Draft Phase I ESALO
CORNERSTONE
. EARTH GROUP
TYPE OF SERVICES
LOCATION
CLIENT
PROJECT NUMBER
DATE
Phase I Environmental Site Assessment
Vallco Special Area Specific Plan Parcels
Cupertino, California
David J. Powers & Associates
118-71-2
February 26, 2018
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Type of Services
Location
Client
Client Address
Project Number
Date
Phase I Environmental Site Assessment
Vallco Special Area Specific Plan Parcels
Cupertino, California
David J. Powers & Associates
1871 The Alameda, Suite 200
San Jose, California 95126
118-71-2
February 26, 2018
Prepared by Stason I. Foster, P.E.
Senior Project Engineer
Ron L. Helm, C.E.G.
Senior Principal Geologist
1259 Cakmead Parkway I Sunnyvale, CA 94085
T 408 245 4500 1 F 408 245 4620
1270 Springbrook Road, Suite 101 1 Walnut Creek, CA 94597
T 925 988 9500 1 F 925 988 9501
www.cornerstoneearth.com 0
C CORNERSTONE
EARTH GROUP
Table of Contents
SECTION 1: INTRODUCTION........................................................................................1
1.1 PURPOSE.............................................................................................................1
1.2 BACKGROUND....................................................................................................1
1.3 SCOPE OF WORK................................................................................................3
1.4 ASSUMPTIONS....................................................................................................3
1.5 ENVIRONMENTAL PROFESSIONAL..................................................................3
SECTION 2: SITE DESCRIPTION..................................................................................4
2.1 LOCATION AND OWNERSHIP............................................................................4
2.2 CURRENT/PROPOSED USE OF THE PROPERTY.............................................4
2.3 SITE SETTING AND ADJOINING PROPERTY USE............................................5
SECTION 3: USER PROVIDED INFORMATION............................................................5
3.1 ENVIRONMENTAL LIENS OR ACTIVITY AND USE LIMITATIONS ....................5
3.2 SPECIALIZED KNOWLEDGE AND/OR COMMONLY KNOWN OR
REASONABLY ASCERTAINABLE INFORMATION..................................................5
3.3 DOCUMENTS PROVIDED BY DAVID J. POWERS & ASSOCIATES..................6
3.3.1 Reported Site History...................................................................................6
3.3.2 Reported Hazardous Materials Use.............................................................6
SECTION 4: RECORDS REVIEW..................................................................................8
4.1 STANDARD ENVIRONMENTAL RECORD SOURCES........................................8
4.1.1 On -Site Database Listings............................................................................8
4.1.2 Nearby Spill Incidents..................................................................................9
4.1.3 Further Review of Database Listings..........................................................9
4.2 ADDITIONAL ENVIRONMENTAL RECORD SOURCES....................................13
4.2.1 City and County Agency File Review........................................................13
SECTION 5: PHYSICAL SETTING...............................................................................16
5.1 RECENT USGS TOPOGRAPHIC MAP..............................................................16
5.2 HYDROGEOLOGY.............................................................................................16
SECTION 6: HISTORICAL USE INFORMATION.........................................................16
6.1 HISTORICAL SUMMARY OF SITE....................................................................16
6.2 HISTORICAL SUMMARY OF SITE VICINITY.....................................................17
SECTION 7: SITE RECONNAISSANCE.......................................................................17
7.1 METHODOLOGY AND LIMITING CONDITIONS................................................17
7.2 OBSERVATIONS................................................................................................18
7.2.1 Site Photographs........................................................................................21
SECTION 8: ENVIRONMENTAL QUESTIONNAIRE AND INTERVIEWS ....................26
8.1 ENVIRONMENTAL QUESTIONNAIRE / OWNER INTERVIEW ..........................26
8.2 INTERVIEWS WITH PREVIOUS OWNERS AND OCCUPANTS ........................26
SECTION 9: FINDINGS, OPINIONS AND CONCLUSIONS (WITH
RECOMMENDATIONS)................................................................................................26
9.1 HISTORICAL SITE USAGE................................................................................26
9.2 CHEMICAL STORAGE AND USE......................................................................27
9.3 AGRICULTURAL USE........................................................................................27
9.4 UNDERGROUND STORAGE TANKS................................................................28
9.5 OIL -WATER SEPARATORS AND ACID NEUTRALIZATION CHAMBER .........28
9.6 HYDRAULIC LIFTS............................................................................................29
9.7 LEAD-BASED PAINT AND TERMITE CONTROL PESTICIDES ........................29
9.8 IMPORTED SOIL................................................................................................29
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9.9 POTENTIAL ENVIRONMENTAL CONCERNS WITHIN THE SITE VICINITY..... 29
9.10 GROUND WATER MONITORY WELLS...........................................................29
9.11 FACILITY CLOSURE........................................................................................30
9.12 SITE MANAGEMENT PLAN.............................................................................30
9.13 ASBESTOS CONTAINING BUILDING MATERIALS (ACBMS) .......................30
9.14 DATA GAPS.....................................................................................................30
9.15 DATA FAILURES..............................................................................................30
9.16 RECOGNIZED ENVIRONMENTAL CONDITIONS............................................31
SECTION 10: LIMITATIONS........................................................................................32
FIGURE 1 - VICINITY MAP
FIGURE 2 - SITE PLAN
APPENDIX A - DATABASE SEARCH REPORT
APPENDIX B - HISTORICAL AERIAL PHOTOGRAPHS AND MAPS
APPENDIX C - LOCAL STREET DIRECTORY SEARCH RESULTS
APPENDIX D - QUESTIONNAIRE
APPENDIX E - PRIOR REPORTS
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Type of Services
Location
SECTION 1: INTRODUCTION
Phase I Environmental Site Assessment
Vallco Special Area Specific Plan Parcels
Cupertino, California
This report presents the results of the Phase I Environmental Site Assessment (ESA) performed
for the Vallco Special Area Specific Plan Parcels in Cupertino, California (Site) as shown on
Figures 1 and 2. This work was performed for David J. Powers & Associates in accordance with
our January 8, 2018 Agreement (Agreement).
1.1 PURPOSE
The scope of work presented in the Agreement was prepared in general accordance with ASTM
E 1527-13 titled, "Standard Practice for Environmental Site Assessments: Phase I
Environmental Site Assessment Process" (ASTM Standard). The ASTM Standard is in general
compliance with the Environmental Protection Agency (EPA) rule titled, "Standards and
Practices for All Appropriate Inquiries; Final Rule" (AAI Rule). The purpose of this Phase I ESA
is to strive to identify, to the extent feasible pursuant to the scope of work presented in the
Agreement, Recognized Environmental Conditions at the property.
As defined by ASTM E 1527-13, the term Recognized Environmental Condition means the
presence or likely presence of any hazardous substances or petroleum products in, on, or at a
property: (1) due to any release to the environment; (2) under conditions indicative of a release
to the environment; or (3) under conditions that pose a material threat of a future release to the
environment. De minimis conditions are not Recognized Environmental Conditions.
Cornerstone Earth Group, Inc. (Cornerstone) understands that David J. Powers & Associates is
assisting the City of Cupertino in the preparation of an Environmental Impact Report (EIR) to
study the environmental effects of potential development at the Site in compliance with the
California Environmental Quality Act (CEQA). We performed this Phase I ESA to support David
J. Powers & Associates in evaluation of Recognized Environmental Conditions at the Site. This
Phase I ESA is intended to reduce, but not eliminate, uncertainty regarding the potential for
Recognized Environmental Conditions at the Site.
1.2 BACKGROUND
The City of Cupertino is organized into 21 General Plan "Planning Areas," consisting of nine
"Special Areas" and 12 "Neighborhoods." The project Site is the Vallco Shopping District Special
Area (Vallco Special Area). The Site comprises approximately 70 acres, approximately 58
acres of which are developable. Most of the Site (approximately 50 acres) currently is
developed with the Vallco Shopping Mall and associated parking facilities, and the remaining
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acres are developed roadways, a 148 -room hotel (currently under construction), and a surface
parking lot.
The City of Cupertino is currently undertaking a community-based planning process to develop a
Specific Plan for the Vallco Special Area. As defined in by state Government Code §65450, a
specific plan is a tool for the systematic implementation of the general plan. It establishes a link
between implementing policies of the general plan and the individual development proposal(s) in
a defined area. Consistent with the adopted General Plan, the proposed Specific Plan would
facilitate the development of 600,000 square feet of commercial uses, 2 million square feet of
office uses, 339 hotel rooms, and 800 residential dwelling units on -Site. The Specific Plan could
also include a 30 -acre green roof and 65,000 square feet of civic spaces. The civic uses could
include governmental uses and community meeting space. It is envisioned that 10,000 square
feet of the 65,000 square feet of civic space would be for Science, Technology, Engineering, and
Mathematics (STEM) lab use. The locations of the proposed land uses have not been finalized,
and therefore, it is assumed that the uses could be placed anywhere within the Site. The City is
considering three alternatives to the proposed Specific Plan and this report addresses the impacts
of the proposed Specific Plan and Alternatives, described in the Table 1, below.
Table 1. Summary of Project and Project Alternative Development
Land Uses
Commercial
Office
Hotel
Residential
Green
Civic
(square
(square
(rooms)
(dwelling
Roof
Space
footage)
footage)
units)
(acres)
(square
feet)
65,000
(10,000
Proposed
600,000
2,000,000
339
800
30
of which
Specific Plan
would be
for STEM
lab use)
Project Alternatives
General Plan
65,000
Buildout with
(10,000
Maximum
600,000
1,000,000
339
2,640
30
of which
Residential
would be
Alternative
for STEM
lab use)
Retail and
Residential
600,000
0
339
4,000
0
0
Alternative
Occupied/Re-
Tenanted Mall
1,207,774
0
148
0
0
0
Alternative
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It is anticipated that the Specific Plan could be constructed over 10 years. All existing
improvements on -Site would be demolished. Demolition materials including concrete, asphalt,
and base rock may be recycled and reused on -Site. The Site elevations would generally follow
the existing topography in order to minimize grading, excavation, and reworking of the existing
roadways. The maximum depth of excavation for the below -ground parking structures would be
approximately 20 to 30 feet. It is anticipated that approximately 2 million cubic yards of soil
would be excavated and hauled off -Site.
1.3 SCOPE OF WORK
As presented in our Agreement, the scope of work performed for this Phase I ESA included the
following:
■ A reconnaissance of the Site to note readily observable indications of significant
hazardous materials releases to structures, soil or ground water.
■ Drive-by observation of adjoining properties to note readily apparent hazardous
materials activities that have or could significantly impact the Site.
■ Acquisition and review of a regulatory agency database report of public records for the
general area of the Site to evaluate potential impacts to the Site from reported
contamination incidents at nearby facilities.
■ Review of readily available information on file at selected governmental agencies to help
evaluate past and current Site use and hazardous materials management practices.
■ Review of readily available maps and aerial photographs to help evaluate past and
current Site uses.
■ Interviews with persons reportedly knowledgeable of existing and prior Site uses.
■ Preparation of a written report summarizing our findings and recommendations.
The limitations for the Phase I ESA are presented in Section 10.
1.4 ASSUMPTIONS
In preparing this Phase I ESA, Cornerstone assumed that all information received from
interviewed parties is true and accurate. In addition, we assumed that all records obtained by
other parties, such as regulatory agency databases, maps, related documents and
environmental reports prepared by others are accurate and complete. We also assumed that
the boundaries of the Site, based on information provided by David J. Powers & Associates, are
as shown on Figure 2. We have not independently verified the accuracy or completeness of
any data received.
1.5 ENVIRONMENTAL PROFESSIONAL
This Phase I ESA was performed by Stason I. Foster, P.E. and Ron L. Helm, C.E.G.,
Environmental Professionals who meet the qualification requirements described in ASTM E
1527-13 and 40 CFR 312 § 312.10 based on professional licensing, education, training and
experience to assess a property of the nature, history and setting of the Site.
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SECTION 2: SITE DESCRIPTION
This section describes the Site as of the date of this Phase I ESA. The location of the Site is shown
on Figures 1 and 2. Tables 1 through 3 summarize general characteristics of the Site and adjoining
properties. The Site is described in more detail in Section 7, based on our on -Site observations.
2.1 LOCATION AND OWNERSHIP
Table 2 describes the physical location, and ownership of the property, based on information
provided by David J. Powers & Associates. The Site is located in the City of Cupertino on both
sides of North Wolfe Road between Vallco Parkway and Interstate 280 (1-280) on the east side
and between Stevens Creek Boulevard and 1-280 on the west side. An enclosed, pedestrian
bridge connects the mall buildings on the east and west sides of North Wolfe Road.
Table 2. Location and Ownership
Assessor's
Parcel No. (APN)
Address Owner
Approximate
Lot Size (acres)
316-20-080
10101 N. Wolfe Road, and 19621
and 19623 Stevens Creek Blvd. Vallco Property Owner, LLC
10101 N. Wolfe Road (Sand Hill Property Company)
12.58
316-20-081
3.73
316-20-088
10333 N. Wolfe Road Simeon/Wolfe Properties
5.12
316-20-092
10380 Perimeter Road KCR Development
2.12
316-20-094
10150 N. Wolfe Road
10123 N. Wolfe Road
10330 N. Wolfe Road
10123 N. Wolfe Road
10123 and 10133 N. Wolfe Road Vallco Property Owner, LLC
NA (Sand Hill Property Company)
10343 N. Wolfe Road
10123 N. Wolfe Road
10123 N. Wolfe Road
10123 N. Wolfe Road
9.98
316-20-095
2.71
316-20-099
0.9
316-20-100
3.35
316-20-101
4.51
316-20-103
1.85
316-20-104
1.04
316-20-105
0.68
316-20-106
3.27
316-20-107
5.5
2.2 CURRENT/PROPOSED USE OF THE PROPERTY
The current and proposed uses of the property are summarized in Table 3.
Table 3. Current and Proposed Uses
Current Use
Vallco Shopping Mall, parking garages and at -grade parking lots, and
a hotel (currently under construction). Most mall tenant spaces are
vacant, except for an AMC movie theater, two restaurants (Dynasty
and Benihana), Bay Club fitness center, a bowling alley (Bowlmore)
and an ice skating rink Cupertino Ice Center).
Proposed Use
Mixed use development
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2.3 SITE SETTING AND ADJOINING PROPERTY USE
Based on our Site vicinity reconnaissance, the surrounding land uses include residential and
commercial uses to the west, 1-280 to the north (and hotel, residential, and office uses north of 1-
280), commercial, office, and residential mixed-use to the east, and commercial uses to the
south.
SECTION 3: USER PROVIDED INFORMATION
The ASTM standard defines the User as the party seeking to use a Phase I ESA to evaluate the
presence of Recognized Environmental Conditions associated with a property. For the purpose
of this Phase I ESA, the User is David J. Powers & Associates. The "All Appropriate Inquiries"
Final Rule (40 CFR Part 312) requires specific tasks be performed by or on behalf of the party
seeking to qualify for Landowner Liability Protection under CERCLA (i.e., the User).
Per the ASTM standard, if the User has information that is material to Recognized
Environmental Conditions, such information should be provided to the Environmental
Professional. This information includes: 1) specialized knowledge or experience of the User, 2)
commonly known or reasonably ascertainable information within the local community, and 3)
knowledge that the purchase price of the Site is lower than the fair market value due to
contamination. A search of title records for environmental liens and activity and use limitations
also is required.
3.1 ENVIRONMENTAL LIENS OR ACTIVITY AND USE LIMITATIONS
An environmental lien is a financial instrument that may be used to recover past environmental
cleanup costs. Activity and use limitations (AULs) include other environmental encumbrances,
such as institutional and engineering controls. Institutional controls (ICs) are legal or regulatory
restrictions on a property's use, while engineering controls (ECs) are physical mechanisms that
restrict property access or use.
The regulatory agency database report described in Section 4.1 did not identify the Site as
being in 1) US EPA databases that list properties subject to land use restrictions (i.e.,
engineering and institutional controls) or Federal Superfund Liens or 2) lists maintained by the
California Department of Toxic Substances Control (DTSC) of properties that are subject to
AULs or environmental liens where the DTSC is a lien holder.
ASTM E 1527-13 categorizes the requirement to conduct a search for Environmental Liens and
AULs as a User responsibility. A search of land title records for environmental liens and AULs
was not within the scope of the current Phase I ESA.
3.2 SPECIALIZED KNOWLEDGE AND/OR COMMONLY KNOWN OR REASONABLY
ASCERTAINABLE INFORMATION
Based on information provided by or discussions with David J. Powers & Associates, we
understand that David J. Powers & Associates does not have specialized knowledge or
experience, commonly known or reasonably ascertainable information regarding the Site, or
other information that is material to Recognized Environmental Conditions except for the
information contained in the provided reports described in Section 3.3.
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3.3 DOCUMENTS PROVIDED BY DAVID J. POWERS & ASSOCIATES
To help evaluate the presence of Recognized Environmental Conditions at the Site,
Cornerstone reviewed and relied upon the documents provided by David J. Powers &
Associates listed in Table 4. Please note that Cornerstone cannot be liable for the accuracy of
the information presented in these documents. ASTM E1527-13 does not require the
Environmental Professional to verify independently the information provided; the Environmental
Professional may rely on the information unless they have actual knowledge that certain
information is incorrect. A summary of the provided documents is provided below; please refer
to the original reports for complete details (Appendix E).
Table 4. Documents Reviewed
Date
Author
Title
May 5, 2006
Ceres Associates (Ceres)
Phase I Environmental Site Assessment
Update, Vallco Fashion Mall, 10123 North
Wolfe Road, Cupertino, California
January 7, 2014a
WSP Services, Inc. (WSP)
Phase I Environmental Site Assessment,
Vallco Fashion Mall, 10123 North Wolfe
Road, Cupertino, California 95014
June 26, 2014b
WSP Services, Inc.
Limited Phase I Environmental Site
Assessment of Sears/Bay Club Facilities in
the Vallco Shopping Center, Cupertino,
California.
January 11, 2016
WSP Services, Inc.
Updated Information to the January 7, 2014
Phase I Environmental Site Assessment of
Vallco Mall in Cupertino, California.
3.3.1 Reported Site History
Based on information contained in the provided prior reports, the Site historically was occupied
by farmhouses and used for agricultural purposes since at least 1939. A Sears department
store and an associated automotive center building reportedly were constructed on -Site by
1970, and the remaining Vallco mall structures were constructed between approximately 1974
and 1979. At the time of the Phase I ESA (WSP, 2014a), the shopping mall reportedly had
approximately 110 tenant spaces with a vacancy rate of approximately 38 percent. Macys,
Sears and JC Penney were listed as anchor tenants. Two detached on -Site buildings located
north of the shopping mall were occupied by restaurants (TGI Fridays and Alexander's
Steakhouse). The Mall reportedly underwent significant renovations in 1988 and 2006. In 2006,
two new parking structures were constructed, additional retail stores were added along the west
side of Wolfe Road, and the AMC movie theatre was added to the third level of the mail. In
2012, Sears renovated their store, and the Bay Club, a fitness facility, was established in the
southeast corner of the Sears building.
3.3.2 Reported Hazardous Materials Use
The various prior retail tenants and restaurants within the mall reportedly handled and stored a
variety of retail materials, products, and foodstuffs unique to their places of business. WSP
stated that no major quantities of chemicals or hazardous materials were stored on -Site at the
time of the Phase I ESA (2014a). Landscape maintenance was noted to be performed under a
contract with Petalon, and on -Site escalators and elevators were reported to be maintained
under a contract with KONE. A maintenance supply room was reported to contain a flammable
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materials storage cabinet containing numerous household size containers of paint, stains, and
lacquers, as well as other common maintenance supplies. The Phase I ESA (2014a) did not
identify any significant staining or stressed vegetation on -Site.
WSP indicated that although the Site is listed as being a RCRA small quantity generator of
hazardous waste, no hazardous wastes reportedly are routinely generated at the mall. WSP
stated that the listing likely resulted from previous tenants (Expressly Portraits, Fox Photo, Inc.,
Kits Camera, and The Picture People, Inc.) that were engaged in photo developing activities that
generated hazardous waste. Chemicals for treatment of water in a whirlpool were reportedly
stored on the portion of the rooftop above the Bay Club (WSP, 2014b). General solid wastes
and trash reportedly are disposed in dumpsters and compactors located on -Site. Various
materials are separated for recycling. The dumpsters and recyclable materials were noted to be
serviced by Recology.
Although the Sears Automotive Center currently is unoccupied, WSP reported that in 2014 bulk
product oil was stored in aboveground contained tanks within the eastern portion of the
Automotive Center building. Waste oils were contained within an aboveground storage tank
(AST), and several drums of oils and lubricants within containment were stored in the same
area. The Automotive Center was noted to store tires, batteries, and small quantities of retail
oils and lubricants in the basement. Hydraulic lifts were reported to be present within the
building, and several unidentified surface caps for access to potential below ground equipment
installations were noted by WSP in the paved parking area south of the Automotive Center
(these features were observed by Cornerstone to be located on the east side of the building and
are further discussed in Section 7.2).
Four gasoline and two motor oil underground storage tanks (USTs) reportedly were removed
from the Sears Automotive Center in 1985; associated dispenser islands and product lines were
removed from the Site in 1994. Additionally, a 350 -gallon diesel UST and a 350 -gallon waste oil
UST at JC Penney reportedly were removed from the Site in 1989. A 750 -gallon oil -water
separator at JC Penney also was closed in-place in 1994.
Following various soil and ground water quality studies, and soil removal activities, the leaking
underground storage tank (LUST) cases at JC Penney and Sears were closed by the Santa
Clara Valley Water District (SCVWD) in 1994 and 1999, respectively. WSP (2014a) concluded
that these LUST cases represent historical recognized environmental conditions (RECs), and
recommended that any future subsurface disturbance in the areas of the former LUSTS at the
Sears Automotive Center and the JC Penney locations should be performed with care with an
awareness of the past releases in these areas. The LUST cases and the Sears Automotive
Center area discussed further in subsequent sections of this Phase I ESA.
WSP (2014b), which focused on the Sears property, provided a similar recommendation and
stated that because of the former presence of the underground storage tanks, the hydraulic lifts
currently in use, and the possibility of underground installations, any future disturbance or
investigation in the area of the Sears Automotive Center (removal of the building and/or
excavation) should be performed with care and an awareness of the potential for petroleum or
chemical releases in these areas.
WSP (2016) indicated that the Sears retail operations and Automotive Center were closed and
vacated as of October 4, 2014, and that JC Penny was expected to close by April 2016. WSP
(2016) recommended that the closure activities of these premises be monitored and coordinated
with the Santa Clara Fire Department to ensure that no residual hazardous materials or
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contaminants remain following closure. Any remaining ground water monitoring wells or other
subsurface sumps/separators should be properly abandoned or removed as part of the closure
activities. The preparation of a Soil Management Plan for all redevelopment activities was
additionally recommended to provide the protocols for proper sampling, handling, and reuse or
disposal of excavated soils, and screening of imported fill materials before their import or use on
the property.
SECTION 4: RECORDS REVIEW
4.1 STANDARD ENVIRONMENTAL RECORD SOURCES
Cornerstone conducted a review of federal, state and local regulatory agency databases
provided by Environmental Data Resources (EDR) to evaluate the likelihood of contamination
incidents at and near the Site. The database sources and the search distances are in general
accordance with the requirements of ASTM E 1527-13. A list of the database sources
reviewed, a description of the sources, and a radius map showing the location of reported
facilities relative to the project Site are attached in Appendix A.
The purpose of the records review was to obtain reasonably available information to help
identify Recognized Environmental Conditions. Accuracy and completeness of record
information varies among information sources, including government sources. Record
information is often inaccurate or incomplete. The Environmental Professional is not obligated
to identify mistakes or insufficiencies or review every possible record that might exist with the
Site. The customary practice is to review information from standard sources that is reasonably
available within reasonable time and cost constraints.
4.1.1 On -Site Database Listings
Several past Site occupants were listed on various regulatory agency databases. The listings
appear generally consistent with the reported history and past occupancy of the Site as
summarized in Section 3.3. Sears Automotive Center and JC Penney were listed as closed
LUST cases, and on other databases related to the use and storage of hazardous materials.
Sears was identified on the Statewide Environmental Evaluation and Planning System
(SWEEPS) UST database, which lists seven USTs at Sears including four gasoline and two
motor oil USTs, and a 1,000 gallon waste oil UST. As previously discussed, four gasoline and
two motor oil USTs were removed in 1985; the 1,000 gallon waste oil UST is not discussed in
the SCVWD case closure documents. Sears Automotive Center also was listed on a County
database of facilities that operate ASTs; a total AST capacity of 1,800 gallons was noted.
Vallco Fashion Park was listed in the California Hazardous Material Incident Report System
(CHMIRS) database, which contains information on reported hazardous material incidents
(accidental releases or spills). The listing indicates that 18 gallons of non -PCB mineral oil was
released to on -Site pavements and a storm drain in 1999 as a result of a traffic accident
involving a PG&E vehicle that was transporting a transformer. The spill reportedly was
contained and cleaned. A second CHMIRS listing indicates that 50 gallons of hydraulic fluid
were released to grease traps and possible to the sanitary sewer in 2014. The spill reportedly
was contained and cleaned. These incidents appear unlikely to have significantly impacted the
Site.
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Macy's additionally was listed in the CHMIRS database and on the Emergency Response
Notification System (ERNS) database resulting from a reported 1 gallon spill of mineral oil from
a failed PG&E transformer in 1999. The spill was noted to have been cleaned by the
responsible party. Ceres (2006) stated that PG&E indicated that PCBs were removed from
transformers in the area in the late 1970s and early 1980s. However, the ERNS listing identifies
the material spilled at "Oil, Misc: Transformer (PCB: 92 ppm)." The ERNS listing additionally
indicates that contaminated soil was removed. Based on the reported small volume of oil spilled
and the report that impacted soil was removed, this incident appears unlikely to have
significantly impacted the Site.
Expressly Portraits was listed on the ERNS database resulting from a spill in 1996 of liquid
waste containing silver (5 gallons) into secondary containment. This incident appears unlikely
to have significantly impacted the Site.
Macy's and JC Penney also were listed on the Emissions Inventory (EMI) database, which
contains toxics and criteria pollutant emissions data collected by the California Air Resources
Board and local air pollution agencies. These listings appear likely to have been associated
with the operation of diesel fueled emergency generators at these businesses.
Vallco Shopping Mall, JC Penney, Macy's, R Jacobs Group, Bath & Body Works, Ice Center
Enterprises, Fox Photo, Kits Camera, Expressly Portraits and The Picture People were
identified at the Site addresses on the HAZNET database, which contains data extracted from
the copies of hazardous waste manifests received each year by the DTSC. Listed wastes
disposed from the Site were categorized as other organic solids, laboratory waste chemicals,
material containing PCBs, unspecified organic liquid mixture, latex waste, oxygenated solvents,
inorganic solid waste, asbestos containing waste, unspecified alkaline solution, oil -containing
waste, metal sludge and photochemical/photoprocessing waste.
Kits Camera, The Picture People, Sears and Vallco Fashion Park were identified on a Resource
Conservation and Recovery Act (RCRA) database as Small Quantity Generators (SQGs) of
hazardous waste. No violations were noted.
4.1.2 Nearby Spill Incidents
Based on the information presented in the agency database report, no nearby off -Site spill
incidents were reported that appear likely to significantly impact soil, soil vapor or ground water
beneath the Site. The potential for impact was based on our interpretation of the types of
incidents, the locations of the reported incidents in relation to the Site and the assumed ground
water flow direction.
4.1.3 Further Review of Database Listings
To obtain additional information regarding the on -Site LUST cases at the Sears Automotive
Center and JC Penney, a cursory review of readily available documents obtained from the state
Geotracker (http://geotracker.waterboards.ca.gov) databases was performed. Geotracker is a
database and geographic information system (GIS) that provides online access to
environmental data. It tracks regulatory data about leaking underground storage tank (LUST),
Department of Defense, Site Cleanup Program and Landfill sites.
Brief summaries of the Sears Automotive Center and JC Penney LUST cases are presented
below.
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4.1.3.1 JC Penney Store No. 427, 10150 Wolfe Road
Two 350 gallon diesel USTs and one 500 gallon waste oil UST were previously located on -Site.
The first diesel UST was used for several years and then abandoned in place in 1985 when a
leak was suspected. The second diesel UST was installed adjacent to the first UST within a 4 -
inch thick concrete vault in 1985. In 1989, water was observed in the second UST, and it was
taken out of service. The 500 gallon waste oil UST presumably was used until 1985, when the
associated JC Penney automotive maintenance facility ceased operations.
The three USTs were emptied, excavated, and removed in 1989. Soil samples collected
directly beneath the diesel tanks contained Total Petroleum Hydrocarbons as diesel (TPHd) at
concentrations up to 6,600 milligrams per kilogram (mg/kg). Soil samples collected from
beneath the waste oil UST contained TPH as oil (TPHo) at concentrations up to 1,400 mg/kg
and TPH as diesel at concentrations up to 71 mg/kg. The Water Board's Tier 1 Environmental
Screening Levels (ESLs)' for TPHd and TPHo are 230 mg/kg and 5,100 mg/kg, respectively.
Soil removal reportedly was subsequently performed at each UST excavation. Approximately
78 tons of soil were removed from the diesel UST excavation; TPHdreportedly was not detected
above laboratory reporting limits in confirmation soil samples collected after soil removal.
Approximately 225 tons of soil were removed from the waste oil UST excavation; one soil
sample collected at an approximate depth of 8 feet in the waste oil UST excavation contained
total oil and grease (TOG) at a concentration of 3,800 mg/kg. Analyses of other confirmation
soil samples collected from the waste oil tank excavation contained TOG at up to 110 mg/kg
and TPHd at up to 14 mg/kg. During removal of the waste oil UST, an oil/water separator was
observed along the south wall of the excavation. The oil/water separator was not removed due
to concerns for the structural integrity of the nearby building. Analyses of soil samples collected
below the separator reportedly did not detect TPHg, TPHd, TOG or BTEX compounds. In 1994,
the 750 gallon separator was steam cleaned and closed in place by filling it with cement grout
under County Fire Department oversight.
A ground water monitoring well (MW -1) was installed in 1990 near the excavations. TPHd was
detected at concentrations at up to 0.2 milligrams per liter (mg/L) in ground water samples
collected from MW -1 in 1990; its ground water ESL is 0.1 mg/L. Three additional ground water
monitoring wells (MW -2, 3 and 4) were installed later in 1990, and a ground water monitoring
program was implemented between 1990 and 1993. Analyses of ground water samples
collected during 1992 and 1993 typically did not detect TPHd or benzene, toluene, ethylbenzene
or xylenes (BTEX) compounds at concentrations exceeding their respective laboratory reporting
limits. Ground water was reported at depths between approximately 120 and 140 feet. A
perched water bearing zone also was noted between depths of approximately 80 and 95 feet;
this zone reportedly was not consistently encountered at the Site.
In 1992, supplemental investigations were performed to evaluate soil quality relating to the
removed diesel and waste oil USTs. One boring was advanced to an approximate depth of 115
feet in the vicinity of the former diesel USTs. Soil samples from various depths were analyzed
1 Environmental Screening Levels (San Francisco Bay, Regional Water Quality Control Board, February 2016) are used to screen
sites for potential human health concerns where releases of hazardous chemicals to soil have occurred. ESLs are risk-based
concentrations derived from standardized equations combining exposure information assumptions with toxicity data. Under most
circumstances, the presence of a chemical in soil at concentrations below the corresponding screening level can be assumed not to
pose a significant health risk.
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for TPHd and BTEX compounds; these compounds were not detected above laboratory
reporting limits. Nine borings were advanced in the vicinity of the former waste oil UST.
Selected soil samples from the nine borings were analyzed for TOG, total recoverable
petroleum hydrocarbons (TRPH), TPHd, TPH as gasoline (TPHg), and BTEX compounds. TOG
was detected in soil samples at concentrations up to 4,010 mg/kg. TRPH was detected in one
soil sample at a concentration of 240 mg/kg. The TOG concentrations detected were
significantly higher than TRPH detections, which potentially may indicate that a large portion of
the detected TOG concentrations may be caused by naturally occurring organic matter, not by
the petroleum releases from the removed USTs.
The SCVWD stated that it appears that the extent of soil contamination has been sufficiently
defined and that contaminated soil has been effectively removed, with the exception of 3,800
mg/kg of TOG detected in the sidewall of the waste oil UST excavation. The SCVWD also
stated that the residual soil contamination does not appear to pose a significant threat to ground
water. The SCVWD issued a case closure letter in September 1994. The case closure letter
noted that Water District Ordinance 90-1 requires that the four ground water monitoring wells be
properly destroyed when they are no longer in use.
4.1.3.2 Sears Automotive Center, 10101 North Wolfe Road
In 1985, two 12,000 gallon gasoline USTs, two 5,000 gallon gasoline USTs, and two 550 gallon
oil USTs were removed from the Site. Soil samples were collected from the edge of the
concrete UST anchoring slabs (four samples from the gasoline UST excavation and one sample
from the oil UST excavation). Laboratory reports were not available within the records
reviewed; however, hand written notes indicate that 4.7 and 19.6 mg/kg were detected in two
soil samples from the gasoline UST excavation (14 foot depth). These concentrations
presumably represent TPHg; the specific analyses conducted were not described.
In October 1994, the dispenser islands, product piping and vent lines associated with the
gasoline USTs were removed. Subsequent soil sampling revealed petroleum hydrocarbon
contamination above laboratory reporting limits in 5 of 20 soil samples collected from the
gasoline UST piping area and in 4 of 5 soil samples collected from the oil UST piping area.
■ TPHg was detected above laboratory reporting limits in 3 of 25 soil samples analyzed at
concentrations ranging between 25 mg/kg and 3,000 mg/kg. The detected
concentrations of TPHg exceeded the Water Board's Tier 1 ESL for TPHg (100 mg/kg)
in 1 of the 25 samples (sample 2AST).
Benzene was detected above laboratory reporting limits in 5 of 25 soil samples at
concentrations ranging between 0.009 mg/kg and 2.4 mg/kg. The detected
concentrations of benzene exceeded its residential DTSC-SL2 (0.33 mg/kg) in 1 of the
25 samples (sample 2AST).
■ TRPH was detected above laboratory reporting limits in 4 of 5 soil samples analyzed at
concentrations ranging between 1 mg/kg and 1,300 mg/kg. The detected
2 BTEX concentrations were compared to screening levels established by the California Department of Toxic
Substances Control (DTSC) Human and Ecological Risk Office (HERO) (DTSC-SLs, January 2018). As
recommended by the DTSC, US EPA Regional Screening Levels (RSLs) were used for analytes for which no DTSC-
SLs have been established.
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concentrations of TRPH do not exceeded the Water Board's Tier 1 ESL for TRPH of
5,100 mg/kg.
■ Toluene was detected in 4 of 25 soil samples at up to 16 mg/kg, which does not exceed
the residential DTSC-SL (1,100 mg/kg).
■ Ethylbenzene was detected in 3 of 25 soil samples at up to 23 mg/kg. The detected
concentrations of ethylbenzene exceeded its residential RSL (5.8 mg/kg) in 1 of 25 soil
samples (sample 2AST).
Xylenes were detected in 3 of 25 soil samples at up to 150 mg/kg, which does not
exceed the residential RSL (580 mg/kg).
In November 1994, approximately 4.5 cubic yards of soil reportedly was removed from the
location of sample (2AST) in which the greatest concentrations of TPHg, benzene and
ethylbenzene were previously reported. Analyses of a second samples collected following the
soil removal work did not detect TPHg or BTEX compounds.
At the request of the SCVWD, a supplemental investigation was performed in 1999 to assess
the potential for ground water contamination from the removed USTs. Seven direct push
borings were advanced to approximate depths of 22 to 44 feet. Soil samples were collected,
and the deepest sample from each boring was submitted for laboratory analysis. Low
concentrations of ethylbenzene and xylenes (below their respective residential RSLs) were
detected in one soil sample; benzene, toluene, TPHg, and Methyl tert Butyl Either (MtBE)/fuel
oxygenates were not detected above their respective laboratory reporting limits. Ground water
was not encountered. One of the seven borings (GP -6) was advanced near the location of
former sample (2AST) in which the greatest concentrations of TPHg, benzene and
ethylbenzene were previously reported. These analytes were not detected in the soil sample
analyzed from GP -6 collected from a depth of 22 feet.
In December 1999, the SCVWD issued a case closure letter indicating that no further action
related to the UST release is required.
Note that the UST removal report (Blain Tech Services, 1985) and the SCVWD case closure
summary (1999) indicate that the two 550 gallon USTs contained new motor oil, which also is
consistent with the SWEEPS UST database listings and a building plan reviewed by
Cornerstone at the County Fire Department. As discussed below in Section 4.2, the building
plan depicts two adjacent 5003 gallon new oil USTs and a nearby 1,000 gallon waste oil UST.
Some reports prepared subsequent to the 1985 UST removals, however, depict one of the 550
gallon USTs as having contained waste oil, which appears to be incorrect. As previously noted,
the 1,000 gallon waste oil UST is not discussed in the SCVWD case closure documents.
Additionally, inspection notes from October 1994 prepared by the County Fire Department
indicate that two 1'/2 inch diameter oil pipes and a 3 inch diameter waste oil pipe were pressure
tested and subsequently abandoned in place by filling them with concrete. These pipes
presumably lead to the waste oil and two new oil USTs that were located on the west side of the
building.
3 These appear to have been referenced as 550 gallons in the UST removal documents and subsequent reports.
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4.2 ADDITIONAL ENVIRONMENTAL RECORD SOURCES
The following additional sources of readily ascertainable public information for the Site also
were reviewed during this Phase I ESA.
4.2.1 City and County Agency File Review
Cornerstone requested available files pertaining to the Site at the following public agencies: the
Cupertino Building Department, Santa Clara County Fire Department (FD), and the Santa Clara
County Department of Environmental Health (DEH).
The building department files contained a very large volume of records pertaining to the Site
that appeared to be related mainly to tenant improvement conducted by occupants of the mall.
No records indicative of Recognized Environmental Conditions were readily apparent within the
Building Department files; however, due to the large volume of records, only a cursory review
was feasible within the time and budget constraints of this Phase I ESA.
The information reviewed at the FD and DEH that pertains to hazardous material use and
storage at the Site is summarized in Table 5.
Table 5. File Review Information
Agency
Name
Date
Occupant
Remarks
10101 North Wolfe Road
FD
1969
Sears Auto
Building plans depict several features associated with the
Center
auto center building including 1) two adjacent 500 gallon
new oil USTs and a nearby 1,000 gallon waste oil UST
located west of the building, 2) a sump pump in the
southwest corner of the building's basement, 3) multiple
hydraulic vehicle lifts, 4) a battery storage room with drains
leading to a below ground neutralization chamber located
east of the building, 5) a below ground sand and grease
interceptor located east of the building, 6) grease, oil and
transmission fluid distribution piping throughout the interior
of the building, 7) an elevator within the southeast portion of
the building, and 8) two 10HP air compressors within the
northeast corner of the basement.
FD
1986
Sears
A contract dated June 12, 1986 between Sears, Roebuck
and Company and K. E. Curtis Construction Company for the
removal of a 500 gallon UST. No details regarding the
contents or location of the UST were described in the
contract.
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Table 5 (Continued). File Review Information
Agency
Name
Date
Occupant
Remarks
10101 North Wolfe Road
FD
Various
Sears Auto
Hazardous materials inventories indicate that various
Center
automotive related hazardous materials were stored on -Site
included oils, transmission fluid, brake fluid, antifreeze, lead -
acid batteries, and refrigerants, among others. These
materials were noted to be contained in drums and ASTs.
Wastes generated at the site were noted to include waste
oil, waste gasoline, used oil filters, used batteries, waste
antifreeze, and waste from a below grade oil/water
separator, among others.
DEH
1991, 1993,
Sears Auto
Inspection reports noting multiple violations including
1999, 2003,
Center
unlabelled waste containers, open containers, improper
2007 and
recordkeeping, improper management of lead wheel
2010
weights, lack of proper training and lack of secondary
containment.
The presence of an oil/water separator is noted that
reportedly was connected to four floor drains within the auto
service shop.
A spill of hydraulic oil was noted near a dumpster on the
west side of the facility in 1991. Cleanup was required. In
1999, an area of etched concrete and chemical residue from
"battery acid and neutralizing" was noted outside of a
service bay.
FD
1996-1999
Jiffy Lube
Jiffy Lube is noted to have operated within the northern
portion of the auto service building between 1996 and 1999.
The facility is noted to have used seven ASTs with
capacities between 150 and 500 gallons for storage of motor
oils, transmission fluid, antifreeze, used oil and used
antifreeze.
DEH
2004 and
Sears Auto
Chemical inventories. Listed items are generally consistent
2007
Center
with FD records summarized above.
FD
2012-2015
Bay Club
Pool treatment chemicals (calcium hypochlorite and muriatic
acid) were noted to be stored in a roof -top shed.
10333 North Wolfe Road
FD
1998-2012
Macy's
Permits and correspondence indicate that a diesel fueled
emergency generator with a 75 gallon double walled AST
was present on the building roof.
DEH
2004
Macy's
Hazardous waste inventory listing broken and damaged
cosmetic products.
DEH
2008
Macy's
Inspection report noting violations including an unlabeled
waste drum and lack of proper recordkeepin .
DEH
2014
Macy's
Hazardous waste inventory listing returned/expired cosmetic
waste and fragrances.
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Table 5 (Continued). File Review Information
Agency
Name
Date
Occupant
Remarks
10150 North Wolfe Road
FD
1998-2012
JC Penney
Inspection reports and chemical inventories document the
presence of a diesel fueled emergency generator with a 25
gallon, double walled AST located on the second floor within
the eastern portion of the building. Diesel also was noted to
be stored within a double contained 55 -gallon drum in 1998.
Refrigerants (Freon 11), cooling water treatment products
(corrosion inhibitors), miscellaneous maintenance and
custodial products, and paints also were noted to be
present.
DEH
2012 and
JC Penney
Chemical inventories listing diesel fuel (150 gallons), along
2016
with unspecified corrosives, aerosols, flammables, oxidizers,
paints and maintenance products, among others. Waste
bulbs, batteries and non -PCB ballasts were noted to be
generated.
10123 North Wolfe Road
FD and
1991-2016
Vallco
Permits, inspection reports and chemical inventories
DEH
document the presence of a diesel fueled emergency
generator with a 170 gallon, double walled AST located in a
generator room.
DEH
1992, 1993,
Expressly
Inspection reports indicate that the facility generated waste
1996, 1999
Portraits
photo processing chemicals. Violations associated with
and 2001
recordkee in , training and container labeling were noted.
FD
1993-2008
Ice Chalet
Chemical inventories document the presence of Freon 22
10,000 cubic feet and refrigerant oil 600 gallons).
FD
1993-2001
Kits Cameras/
Chemical inventories document the presence photo
Ritz Cameras/
processing chemicals (fixers, stabilizers and developers,
Expressly
etc.).
Portraits
DEH
2003
The Picture
Inspection report and correspondence indicate that the
People
facility generated waste photo processing chemicals (705
gallons in 2003). Violations associated with recordkeeping
were noted.
DEH
2014
Vallco Mall
Various correspondence indicate that a fire in an elevator
pump room on the third floor was extinguished by sprinklers
and resulted in oily water being discharged in the vicinity of
the pump room and to underlying areas on the second and
first floors. It was reported that no impacts to soil or storm
drains occurred, and that the release was cleaned up by a
restoration contractor.
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SECTION 5: PHYSICAL SETTING
We reviewed readily available geologic and hydrogeologic information to evaluate the likelihood
that chemicals of concern released on a nearby property could pose a significant threat to the
Site and/or its intended use.
5.1 RECENT USGS TOPOGRAPHIC MAP
A 1995 USGS 7.5 minute topographic map was reviewed to evaluate the physical setting of the
Site. The Site's elevation ranges from approximately 175 to 195 feet above mean sea level;
topography in the vicinity of the Site slopes downward gently to the northeast towards the San
Francisco Bay.
5.2 HYDROGEOLOGY
During prior studies at JC Penney, ground water was reported at depths between approximately
120 and 140 feet. A perched water bearing zone also was noted between depths of
approximately 80 and 95 feet; this zone reportedly was not consistently encountered at the Site.
Based on information presented in the California Geotracker database pertaining to nearby
properties, ground water depths between approximately 70 and 90 feet have been reported in
the Site vicinity. Regionally, ground water likely flows to the northeast.
SECTION 6: HISTORICAL USE INFORMATION
The objective of the review of historical use information is to develop a history of the previous
uses of the Site and surrounding area in order to help identify the likelihood of past uses having
led to Recognized Environmental Conditions at the property. The ASTM standard requires the
identification of all obvious uses of the property from the present back to the property's first
developed use, or back to 1940, whichever is earlier, using reasonably ascertainable standard
historical sources.
6.1 HISTORICAL SUMMARY OF SITE
The historical sources reviewed are summarized below. The results of our review of these
sources are summarized in Table 6.
■ Historical Aerial Photographs: We reviewed aerial photographs dated between 1939
and 2012 obtained from EDR of Shelton, Connecticut; copies of aerial photographs
reviewed are presented in Appendix B.
■ Historical Topographic Maps: We reviewed USGS 15 -minute and 7.5 -minute
historical topographic maps dated 1897, 1899, 1902, 1943, 1947, 1948, 1953, 1961,
1968, 1973, 1980, 1995 and 2012; copies of historical topographic maps reviewed are
presented in Appendix B.
■ Historical Fire Insurance Maps: EDR reported that the Site was not within the
coverage area of fire insurance maps.
■ Local Street Directories: We reviewed city directories obtained from EDR that were
researched at approximately 5 year intervals between 1927 and 2014 to obtain
information pertaining to past Site occupants. In general, the occupants listed in the
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researched city directories appear consistent with previously described Site history;
listed occupants include numerous commercial/retail businesses and restaurants. The
city directory summary is presented in Appendix C.
Table 6. Summary of Historical Source Information for Site
Date
Source
Comment
1899 to 1968
Topographic
Small structures typical of residences or associate outbuildings
maps
are shown on the southeast portion of the Site. Orchards are
depicted on -Site on the maps dated between 1948 and 1968.
1939, 1948,
Aerial
The Site is shown to be occupied mainly by orchards. What
1950, 1956,
photographs
appears to be a residence and several outbuildings are shown on
1963 and 1968
the southeast portion of the Site.
1973
Topographic
The existing Sears retail and automotive center buildings, and the
maps
former associated gasoline station are depicted on -Site.
1974
Aerial
The existing Sears retail and automotive center buildings, and the
photograph
former associated gasoline station are depicted on -Site. The
remainder of the Site is shown to be occupied by orchards and
row crops.
1980 to 1995
Topographic
The Site appears similar to the existing conditions.
maps
1981 to 2012
Aerial
The Site appears generally similar to the existing conditions. The
photograph
addition of parking structures is apparent during the late 1980s
and mid -2000s, and the mall building along the west side of Wolfe
Road was expanded during the mid -2000s.
6.2 HISTORICAL SUMMARY OF SITE VICINITY
Based on our review of the information described in Section 6.1, the general Site vicinity
historically consisted mainly of agricultural land (orchards and row crops) with widely spaced
residences. By the early 1960s, an increase in mainly residential development is apparent in the
general vicinity, along with several commercial developments along major roadways, such as
Stevens Creek Boulevard. By 1968, Interstate 280 was constructed adjacent to the north of the
Site and Wolfe Road was constructed bisecting the Site. During subsequent decades, further
increases in residential and commercial development in the vicinity are apparent.
SECTION 7: SITE RECONNAISSANCE
We performed a Site reconnaissance to evaluate current Site conditions and to attempt to
identify Site Recognized Environmental Conditions. The results of the reconnaissance are
discussed below. Additional Site observations are summarized in Table 7. Photographs of the
Site are presented in Section 7.2.1.
7.1 METHODOLOGY AND LIMITING CONDITIONS
To observe current Site conditions (readily observable environmental conditions indicative of a
significant release of hazardous materials), Cornerstone staff Stason I. Foster, P.E. visited the
Site on February 13, 2018 and was accompanied by Mr. Juan Guerrero, Maintenance Director
at Vallco Shopping Mall. Mr. Guerrero indicated that he has worked at the Site since 2005. We
also discussed the Site with Mr. Mike Rohde, General Manager of Vallco Shopping Mall, who
indicated that he has worked at the Site since 1998. The Site reconnaissance was conducted
by walking representative areas of the Site, including selected interior and exterior areas. Due
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to the size of the property, not all building areas were observed. Our reconnaissance focused
on areas where hazardous materials reportedly were used or stored and our professional
judgment. These areas were selected based on information contained in regulatory agency files
and past reports reviewed during this study, and information supplied by Mr. Guerrero and Mr.
Rohde during our Site visit. Cornerstone staff only observed those areas that were reasonably
accessible, safe, and did not require movement of equipment, materials or other objects.
Physical obstructions that limited our ability to view the ground surface at the Site included the
existing structures and associated paved vehicle drives and parking areas (typical of developed
properties).
7.2 OBSERVATIONS
At the time of our visit, the Site was developed with the Vallco Shopping Mall. Most tenant
spaces within the enclosed, multi-level shopping mall were vacant, including anchor tenant
buildings formerly occupied by Macy's, Sears and JC Penney. Remaining tenants were
observed to include an AMC movie theater, a bowling alley (Bowlmor Lanes), an ice skating rink
(Cupertino Ice Center), two restaurants (Dynasty and Benihana), and a fitness center (Bay
Club). North Wolfe Road was observed to bisect the Site and an enclosed, pedestrian bridge
connected the mall buildings on the east and west sides of North Wolfe Road. Several multi-
level parking garages and at -grade parking lots bordered the mall structures. Two detached
buildings formerly occupied by restaurants (TGI Fridays and Alexander's Steak House) were
observed on the north side of the mall. A third detached structure formerly occupied by a Sears
Automotive Center was observed on the southwest corner of the Site.
The two parcels on the northern portion of the Site adjacent to Interstate 280 were observed to
be utilized for construction storage (APN 316-20-088) and for the in progress construction of a
new hotel (APN 316-20-092). These two parcels were viewed only form the parcel boundaries.
Predominant areas of the Site at which hazardous materials were observed to be used/stored
are summarized below:
Elevators: Based on our observations and information provided by Mr. Guerrero, 20 hydraulic
powered elevators are present on -Site. These include passenger and freight elevators within
the mall and anchor tenant structures and associated parking garages, along with a freight
elevator within the Sears Auto Center. Secondary containment pans below two freight elevators
within the Sears retail and auto center facilities were observed to be nearly full of hydraulic fluid,
which appeared to be a result of leaks from pump equipment. Note that only a few randomly
selected, representative elevator equipment rooms were accessed during or visit. Similar
conditions could be present in others. Within the equipment rooms observed, no significant
spills to the concrete floor slabs were observed, and impacts to underlying soil quality appeared
unlikely to be significant.
Emergency Generators: Three diesel fueled emergency generators were observed on -Site.
One was located on the roof of the Macy's building, one was on the second floor of the JC
Penney building and the third was observed with the "Vallco generator room" on the ground
floor of the mall west of Wolfe Road. Diesel ASTs were associated with each generator. No
evidence of spills was readily apparent.
Mechanical Equipment: HVAC equipment and related mechanical equipment (chillers, cooling
towers, pumps, natural gas fueled boilers and air compressors) were observed in on -Site
mechanical rooms. Water treatment chemicals, such as corrosion and scale inhibitors and
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biocides, were observed in polyethylene containers near the mechanical equipment. Petroleum
based lubricants also were present (typically in 1 -gallon and smaller containers). What
appeared to be minor oil staining of the concrete surfaces below some of the equipment was
observed. More significant staining on the floor and walls, and a spill (approximately 1 to 2
gallons) of what appeared to be oily water was observed on the concrete floor near refrigeration
equipment at the Cupertino Ice Center.
Trash Compactors: Multiple hydraulic powered trash compactors are present at the Site that
have hydraulic fluid ASTs (approximately 15 gallons each). Representative compactors were
observed and no significant hydraulic fluid spills were readily apparent.
Pool Chemicals: At the Bay Club, pool water treatment chemicals consisting of sodium
hypochlorite and muriatic acid (approximately 80 gallons in 1 -gallon containers) were observed
to be stored in secondary containment bins within a stairwell leading to the building's roof
access. Although the stairwell is not a proper storage location, no spills were readily apparent.
The pool water treatment and natural gas fueled heating equipment, along with approximately
50 pounds of chlorine tablets were observed on the rooftop.
Maintenance Storage Rooms: Various facility maintenance products, consisting mainly of
paint related products and janitorial supplies were observed within maintenance rooms serving
Vallco Shopping Center and the Bay Club. A metal flammable materials storage cabinet within
the Vallco maintenance shop additionally contained several 5 -gallon safety cans of gasoline,
lubricants and other miscellaneous maintenance products. No significant spills were readily
apparent.
Sears Automotive Center: The Sears Automotive Center building was observed to consist of
approximately 24 vehicle service bays. Staining was observed on the concrete flooring of a
former battery storage room. The previously described 1969 building plans, indicate that a floor
drain within this room discharged to a below ground neutralization chamber, which was
observed on the east exterior side of the building.
Some of the piping that appeared to formerly distributed grease, oil and transmission fluid from
storage locations to the service bays had been removed; however, portions of the piping
remained along interior building walls, ceilings and within the basement. Residual lubricants
within the piping were observed to be dripping onto the concrete floor slab and walls at several
locations, mainly within the basement. At the former location of two air compressors within the
basement, the floor slab surrounding a floor drain also was heavily stained with oil.
Multiple former hydraulic lifts were observed within the service bays. The lift cylinders appeared
to have been removed and the outer steel casings were filled with concrete. Some of the
associated hydraulic fluid piping appeared to have been removed, while other portions of the
piping remained. Most of the steel casings for the lifts extended into the basement and were
anchored to the concrete floor slab of the basement. The basement, however, appeared to only
be present below the southern approximately three fourths of the building. The lifts within the
northern service bays likely extend into underlying soil, and associate below grade hydraulic
fluid piping and reservoirs may remain.
A waste oil drain was observed in the floor along the interior western wall of the building. The
drain lead into the basement and an associate (capped) pipe extended horizontally through the
basement wall towards the location of the 1,000 gallon waste oil UST that was depicted on the
1969 building plan. A square access cover constructed of concrete was observed at the
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building exterior, in the general vicinity of the depicted waste oil UST. The access cover could
not be removed with the tools available at the time of our visit.
A below ground oil/water separator (as noted on the 1969 building plan) was observed on the
east side of the building. A lift station sump also was observed with the southwest corner of the
basement that presumably is connected to basement floor drains and other building facilities
and presumably discharges to the sanitary sewer system.
JC Penney Automotive Center: Although the JC Penney Automotive Center reportedly
discontinued operations in 1985, remnant features of the facility were observed including
multiple, in -ground, hydraulic vehicle lifts. The lift cylinders appeared to have been removed
and the outer steel casings were filled with pea gravel. Below grade ducting for an exhaust
collection system also remained. Additionally, a bermed secondary containment area with a
floor drain was observed. The drain appeared likely to have discharged to the oil/water
separator that was closed in place in 1994. The access covers for the oil/water separator were
observed nearby at the exterior of the building. An attempt was made to locate the ground
water monitoring wells that were previously installed near the former JC Penney USTs;
however, due to stored construction materials, the well locations were not readily apparent.
Other Site Features: Electricity and natural gas fuel sources appeared to be used for building
heating/cooling purposes. Potable water appeared to be supplied by the local water service
provider. The buildings are connected to the publicly owned sanitary sewer system. Several
sanitary sewer pump stations are present on -Site; no on -Site septic systems were observed.
Several grease interceptors (associated with current and former food service facilities) also are
present on -Site; these would not be expected to have significantly impacted the Site. On -Site
storm water catch basins and storm water collection sumps appeared to discharge via below
ground piping to the City's storm water drainage system. Several PG&E owned electrical
transformer were observed on concrete pads at the Site. No evidence of transformer oil leaks
was readily apparent.
Table 7. Summary of Readily Observable Site Features
General Observation
Comments
Aboveground Storage Tanks
Observed as described above
Agricultural Wells
Not Observed
Air Emission Control Systems
Not Observed
Boilers
Observed as described above
Burning Areas
Not Observed
Chemical Mixing Areas
Not Observed
Chemical Storage Areas
Observed as described above
Clean Rooms
Not Observed
Drainage Ditches
Not Observed
Elevators
Observed as described above
Emergency Generators
Observed as described above
Equipment Maintenance Areas
Not Observed
Fill Placement
Not Observed
Ground Water Monitoring Wells
Not Observed
High Power Transmission Lines
Not Observed
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Table 7 (Continued). Summary of Readily Observable Site Features
General Observation
Comments
Hoods and Ducting
Not Observed
Hydraulic Lifts
Observed as described above
Incinerator
Not Observed
Petroleum Pipelines
Not Observed
Petroleum Wells
Not Observed
Ponds or Streams
Not Observed
Railroad Lines
Not Observed
Row Crops or Orchards
Not Observed
Stockpiles of Soil or Debris
Not Observed
Sumps or Clarifiers
Observed as described above
Transformers
Observed as described above
Underground Storage Tanks
Possible waste oil UST at Sears Automotive Center
Vehicle Maintenance Areas
Observed as described above
Vehicle Wash Areas
Not Observed
Wastewater Neutralization Systems
Observed as described above
The comment "Not Observed" does not warrant that these features are not present on -Site; it only indicates that these features were
not readily observed during the Site visit.
7.2.1 Site Photographs
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i00
s�
Photograph 1. General exterior view of the mall
Photograph 2. Interior retail space.
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Photograph 3. Construction storage activities (APN 316-
20-088).
Photograph 5. Elevator equipment with hydraulic fluid in
drip pan.
WE!
Photograph 7. Interior of Cupertino Ice Center.
Photograph 4. Hotel under construction (APN 316-
20-092).
11
Photograph 6
generators.
. One of three on -Site emergency
Photograph 8. Refrigeration equipment at
Cupertino Ice Center.
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Photograph 11. Oily water on floor of mechanical room at Photograph 12. Typical trash compactor and
Cupertino Ice Center. associated hydraulic fluid AST.
Photograph 13. Pool chemicals stored in stairwell at Bay Photograph 14. Vallco facility maintenance storage
Club. room.
Photograph 15. Sears Automotive Center (SAC) building. Photograph 16. Interior of SAC building.
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Photograph 17. Staining on floor of battery room at SAC
----------
Photograph
--1Photograph 19. Remnant distribution piping and staining
on floor in basement at SAC.
1 1 ! '.`�
r
114,',,'
Photograph 21. Waste oil drain in floor slab, capped drain Photograph 22. Remnant hydraulic lift piping
pipe in wall and wall staining in basement at SAC. (unpainted) in basement at SAC.
4M
Photograph 18. Former hydraulic lifts (filled with
concrete) at SAC.
Woe
LIA
i
Photograph 20. Staining on floor near drain at
former compressor location in basement at SAC.
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Photograph 23. Concrete access cover (near storm drain)
at the suspected waste oil UST location at SAC.
Photograph 25. Steel covers to oil/water separator at
SAC.
Photograph 27. Former hydraulic lift filled with pea gravel
at JC Penney.
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Photograph 24. Steel cover of acid neutralization
chamber adjacent to battery room at SAC.
Photograph 26. Former auto service area at JC
Penney.
Photograph 28. Secondary containment area at JC
Penney.
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SECTION 8: ENVIRONMENTAL QUESTIONNAIRE AND INTERVIEWS
8.1 ENVIRONMENTAL QUESTIONNAIRE / OWNER INTERVIEW
To help obtain information on current and historical Site use and use/storage of hazardous
materials on -Site, we provided environmental questionnaires to each of the three property
owners. A competed questionnaire was obtained from Simeon/Wolfe Properties pertaining to
parcel APN 316-20-088; a copy is attached in Appendix D. Based on our review of the
completed questionnaire, Wolfe Properties LLC purchased the parcel in 2012. It reportedly was
historically used as an overflow parking lot associated with Vallco Shopping Mall. Since 2015,
Apple, Inc. reportedly has been using the parcel for construction storage purposes. No
information indicative of Recognized Environmental Conditions was noted. A completed
questionnaire was not received from KCR Development pertaining to APN 316-20-092. Based
on other data reviewed by Cornerstone, the parcel owned by KCR historically was used for
agricultural purposes and subsequently used as an overflow parking lot associated with Vallco
Shopping Mall (similar to the Simeon/Wolfe Properties parcel).
Sand Hill Property Company did not complete the provided questionnaire; however, they
referred Cornerstone to the previously completed reports listed in Table 3 and provided copies
of each. They also provided access to the Site and contact information for Mr. Mike Rohde,
General Manager of Vallco Shopping Mall, who was briefly interviewed during our Site visit.
8.2 INTERVIEWS WITH PREVIOUS OWNERS AND OCCUPANTS
Contact information for previous Site owners and occupants was not provided to us. Therefore,
interviews with previous Site owners and occupants could not be performed.
SECTION 9: FINDINGS, OPINIONS AND CONCLUSIONS (WITH
RECOMMENDATIONS)
Cornerstone performed this Phase I ESA in general accordance with ASTM E1527-13 to
support David J. Powers & Associates in evaluation of Recognized Environmental Conditions.
Our findings, opinions and conclusions are summarized below.
9.1 HISTORICAL SITE USAGE
Based on the information obtained during this study, the Site historically was used for
agricultural purposes (orchards and row crops), and what appears to have been a residence
with several associated outbuildings were present on the southeast portion of the Site. A Sears
retail store and a separate automotive center building, with an associated gasoline station, were
constructed on -Site in approximately 1970. The other currently existing Vallco mall structures
were constructed between approximately 1974 and 1979, and include structures formerly
occupied by other anchor tenants (Macys and JC Penney) and two detached on -Site buildings
located north of the shopping mall that were occupied by restaurants (TGI Fridays and
Alexander's Steakhouse). JC Penney operated an automotive repair facility on the eastern side
of their building until approximately 1985.
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9.2 CHEMICAL STORAGE AND USE
Prior hazardous materials use and storage at the Site was predominantly associated with the
Sears Automotive Center and the JC Penney Automotive Center. These facilities stored a
variety of automotive related hazardous materials USTs, ASTs, drums and smaller containers.
Both facilities currently are vacant. Past photo -related mall tenants (e.g., Expressly Portraits,
Fox Photo, Inc., Kits Camera, and The Picture People, Inc.) were engaged in photo developing
activities that utilized photoprocessing chemicals and generated associated hazardous waste.
Hydraulic fluid is used on -Site within elevator equipment and trash compactors. Diesel fuel is
stored in ASTs associated with three on -Site emergency generators. Pool water treatment
chemical are used at the Bay Club fitness center. Other water treatment chemicals, such as
corrosion and scale inhibitors and biocides, are used in the operation of HVAC equipment.
Various facility maintenance products, consisting mainly of paint related products and janitorial
supplies, also are used and stored on -Site.
At the Sears Automotive Center, remnant piping that appears to have formerly distributed
grease, oil and transmission fluid from storage locations to the service bays remains along
interior building walls, ceilings and within the basement. Residual lubricants within the piping
were observed to be dripping onto the concrete floor slab and walls at several locations, mainly
within the basement. Also, at the former location of two air compressors with the basement, the
floor slab surrounding a floor drain also was heavily stained with oil. Staining also was
observed on the floor of a former battery storage room. We recommend that the observed
piping be properly removed and disposed, and that stains and residual oil be cleaned from the
interior building surfaces. This work should be coordinated with the Santa Clara County Fire
Department.
Near refrigeration equipment at the Cupertino Ice Center, oil staining and a spill (approximately
1 to 2 gallons) of what appeared to be oily water on the concrete floor slab also were observed.
We recommend that the observed staining and spilled oil be cleaned.
The staining and spilled oil on concrete flooring at the Sears Automotive Center and the
Cupertino Ice Center appeared unlikely to have significantly impacted underlying soil quality.
However, when these facilities are demolished, we recommend that an Environmental
Professional be present to observe underlying soil for evidence of potential impacts and, if
observed, collect soil samples for laboratory analyses.
9.3 AGRICULTURAL USE
The Site was used for agricultural purposes for several decades. Pesticides may have been
applied to crops in the normal course of farming operations. Residual pesticide concentrations
may remain in on -Site soil. If elevated concentrations of agricultural chemicals are present,
mitigation or soil management measures may be required during construction/earthwork
activities. We recommend performing soil sampling to evaluate if agricultural chemicals are
present. The sampling should focus of former orchard and row crop areas, as well as in the
vicinity of outbuilding (barns and sheds) that were formerly located of the southeast portion of
the Site; pesticides and/or pesticide application equipment commonly were stored in such
outbuildings. Testing for lead contamination also shall be completed at the former structure
locations. The sampling, which shall follow commonly accepted environmental protocols, shall
be performed prior to soil excavation activities in order to appropriately profile the soil for off -
haul to a disposal/accepting facility. The analytical data shall be compared to either residential
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screening levels and/or the specific acceptance criteria of the accepting facility. If this soil is
planned to be reused on-site, it shall be compared to residential screening levels and/or natural
background levels of metals.
9.4 UNDERGROUND STORAGE TANKS
Two 350 gallon diesel USTs and one 500 gallon waste oil UST were previously located near the
JC Penney Automotive Center and were removed in 1989. Two 12,000 gallon gasoline USTs,
two 5,000 gallon gasoline USTs, and two 550 gallon oil USTs were removed from the Sears
Automotive Center in 1985. As summarized in Section 4.1.3, soil and ground water quality
studies and soil removal activities subsequently were conducted at these facilities. The
SCVWD issued case closure letters to JC Penney and Sears in 1994 and 1999, respectively.
Residual petroleum hydrocarbons remain in place near the former USTs; however, the reported
residual contaminant concentrations generally do not exceed the Water Board's current Tier 1
ESLs or residential screening levels established by the DTSC and US EPA. Thus, the residual
contaminants do not appear to pose a significant risk to current or future Site occupants.
A building plan from 1969 for the Sears Automotive Center that was reviewed by Cornerstone
depicts a 1,000 gallon waste oil UST on the west side of the building. Similarly, the SWEEPS
UST database lists seven USTs at Sears (the six USTs that were removed in 1985, and the
1,000 gallon waste oil UST). No records pertaining to the removal of a 1,000 gallon waste oil
UST were identified during this study. During our Site visit, an access cover was observed in
the pavement in the vicinity of the waste oil UST depicted on the 1969 building plan. Thus, it
appears that a waste oil UST may remain on -Site. We recommend that the potential presence
of a waste oil UST be further investigation by removing the access cover and, if uncertainty
remains, the subsequent performance of a geophysical survey. If a UST is identified, it should
be removed in coordination with the Santa Clara County Fire Department and DEH, and
underlying soil quality should be evaluated. If no UST is identified, soil quality at the location of
the waste oil UST, as depicted on the 1969 building plan, should be evaluated via the collection
of soil samples from borings for laboratory analyses.
Fire Department records contained a contract dated June 12, 1986 between Sears, Roebuck
and Company and K.E. Curtis Construction Company for the removal of a 500 gallon UST. No
details regarding the contents or location of the UST were described in the contract, and no
other records pertaining to a UST removal at Sears in 1986, or later, were identified during this
study. It appears plausible that this contract was for the removal of the waste oil UST discussed
above (if the UST is no longer present). Alternatively, a different undocumented UST may have
been removed from the Site.
9.5 OIL -WATER SEPARATORS AND ACID NEUTRALIZATION CHAMBER
At the Sears Automotive Center, an oil -water separator (connected to floor drains within the
building) and an acid neutralization chamber (connected to drains within a former battery
storage room) were identified during this study. We recommend that these below ground
features be cleaned and removed. This work should be coordinated with the Santa Clara
County Fire Department and DEH. Soil quality below each of the structures should be
evaluated via sampling and laboratory analyses.
In 1994, the 750 gallon oil -water separator at the JC Penny Automotive Center was steam
cleaned and closed in place by filling it with cement grout under County Fire Department
oversight. Based on reported soil sampling data, this separator does not appear to have
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significantly impacted underlying soil quality. However, it likely will require removal and
appropriate disposal during redevelopment activities.
9.6 HYDRAULIC LIFTS
Multiple former hydraulic lifts were observed with the service bays at the Sears and JC Penny
Automotive Centers. The inner lift cylinders appeared to have been removed and the outer
steel casings were filled with concrete (at Sears) and pea gravel (at JC Penney). We
recommend that each of the below ground lift casings and any associated hydraulic fluid piping
and reservoirs be removed and properly disposed. An Environmental Professional should be
retained to observe the removal activities and, if evidence of leakage is identified, soil sampling
and laboratory analyses should be conducted.
9.7 LEAD-BASED PAINT AND TERMITE CONTROL PESTICIDES
The Consumer Product Safety Commission banned the use of lead as an additive in paint in
1978. Based on the age of the building(s), lead-based paint may be present. The removal of
lead-based paint is not required prior to building demolition if the paint is bonded to the building
materials. However, if the lead-based paint is flaking, peeling, or blistering, it should be
removed prior to demolition. In either case, applicable OSHA regulations must be followed;
these include requirements for worker training, air monitoring and dust control, among others.
Any debris containing lead must be disposed appropriately.
Additionally, soil adjacent to structures that are painted with lead -containing paint can become
impacted with lead as a result of the weathering and/or peeling of painted surfaces. Soil near
wood framed structures also can be impacted by pesticides historically used to control termites.
Lead and/or pesticides often are identified in soil near old residences and associated
outbuildings, such as those historically located on the southeast portion of the Site. Prior to
redevelopment of the Site, we recommend that shallow soil at the former structure locations be
evaluated for the possible presence of lead and pesticides.
9.8 IMPORTED SOIL
If the planned development will require importing soil for Site grading, we recommend
documenting the source and quality of imported soil. The DTSC's Clean Fill Advisory (2001)
provides useful guidance on evaluating imported fill.
9.9 POTENTIAL ENVIRONMENTAL CONCERNS WITHIN THE SITE VICINITY
Based on the information obtained during this study, no hazardous material spill incidents have
been reported in the Site vicinity that would be likely to significantly impact the Site. However,
as is typical to many commercial areas, several facilities in the vicinity were reported as
hazardous materials users. If leaks or spills occur at these facilities, contamination could impact
the Site, depending upon the location of the property, the magnitude of the release, and the
effectiveness of cleanup efforts.
9.10 GROUND WATER MONITORY WELLS
In 1990, four ground water monitoring wells were installed on -Site to evaluate potential
impacted from the former USTs at JC Penney. No records pertaining to the current status of
these wells were identified during this study. Due to stored construction materials, the reported
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well locations were not accessible at the time of our visit; one location appears to be below the
parking garage constructed to the south of the JC Penney building. Prior to redevelopment of
the Site, these wells should be properly destroyed in accordance with SCVWD Ordinance 90-1.
9.11 FACILITY CLOSURE
As part of the facility closure process for occupants that use and/or store hazardous materials,
the Santa Clara County Fire Department and DEH typically require that a closure plan be
submitted by the occupant that describes required closure activities, such as removal of
remaining hazardous materials, cleaning of hazardous material handling equipment,
decontamination of building surfaces, and waste disposal practices, among others. We
recommend that facility closure be coordinated with the Fire Department and DEH to ensure
that required closure activities are completed prior to redevelopment of the Site.
9.12 SITE MANAGEMENT PLAN
We recommend preparing a Site Management Plan (SMP) and Health and Safety Plan (HSP)
for the proposed demolition and redevelopment activities. The purpose of these documents will
be to establish appropriate management practices for handling impacted soil, soil vapor and
ground water or other materials that may potentially be encountered during construction
activities, especially in areas of former hazardous materials storage and use, and the profiling of
soil planned for off -Site disposal. The Site Management Plan should document former and
suspect UST locations, hazardous materials transfer lines, oil -water separators, neutralization
chambers, and hydraulic lifts, etc. The SMP also would provide the protocols for accepting
imported fill materials.
9.13 ASBESTOS CONTAINING BUILDING MATERIALS (ACBMS)
Due to the age of the on -Site structure(s), building materials may contain asbestos. Because
demolition is planned, an asbestos survey is required by local authorities and/or National
Emissions Standards for Hazardous Air Pollutants (NESHAP) guidelines. NESHAP guidelines
require the removal of potentially friable ACBMs prior to building demolition or renovation that
may disturb the ACBM.
9.14 DATA GAPS
ASTM Standard Designation E 1527-13 requires the Environmental Professional to comment on
significant data gaps that affect our ability to identify Recognized Environmental Conditions. A
data gap is a lack of or inability to obtain information required by ASTM Standard Designation E
1527-13 despite good faith efforts by the Environmental Professional to gather such information.
A data gap by itself is not inherently significant; it only becomes significant if it raises reasonable
concerns. No significant data gaps were identified during this Phase I ESA.
9.15 DATA FAILURES
As described by ASTM Standard Designation E 1527-13, a data failure occurs when all of the
standard historical sources that are reasonably ascertainable and likely to be useful have been
reviewed and yet the historical research objectives have not been met. Data failures are not
uncommon when attempting to identify the use of a Site at five year intervals back to the first
use or to 1940 (whichever is earlier). ASTM Standard Designation E 1527-13 requires the
Environmental Professional to comment on the significance of data failures and whether the
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data failure affects our ability to identify Recognized Environmental Conditions. A data failure
by itself is not inherently significant; it only becomes significant if it raises reasonable concerns.
No significant data failures were identified during this Phase I ESA.
9.16 RECOGNIZED ENVIRONMENTAL CONDITIONS
Cornerstone has performed a Phase I ESA in general conformance with the scope and
limitations of ASTM E 1527-13. This assessment identified the following Recognized
Environmental Conditions'.
■ Documents reviewed during this study, as well as observations at the Site, indicate that
a 1,000 gallon waste oil UST may be present on the west side of the Sears Automotive
Center building. No documents pertaining to the removal of this UST or the evaluation
of soil quality at the UST location were identified. There is a potential that this UST, if
present, may have impacted soil, soil vapor and/or ground water at the Site.
■ An oil -water separator (connected to floor drains within the building) and an acid
neutralization chamber (connected to drains within a former battery storage room) were
identified during this study on the east side of the Sears Automotive Center building.
There is a potential that these features may have impacted soil, soil vapor and/or ground
water at the Site.
■ Vehicle lift components (e.g., outer lift cylinder casings and possibly associated hydraulic
fluid piping and reservoirs) remain in ground at the JC Penney Automotive Center and
within the northern portion of the Sears Automotive Center that is not underlain by the
basement. There is a potential that these features may have impacted soil and/or
ground water at the Site.
■ In 1986, Sears, Roebuck and Company established a contract with K.E. Curtis
Construction Company for the removal of a 500 gallon UST. No details regarding the
contents or location of the UST were described in the contract, and no other records
pertaining to a UST removal at Sears in 1986, or later, were identified. There is a
potential that this unidentified UST may have impacted soil, soil vapor and/or ground
water at the Site.
The Site historically was used for agricultural purposes. There is a potential that residual
pesticides could remain in Site soil. If present, this soil may require appropriate
management.
Soil adjacent to structures that are painted with lead -containing paint can become
impacted with lead as a result of the weathering and/or peeling of painted surfaces. Soil
near wood framed structures also can be impacted by pesticides historically used to
control termites. There is a potential that residual lead and pesticide concentrations
could remain in on -Site soil resulting from the prior residence and outbuildings previously
located on the southeast portion of the Site.
4 The presence or likely presence of hazardous substances or petroleum products on the Site: 1) due to any release to the
environment; 2) under conditions indicative of a release to the environment; or 3) under conditions that pose a material threat of a
future release to the environment.
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This assessment identified the following Historical Recognized Environmental Conditions5:
Two 350 gallon diesel USTs and one 500 gallon waste oil UST were previously located
near the JC Penney Automotive Center and were removed in 1989. Two 12,000 gallon
gasoline USTs, two 5,000 gallon gasoline USTs, and two 550 gallon oil USTs were
removed from the Sears Automotive Center in 1985. The SCVWD issued case closure
letters to JC Penney and Sears in 1994 and 1999, respectively, indicating that no further
work was required.
Within the Sears Automotive Center building, remnant piping is present that appears to have
formerly distributed grease, oil and transmission fluid from storage locations to the service bays
and hydraulic fluid to vehicle lifts. Residual spilled oil and staining is present on the concrete
floor slabs and walls of the building, mainly within the basement. Near refrigeration equipment
at the Cupertino Ice Center, oil staining and a spill (approximately 1 to 2 gallons) of what
appeared to be oily water on the concrete floor slab also were observed. The staining and
spilled oil on concrete floors and walls at the Sears Automotive Center and the Cupertino Ice
Center appeared unlikely to have significantly impacted underlying soil quality; thus, we do not
categorize these observations as Recognized Environmental Conditions. As noted in ASTM E
1527-13, the term Recognized Environmental Condition is not intended to include de minimis
conditions that generally do not present a significant threat to human health or the environment
and that generally would not be the subject of an enforcement action if brought to the attention
of appropriate governmental agencies. We recommend, however, that the observed staining
and spilled oil be cleaned, and that the remnant piping be properly removed and disposed.
Additionally, when these facilities are demolished, we recommend that an Environmental
Professional be present to observe underlying soil for evidence of potential impacts and, if
observed, collect soil samples for laboratory analyses.
SECTION 10: LIMITATIONS
Cornerstone performed this Phase I ESA to support David J. Powers & Associates in evaluation
of Recognized Environmental Conditions associated with the Site. David J. Powers &
Associates understands that no Phase I ESA can wholly eliminate uncertainty regarding the
potential for Recognized Environmental Conditions to be present at the Site. This Phase I ESA
is intended to reduce, but not eliminate, uncertainty regarding the potential for Recognized
Environmental Conditions. David J. Powers & Associates understands that the extent of
information obtained is based on the reasonable limits of time and budgetary constraints.
Findings, opinions, conclusions and recommendations presented in this report are based on
readily available information, conditions readily observed at the time of the Site visit, and/or
information readily identified by the interviews and/or the records review process. Phase I ESAs
are inherently limited because findings are developed based on information obtained from a
non -intrusive Site evaluation. Cornerstone does not accept liability for deficiencies, errors, or
misstatements that have resulted from inaccuracies in the publicly available information or from
interviews of persons knowledgeable of Site use. In addition, publicly available information and
field observations often cannot affirm the presence of Recognized Environmental Conditions;
there is a possibility that such conditions exist. If a greater degree of confidence is desired, soil,
ground water, soil vapor and/or air samples should be collected by Cornerstone and analyzed
5 A past Recognized Environmental Condition that has been addressed to the satisfaction of the applicable regulatory agency or
meeting unrestricted use criteria established by the applicable regulatory agency without subjecting the Site to required controls or
restrictions.
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by a state -certified laboratory to establish a more reliable assessment of environmental
conditions.
Cornerstone acquired an environmental database of selected publicly available information for
the general area of the Site. Cornerstone cannot verify the accuracy or completeness of the
database report, nor is Cornerstone obligated to identify mistakes or insufficiencies in the
information provided (ASTM E 1527-13, Section 8.1.3). Due to inadequate address information,
the environmental database may have mapped several facilities inaccurately or could not map
the facilities. Releases from these facilities, if nearby, could impact the Site.
David J. Powers & Associates may have provided Cornerstone environmental documents
prepared by others. David J. Powers & Associates understands that Cornerstone reviewed and
relied on the information presented in these reports and cannot be responsible for their
accuracy.
This report, an instrument of professional service, was prepared for the sole use of David J.
Powers & Associates and may not be reproduced or distributed without written authorization
from Cornerstone. It is valid for 180 days. An electronic transmission of this report may also
have been issued. While Cornerstone has taken precautions to produce a complete and secure
electronic transmission, please check the electronic transmission against the hard copy version
for conformity.
Cornerstone makes no warranty, expressed or implied, except that our services have been
performed in accordance with the environmental principles generally accepted at this time and
location.
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APPENDIX A- DATABASE SEARCH REPORT
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APPENDIX B - HISTORICAL AERIAL PHOTOGRAPHS AND TOPOGRAPHIC MAPS
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APPENDIX C - LOCAL STREET DIRECTORY SEARCH RESULTS
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APPENDIX D - QUESTIONNAIRE
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APPENDIX E - PRIOR REPORTS