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City Council Staff Report A-99-2 & PD-99-2 2. Lewelling Boulevard August 31, 1999 Page 4 of 8 The portion of Lewelling Boulevard that abuts the applicant's property is located within the County. Alameda County has expressed its position that any left -turn movements at the Lewelling driveway should be prohibited. City staff generally agrees but, with proper modifications to the driveway and intersection, the possibility of allowing left turns out during non -peak hours may be allowed, subject to additional engineering studies. A final decision regarding left -turn movements will involve County staff since an encroachment permit is needed from the County. The County has stated that issuance of an encroachment permit will be contingent on the City accepting maintenance responsibility for this portion of Lewelling Boulevard as well as Hesperian Boulevard from the City limits to Embers Way and the southern segment of Embers Way that is currently in the County. Staff is analyzing the fiscal implications of the City assuming the maintenance of these streets. Because these streets are located in the County, the streets will also have to be annexed into the City. If the hotel/self-storage project were approved by the City Council, staff would begin investigating the required agreements and annexation process through discussions with Caltrans and County staffs. Subsequent action from the City Council will also be necessary. Flood Control Easement Presently, the property owner has fee title to a portion of the adjoining flood control channel with an easement granted to the Alameda County Flood Control and Water Conservation District (ACFCWD). The boundary of the easement is erratic and does not correspond to the present fenced area for the channel. The applicant had obtained preliminary approval from ACFCWCD to adjust the boundary of the easement to generally correspond to the location of the existing chain -link fence. Excess easement area would be relinquished, with the property owner granting fee title to ACFCWD for the area encompassing the flood control channel and assess road. Parking lot and landscaping improvements and a small portion of three self -storage buildings (Buildings B, D, and E) are proposed within the excess easement area. Recently, ACFCWD staff has indicated that an agreement to adjust the easement and accept fee title may not be approved by the County. Further, they indicated that permission to construct improvements within the present easement might be denied unless the project is modified. At this point, ACFCWD staff has indicated that they would only consider approving an encroachment permit to allow paving, landscape improvements, and fencing within the easement area north of the existing chain link fence at the southern edge of the site. If the County denies an agreement to adjust the easement or has the legal authority to prohibit the improvements as proposed, the applicant may need to modify the project plans. This may require relocating about eight hotel parking spaces and reducing portions of the self -storage buildings. The applicant is prepared to revise the project plans if approval from the County cannot be obtained. If the parking spaces cannot be relocated, a reduction in hotel rooms may also be necessary. %_ 4