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?BI9 FEB - 7 PH 2:31 AGENDA REPORTCITY OF OAKLAND
TO: Sabrina B. Landreth
City Administrator
FROM: William A. Gilchrist
Director, PBD
SUBJECT: Memorandum of Agreement for
30 Blair Place
DATE: January 28, 2019
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City Administrator Approval Date:
RECOMMENDATION
Staff Recommends That The City Council Adopt A Resolution Authorizing The City Administrator Or Her Designee To Enter Into A Memorandum Of Agreement With The City Of Piedmont For The Development Of A Replacement Single Family Residence At 30 Blair Place, A Property Located Within Both Jurisdictions.
EXECUTIVE SUMMARY
The City Council is requested to enter into a memorandum of agreement (MOA) with the City Of Piedmont for the redevelopment of a single family residence at 30 Blair Place. 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 redevelopment. Staff is recommending the City Council adopt the resolution.
BACKGROUND / LEGISLATIVE HISTORY
The applicant seeks to demolish an existing single family residence and construct an approximately 4,084 square feet three-bedroom single family residence that would straddle the Oakland-Piedmont border at 30 Blair Place {Attachment A). The lot is 8,138 square feet and currently contains a 2,454 square feet single family residence. Approximately 4,350 square feet, or fifty-three percent (53%), of the property is located in Oakland and approximately 3,788 square feet, or forty-seven percent (47%), is located in Piedmont.
The proposed single family residence is largely in compliance with the City of Oakland’s zoning standards, except where the proposed building encroaches into the required rear yard setback, and the proposed building’s wall height (excluding roof pitch) is above that allowed by the City of Oakland, although the maximum height (for pitched roofs) is not exceeded. The proposal does meet the City of Piedmont’s development standards in these regards, which deviate slightly from the City of Oakland’s zoning standards. The applicant will request a variance from the City of Piedmont to maintain the existing legal nonconforming front setback.
Item:
CED Committee
February 19, 2019
Attachment B
Sabrina B. Landreth, City Administrator
Subject: Memorandum of Agreement for 30 Blair Place
Date: January 28, 2019________________________ Page 2
ANALYSIS AND POLICY ALTERNATIVES
The 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 this property; The orientation of the existing home is on a street served exclusively by the City of Piedmont;
Structural failure of the existing dwelling is on the Piedmont portion of the lot; The City of Piedmont zoning requirements regarding replacement of a single-family residence are substantially the same as those in Oakland—with the exception of rear yard setback (five feet in Piedmont, 20 feet in Oakland) and height (35 feet in Piedmont 25 feet [wall height] and 30 feet [pitched roof height] in Oakland); The City of Piedmont uses the same State mandated building codes as Oakland; and Piedmont will provide the residence with 911 services, municipal waste removal services, access to Piedmont Unified School District schools, and other municipal services.
The draft MOA (Attachment B) contains the following terms to assure that Oakland will not be negatively impacted by the proposal:
Piedmont will be the lead agency for all land use approvals regarding the property; Piedmont will be responsible for building permit issuance, plan check, issuance of certificates of occupancy, building inspections and similar activities for the entire project 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 project, including those portions located in the City of Oakland;
Piedmont will provide notification to all property owners within 100 feet of the proposal pursuant to the City of Piedmont Planning Code; and
Piedmont will provide municipal waste removal services, access to the Piedmont unified School District schools, and other municipal services to the single-family residence.
FISCAL IMPACT
Adopting this resolution would likely 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 Division staff would not work on the project. Furthermore, there would be no impact on the City of Oakland’s municipal services for the property.
PUBLIC OUTREACH / INTEREST
This item did not require any additional public outreach other than the required posting on the City’s website.
Item:
CED Committee
February 19, 2019
Sabrina B. Landreth, City Administrator
Subject: Memorandum of Agreement for 30 Blair Place
Date: January 28, 2019_____________________ Page 3
COORDINATION
The City Attorney’s Office and the City of Piedmont has worked closely with staff on the preparation of the MOA and has reviewed this staff report and resolution, as has the City’s Budget Office.
SUSTAINABLE OPPORTUNITIES
Economic: The residents of the expanded single family residence and Secondary Residential Unit may increase the number of potential residents/patrons who live near the Montclair Commercial District.
Environmental: The new structure will be required to meet modern standards for energy efficiency and Green Building.
Social Equity: The increased size of the unit and addition of a Second Residential Dwelling Unit will provide housing opportunity for people of a variety of income levels.
CEQA
The California Environmental Quality Act (CEQA) Guidelines exempts 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 15303 - New Construction or Conversion of Small Structures: Section 15303(a) of the CEQA Guidelines states that one single-family residence, or a second dwelling unit in a residential zone, is exempt from CEQA.
Item:
CED Committee
February 19, 2019
Sabrina B. Landreth, City Administrator
Subject: Memorandum of Agreement for 30 Blair Place
Date: January 28, 2019 _____________________ Page 4
ACTION REQUESTED OF THE CITY COUNCIL
Staff recommends that the City Council adopt a Resolution authorizing the City Administrator or her designee to enter into a Memorandum of Agreement with the City of Piedmont for the redevelopment of a single family residence at 30 Blair Place, a property located within both jurisdictions.
For questions regarding this report, please contact Robert Smith, Planner ill, at (510) 238 5217.
Respectfully submitted,
WfHiam A. Gildnrisi
Director, Departrrient of Planning & Building
Reviewed by:
Edward Manasse, Interim Deputy Director
Bureau of Planning
Prepared by:
Robert Smith, Planner III
Bureau of Planning
Attachments (2):
A: Project Plan Set
B: Memorandum of Agreement
Item:
CED Committee
February 19, 2019
ATTACHMENT A
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ATTACHMENT B
MEMORANDUM OF AGREEMENT
This MEMORANDUM OF AGREEMENT (“MOA”), dated as of this. day of -________, 2018 (“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 30 Blair Place (the “Property”) consists of one lot, comprised of two tax parcels (APN Nos. 051-4710-13 and 051-4710-14), that straddles the Piedmont/Oakland border. The Property is depicted in Exhibit A attached hereto and incorporated herein. The Property is generally bounded by Blair Place on the North, a single family home at 10 Calvert Court (Piedmont) on the South, a single family home at 20 Blair Place (Piedmont) on the West, a single family home at 6150 Harbord Drive (Oakland) predominately on the East, and by 6170 Harbord Drive (Oakland) on the remaining Northern East corner. The Property consists of 8,138 square feet (determined by Alameda County Assessor’s Office), approximately 4,350 square feet or 53% of which is located in Piedmont, and approximately 3,788 square feet or 47% of which is located in Oakland. An existing single family residence is built on both portions of the lot, across the cities’ shared border, and fronts Blair Place. The lot slopes down from Blair Place to a single-family residence at 10 Calvert Court.
B. When considering properties intersected by the border between the Cities of 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 property eligible for Piedmont 911 services, municipal waste removal services, access to the Piedmont Unified School District schools, and other municipal services. The residences which have vehicular and pedestrian access to Blair Place, are also considered Piedmont properties for those same services.
C. Maria C. E. Rachmat and Stanley S. Wong (“Applicant”) desire to demolish the existing residential structure and construct a new home, and make other site improvements to the property as a whole (collectively, “Project”).
D. Currently, the existing single-family home is partially within Piedmont and partially within Oakland. The Project to demolish the existing residence and construction of a new home and other site improvements is also proposed to be partially within Piedmont and partially within Oakland.
E. A search of records at the City of Piedmont reveals that during the past 65 years several building permits were issued by the City for the property at 30 Blair Place, including a 1953 permit to construct a 1 story 6 room residence with garage, a permit for a 1970 remodel, a permit for a 1978 roof replacement, a 1979 permit for repairs, a 1984 permit
for a new furnace, a 1984 permit for deck repairs, a 1992 permit for termite repairs, a 1995 permit for stair repairs, a 2000 permit for a new roof, a 2003 permit for underground utility repairs, a 2016 permit for sewer repairs, and a 2017 permit for sidewalk repairs.
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 cities 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 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 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
The City of 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. Applicant will submit a planning application to the City of Piedmont Planning Commission. A notice regarding the project will be sent to the City of Oakland at the same time as the notices are sent to neighbors as required by the City of Piedmont Planning Code. Any staff reports will be sent to the City of Oakland prior to a Planning Commission hearing at the same time the report is made available to the public.
B. Noticing. In undertaking noticing for actions by the City of Piedmont, all property owners within a 100-foot radius 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 project if and when the project is approved.
D. Ongoing Jurisdiction. Both Piedmont and Oakland understand that, by virtue of the proposed location of this Project, a portion of the Project, if approved, will be constructed within the City of Piedmont, and a portion of the Project will be constructed within the City of Oakland. As a consequence, except as otherwise provided in this MOA, the residents of the Project will be subject to the laws of both cities. • Oakland acknowledges the continuing jurisdiction of the City of Piedmont and its Municipal Code within those portions of the Project 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 partially located in the City of Piedmont. The City of Piedmont shall have jurisdiction over planning and building approvals for those buildings partially and wholly in the City of Piedmont. • 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. Piedmont will be responsible for building permit issuance, plan check, issuance of certificates 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 Department shall review the building permit plans to ensure compliance with the approved Conditions of Approval. 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 30 Blair Place, Piedmont, and the Project will have a Piedmont address on Blair Place.
IV. Emergency Service
The Piedmont Fire Department shall be responsible for the provision of emergency and public safety services to the Project, including those portions located in the City of Oakland. Each City shall provide reciprocal response assistance as needed.
V. Fees
A. Public Improvement 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 the City of 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.
IV. Indemification
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.
VI. 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 Director
Phone: 510-420-3050 FAX: 510-653-8272
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: Robert Smith, Planner III
Phone: (510) 238-5217
FAX: (510) 238-4730
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.
IN WITNESS WHEREOF, Piedmont and Oakland have each caused this MOA to be duly executed on its behalf as of the Effective Date.
City of OaklandCity of Piedmont
Authorized by Resolution No.
adopted________________
By:
Paul BenoitName:
City AdministratorTitle:
By:
Name: Sabrina B. Landreth
Title: City Administrator
Attest:
By:
John O. Tulloch
City Clerk
Approved as to form and legality:Name:
Title:
By:
Approved as to form and legality: Name: Brian P. Mulry
Title: Deputy City Attorney
By:
Michelle Marchetta Kenyon
City Attorney
Name:
Title:
Approved as to Form and Legality
pit pn
OFFICE OF THE CIT ? Ct.ER*
OAKLAND City Attpmpy
2919 FEB -7 PH 2= 32
OAKLAND CITY COUNCIL
Resolution No. C.M.S.
Introduced by Councilmember
A RESOLUTION AUTHORIZING THE CITY ADMINISTRATOR OR HER
DESIGNEE TO ENTER INTO A MEMORANDUM OF AGREEMENT WITH
THE CITY OF PIEDMONT FOR THE DEVELOPMENT OF A
REPLACEMENT SINGLE FAMILY RESIDENCE AT 30 BLAIR PLACE, A
PROPERTY LOCATED WITHIN BOTH JURISDICTIONS
WHEREAS, the property owner of 30 Blair Place, which is located in the cities of Oakland and Piedmont, approached both jurisdictions regarding construction of a replacement single family residence at 30 Blair Place; and
WHEREAS, the property owner requests that land use and building permits for the 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 there is little difference between Piedmont and Oakland’s codes in regards to single family residence development standards; 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 CEQA exemptions 15268(b) (Projects that are Ministerial) and 15303(a) (Construction of replacement single family residence in a Residential Zone) 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 or her designee is authorized to negotiate and execute a Memorandum of Agreement for the development of a replacement single family residence at 30 Blah- Place that is consistent with the Agenda Report and to negotiate and execute all documents, amendments, agreements and instruments reasonably necessary or required to implement this Resolution; and be it
FURTHER RESOLVED, that the Memorandum of Agreement 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 1 FURTHER RESOLVED, that CEQA exemptions 15268(b) (Projects that are Ministerial) and 15303(a) (Construction of replacement single-family residence in a Residential Zone) 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 - FORTUNATO BAS, GALLO, GIBSON MCELHANEY, KALB, REID, TAYLOR, THAO AND PRESIDENT KAPLAN
NOES -
ABSENT -
ABSTENTION -
ATTEST:
LaTonda Simmons
City Clerk and Clerk of the Council
of the City of Oakland, California
2 MEMORANDUM OF AGREEMENT
This MEMORANDUM OF AGREEMENT ("MOA"), dated as of this 26 day of February, 2019 ("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 30 Blair Place (the "Property") consists of one lot, comprised of two tax parcels (APN Nos. 051-4710-13 and 051-4710-14), that straddles the Piedmont/Oakland border. The Property is depicted in Exhibit A attached hereto and incorporated herein. The Property is generally bounded by Blair Place on the North, a single family home at 10 Calvert Court (Piedmont) on the South, a single family home at 20 Blair Place (Piedmont) on the West, a single family home at 6150 Harbord Drive (Oakland) predominately on the East, and by 6170 Harbord Drive (Oakland) on the remaining Northern East corner. The Property consists of 8,138 square feet (determined by Alameda County Assessor's Office), approximately 4,350 square feet or 53% of which is located in Piedmont, and approximately 3, 788 square feet or 4 7% of which is located in Oakland. An existing single family residence is built on both portions of the lot, across the cities' shared border, and fronts Blair Place. The lot slopes down from Blair Place to a single-family residence at 10 Calvert Court.
B. When considering properties intersected by the border between the Cities of 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 property eligible for Piedmont 911 services, municipal waste removal services, access to the Piedmont Unified School District schools, and other municipal services. The residences which have vehicular and pedestrian access to Blair Place, are also considered Piedmont properties for those same services.
C. Maria C. E. Rachmat and Stanley S. Wong ("Applicant") desire to demolish the existing residential structure and construct a new home, and make other site improvements to the property as a whole (collectively, "Project").
D. Currently, the existing single-family home is partially within Piedmont and partially within Oakland. The Project to demolish the existing residence and construction of a new home and other site improvements is also proposed to be partially within Piedmont and partially within Oakland.
E. A search of records at the City of Piedmont reveals that during the past 65 years several building permits were issued by the City for the property at 30 Blair Place, including a 1953 permit to construct a 1 story 6 room residence with garage, a permit for a 1970 remodel, a permit for a 1978 roof replacement, a 1979 permit for repairs, a 1984 permit for a new furnace, a 1984 permit for deck repairs, a 1992 permit for termite repairs, a 1995 pennit for stair repairs, a 2000 permit for a new rooft a 2003 permit for underground utility repairs, a 2016 pe.rmit for sewer repa;rs, and a 2017 permit for sidewa\k repalrs.
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 effiCierttly consider the Project, the cities desire to enter into this MOA to memonanze 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 buitding and occupancy permit$, and the provision of 911 and other municipal services to the Project, consistent with the terms and conditions contained in thi&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
P:iedmont shall serve as lead Agency for purposes of review under the California Environmental Quality Act (CEQA).
II. Planning Approval Procesa
The City of Piedmont will be the approval authority for aJI land use approvals regarding the Property, including but not Umited to zoning approvals. variances. and issuance of conditionaf use permits or the like, to the extent any such approval& may be necessary. Piedmont &hali apply its land use regulations, except as may be otherwise stated in this MOA
A~ AopUcations, Applicant will submit a planning appl~ion to the City of Piedmont . Planning Commission. A notice regarding the project will be sent to the City of Oakland at the same time as the notices are sent to neighbors as required by the City of Piedmont Planning Code. Any staff reports wiU be sent to the City of Oakfand prior to a Planning Commission hearing at the same time the report is made available to the pub tic.
B. Ngt!cing. In undertaking noticing for actions by the City of Piedmont. aU property ~ners within a 1 00-foot radius of the Property will be notified to ensure that neighbors from both jurisdictions are notified of the project.
C. Conditions gt Apprgva!. The City of Piedmont will provide the City of oakland a copy of the Conditions of Approva' for the project if and when the project is approved.
D. Qngoing Jurisdictigo. Both Piedmont and oakland understand that, by virtue of the proposed location of this Project, a portion of the Project, if approved, will be constructed within the City of Piedmont. and a portion of the Project wilt be constructed within the City of Oakland. As a consequence. except as otherwise provided in this MOA, the residents of the Project wnl be subject to the laws of both cities. • Oakland acknowledges the continuing jurlsdiction of the City of Piedmont and its Municipal Code within those portions of the Project located within the City of Piedmont, and wUI not undertake any action or approval that will resutt in any violation of any of those taws. Ptedmont acknowledges the continuing jurisdiction of the City of Oakland, its Cha~r 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 la¥JS, except as may regard planning or building approvals for buildings partiaQy located in the Crty of Piedmont. The City of Piedmont shan have jurisdiction over planning and building approvals for those buildings partially and whoUy in the City of Piedmont. • The City of Oakland and the City of Piedmont both reserve the right to take such actions as neoessary to enforce the laws, conditions or requirements Within each city. Both cities agree to cooperate with the other ctty in any action undertaken to enforce any condition or requirement imposed on the Project.
UL Building and Pennit Issues
A. Building Permit and Plan Check. Piedmont will be responsible for building permit issuance, ptan check, issuance of certificates 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 wiU be conducted by the City of Piedmont. Prior to the issuance of a building permit, the Cl~y of Piedmont Fire Department shall review and approve the fire and Ufe 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 pennit, the Piedmont Planning Department shall review the building permit plans to ensure compliance with the approved Conditions of Approval. The City of Piedmont retains the authority to issue future building permits for buildings on the Property located either partially or whofty Withjn its jurisdiction.
B. Building t\ddress. The existing residence will retain the address of 30 Blair Place, Piedmont, and the Projec1 will have a Piedmont address on Blair Place.
IV. Emergency Servic&
The Piedmont Fire Department shalt be responsible tor the provision of emergency and public safety services to the Project, including those portions located in the City of Qakland. Each Cfty shall provide reciprocal response assistance as needed.
V.Feaa
A. Public Improvement Fee§. The Applicant shaU 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 shaH be responsible for paying sewer connection fees to the City of Piedmont for those units in the Project that discharge to the City of Piedmont sewer system. The sewer use.r fees are coUected by East Bay Municipal Utility District as a part of monthly water bills.
B. Other FQ!I. The Applicant shalt be responsible for paying any fees required by Piedmont for staff review of encroachment permits, building permit ptans, public improvement plans, and subdivision maps for consistency with Project· approvals and city design standards.
C. Not Comprehell§ive. The !tsting of specified tees in this Section V is not intended to serve as a comprehensiVe list of applicable fees from either jurisdiction.
IV. lndemificatlon
A. No UabUity To Third Parties. Nothing in this MOA shaU be deemed to create rights or obligatlons.in the Applicant or third parties not signatories to this MOA.
B. lndmnnification,
• Oakland. Oakland shatl defend, indemnify and hold harmless Piedmont from and against any and all Uability, loss. expense (ln.cluding reasonable attorneys• fees) or claims for injuty or damage arising out of the performance of this MOA or arising from or connected to the approve! process or relating to the Project, but only in proportion to and to the extent such liabHity, !()s&j expense. attorneys• fees, or claims for injury or damages are caused by or the resuft of the negligent or Intentional acts or omissions ·of Oakland, its officers, ~gents or employees.
• Piedmont Piedmont shall defend, indemnify and hold hanntess Oakland from and against any and all liability, foss, 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 liabllity. 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 ..
VI. Mlacellaneous Provisiont
A. Notie§~ For any action rerated 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 Director
Phone: 510420-3050 FAX: 510-.653-8272
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~kland:
City of Oakland
Depl of Planning and Building
250 Frank H. Ogawa Pfaza, Suite 2114, Oakland. CA 94612 Attention: Robert Smith. Ptanner Ill
Phone: (510) 238-5217
FAX: (510) 238-4730
Emait [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)23~839
FAX: (510) 238-6500
EmaU: [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 laW& 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 mean&), each of which shaU be deemed an original, but all of which shall constitute one and the same instrument.
IN WITNESS WHEREOF, Piedmont and oakland have each caused this MOA to be duly executed on its behalf as of the Effective Date.
City of Piedmont
Title:
Attest
By:
Name:
Titte:
By;
· City Administrator
John 0 . Tulloch
City Clerk
Name: ichelle Marchetta Keny
Title: City Attorney
City of Oakland
Authorized by Resolution No. IDS57
adopted _ _...; __ ---::::::=::::--""--
~ By:
Name:
TdJe:
Sabrina B. Landreth
City Administrator
Approved as to form and legality:
By:
Name:
A.z~
Brian P. Muir; ~
Title: Deputy City Attorney