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City Council Staff Report August 31, 1999 A-99-2 & PD-99-2 Page 3 of 8 At the time of this report, a follow-up meeting between the applicant, Supervisor Steele, County staff, and City staff to discuss the above options has not been scheduled. The applicant recently explained to City staff, however, that the above alternative concepts were further explored and were confirmed as infeasible by the hotel developer. The hotel developer states that all three options would require acquisition of additional property and possibly higher development costs and would adversely affect the financial feasibility of the project. Additionally, reconfiguring the hotel and self -storage buildings under all three options is unacceptable to the applicant (developer of self -storage facility) and the hotel developer. The applicant indicated that this conclusion has been communicated to the County. However, the applicant is still willing to explore with the County the possibility of additional tree planting within the flood control easement. Street Right-of-way Issues Staff has had discussions with Caltrans and County staffs to clarify the jurisdictional issues concerning Embers Way and Lewelling Boulevard. Several issues will need to be resolved prior to issuance of encroachment permits to the developer for driveway and roadway modifications. The recommended conditions of approval require the applicant to obtain the necessary encroachments permits or other comparable approvals from all governing agencies prior to issuance of a building permit for the project. 1. Embers Way Caltrans staff has confirmed that Embers Way is still a State right-of-way, but they would like to execute the necessary agreement to relinquish it to the City. The process to relinquish the right- of-way had commenced in 1991. An agreement was actually signed by the then City Manager; however, Caltrans did not complete the process. The discussions on relinquishment will involve Alameda County since the southern portion of Embers Way is within the County's jurisdiction. The relinquishment process may take awhile and may not be completed before the developer is ready to proceed with construction of their project. Caltrans may be willing to issue an encroachment permit for the modifications to Embers Way with written assurance from the City that the relinquishment is agreeable in concept to the City and if the design of the access and roadway improvements are acceptable to them. With the likelihood that Embers Way will be relinquished to the City, Engineering and Transportation staff reviewed again the proposed driveway access and modifications to Embers Way and considered the earlier comments from the County Public Works Department. The City agrees in concept with the proposed modifications as well as the comments of County staff. Detailed engineering plans will be need to be reviewed by Caltrans and the City.