Fremont City Council Meeting: 05/20/25 07:00 PM
3300 Capitol Avenue Div/Dept: Community Services
Fremont, CA 94538 Category: Property Acquisitions & Dispositions
SCHEDULED
Sponsors:
COUNCIL STAFF REPORT (ID # 5419) DOC ID: 5419 D
Updated: 5/16/2025 11:04 AM by Dina Lewis D Page 1
ACQUISITION OF LAND AND ADMINISTRATIVE CHANGE TO LAND ACQUISITION MANUAL OF THE PARKS AND RECREATION MASTER PLAN - Adopt a Resolution authorizing the City Manager or her designee to execute an Agreement to Purchase the Property Located at Fremont Blvd. & St. Leonards Way, APN 525- 802-33-3, in the amount of $800,000 and making certain findings; and Approval of an administrative change to the Land Acquisition Manual of the Parks and Recreation Master Plan; and Find that the actions are exempt from CEQA per CEQA Guidelines Sections 15183, 15004, 15061(b)(3), and 15378.
Contact Persons:
Name: Kim Beranek Ian Champeny
Title: Community Services Director Real Property Agent
Div/Dept: Community Services Public Works
Phone: 510-494-4330 510-494-4759
E-Mail: [email protected] [email protected]
Executive Summary: The purpose of this report is to recommend: 1) City Council adoption of a resolution authorizing the purchase of the 1.1-acre property located at Fremont Boulevard and Saint Leonards Way, APN 525-802-33-3 (“Property”) Exhibits 1 and 3, which is privately owned by the Roman Catholic Welfare Corporation of Oakland, also known as the Diocese of Oakland (“Owner”), and 2) request an administrative change to the language in the Land Acquisition Manual of the Parks and Recreation Master Plan to expedite parkland acquisition by allowing City Council consideration of parkland acquisition without the requirement of Recreation Commission review. The acquisition of the Property is necessary for the development of a future park in support of the Parks and Recreation Master Plan.
BACKGROUND: In 2022, the City of Fremont completed a comprehensive Parks and Recreation Master Plan that included a Parkland Acquisition Manual (Manual) describing key attributes and necessities to meet the needs of residents. Criteria were identified in the Master Plan, including park size, 10-minute walk to park access for all, connection to trails, and equity areas.
In 2023, a commercial real estate consultant was hired to collect market data, and locate, evaluate, and report on potential sites which could be purchased for parkland (for possible future development). Target acquisition sites were identified by priority. According to the report, the Property at Fremont Blvd. and St. Leonards Way was identified as a High Priority target site, which would provide 3,519 residents new access to a park within a 10-minute walking distance from their homes. A further positive attribute of the Property is its adjacent location to the SFPUC “Hetch Hetchy” property, which potentially provides complementary park and trail use through a possible future partnership with SFPUC.
DISCUSSION/ANALYSIS: Since May 2024, City staff have been communicating with the Owner and Owner’s representatives regarding the City’s interest in acquiring this Property.
In February 2025, the City became aware that the property was available for purchase and entered into negotiations with the Owner. As a result of said negotiations, City staff recommends that the City Council authorizes the City Manager to execute a Purchase and Council Staff Report (ID # 5419) Meeting of May 20, 2025 Updated: 5/16/2025 11:04 AM by Dina Lewis D Page 2
Sale Agreement for the Property in the amount of $800,000 with the Owner. The transaction would also include a “Right Of First Offer” for the City to purchase the adjacent improved real property identified as Assessor Parcel Number 525-0802-070-00 subject to certain conditions. This right will enable the City to have the first opportunity to make an offer to purchase the Owner’s adjacent property which could potentially result in a larger park.
City staff has made substantial progress in its due diligence investigations on the site, including property and title research, appraisal, and Phase I Environmental Site Assessment (ESA), and to date the investigations have disclosed no characteristics of the site that would preclude the development of a park on the Property.
City staff has negotiated terms for the purchase of the Property to include the following easements:
1. Road Easement - A 20’ easement at the private St Leonards Way road which traverses the site from the southern end at the Fremont Boulevard frontage road, north to the adjacent 7-acre property belonging to the Owner. The road and existing gate across the road located on SFPUC property will be maintained by the Owner until the City develops the park at a future date. Once the City develops the Property, the City will redevelop the private road into an emergency vehicle access road with an EVA-appropriate gate. The City will then take over maintenance of the easement as part of the park.
2. Playground Easement – Use of a small triangular-shaped portion of the existing blacktop at the northeast corner of the Property by the Owner as part of their playground and parking lot for as long as the Owner’s Property is used as a church or school or until the adjacent property is sold. The easement will also terminate if the Owner removes the pavement and fence.
The proposed purchase of the Property as parkland is subject to evaluation for alignment with the goals of the City’s General Plan, the criteria for the selection of park sites as identified in the Parks and Recreation Master Plan, and other City policies.
Conformance with City Policies
The proposed purchase of the Property is aligned with City goals and policies and will not conflict with any applicable land use plan, policy, or regulation of the General Plan or the Parks and Recreation Master Plan.
Following the purchase of the Property as parkland, the City may choose to move forward with design and development of the land at a future date.
General Plan Goals/Policies
The following General Plan goals and policies are applicable to the purchase of parkland:
• Goal 2-1: City form and structure
o Policy 2-1.4: Neighborhoods with safe and convenient access to services, schools and parks
• Goal 2-2: Directing change to ensure continued availability of public services, and also protects the natural environment.
o Policy 2-2.12: Land banking to utilize vacant or underutilized land for long term Council Staff Report (ID # 5419) Meeting of May 20, 2025 Updated: 5/16/2025 11:04 AM by Dina Lewis D Page 3
development of public facilities, parks and other uses for the public benefit. • Goal 2-3: Complete Neighborhoods
o Policy 2-3.7: Green neighborhoods that integrate open space, parks, trees and natural features into Fremont’s neighborhoods to enhance their visual quality and improve access to nature and recreation.
• Goal 2-6: Open Space
o Policy 2-6.4: Parks should be recognized as fundamental to Fremont’s quality of life and should be carefully managed to create balance between passive and active open space.
Parks and Recreation Element of the General Plan Goals/Policies • Goal 8-1: A wide Range of Parks and Recreational Facilities o Policy 8-1.1: Parks and Recreational Facility Guidelines to develop parks and recreation facilities consistent with the standards and guidelines in the General Plan and the Parks and Recreation Master Plan.
o Policy 8-1.3: Standards for New Parks and Recreation Facilities to acquire and develop new park lands and recreational facilities consistent with City standards.
Parks and Recreation Element of the General Plan Implementation Actions • Implementation 8-1.3.C: Land banking to consider purchasing land or accepting land dedication suitable for future park and recreational uses when the land becomes available (“land banking”), even if there are insufficient funds to develop and maintain facilities at the time.
Analysis: The purchase of the Property would provide parkland at Fremont Boulevard and St. Leonards Way, immediately adjacent to the East-West Hetch Hetchy corridor and within a 10-minute walk for at least 3,519 residents. Purchase of this land also banks and avails it to the long-term planning and development of a park, including potential grants for parkland development.
Parks and Recreation Master Plan (Master Plan) – Criteria for Park Site Selection:
The Parks and Recreation Master Plan’s Parkland Acquisition Manual describes fourteen criteria for site selection of parkland. The criteria are outlined below, followed by Staff analysis.
1. Physical Configuration: Parcels under consideration must be able to accommodate the proper siting of the appropriate facilities intended for those park types, along with space for support facilities, circulation, and safety zones.
Analysis: The Property’s land visually appears as a flat, natural, undeveloped space with primarily grasses, some shrubs, and small trees at the perimeter. It appears to be able to host a range of passive or active recreational improvements within the guidelines of development standards for Neighborhood Parks defined in the Master Plan. St. Leonards Way, a private asphalt road, traverses the site and connects the Fremont Boulevard frontage road to the Church parking lot, and northwest to Condon Street.
2. Topography: Parcels under consideration should have average slope gradients no greater than five percent, to provide flat, usable recreation spaces. Limited areas of greater slopes may be acceptable as natural or open space areas.
Analysis: The Property is generally flat, providing ideal topography for future recreational use and development to the City standards for Neighborhood Parks.
Council Staff Report (ID # 5419) Meeting of May 20, 2025 Updated: 5/16/2025 11:04 AM by Dina Lewis D Page 4
3. Encumbrances: Feasibility of parcel acquisition for recreation use must consider any encumbrances and restrictions, such as dedicated easements, power lines, and geologic hazard zones.
Analysis: The site includes no restrictions, easements, power lines, or geologic hazard zones that would preclude recreational use or park development. No power lines are situated on the site. An easement over the road and a portion of the adjacent blacktop basketball court would not preclude recreational use or park development. These easements would be incorporated into the park design.
4. Access: Pedestrian, bicycle, and vehicular access to proposed parkland must be accommodated in a safe manner.
Analysis: The site has good access from all angles from a local and citywide perspective.
Primary vehicular access to the site is from the Fremont Boulevard frontage road, connecting northeast to St. Leonards Way. The frontage is improved with sidewalk, curb, and gutter making it easily accessible and connected to pedestrian and bicycle traffic.
5. Environmental Constraints: Parcels under consideration should be evaluated for presence of hazardous materials, unsafe environmental conditions, sensitive environmental conditions, and other factors, such as wetlands, flood plains, etc. that might limit development of the parkland.
Analysis: No knowledge of use of hazardous materials or unsafe environmental condition on this site exists. A Phase I Environmental Site Assessment, provided by the Seller, has shown no hazardous materials or unsafe environmental conditions on site. As part of its due diligence, the City conducted its own Phase I Environmental Site Assessment, which concurs that no hazardous materials or unsafe environmental conditions are evident on site. Any future park development proposal will be accompanied with a detailed review of site conditions, an analysis for substances incompatible with a public park, and recommended on-site mitigations if applicable.
6. Compatibility with Surrounding Land Uses: Compatibility of the activities and functions of the proposed park with surrounding land uses must be evaluated.
Analysis: Existing land uses adjacent to the site include the following:
To the north: A 7-acre site of the Our Lady of Guadalupe School, owned by the same Owner of the subject Property, the Roman Catholic Welfare Corporation of Oakland.
To the south: Fremont Boulevard frontage road, Fremont Boulevard, residential single- family homes.
To the east: Residential single-family homes.
To the west: Residential single-family homes.
Purchase of the Property for parkland would be compatible with surrounding land uses by serving the surrounding residences with a public park.
7. Maintenance Impacts: Potential impacts on maintenance of park property due to unique physical characteristics of land, such as unusual shape or small size should be evaluated to discourage maintenance impacts disproportionate to their value to the park system.
Analysis: The size, shape, and general physical characteristics of the proposed parkland would not create maintenance impacts disproportionate to the benefit provided to the community. Maintenance of the Property would be similar to the City’s other undeveloped parkland properties.
Council Staff Report (ID # 5419) Meeting of May 20, 2025 Updated: 5/16/2025 11:04 AM by Dina Lewis D Page 5
8. Recreation Commission Review: Parcels under consideration must be reviewed by the Recreation Commission. The Recreation Commission will review and make recommendations on proposed parkland according to the goals, standards, and guidelines of the Parks and Recreation Master Plan, including physical, economic, and recreation considerations.
Analysis: An administrative change to this criteria is being requested and is included as Recommendation #3 with additional supporting information included in the last paragraph of this Discussion/Analysis section.
9. Capital Improvements, Operations, and Supervision Costs: Costs associated with capital improvements, operations, maintenance, and supervision requirements for proposed parks must be considered prior to acquisition and development of parkland and recreation facilities.
Analysis: There are currently no plans for capital improvement of the Property. The future development of this land could be funded with Park Facilities Development Impact fees, which are intended for this purpose. All public utilities (electric, water, storm drainage, and sanitary sewer) appear to be available to the site. The actual costs of capital improvements, operations, supervision, and maintenance would be considered at the time of design development through the City’s standard operational and capital budget processes.
10. Location: The parcels being considered for new parks should be located in “high-needs” areas of the City, as determined by the gap analysis, to ensure equitable access to park land within a 10-minute walking distance from residential neighborhoods.
Analysis: Acquisition of this Property would bring a public park to the immediately adjacent neighborhood, providing a 10-minute (or less) walk to 3,519 residents to the north, south, east, and west.
11. Current Use of the Property: Parcels should be evaluated for current use to determine cost of acquisition and development of parkland. For example, vacant parcels, underdeveloped parcels (those that are not developed up to allowable land use standards), and school sites with excess lands may be more suitable for park land use.
Analysis: As an extension and frontage to the adjacent Church property, this portion of the Property is currently undeveloped, with the exception of the church’s sign (which will be removed following purchase) and the St. Leonards Way asphalt road.
12. Minimum Parcel Size: The parcel(s) under consideration should be a minimum aggregate size of 4 acres. Park classifications established in the 2022 Parks and Recreation Master Plan will guide the appropriate parcel size to address the intended level of service, which may be less than 4 acres on a case-by-case basis.
Analysis: The 1.1 acre Property size is smaller than 4 acres, however, it may be used in conjunction with other adjacent land in the future.
13. Connectivity: Potential Park sites should have good visibility from public streets and public lands to ensure safety. They should be connected to the city-wide trail system, existing and planned bike network, and key city-wide connecting streets; connectivity to transit hubs, commercial centers, schools, places of worship, and other parks should also be taken into consideration.
Analysis: The Property has excellent visibility from public streets, as it fronts Fremont Boulevard. An existing sidewalk traverses the site along the Fremont Boulevard frontage Council Staff Report (ID # 5419) Meeting of May 20, 2025 Updated: 5/16/2025 11:04 AM by Dina Lewis D Page 6
road, connecting pedestrians from Fremont Boulevard to the Property. The Property is immediately adjacent to a place of worship.
14. Ability to Leverage a Variety of Funding Sources for Acquisition: Some park sites may have a greater ability to leverage funding from grants administered by federal or state agencies or other funding.
Analysis: The acquisition of this Property as parkland would enhance the City’s ability to apply for park-related grant funding for development of the site with park facilities.
In support of the purchase, the City’s Planning Division prepared a General Plan Conformity Finding letter as required by Government Code 65402 and attached as Exhibit 2.
In March 2025, the City and Owner entered into a Letter of Intent (LOI) for the purchase and sale of the Property, outlining agreed upon terms, subject to a formal Purchase and Sale Agreement.
Administrative Change to the Parks and Recreation Master Plan Appendix I: Land Acquisition Manual, Section 4.h, Recreation Commission Review: Section 4 of the Parks and Recreation Master Plan’s Parkland Acquisition Manual describes fourteen “Criteria for Site Selection” of parkland. Section 4.h, Recreation Commission Review, states that “Parcels under consideration must be reviewed and recommended by the Recreation Commission.” Over the last few years since the adoption of the Master Plan, staff have worked diligently to pursue parkland acquisition. However, Staff has found that real estate transactions move very quickly and are in the City’s best interest to negotiate confidentially at the Council level. For these reasons, a requirement for review by the Recreation Commission is not always compatible. A change in the language to “Parcels under consideration may be reviewed and recommended by the Recreation Commission” would allow for Recreation Commission review of potential parkland properties when time and circumstances allow, but would expedite City Council consideration when time is of the essence.
FISCAL IMPACT: Funds for the acquisition of the Property are available in Fund 542, the Parkland Acquisition Impact Fee Fund (Fund 542). A 20% contingency of $160,000 in addition to the purchase price would cover title, appraisal, environmental review, taxes, City staff time, and other fees. Staff recommends that the City Council appropriate $960,000 in Fund 542 to the Parkland Acquisition Project (PWC8311-542).
ENVIRONMENTAL REVIEW: The proposed project is categorically exempt from the California Environmental Quality Act (CEQA) per, without limitation, pursuant to CEQA Guidelines Section 15183, Projects Consistent with a Community Plan, General Plan, or Zoning. The General Plan designation of Low Density Residential and zoning of R-1-6 supports public uses such as parks and the project is consistent with the vision established in the existing zoning and general plan for which an EIR was certified.
On a separate and independent basis, the proposed acquisition does not consider immediate park development nor are any park development plans currently contemplated, and any future development is too speculative at this time for reasoned analysis. Any future park uses would be subject to environmental review when the plans are available, therefore the project is exempt from CEQA per CEQA Guidelines Section 15004, Time of Preparation.
Lastly, per CEQA Guidelines Section 15061(b)(3), the activity to acquire the Property is Council Staff Report (ID # 5419) Meeting of May 20, 2025 Updated: 5/16/2025 11:04 AM by Dina Lewis D Page 7
covered by the “common sense exemption” in that CEQA applies only to projects which have the potential for causing a significant effect on the environment. This action is also exempt from the California Environmental Quality Act under CEQA Guidelines Section 15378, not a project.
ATTACHMENTS:
• Draft Resolution- Purchase of land
• Exhibit 1 Aerial Saint Leonards Way
• Exhibit 2 - General Plan Conformity Letter from Planning • Exhibit 3 Assessors Map
RECOMMENDATIONS:
1. Adopt a resolution authorizing the City Manager, or designee, to execute a Purchase and Sale Agreement for the property, APN 525-802-33-3, at St. Leonards Way and Fremont Boulevard, and all other documents necessary to complete the acquisition of the Property.
2. Find that the Property, and its purchase, is in conformity with the City’s General Plan and also meets the criteria set forth in the Parks and Recreation Master Plan, Parkland Acquisition Manual of the City of Fremont.
3. Appropriate $960,000 in Fund 542 to the Parkland Acquisition Project (PWC8311-542).
4. Amend the Parks and Recreation Master Plan Appendix I, Land Acquisition Manual, Section 4.h, Recreation Commission Review, to state, “Parcels under consideration may be reviewed and recommended by the Recreation Commission.”
5. Find that the purchase of the Property is categorically exempt from the California Environmental Quality Act (CEQA), without limitation, pursuant to CEQA Guidelines Section 15183 (General Plan and Zoning Consistency), CEQA Guidelines Section 15004 (Time of Preparation), CEQA Guidelines Section 15061(b)(3) (Common Sense Exemption); and CEQA Guidelines Section 15378 (Not a Project).