City of Piedmont
COUNCIL AGENDA REPORT
DATE:
TO:
FROM:
SUBJECT:
September 2, 2025
Mayor and Council
Rosanna Bayon Moore, City Administrator
Consideration of a Memorandum of Agreement between the City of Piedmont and the City of Oakland Related to 571 Crofton Avenue Regarding Jurisdiction for Planning and Building
RECOMMENDATION
Approve the attached Memorandum of Agreement between the City of Piedmont and the City of Oakland related to the property at 571 Crofton Avenue, and authorize the City Administrator to execute the agreement assigning approval authority to Piedmont for land use approvals for structures located on property in both Piedmont and Oakland.
EXECUTIVE SUMMARY
The owner of the residence at 571 Crofton Avenue is interested in converting the existing detached garage to an Accessory Dwelling Unit (ADU), as well as continuing to renovate the existing single-family residence and making several associated landscape and hardscape modifications to the property. The goal of the attached Memorandum of Agreement (MOA) is to establish the jurisdictional relationship between the cities of Piedmont and Oakland for planning and permitting purposes for 571 Crofton Avenue.
BACKGROUND
Dual-Jurisdiction Properties
When the City 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: they are partly in Piedmont and partly in Oakland and pay taxes to both cities. Over the years, this has 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 eligibility1 , a number of other municipal services, such as trash and recycling service, generally follow the 911 List.
For planning and building permits, the jurisdiction that issues approvals and permits is generally the jurisdiction in which a structure is located. In instances where a structure is located in both jurisdictions, both cities may legally exercise jurisdiction, and 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 which 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 another, based on permit history, the receipt of services, and other relevant factors.
This is obviously time-consuming 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.
571 Crofton Avenue
As seen in the attached area map of Crofton Avenue, Sylvan Way and Boulevard Way Avenue (Attachment A, agenda report page 4), some of the properties on Crofton are partly in Piedmont and partly in Oakland. Most properties on Crofton Avenue are entirely in Oakland, but the city line crosses 571 Crofton Avenue property along with a few other properties. For tax purposes, the property at 571 Crofton Avenue is assessed all of the City of Piedmont special taxes, including the sewer and paramedic taxes.
The City of Piedmont has several records of building permits issued by the City of Piedmont for construction and repairs at 571 Crofton Avenue. Because the existing property has historically been considered to be a "Piedmont property," with prior building permits issued by Piedmont and inclusion on the 911 List as a Piedmont property, the Planning agencies of both Piedmont and Oakland agree that the ADU conversion and renovations should be constructed under Piedmont planning and building permit authority. On July 15, 2025, the City of Oakland signed the MOA (Attachment B) ceding jurisdiction to Piedmont.
Memorandum of Agreement
The attached Memorandum of Agreement (MOA) establishes Piedmont as the approval authority for planning and building permits for the proposed ADU conversion and renovation project.
Piedmont will continue to provide 911 services to the proposed new residence and may assess fees for planning permits, building permits and sewer connections, etc. The property will remain a dualjurisdiction 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 approved by the City Council on October 18, 2021, 1 The Piedmont Unified School District has separate and distinct criteria for determining eligibility for school services Agenda Report Page 2
for a dual jurisdiction property at 513 Boulevard Way and December 6, 2021, at 564 Crofton Avenue.
ENVIRONMENTAL REVIEW
The MOA is exempt from the California Environmental Quality Act (CEQA) because it can be seen with certainty that there is no possibility that the approval of the MOA would have a significant adverse effect on the environment (Public Resources Code section 21065; CEQA Guidelines, 14 Cal. Code of Regs.
Sections 15061(b)(3)), and the MOA is not a project as the MOA modifies organizational or administrative activities that will not result in a direct or indirect physical changes to the environment (Public Resources Code section 21065; CEQA Guidelines, 14 Cal. Code of Regs. Sections 15061(b)(3)).
FISCAL IMPACT
The proposed MOA does not modify the tax assessment for 571 Crofton Avenue. City of Piedmont planning and building permit application fees will be collected for the Planning & Building Department staff’s review of the proposed construction.
NEXT STEPS
Pursuant to standard City of Piedmont procedures, the Piedmont City Council shall adopt a resolution authorizing the City Administrator to execute the agreement. Upon approval of the MOA by both cities, the City of Piedmont shall proceed processing the applications for approval of permits for the conversion of existing garage to an ADU and other work under 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: Pierce Macdonald, Senior Planner
ATTACHMENTS:
Attachment A Page 4 Area Map of Crofton Avenue and Boulevard Way Properties Attachment B Pages 5 - 12 Project Plans for 571 Crofton ADU Conversion Attachment C Pages 13 - 24 Memorandum of Agreement
Agenda Report Page 3
Agenda Report Page 4 Attachment A - Map of Crofton Avenue 571 Crofton avenue
Garage - ADU
ATTACHMENT B
Attachment B Agenda Report Page 5
Main house
Attachment B Agenda Report Page 6
A front (street) view of the structures on the two adjacent properties
Photographs
Attachment B Agenda Report Page 7
Site survey
Front
Side
Existing elevation
Attachment B Agenda Report Page 8
Existing and proposed site plan 700 sq.ft
8’ X 10’’
417 sq.ft
10’ X 20’
200 sq.ft
Tree
Offset 4’
New foundation & additional
Attachment B Agenda Report Page 9
Floor plan for 700 sq.ft , 30’ X 20’
Offset 4’
40’
21’5”
8’
10’
19’4’
11’5”
Attachment B Agenda Report Page 10
Front
Back
Current
Stucco wall
Flat Roof
8 lites front door
Proposed Elevations
Attachment B Agenda Report Page 11
Right
Left (Blocked by neighbor fence)
Proposed Elevations Stucco wall (Current wall)
Wood window
6 lites and 12 lites
Agenda
Report Page 12
Attachment B
Attachment C Agenda Report Page 13
Attachment C Agenda Report Page 14
Attachment C Agenda Report Page 15
Attachment C Agenda Report Page 16
Attachment C Agenda Report Page 17
Attachment C Agenda Report Page 18
Attachment C Agenda Report Page 19
Attachment C Agenda Report Page 20
Attachment C Agenda Report Page 21
Attachment C Agenda Report Page 22
Attachment C Agenda Report Page 23
Agenda Report Page 24
Attachment C