Supervisors take next steps to close Lehigh cement plant

• The Santa Clara County Board of Supervisors directed County staff to pursue a legally binding agreement with Lehigh to permanently shutter the cement kiln
• County Supervisor Joe Simitian announced he traveled to Dallas, Texas earlier this month to meet with Lehigh officials at their Irving, Texas headquarters to encourage the company to agree to a permanent, legally binding closure agreement; he also announced his annual Lehigh Town Hall, scheduled for April 26 in Cupertino
• The Board indicated its continued direction to the Planning Commission to consider permit revocation or modification within 18 months if a negotiated agreement on cement plant closure is not forthcoming within the next three months
• The Board directed County staff to work with the City of Cupertino to develop a set of joint planning principles for future use of the Lehigh site

SAN JOSE – At the behest of Santa Clara County Supervisor Joe Simitian, the County Board of Supervisors has taken another significant step toward the permanent closure of Lehigh’s cement kiln operations in the unincorporated hillsides just outside the Cupertino city limits.

On Tuesday (4/18) last week, the Board directed County Counsel to work with Lehigh between now and the end of June to negotiate a legally enforceable commitment to permanently shutter the company’s cement kiln in the County’s foothills, which has operated under a County use permit issued in April 1939.

After years of pressing the company on compliance issues, Simitian said he was “gratified” in November 2022, when Lehigh announced it would not restart production at the cement plant, which has been offline since April 2020, and reaffirmed that commitment again in a letter to County staff in March 2023. Simitian subsequently proposed that the County work with Lehigh to enter into a legally enforceable contract to ensure a lasting and permanent end to the operation of the cement plant, including abandonment of any associated rights to manufacture clinker on site.

If Lehigh is prepared to negotiate a permanent plant shutdown by the end of June, County staff is directed to negotiate a recommended set of amendments to Lehigh’s cement plant use permit, potentially obviating the need for protracted and possibly contentious hearings at the Planning Commission/Board of Supervisors level. If such an agreement is not quickly forthcoming, the entire matter would promptly move to the Planning Commission.

“I think a standalone agreement on shutting down the cement plant is important right now because it will take time to compile the documentation to support modifying or revoking the use permit,” said Simitian. “Lehigh has already stated its intention to close the cement kiln after an 83-year run, and if that commitment is sincere, it should be fairly straightforward to make that on-the-record commitment legally binding before folks head off to their summer vacations.”

The Board also directed the County Planning Department to consider a negotiated agreement with Lehigh on a revised use permit within the next 18 months if Lehigh agrees now to a clear legally binding agreement on the plant closure. Simitian said a change to the existing use permit will be, “an opportunity to envision a new future for the site, and clarify the extent to which ancillary operations like storage and distribution continue to take place.”

“Right now, the folks at Lehigh say they have no plans to reopen the cement plant,” said Simitian. “I want to make sure that’s real. I want to make sure that somebody doesn’t change their mind two, five, or 10 years down the road. Time passes, plans change, new owners have new plans. I want to nail this thing down, and that takes a legally binding commitment and a change in the use permit.”

At Simitian’s urging, the Board also directed County staff to work with the City of Cupertino to develop, by August, a set of joint planning principles to use when considering future uses for the Lehigh site. 

“It’s important that the City and County work together to ensure any future development at the site is a benefit to the surrounding community,” said Cupertino Mayor Hung Wei. “We’ve lived with the impacts of having a cement plant and quarry for a neighbor for about a century, so it’s exciting to envision a better future.”

The Lehigh site currently has two primary uses. One relates to the cement kiln and the manufacture, storage, and distribution of cement, while 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 that it will submit a new reclamation plan amendment later this year.

“Lehigh’s actions to date suggest it would be wise for our County to begin working with the City of Cupertino now on a set of joint planning principles — just to make sure we’re all on the same page in terms of how we intend to consider future uses,” said Simitian. “Being proactive about those goals offers the public the best chance of ensuring full mitigation of any potential development impacts. It also gives the property owner clarity as to how the City and County are thinking about future uses. Given that Lehigh has parcels in both jurisdictions that’s particularly important.”

If there is opportunity to include other jurisdictions with lands owned by Lehigh, Simitian noted it would be permissible to explore those opportunities as well.

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.

Green Foothills, an environmental advocacy nonprofit focusing on San Mateo and Santa Clara counties, supported Simitian’s proposal. “It’s the right thing to do,” said Megan Fluke, Executive Director of Green Foothills. “The sooner we get an official, legally binding, commitment from Lehigh, the sooner we can begin preparing for the restoration of this land, and the closer we’ll be to rehabilitating the land for all to enjoy.”

The County has oversight over the quarry and activities at that facility are regulated by a Reclamation Plan approved by the Board of Supervisors in 2012, and by a vested rights decision made by the Board in 2011.

Simitian said his goals for the site are:

•       Close the Lehigh cement plant;

•       Stop any new quarrying activity; and,

•       Begin the restoration and reclamation of the property.

Simitian invites the public to participate in his annual meeting on Lehigh on April 26. Attendees will hear from a panel of state and local regulators about conditions at the site and have the opportunity to pose questions. The town hall will be held from 6:30 to 8:30 p.m. at the Cupertino Community Hall, 10350 Torre Ave., Cupertino, or virtually. Please register at: direc.to/jbMX.

Timeline of Events

January 25, 2022 – The Board of Supervisors unanimously approved Simitian’s proposal requesting a 10-year comprehensive review of all noticed violations filed against Lehigh.

June 7, 2022 – County staff reported back that there had been more than 2,135 violations, and tens of millions of dollars in assessed fines and penalties at Lehigh between 2012 and 2021. Given those findings, and on Simitian’s motion, the Board unanimously voted to direct the Planning Commission to conduct a public hearing to consider revoking or amending Lehigh’s use permit.

December 12, 2022 – The Board reaffirmed its direction to the Planning Commission to hold a modification/revocation hearing.

April 18, 2023 – The Board unanimously approved Simitian’s motion to seek a negotiated, permanent, and legally binding commitment to shut down the cement plant operations.