Title
PLN18-0341 - Certificate of Approval - 2301 Santa Clara Avenue - Applicant: Carolyn C. Fong on Behalf of Lily Angela Chun 1991 Living Trust. Public hearing to consider a Certificate of Approval for the disassembly and removal of a gas station kiosk and canopy to enable ground soil cleanup required by state regulatory agencies. The gas station kiosk will be reassembled once the soil remediation is completed, which is anticipated to take 18-24 months. The subject property is a Contributing Structure to the Park Street Historic District. Per Alameda Municipal Code (AMC) Section 13-21.5 the project requires a Certificate of Approval by the Historical Advisory Board. The property is located in the C-C-T (Community Commercial, Theatre Combining) Zoning District. The project is Categorically Exempt from additional environmental review pursuant to California Environmental Quality Act (CEQA) Guidelines, Sections 15301 - Existing Facilities, 15304 - Minor Alterations to Land, 15330 - Minor Actions to Prevent, Minimize, Stabilize, Mitigate or Eliminate the Release or Threat of Release of Hazardous Waste or Hazardous Substances, and 15331 - Historic Resource Restoration/Rehabilitation.
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BACKGROUND
The current application for a Certificate of Approval follows a long history of events on the property at 2301 Santa Clara Avenue:
In 1938, the property was developed as a gas station with a kiosk and canopy structure and a separate single-story garage at the rear. A larger, two-story (Knights of Pythias) building is also located on the same legal lot but is not part of this application.
In 1982, the Park Street Commercial Historic District was listed on the National Register of Historic Places, with 2301 Santa Clara Ave being classified as a Contributing Structure to the district.
In 1991, the gas station permanently closed for business. The original fuel pumps were removed shortly after the gas station’s closure.
In 1992, three underground fuel tanks were removed from the site. It was determined that the tanks had leaked and contaminated the underground soil. Since then, the property was monitored for cleanup under state and county environmental regulations.
In 2006, the property owner consulted the City about demolishing the canopy and kiosk in order to excavate the contaminated soil. However, due to the property’s historic status, the City encouraged the property to pursue alternative methods to clean the site. Numerous cleanup methods were attempted in the following years.
In 2014, the applicant worked with the Alameda County Department of Environmental Health (ACDEH) to begin a Corrective Action Plan (CAP) that would forgo soil removal in favor of an alternative strategy called a bio-remediation recirculation system. The bio-remediation was implemented over the next three years.
In 2017, ACDEH determined that the bio-remediation method was ineffective at remediating the contamination. It was also determined that the underground contamination had begun to seep into the adjacent properties, escalating the need for immediate and effective action to avoid a public health risk. ACDEH and the applicant determined that soil excavation would be the final and most effective method to clean the contamination.
Certificate of Approval Request
The applicant is seeking a Certificate of Approval to disassemble the canopy and kiosk and store the disassembled parts on site in the existing garage. This would allow excavation of the contaminated soil. The canopy and kiosk would be reassembled on site once ACDEH and the State Water Resources Control Board (SWRCB) have determined that the soil contamination has been satisfactorily remediated.
ANALYSIS
Historical Context
The gas station’s kiosk and fuel canopy were built in 1938. The property owner at the time was the Knights of Pythias fraternal organization and the builder was P. Spaulding. It is one of only four remaining pre-war gas stations in the City (Minor, 2006). The kiosk and fuel canopy are made of a pre-fabricated metal frame and also sheathed in pre-fabricated metal, and was assembled on site. The National Register of Historic Places Nomination form documents the kiosk and canopy as a rare example of an Art-Deco styled, shed-type gas station. This shed-type station building form is common among pre-war gas stations. However, the use of Art Deco elements was unusual for pre-war shed-type stations. The kiosk has decorative pilasters at its corners. The support beams at the west end of the fuel canopy mimic the pilasters found on the kiosk. There is a concrete garage at the north end of the site that has a utilitarian design with no decorative features and two large doors, one with a roll up garage door and the other with a folding metal gate.
Disassembly and Reassembly
Previous attempts to remediate the soil contamination at the project site without disturbing the kiosk and fuel canopy have not been effective. The site remains contaminated after years of delays and costly expenditures. The applicant’s contractor has inspected the site and developed a plan for disassembling the pre-fabricated structures, storing them in the existing garage on-site, and reassembling the structure to its existing state, with repairs as needed (Exhibit 1). The Building Official has reviewed the plans and determined the drawings to adequately document the structures such that they can be reassembled to its original form.
Site Clean Up Timeline
Prior to the start of cleanup of the site, the applicant must submit a new CAP for approval by the ACDEH and SWRCB (Exhibit 2). However, the CAP cannot be submitted until the City issues a Certificate of Approval. Because the ACDEH and SWRCB review may take up to nine months, it is anticipated that cleanup of the site will not commence until Summer 2019 at the earliest. Additionally, the applicant and ACDEH will be seeking additional funding for the project from SWRCB’s Underground Storage Tank Cleanup Fund (Cleanup Fund) to cover costs for the project, as the previous monies from the Cleanup Fund have been nearly exhausted with previous costly but ineffective cleanup methods.
The contractor will be required to obtain a demolition permit from the Building Division. This requires demonstrating that underground utilities will be safely capped as part of the project and that the Bay Area Air Quality Management District (BAAQMD) and ACDEH have reviewed the project and issued necessary permits for lead paint and/or asbestos abatement. It is anticipated that once all permits from relevant regulatory agencies have been issued, the actual disassembly of the kiosk and canopy will take four to six weeks. Once the structures have been disassembled and placed in storage, the applicant will begin the process of excavating the contaminated soil on the site. The actual excavation of the contaminated soil process will take approximately 18 to 24 months.
Conditions of Approval
Staff is concerned that the lengthy regulatory approval process and uncertainty in funding raises the risks of unexpected delays or stalling the site cleanup effort after the historic structure has been removed. Therefore, staff recommends several conditions of approval to guarantee that all regulatory clearances and funding be obtained prior to issuing a demo permit to allow actual disassembly of the historic structure:
1. The applicant shall conduct a photographic documentation of the structure to the satisfaction of the Secretary of the HAB prior to the issuance of a demo permit.
2. In the event that new monies are not granted through the Cleanup Fund, the applicant shall provide the City proof of funding, such as but not limited to, a letter of credit, and/or surety bond, to guarantee completion of the project through to the reassembly of the historic structure.
3. Chemical or physical treatments, if appropriate, will be undertaken using the gentlest means possible. Treatments that cause damage to historic materials shall not be used. Repairs to the structures, when needed, shall be consistent with NPS Preservation Brief 46: The Preservation and Reuse of Historic Gas Stations, and conducted only after consultation with the Secretary of the Historical Advisory Board.
4. The applicant/property owner shall submit a status report after six (6) months of the approval of this Certificate of Approval to the Secretary of the Historical Advisory Board, and shall submit additional status reports every six (6) months thereafter until the final inspection for the reassembly of the fuel canopy and kiosk.
5. The applicant shall obtain the required building permits for the reassembly of the fuel canopy and kiosk within thirty (30) days of the issuance of No Further Action from the State Water Resources Control Board.
Conclusion
The applicant was unable to safely remediate the soil contamination on-site without disturbing the fuel canopy and kiosk. The extent of the soil contamination is at a stage where it must be remediated before it becomes a substantial public health risk. The City has worked with the applicant to develop a plan that will allow the site to be cleaned and guarantees for the restoration of the fuel canopy and kiosk to its current form.
ENVIRONMENTAL REVIEW
The project is Categorically Exempt from additional environmental review pursuant to California Environmental Quality Act (CEQA) Guidelines, Sections 15301 - Existing Facilities, 15304 - Minor Alterations to Land, 15330 - Minor Actions to Prevent, Minimize, Stabilize, Mitigate or Eliminate the Release or Threat of Release of Hazardous Waste or Hazardous Substances, and 15331 - Historic Resource Restoration/Rehabilitation.
PUBLIC NOTICE
This agenda item was advertised in the Alameda Sun and public notices were distributed to property owners within 300 feet of the project site as required by the AMC. No comments were received by staff at the time this report was written.
RECOMMENDATION
Find the proposed project exempt from CEQA and approve the Certificate of Approval with findings and conditions set forth in the Draft Resolution (Exhibit 3).
RESPECTFULLY SUBMITTED BY:
David Sablan, AICP
Planner II
Exhibits:
1. Scope of Work
2. September 9, 2018 Memo from Applicant
3. Draft Resolution
Minor, Woodruff (2006), Taking Care of Business: Historical Commercial Buildings of the Island City. Alameda, CA: Alameda Museum