CE
D Committee
May 28, 2024
AGENDA REPORT
TO: Jestin D. Johnson FROM: William A. Gilchrist
City Administrator Director, Planning and
Building Department
SUBJECT: Memorandum of Agreement for 183
Somerset Rd
DATE: April 29, 2024
City Administrator Approval Date:
RECOMMENDATION
S
taff Recommends That The City Council Adopt A Resolution Authorizing The City Administrator To Enter Into A Memorandum Of Agreement With The City Of Piedmont Establishing That The City Of Piedmont Will Process Planning and Building Entitlements For A Single Family Dwelling Remodel And Addition At 183 Somerset Rd, A Property Located Within Both Jurisdictions , And Adopting Appropriate California Environmental Quality Act Findings
EXECUTIVE SUMMARY
S
taff recommends that the City Council authorize the City Administrator to enter into a Memorandum of Agreement (MOA) with the City of Piedmont for a construction project that entails a remodel and addition at a single-family residence at 183 Somerset Rd (Property). The Property is located within both jurisdictions and the MOA will allow the City of Piedmont to act as the lead agency for the issuance of planning and building permits for the proposed development.
BACKGROUND / LEGISLATIVE HISTORY
Pr
operty Description
The Pr
operty located at 183 Somerset Rd consists of two lots, and four tax parcels (APN No. 048C718104900, 048C718105000 and 051482501700, 051482501800), that straddle the Piedmont/Oakland border. The legal description and assessor parcel map for the Property is provided as Attachment A. The Property is generally bounded by single- family properties;160- 190 Somerset Rd (Piedmont) across the street to the south, a single- family property at 135 Somerset Rd (Piedmont) to the west, a single- family property at 235 Somerset Rd (Oakland) to the east, and two single-family properties at 401 and 415 Pershing Dr (Oakland) to the north at the rear of the Property.
The P
roperty consists of 20,800 square feet (determined by a survey), with approximately 12,158 square feet (or 58 percent ) located in Oakland, and approximately 8,642 square feet (or 42 percent) located in Piedmont.
Jestin Johnson (May 15, 2024 18:40 PDT)
May 15, 2024
Jestin D. Johnson, City Administrator
Subject: Memorandum of Agreement for 183 Somerset Rd
Date: April 29, 2024 Page 2
CED Committee
May 28, 2024
When considering properties intersected by the border between the City of Piedmont and the City of Oakland, by long- standing precedent between the cities, certain properties which have vehicular and pedestrian access to Somerset Rd are considered Piedmont properties for the purposes of providing 911 emergency and other municipal services, and certain properties are considered Oakland properties for the purposes of providing 911 emergency and other municipal services. The Property is considered a Piedmont property eligible for Piedmont 911 emergency services, municipal waste removal services, access to the Piedmont Unified School District schools, and other municipal services. The neighboring residences which have vehicular and pedestrian access to Somerset Rd are also considered Piedmont properties for these same services.
The City Council has adopted several resolutions in the past allowing another jurisdiction to act as the lead agency for the issuance of planning and building permits, including for example, an Accessory Dwelling Unit at 1086 Annerley and demolition and new construction of a single-family residence at 30 Blair Place in 2019, both in the City of Piedmont.
Project
The project applicant seeks to construct a floor area addition to the existing residence and to reconstruct a swimming pool in the rear yard of a single- story, single-family home as shown in Attachment B (Project). Specifically, the scope of the Project consists of constructing a 769 square-foot addition, plus a new pool, landscaping, site walls, gate , walkways and fencing. The scope also includes a kitchen, family room, main entry and master suite remodel.
The majority of the existing home is located in Piedmont and fronts Somerset Road, but most of the proposed construction would take place in Oakland, including expanding the building footprint and associated site work.
ANALYSIS AND POLICY ALTERNATIVES
City of Oakland Zoning
Staff supports the request that the City of Oakland cede jurisdiction to the City of Piedmont , believing this advance the priorities of responsive, trustworthy government and holistic community safety. Ceding jurisdiction allows the City of Piedmont to continue dealing with permitting and also provision of 911 emergency and other municipal services at this property, as they have historically, without bureaucratic interruption.
The portion of the Prope rty located in Oakland is within the RH-4 Hillside Residential Zone and S-9 Fire Safety Protection Combining Zone (RH-4/S-9), per the Oakland Planning Code.
Staff has reviewed the proposal and found that if the Project were to be processed in Oakland, then it would be considered according to the Small Project Design Review - Track 1 procedures in Planning Code Section 17.136.030 in order to comply with Oakland’s land use regulations.
Jestin D. Johnson, City Administrator
Subject: Memorandum of Agreement for 183 Somerset Rd
Date: April 29, 2024 Page 3
CED Committee
May 28, 2024
Analysis
The project applicant has requested that all required permits for land use and building inspections be processed by the City of Piedmont. Staff supports this request for the following reasons:
• The City of Piedmont has historically dealt with permitting at the Property;
• The existing home is fronting on a street served exclusively by the City of Piedmont;
• The majority of the existing, 2,844 sq. ft. home’s footprint is located in Piedmont and only 209 sq. ft. of the proposed 769 square- foot addition is to be located in Oakl and, if approved;
• The expansion of the existing roof would not adversely affect the Oakland properties to the rear in terms of solar access or privacy as those buildings are over 130 feet away and buffered at the lot line by mature trees and vegetation;
• Piedmont uses the same State mandated building codes as Oakland; and
• Piedmont will provide the residence with 911 emergency services, municipal waste removal services, access to Piedmont Unified School District schools, and other municipal services.
In order to efficiently consider the Project, the Cities of Oakland and Piedmont desire to enter into an MOA to memorialize the designation of Piedmont as the lead agency for the purposes of both land use approvals and building inspection of the Project, including but not limited to issuance of building and occupancy permits, and the provision of 911 and other municipal services to the Project, consistent with the terms and conditions contained in the draft MOA (Attachment C) and to ensure that Oakland will not be negatively impacted by the proposal:
• Piedmont will be the lead agency for all land use approvals regarding the Project;
• Piedmont will be responsible for building permit issuance, plan check, issuance of certificates of occupancy, building inspections and similar activities for the entire P roject consistent with the appropriate procedures, fees, and standards of Piedmont;
• The Piedmont Fire Department will be responsible for the provision of emergency and public safety services to the P roperty, including those portions located in the City of Oakland; and
• Piedmont will continue to provide municipal waste removal services, access to the Piedmont Unified School District schools, and other municipal services to the Property.
Staff’s analysis of this site and of the proposed development located within both city jurisdictions supports the creation of the MOA between the City of Oakland and the City Of Piedmont to allow the City Of Piedmont to process the Planning and Building Entitlements for the rear floor area addition and new swimming pool at 183 Somerset Rd, a nd adopting appropriate California Environmental Quality Act (CEQA) findings.
Jestin D. Johnson, City Administrator
Subject: Memorandum of Agreement for 183 Somerset Rd
Date: April 29, 2024 Page 4
CED Committee
May 28, 2024
Policy Alternatives to Staff Recommendation
Alternative # 1 City Council declines staff’s recommendation and requires both planning and building permits to be submitted to and approved by the City of Oakland.
Pros
The City of Oakland would retain jurisdiction.
Cons
The applicant would not be supportive of this proposal as this would require them to process the application and pay permit fees to both jurisdictions for the same Project. The applicant would consider this onerous and time consuming, and contrary to the state’s goal of streamlining the permit process for housing projects.
Reason for not
recommending
The majority of the existing, 2,844 sq. ft. home’s footprint is located in Piedmont, and only 209 sq. ft. of the proposed 769 square-foot addition is to be located in Oakland, if approved. Going through a dual permitting process would be confusing not only for the applicant in terms of requirements, but also for staff in terms of permit authority, plan-check and inspections. Neighbors to the rear within the City of Oakland will not be adversely affected by the Project due to the distance between buildings and intervening mature vegetation.
Alternative #2 City Council declines staff’s recommendation and requires split jurisdiction during the permitting process for the Project, i.e., a planning permit would be processed in Oakland and building permits processed in Piedmont or vice versa.
Pros
The City of Oakland would retain partial jurisdiction.
Cons
This is inefficient, confusing, and is typically only done for larger , multi- family projects which would generate significant revenue in both cities.
Reason for not
recommending
The portion of the Project ’s addition in Oakland is only 209 sq. ft. Going through a bifurcated permitting process would be confusing for the applicant in terms of requirements, but also for staff where regulatory conflicts across jurisdictions may also be problematic. This option would require a more complicated MOA, inconsistent with the overall minor scope of the Project. Furthermore, as noted above, neighbors to the rear within the City of Oakland will not be adversely affected by the Project.
FISCAL IMPACT
Adoption of this resolution is expected to be revenue neutral. While fees would not be paid to the City, there would also be no cost to the City because Planning and Building D epartment staff would not work on the Project. Furthermore, there would be no ongoing impact on the City of Oakland’s municipal services for the property.
Jestin D. Johnson, City Administrator
Subject: Memorandum of Agreement for 183 Somerset Rd
Date: April 29, 2024 Page 5
CED Committee
May 28, 2024
PUBLIC OUTREACH / INTEREST
This item did not require any additional public outreach other than the required posting on the City’s website.
COORDINATION
The City Attorney’s Office and the City of Piedmont have worked closely with staff on the preparation of the MOA and have reviewed this staff report and resolution, as has the City’s Budget Bureau.
SUSTAINABLE OPPORTUNITIES
Economic: There are minimal economic opportunities associated with this Project. The Project is not anticipated to provide a significant number of construction jobs, and these may or may not be for Oakland workers. The Property will remain a single-family home with a minor expansion of floor area and footprint.
Environmental: The Project will be required to meet modern standards for energy efficiency and green building.
Race & Equity: There are no race and equity impacts associated with this Project. The Property will remain a single-family home with a minor expansion of floor area and footprint.
CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA)
CEQA Guidelines exempt specific types of projects from environmental review. The following is an analysis citing the two CEQA exemptions that apply to this Project, both of which provide a separate and independent basis for CEQA clearance.
• Section 15268 - Ministerial Projects: Section 15268(b) of the CEQA Guidelines states that ministerial projects such as the issuance of building permits are exempt from CEQA.
• Section 15301 – Existing Facilities: Section 15301(e) of the CEQA Guidelines states that additions to existing structures that will not result in an increase of more than 50 percent of the floor area of the structures before the addition, or 2,500 square feet, whichever is less, is exempt from CEQA.
ACTION REQUESTED OF THE CITY COUNCIL
Staff Recommends That The City Council Adopt A Resolution Authorizing The City Administrator To Enter Into A Memorandum Of Agreement With The City Of Piedmont Establishing that the City Of Piedmont Will Process Planning and Building Entitlements For A Rear Floor Area Addition And New Swimming Pool At 183 Somerset Rd, A Property Located Within Both Jurisdictions, And Adopting Appropriate California Environmental Quality Act Findings.
Jestin D. Johnson, City Administrator
Subject: Memorandum of Agreement for 183 Somerset Rd
Date: April 29, 2024 Page 6
CED Committee
May 28, 2024
For questions regarding this report, please contact Jamila Selby, Planner III, 510-238-2949.
Respectfully submitted,
WILLIAM A. GILCHRIST
Director, Planning & Building Department
Reviewed by:
Ed Manasse, Deputy Director
Bureau of Planning
Reviewed by:
Sarah Price, Planner IV
Bureau of Planning
Reviewed by:
Robert Merkamp, Zoning Manager
Bureau of Planning
Prepared by:
Jamila Selby, Planner III
Zoning Division, Bureau of Planning
Planning & Building Department
Attachments (3):
A. Property Legal Description
B. Project Plans
C. Memorandum of Agreement
EXHIBIT "A"
Legal Description
For APN/Parcel ID(s): 048C-7181-049-00, 048C-7181-050-00 and 051-4825-017-00, 051-4825-018-00
THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITIES OF PIEDMONT AND OAKLAND, COUNTY OF ALAMEDA, STATE OF CALIFORNIA AND IS DESCRIBED AS FOLLOWS:
LOTS 10 AND 11, AS SAID LOTS ARE SHOWN ON THE MAP OF THE "UPPER PIEDMONT ESTATES, PIEDMONT AND OAKLAND, CALIFORNIA'', FILED JUNE 28, 1928, IN BOOK 17 OF MAPS, PAGE 125, IN THE OFFICE OF THE COUNTY OF ALAMEDA.
CLTA Prellmlnaiy Report Ferm-Mocflflod (11.17.06)
SCAOOfl2402.doc f Updated: 05.18.18 3
Printed: 02.21.19@10:54 AM by
CA-SPS-1-19-FWAC-5851801855
Attachment A
BASEMENT (wo/ stairs)
EXISTING (E)PROPOSED (N)
513 sqft.
344 sqft.427 sqft.
GROUND FLOOR (w/ stairs)2,501 sqft.3,187 sqft.
SOMERSET ROAD
Architect: Julia Arria, A.I.A.
ODS Architecture
5895 Doyle Street
Emeryville, CA 94608
Tel. (510) 595-1300
Fax. (510) 595-1313
[email protected]
PROJECT DIRECTORY:
183 SOMERSET RD., PIEDMONT, CA 94611
ARCHITECTURAL
LIST OF DRAWINGS:
PROJECT DATA:VICINITY MAP:
PROJECT DESCRIPTION:
AREA CALC:
Zoning: RH-4
Parcel Number: 48C-7181-49 , 48C-7181-50 , 51-4825-17 , 51-4825-18 Address:183 Somerset road, Piedmont CA 94611
Lot Area: 20,146 sqft.
Occupancy Group: R-3
Construction Type: V-B
Flood Zone:NO
Fire Zone:NO
Liquefaction Hazard: YES - Severity 1
F.A.R.:9,065 sqft. max. (%45)
Lot Coverage:8,058 sqft. max. (%40)
Setbacks: Front: 20 ft.
Rear: 5 ft.
Side: 5 ft.
Height: 35 ft.
GUEST HOUSE (no work)
PROJECT
LOCATION
TRUE
NORTH
ADDITION
83 sqft.
686 sqft.
-
Owner: Melissa Lopez & Ricky Singh
183 Somerset Rd.
Piedmont, CA 94611
Surveyor: Brian Stockinger
BLS Surveying & Mapping
1531 Grandview Avenue
Martinez, CA 94553
(925) 451-1644
[email protected]
Geotech: Peter Mundy
Peters & Ross
114 Hopeco Rd.
Pleasant Hill, CA 94523
(925) 942-3629
[email protected]
Remodel of existing 2,844 square foot, one story single-family residence with 3 bedrooms and 3 bathrooms and a basement. Scope of work includes 769 square foot addition of conditioned space plus new pool, outdoor kitchen and trellis, new landscaping, new hardscape, and new gate & fencing.
There is a detached guest house and 2-car carport below, which are not in the scope of the work.
This is a dual jurisdiction property. All the previous permits of this property have been issued by the city of Piedmont, considering the history of the permits and the scope of the proposed work which is mainly on Piedmont side, we are requesting the city of Oakland to cede jurisdiction to the City of piedmont for the proposed renovation.
AC
AD
ADJ
AFF
BM
CAB
CL
CLR
CLO
CMU
COL
CONC
(D)
DBL
DIA
DIM
DISP
DS
(E)
ELEC
EQ
EXT
FAR
FD
FOC
FOF
FOP
FOS
GSM
GC
GFI (GFCI)
GWB
HB
HC
HT
HVAC
INT
MFR
MAX
MC
MECH
MIN
MTL
(N)
NIC
NTS
OC
OFCI
O/
PLAM
PT
PTD
RCP
RD
SASM
SC
SCD
SD
SHT
SLD
SMD
SP
SPEC
SS
SSD
STL
STRUCT
TB
TBD
TEMP
TP
TYP
UON
VIF
WC
WD
WH
W/O
WP
WRB
WUI
Asphaltic Concrete
Area Drain
Adjustable
Above Finished Floor
Beam
Cabinet
Center Line
Clear
Closet
Concrete Masonry Unit
Column
Concrete
Demo
Double
Diameter
Dimension
Dispenser
Downspout
Existing
Electrical
Equal
Exterior
Floor Area Ratio
Floor Drain
Face of Concrete
Face of Finish
Face of Plywood
Face of Stud
Galvanized Sheet Metal
General Contractor
Ground Fault (Circuit) Interrupter
Gypsum Wall Board
Hose Bib
Hollow Core
Height
Heating, Ventilation, Air Conditioning
Interior
Manufacturer
Maximum
Medicine Cabinet
Mechanical
Minimum
Metal
New
Not In Contract
Not To Scale
On Center
Owner Furnished Contractor Installed
Over
Plastic Laminate
Pressure Treated
Painted
Reflected Ceiling Plan
Roof Drain
Self Adhering Sheet Membrane
Solid Core
See Civil Drawings
Smoke Detector
Sheet
See Landscape Drawings
See Mechanical Drawings
Spaced
Specification
Stainless Steel
See Structural Drawings
Steel
Structural
Towel Bar
To Be Determined
Tempered
Toilet Paper Dispenser
Typical
Unless Otherwise Noted
Verify In Field
Water Closet
Wood
Water Heater
Without
Waterproof
Weather Resistant Barrier
Wildland Urban Interface
ABBREVIATIONS:
SYMBOLS:
A0.0
0Reference
Indicator
A0.0
0Detail
Indicator
Detail Number
Sheet Number
A0.0
0 Section
Direction
A0.0
0Exterior Elev.
Building Sec.
Elevation
Direction
Interior Elevation0
A0.0
1 2
3 4
Elevation
Direction
Elevation
References
#
A
#
1 Grid Lines
& Bubbles
Door Symbol
Window Symbol
Revision Cloud Revision
Number
Revision Area
Detail Area
Detail Indicator
(Section)
1 Structural: David Yadegar
SIMPLENGI
2341 Carleton St,
Berkeley, CA 94704
(415) 754-3644
[email protected]
179 sqft. DETACHED MECH./
STORAGE UNDER THE
GUEST HOUSE (no work)
-179 sqft.
513 sqft.
TOTAL PROPOSED FLOOR AREA
PROPOSED F.A.R.
CARPORT UNDER THE
GUEST HOUSE530 sqft.530 sqft.
- EXISTING (E)PROPOSED (N) ADDITION
DECK
-
67 sqft.-67 sqft.
TOTAL EXTERIOR COVERED AREA
TOTAL STRUCTURAL LOT COVERAGE
(4,306 sf / 20,146 sf ) X100 = 21%
4,306 sqft.
((4,306+597) sf / 20,146 sf ) X100 = 24%
597 sqft.
SHEET TITLE
OWNER:
Issues & RevisionsDate
NOT FOR CONSTRUCTION
O D S
ARCHITECTURE
5895 Doyle Street,
Emeryville, CA 94608
Tel. 510-595-1300
Fax 510-595-1313
www.odsarchitecture.com
Lopez-Singh
Residence
183 Somerset Road
Piedmont, CA 94611
Melissa Lopez & Ricky
Singh
183 Somerset Road,
Piedmont, CA 94611
415.269.2085
APN: 48C-7181-49
48C-7181-50
51-4825-17
51-4825-18
PRICING SET
A0
Cover Sheet
Cover Sheet
Site Survey
(D) Site Plan
(N) Site Plan
(E) & (N) Basement Floor Plan
(E) First Floor Plan
(N) First Floor Plan
(E) Roof Plan
(N) Roof Plan
(E) & (N) Exterior Elevations
(E) & (N) Exterior Elevations
(E) & (N) Exterior Elevations
(E) & (N) Exterior Elevations
(N) First Floor RCP
(N) First Floor Power Plan
Typical Interior Details
Typical Assemblies & Misc. Details
Exterior Details
Window Schedule
Door Schedule
Finish & Fixture Schedules
A0
-
A1.1
A1.2
A2.0
A2.1
A2.2
A2.3
A2.4
A3.1
A3.2
A3.3
A3.4
A5.1
A5.2
A7.1
A7.2
A7.3
A8.1
A8.2
A8.3
STRUCTURAL
Structural Notes, Symbol Legend, And Abbreviation
Typical Details
Typical Details
Typical Details
Basement Floor Framing And Foundation Plan
Main Floor Framing Plan
Roof Framing Plan
S0
S1.0
S1.1
S1.2
S2.0
S2.1
S2.2
Attachment B
RIGHT OF WAYdriveway
ES
end 7'redwoodfence
8" tree
CONCRETE CURB
CONCRETE CURB
PROPERTY LINERIGHT OF WAY
6"oak6"oak
12"oak
6"oak6"oak
6" oak6"oak
6"oak6"oak
16" oak
9"oak9"oak
9"willow
9"oak12"oak10"oak14"oak 9" oakmulti- trunk6"oak6"oak6"oak att vault
20"oak
E12"oak
9"oak
10"oak12"oak
12"multi-trunkj. maple
24"REDWOOD32"REDWOOD24"REDWOOD14"REDWOOD14"REDWOOD14"REDWOOD12"REDWOOD9"oak 9"oak
625630
620
615615
635640645650655
660
630
620
620
620625615610605600
615610605600615610
620615
SOMERSET ROAD
SOMERSET ROAD(50 FOOT RIGHT OF WAY)
GUTTERCONCRETE SIDEWALK
GUTTER
CONCRETE CURBGUTTERPROPERTY LINERIGHT OF WAY
6" oak6" oak6"oak6"oak
6" oak8" oak
SETBACK
SETBACK
SETBACK
SETBACK
SETBACK
12" multi-trunkj. maple
CITY OF OAKLANDCITY OF PIEDMONT
20'-0"FRONTSETBACK
5'-0"REARSETBACK
20'-0"SIDESETBACK
5'-0"SIDESETBACK
(E) MECH.ROOM(E) CARPORT
(E) POOL
F.P.(E) DECK(E) DECK
(E)STORAGE
(E)STORAGE
UPUPUP
UP
DNDN
19'-0"19'-1012" E15E2
E3E4
E4
E4E5E6
E7
E8 E9E10 E11E4
E12E13E14
E1
E16
EXISTING KEY NOTES:E1
NEW KEY NOTES:N1N2N3N4N5N6N7N8N9
LEGEND:(E) WALLS, WINDOWS, DOORS, RAILING, FIXTURES,FLOORING, TREES, SITE ELEMENTS TO BE REMOVEDDEMOLITION KEYNOTEEXISTING KEYNOTE(E) TREE TO BE REMOVED(E) TREE TO REMAIN (E) WALLS TO REMAIN(E) WALLS TO REMAINNEW KEYNOTE
SEE (E) HOUSE FLOOR PLAN(E) CARPORT/ GUEST HOUSE ABOVE - NO WORK(E) DRIVEWAY TO REMAIN(E)SITE WALL TO REMAIN(E) TREES TO REMAIN(E) SITE STAIRS TO REMAIN(E) GAS FIREPLACE TO REMAIN(E) WOOD DECK TO REMAIN(E) HARDSCAPE TO REMAIN(E) STEPPING STONES(E) FIRE-PIT TO REMAIN(E) HVAC UNIT(E)WOOD FENCE & GATE(E)RAMPPIEDMONT- OAKLAND CITY LIMIT BOUNDARY(E)WOOD BENCH E2E3E4E5E6E7E8E9E10E11E12E13E14E15E16SEE (N) HOUSE FLOOR PLAN(N) MAX. 6 FT. FENCE - VERTICAL WOOD SLATS(N) GATE(N) HARDSCAPE(N) LANDSCAPE(N) TRELLIS(N) POOL(N) SITE WALL(N) CABANA, SOLID ROOF(N) CABANA KITCHEN/ BAR, w/ BUILT-IN BBQ., SINK, U.C. REFRIGERATOR(N) ELECTRIC VEHICLE CHARGING STATION(N) GAS & ELECTRIC METERSN10N11N12 111
SHEET TITLE
OWNER:
Issues & RevisionsDateNOT FOR CONSTRUCTION
O D SARCHITECTURE5895 Doyle Street,Emeryville, CA 94608Tel. 510-595-1300Fax 510-595-1313www.odsarchitecture.com Lopez-SinghResidence183 Somerset RoadPiedmont, CA 94611Melissa Lopez & RickySingh183 Somerset Road,Piedmont, CA 94611415.269.2085APN: 48C-7181-49 48C-7181-50 51-4825-17 51-4825-18PRICING SETA1.1 (E) Site Plan
11/8" = 1'-0"(E) SITE PLANPROJECTNORTHTRUENORTH
625
630
620
615615
635
640
645
650
655
660
630
620
620
620625
615610605600
615610605600615610
620
615
RIGHT OF WAYdriveway
ES
end 7'redwoodfence
8" tree
CONCRETE CURB
CONCRETE CURB
PROPERTY LINERIGHT OF WAY
6"oak6"oak
12"oak
6"oak
6"oak
6" oak6"oak
6"oak6"oak
16" oak
9"oak9"oak
9"willow
9"oak
12"oak
10"oak
14"oak
9" oakmulti- trunk6"oak6"oak
6"oak
att vault
20"oak
E
12"oak
9"oak
10"oak
12"oak
24"REDWOOD32"REDWOOD24"REDWOOD14"REDWOOD14"REDWOOD14"REDWOOD12"REDWOOD9"oak 9"oak
SOMERSET ROAD
SOMERSET ROAD(50 FOOT RIGHT OF WAY)
GUTTERCONCRETE SIDEWALK
GUTTER
CONCRETE CURBGUTTER PROPERTY LINERIGHT OF WAY
6" oak6" oak6"oak6"oak
6" oak8" oak
SETBACK
SETBACK
SETBACK
SETBACK
SETBACK
CITY OF OAKLANDCITY OF PIEDMONT
36"BBQTV
ref.
elec.gas
12"multi-trunkj. maple
DINING ROOMKITCHEN
LIVING ROOM
FAMILYROOMBATHROOM 2
BEDROOM 2
BEDROOM 1
HALLWAY
BATHROOM 1CLOSET
PRIMARYBEDROOM
PRIMARY BATH
DN
DECK
DN
CLOSET
DECK
DN
Q
Q
5'-0"REARSETBACK
(N) POOL(15'x30')(E) MECH.
(E) CARPORT
(N) DECK
(E) STORAGE
UPUPUP
UP
DN
N2
N2
N3
N9
N6
N7
N3
E4
N8
N10
20'-0"FRONTSETBACK
20'-0"SIDESETBACK
5'-0"SIDESETBACK N2N5
N11
N5N4
N1
N12
EXISTING KEY NOTES:E1
NEW KEY NOTES:N1N2N3N4N5N6N7N8N9
LEGEND:(E) WALLS, WINDOWS, DOORS, RAILING, FIXTURES,FLOORING, TREES, SITE ELEMENTS TO BE REMOVED
DEMOLITION KEYNOTEEXISTING KEYNOTE
(E) TREE TO BE REMOVED(E) TREE TO REMAIN
(E) WALLS TO REMAIN(E) WALLS TO REMAIN
NEW KEYNOTE
SEE (E) HOUSE FLOOR PLAN(E) CARPORT/ GUEST HOUSE ABOVE - NO WORK(E) DRIVEWAY TO REMAIN(E)SITE WALL TO REMAIN(E) TREES TO REMAIN(E) SITE STAIRS TO REMAIN(E) GAS FIREPLACE TO REMAIN(E) WOOD DECK TO REMAIN(E) HARDSCAPE TO REMAIN(E) STEPPING STONES(E) FIRE-PIT TO REMAIN(E) HVAC UNIT(E)WOOD FENCE & GATE(E)RAMPPIEDMONT- OAKLAND CITY LIMIT BOUNDARY(E)WOOD BENCH E2E3E4E5E6E7E8E9E10E11E12E13E14E15E16
SEE (N) HOUSE FLOOR PLAN(N) MAX. 6 FT. FENCE - VERTICAL WOOD SLATS(N) CUSTOM METAL ENTRY GATE, PAINT TO MATCH THE (N) WOOD FENCE(N) HARDSCAPE(N) LANDSCAPE(N) TRELLIS(N) POOL(N) SITE WALL(N) CABANA, SOLID ROOF(N) CABANA KITCHEN/ BAR, w/ BUILT-IN BBQ., SINK, U.C. REFRIGERATOR(N) ELECTRIC VEHICLE CHARGING STATIONRELOCATE GAS & ELECTRIC METERS, GC TO CONFIRM ON SITE POSSIBLE LOCATIONSN10N11N12 111
11/8" = 1'-0"(N) SITE PLANPROJECTNORTHTRUENORTH
SHEET TITLE
OWNER:
Issues & RevisionsDate
NOT FOR CONSTRUCTION
O D SARCHITECTURE5895 Doyle Street,Emeryville, CA 94608Tel. 510-595-1300Fax 510-595-1313www.odsarchitecture.com Lopez-SinghResidence183 Somerset RoadPiedmont, CA 94611 Melissa Lopez & RickySingh183 Somerset Road,Piedmont, CA 94611415.269.2085 APN: 48C-7181-49 48C-7181-50 51-4825-17 51-4825-18PRICING SET A1.2
(N) Site Plan
Area Addition on Oakland side = 209 sqft
Area Addition on Piedmont side:
Main level: 477 sqft.
Basement: 83 sqft.
Total = 560 sqft.
blue dashed lines
indicate the
existing/ demo area
overlaid.
Trellis roof area = 375 sqft.
(this is an open structure w/
solid roof)
Attachment C
MEMORANDUM OF AGREEMENT
This MEMORANDUM OF AGREEMENT ( “MOA”), dated as of this ___ day of _____________, 2024 (“Effective Date ”), is entered into by and between the City of Piedmont, a municipal corporation ( “Piedmont”) and the City of Oakland, a municipal corporation (“Oakland”), with reference to the following facts and circumstances:
RECITALS
A. The property located at 183 Somerset Rd (the “Property”) consists of two lots, and four tax parcels (APN No. 048C718104900, 048C718105000 and 051482501700, 051482501800), that straddles the Piedmont/Oakland border. The legal description and assessor parcel map for the Property is provided as Exhibit A, which is attached hereto and incorporated herein. The Property is generally bounded by single -family properties at 160-190 Somerset R oad (Piedmont) across the street to the south a single-family property at 135 Somerset R oad (Piedmont) to the west , a single-family property at 235 Somerset Road (Oakland) to the east and two single-family properties at 401 and 415 Pershing Drive (Oakland) to the north at the rear of the Property. The Property consists of 20,800 square feet, with approximately 12,158 square feet or fifty-eight percent (58%) of which is located in Oakland, and approximately 8,642 square feet or forty-two percent (42%) of which is located in Piedmont.
B. When considering properties intersected by t he border between the Piedmont and Oakland, by long- standing arrangement between the cities, certain properties are considered Piedmont properties for the purposes of providing 911 and other municipal services, and certain properties are considered Oakland properties for the purposes of providing 911 and other municipal services. The Property is considered a Piedmont pr operty eligible for Piedmont 911 services, municipal waste removal services, access to the Piedmont Unified School District schools, and other municipal services. The neighboring residences which have vehicular and pedestrian access to Somerset Road are also considered Piedmont properties for those same services.
C. Ana Lopez and Ricky Singh(“Applicant s”) desire to remodel an existing single-family home located on the Property, which improvements includ e an approximately seven hundred and sixty nine square-foot addition and improvements split between two levels of the existing single-family home, as well as the addition of a new pool, landscaping, walkways, site walls, gate, trellis, and fencing on the Property (the “Project”).
D. The existing single-family home on the Property is located in both Piedmont and Oakland, and the proposed modifications are located within both jurisdictions.
E. The proposed work on City of Piedmont side includes, but not limited to:
remodel of the main house including an addition on the north, south and east sides , addition of deck and trellis structures, and installation of new landscaped and hardscaped areas. The proposed work on City of Oakland side includes, but not limited to: remodel of the main house including an addition on the north and east sides, addition of a detached trellis structure, demoli tion of existing pool and construct ion of new pool, installation of
new landscaped and hardscaped areas, installation of new fencing and other related site improvements.
F. Both Piedmont and Oakland desire to see this site’s use compatible with the surrounding properties and consistent with the cities’ land use regulations and plans.
G. In order to efficiently consider the Project, the Oakland and Piedmont desire to enter into this MOA to memorialize the designation of Piedmont as the lead agency for the purposes of both land use approvals and building inspection of the Project, including but not limited to issuan ce of building and occupancy permits, and the provision of 911 and other municipal services to the Project, consistent with the terms and conditions contained in this MOA.
AGREEMENT
NOW, THEREFORE, for good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, the parties agree as follows:
I. Lead Agency under CEQA
Piedmont shall serve as Lead Agency for purposes of review under the California Environmental Quality Act (“CEQA”).
II. Planning Approval Process
Piedmont will be the approval authority for all land use approvals regarding the Property, including but not limited to zoning approvals, variances, and issuance of conditional use permits or the like, to the extent any such approvals may be necessary.
Piedmont shall apply its land use regulations, except as may be otherwise stated in this MOA.
A. Applications. The Applicant has submitted an application for Design Review Permit to the Piedmont Planning Department for the Project. A notice regarding the project will be sent to the City of Oakland.
B. Noticing. In undertaking noticing for actions by the City of Piedmont, all adjacent property owners, including properties located across the street, of the Property will be notified to ensure that neighbors from both jurisdictions are notified of the project.
C. Conditions of Approval . The City of Piedmont will provide the City of Oakland a copy of the Conditions of Approval for the P roject, if any, if the Project is approved.
D. Ongoing Jurisdiction. Both Piedmont and Oak land understand that, by virtue of the proposed location of this Project, the Project, if approved, will be constructed both within Oakland and Piedmont. Consequently, except as otherwise provided in this MOA, the Property is subject to the laws of
both cities.
• Oakland acknowledges the continuing jurisdiction of the City of Piedmont, its Charter, and its Municipal Code within those portions of the Pr operty located within the City of Piedmont and will not undertake any action or approval that will result in any violation of any of those laws. Piedmont acknowledges the continuing jurisdiction of the City of Oakland, its Charter , and Municipal Code within those portions of the Project located within the City of Oakland and will not undertake any action or approval that will result in any violation of those laws, except as may regard planning or building approvals for buildings on the Property . Piedmont shall have jurisdiction over planning and building approvals for the Property. • The City of Oakland and the City of Piedmont both reserve the right to take such actions as necessary to enforce the laws, conditions or requirements within each city. Both cities agree to cooperate with the other city in any action undertaken to enforce any condition or requirement imposed on the Project.
III. Building and Permit Issues
A. Building Permit and Plan Check . The City of Piedmont will be responsible for building permit issuance, plan check, issuance of certi ficates of occupancy, building inspections and similar activities for the entire Project consistent with the appropriate procedures, fees, and standards of Piedmont. Except as set forth elsewhere in this MOA, inspections of the Project will be conducted by the City of Piedmont. Prior to the issuance of a building permit, the City of Piedmont Fire Department shall review and approve the fire and life safety systems including, but not limited to, fire hydrants, fire sprinkler systems, fire alarm systems, fire department access, and water distribution systems. In addition, prior to the issuance of a building permit, the Piedmont Planning and Building Department shall review the building permit plans to ensure compliance with the approved Conditions of Approval, if any. The City of Piedmont retains the authority to issue future building permits for buildings on the Property located either partially or wholly within its jurisdiction.
B. Building Address . The existing residence will retain the address of 183 Somerset Road, Piedmont.
IV. Emergency Service
The City of Piedmont Fire Department shall be responsible for the provision of emergency and public safety services to the Project, including those portions located in Oakland. Each City shall provide reciprocal response assistance as needed.
V. Fees
A. Public I mprovement Fees. The Applicant shall be responsible for paying any public Improvement fees required for the Project in Piedmont, including sewer connection fees and sewer user fees as applicable. The Applicant shall be responsible for paying sewer connection fees to Piedmont for those units in the Project that discharge to the City of Piedmont sewer system.
The sewer user fees are collected by East Bay Municipal Utility District as a part of monthly water bills.
B. Other Fees. The Applicant shall be responsible for paying any fees required by Piedmont for staff review of encroachment permits, building permit plans, public improvement plans, and subdivision maps for consistency with Project approvals and city design standards.
C. Not Comprehensive. The listing of specified fees in this Section V is not intended to serve as a comprehensive list of applicable fees from either jurisdiction.
VI. Indemnification
A. No Liability To Third Parties. Nothing in this MOA shall be deemed to create rights or obligations in the Applicant or third parties not signatories to this MOA.
B. Indemnification.
• Oakland. Oakland shall defend, indemnify and hold harmless Piedmont from and against any and all liability, loss, expense (including reasonable attorneys’ fees) or claims for injury or damage arising out of the performance of this MOA or arising from or connected to the approval process or relating to the Project, but only in proportion to and to the extent such liability, loss, expense, attorneys’ fees, or claims for injury or damages are caused by or the result of the negligent or Intentional acts or omissions of Oakland, its officers, agents or employees.
• Piedmont. Piedmont shall defend, indemnify and hold harmless Oakland from and against any and all liability, loss, expense (including reasonable attorneys’ fees) or claims for injury or damage arising out of the performance of this MOA or arising from or connected to the approval process or relating to the Project, but only in proportion to and to the extent such liability, loss, expense, attorneys’ fees, or claims for injury or damages are caused by or the result of the negligent or intentional acts or omissions of Piedmont, its officers, agents or employees
VII. Miscellaneous Provisions
A. Notice. For any action related to this MOA. each City shall be sent notices at the following addresses:
To Piedmont:
City of Piedmont
120 Vista Avenue
Piedmont, CA 94611
Attention: Kevin Jackson, Planning & Building Director
Phone: 510-420-3050 FAX: 510-658-3167
Email: [email protected]
With a copy to:
City of Piedmont
Attention: City Attorney
120 Vista Avenue Piedmont, CA 94611
Phone: 510-273-8780 FAX: 510-839-9104
To Oakland:
City of Oakland
Dept. of Planning and Building
250 Frank H Ogawa Plaza, Suite 2114, Oakland, CA 94612
Attention: Jamila Selby
Phone: (510) 238-2949
FAX: (510) 238-6538
Email: [email protected]
With a copy to:
Office of the City Attorney
1 Frank H. Ogawa Plaza,
Floor Oakland, CA 94612
Attention. Brian P. Mulry
Phone: (510) 238-6839
FAX: (510) 238-6500
Email: [email protected]
B. Headings. The headings in this MOA are for reference and convenience of the parties and do not represent substantive provisions of this MOA.
C. Governing Law. This MOA shall be governed by the laws of the State of California.
D. Modifications. Any modification of or amendment to this MOA will be effective only if it is signed in writing by all parties.
E. Counterparts. This MOA may be executed in any number of counterparts (including by fax, PDF, or other electronic means), each of which shall be deemed an original, but all of which shall constitute one and the same instrument.
F. Project Permit File. This MOU shall be kept and maintained at all times in the Property’s Planning Permit file with the City of Piedmont Planning and Building Department. The City of Oakland shall be prov ided a copy of this MOU upon request.
[Signatures on Following Page]
IN WITNESS WHEREOF, Piedmont and Oakland have each caused this MO to be duly executed on its behalf as of the Effective Date.
City of Piedmont
By:
Name:
Title:
Approved as to Form and Legality:
By:
Name:
Title:
City of Oakland
Authorized by Resolution No. ________
Adopted
By:
Name:
Title:
Approved as to Form and Legality:
By:
Name:
Title: