other provisions of this article, any school district governing board may
designate not more than two surplus school sites u erupt from the provisions of this article for
each planned school sits acquisition if the school dutriet has an immediate need for an additional
school site and is actively seeking to acquire such an additional site, and may exempt not more than
one surplus school site if the district is seeking immediate expansion of the clasaroom capacity of an
existing school by 50 percent or more.
The exemption provided for by this section shall be inapplicable to any school site which, under a
lease ' ' • aeeuted on or before July 1, 1974, with a term of 10 rears, was leased to s city oa
under 100,000 population for park purposes, was improved at arty asperse, and • • • used ' • for
public park purposes.
(Added by Stata. 1980, a 738, p. 2202, § 2. Amended by Statf..1980, d 1364, p. 4869, § 87.23, eff.
Sept. 30, 1980, operative Jan. 1, 1981.)
Additions or .Jimngss Indicated by underling deletions by asterisks • • •
152
Open Space Chapter
Appendix A
Pape 4
EDUCATION CODE
1910 l apdaden.
§§ 39420. 39421
Repealed
HWorimi W Statutory Nous - Swoon 17.23 of tho as shad become aperaa a on
January 1. 1981."
Section 66.3 of Stan1980, c. 1334, p. 4883. pied •
39402. Alternative agreements for disposition of property
A school district having a school site described in Section 39391 may, as an alternative to sale or
lease of the land pursuant to the foregoing provisions of this article. enter into other forms of
agreement concerning the disposition of such property with any entity enumerated in Section 39394,
in accordance with the priorities therein specified, including, but not limited to: an agreement to
lease to such entity all or part of the school site for a specified term, with an option to purchase such
properties at the end of the term: an agreement granting to such entity a permanent open -space
easement for recreational use over a portion of the leaned site; and. if the lessee or a grantee under
such an agreement is an entity having zoning powers, an agreement requiring such entity to rezone
any portion of the property retained by the school district in accordance with conditions specified in
the agreement, to the extent that rezoning in accordance with such conditions is in compliance with
applicable lawn of the state.
(Added by Stata.1980, c. 738, p. 2202, § 2.)
39403. Limitation on rights of acquisition or lease by pablk agencies
(a) No more than 30 percent of the total surplus school acreage owned by a school district may be
purchased or leased by public agencies pursuant to this article.
(b) The right of any public agency to purchase or lease surplus school property pursuant to this
article shall exist only with respect to an amount of surplus school acreage within its jurisdictional
boundaries which, when added to the surplus school acreage within its jurisdictional boundaries
already purchased or leased pursuant to this article, will not exceed 30 percent of the surplus school
acreage owned by the schooi district which is within the jurisdictional boundaries of that agency.
(c) For purposes of this section. "surplus school acreage" of a school district means property which
is owned by a district and aot used for school purposes, including, but not limited to, undeveloped
property and property which contains school buildings that are not in use as a result of a school
closure and which is not subject to any lease or agreement executed on or before July 1, 1914. for a
term in excess of six years, in which any city containing a population of less than 100,000 had use of
the property for park purposes on January 1, 1981, and had improved the property. •
(d) Nothing in this section shall be construed to deny local agencies the opportunity to purchase at
full market value all or put of the 70 percent of the total surplus school acreage which is not
affected by this article.
(Added by Stata.1981, c. 1113, p. 4345, § 9.)
HWeteal sal Sammy Naas
19111 l srdsdsa.
Farms l 39403. added by 3m44.1914 c 736. p. 3203.
3 2, amended by Stan 19$1. a 507, p. 1166, l 3. Mow co
.--_
moss nixed mane, w mow by summit. c 1113, p.
4343, l a
Densibio Formic l 39403, adds! by Sua.1910. c. 736.
p. 2391, l 2, amtudd by Stan1911. c SOT. p. 1164. 3.
Lamy Rlntas
Sawa eaN.
C31 3dioois sad School Dianna l 241 a seq.
§ 31404. Excluded school districts
This article shall not apply to any school district having more than 400,000 pupas in average dally
attendance.
(Added by Stste.1980, c. ¶36, p. 2208, § 2.)
ARTICLE & OWNERSHIP OF FIXTURIE Dl TERRITORY WITHDRAWN
FROM DISTRICT [REPEALED]
Article d sae repealed by Stata1984 e. 11S4 p. 4014, 14.
If 39420, 39422. Repealed by SWAINS. e. 1192, P. 4624, 1 4
FDrselsol n4 lertae7 NON Swine be Ms pwioes of Sas1914 e. 1192, sn ems
No rigbt or diagonal acing wt or say peeviaa at kw lade § 33305
coaled by Sun 1914 a 1192, p. 4033. 1s be sbalisbd or . .
Add ms. or tllta teas Y+dasted by urtdar8rtap daisUotla by asterisks • • •
153
Open Specs Chapter
Appendix A
Peps 5
s�
Exhibit "B"
Initial Study of Environmental Impacts
I. BACKGROUND
1. Name of Proponent City of Downey
2. Address and Phone Number of Proponent 11111 Brookshire Avenue
Downey, CA (213) 869 -7331
3. Date Checklist was Submitted Marrh 11. 1991
4. Name of Proposal, if Applicable General Plan Amendment #91 ci
an update of the citv's O pen Space and Rec. Chapte
5. Application Number(s) General Plan Amendment #91
6. Description
7. Location rityeaida
II. ENVIRONMENTAL IMPACTS
1. Earth. Will the proposal result in:
An nildee of the ritv's Open Space and
Recreation Chapter of the General Plan.
a. Unstable earth conditions or in changes in
geologic substructures?
b. Disruptions, displacements, compaction or
overcovering of the soil?
c. Change in topography or ground surface
relief features?
d. The destruction, covering or modification
of any unique geologic or physical feature?
e. Any increase in wind or water erosion of
soils, either on or off the site?
1
Yes Maybe No
CITY OF DOWNEY
1
f. Changes in deposition or erosion of beach
sands, or changes in siltation, deposition or
erosion which may modify the channel of a
river, stream, or bed of the ocean or any
bay, inlet or lake?
g. Exposure of people or property to geologic
hazards such as earthquakes, landslides,
mudslides, ground failure, or similar
hazards?
2. Air. Will the proposal result in:
a. Substantial air emissions or deterioration
of ambient air quality?
b. The creation of objectionable odors?
c. Alteration of air movement, moisture, or
temperature, or any change in climate,
either locally or regionally?
3. Water. Will the proposal result in:
a. Changes in currents, or the course of
direction of water movements, in either
marine or fresh waters?
b. Changes in absorption rates, drainage
patterns, or the rate and amount of
surface runoff?
c. Alterations to the course or flow of
flood waters?
d. Change in the amount of surface water in
any water body?
e. Discharge into surface waters, or in any
alteration of surface water quality,
including but not limited to temperature,
dissolved oxygen or turbidity?
f. Alterations of the direction or rate of
flow of ground waters?
2
Yes Maybe No
-X-
-X—
X--
X-
-L.
CITY OF DOWNEY -
g. Change in the quantity of ground waters,
either through direct additions or with-
drawals, or through interception of an
aquifier by cuts or excavations?
h. Substantial reduction in the amount of
water otherwise available for public
water supplies?
i. Exposure of people or property to water
related hazards such as flooding or tidal
waves?
4. Plant Life. Will the proposal result in:
a. Change in the diversity of species, or
number of any species of plants (including
trees, shrubs, grass, crops, and aquatic
plants)?
b. Reduction of the numbers of any unique, rare
or endangered species of plants?
c. Introduction of new species of plants into
an area, or in a barrier to the normal
replenishment of existing species?
d. Reduction in acreage of any agricultural
crop?
* Will the loss of existing vegetation be
adequately compensated for by conventional
project landscaping? YFS
5. Animal Life. Will the proposal result in:
a. Change in the diversity of•species, or
numbers of any species of animals (birds,
land animals including reptiles, fish and
shell -fish, benthic organisms or insects)?
b. Reduction of the numbers of any unique,
rare or endangered species of animals?
c. Introduction of new species, of animals
into an area, or result in a barrier to the
migration or movement of animals?
3
Yes Maybe No
* *
1
CITY OF DOWNEY-
3
d. Deterioration to existing fish or wildlife
habitat?
6. Noise. Will the proposal result in:
a. Increase in existing noise levels?
b. Exposure of people to severe noise levels?
7. Light and Glare. Will the proposal produce
new light or glare?
8. Land Use. Will the proposal result in:
a. Substantial alteration of the present or
planned land use of an area?
b. Will the project have a substantial impact
on surrounding land uses?
* Is the project consistent with the General
Plan Land Use designation and zoning
requirements? YES
9. Natural Resources. Will the proposal result in:
a. Increase in the rate of use of any natural
resources?
10. Risk of Upset. Will the proposal involve:
a. A risk of an explosion or the release of
hazardous substances (including, but not
limited to, oil, pesticides, chemicals or
radiation) in the event of an accident or
upset conditions?
b. Possible interference with an emergency
response plan or an emergency evacuation
plan?
11. Population. Will the proposal alter the location,
distribution, density, or growth rate of the
human population of an area?
* Estimated population displaced:
* Population Anticipated: n
4
0
Yes Maybe No
X
X
X
* * X
CITY OF DOWNEY -
12. Housing. Will the proposal affect existing
housing, or create a demand for additional
housing?
* Housing Units lost: 0
* Housing Units proposed: 0
13. Transportation /Circulation. Will the proposal
result in:
a. Generation of substantial additional
vehicular movement?
b. Effects on existing parking facilities, or
demand for new parking?
1L.
f. Increase in traffic hazards to motor vehicles,
bicyclists or pedestrians? X
c. Substantial impact upon existing transpor-
tation systems?
d. Alterations to present patterns of circula-
tion or movement of people and /or goods?
e. Alterations to waterborne, rail or air
traffic?
* Anticipated traffic generation: n
vehicle trip ends daily.
14. Public Services. Will the proposal have an
effect upon, or result in a need for new or
altered governmental services in any of the
following areas:
a. Fire Protection?
b. Police Protection?
c. Schools?
d. Parks or other recreational facilities
e. Maintenance of public facilities,
including roads?
f. Other governmental services?
5
Yes Maybe No
* *
CITY OF DOWNEY
15. Energy. Will the proposal result in a
substantial increase in the use of an energy
source or require the development of new
sources of energy?
16. Utilities. Will the proposal result in a
need for new systems, or substantial alter-
ations to existing utilities?
17. Human Health. Will the proposal result in:
a. Creation of any health hazard or potential
health hazard (excluding mental health)?
b. Exposure of people to potential health
hazards?
18. Aesthetics. Will the proposal result in the
obstruction of any scenic vista or view open to
to the public, or will the proposal result in
the creation of an aesthetically offensive site
open to public view?
19. Recreation. Will the proposal result in an
impact upon the quality or quantity of existing
recreational opportunities?
20. Cultural Resources.
a. Will the proposal result in the alteration
of our the destruction of a prehistoric or
historic archaeological site?
b. Will the proposal result in adverse physical
or aesthetic effects to a prehistoric or
historic building, structure, or object?
c. Does the proposal have the potential to
cause a physical change which would affect
unique ethnic cultural values?
d. Will the proposal restrict existing religious
or sacred uses within the potential impact
area?
Yes Maybe No
CITY OF DOWNEY
1 Does the project have the potential to degrade
the quality of the environment, substantially
reduce the habitat of a fish or wildlife
— species, cause a fish or wildlife population
to drop below self sustaining levels, threaten
to eliminate a plant or animal community,
reduce the number or restrict the range of a
rare or endangered plant or animal or eliminate
important examples of the major periods of
California history or prehistoric?
2. Does the project have the potential to achieve
short -term, to the disadvantage of a long -term,
environmental goals? (A short -term imapct on
the environment is one which occurs in a rela-
tivey brief, definitive period of time while
long -term impacts will endure well into the
future.)
III. MANDATORY FINDINGS OF SIGNIFICANCE.
3. Does the project have impacts which are
individually limited, but cumulatively con-
siderable? (A project may impact on two or
more separate resources where the impact on
each resource is relatively small, but where
the effect of the total of those impacts on
the environment is significant.)
4. Does the project have environmental effects
— which will cause substantial adverse effects on
human beings, either directly or indirectly?
IY. DISCUSSION OF ENYIRONENTAL EVALUATION
Please see attached discussion.
Yes Maybe No
X
X
X
X
CITY OF DOWNEY
t
Y. DETERMINATION
Date
On the basis of this Initial Study:
I find that the proposed project COULD NOT have a significant effect on
the environment, and a NEGATIVE DECLARATION will be prepared.
I find that although the proposed project could have a significant effect —
on the environment, there will not be a significant effect in this case
because the mitigation measures described on an attached sheet have been
added to the project. A NEGATIVE DECLARATION WILL BE PREPARED.
I find the proposed project MAY have a significant effect on the
environment and an ENVIRONMENTAL IMPACT REPORT IS REQUIRED.
MARCH 11, 1991
VI. OTHER AGENCIES AND /OR PERSONS CONSULTED:
City of Downey Community Services division
City of Downey Public Works division
Signature 67`
8
CITY OF DOWNEY -
IV. DISCUSSION OF ENVIRONMENTAL EVALUATION /INITIAL STUDY
RESPONSES
1. Earth
The following sections discuss the Yes, Maybe, and No responses given in the
Initial Study Checklist prepared for General Plan Amendment No. 91- the Open
Space /Recreation Chapter of the Downey General Plan.
a. This project would not result in unstable earth conditions or in changes in
geologic substructures. The Open Space /Recreation Chapter of the Downey
General Plan strives to preserve open space that exists in the community
and possibly develop more open space. No development of any particular
property is being proposed.
b. There will be no disruptions, displacements, compaction or overcovering of
soils resulting from this General Plan Amendment. No specific development
is being proposed.
c. Modifications to the earth surface will not occur. Therefore, no major
alterations to the topography or ground surface relief features are anticipated
to occur.
d. Since there are no known unique geologic or physical features affected by
this General Plan Amendment, the project would not result in the
-- destruction, covering or modification of unique geologic or physical features.
e. With the adoption of this General Plan Amendment there will be no increase
in wind or water erosion of soils on or off the site. There is no development
proposed.
f. Since rivers in Downey have concrete beds and levees, this General Plan
Amendment will not result in changes to any of these features.
g.
No geologic or seismic hazards are known to exist in Downey or within the
immediate vicinity, this General Plan Chapter will not result in exposure of
people or property to geologic or seismic hazards.
2. Air
3. Water
a. Activities associated with the Open Space /Recreation Chapter will not result
in substantial air emissions or deterioration of ambient air quality.
b. The proposed Open Space /Recreation Chapter is not expected to produce
objectionable odors. Recreational activities typically do not produce these
types of odors.
c. The proposed General Plan Chapter is not of the scope of magnitude to
affect the climate or regional and local air temperatures.
a. There are no marine waters in Downey. Fresh water movement, such as the
river channels, is not affected by this chapter; therefore there is no change
in current or the course of direction of such water bodies.
b. There is no paving required in this Open Space /Recreation Chapter; therefore
there will be no change in absorption rates, drainage patterns or the rate and
amount of surface water runoff.
c. The adoption of the proposed Chapter is not of the magnitude or scope to
alter the course of flood waters.
d. There will be no change in the amount of surface water in any water body
in Downey as a result of the proposed Open Space /Recreation Chapter.
e. There will be no discharge into surface waters or alteration of surface water
quality because no development is proposed.
f. Again, there will be no alteration of the direction or rate of flow of ground
waters because no development is proposed with the proposed Open
Space /Recreation Chapter.
g.
One of the policies in the Open Space /Recreation Chapter requires that the
City modify its current and future facilities for the use of reclaimed water.
If groundwater use is reduced, there might be a reduction in groundwater
withdrawals, which would be a benefit to the environment.
Open Space /Recreation Initial Study
Page 2
h. The proposed Open Space /Recreation Chapter would not cause any
substantial reduction in the amount of water otherwise available for the
public water supply. One of the policies requires the use of reclaimed water
for public park facilities. This would leave additional water available for
public consumption and use.
i. No flood hazards are anticipated as a result of the proposed policies of the
Open Space /Recreation Chapter.
4. Plant Life
a. Because one of the Chapter's policies calls for the upgrade of existing parks,
some additional trees may be planted to accomplish the policy, however, it
is not anticipated that these additional trees will be detrimental to the city's
surroundings.
b. Two of the Chapter's policies deal with the preservation of unique, rare or
endangered species of plants. The City shall work with property owners to
preserve significant historical resources and the City shall develop a process
for identifying significant historical resources. Historical resources include
rare and unique trees, therefore the number of unique or significant trees will
not be reduced.
c. Any additional trees that may be planted to refurbish park areas would not
present a barrier to the normal replenishment of existing species.
d. The few agricultural crops remaining in Downey would not be reduced by
the policies of this Chapter.
5. Animal Life
a. The policies in the Open Space /Recreation Chapter have no bearing on the
diversity of species, or numbers of any species of animals.
b. No rare or endangered species of animals have been identified in Downey.
Therefore, this Open Space /Recreation Chapter could have no effect on any
endangered species of animals.
c. The introduction of new animal species will not be a part of this General Plan
Chapter, and the proposed policies would not result in a barrier to the
migration of movement of animals.
Open Space/Recreation Initial Study
Page 3
6. Noise
d. Since there are no known existing fish or wildlife habitats in Downey, the
proposed policies in the Open Space /Recreation Chapter could not
deteriorate any of these habitats.
a. The policies in the Open Space /Recreation Chapter primarily deal with the
preservation and better use of open space and recreational areas within the
city. These policies would not increase existing noise levels.
b. Again, because the policies of this chapter deal primarily with the
preservation of open space, there would be no exposure of people to severe
noise levels.
7. Liaht and Glare
8. Land Use
The policies of the Open Space /Recreation Chapter do not propose any new
Tight source. Surface glare could be reduced by any additional trees that
may be added to our existing parklands.
a. The proposed policies in this chapter will not substantially alter the existing
land use or cause a substantial impact to surrounding land uses. One of the
policies calls for setting aside various developed areas, specifically
manufacturing areas, to open space. Another policy calls for the
preservation of certain portions of school land as open space if the land is
to be developed with uses other than a school. Both of these policies will
require future ordinances be adopted before implementation. Specific
impacts due to the the possible land use changes would be addressed at
that time.
b. The policies of the Open Space /Recreation Chapter could have a beneficial
impact on surrounding land uses because they require the preservation and
rehabilitation of existing open space and recreational areas. Some of the
policies may even slightly increase the total amount of open space in the city
and this would be desirable to the community. The proposed chapter is
consistent with the General Plan Land Use designations and zoning
requirements.
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9. Natural Resources
10. Risk of Uoset
The Open Space /Recreation Chapter of the General Plan proposes the
conservation of open space areas and would not increase the rate of use of
any natural resources.
a. Because no development is being proposed, there will be no risk of explosion
or the release of hazardous substance in the event of an accident or upset
conditions.
b. Due to the nature, and scope of the proposed policies of this Open
Space /Recreation Chapter, emergency response or emergency evacuation
plans will not be affected.
11. Population
12. Housina
The Open Space /Recreation Chapter will not result in the displacement of
any residents, or alter the location, distribution, density or growth rate of
the human population of an area. It deals only with the preservation of open
space and the rehabilitation of recreational areas.
Approving the proposed application would not impact existing dwelling units
nor would it produce a demand for additional units, since this chapter's
policies will seek to preserve existing open space areas and would not be
changing any housing areas into recreational areas.
13. Transoortation /Circulation
a. The project will not generate a substantial amount of traffic as no new
development is being proposed. The Open Space /Recreation Chapter seeks
to preserve open space and will not create new developments.
b. The proposed chapter would not create a need for new parking areas and
would have no effect on existing parking facilities because no development
is being proposed.
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c. There will be no substantial impact upon existing transportation systems
because the chapter does not propose any new development. Existing parks
will be rehabilitated.
d. There will be no substantial alteration to present patterns of circulation as
a result of the policies of this Open Space /Recreation Chapter. No new park
areas are being proposed, only the rehabilitation and preservation of existing
recreational areas.
e. There is no waterborne, rail or air traffic associated with the proposed Open
Space /Recreation Chapter.
f. There will be no increase in the amount of traffic in Downey as a result of
the policies of the chapter, therefore there will be no increase in traffic
hazards to motor vehicles, bicyclists or pedestrians.
14. Public Services
a. The Open Space /Recreation Chapter would not require the need for
additional fire protection personnel or fire protection resources because no
new development is being proposed.
b. The adoption of the policies in this chapter would not require the need for
additional police protection personnel in Downey, nor would it place a
demand on existing police resources because no new park facilities are being
proposed. The demand for police protection personnel should remain the
same.
c. This chapter would not create a need for new schools, in fact, it would
serve to protect existing schools because one of the policies call for
preserving a certain portion of each public school property as open space
in the case that any existing schools might be developed for another use.
d. Parks and other recreational facilities will benefit from the policies in this
chapter. Several policies call for rehabilitation of existing park areas to
provide additional recreational facilities for the community as they are
warranted.
e. The policies in the Open Space /Recreation Chapter call for the continued
maintenance and rehabilitation of the city's park areas, which will benefit
the community.
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f. This chapter will not result in an increased need for any new governmental
facilities.
15. Energy
16. Utilities
17. Human Health
The Open Space /Recreation Chapter will not result in a substantial increase
in the use of any energy source or require the development of any new
sources of energy because no new development that would utilize energy
sources is being proposed.
The proposed chapter will not result in a need for new systems or
substantial alterations to existing utilities because no new development is
called for.
a. One of the policies in the Open Space /Recreation Chapter calls for the
monitoring of the abandoned landfill at Rio San Gabriel Park. This will serve
to protect Downey citizens from any health hazards that may have occurred
if the location were not monitored.
b. Humans will not be exposed to health hazards as a result of the policies in
the Open Space /Recreation Chapter. The chapter is of a nonhazardous
nature.
18. Aesthetics
The rehabilitation and preservation of open space in the City of Downey will
improve the aesthetics of the city and create scenic vistas.
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•
19. Recreation
20. Cultural Resources
The policies contained in the Open Space /Recreation Chapter would improve
the quality and quantity of existing recreational opportunities. If a need is
found, policies call for a full- service senior's center a gymnasium and a bike
trail along the railroad right -of -way. Existing recreational areas are to be
rehabilitated and a park in the downtown area shall be developed. All of
these proposed policies would serve to improve the quantity and quality of
the city's recreational opportunities.
a. Several of the policies in the Open Space /Recreation Chapter will promote
the preservation of significant historical resources. The chapter would not
result in the alteration or destruction of a prehistoric or historic
archaeological site.
b. See 20a.
c. The Open Space /Recreation Chapter would help preserve cultural values
because significant historical resources would be identified and preserved.
d. The proposed policies in this chapter would not restrict existing religious or
sacred uses within the city.
III. Mandatory Findinas of Sianificance
1. The Open Space /Recreation Chapter will benefit the environment by
preserving and rehabilitating open space and recreational areas and
preserving significant historical resources within the city. The chapter will
not substantially reduce the habitat of a fish or wildlife species, cause a fish
or wildlife population to drop below self- sustaining levels, threaten to
eliminate a plant or animal community or reduce the number or restrict the
range of a rare or endangered plant or animal because there are no
endangered plant or animal habitats within this built -out community.
2. The proposed policies of the Open Space /Recreation Chapter are long -term
environmental goals that will preserve open space within the City of Downey
and are designed to endure well into the future.
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3. The policies of the Open Space /Recreation Chapter have impacts that
cumulatively will have a significant beneficial effect on the environment.
4. The policies of this chapter will not have environmental effects which will
cause substantial adverse effects on human beings either directly or
indirectly.
•
IV. DISCUSSION OF ENVIRONMENTAL EVALUATION
The proposed policies of the Open Space /Recreation Chapter of Downey's General Plan
will have a beneficial impact on the environment:
• Parks, public schools, golf courses, etc. will be preserved;
• Existing recreation facilities and parks will be upgraded;
• Current and future facilities will be modified for the use of reclaimed water;
• A bike trail shall be developed on the railroad right -of -way to Zink the existing
bike trails along the river beds;
• Handicap accessible facilities shall be provided at all parks;
• A Downtown park shall be developed;
• Incentives will be offered to property owners to preserve significant
historical resources;
• An historical resource survey will be conducted to identify significant
historical resources.
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