1 APPROVED AS TO FORM AND LEGALITY
________________________
CITY ATTORNEY’S OFFICE
OAKLAND CITY COUNCIL
RESOLUTION NO. ______________ C.M.S.
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 CONVERSION OF AN EXISTING GARAGE INTO AN ACCESSORY DWELLING UNIT AT 571 CROFTON AVENUE, A PROPERTY LOCATED WITHIN BOTH JURISDICTIONS; AND ADOPTING APPROPRIATE
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDINGS
WHEREAS, the applicant for the property owner of 571 Crofton Avenue, which is located in the cities of Oakland and Piedmont, approached both jurisdictions regarding a construction project that entails a remodel of a single-family residence and conversion of an existing garage into an Accessory Dwelling Unit (“ADU”) at 571 Crofton Avenue; and
WHEREAS, the applicant and the City of Piedmont request that land use and building permits for the development proposal be processed by the City of Piedmont; and
WHEREAS, the City of Oakland agrees that the issuance of planning and building permits and building inspections should be solely handled by the City of Piedmont as the property frontage is wholly located within the City of Piedmont and the City of Piedmont provides all 911 emergency and municipal services to the property; and
WHEREAS, the City of Oakland is committed to seeing properties developed in as efficient a manner as possible; and
WHEREAS, the City Council hereby finds and determines that California Environmental Quality Act (“CEQA”) exemptions 15268(b) (Projects that are Ministerial) and 15301(e) (Existing Facilities) apply to this project, both of which provide a separate and independent basis for CEQA clearance; now, therefore be it
RESOLVED: That the City Administrator is authorized to negotiate and execute an Memorandum of Agreement (“MOA”), for a construction project that entails a remodel of a single- family residence and conversion of an existing garage into an ADU at 571 Crofton Avenue so as that the City of Oakland will cede planning and building permit review and building inspection jurisdiction to the City of Piedmont, and to negotiate and execute all documents, amendments,
2 agreements and instruments reasonably necessary or required to implement this Resolution and the MOA; and be it
FURTHER RESOLVED: That the MOA and all such other documents, amendments, agreements and instruments, shall be reviewed and approved by the City Attorney’s Office as to form and legality prior to execution; and be it
FURTHER RESOLVED: That CEQA exemptions 15268(b) (Projects that are Ministerial) and 15301(e) (Existing Facilities) apply to this project, both of which provide a separate and independent basis for CEQA clearance.
IN COUNCIL, OAKLAND, CALIFORNIA,
PASSED BY THE FOLLOWING VOTE:
AYES - GALLO, FIFE, UNGER, BROWN, WANG, RAMACHANDRAN, HOUSTON, AND
PRESIDENT JENKINS
NOES –
ABSENT –
ABSTENTION –
ATTEST:
ASHA REED
City Clerk and Clerk of the Council of the
City of Oakland, California