Exhibit E - Response to Environmental Determination Appeal — San Jose City Council, August 23, 2022 (part 3 of 6)

1212-1224 South Winchester Boulevard Hotel
Project Fuel Demand
Area Sub-Area Cal. Year Season Veh_Tech EMFAC2007 Category VMT Fuel_GAS Fuel_DSL Sub-Areas Santa Clara (SF) 2023 Annual All Vehicles All Vehicles 7,575.6 0.2463 0.0449 0.2912 Sub-Areas Santa Clara (SF) 2023 Annual ALL OTHER BUSES - DSL OBUS - DSL 6.44 0.0007 Fuel demand (in gallons per year) = 1000 x 365 x 0.2912 = 106,281.89 Sub-Areas Santa Clara (SF) 2023 Annual LDA - DSL LDA - DSL 44.7 0.0009 Sub-Areas Santa Clara (SF) 2023 Annual LDA - GAS LDA - GAS 4,429.5 0.1286 Sub-Areas Santa Clara (SF) 2023 Annual LDT1 - DSL LDT1 - DSL 0.0990 0.0000 Sub-Areas Santa Clara (SF) 2023 Annual LDT1 - GAS LDT1 - GAS 399.8 0.0139 Sub-Areas Santa Clara (SF) 2023 Annual LDT2 - DSL LDT2 - DSL 10.5 0.0003 Sub-Areas Santa Clara (SF) 2023 Annual LDT2 - GAS LDT2 - GAS 1,338.6 0.0503 Sub-Areas Santa Clara (SF) 2023 Annual LHD1 - DSL LHDT1 - DSL 69.5 0.0037 Sub-Areas Santa Clara (SF) 2023 Annual LHD1 - GAS LHDT1 - GAS 89.7 0.0105 Sub-Areas Santa Clara (SF) 2023 Annual LHD2 - DSL LHDT2 - DSL 27.4 0.0016 Sub-Areas Santa Clara (SF) 2023 Annual LHD2 - GAS LHDT2 - GAS 12.4 0.0017 Sub-Areas Santa Clara (SF) 2023 Annual MCY - GAS MCY - GAS 38.7 0.0010 Sub-Areas Santa Clara (SF) 2023 Annual MDV - DSL MDV - DSL 22.7 0.0008 Sub-Areas Santa Clara (SF) 2023 Annual MDV - GAS MDV - GAS 788.5 0.0359 Sub-Areas Santa Clara (SF) 2023 Annual MH - DSL MH - DSL 1.58 0.0002 Sub-Areas Santa Clara (SF) 2023 Annual MH - GAS MH - GAS 4.17 0.0008 Sub-Areas Santa Clara (SF) 2023 Annual MOTOR COACH - DSL OBUS - DSL 2.07 0.0003 Sub-Areas Santa Clara (SF) 2023 Annual OBUS - GAS OBUS - GAS 3.78 0.0008 Sub-Areas Santa Clara (SF) 2023 Annual PTO - DSL HHDT - DSL 2.22 0.0004 Sub-Areas Santa Clara (SF) 2023 Annual SBUS - DSL SBUS - DSL 5.09 0.0006 Sub-Areas Santa Clara (SF) 2023 Annual SBUS - GAS SBUS - GAS 1.91 0.0002 Sub-Areas Santa Clara (SF) 2023 Annual T6 AG - DSL MHDT - DSL 0.0021 0.0000 Sub-Areas Santa Clara (SF) 2023 Annual T6 CAIRP HEAVY - DSL MHDT - DSL 1.20 0.0001 Sub-Areas Santa Clara (SF) 2023 Annual T6 CAIRP SMALL - DSL MHDT - DSL 0.1600 0.0000 Sub-Areas Santa Clara (SF) 2023 Annual T6 INSTATE CONSTRUCTION HEAVY - DSL MHDT - DSL 2.83 0.0003 Sub-Areas Santa Clara (SF) 2023 Annual T6 INSTATE CONSTRUCTION SMALL - DSL MHDT - DSL 6.45 0.0008 Sub-Areas Santa Clara (SF) 2023 Annual T6 INSTATE HEAVY - DSL MHDT - DSL 28.2 0.0027 Sub-Areas Santa Clara (SF) 2023 Annual T6 INSTATE SMALL - DSL MHDT - DSL 46.9 0.0047 Sub-Areas Santa Clara (SF) 2023 Annual T6 OOS HEAVY - DSL MHDT - DSL 0.6767 0.0001 Sub-Areas Santa Clara (SF) 2023 Annual T6 OOS SMALL - DSL MHDT - DSL 0.0903 0.0000 Sub-Areas Santa Clara (SF) 2023 Annual T6 PUBLIC - DSL MHDT - DSL 2.25 0.0003 Sub-Areas Santa Clara (SF) 2023 Annual T6 UTILITY - DSL MHDT - DSL 0.3760 0.0000 Sub-Areas Santa Clara (SF) 2023 Annual T6TS - GAS MHDT - GAS 12.5 0.0025 Sub-Areas Santa Clara (SF) 2023 Annual T7 AG - DSL HHDT - DSL 0.0000 0 Sub-Areas Santa Clara (SF) 2023 Annual T7 CAIRP - DSL HHDT - DSL 26.5 0.0038 Sub-Areas Santa Clara (SF) 2023 Annual T7 CAIRP CONSTRUCTION - DSL HHDT - DSL 2.03 0.0003 Sub-Areas Santa Clara (SF) 2023 Annual T7 NNOOS - DSL HHDT - DSL 32.3 0.0044 Sub-Areas Santa Clara (SF) 2023 Annual T7 NOOS - DSL HHDT - DSL 10.4 0.0015 Sub-Areas Santa Clara (SF) 2023 Annual T7 OTHER PORT - DSL HHDT - DSL 2.91 0.0005 Sub-Areas Santa Clara (SF) 2023 Annual T7 POAK - DSL HHDT - DSL 16.5 0.0028 Sub-Areas Santa Clara (SF) 2023 Annual T7 POLA - DSL HHDT - DSL 0.0000 0 Sub-Areas Santa Clara (SF) 2023 Annual T7 PUBLIC - DSL HHDT - DSL 1.87 0.0004 Sub-Areas Santa Clara (SF) 2023 Annual T7 SINGLE - DSL HHDT - DSL 11.2 0.0017 Sub-Areas Santa Clara (SF) 2023 Annual T7 SINGLE CONSTRUCTION - DSL HHDT - DSL 5.04 0.0009 Sub-Areas Santa Clara (SF) 2023 Annual T7 SWCV - DSL HHDT - DSL 4.25 0.0018 Sub-Areas Santa Clara (SF) 2023 Annual T7 TRACTOR - DSL HHDT - DSL 47.7 0.0061 Sub-Areas Santa Clara (SF) 2023 Annual T7 TRACTOR CONSTRUCTION - DSL HHDT - DSL 4.15 0.0007 Sub-Areas Santa Clara (SF) 2023 Annual T7 UTILITY - DSL HHDT - DSL 0.2074 0.0000 Sub-Areas Santa Clara (SF) 2023 Annual T7IS - GAS HHDT - GAS 0.0883 0.0000 Sub-Areas Santa Clara (SF) 2023 Annual UBUS - DSL UBUS - DSL 9.38 0.0016 Sub-Areas Santa Clara (SF) 2023 Annual UBUS - GAS UBUS - GAS 0.1691 0.0000 Fuel demand (in thousands of gallons per day) =

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APPENDIX E

GEOTECHNICAL FEASIBILITY STUDY

APPENDIX F

PHASE I ENVIRONMENTAL SITE ASSESSMENT

PHASE I ENVIRONMENTAL

SITE ASSESSMENT

MIXED-USE PROPERTIES
1212 & 1224 SOUTH WINCHESTER BOULEVARD
SAN JOSE, CALIFORNIA 95128
PROJECT NO. 19254
Prepared for:

Dr. Adam Askari
A & Z Development
2881 Hemlock Avenue
San Jose, California 95128
Prepared by:

Essel Environmental Engineering and Consulting
1035 22nd Avenue, Suite 9
Oakland, California 94606
1-800-595-7616 Phone
October 2, 2019
Amended: December 13, 2019
Phase I Environmental Site Assessment
1212 & 1224 South Winchester Boulevard
San Jose, California 95128
ii

CONTENTS
EXECUTIVE SUMMARY ........................................................................................................................ 1

1.0 INTRODUCTION ......................................................................................................................... 4

1.1 Purpose ............................................................................................................................... 4

1.2 Scope of Work .................................................................................................................... 4

1.3 Significant Assumptions ..................................................................................................... 5

1.4 Limitations and Exceptions ................................................................................................. 5

2.0 DESCRIPTION OF SITE AND SURROUNDING AREA ........................................................ 6

2.1 Site Location and Description ............................................................................................. 6

2.2 Surrounding Area ................................................................................................................ 6

2.3 Current Site Use .................................................................................................................. 7

3.0 USER PROVIDED INFORMATION .......................................................................................... 8

3.1 Title Records ....................................................................................................................... 8

3.2 Environmental Liens and Activity and Use Limitations ..................................................... 8

3.3 Specialized Knowledge ....................................................................................................... 8

3.4 Commonly Known or Reasonably Ascertainable Information ........................................... 8

3.5 Valuation Reduction for Environmental Issues .................................................................. 9

3.6 Obviousness of the Presence of Contamination .................................................................. 9

3.7 Other Pertinent Information ................................................................................................ 9

4.0 PHYSICAL SETTING ................................................................................................................ 10

4.1 Physiographic and Geologic Setting ................................................................................. 10

4.2 Hydrologic Setting ............................................................................................................ 11

4.3 Flood Zone ........................................................................................................................ 11

4.4 Wetlands ........................................................................................................................... 11

4.5 Wells ................................................................................................................................. 11

5.0 HISTORICAL RECORDS REVIEW ........................................................................................ 13

5.1 Aerial Photograph Review ................................................................................................ 13

5.2 Building Permits ............................................................................................................... 15

5.3 Historic Topographic Maps .............................................................................................. 16

5.4 Sanborn Fire Insurance Company Map Review ............................................................ 16

5.5 City Directory Search ....................................................................................................... 16

5.6 Previous Environmental Documentation .......................................................................... 19

6.0 REGULATORY RECORDS REVIEW ..................................................................................... 20

6.1 Site and Surrounding Property Record Sources ................................................................ 23

6.2 Agency Records Search .................................................................................................... 26

7.0 SITE RECONNAISSANCE ........................................................................................................ 28

7.1 Underground/Aboveground Storage Tanks ...................................................................... 28

7.2 Pits, Ponds, Lagoons, Sumps, and Wells .......................................................................... 28

7.3 Petroleum Products and Hazardous Materials and Wastes ............................................... 28

7.4 Staining and Other Evidence of Chemical Releases ......................................................... 28

7.5 Solid Non-Hazardous Waste ............................................................................................. 28

7.6 Wastewater and Stormwater Management ....................................................................... 29

7.7 Utilities ............................................................................................................................. 29

7.8 Polychlorinated Biphenyls (PCB)-Containing Equipment ............................................... 29

7.9 Air Quality ........................................................................................................................ 29

7.10 Moisture-Intrusion/Mold .................................................................................................. 29

7.11 Vapor Encroachment ........................................................................................................ 29

8.0 INTERVIEWS ............................................................................................................................. 31

8.1 Interview with Site Owner ................................................................................................ 31 Phase I Environmental Site Assessment
1212 & 1224 South Winchester Boulevard
San Jose, California 95128
iii

8.2 Interview with Site Manager ............................................................................................. 31

8.3 Interviews with Site Occupants ........................................................................................ 31

8.4 Interviews with Local Government Officials.................................................................... 31

8.5 Interviews with Others ...................................................................................................... 31

9.0 FINDINGS, OPINION, AND CONCLUSION .......................................................................... 32

9.1 Findings ............................................................................................................................ 32

9.2 Opinion ............................................................................................................................. 32

9.3 Conclusion and Recommendation .................................................................................... 32

10.0 DEVIATIONS FROM THE ASTM STANDARD .................................................................... 33

11.0 CERTIFICATION, LIMITATIONS, AND RELIANCE ......................................................... 34

12.0 REFERENCES ............................................................................................................................. 35

APPENDICES
A Site Topographic and Vicinity Maps
B Site Photographs
C User Questionnaire – Not Completed
D Environmental Lien and AUL Search – Not Included
E Aerial Photographs
F Topographic Maps
G Certified Sanborn Map Report
H City Directory Abstract Report
I Radius Map Report with GeoCheck
J Regulatory Agency Records
Phase I Environmental Site Assessment
1212 & 1224 South Winchester Boulevard
San Jose, California 95128
1 EXECUTIVE SUMMARY
Essel Environmental Engineering and Consulting (Essel) was retained by Dr. Adam Askari of A & Z Development (User) to perform a Phase I Environmental Site Assessment (ESA) of commercial properties at 1212 and 1224 South Winchester Boulevard in the City of San Jose, County of Santa Clara, California (Site). This Phase I ESA was performed in accordance with the scope and limitations of the American Society for Testing and Materials (ASTM) Standard Practice E 1527-13 and the scope of work defined in the following report. The Phase I ESA is designed to identify recognized environmental conditions (RECs) in connection with the previous and current uses and ownership of the Site.

Site and Vicinity Description
The Site is located on the east side of South Winchester Boulevard, approximately 475 feet north of the intersection of South Winchester Boulevard and Payne Avenue. The Santa Clara County Assessor’s Parcel Numbers (APNs) for the Site are 279-17-021 (1212 S Winchester Blvd) and 279-17-020 (1224 S Winchester Blvd). The rectangular-shaped parcels encompass a total area of approximately 30,266 square feet (0.70 acres). Figures that show the Site and vicinity and topographic features are included in Appendix A. Photographs of the Site are included as Appendix B.

The Site is developed at 1212 S Winchester Blvd with a single-story mixed-use building and at 1224 S Winchester Blvd with a two-story commercial office building. Both buildings consist of a single-level subgrade basement with concrete-slab foundations. Exterior features include resin-bound gravel and concrete-paved driveways and parking areas, storage sheds, and undeveloped backyards. The exterior finishes include stucco walls, plywood, wooden paneling, and some brick detailing. The interior finishes include hardwood, tile, linoleum, carpet, and concrete flooring and drywall and wooden paneling. The main access to the Site is off of South Winchester Boulevard to the west of the Site.

During the reconnaissance of the Site, Essel observed fluorescent lamps, several spray bottles of cleaners, a few containers of toilet bowl cleaner, several bottles of bleach, several bottles of hand soap, three compressed helium gas cylinders, several bottles of glue and adhesives, several cans of spray paint, some cans of wood preservative, two containers of motor oil, two propane gas cylinders, about a dozen 5-gallon buckets of paint, seven one-gallon buckets of paint, containers of furniture polish, and some spray cans of air fresheners.

The adjacent and surrounding areas consist of residential and commercial properties. Adjacent to the south is A Grace Subacute & Skilled Care facility (1250 S Winchester Blvd). Adjacent to the west across S Phase I Environmental Site Assessment
1212 & 1224 South Winchester Boulevard
San Jose, California 95128
2 Winchester Blvd. is a commercial office building (1245-1275 S Winchester Blvd) and Bethel Church (1201 S Winchester Blvd). Adjacent to the north is a single-family residence (1210 S Winchester Blvd). Adjacent to the east are single-family residences (1235, 1243, and 1247 Redoaks Drive).

Site History, Use, and Records Review
Review of historical records indicate that the Site was occupied by an orchard in 1939. By 1948, the Site was redeveloped into the two present-day residential structures. City directory listings for 1212 S Winchester Blvd show that the Site was occupied by private residents until 2010, when a florist company occupied the structure likely as an at-home business. At 1224 S Winchester Blvd, several religious affiliated listings were observed from the years 1970 to 1996, followed by private individuals until 2006. No issues of environmental concern were identified at the Site during the review of available historical records.

Site Vicinity History, Use, and Records Review
Adjacent and nearby properties were originally observed as being occupied by orchards. Then in 1948, the area to the north beyond the Site boundary was partially occupied by residential development. In 1956, an increase in residential development can be seen, including Fireside Drive. Orchards were present to the east of the Site until 1956, in which some of the orchard land appeared to be replaced with a residential neighborhood under development. Then by 1963, the present-day residential development was depicted at the end of Redoaks Drive. The area to the south appeared to be occupied by an orchard until at least 1963.

The present-day square-shaped building to the south of the Site was first seen in 1974 and another rectangular office building was developed in 1982. The present-day development leading to Payne Avenue, including the retail building at the corner lot, was first seen in 1993. South Winchester Boulevard had been depicted to the west of the Site as early as 1939 with orchard-occupied land beyond that. It was not until 1974 before a structure resembling a multi-story hotel was observed. Then the present-day office buildings to the west and church buildings to the northwest were observed by 1982. No issues of environmental concern were identified at the Site during the review of available historical records.

Findings
Based on the information obtained during the course of this Phase I ESA, Essel finds the following.  No recognized environmental condition is identified in connection with the Site.  No controlled recognized environmental condition is associated with the Site.  No historical recognized environmental condition is present in connection with the Site.  No de minimis environmental condition is present in connection with the Site.

Phase I Environmental Site Assessment
1212 & 1224 South Winchester Boulevard
San Jose, California 95128
3 Opinion
A recognized environmental condition in connection with the Site, which is defined as “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. Information obtained during the course of this Phase I ESA indicates that hazardous substances or petroleum products are not present at the Site; therefore, no recognized environmental condition was identified in connection with the Site.

Conclusion and Recommendation
Essel has performed a Phase I ESA in general conformance with the scope and limitations of ASTM Practice E 1527-13 for the Site located at 1212 & 1224 South Winchester Boulevard in San Jose, California.

Any exceptions to, or deletions from, this practice are described in Section 11.0 of the accompanying report.

Recognized environmental conditions (RECs) are defined as “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.” This assessment has revealed no evidence of a REC in connection with the Site. Based on the conclusion of this assessment, Essel recommends no further investigation of the Site at this time.

Phase I Environmental Site Assessment
1212 & 1224 South Winchester Boulevard
San Jose, California 95128
4 1.0 INTRODUCTION
Essel Environmental Engineering and Consulting (Essel) was retained by Dr. Adam Askari of A & Z Development (User) to perform a Phase I Environmental Site Assessment (ESA) of commercial properties at 1212 and 1224 South Winchester Boulevard in the City of San Jose, County of Santa Clara, California (Site). Mr. Askari provided authorization for this assessment on September 19, 2019.

1.1 Purpose
The Phase I ESA is designed to identify recognized environmental conditions (RECs) in connection with the previous and current uses and ownership of the Site. Recognized environmental conditions are defined as “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. The term includes hazardous substances or petroleum products even under conditions in compliance with laws.

The term is not intended to include de minimis conditions that generally do not present a 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. De minimis conditions are not recognized environmental conditions.”

1.2 Scope of Work
This Phase I ESA has been performed in conformance with American Society for Testing and Materials (ASTM) Standard E 1527-13 (Standard). The ASTM Standard is the most widely recognized method currently used to perform the due diligence required to achieve the above purpose. The ASTM created the Standard “…in an effort to define good commercial and customary practice in the United States of America for conducting an environmental Site assessment…”.

The scope of work for this Phase I ESA involved a reconnaissance of the Site with limited observations of adjoining properties to assess current uses and conditions of the Site and vicinity; review of historical aerial photographs, topographic maps, building department records, and Sanborn Fire Insurance Company (Sanborn) maps to assess the historical usage of the Site and adjacent properties; and review of relevant environmental documentation provided by various public and private sources (including the client and/or owner of the Site) to assess the storage, use, and disposal of petroleum products and wastes and hazardous materials and wastes. In addition, this Phase I ESA includes a brief evaluation and assessment, as appropriate, of potential environmental issues that may not rise to the level of RECs, such as obvious Phase I Environmental Site Assessment
1212 & 1224 South Winchester Boulevard
San Jose, California 95128
5 improper hazardous material or waste handling; off-Site issues; suspect asbestos-containing materials (ACM); lead-based paint (LBP); and polychlorinated biphenyls (PCBs). Other conditions or issues that are beyond the ASTM Standard scope may also be discussed in this report, as detailed within each section.

1.3 Significant Assumptions
No significant assumptions are associated with this Phase I ESA.

1.4 Limitations and Exceptions
As discussed in the ASTM Standard, no Phase I ESA can completely eliminate uncertainty regarding the potential for RECs in connection with a Site. This investigation is simply intended to reduce uncertainty within reasonable limits of time and cost.

The observations contained within this Phase I ESA are based upon conditions readily observable during the Site visit. These observations are typically unable to address conditions of subsurface soil, groundwater, underground storage tanks (USTs), neighboring properties, and the like, unless specifically mentioned. It is not the purpose of this Phase I ESA to determine the actual presence, degree, or extent of contamination (if any) at the Site. Unless specifically noted within this report, this Phase I ESA does not include testing, coring, sampling, or laboratory analysis to address groundwater, soil, soil vapor, or extraneous materials contamination in or on the Site.

Essel makes no warranties or guarantees as to the accuracy or completeness of information obtained from or compiled by others. Information that is beyond the scope of this investigation or was not provided to Essel may also exist and may have an impact on the conclusions of this Phase I ESA. This Phase I ESA does not attempt to address past or forecast future Site conditions.

This Phase I ESA has been conducted and prepared in accordance with generally accepted practices and procedures exercised by reputable professionals under similar circumstances. Other restrictions or limitations were not encountered during this Phase I ESA and there are no exceptions to the provisions of ASTM E 1527-13. Essel makes no other warranties or guarantees, either expressed or implied, as to the findings, opinions, or recommendations contained in the report, or as to the existence or non-existence of RECs at the subject Site.

Phase I Environmental Site Assessment
1212 & 1224 South Winchester Boulevard
San Jose, California 95128
6 2.0 DESCRIPTION OF SITE AND SURROUNDING AREA

2.1 Site Location and Description
The Site is located on the east side of South Winchester Boulevard, approximately 475 feet north of the intersection of South Winchester Boulevard and Payne Avenue. The Santa Clara County Assessor’s Parcel Numbers (APNs) for the Site are 279-17-021 (1212 S Winchester Blvd) and 279-17-020 (1224 S Winchester Blvd). The rectangular-shaped parcels encompass a total area of approximately 30,266 square feet (0.70 acres). Figures that show the Site and vicinity and topographic features are included in Appendix A. Photographs of the Site are included as Appendix B.

2.2 Surrounding Area
The adjacent and surrounding areas consist of residential and commercial properties. Adjacent to the south is A Grace Subacute & Skilled Care facility (1250 S Winchester Blvd). Adjacent to the west across S Winchester Blvd. is a commercial office building (1245-1275 S Winchester Blvd) and Bethel Church (1201 S Winchester Blvd). Adjacent to the north is a single-family residence (1210 S Winchester Blvd). Adjacent to the east are single-family residences (1235, 1243, and 1247 Redoaks Drive).

Phase I Environmental Site Assessment
1212 & 1224 South Winchester Boulevard
San Jose, California 95128
7 2.3 Current Site Use
1212 S Winchester Blvd is currently a mixed-use property and is occupied by a single-family residence and Alvizar Decorations. 1224 S Winchester Blvd is currently an office and storage building for A Grace Subacute & Skilled Care facility.

Phase I Environmental Site Assessment
1212 & 1224 South Winchester Boulevard
San Jose, California 95128
8 3.0 USER PROVIDED INFORMATION
To qualify for one of the Landowner Liability Protections (LLPs) offered by the Small Business Liability Relief and Brownfields Revitalization Act of 2001 (the “Brownfields Amendments”), the User is responsible for providing pertinent information about the Site, if available, that might help identity the potential for recognized environmental conditions in connection with the Site. Pursuant to Section 6 of ASTM E 1527-13, Essel provided a user questionnaire to Dr. Askari of A & Z Development (User) on September 19, 2019. As of the date of this report, Essel has not received a completed environmental questionnaire.

3.1 Title Records
A chain-of-title search is not included in the scope of work for this Phase I ESA. The User did not provide Essel with a title document for the Site property.

3.2 Environmental Liens and Activity and Use Limitations The questionnaire asked if they are aware of any environmental cleanup liens against the property that are filed or recorded under federal, tribal, state, or local law and if he is aware of any activity and use limitations (AULs), such as engineering controls, land use restrictions, or institutional controls that are in place at the Site and/or have been filed or recorded in a registry under federal, tribal, state or local law. As of the date of this report, Essel has not received a completed environmental questionnaire.

3.3 Specialized Knowledge
The questionnaire asked if they have any specialized knowledge or experience related to the property or nearby properties. For example, if they are involved in the same line of business as the current or former occupants of the property or an adjoining property so that they would have specialized knowledge of the chemicals and processes used by this type of business. As of the date of this report, Essel has not received a completed environmental questionnaire.

3.4 Commonly Known or Reasonably Ascertainable Information The User was asked if they are aware of commonly known or reasonably ascertainable information about the property that would help the environmental professional to identify conditions indicative of releases or threatened releases. For example,
 Do you know the past uses of the property?
Phase I Environmental Site Assessment
1212 & 1224 South Winchester Boulevard
San Jose, California 95128
9  Do you know of specific chemicals that are present or once were present at the property?  Do you know of spills or other chemical releases that have taken place at the property?  Do you know of any environmental cleanups that have taken place at the property? As of the date of this report, Essel has not received a completed environmental questionnaire.

3.5 Valuation Reduction for Environmental Issues
The questionnaire asked if the purchase price being paid for this property reasonably reflects the fair market value of the property, and if not, is the lower purchase price because contamination is known or believed to be present at the property. As of the date of this report, Essel has not received a completed environmental questionnaire.

3.6 Obviousness of the Presence of Contamination
The questionnaire asked if, based on his knowledge and experience related to the property, are there any obvious indicators that point to the presence or likely presence of contamination at the property. As of the date of this report, Essel has not received a completed environmental questionnaire.

3.7 Other Pertinent Information
No other pertinent information was given to Essel relating to the potential presence of recognized environmental conditions at the Site.

Phase I Environmental Site Assessment
1212 & 1224 South Winchester Boulevard
San Jose, California 95128
10 4.0 PHYSICAL SETTING
Readily available physical setting information was reviewed to evaluate surface and subsurface characteristics in the vicinity of the Site. Information sources reviewed for this project are listed in References at the end of this report.

4.1 Physiographic and Geologic Setting
The site lies within the Coast Ranges Geomorphic Province, which extends approximately 550 miles in a northwest to southeast direction along the coast of California. The Coast Ranges Province comprises a series of northwest to southeast trending ridges and narrow valleys, whose orientations are controlled by the fault-dominated geologic structure of the region. The San Francisco Bay basin is a down-dropped tectonic block within the Coast Ranges that extends 90 miles southeastward from San Francisco and is bounded by the Santa Cruz Mountains on the southwest and the Diablo Range on the northeast (Poland and Ireland, 1988). The City of San Jose and the Site lie in the Santa Clara Valley, which is located in the southern portion of the San Francisco Bay basin and are on an alluvial feature referred to as the San Jose Plain. The Site is located on the United States Geological Survey (USGS) San Jose West, California quadrangle 7.5-minute series topographic map (2018; scale 1:24,000) and is at an approximate elevation of 168 feet above mean sea level. Surface topography in the immediate vicinity of the Site slopes gently toward the north.

Helley et al. (1994) indicate a sequence of Holocene-age alluvial fan and fan-delta deposits underlies the Santa Clara Valley and this sequence of unconsolidated sediments generally consists, from bottom to top, of units of gravel, sand, silt, and clay. Bay Mud overlies the alluvial deposits beneath and at the margins of San Francisco Bay. The Holocene-age sequence overlies a similar Pleistocene-age alluvial-fan and fandelta sequence of gravel, sand, silt, and clay sediments. The two sequences are separated by a thick clay soil that formed on top of the Pleistocene-age sequence before the Holocene-age sequence was deposited.

Near surface sediments that are beneath the Site property and vicinity are referred to as alluvial fan deposits.

These deposits consist of Holocene-age brown or tan, medium dense to dense gravelly sand or sandy gravel that grades upward to sandy or silty clay. Near the distal edges of the alluvial fan, deposits are typically brown, medium dense gravelly sand or clayey gravel that grade upward to sandy or silty clay. Alluvial fan surfaces typically have very shallow slopes toward the basin of about 0.5- to 0.9-percent (5 to 9 feet vertical distance per 1,000 feet horizontal distance).

Phase I Environmental Site Assessment
1212 & 1224 South Winchester Boulevard
San Jose, California 95128
11 4.2 Hydrologic Setting
The closest surface water is Los Gatos Creek, which flows approximately 1 mile southeast of the Site. The groundwater basin referred to as the Santa Clara Valley Subbasin underlies the southern Santa Clara Valley and the Site property. The Santa Clara Valley Subbasin consists of stratified deposits of predominantly thick beds of silt and clay that are considered to be aquitards and thinner units of sand and gravel that are considered to be aquifers. The more than 1,500 feet of sediments that comprise the groundwater basin are divided into upper and lower aquifer zones. These two aquifer zones are separated by a regional aquitard that is found between 100 and 250 feet below the ground surface in the area and is from 20 to more than 100 feet thick. The upper aquifer zone contains groundwater that is either unconfined or confined, whereas, groundwater in the lower aquifer zone is confined (see California Department of Water Resources, 2004; Santa Clara Valley Water District, 1989).

Based on a soil and groundwater investigation report dated July 10, 2018 (GHD, 2018) for a LUST facility at 1301 South Winchester Boulevard, located approximately 620 feet south-southwest of the Site, groundwater was reportedly encountered at 80 feet below the ground surface (ft bgs). The groundwater flow direction and gradient were not identified in the investigation; however, based on the local topography, the direction of groundwater flow at the Site is inferred to be north-northwest.

4.3 Flood Zone
Essel accessed the Federal Emergency Management Agency’s (FEMA) online Map Service Center to review a Flood Insurance Rate Map (FIRM) covering the Site area. According to preliminary FIRM No. 06085C0237H, dated May 18, 2009, the Site is located within Zone D, an area of undetermined flood hazard.

4.4 Wetlands
A review of the United States Fish and Wildlife Service National Wetlands Inventory map for the Site area indicates that wetlands are not present at the Site or adjacent to the Site.

4.5 Wells
Environmental Data Resources, Inc. (EDR) provided a report of wells in the Site area from drilling and well log records submitted to and compiled by the USGS and United States Environmental Protection Agency (USEPA). According to these records, no public water-supply wells are located within 1 mile of Phase I Environmental Site Assessment
1212 & 1224 South Winchester Boulevard
San Jose, California 95128
12 the Site; therefore, no wells would be affected by Site activities. The California Department of Water Resources (DWR) maintains one (1) groundwater observation well located within ¼ mile south-southwest of the Site. The USGS maintains zero (0) groundwater observation wells located within ½-mile of the Site.

No groundwater production, potable drinking water, public water supply, or groundwater monitoring wells were observed on-Site during the Site reconnaissance.

Essel reviewed data available on the California Division of Oil, Gas, and Geothermal Resources’ online mapping system for records of oil, gas, or geothermal resources wells located on or near the Site. Records show no oil, gas, or geothermal resources wells are located on or in the vicinity of the Site.

Phase I Environmental Site Assessment
1212 & 1224 South Winchester Boulevard
San Jose, California 95128
13 5.0 HISTORICAL RECORDS REVIEW
The objective of the historical review is to develop an understanding of the history of the previous uses of the Site and surrounding area to identify the likelihood of past uses or activities that might result in a REC in connection with the Site. As defined by the ASTM Standard, a standard historical source is considered complete if the information contained within the source provides the required information back to 1940 or to the first developed use, whichever is earlier. Ideally, the information should be available in either 5-year intervals or Site milestone events (such as, initial construction activities, demolition activities, etc.).

However, available public and private historical sources do not always fulfill this goal, in which case the closest approximation of Site use is made based upon the sources readily available at the time of historical review. The historical review for this Phase I ESA consisted of a search of various public and private standard historical sources, as detailed in the sections below.

5.1 Aerial Photograph Review
Historical aerial photographs dated 1939, 1948, 1950, 1956, 1963, 1968, 1974, 1982, 1993, 1998, 2006, 2009, 2012, and 2016 were provided by EDR and reviewed by Essel to assess Site history. A summary of the aerial photograph information is provided in the table below and copies of the aerial photographs are contained in Appendix E.

Year/
Scale Site Observation Surrounding Property Observation 1939
1”=500’
The Site appears to be
occupied by an orchard.

North: Orchard occupied land.

East: Orchard occupied land.

South: Orchard occupied land.

West: A road at the location of present-day South Winchester Boulevard followed by orchard occupied land.
1948;
1950
1”=500’
The Site appears to be
occupied by residential
development with structures
that resemble the present-day
structures.

North: A portion of a residential lot followed by dwindling orchard occupied land.

East: Dwindling orchard occupied land followed by dense orchard occupied land.

South: Dwindling orchard occupied land.

West: No significant changes observed.
1956
1”=500’
No significant changes
observed.

North: Development that is likely residential leading to a road at the location of present-day Fireside Drive.

East: Orchard occupied land leading to what appears to be early stages of residential development.

South: Orchard occupied land.

West: No significant changes observed.

Phase I Environmental Site Assessment
1212 & 1224 South Winchester Boulevard
San Jose, California 95128
14 Year/
Scale Site Observation Surrounding Property Observation 1963;
1968
1”=500’
No significant changes
observed; the Site more clearly
appears to be occupied by the
present-day buildings.

North: Residential development leading to Fireside Drive with more residential development beyond that.

East: Residential development at the end of Redoaks Drive.

South: Orchard occupied land followed by a small rectangular commercial/retail building which resembles a gasoline service station.

West: No significant changes observed.
1974
1”=500’
No significant changes
observed.

North: Not depicted in this aerial photograph.

East: Not depicted in this aerial photograph.

South: Present-day square-shaped building followed by a vacant lot then a small rectangular commercial/retail building which resembles a gasoline service station.

West: South Winchester Boulevard followed by a multi-story building which resembles a hotel with orchard occupied land to the northwest.
1982
1”=500’
No significant changes
observed.

North: No significant changes observed.

East: No significant changes observed.

South: Present-day large square building and rectangular office building with associated parking lots followed by a small rectangular commercial/retail building which resembles a gasoline service station.

West: South Winchester Boulevard followed by the present-day two office buildings and associated parking lots and present-day church to the northwest.
1993;
1998;
2006;
2009;
2012;
2016
1”=500’
No significant changes
observed.

North: No significant changes observed.

East: No significant changes observed.

South: Present-day square building and rectangular office building with associated parking lots followed by the present-day small retail building at the corner of South Winchester Boulevard and Payne Avenue.

West: No significant changes observed.

Review of historical aerial photographs indicates that in 1939 the Site was occupied by an orchard. Then in 1948, the Site was shown to be redeveloped into the two residential structures that are present today.

Adjacent and nearby properties were originally observed as being occupied by orchard development. Then in 1948, the area to the north beyond the Site boundary was partially occupied by residential development with mostly orchard development still. In 1956, an increase in residential development can be seen, including Fireside Drive. Orchards were present to the east of the Site until 1956 in which some of the orchard land appeared to be replaced with a residential neighborhood under development. Then by 1963, the present-day residential development was depicted at the end of Redoaks Drive. The area to the south appeared occupied by an orchard until 1963 in which a lot that resembled a gasoline service station was first observed. The present-day square-shaped building south adjacent to the Site was first seen in 1974 and the other rectangular office building in 1982. The present-day development leading to Payne Avenue, including the retail building at the corner lot was first see in 1993. South Winchester Boulevard had been Phase I Environmental Site Assessment
1212 & 1224 South Winchester Boulevard
San Jose, California 95128
15 depicted to the west of the Site as early as 1939 with orchard occupied land beyond that. It wasn’t until 1974 before a structure was observed which resembled a multi-story hotel structure. Then the present-day office buildings to the west and church buildings to the northwest were shown in the 1982 photograph. No issues of particular environmental concern were noted in the aerial photographs reviewed.

5.2 Building Permits
Essel searched the City of San Jose Online Permits database for all available building an planning records.

Available records are listed in the table below:

Record
Number Date Issued Description of Permit/Work Status
1212 South Winchester Boulevard
1964043548BD 2/19/1964 Alteration to 10’x12’ family room Closed 1988090384BD 6/28/1988 Application for plumbing and/or gas piping Closed 1999058361RS 5/11/1999 Electrical permit Expired
2000056322RS 4/13/2000 Returned attached garage to original garage use as part of code enforcement
Finaled
2001050157RS 1/4/2001 Convert garage into 540 square foot office and half bath Expired 2012026097RS 9/5/2012 Permit to complete previous expired conversion permit Finaled PRE19-093 6/11/2019 Preliminary review of plans to redevelop two parcels into condominiums or hotel
Review
Letter Sent
C19-031 8/12/2019 Change of zoning from single-family residential to commercial pedestrian.

Under
Review
H19-038 9/9/2019 Permit and plans to demolish the two existing single-family homes and for construction of an approximate 118,528
square foot, six-story, 113-room hotel
Under
Review
1224 South Winchester Boulevard
1996077824RS 11/25/1996 Electrical permit Expired
2012014431RS 5/15/2012 Remove shake roof and install new 50-year GAF composition roof system
Expired
PRE19-093 6/11/2019 Preliminary review of plans to redevelop two parcels into condominiums or hotel
Review
Letter Sent
C19-031 8/12/2019 Change of zoning from single-family residential to commercial pedestrian.

Under
Review
H19-038 9/9/2019 Permit and plans to demolish the two existing single-family homes and for construction of an approximate 118,528
square foot, six-story, 113-room hotel
Under
Review
Building records indicate that previously the garage at 1212 South Winchester Boulevard was improperly converted and therefore the owner was forced to reconvert the garage in 2000. Shortly afterwards in 2001, they filed a correct permit to convert the garage into and office with a half bathroom which expired, only to be reapplied for in 2012. At 1224 South Winchester Boulevard, a permit shows that a new 50-year roof was installed in 2012. Both properties also showed current plans for the buildings to be demolished and Phase I Environmental Site Assessment
1212 & 1224 South Winchester Boulevard
San Jose, California 95128
16 redeveloped into a hotel. None of the permits reviewed point to environmental factors which may be of concern.

5.3 Historic Topographic Maps
Historical topographic maps dated 1889, 1897, 1899, 1953, 1961, 1968, 1973, 1980, and 2012 were reviewed to assess Site history and use. The maps were obtained from EDR.

The 1889, 1897, and 1899 topographic maps show the Site and vicinity to be lightly developed with a few structures and roads, including present-day South Winchester Boulevard. No structures are shown on the Site. The 1953 map shows the majority of the map covered in green dotted shading, indicating agricultural development. Two structures are identified at the Site location. Campbell to the south and Burbank to the northeast are shaded red/pink, indicating urban development. The Site is then also shaded red/pink in the 1961, 1968, 1973, and 1980 topographic maps. The 2012 topographic map is not shaded, identifies a number of streets in the vicinity (including South Winchester Boulevard), but does not depict any structures.

No features of environmental concern were observed on the Site or on surrounding properties on the topographic maps reviewed. Copies of the topographic maps are included in Appendix F.

5.4 Sanborn Fire Insurance Company Map Review
Sanborn maps were created for insurance underwriters and often contain information regarding the uses of individual structures and the locations of fuel and/or chemical storage tanks that may have been on a particular property. EDR researched and found no Sanborn maps that cover the Site and vicinity. A copy of the no coverage letter is included in Appendix G.

5.5 City Directory Search
Essel reviewed available city directory information provided by EDR for the historic and/or current addresses for the Site and adjacent properties. City directory listings dating back to 1922 were searched by EDR. Information for the Site was found for selected years from 1966 to 2014 and for surrounding properties, including notable historical addresses, was also found for selected years from 1963 to 2014. The following table summarizes listings for the Site and adjacent property addresses.

Historical Tenants
SITE
Address Year – Occupant
1212 South Winchester Blvd 1966-2006 – Private Individuals 2010-2014 – Alvizar Decoraciones
Phase I Environmental Site Assessment
1212 & 1224 South Winchester Boulevard
San Jose, California 95128
17 Historical Tenants
SITE
Address Year – Occupant
1224 South Winchester Blvd 1966-1991 – Private Individuals, Bethany Lutheran Church (1970), Our Saviors Lutheran Church (1975), Bldg Golden Pacific Center (1975) 1996 – Love On Another Korean Baptist Church, Our Saviors Church Elca 2000-2006 – Private Individuals
Historical Tenants
Adjacent Properties
Address Year – Occupant
NORTH
1210 South Winchester Blvd 2006 – Private Individual
2010-2014 – American Logic Machines
1206 South Winchester Blvd 1966 – Vanderhoof W C & Associates Real Est 1970 – Pyramid Homes Co Inc Ofc
1975-2000 – Private Individual
1202 South Winchester Blvd 1966 – Private Individual
1970-1975 – No Return
1980 – Accelerated Schools Inc
2006 – Private Individuals
1196 South Winchester Blvd 1966 – Private Individual
1970-1975 – Burchill Realty, Holsinger Paul H Burchill Realty 1980-1991 – Toob Manufacturers (1980-1986), Gold Seal Realty Inc, Bloomco Payphones (1985)
2000-2006 – Private Individuals
2014 – Perfect Health, Gold Seal Realty
Historical Tenants
Adjacent Properties
Address Year – Occupant
EAST
1235 Redoaks Drive 1963-2006 – Private Individual
1243 Redoaks Drive 1963-2006 – Private Individual
1247 Redoaks Drive 1963-2006 – Private Individual
1250 Redoaks Drive 1966-2006 – Private Individual
1242 Redoaks Drive 1966-2006 – Private Individual
1234 Redoaks Drive 1966-2006 – Private Individual
Historical Tenants
Adjacent Properties
Address Year – Occupant
SOUTH
1250 South Winchester Blvd 1970 – Regency Rehabilitation & Convalescent Hospital 1975 – Hillhaven Regency Convalescent Center, Private Individuals 1980 – Private Individuals
1985-1986 – West Park Convalescent Hospital, Private Individuals 1991 – Winchester Living Center, Private Individuals
1996-2000 – Winchester Convalescent Hospital, ONR Inc (2000), Private Individuals (2000)
2010 – WCH Inc, San Jose Sub Acute Skilled Care
2014 – A Grace San Jose Sub Acute Skilled Care
Phase I Environmental Site Assessment
1212 & 1224 South Winchester Boulevard
San Jose, California 95128
18 Historical Tenants
Adjacent Properties
Address Year – Occupant
1270 South Winchester Blvd 1980-1985 – San Andreas Regional Center For Developmental Disabilities 1986 – Accountants Microsystems Inc, Dimensions In Testing, Geer Inc, Ollila Elaine CPA, Windrose Travel Inc
1991 – Accountants Microsystems Inc, Accounting & Tax Info Line, American Trust Deeds, Cal Western Property Management, De Costa Cliff Ins, Hansen Les Inc, Sport Automobile Brokerage Inc, Weber CF Chuck Rl Est Brkr Cf Weber & Associates, Williams Larry C DC, Winchester Chiropractic Offices, Windrose Travel Inc, Wang Richard W CPA, Private Individuals
1996 – Cal Western Property Management, Peter Bnoqnan Realtor, 100 Tee Sonmy CPA, 102 Orthopedic Network, 102 Winches Ter Chiropractic Offices, 112 Monolithic Design Inc, 113 Securities America Dan Nagy, 130 Hosfo Rd Insurance Agency, 132 Advanced Properties Inc
2000 – A, Advanced Properties, Cal Western Property, Cheap Insurance Agency, Claus James Real Estate Broker, Hosford Insurance Agency 408 24 S, Keh Liza CPA, Nagy Dan Scrtys AM, Noonan Peter B Real Est Broker, Primerica Fncl Svs, Securities America Williams Larry DC, Williams Sharon DC 408 29 M, Winchester Chiropractic, Yee Sonny CPA, Yee & Keh CPAs 2006 – Cal Western, Property Management Claus James Real, Estate Broker Fujikawa, Associate Fujikawa&, Associate CPA Gallaway Matt, Noonan Peter B, Real Est Broker Williams Larry, DC Williams Sharon, DC Winchester, Chiropractic, Offices Yee Sonny CP
2010 – Cal Western LPD. M & S Fund IX A Cal LTD Part, Gallaway Matthew, Keh Liza CPA,Williams Larry & Sharon Inc, Fugikawa Dan, Fujikawa & Associates CPA, Pegg Family Trust, Sheffield Investments, Tech Mahindr Corp
2014 – Fujikawa & Associates CPA, M & S Fund IX A Cal LTD Part, NorCal Professional Home Heal, Gallaway Matthew, SL Properties, Williams Larry & Sharon Inc, Cal Western LPD, Keh Liza CPA
1298 South Winchester Blvd 1966 – Smith’s Texaco Service Station Gas Station, Contractor’s Service Concrete
1970-1980 – Barejas Texaco Service
1985 – Qurn’s Auto Bay
1996-2006 – Taco Bell
2010-2014 – Winter James
3071 Payne Avenue 1996 – A Greene Investigations, B Chateau Realty Inc, B Liquori Jim, B The Appraisal Advantage, Henderson Community Church, A Twin Peaks Investors
2000 – Uquorijim, Monolithic Design, N 00 Nan Peter, Signature Properties, e Teappraisal Advantage
2006 – Appraisal Advantage, Liquorijim, Signature, Properties, Star Programs
2010-2014 – Ear Associates and Rehabi, Star House No 1, Jennifer Maw MD Inc, Auto Mall Parkway LLC, Hyd Management LLC (2010)
Historical Tenants
Adjacent Properties
Address Year – Occupant
WEST
1245 South Winchester Blvd 1975-2014 – Multi-tenant Office Building 1275 South Winchester Blvd 1982 – Administrative Office, Bonanza Building Centers Phase I Environmental Site Assessment
1212 & 1224 South Winchester Boulevard
San Jose, California 95128
19 Historical Tenants
Adjacent Properties
Address Year – Occupant
1985-2014 – Multi-tenant Office Building, Easter Seal Society (1985) 1201 South Winchester Blvd 1985-2014 – Bethel Church of San Jose, Iranian Assembly God Church (2010-2014), Bernhard Johnson Ministries Community Church, Kindergarten School of Music (1991-2006), Pre School (2006), Restoration Counseling Services (1991-2000), Singing Christmas Tree (1991-2000), I Single Life Ministries (1991), Single Adult Fellowship (1985), Career Life Ministries (2000), City of Hope Romania (1996)
City directory listings show that the Site structures were occupied with private residents for use of the Site as single-family dwellings. Also, listings at 1212 South Winchester Boulevard show that a florist company has occupied the structure since 2010, likely as an at-home business. At 1224 South Winchester Boulevard, several religious affiliated listings were given from the years 1970 to 1996. City directory listings show primarily residentially occupied homes to the north and east. Some of the residential homes to the north appear to have at-home business or office spaces used by realtors, with the exception of a couple of manufacturing companies being listed at what has been assumed to be residential properties. The southadjacent building is shown to have been used as a hospital, rehabilitation center, and/or skilled nursing care facility since 1970 to the present day. Beyond that is an office building with listings from the 1980’s to the present day, a gasoline service station from 1966 to 1985 before being redeveloped into a Taco Bell fast food restaurant prior to 1996 and a small office building. A large, multi-tenant office building was identified to the west, across South Winchester Boulevard since at least 1975, followed by another which has its earliest listing in 1982. Also, a church occupied lot at 1201 South Winchester Boulevard since at least 1985.

None of the listings in the tables above of nearby listed businesses are expected to be of environmental concern based on the information provided. The gasoline service station at 1298 South Winchester Boulevard is further explained in Section 6.1 below. A copy of the City Directory Abstract report is included in Appendix G.

5.6 Previous Environmental Documentation
No previous environmental documentation was provided by the User or the current owner of the Site.

Phase I Environmental Site Assessment
1212 & 1224 South Winchester Boulevard
San Jose, California 95128
20 6.0 REGULATORY RECORDS REVIEW
Essel reviewed federal and state regulatory agency database information, provided by Environmental Data Resources, Inc. (EDR), of Shelton, Connecticut, concerning activities that may be of environmental concern at and in the vicinity of the Site. The database search was conducted using publicly available regulatory records, as detailed in a September 20, 2019 EDR Radius Map™ Report with GeoCheck® (EDR report).

The EDR report includes properties and facilities that are contained in regulatory-agency environmental databases and are located within the ASTM-specified search radius of the Site for the applicable database.

The EDR report also contains the EDR Historic Auto and EDR Historic Cleaner databases that EDR generates from a search of business directories. Businesses that EDR judges might potentially be gasoline service stations or dry cleaners and are located within ⅛-mile of the Site are included in the two respective databases. The following table summarizes the findings of the database report, a copy of which is included in Appendix I.

Database
Target
Property
Search
Distance
(Miles) < 1/8 1/8 – 1/4 1/4 – 1/2 1/2 – 1 > 1
Total
Plotted

STANDARD ENVIRONMENTAL RECORDS
NPL 1.000 0 0 0 0 NR 0
Proposed NPL 1.000 0 0 0 0 NR 0
NPL LIENS 1.000 0 0 0 0 NR 0
Delisted NPL 1.000 0 0 0 0 NR 0
FEDERAL FACILITY 0.500 0 0 0 NR NR 0
SEMS 0.500 0 0 0 NR NR 0
SEMS-ARCHIVE 0.500 0 0 0 NR NR 0
CORRACTS 1.000 0 0 0 0 NR 0
RCRA-TSDF 0.500 0 0 0 NR NR 0
RCRA-LQG 0.250 2 2 NR NR NR 4
RCRA-SQG 0.250 0 0 NR NR NR 0
RCRA-VSQG 0.250 0 0 NR NR NR 0
LUCIS 0.500 0 0 0 NR NR 0
US ENG CONTROLS 0.500 0 0 0 NR NR 0
US INST CONTROL 0.500 0 0 0 NR NR 0
ERNS 0.001 0 NR NR NR NR 0
RESPONSE 1.000 0 0 0 0 NR 0
ENVIROSTOR 1.000 0 0 0 2 NR 2
SWF/LF 0.500 0 0 0 NR NR 0
LUST 0.500 7 0 9 NR NR 16
INDIAN LUST 0.500 0 0 0 NR NR 0
CPS-SLIC 0.500 0 0 1 NR NR 1
HIST LUST 0.500 5 0 5 NR NR 10
FEMA UST 0.250 0 0 NR NR NR 0
UST 0.250 1 0 NR NR NR 1
AST 0.250 0 0 NR NR NR 0
INDIAN UST 0.250 0 0 NR NR NR 0
VCP 0.500 0 0 0 NR NR 0
INDIAN VCP 0.500 0 0 0 NR NR 0
BROWNFIELDS 0.500 0 0 0 NR NR 0

ADDITIONAL ENVIRONMENTAL RECORDS
Phase I Environmental Site Assessment
1212 & 1224 South Winchester Boulevard
San Jose, California 95128
21 US BROWNFIELDS 0.500 0 0 0 NR NR 0
WMUDS/SWAT 0.500 0 0 0 NR NR 0
SWRCY 0.500 0 0 0 NR NR 0
HAULERS 0.001 0 NR NR NR NR 0
INDIAN ODI 0.500 0 0 0 NR NR 0
DEBRIS REGION 9 0.500 0 0 0 NR NR 0
ODI 0.500 0 0 0 NR NR 0
IHS OPEN DUMPS 0.500 0 0 0 NR NR 0
US HIST CDL 0.001 0 NR NR NR NR 0
HIST Cal-Sites 1.000 0 0 0 0 NR 0
SCH 0.250 0 0 NR NR NR 0
CDL 0.001 0 NR NR NR NR 0
Toxic Pits 1.000 0 0 0 0 NR 0
CERS HAZ WASTE 0.250 2 2 NR NR NR 4
US CDL 0.001 0 NR NR NR NR 0
PFAS 0.500 0 0 0 NR NR 0
SWEEPS UST 0.250 1 1 NR NR NR 2
HIST UST 0.250 3 2 NR NR NR 5
CA FID UST 0.250 0 0 NR NR NR 0
CERS TANKS 0.250 1 0 NR NR NR 1
LIENS 0.001 0 NR NR NR NR 0
LIENS 2 0.001 0 NR NR NR NR 0
DEED 0.500 0 0 0 NR NR 0
HMIRS 0.001 0 NR NR NR NR 0
CHMIRS 0.001 1 NR NR NR NR 1
LDS 0.001 0 NR NR NR NR 0
MCS 0.001 0 NR NR NR NR 0
SPILLS 90 0.001 0 NR NR NR NR 0
RCRA NonGen / NLR 0.250 1 8 NR NR NR 9
FUDS 1.000 0 0 0 0 NR 0
DOD 1.000 0 0 0 0 NR 0
SCRD DRYCLEANERS 0.500 0 0 0 NR NR 0
US FIN ASSUR 0.001 0 NR NR NR NR 0
EPA WATCH LIST 0.001 0 NR NR NR NR 0
2020 COR ACTION 0.250 0 0 NR NR NR 0
TSCA 0.001 0 NR NR NR NR 0
TRIS 0.001 0 NR NR NR NR 0
SSTS 0.001 0 NR NR NR NR 0
ROD 1.000 0 0 0 0 NR 0
RMP 0.001 0 NR NR NR NR 0
RAATS 0.001 0 NR NR NR NR 0
PRP 0.001 0 NR NR NR NR 0
PADS 0.001 0 NR NR NR NR 0
ICIS 0.001 0 NR NR NR NR 0
FTTS 0.001 0 NR NR NR NR 0
MLTS 0.001 0 NR NR NR NR 0
COAL ASH DOE 0.001 0 NR NR NR NR 0
COAL ASH EPA 0.500 0 0 0 NR NR 0
PCB TRANSFORMER 0.001 0 NR NR NR NR 0
RADINFO 0.001 0 NR NR NR NR 0
HIST FTTS 0.001 0 NR NR NR NR 0
DOT OPS 0.001 0 NR NR NR NR 0
CONSENT 1.000 0 0 0 0 NR 0
INDIAN RESERV 1.000 0 0 0 0 NR 0
FUSRAP 1.000 0 0 0 0 NR 0
Phase I Environmental Site Assessment
1212 & 1224 South Winchester Boulevard
San Jose, California 95128
22 UMTRA 0.500 0 0 0 NR NR 0
LEAD SMELTERS 0.001 0 NR NR NR NR 0
US AIRS 0.001 0 NR NR NR NR 0
US MINES 0.250 0 0 NR NR NR 0
ABANDONED MINES 0.250 0 0 NR NR NR 0
FINDS 0.001 0 NR NR NR NR 0
UXO 1.000 0 0 0 0 NR 0
DOCKET HWC 0.001 0 NR NR NR NR 0
ECHO 0.001 0 NR NR NR NR 0
FUELS PROGRAM 0.250 0 0 NR NR NR 0
CA BOND EXP. PLAN 1.000 0 0 0 0 NR 0
Cortese 0.500 1 0 0 NR NR 1
CUPA Listings 0.250 7 10 NR NR NR 17
DRYCLEANERS 0.250 1 1 NR NR NR 2
EMI 0.001 0 NR NR NR NR 0
ENF 0.001 0 NR NR NR NR 0
Financial Assurance 0.001 0 NR NR NR NR 0
HAZNET 0.001 0 NR NR NR NR 0
ICE 0.001 0 NR NR NR NR 0
HIST CORTESE 0.500 5 0 3 NR NR 8
HWP 1.000 0 0 0 0 NR 0
HWT 0.250 0 0 NR NR NR 0
MINES 0.250 0 0 NR NR NR 0
MWMP 0.250 0 0 NR NR NR 0
NPDES 0.001 0 NR NR NR NR 0
PEST LIC 0.001 0 NR NR NR NR 0
PROC 0.500 0 0 0 NR NR 0
Notify 65 1.000 0 0 0 0 NR 0
HAZMAT 0.250 4 4 NR NR NR 8
UIC 0.001 0 NR NR NR NR 0
UIC GEO 0.001 0 NR NR NR NR 0
WASTEWATER PITS 0.500 0 0 0 NR NR 0
WDS 0.001 0 NR NR NR NR 0
WIP 0.250 0 0 NR NR NR 0
MILITARY PRIV SITES 0.001 0 NR NR NR NR 0
PROJECT 0.001 0 NR NR NR NR 0
WDR 0.001 0 NR NR NR NR 0
CIWQS 0.001 0 NR NR NR NR 0
CERS 0.001 0 NR NR NR NR 0
NON-CASE INFO 0.001 0 NR NR NR NR 0
OTHER OIL GAS 0.001 0 NR NR NR NR 0
PROD WATER PONDS 0.001 0 NR NR NR NR 0
SAMPLING POINT 0.001 0 NR NR NR NR 0
WELL STIM PROJ 0.001 0 NR NR NR NR 0

EDR HIGH RISK HISTORICAL RECORDS
EDR MGP 1.000 0 0 0 0 NR 0
EDR Hist Auto 0.125 4 NR NR NR NR 4
EDR Hist Cleaner 0.125 2 NR NR NR NR 2

EDR RECOVERED GOVERNMENT ARCHIVES
RGA LF 0.001 0 NR NR NR NR 0
RGA LUST 0.001 0 NR NR NR NR 0
NOTES:

TP = Target Property
NR = Not Requested at this Search Distance
Sites may be listed in more than one database
Phase I Environmental Site Assessment
1212 & 1224 South Winchester Boulevard
San Jose, California 95128
23 Some facilities listed in the EDR report (referred to as orphan sites) are not shown on the radius map because of inadequate address information. Such occurrences are the result of limitations in the regulatory database.

No orphan sites were identified in the EDR report.

6.1 Site and Surrounding Property Record Sources
Site
The Site is listed on the California Hazardous Material Incident Report System (CHMIRS) environmental database with no listed facility name and the address of 1224 North Winchester. The listing states that a private individual reported to the Santa Clara County Health Department seeing another individual dumping paint into the storm drain. This listing is assumed to be incorrectly placed on the Site location due to the listed address being North Winchester instead of South Winchester.

Surrounding Properties
The search performed by EDR identifies nearby properties and facilities that are listed on various environmental databases. These facilities are included in the EDR report if they are located within the ASTM-specified search radius of the Site for the applicable database. Some of these databases track information that does not pertain to releases of petroleum products or hazardous materials or wastes. In addition, chemical releases (particularly petroleum-product releases) often result in only local impacts to soil and ground water. The lateral migration of these contaminants in either liquid or vapor phases in soil or dissolved in the ground water may extend several tens to a few hundred feet from the release point, depending on the magnitude of the release. Therefore, chemical releases at locations that are within ⅛-mile (660 feet) of a property, particularly locations that are upgradient with respect to the direction of groundwater flow, are considered to have a higher potential to impact that property, whereas more distant properties and properties that are down-gradient or cross-gradient to a site have less potential for such impact.

The EDR report includes 29 entries for facilities that are located with ⅛-mile of the Site. Two (2) entries are included on the EDR Historic Cleaner database, four (4) on the EDR Historical Auto database, and the remaining twenty-three (23) entries are included on various regulatory-agency environmental databases. A summary of the environmental database information for the pertinent adjacent or nearby properties is presented below with an evaluation of the potential for environmental impact to have occurred based on proximity, use, and location (up-gradient, cross-gradient, down-gradient) relative to the inferred predominant northwest direction of groundwater flow.

Phase I Environmental Site Assessment
1212 & 1224 South Winchester Boulevard
San Jose, California 95128
24 Auto Facilities
The EDR Historic Auto database is generated by EDR through a search of historical business directories and includes names and addresses of automobile service facilities, including gasoline service stations. This database is not a regulatory environmental database. The following list contains the names, addresses, years of operation, and relative hydraulic location of historic auto businesses that presumably were located within ⅛-mile of the Site.
 Jerry’s Mobil Service, 1299 South Winchester Blvd, 1970-1988, cross-gradient  Barajas Texaco Service, 1298 South Winchester Blvd, 1966-1989, cross-gradient to up-gradient  West Park Shell, 1304 South Winchester Blvd, 1975-1989, cross-gradient to up-gradient  Mike’s Chevron Service Station, 1301 South Winchester Blvd, 1970-2014, cross-gradient Each of these facilities are explained in greater detail below due to being listed on additional environmental databases.

Cleaner Facilities
The EDR Historic Cleaner database is generated by EDR through a search of historical business directories and includes names and addresses of cleaning facilities, which may or may not be dry cleaners. The EDR Historic Cleaner database also is not a regulatory environmental database. The following list contains the names, addresses, years of operation, and relative hydraulic location of cleaners’ businesses that presumably were located within ⅛-mile of the Site.
 Winchester Cleaners, 1308 Winchester Blvd, 1993-1996, cross-gradient to up-gradient  Winchester Cleaners, 1308 South Winchester Blvd, 1994-2014, cross-gradient to up-gradient These two cleaner facilities appear to be for the same location, despite being listed twice on the EDR report.

The listings do not indicate the presence of releases of contaminants at the facility location and therefore no reason to believe that this facility is of significant environmental concern to the Site.

Other Facilities
Ferrigno Property/Jerry’s Mobil Service/Mobil Service Station, at 1299 South Winchester Boulevard, is located approximately 285 feet south-southwest and cross-gradient from the Site. This business is included on the Historical Cortese List (Hist Cortese), EDR Historical Auto, Leaking Underground Storage Tank (LUST), Hazardous Substance Storage Container Database (HIST UST), Santa Clara County Historical Fuel Leak Site Activity Report (HIST LUST), and California Environmental Protection Agency (CalEPA) Regulated Site Portal (CERS) environmental databases. This facility has been identified as a Phase I Environmental Site Assessment
1212 & 1224 South Winchester Boulevard
San Jose, California 95128
25 gasoline service station from 1970 to 1988 according to the EDR Historical Auto database listing. The LUST case listing states that four (4) former tanks were removed from the facility on October 30, 1988 and that the LUST case was closed on October 23, 1995. In the case closure summary, the case worker had explained that no groundwater was encountered during exploring down to 70 feet below ground surface and that the samples taken of the soil beneath the former tanks display a low level of contamination and that the leak was not substantial. These explanations for why the facility received closure also explain why it is unlikely that this facility would have adversely impacted the Site. Therefore, this listing is not of significant environmental concern.

Barajas Texaco Service/Texaco/Texaco, at 1298 South Winchester Boulevard, is located approximately 368 feet south and cross-gradient to up-gradient to the Site. This facility is included on the EDR Historical Auto, LUST, HIST LUST, CERS, and Hist Cortese environmental databases. This facility has been identified as a gasoline service station from 1966 to 1989 according to the EDR Historical Auto database listing. The EDR report’s LUST listing states that the case was opened on January 1, 1989 and closed on June 27, 1996. The case closure summary letter states that the four (4) former tanks were removed from the facility on November 16, 1986. Samples taken of the soil at the facility during the tank excavation revealed very minimal contamination and a lack of evidence of a substantial release. Due to the LUST case closure and lack of contamination which would migrate off-site, this listing is not of significant environmental concern.

Shell/West Park Shell/West Park Shell/Shell, at 1304 South Winchester Boulevard, is located approximately 561 feet west and cross-gradient to up-gradient to the Site. This facility is included on the Hist Cortese, EDR Historical Auto, LUST, HIST UST, HIST LUST, and CERS environmental databases.

The EDR report’s LUST listing states that the case was closed October 13, 1994. Five (5) tanks are reported to have been present at this facility and each was removed on March 27, 1987. During the time of the tank removal, it was reported that the tank pit was overexcavated and new tanks were installed. In August of 1987, the newer tanks were then removed. The facility was redeveloped into a shopping center between 1988 and 1991. Sampling of the area surrounding the former tanks had taken place during that time and residual contamination was identified. The regulatory agency stated on the case closure letter that there are low mobility of the contaminants. Due to this fact and that the case had been closed for several years, this listing is not expected to be a significant concern to the Site.

Chevron/Mike’s Chevron Service Station/Winchester-Payne Chevron/Winchester-Payne Chevron Svc/WinchesterPayne Chevron/ Chevron Station #96027/Chevron #6027/Chevron #9-6027, at 1301 South Winchester Boulevard, is located approximately 600 feet south-southwest and cross-gradient to the Phase I Environmental Site Assessment
1212 & 1224 South Winchester Boulevard
San Jose, California 95128
26 Site. This facility is included on the Hist Cortese, EDR Historical Auto, LUST, HIST UST, CERS, CUPA Listings, Statewide Environmental Evaluation and Planning System (SWEEPS UST), Facility Index System (FINDS), Facility and Manifest Data (HAZNET), Resource Conservation and Recovery Act (RCRA) Large Quantity Generator (LQG), Enforcement & Compliance History Information (ECHO), CERS Tanks, and CERS Haz Waste environmental databases. There are two LUST cases shown with one with the status of being closed on December 22, 1998 and the other on November 7, 2001. A third LUST case is listed as having been opened on May 2, 2016 and remains opened. A recent site assessment report dated June 5, 2019 by Arcadis U.S., Inc. states that the contamination plume is less than 100 feet in length of low concentration petroleum. Due to this short length of the plume and the Site being approximately 600 feet away, this listing is not expected to be of significant environmental concern.

All other off-Site properties included in the EDR report are at locations that are either greater than ⅛-mile (660 feet) from the Site, are downgradient or cross-gradient to the Site with respect to the inferred direction of groundwater flow, or are included on databases that do not indicate that releases of petroleum products/wastes or hazardous materials/wastes occurred on the properties. These facilities are not likely to have adversely impacted the Site.

6.2 Agency Records Search
In addition to the database report provided by EDR, Essel contacted or researched other regulatory-agency sources of environmental documents, described as follows.

City of San Jose Building Division
Essel reviewed online permits available for the Site addresses on September 26, 2019. Section 5.2 presents a description of the records reviewed.

City of San Jose Fire Department (SJFD)
Essel requested records from SJFD via online public records request on September 19, 2019. In an email response on September 20, 2019, the SJFD stated that they will search their records. As of the date of this report, Essel has not received any records from SJFD for either Site address.

Phase I Environmental Site Assessment
1212 & 1224 South Winchester Boulevard
San Jose, California 95128
27 County of Santa Clara Department of Environmental Health (SCDEH) Essel submitted an online records request to the SCCDEH to review available records for the Site addresses on September 19, 2019. A representative of the department responded on September 23, 2019 stating that they have no records on file for the Site.

Bay Area Air Quality Management District (BAAQMD)
Essel submitted an online records request to the BAAQMD on September 23, 2019. On the same day, the BAAQMD responded indicating that their office has no records for the two Site addresses.

State Water Resources Control Board (SWRCB)
Essel accessed the State Water Resources Control Board’s GeoTracker electronic database to review records for the Site pertaining to leaking USTs, hazardous materials releases, investigations, and cleanup actions. No records were found on GeoTracker for the Site addresses.

California Environmental Protection Agency (CalEPA) Regulated Site Portal Essel accessed the CalEPA regulated site portal to research information related to hazardous materials or substances that may be regulated by a California agency. No records were found on the CalEPA regulated site portal for the Site addresses.

California Department of Toxic Substances Control (DTSC EnviroStor) Essel accessed the DTSC’s online EnviroStor database to research information related to hazardous materials/wastes release incidents or clean-up actions at the Site. No records were found on EnviroStor for the Site addresses.

California Department of Toxic Substances Control Hazardous Waste Tracking System (DTSC HWTS)
Essel accessed the DTSC online HWTS database to identify disposal records (waste manifests) pertaining to hazardous wastes associated with the Site. No records were found on the DTSC HWTS database for the Site addresses.

Phase I Environmental Site Assessment
1212 & 1224 South Winchester Boulevard
San Jose, California 95128
28 7.0 SITE RECONNAISSANCE
Mr. Minh Ngo of Essel performed a reconnaissance of the Site on September 27, 2019. Ms. Ines Alvizar and Mr. Mar, Site occupants, were present for the reconnaissance. The findings of the reconnaissance are presented in the following sections and photographs of the Site taken during the reconnaissance are included in Appendix B.

7.1 Underground/Aboveground Storage Tanks
No evidence of current or former underground storage tanks (USTs) or aboveground storage tanks (ASTs) were observed during the Site reconnaissance. None of the regulatory databases or other regulatory agency records searched during this Phase I ESA contained information pertaining to either USTs or ASTs.

7.2 Pits, Ponds, Lagoons, Sumps, and Wells
No pits, ponds, lagoons, sumps, or wells were observed during the Site reconnaissance.

7.3 Petroleum Products and Hazardous Materials and Wastes During the reconnaissance of the Site, Essel observed fluorescent lamps, several spray bottles of cleaners, a few containers of toilet bowl cleaner, several bottles of bleach, several bottles of hand soap, three compressed helium gas cylinders, several bottles of glue and adhesives, several cans of spray paint, some cans of wood preservative, two containers of motor oil, two propane gas cylinders, about a dozen 5-gallon buckets of paint, seven one-gallon buckets of paint, containers of furniture polish, and some spray cans of air fresheners.

7.4 Staining and Other Evidence of Chemical Releases
Minor evidence of staining was observed in the concrete-paved parking area at 1224 S Winchester Blvd.

The occurrences are likely from parked automobiles and are on the surface of the concrete flooring. Due to the small area of staining and the thickness of the concrete, it is unlikely that the subsurface has been impacted beneath the Site.

7.5 Solid Non-Hazardous Waste
Standard-sized bins for typical household non-hazardous waste, yard waste, and recyclable materials were observed in the backyard of 1212 S Winchester Blvd and in the concrete-paved parking area at 1224 S Phase I Environmental Site Assessment
1212 & 1224 South Winchester Boulevard
San Jose, California 95128
29 Winchester Blvd. The GreenTeam of San Jose performs garbage pick-up at the Site. No other solid nonhazardous waste was identified at the Site.

7.6 Wastewater and Stormwater Management
No wastewater other than typical household domestic wastewater is generated at the Site. A stormwater runoff drain was observed in the southwest corner of the Site along South Winchester Boulevard. The domestic wastewater and stormwater runoffs are discharged into the local sanitary sewer and stormwater systems.

7.7 Utilities
The San Jose Water Company provides potable water, sanitary sewer, and stormwater services to the Site.

Pacific Gas & Electric Company provides electric and natural gas services to the Site.

7.8 Polychlorinated Biphenyls (PCB)-Containing Equipment One pole-mounted transformer was observed above the east-adjacent property boundary in the central portion of 1212 S Winchester Blvd. The transformer appeared to be in good condition with no signs of stains or leaks. Based on the good condition, the transformer is not expected to represent a significant environmental concern.

Fluorescent light ballasts and lamps were observed inside throughout the Site buildings. Unless otherwise labeled, fluorescent light ballasts should be assumed to contain PCBs. Unlabeled ballasts and fluorescent lamps must be disposed of properly in accordance with applicable state and federal regulations.

7.9 Air Quality
No unusual smells, odors, or visual emissions were noted at the Site during the reconnaissance; however, these observations are general in nature and should not be construed as an air quality assessment.

7.10 Moisture-Intrusion/Mold
No evidence of moisture-intrusion or mold was observed during the Site reconnaissance.

7.11 Vapor Encroachment
A vapor encroachment condition (VEC) is defined by ASTM E 2600-10 (Standard Guide for Vapor Encroachment Screening on Property Involved in Real Estate Transactions) as the presence or likely Phase I Environmental Site Assessment
1212 & 1224 South Winchester Boulevard
San Jose, California 95128
30 presence of volatile chemical vapors in the subsurface of the target property caused by the release of vapors from contaminated soil or groundwater or both either on or near the target property. The ASTM standard further defines the critical distance as the linear distance contaminant vapors that have volatilized from contaminated soil or ground water might migrate in the vadose zone beyond the edge of the contaminant mass or plume. For petroleum hydrocarbons in soil or dissolved in groundwater, the critical distance is 30 feet. For non-aqueous phase petroleum liquids on the ground water and non-petroleum volatile compounds in soil and groundwater, the critical distance is 100 feet in any direction beyond the edge of a contaminant mass or plume. A VEC may exist for a Site if a volatile contaminant plume is present within the critical distance of the Site property.

No evidence has been found to indicate that USTs containing volatile chemicals (such as gasoline) have been or are present at the Site and no known contaminant plumes have been identified in the groundwater beneath the Site or within a critical distance of the Site. A vapor encroachment condition; therefore, is not likely to be present at the Site.

Phase I Environmental Site Assessment
1212 & 1224 South Winchester Boulevard
San Jose, California 95128
31 8.0 INTERVIEWS

8.1 Interview with Site Owner
The Site owner was not available for interview during the Site reconnaissance.

8.2 Interview with Site Manager
No Site manager was available for interview during the Site reconnaissance.

8.3 Interviews with Site Occupants
Ms. Alvizar and Mr. Mar, Site occupants, were interviewed during the Site reconnaissance. Information obtained from Ms. Alvizar and Mr. Mar is included in pertinent sections of this report.

8.4 Interviews with Local Government Officials
No local government officials were interviewed during the course of this Phase I ESA.

8.5 Interviews with Others
No other individuals were interviewed during the course of this Phase I ESA.

Phase I Environmental Site Assessment
1212 & 1224 South Winchester Boulevard
San Jose, California 95128
32 9.0 FINDINGS, OPINION, AND CONCLUSION

9.1 Findings
Based on the information obtained during the course of this Phase I ESA, Essel finds the following.  No recognized environmental condition is identified in connection with the Site.  No controlled recognized environmental condition is associated with the Site.  No historical recognized environmental condition is present in connection with the Site.  No de minimis environmental condition is present in connection with the Site.

9.2 Opinion
A recognized environmental condition in connection with the Site, which is defined as “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. Information obtained during the course of this Phase I ESA indicates that hazardous substances or petroleum products are not present at the Site; therefore, no recognized environmental condition was identified in connection with the Site.

9.3 Conclusion and Recommendation
Essel has performed a Phase I ESA in general conformance with the scope and limitations of ASTM Practice E 1527-13 for the Site located at 1212 & 1224 South Winchester Boulevard in San Jose, California.

Any exceptions to, or deletions from, this practice are described in Section 11.0 of the accompanying report.

Phase I Environmental Site Assessment
1212 & 1224 South Winchester Boulevard
San Jose, California 95128
33 10.0 DEVIATIONS FROM THE ASTM STANDARD
No significant deviations from the ASTM standard were noted.

Phase I Environmental Site Assessment
1212 & 1224 South Winchester Boulevard
San Jose, California 95128
34 11.0 CERTIFICATION, LIMITATIONS, AND RELIANCE
Essel Environmental Consulting, Inc. (Essel) has performed this Phase I ESA in accordance with American Society for Testing and Materials (ASTM) Standard E 1527-13, the scope of services identified in this report, and the service agreement. The information presented in this Phase I ESA conveys Site conditions that Essel could readily observe and reasonably ascertain to be present at the time of the Site visit and on information provided by others. Essel has no reason to suspect or believe that the information provided by others is inaccurate. The findings and conclusions represent the professional opinion and judgment of Essel based on these observations and review of the provided information.

The objective of this Phase I ESA was to ascertain the potential presence or absence of recognized environmental conditions that could impact the Site, as delineated in the scope of services and limitations identified in this report and in the service agreement. The procedure was to perform reasonable steps in accordance with existing regulations, currently available technology, and generally accepted environmental consulting practices, in order to accomplish the stated objective.

This Phase I ESA has been performed for the exclusive use and benefit of the addressee(s) identified on the cover of this report, or agents directly specified by it (them), for the transaction at issue concerning the subject property described in this report. This Phase I ESA shall not be used or relied upon by others without the prior written consent of Essel and of the addressee(s) named on the cover of this report.

Signature of Reviewer and Environmental Assessor:

Minh Ngo Tyler Barazoto
Project Geologist Environmental Consultant
I declare that, to the best of my professional knowledge and belief, I meet the definition of Environmental professional as defined in §312.10 of 40 CFR 312.

I have the specific qualifications based on education, training, and experience to assess a property of the nature, history, and setting of the subject property. I have developed and performed the all appropriate inquiries in conformance with the standards and practices set forth in 40 CFR Part 312.

Sincerely,
Nik Lahiri
Principal
Phase I Environmental Site Assessment
1212 & 1224 South Winchester Boulevard
San Jose, California 95128
35 12.0 REFERENCES
City/County/Regional
Bay Area Air Quality Management District – online records request City of San Jose Building Division – online records search City of San Jose Fire Department – emailed records request County of Santa Clara Department of Environmental Health– emailed records request and online records search
State
California Department of Toxic Substances Control – EnviroStor (https://www.envirostor.dtsc.ca.gov/public/)
California Department of Toxic Substances Control – Hazardous Waste Tracking System (https://hwts.dtsc.ca.gov/report_search.cfm?id=5)
California Environmental Protection Agency – Regulated Site Portal (https://siteportal.calepa.ca.gov/nsite/)
Department of Conservation – Division of Oil, Gas & Geothermal Resources (https://maps.conservation.ca.gov/doggr/wellfinder/#close/-118.94276/37.10257/6) State Water Resources Control Board – GeoTracker (https://geotracker.waterboards.ca.gov/) Federal
Federal Emergency Management Agency, Federal Insurance Administration, National Flood Insurance Program, Flood Insurance Rate Map No. 06085C0237H, dated May 18, 2009.

United States Environmental Protection Agency, EPA Map of Radon Zones, www.epa.gov/radon/zonemap.html
United States Fish and Wildlife Service, National Wetlands Inventory maps, www.fws.gov Publications/Consultant Reports
California Department of Water Resources, California’s groundwater. Bulletin 118 Update, February 27, 2004.

GHD Services Inc., Soil and Groundwater Investigation Report, Chevron Service Station 96027, 1301 South Winchester Boulevard, San Jose, California, SCVWDID No. 2016-03f, July 10, 2018.

Helley, E. J., Graymer, R. W., Phelps, G. A., Showalter, P. K., and Wentworth, C. M., Quaternary geology of Santa Clara Valley, Santa Clara, Alameda, and San Mateo Counties, California: A digital database. United States Geological Survey Open-File Report 94-231, map scale 1:50,000, May 1994.

Poland, J. F. and Ireland, R. L., Land subsidence in the Santa Clara Valley, California as of 1982.

United States Geological Survey Professional Paper 497 F, 61 p., 1988.

Santa Clara Valley Water District, Standards for the construction and destruction of wells and other deep excavations in Santa Clara County. SCVWD – IM890 (revised), 30 p., June 1989.

United States Geological Survey, San Jose West Quadrangle, California – Santa Clara County,

7.5-minute series topographic map, scale 1:24,000, 2018.

Other Reports
Environmental Data Resources, Inc. (EDR):
 EDR Radius Map™ Report with GeoCheck®, 1212-1224 South Winchester Boulevard, San Jose, CA 95128, Report No. 5797256.2s, dated September 20, 2019.

Phase I Environmental Site Assessment
1212 & 1224 South Winchester Boulevard
San Jose, California 95128
36 o Regulatory database information
o Well information
o Radon information
o Wetlands
 Certified Sanborn® Map Report, 1212-1224 South Winchester Boulevard, San Jose, CA 95128, Report No. 5797256.3, dated September 20, 2019.
 EDR Historical Topo Map Report with QuadMatch™, 1212-1224 South Winchester Boulevard, San Jose, CA 95128, Report No. 5797256.4, dated September 20, 2019.  EDR City Directory Abstract, 1212-1224 South Winchester Boulevard, San Jose, CA 95128, Report No. 5797256.5, dated September 20, 2019.
 EDR Aerial Photo Decade Package, 1212-1224 South Winchester Boulevard, San Jose, CA 95128, Report No. 5797256.8, dated September 20, 2019.

APPENDIX A

SITE TOPOGRAPHIC AND VICINITY MAPS

APPENDIX B

SITE PHOTOGRAPHS

APPENDIX C

USER QUESTIONNAIRE
Not Completed

APPENDIX D

ENVIRONMENTAL LIEN AND AUL SEARCH
Not Included

APPENDIX E

AERIAL PHOTOGRAPHS

APPENDIX F

TOPOGRAPHIC MAPS

APPENDIX G

CERTIFIED SANBORN MAP REPORT

APPENDIX H

CITY DIRECTORY ABSTRACT REPORT

APPENDIX I

RADIUS MAP REPORT WITH GEOCHECK

APPENDIX J

REGULATORY AGENCY RECORDS

APPENDIX A

SITE TOPOGRAPHIC AND VICINITY MAPS
APPROXIMATE SCALE (MILES) 0 0.5

A & Z DEVELOPMENT

PHASE I ENVIRONMENTAL SITE

ASSESSMENT
1212 & 1224 SOUTH WINCHESTER

BOULEVARD
SAN JOSE, CALIFORNIA 95128

SITE TOPOGRAPHIC MAP

SUBJECT SITE

REFERENCE(S)
United States Geological Survey,
San Jose West Quadrangle,
Santa Clara County - California

7.5-minute Series Topographic Map,
Scale 1:24,000, 2018.

CLIENT

PROJECT
TITLE

CONSULTANT
DATE

PREPARED BY
PROJECT NO.

FIGURE 1
SEPTEMBER 2019
MN
19254

ADDRESS N

APPROXIMATE SCALE (FEET)
0 100

SUBJECT SITE

BOUNDARY

PHASE I ENVIRONMENTAL SITE

ASSESSMENT
1212 & 1224 SOUTH WINCHESTER

BOULEVARD
SAN JOSE, CALIFORNIA 95128

SITE VICINITY MAP
Google Earth, 2019.

REFERENCE(S)

A & Z DEVELOPMENT
Redoaks Drive
1224 South Winchester Boulevard
South Winchester Boulevard
Residence
1210 South Winchester Boulevard
Bethel Church
1201 South Winchester Boulevard
A Grace Subacute & Skilled Care
1250 South Winchester Boulevard
1212 South Winchester Boulevard
Commercial office building
1245-1275 South Winchester Boulevard
Residence
1235 Redoaks Drive
Residence
1243 Redoaks Drive
Residence
1247 Redoaks Drive
LEGEND
CLIENT

PROJECT
TITLE

CONSULTANT
DATE

PREPARED BY
PROJECT NO.

FIGURE 2
SEPTEMBER 2019
MN
19254

ADDRESS N

TRANSFORMER

APPENDIX B

SITE PHOTOGRAPHS
Mixed-Use Properties
1212 & 1224 South Winchester Boulevard
San Jose, California 95128
Date of Photographs: September 27, 2019 Essel Project No. 19254 Phase I Environmental Site Assessment Page 1
Photo 1: View of the resin-bound gravel driveway and
parking area at 1212 S Winchester Blvd.

Photo 2: View of the exterior of the residential portion of 1212 S Winchester Blvd.

Photo 3: View of the exterior of the commercial
portion of 1212 S Winchester Blvd.

Photo 4: Living room upon entering the residence.

Photo 5: View of the dining area adjacent to the living room.

Photo 6: View of the kitchen with a large refrigerator, dish washer, stove, oven, and sink.

Mixed-Use Properties
1212 & 1224 South Winchester Boulevard
San Jose, California 95128
Date of Photographs: September 27, 2019 Essel Project No. 19254 Phase I Environmental Site Assessment Page 2
Photo 7: Typical containers of household cleaners and
hand soap below the kitchen sink.

Photo 8: Typical view of a bedroom at the residence.

Photo 9: View of the full-sized bathroom in the
residence.

Photo 10: Party supplies and decorations associated
with the business stored in a closet.

Photo 11: View inside the Alvizar Decorations
portion of the building.

Photo 12: View of the office inside Alvizar
Decorations.

Mixed-Use Properties
1212 & 1224 South Winchester Boulevard
San Jose, California 95128
Date of Photographs: September 27, 2019 Essel Project No. 19254 Phase I Environmental Site Assessment Page 3
Photo 13: Closet with linens and decoration inside the
business portion.

Photo 14: Three helium gas cylinders stored in a
closet, mainly used for balloons.

Photo 15: Stairwell from the business portion to the
subgrade basement.

Photo 16: Additional party supplies and decorations
stored in the basement.

Photo 17: View of the water tank and gas-powered
heater in the basement. No signs of spills or leaks were observed.

Photo 18: View of the alleyway along the south side
of the building. Some containers of wood finishing and
spray paint are on the floor.

Mixed-Use Properties
1212 & 1224 South Winchester Boulevard
San Jose, California 95128
Date of Photographs: September 27, 2019 Essel Project No. 19254 Phase I Environmental Site Assessment Page 4
Photo 19: Storage canopy with cooking supplies,
refrigerators, outdoor heaters, etc.

Photo 20: Two propane tanks located outside the
storage canopy.

Photo 21: View of the backyard with a storage shed in
the distance.

Photo 22: Pole-mounted transformer in the eastern
boundary of the Site.

Photo 23: Decorations and storage boxes inside the
storage shed.

Photo 24: View of the northeastern corner of the
backyard.

Mixed-Use Properties
1212 & 1224 South Winchester Boulevard
San Jose, California 95128
Date of Photographs: September 27, 2019 Essel Project No. 19254 Phase I Environmental Site Assessment Page 5
Photo 25: Rear view of the building finished with
plywood.

Photo 26: Rear view of the residential portion of the
building.

Photo 27: A trash, recycling, and yard waste bin in the backyard.

Photo 28: View of the conference room upon entering
1224 S Winchester Blvd.

Photo 29: Kitchen area with a microwave and sink. Photo 30: Empty hallway near the rear of the building.

Mixed-Use Properties
1212 & 1224 South Winchester Boulevard
San Jose, California 95128
Date of Photographs: September 27, 2019 Essel Project No. 19254 Phase I Environmental Site Assessment Page 6
Photo 31: Several 5-gallon buckets of used paint
outside a storage shed in the backyard.

Photo 32: Containers of paint, paint thinner, and
household cleaners in the storage shed.

Photo 33: View of the southeastern corner of the
backyard.

Photo 34: View of the backyard with another shed in
the northeast corner of the property.

Photo 35: View of a fireplace in the backyard. Photo 36: Mattresses stored in the storage shed in the backyard.

Mixed-Use Properties
1212 & 1224 South Winchester Boulevard
San Jose, California 95128
Date of Photographs: September 27, 2019 Essel Project No. 19254 Phase I Environmental Site Assessment Page 7
Photo 37: View of the exterior of the building. Photo 38: View of the northern alleyway alongside the building.

Photo 39: View of the restroom on the first floor. Photo 40: Containers of household cleaner, furniture polish, and insecticide on a storage shelf.

Photo 41: Typical view of an office workstation on
the first floor.

Photo 42: View of the bathroom on the first floor.

Mixed-Use Properties
1212 & 1224 South Winchester Boulevard
San Jose, California 95128
Date of Photographs: September 27, 2019 Essel Project No. 19254 Phase I Environmental Site Assessment Page 8
Photo 43: Stairwell leading up to the second floor in
the southern portion of the building.

Photo 44: Typical office workstation on the second
floor of the building.

Photo 45: Break area on the second floor. Photo 46: Miscellaneous equipment stored in the garage.

Photo 47: Boxes of patient records stored in the
garage.

Photo 48: Stairwell leading down to the basement
from the garage.

Mixed-Use Properties
1212 & 1224 South Winchester Boulevard
San Jose, California 95128
Date of Photographs: September 27, 2019 Essel Project No. 19254 Phase I Environmental Site Assessment Page 9
Photo 49: Storage boxes, water tank, and gas-powered
heater in the basement. No signs of spills or leaks were observed.

Photo 50: View of the southern exterior of the
building, depicting the two-story portion.

Photo 51: View of the northern exterior of the
building.

Photo 52: View of the concrete-paved driveway and
parking area along the western portion of the Site.

Photo 53: Typical staining on the concrete-paved
parking area.

Photo 54: View of a stormwater runoff drain outside
the southwestern corner of the Site.

Mixed-Use Properties
1212 & 1224 South Winchester Boulevard
San Jose, California 95128
Date of Photographs: September 27, 2019 Essel Project No. 19254 Phase I Environmental Site Assessment Page 10
Photo 55: A Grace Subacute & Skilled Care facility to
the south of the Site at 1250 S Winchester Blvd.

Photo 56: Single-family residence adjacent to the
north at 1210 S Winchester Blvd.

Photo 57: Bethel Church to the west across S
Winchester Blvd at 1201 S Winchester Blvd.

Photo 58: A commercial office building to the west
across S Winchester Blvd at 1245-1275 S Winchester
Blvd.

Photo 59: View of a single-family residence adjacent
to the east at 1243 Redoaks Drive.

Photo 60: View of a single-family residence adjacent
to the east at 1235 Redoaks Drive.

APPENDIX C

USER QUESTIONNAIRE
Not Completed

APPENDIX D

ENVIRONMENTAL LIEN AND AUL SEARCH
Not Included

APPENDIX E

AERIAL PHOTOGRAPHS
The EDR Aerial Photo Decade Package
1212-1224 S Winchester Blvd 1212 S Winchester Blvd San Jose, CA 95128 Inquiry Number: September 20, 20195797256.8 6 Armstrong Road, 4th floor
Shelton, CT 06484
Toll Free: 800.352.0050
www.edrnet.com
2016 1"=500' Flight Year: 2016 USDA/NAIP
2012 1"=500' Flight Year: 2012 USDA/NAIP
2009 1"=500' Flight Year: 2009 USDA/NAIP
2006 1"=500' Flight Year: 2006 USDA/NAIP
1998 1"=500' Flight Date: September 06, 1998 USDA
1993 1"=500' Acquisition Date: June 14, 1993 USGS/DOQQ
1982 1"=500' Flight Date: July 05, 1982 USDA
1974 1"=500' Flight Date: June 26, 1974 USGS
1968 1"=500' Flight Date: June 14, 1968 USGS
1963 1"=500' Flight Date: June 23, 1963 EDR Proprietary Aerial Viewpoint 1956 1"=500' Flight Date: June 09, 1956 USDA
1950 1"=500' Flight Date: April 01, 1950 USDA
1948 1"=500' Flight Date: September 26, 1948 USDA
1939 1"=500' Flight Date: July 31, 1939 USDA
EDR Aerial Photo Decade Package 09/20/19 1212-1224 S Winchester Blvd Site Name: Client Name: Essel Technology Services 1212 S Winchester Blvd 1035 22nd Ave Suite 9 San Jose, CA 95128 Oakland, CA 94606 EDR Inquiry # 5797256.8 Contact: Minh Ngo Environmental Data Resources, Inc. (EDR) Aerial Photo Decade Package is a screening tool designed to assist environmental professionals in evaluating potential liability on a target property resulting from past activities. EDR’s professional researchers provide digitally reproduced historical aerial photographs, and when available, provide one photo per decade. Search Results: Year Scale Details Source
When delivered electronically by EDR, the aerial photo images included with this report are for ONE TIME USE ONLY. Further reproduction of these aerial photo images is prohibited without permission from EDR. For more information contact your EDR Account Executive.

DISCLAIMS THE MAKING OF ANY SUCH WARRANTIES, INCLUDING WITHOUT LIMITATION, MERCHANTABILITY OR FITNESS FOR A PARTICULAR USE OR PURPOSE. ALL RISK IS ASSUMED BY THE USER. IN NO EVENT SHALL ENVIRONMENTAL DATA RESOURCES, INC. BE LIABLE TO ANYONE,

WHETHER ARISING OUT OF ERRORS OR OMISSIONS, NEGLIGENCE, ACCIDENT OR ANY OTHER CAUSE, FOR ANY LOSS OF DAMAGE, INCLUDING, WITHOUT LIMITATION, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES. ANY LIABILITY ON THE PART OF ENVIRONMENTAL DATA RESOURCES, INC. IS STRICTLY LIMITED TO A REFUND OF THE AMOUNT PAID FOR THIS REPORT. Purchaser accepts this Report "AS IS". Any analyses, estimates, ratings, environmental risk levels or risk codes provided in this Report are provided for illustrative purposes only, and are not intended to provide, nor should they be interpreted as providing any facts regarding, or prediction or forecast of, any environmental risk for any property. Only a Phase I Environmental Site Assessment performed by an environmental professional can provide information regarding the environmental risk for any property.

Additionally, the information provided in this Report is not to be construed as legal advice. Copyright 2019 by Environmental Data Resources, Inc. All rights reserved. Reproduction in any media or format, in whole or in part, of any report or map of Environmental Data Resources, Inc., or its affiliates, is prohibited without prior written permission.

EDR and its logos (including Sanborn and Sanborn Map) are trademarks of Environmental Data Resources, Inc. or its affiliates. All other trademarks used herein are the property of their respective owners. 5797256 - 8 page 2 5797256.8 2016 = 500'
5797256.8 2012 = 500'
5797256.8 2009 = 500'
5797256.8 2006 = 500'
5797256.8 1998 = 500'
5797256.8 1993 = 500'
5797256.8 1982 = 500'
5797256.8 1974 = 500'
5797256.8 1968 = 500'
5797256.8 1963 = 500'
5797256.8 1956 = 500'
5797256.8 1950 = 500'
5797256.8 1948 = 500'
5797256.8 1939 = 500'

APPENDIX F

TOPOGRAPHIC MAPS
EDR Historical Topo Map Report
Inquiry Number:
6 Armstrong Road, 4th floor
Shelton, CT 06484
Toll Free: 800.352.0050
www.edrnet.com
with QuadMatch™
1212-1224 S Winchester Blvd 1212 S Winchester Blvd San Jose, CA 95128 September 20, 20195797256.4 EDR Historical Topo Map Report
EDR Inquiry #
Search Results:

P.O.#
Project:

Maps Provided:

Latitude:

Longitude:

UTM Zone:

UTM X Meters:

UTM Y Meters:

Elevation:

Contact:

Site Name: Client Name:
2012
1980
1973
1968
1961
1953
1899
1897
1889
09/20/19 1212-1224 S Winchester Blvd Essel Technology Services 1212 S Winchester Blvd 1035 22nd Ave Suite 9 San Jose, CA 95128 Oakland, CA 94606 5797256.4 Minh Ngo EDR Topographic Map Library has been searched by EDR and maps covering the target property location as provided by Essel Technology Services were identified for the years listed below. EDR’s Historical Topo Map Report is designed to assist professionals in evaluating potential liability on a target property resulting from past activities. EDRs Historical Topo Map Report includes a search of a collection of public and private color historical topographic maps, dating back to the late 1800s.

NA 37.30325 37° 18' 12" North 19254 -121.949595 -121° 56' 59" West Zone 10 North 593089.83 4129030.91 170.44' above sea level This Report contains certain information obtained from a variety of public and other sources reasonably available to Environmental Data Resources, Inc. It cannot be concluded from this Report that coverage information for the target and surrounding properties does not exist from other sources. NO WARRANTY EXPRESSED OR IMPLIED, IS MADE WHATSOEVER IN CONNECTION WITH THIS REPORT. ENVIRONMENTAL DATA RESOURCES, INC. SPECIFICALLY

Additionally, the information provided in this Report is not to be construed as legal advice.

Copyright 2019 by Environmental Data Resources, Inc. All rights reserved. Reproduction in any media or format, in whole or in part, of any report or map of Environmental Data Resources, Inc., or its affiliates, is prohibited without prior written permission. 5797256 4 2 page
Topo Sheet Key
This EDR Topo Map Report is based upon the following USGS topographic map sheets. -
2012 Source Sheets
2012
San Jose West

7.5-minute, 24000
1980 Source Sheets
1980
San Jose West

7.5-minute, 24000
Aerial Photo Revised 1979
1973 Source Sheets
1973
San Jose West

7.5-minute, 24000
Aerial Photo Revised 1973
1968 Source Sheets
1968
San Jose West

7.5-minute, 24000
Aerial Photo Revised 1968
5797256 4 3
page
Topo Sheet Key
This EDR Topo Map Report is based upon the following USGS topographic map sheets. -
1961 Source Sheets
1961
San Jose West

7.5-minute, 24000
Aerial Photo Revised 1960
1953 Source Sheets
1953
San Jose West

7.5-minute, 24000
Aerial Photo Revised 1948
1899 Source Sheets
1899
San Jose
15-minute, 62500
1897 Source Sheets
1897
San Jose
15-minute, 62500
5797256 4 4
page
Topo Sheet Key
This EDR Topo Map Report is based upon the following USGS topographic map sheets. -
1889 Source Sheets
1889
San Jose
15-minute, 62500
5797256 4 5
Historical Topo Map
page
SITE NAME:

ADDRESS:

CLIENT: