County and City of Cupertino ink agreement on future planning for Lehigh site

SAN JOSE – In anticipation of the permanent closure of Lehigh’s cement kiln operations, and an end to new limestone extraction in the unincorporated hillsides just outside the Cupertino city limits, the County of Santa Clara and City of Cupertino have entered into an agreement that clarifies how they’ll approach development proposals that may be made as a result of the shutdown.

At County Supervisor Joe Simitian’s request in April 2023, County staff has developed with the City of Cupertino a set of guiding principles to use when considering and evaluating future uses for the Lehigh site. The County and Cupertino share jurisdiction over different portions of the property. While the County has responsibility for parcels in the unincorporated area that contain the cement plant and quarry, the City has responsibility for several undeveloped parcels that are contained within its incorporated boundaries.

Lehigh announced in November 2022 that it would not restart production at the cement plant and reaffirmed that commitment in a letter to County staff in March 2023. Simitian and County staff have been pursuing a legally binding agreement ensuring permanent closure.

“With Lehigh stating its willingness to close the cement plant, there’s no better time for our two jurisdictions to work together to come up with a mutually agreed upon policy framework for how we consider future uses on the site,” said Simitian. “It’s incumbent on us to be good stewards of this land. A joint agreement ensures that restoration and redevelopment of the Lehigh property takes place in a way that protects public health and the environment.”

The joint agreement, unanimously approved on June 21 by the Cupertino City Council and on June 27 by the County Board of Supervisors, stipulates that the City and County will work together to ensure that any future development of the Lehigh site benefits the surrounding community. The agreement ensures that Lehigh and any future owners of the property it prevent and eliminate any conditions that could be considered a nuisance or pose a danger to public health or the environment (including exposure to hazards such as pollutants that currently exist on the property or may be generated or released through reclamation, restoration, or remediation activities). The agreement also requires that in order for development to proceed, reclamation, restoration, and environmental remediation of the site must be moving forward in compliance with all applicable laws, policies, and regulations.

“Most of the Lehigh property lacks the public services that would be necessary to support future development,” said Simitian, noting that those circumstances could trigger requests for annexation to Cupertino of some or all the property. Current land use and development policies in the County effectively limit future development at the site to very low-density residential use without first being annexed to Cupertino or another city.

“The City of Cupertino is pleased to be in a collaborative conversation with the County about the next steps of the Lehigh property,” said Cupertino Mayor Hung Wei. “Our City and residents have lived with the impacts of an industrial neighbor for many decades, and we’re feeling hopeful about a cleaner, quieter future that is safe, healthy, and more compatible with our community.”

The cement plant and quarry are both part of the Lehigh property, which encompasses 3,510 acres, 2,656 of which are in unincorporated Santa Clara County. The remaining land is within the cities of Cupertino and Palo Alto.

The Lehigh site currently has two primary uses. One relates to the cement kiln and the manufacture, storage, and distribution of cement; the other involves the quarrying and processing of quarried material, some of which is transported off-site as aggregate, and some of which has historically been used on-site as feedstock for the cement kiln.

Lehigh has announced it does not intend to quarry new material from the pit or elsewhere on site, but does have plans to continue processing already quarried material for sale as aggregate, and has recently submitted a new proposed reclamation plan amendment (which the County will process in the coming months).

A second agreement – between the County and Heidelberg Materials, the corporation that owns the Lehigh site – is expected to come before the Board of Supervisors at its next meeting on August 15. Pursued at Simitian’s request, this agreement would ensure the permanent, legally binding closure of the cement plant.