23-077 County-Cupertino Joint Policy Framework Agreement for Lehigh Quarry PropertyCounty of Santa Clara and City of Cupertino Joint
Policy Framework Agreement Regarding the Restoration and Potential Future
Development
of the Lehigh Quarry Property
This Policy Framework Agreement for Reclamation and Development of Lehigh Quarry
Property ("Agreement") is adopted by and between the County of Santa Claru ("County") and
the City of Cupertino ("Cupertino"), which may also be collectively referred to as the "Parties"
herein. The purpose of this Framework is to set forth joint planning principles to guide the
Parties when considering restoration and potential future development of the Lehigh Property.
RECITALS
A. This Agreement applies to the real property in the westem Santa Clara County
foothills known as the Permanente Quarry and other property owned by Lehigh Southwest
Cement, Lehigh Hanson,Inc., Hanson Permanente Cement Inc., Heidelberg Cement Inc.,
Heidelberg Materials US Cement LLC, or other related entities (collectively, "Lehigh') within
the Parties' jurisdictions (collectively, the "Lehigh Property"). A list of the parcels that comprise
the Lehigh Property is attached hereto as Exhibit A, and the parcels are depicted on the map
attached hereto as Exhibit B. A map of the Lehigh Property showing the jurisdictional
boundaries is attached hereto as Exhibit C.
B. Lehigh has historically operated two facilities on the Lehigh Property: the
Permanente Quarry, and the Lehigh Cement Plant. Permanente Quarry is a limestone and
aggregate mining operation that operates subject to vested rights and a Reclamation Plan that
was originally approved in 1985 and amendedin2}lZ (2012 Reclamation Plan Amendment)
The Lehigh Cement Plant operates pursuant to a use permit issued by the County in1939.
C. Over the years, operations at the Lehigh Property have been the subject of
numerous notices of violation and other enforcement actions by federal, state, and local
regulatory agencies including, but not limited to, the U.S. Environmental Protection Agency, the
Bay Area Air Quality Management District, the San Francisco Regional Water Quality Control
Board, and the County.
D. Lehigh has made public representations that it intends to permanently cease
cement production at the Lehigh Property. The cement kiln has not been operational since April
2020. Lehigh informed the County in November 2022 that the kiln would not resume
operations, and confirmed this in numerous subsequent public hearings and in writing in March
2023.
E. Lehigh has also made public representations that it does not intend to quarry new
material from the pit or elsewhere on the Lehigh Property, but may continue to process and sell
previously quarried material. To this end, Lehigh has informed the County that it intends to
apply for a Reclamation Plan amendment in the second quarter of 2023 for the portion of the
Lehigh Property that is subject to the Surface Mining and Reclamation Act (SMARA), Pub. Res.
Code $$ 2710-2796 and state and local implementing regulations.
County-Cupertino Joint Policy Framework
Agreement re Restoration and Future
Development of Lehigh Property Page I of6
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F. It is an appropriate time for the Parties to work together proactively to set forth a
policy framework for considering the restoration and potential future development of the Lehigh
Property for many reasons including, but not limited to, the following:
o Each party cunently has land use and other regulatory authority over portions of the
Lehigh Property;
o Lehigh has stated its intent to wind down operations;
o There is a high likelihood that the reclamation, restoration, and environmental
remediation of the Lehigh Property will be lengthy, complex, and have the potential to
significantly impact the public health, safety, and welfare and the environment;
. Lehigh and/or future owners of the Lehigh Property will likely seek to maximize the
value of the Lehigh Property by redeveloping the site for other uses;
o Most of the Lehigh Property lacks the public services that may be required to support
proposed future development, which may trigger requests for annexation of some or all of
the Lehigh Property; and
o It is important to ensure that the type, intensity, and timing of any future development of
the Lehigh Property is consistent with the Parties' respective goals, policies, and
ordinances and does not occur prematurely.
In light of the above Recitals, the Parties agree to the following Joint Planning Principles
and Miscellaneous Provisions set forth in this Agreement.
JOINT PLANNING PRINCIPLES
The following Joint Planning Principles reflect the applicable laws, policies and
regulations, including but not limited to those set forth on Exhibit D attached hereto.
1. The Parties agree to work together toward the goal of ensuring that any future
development of the Lehigh Property benefits the surrounding community and maximizes
environmental and natural resources conservation benefits.
2. Reclamation, restoration, and environmental remediation of the Lehigh Property
shall occur in a timely manner and in compliance with all applicable laws, policies, and
regulations. To this end, the Parties agree to work cooperatively with each other and any other
applicable federal, state, and local regulatory agencies.
3. Lehigh and any future owners of the Lehigh Property shall be required to prevent
and eliminate any conditions that constitute a nuisance or could pose a danger to the environment
or to public health, safety, or welfare. This includes, but is not limited to, protecting the public
and any future residents of the Lehigh Property from potential exposure tohazards (e.g., unstable
slopes) or pollutants that currently exist on the Lehigh Property or may be generated or released
through reclamation, restoration, or remediation activities on the Lehigh Property or from
transportation routes providing access to the Lehigh Property.
County-Cupertino Joint Policy Framework
Agreement re Restoration and Future
Development of Lehigh Property Page 2 of6
4. When considering any proposals for future development of the Lehigh Property,
the Parties shall comply with their respective land use policies, zoning ordinances, and other
applicable policies and ordinances including, but not limited to, those pertaining to: orderly
growth patterns; availability of adequate public services; climate change and other sustainability
considerations; and the preservation and protection of scenic and visual resources, water
resources, sensitive species and their habitats, and other natural resources.
5. The timing of any development of the Lehigh Property shall not outpace the
reclamation, restoration, and environmental remediation of the Lehigh Property. Prior to
approval of any development application or other approval for any portion of the Lehigh
Property, the applicant shall demonstrate that all applicable requirements and timelines have
been met regarding the reclamation, restoration, and environmental remediation of the Lehigh
Property, or that such requirements will be met as part of the proposed development. The Parties
further agree that they will work cooperatively to ensure that any future requirements and
timelines are satished.
6. Consistent with the Parties' existing land use and development policies, the
Cortese-Knox-Hertzberg Local Government Reorganization Act of 2000, Gov't Code $ 56000 et
seq., and the Santa Clara County Local Agency Formation Commission's (LAFCO's) policies,
no portion of the Lehigh Property shall be developed for any new purpose (i.e., other than uses
that are currently being undertaken lawfully on the Property) other than very low-density
residential usel without first being annexed to Cupertino or another city.
7. Any proposals for residential development of the Lehigh Property in either
Party's jurisdiction shall comply with any applicable affordability laws or ordinances or other
requirements applicable to residential development within the applicable Party's or Parties'
jurisdiction. To the extent practicable, such development should assist the applicable Party or
Parties in achieving their Regional Housing Needs Allocations (RHNA) and other adopted
Housing Element goals.
8. If either Party receives any application to develop the Lehigh Property for any
use, that Party shall consult with the other Party regarding whether the application is consistent
with the Joint Planning Principles in this Agreement and whether one or more development
agreements between the applicant and the Parties pursuant to Government Code section 65864 et
seq. is necessary or appropriate to ensure compliance with the Joint Planning Principles.
MISCELLANEOUS PROVISIONS
9. Term. The term of this Agreement shall commence on the date both Parties have
executed the Agreement.
10. Either Party may terminate this Agreement by giving the other Party at least 60
days' written notice of termination pursuant to Section I l
I See County General Plan policies R-LU 18 through R-LU 21; Cupertino General Plan policies LU-12.1through
LU-12.5.
County-Cupertino Joint Policy Framework
Agreement re Restoration and Future
Development of Lehigh Property Page 3 of6
11. Notice. Any notice to a Party or Parties required by or related to this Agreement
shall be in writing and shall be deemed to have been given when sent by U.S. mail addressed as
follows:
Countv
County Executive
County of Santa ClaraGovernment Center
70 W. Hedding St., E. Wing, 1lth Floor
San Jose, CA 951 10
County Counsel
County of Santa ClaraGovernment Center
70 W. Hedding St., E. Wing, 9th Floor
San Jose, CA 951 l0
Cupertino
City Manager
Cupertino City Hall
10300 Torre Avenue
Cupertino, CA 9 501 4-3202
City Attorney
Cupertino City Hall
10300 Torre Avenue
Cupertino, CA 9 501 4-3202
12. Dispute Resolution. If any dispute arises between the Parties regarding the
subject of this Agreement, the Parties shall cooperate in good faith to resolve all such disputes
before resorting to litigation.
13. Governine Law. This Agreement shall be construed and interpreted according to
the laws of the State of California, excluding its conflict of law principles. Proper venue for
legal actions shall be exclusively vested in a state court in the County of Santa Clara. The
Parties agree that subject matter and personal jurisdiction are proper in state court in the County
of Santa Clara and waive all venue objections.
14. Severabilitv. If there is a final court determination that any one or more of the
provisions in this Agreement is invalid, illegal or unenforceable in any respect, such invalidity,
illegality or unenforceability shall not affect any other provisions of this Agreement, and this
Agreement shall be construed as if such invalid, illegal, or unenforceable provisions had not been
contained herein.
15. Preservation of Authoritv. Nothing in this Framework is intended to interfere
with the Parties' exercise of any of their lawful powers, including but not limited to their
legislative authority to adopt or amend their General Plans, zoning ordinances, or any other
policies, ordinances, or regulations.
County-Cupertino Joint Policy Framework
Agreement re Restoration and Future
Development of Lehigh Property Page 4 of6
EXHIBIT A
Lehigh Quarry Property by Assessor’s Parcel Number
Unincorporated Cupertino Palo Alto
342-64-001 342-22-065 351-09-003
351-09-013 342-22-098 351-12-067
351-09-020 351-10-017
351-09-022 351-10-023
351-09-023 351-10-030
351-09-025 351-10-039
351-10-003
351-10-004
351-10-005
351-10-006
351-10-008
351-10-010
351-11-011
351-11-012
351-10-016
351-10-033
351-10-037
351-10-038
351-11-001
351-11-005
351-11-006
351-11-007
351-11-081
North Quarry
West Materials
Storage Area
North Highwall
Reclamation
North
Highwall
Reserve
!
North
Quarry
Backfill
!
Rock Plant
Reserve
!
Santa Clara County Ridgeline Easement
Midpen
Conservation Easement
Midpen
Conservation Easement
for Future Trail
East Materials
Storage Area
Note: County parcel boundary data are
off. Parcel boundary should closely follow
Rancho San Antonio trail.
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MONTE BELLO
OPEN SPACE
PRESERVE
RANCHO SAN
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Midpeninsula Regional
Open Space District
(Midpen)
8/25/2020
Attachment 1: 2019 Reclamation Plan and Rancho San Antonio Open Space Preserve
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While the District strives to use the best available digital data, these data do not represent a legal survey and are merely a graphic illustration of geographic features.
Property Boundary
Existing Reclamation Plan Boundary
Creek
Amended Reclamation Boundary
West Materials Storage Area
North Highwall Reclamation
North Quarry Backfill
Trail Easement
Rights of First Refusal
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EXHIBIT C
Exhibit D to County-Cupertino Joint Policy
Framework Agreement re Restoration and Future
Development of Lehigh Property Page 1 of 14
EXHIBIT D
APPLICABLE LAWS, POLICIES, REGULATIONS & ORDINANCES
The state and local laws, regulations and ordinances applicable to the Policy Framework
Agreement for Reclamation and Development of Lehigh Quarry Property between the County of
Santa Clara and City of Cupertino include, but are not limited to, those listed below.
County of Santa Clara Policies and Ordinances
Document Policies
Santa Clara County General
Plan – Growth and
Development Chapter
(p. B-1 et seq.)
Calls for managed, balanced growth, preventing sprawl, promoting
compact urban development by controlling USA expansion and
making more efficient use of existing lands in urbanized areas rather
than into hillsides and resource areas (policies C-GD 1 et seq., p. B-5
et seq.)
Calls for any urban expansion to be planned on a staged, orderly basis
consistent with County and applicable city plans and the availability
of urban services and LAFCO approval, land use and development
that enhance the cost effectiveness of transportation and other
infrastructure investments, reducing auto dependency, reducing trips
(policies C-GD 29 et seq., p. B-18 et seq.)
Emphasizes importance of maintaining environmental quality, nature
resource conservation, open space preservation, recreational
opportunities, habitat conservation (pp. B-21–B-23)
Calls for improved coordinated planning between the County and
cities (p. B-24 et seq.)
Santa Clara County General
Plan – Transportation Chapter
(p. F-1 et seq.)
Calls for compact urban development to improve air quality
Calls for reducing energy use
Calls for maximizing existing urban infrastructure
Calls for encouraging use of alternatives to single-occupancy vehicles
Santa Clara County General
Plan – Parks & Recreation
Chapter
(p. G-1 et seq.)
Calls for interjurisdictional coordination (Strategy #6)
Calls for balancing recreation, environmental, and landowner
concerns (Strategy #4)
Exhibit D to County-Cupertino Joint Policy
Framework Agreement re Restoration and Future
Development of Lehigh Property Page 2 of 14
Document Policies
Cites high number of users at Rancho San Antonio and concerns
about overuse of parklands because of growing demand (p. G-6
(reflects pre-1994 data))
Santa Clara County General
Plan – Resource Conservation
Chapter
(p. H-1 et seq.)
Calls for reducing pollution, preserving habitats, encouraging habitat
restoration, mitigating impacts of mineral resource extraction and
transport, reclaiming sites for appropriate subsequent uses (pp. H-34–
H-35)
Calls for protecting scenic resources (pp. H-40–H-43)
Santa Clara County General
Plan – Safety & Noise
Chapter
(p. I-1 et seq.)
Calls for managing hazardous materials safely (pp. I-7 – I-11)
Calls for preventing noise conflicts (pp. I-22- I-23)
Calls for minimizing natural hazards (pp. I-24 – I-30)
Calls for prevention of contamination of groundwater from
wastewater disposal (pp. I-35 et seq.)
County Zoning Ordinance § 2.20.010 – Purpose of the Hillside (HS) zoning district is to
“preserve mountainous lands unplanned or unsuited for urban
development primarily in open space and to promote those uses
which support and enhance a rural character, which protect and
promote wise use of natural resources, and which avoid the risks
imposed by natural hazards found in these areas. These lands are
watersheds and may also provide such important resources as
minerals, forests, animal habitat, rare or locally unique plant and
animal communities, historic and archeological sites, scenic beauty,
grazing lands, and recreational areas. Additionally, lands zoned
Hillside define the setting or viewshed for the urban area of the
County.”
§ 2.20.070 – Supplemental development standards for HS districts
§ 2.20.040 – Minimum lot sizes and slope-density requirements for
residential subdivisions in HS districts
§ 4.10.370 – Standards applicable to surface mining including
compliance with all SMARA requirements
§ 4.20.130 – Inclusionary housing ordinance – requires inclusion of
affordable units in new market rate residential developments with 3
or more dwellings or payment of in lieu fee
Exhibit D to County-Cupertino Joint Policy
Framework Agreement re Restoration and Future
Development of Lehigh Property Page 3 of 14
Document Policies
Ch. 5.45 – Cluster subdivision and development plan standards
include requirements for allowable density of development, open
space and natural resource conservation, and avoidance or mitigation
of potential adverse environmental impacts including visual/aesthetic
impacts in hillside areas (§ 5.45.055)
Ch. 5.50 – Design review requirements include mitigation of any
adverse visual impacts from proposed structures, grading, vegetation
removal and landscaping; compatibility with the natural environment;
and compatibility with the neighborhood and adjacent development
County Subdivision
Ordinance, § C12.1 et seq.
§ C12-122 – Criteria requiring denial of subdivision include:
• the proposed map, including the design or improvement of the
subdivision, is not consistent with applicable general and specific
plans
• the site is not physically suitable for the type or proposed density of
development
• the design or proposed improvements are likely to cause substantial
environmental damage, substantially and avoidably injure fish or
wildlife or their habitat, or cause serious public health problems
County Nuisance Abatement
Ordinance, § A1-33 et seq.
§ A1-34 defines public nuisance as any of the following:
• any condition, act, or omission declared by any statute of the State
of California or any provision of this Code to be a public nuisance;
• any public nuisance known or recognized in common law or
equity;
• any condition that constitutes a nuisance as defined in Civ. Code
§ 3479; or
• any use or condition of property that poses a danger to human life
or is unsafe or detrimental to the public health, safety, or welfare.
County Onsite Wastewater
Treatment Systems
Ordinance, § B11-60 et seq.
Imposes requirements for onsite wastewater treatment systems
(OWTS)
Proposed subdivisions must demonstrate compliance with
conventional septic system requirements; alternative systems are not
allowed (§ B11-60)
Projects generating over 10,000 gal/day are subject to RWQCB
approval (§§ B11-60, B11-66)
County Fire Code, § B7-1 et
seq.
Adopts California Fire Code with local amendments
Exhibit D to County-Cupertino Joint Policy
Framework Agreement re Restoration and Future
Development of Lehigh Property Page 4 of 14
Document Policies
County Grading and Drainage
Ordinance, § C12-400 et seq.
Establishes requirements for grading and drainage alteration work to
protect surface water quality, adjacent and neighboring properties and
the environment by preventing soil erosion and transport of soil
sediments (§ C12-400)
County Sustainability Master
Plan (Jan. 2021)
Plan is intended to be a collaborative cross-county process between
the County, cities, other public agencies, businesses, nonprofits,
CBOs, and community leaders (p. 8)
Establishes 4 priorities:
• Climate Protection and Defense: reduces greenhouse gases and
builds resilience to the threats of climate change and natural
disasters like fires and floods.
• Natural Resources and the Environment: protects, enhances, and
restores natural resources and habitats and reduces the cumulative
impacts of environmental hazards to maintain a healthy
environment for all residents and living creatures.
• Community Health and Well-Being: protects and improves the
health of the community and the conditions in places where people
live, learn, work, and play.
• Prosperous and Just Economy: builds financial security and
prosperity for all and promotes leadership and collaboration.
Goals include:
Goal 3. Air and Water Resources – Maintain a healthy
environment for all residents and living creatures.
3.1. Air Quality and Pollution
3.2. Water Use and Conservation
3.3. Water Quality and Stormwater Management
3.4. Streams and Riparian Corridors
3.5. Hazardous Materials Management
Goal 4. Natural Lands and Land Use – Enhance and protect
natural and working lands so that they provide a range of social,
environmental, economic, and health benefits for County residents
and businesses.
4.1. Habitat Conservation
4.2. Working Lands
4.3. Parks and Recreation
Exhibit D to County-Cupertino Joint Policy
Framework Agreement re Restoration and Future
Development of Lehigh Property Page 5 of 14
City of Cupertino Policies and Ordinances
Document Policies
Cupertino General Plan – Ch.
3: Land Use and Community
Character Element
Acknowledges Cupertino’s hillsides as an irreplaceable
resource shared by the entire Santa Clara Valley (p. LU-4)
Calls for collaborative local and regional planning processes
(p. LU-8)
Calls for integrating community health into land use planning
(p. LU-8)
Calls for preservation of natural environment and hillsides,
creek corridors, and sensitive animal and plant habitats (p.
LU-9)
Goal LU-10 calls for regional and local coordination on
issues including planning, transportation, sustainability, urban
service area boundaries, annexation issues (p. LU-35)
Goal LU-12 is to preserve and protect the City’s natural
habitat and aesthetic values using develop standards such as
slope-density formulas, clustering, very low density
development, and preserving views of the foothills (pp. LU-
37 – LU-39; see also pp. A-3 and Appx. F)
Cupertino General Plan – Ch.
5: Mobility Element
Emphasizes importance of ensuring that future growth does
not overwhelm transportation network, limits greenhouse gas
emissions, improves community health, and improves
walking/biking environment
Cupertino General Plan – Ch.
6: Environmental Resources
and Sustainability Element
Focuses on supporting growing urban and suburban
populations while seeking to mitigate their continued
demands on the landscape, identifying and systemically
prioritizing ways to protect and restore natural ecosystems
through land use decisions, building designs and resource
conservation (pp. ES-2, ES-13 – ES 14, )
Important rural ecosystems include the relatively undeveloped
western foothills and mountains near Rancho San Antonio
Open Space Preserve and along Stevens Creek (pp. ES-6 – ES
8)
Describes mineral resources in City’s sphere of influence,
including Hanson Permanente quarry (pp. ES-9 – ES 10)
Exhibit D to County-Cupertino Joint Policy
Framework Agreement re Restoration and Future
Development of Lehigh Property Page 6 of 14
Document Policies
Calls for strengthening regional partnerships for
implementing new policies and programs related to
sustainability and environmental health (p. ES-12)
Recognizes that urban and suburban areas can provide habitat
for many plant and animal species (p. ES-12)
Commits to use sustainability principles when evaluating all
aspects of new development (p. ES-12)
Establishes policies to improve air quality, reduce emissions,
and improve overall community health, including minimizing
generation of toxic air contaminants, dust control (pp. ES-19
– ES 20)
Encourages clustering of new development away from
sensitive areas such as riparian corridors, wildlife habitat and
corridors, and public open space preserves and ridgelines.
(pp. ES-21 – ES-22)
Seeks to minimize impacts of mineral resource operations by
working cooperatively with the County to ensure that plans
for restoration and mining operations at Lehigh Hanson and
Stevens Creek quarries consider environmental impacts and
mitigation. Strategies include strongly encouraging the
County to engage with affected neighborhoods when
considering changes to restoration plans and mineral
extraction activity, and considering designating abandoned
quarries for passive recreation to enhance plant and wildlife
habitat and rehabilitate the land. (p. ES-23)
Seeks to reduce water demand and ensure future water
sources are protected, including creeks, streams and drainage
areas (p. ES-24)
Calls for watershed-based planning and reviewing
development plans to ensure impacts on entire watershed are
considered (p. ES-25)
Calls for retaining and restoring creek beds, riparian
corridors, watercourse and associated vegetation in their
natural state to protect wildlife habitat and recreation potential
Exhibit D to County-Cupertino Joint Policy
Framework Agreement re Restoration and Future
Development of Lehigh Property Page 7 of 14
Document Policies
and assist in groundwater percolation, and to encourage land
acquisition or dedication of such areas (p. ES-26)
Cupertino General Plan – Ch.
7: Health and Safety Element
Acknowledges high fire risk in Stevens Canyon area (p. HS-
5)
Acknowledges various seismic faults crossing the western
portion of the City and attendant hazards (pp. HS-12 – HS 13;
see also Appx. E)
Acknowledges potential flooding risks from creeks, including
Permanente Creek (pp. HS-17, HS-19)
Identifies traffic noise as the greatest contributor to noise
pollution in Cupertino and one of the most difficult to control,
and heavy-duty trucking operations to and from the Hanson
Permanente Cement plant as a significant transportation-
related noise contributor (p. HS-21)
Establishes maximum noise levels for land use compatibility
purposes (p. HS-23)
Requires geotechnical and structural analysis for any site with
slope over 10 percent (p. HS-33)
Requires proper storage and disposal of hazardous materials
(p. HS-35)
Requires assessment of future residents’ exposure to
hazardous materials when new residential development or
sensitive populations are proposed in existing industrial and
manufacturing areas. Does not allow residential development
or sensitive populations if such hazardous conditions cannot
be mitigated to an acceptable level of risk. (p. HS-35)
Discourages new residential development in flood plains and
discourages filling that may increase flood potential or
modify natural riparian corridors (p. HS-38)
Restricts extent and timing of hillside grading; requires
performance bonds to guarantee repair of any erosion
damage; requires planting of graded slopes as soon as
practical after grading is complete (p. HS-38)
Exhibit D to County-Cupertino Joint Policy
Framework Agreement re Restoration and Future
Development of Lehigh Property Page 8 of 14
Document Policies
Calls for working to carry out noise mitigation measures to
diminish noise along Foothill and Stevens Creek Boulevards
from the quarry and cement plant trucking operations.
Strongly encourages rail and other alternatives to truck
transport when feasible. (p. HS-40)
Cupertino General Plan – Ch.
8: Infrastructure Element
Requires new development to pay its fair share of, or to
extend or construct, improvements to accommodate growth
without impacting service levels (p. INF-10)
Prioritizes funding of infrastructure to stimulate economic
development and job creation (p. INF-10)
Requires developers to pay their fair share of costs for, or in
some cases construct, wastewater infrastructure upgrades to
ensure service levels are met (p. INF-15)
Cupertino General Plan – Ch.
9: Recreation, Parks and
Community Services Element
Acknowledges the need to coordinate with other agency
providers to ensure the community’s growing and changing
needs for parks and open space are met (pp. RPC-3, RPC-19)
Notes that City’s land uses in and around open space areas
typically include low-intensity residential uses, which are
consistent with protecting open space areas. This includes
several County parks and Midpeninsula Regional Open Space
preserves, as well as trails along creeks owned and managed
by Valley Water. (pp. RPC-3 – RPC 5)
Identifies promoting more trails and connectivity along
creeks, hillsides and through neighborhoods as a major
objective of the General Plan (p. RPC-9, RPC-23)
Goals include creating a full range of park and recreational
resources and preserving natural resources (p. RPC-21)
Requires major new developments to incorporate private open
space and recreational facilities, and ensure park space is
publicly accessible where feasible (p. RPC-24)
Requires dedication or easements for trails and their
implementation as part of the development review process
where appropriate (p. RPC-29)
Exhibit D to County-Cupertino Joint Policy
Framework Agreement re Restoration and Future
Development of Lehigh Property Page 9 of 14
Document Policies
Cupertino Noise Control
Ordinance, Muni. Code, Ch.
10.48
Establishes daytime and nighttime maximum noise levels at
receiving properties (§ 10.48.040)
Prohibits “noise disturbances” (§§ 10.48.010, 10.48.060)
Cupertino Truck Traffic
Routes Ordinance, Muni.
Code Ch. 11.32
Establishes specified truck traffic routes and other restrictions
on truck traffic (e.g., school zone prohibitions, origin and
destination points)
Cupertino Environmental
Regulations, Muni. Code,
Title 17
Imposes numerous environmental protection requirements,
including air quality standards (e.g., control of diesel
particulate matter, preparation of Health Risk Assessment)
and restricts residential and other sensitive land use projects
to areas designated on BAAQMD Planning Healthy Places
Map (§ 17.04.040)
Imposes environmental protection permit requirements
regarding air quality, hazardous materials, GHG emissions,
biological resources, cultural resources, hydrology/water
quality, noise and vibration, etc. (§ 17.040.050)
Establishes VMT standards for land use development projects
(Ch. 17.08)
Cupertino Subdivision
Regulations, Muni. Code Title
18
Ch. 18.52: Hillside Subdivisions – requires harmony between
development activities and natural environment, clustering of
development with 90% dedicated open space, watercourse
protection, compliance with ridgeline visibility standards,
protection of natural vegetation and wildlife migration, etc.
Cupertino Zoning Ordinance,
Muni. Code Title 19
Ch. 19.40: Purpose of Residential Hillside (RHS) zoning is to
balance residential development with preservation of natural
setting, reinforce predominantly low-intensity setting,
conserve natural resources, and protect life and property from
natural hazards
Cupertino Below Market Rate
Housing Program Ordinance,
Muni. Code Ch. 19.172
Objective is to obtain actual affordable housing units within
each development rather than off-site units or mitigation fee
payments. Provision of off-site units, land donation, or
payment of housing mitigation fees are only permitted under
certain circumstances. (§ 19.172.020)
Exhibit D to County-Cupertino Joint Policy
Framework Agreement re Restoration and Future
Development of Lehigh Property Page 10 of 14
Santa Clara County LAFCO Policies
Document Policies
Countywide Urban
Development Policies
LAFCO, the County and 15 cities adopted growth
management policies known as the Countywide Urban
Development Policies (CUDPs) in the early-1970s. (§ 1.1)
The fundamental CUDPs are as follows:
• Urban development should occur, and urban services
should be provided only on lands annexed to cities – and
not within unincorporated areas, urban or rural.
• Urban expansion should occur in an orderly, and planned
manner – with cities responsible for planning and
providing services to urban development within explicitly
adopted Urban Service Areas (USA) whose location and
expansion is subject to LAFCO approval authority.
• Urban unincorporated islands within USAs should
eventually be annexed into their surrounding cities, so that
cities have the responsibility for urban services and land
use authority over all lands within their USA boundaries.
(§ 1.3)
The CUDPs benefit the community as a whole by promoting:
• Sustainable Growth: ensuring sustainability and livability
of communities by ensuring quality of life is not
sacrificed to disorderly growth;
• Fiscal Responsibility and Resiliency: minimizing costs to
taxpayers for public infrastructure and services through
compact growth;
• Environmental Stewardship: safeguarding air and water
quality, wildlife habitat, and water supply reservoir
watersheds, and preventing loss of public open space
assets critical to ecological balance;
• Affordable and Responsibly-Located Housing: promoting
complete and efficient use of existing urbanized lands
within cities, building within rather than outward,
resulting in more cost efficient housing opportunities
close to transit and services;
• Transportation Options: reducing sprawl and promoting
compact development to reduce traffic demand generated
by outward growth, emissions and pollution from
vehicles, reduce longer commute distances, and
encouraging urban densities supportive of transit
solutions;
Exhibit D to County-Cupertino Joint Policy
Framework Agreement re Restoration and Future
Development of Lehigh Property Page 11 of 14
Document Policies
• Open Space and Farmland Preservation: protecting open
space, parklands, hillsides and farmlands from premature
and/or unwarranted development. (§ 1.5)
Urban Service Area Policies LAFCO’s review of Urban Service Area (USA) boundaries is
its primary vehicle for encouraging orderly city growth (§ A)
LAFCO encourages contractual agreements and/or plans
between the cities and the County which define:
a. Growth at the urban fringe; and
b. Potential new growth areas. (§ B.2)
LAFCO considers factors in Gov’t Code § 56668 and other
factors when evaluating proposed USA amendments,
including the following:
• the existence of adequate regional and local transportation
capabilities to support the planned city growth;
• the ability of the city to provide urban services to the
growth areas without detracting from current service
levels;
• the ability of school districts to provide school facilities;
• whether the conversion of agricultural and other open
space lands is premature, or if there are other areas into
which to channel growth;
• environmental considerations that may apply
• regional housing needs;
• availability of adequate water supply;
• consistency with city or county general and specific plans
(§ B.3)
LAFCO will discourage USA expansions that include
agricultural or other open space land unless the city
demonstrates:
• that effective measures have been adopted for protecting
the open space or agricultural status of the land. Such
measures may include, but not limited to, the
establishment of agricultural preserves pursuant to the
California Land Conservation Act, the adoption of
city/County use agreements or applicable specific plans,
the implementation of clustering or transfer-of-
development-rights policies; evidence of public
acquisition; or
Exhibit D to County-Cupertino Joint Policy
Framework Agreement re Restoration and Future
Development of Lehigh Property Page 12 of 14
Document Policies
• that conversion of such lands to other than open space
uses is necessary to promote the planned, orderly,
efficient development of the city. (§ B.6)
State Laws and Regulations
Document Policies
Surface Mining &
Reclamation Act (SMARA)
Pub. Res. Code §§ 2710-
2796; 14 Cal. Code Regs. §
3500 et seq.
Legislative intent is to assure that:
• adverse environmental effects from surface mining and
reclamation are prevented or minimized and that lands are
reclaimed to a usable condition that is readily adaptable
for alternative land uses;
• encourage production and conservation of minerals while
giving consideration to values relating to recreation,
watershed, wildlife, range and forage and aesthetic
enjoyment;
• eliminate residual hazards to public health and safety (§
California Environmental
Quality Act (CEQA), Pub.
Res. Code §21000 et seq.
Legislative intent includes:
• maintaining and providing a high-quality environment;
• controlling environmental pollution;
• taking all action necessary to provide people of California
with clean air and water, enjoyment of aesthetic, natural,
scenic, and historic environmental qualities, and freedom
from excessive noise (§§ 21000, 21001)
Declares state policy that public agencies should not approve
projects as proposed if there are feasible alternatives or
mitigation measures available that would substantially lessen
a project’s significant environmental effects (§ 21002)
Cortese-Knox-Hertzberg
Local Gov’t Reorgnization
Act, Gov’t Code § 56000 et
seq.
In Santa Clara County, city councils may serve as the
conducting authority for annexation and reorganization
proposals. City councils must make several findings,
including:
• the territory is within the city’s USA as adopted by
LAFCO;
• the proposal does not create islands or areas in which it
would be difficult to provide municipal services;
• the proposal is consistent with the city’s general plan;
• the territory is contiguous to existing city limits;
Exhibit D to County-Cupertino Joint Policy
Framework Agreement re Restoration and Future
Development of Lehigh Property Page 13 of 14
Document Policies
• the city has complied with all conditions imposed by
LAFCO for including the territory in its USA (§ 56757)
USA boundaries are developed in cooperation with the city
and adopted by LAFCO pursuant to adopted LAFCO policies
(§ 56080)
Hazardous Waste Control
Law, Health & Saf. Code
§§ 25100-25259
Legislative findings and declarations include:
• Inappropriate handling, storage, use, and disposal of
hazardous wastes pose long-term threats to public health
and to air and water quality;
• To protect public health and the environment, regulations
and incentives are needed to ensure that hazardous waste
generators use technology and management practices for
the safe handling, treatment, recycling, and destruction of
their hazardous wastes prior to disposal (§§ 25100,
25101)
Porter-Cologne Water Quality
Control Act, Water Code
§ 13000 et seq.
Legislative findings and declarations include:
• The people of California have a primary interest in the
conservation, control, and utilization of the State’s water
resources, and the quality of all State waters shall be
protected for use and enjoyment by the people;
• Waters of the State shall be regulated to attain the highest
water quality which is reasonable (§ 13000)
No provision in Water Code Div. 7 (“Water Quality”
§§ 13000-16104) is intended to limit the power of any city or
county to:
• adopt and enforce additional regulations not in conflict
with state law; or
• declare, prohibit and abate nuisances (§ 13002)
Global Warming Solutions
Act of 2006 (AB 32), Health
& Saf. Code § 38500 et seq.
Legislative declaration that global warming poses a serious
threat to the State’s economic well-being, public health,
natural resources, and the environment (§ 38501)
Requires California Air Resources Board to adopt a statewide
GHG emissions limit and rules and regulations to achieve the
maximum technologically feasible and cost-effective GHG
emissions reductions. (§§ 38560-38568)
Sustainable Communities and
Climate Protection Act of
2008 (SB 375)
Requires metropolitan planning organizations (e.g., ABAG)
to develop regional transportation plans and a sustainable
Exhibit D to County-Cupertino Joint Policy
Framework Agreement re Restoration and Future
Development of Lehigh Property Page 14 of 14
Document Policies
communities strategy that establishes GHG emissions
reduction targets (Gov’t Code § 65080)
Subdivision Map Act, Gov’t
Code § 66410 et seq.
Requires city or county to disapprove a subdivision if certain
findings cannot be made, including:
• The map is not consistent with the applicable general plan
• The site is not physically suitable for the type or density
of development;
• The design of the subdivision or proposed improvements
are likely to cause substantial environmental damage or
substantially and avoidably injure fish or wildlife or their
habitat;
• The design of the subdivision or type of improvements is
likely to cause serious public health problems (§ 66474)
State Minimum Fire Safe
Regulations, Pub. Res. Code
§ 4290, 14 Cal. Code Regs
§ 1270.01 et seq.
Imposes stringent requirements for development in areas
designated as High and Very High Fire Hazard Severity
Zones