City of Piedmont
COUNCIL AGENDA REPORT
DATE: July 1, 2024
TO: Mayor and Council
FROM: Rosanna Bayon Moore, City Administrator
SUBJECT: Consideration of a Memorandum of Agreement between the City of Piedmont and the City of Oakland Related to 183 Somerset Road Regarding Jurisdiction for Planning and Building Permits
RECOMMENDATION
Approve the attached Memorandum of Agreement (MOA) between the City of Piedmont and the City of Oakland related to the property at 183 Somerset Road and authorize the City Administrator to execute the agreement assigning approval authority to Piedmont for all project land use approvals for structures located both in Piedmont and Oakland.
EXECUTIVE SUMMARY
Ana Lopez and Ricky Singh, the owners of the residence at 183 Somerset Road, are interested in remodeling an existing single-family home located on the property including: constructing an approximately 770-square-foot addition, split between the two levels of the main house; adding a pool; making several improvements to landscape, hardscape, and site features; and making other associated interior and exterior modifications. The goal of the attached MOA (Attachment B, agenda report page 5-11) is to establish the jurisdictional relationship between the cities of Piedmont and Oakland for planning and permitting purposes.
BACKGROUND
Dual-Jurisdiction Properties
When the City was incorporated in 1907, the City boundaries were determined by using an existing sewer district map, which, unfortunately, did not follow the boundaries of the underlying properties. The result is that more than 100 properties around the perimeter of the city are dualjurisdiction properties: these properties are partly in Piedmont and partly in Oakland and pay taxes to both cities. Over the years, this has obviously created difficulties in determining how municipal services (schools, public safety, trash service, etc.) are provided and how the properties are regulated for planning and building purposes. To address the need for a clear determination of which city would provide first responder services, the City of Piedmont and the City of Oakland created a list (known as the “911 List”) in the mid-1970s that divided the properties by jurisdiction, generally using frontage and access as the primary determining factors. Except for school eligibility,
1 a number of other municipal services, such as trash service, generally follow the list.
For planning and building permits, the jurisdiction that issues approvals and permits is generally the jurisdiction in which the proposed construction is located. In instances where the proposed construction is located in both jurisdictions, both cities may legally exercise jurisdiction. However, it is less burdensome on the project applicant to seek approval under a single set of regulations and processes from one jurisdiction. The decision over whether to exercise such jurisdiction has typically been made on a case-by-case basis, often determined by how much of the existing structure is in each city, where the majority of the work is proposed, and from which city the property receives 911 services. In those instances, Piedmont staff typically communicates with the City of Oakland to determine if it is beneficial for one city to cede jurisdiction to the other, based on permit history, the receipt of services, and other relevant factors. This is obviously timeconsuming and can be frustrating to applicants and staff, but unless undertaken, both cities would retain jurisdiction over a project, requiring applicants to seek approvals from both local governments, a situation that all parties disfavor.
183 Somerset Road
As seen in the attached area map of Somerset Road and Estates Drive (Attachment A, agenda report page 4), a handful of the properties are partly in Piedmont and partly in Oakland. Most properties on Somerset Road are entirely in Piedmont, but the city line nearly bisects the 183 Somerset Road property along with a few other properties. The property at 183 Somerset Road is assessed all of the City of Piedmont special taxes, including the City of Piedmont parcel, sewer, and paramedic taxes. In the past the current property owner has obtained City of Piedmont planning and building permits for a remodel, window and door modifications, modifications to site features, solar permits, and other permits. Because the existing property has historically been considered to be a "Piedmont property," with prior building permits issued by Piedmont, and is accessed from Piedmont for 911 purposes, Piedmont and Oakland staff agree that the proposed project to remodel the residence should be constructed under Piedmont planning and building permits.
Memorandum of Agreement
The attached Memorandum of Agreement (MOA) establishes Piedmont as the approval authority for the project’s planning and building permits for construction at 183 Somerset Road, partially within both cities. Piedmont will continue to provide 911 services to the proposed remodeled and expanded residence and may assess fees for planning permits, building permits and sewer connections, etc. The property will remain a dual-jurisdiction property, and any future projects would be required to comply with the laws of both jurisdictions, as both cities retain jurisdiction for the enforcement of their own laws. Both cities mutually agree to indemnify and hold harmless the other city regarding approvals of a proposed project. Similar agreements have been adopted by the Piedmont City Council for other dual jurisdictional projects, with the most recent MOA approved on October 18, 2021, for a dual jurisdiction property at 513 Boulevard Way. 1 The Piedmont Unified School District has separate and distinct criteria for determining eligibility for school services Agenda Report Page 2
Pursuant to standard City of Oakland procedures, the Oakland City Council adopted a resolution on June 4, 2024, which authorized the City Administrator to execute the agreement. The MOA does not have a specific duration, but rather, the MOA is specific to the project described in the agreement. Accordingly, if there are any changes to the project, staff will evaluate whether the MOA still applies, or whether the project would require a new MOA or an amendment to this MOA.
FISCAL IMPACT
Should the City Council approve the MOA with the City of Oakland, the City would incur costs for staff’s labor associated with the planning and building permits, however these costs will be largely recovered by permit application fees.
NEXT STEPS
Upon approval of the MOA by both cities, the City of Piedmont shall process any applications in relation to this project in compliance with Piedmont’s planning and building codes.
REVIEW BY CITY ATTORNEY
This report and the attached agreement have been reviewed and approved by the City Attorney.
By: Gopika Nair, Associate Planner
ATTACHMENTS:
A Page 4 Area Map of Somerset Road and Estates Drive Properties B Pages 5 - 11 Memorandum of Agreement
Agenda Report Page 3
SOMERSET RD
ESTATES DR
SIMS DR
HUNTLEIGH RD
HAMPTON RD
PERSHING DR
LEXFORD RD
LIGGETT DR
6861
535
531
525 523
519
515
270
260
245
239
233
227
223
190
183
180 170
160
150
145
140
135
130
127
120
87 90
101
99 0 35 70 140
4 Feet
Attachment A Agenda Report Page 4
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 singlefamily properties at 160-190 Somerset Road (Piedmont) across the street to the south a single-family property at 135 Somerset Road (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 fiftyeight 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 the 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 property 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 (“Applicants”) desire to remodel an existing single-family home located on the Property, which improvements include 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 Attachment B Agenda Report Page 5
trellis structure, demolition of existing pool and construction 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 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
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 Project, if any, if the Project is approved.
D. Ongoing Jurisdiction. Both Piedmont and Oakland 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 Attachment B Agenda Report Page 6
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 Property 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 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 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.
Attachment B Agenda Report Page 7
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 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
Attachment B Agenda Report Page 8
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]
Attachment B Agenda Report Page 9
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 provided 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
Attachment B Agenda Report Page 10
By:
Name:
Title:
Approved as to Form and Legality:
By:
Name:
Title:
Attachment B Agenda Report Page 11