HomeMy WebLinkAbout03 - March 13, 2026 - Stevens Creek Quarry – SMARA Oversight, Use Permit, and Reclamation Plan Amendment (Amended)
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CITY COUNCIL INFORMATIONAL MEMORANDUM
Date: March 19, 2026
To: Cupertino City Council
From: Chad Mosley, Director of Public Works
Re: AMENDED - Stevens Creek Quarry – SMARA Oversight, Use Permit, and Reclamation Plan
Amendment. (Amended to provide additional detail on Alternative Options to De-Annexation)
Summary
The purpose of this informational memo is to brief City Council on recent Santa Clara County
actions related to Stevens Creek Quarry, and potential governance options regarding State
Mining and Reclamation Act (SMARA) oversight for quarry operations that extend into the City
of Cupertino.
Background
In January 2026, the County of Santa Clara, acting as the SMARA (Surface Mining and
Reclamation Act) Lead Agency for Stevens Creek Quarry, accepted the Annual Report for
Calendar Year 2024. During the annual report presentation, the County discussed issues related
to the quarry’s expired use permit and the need for a reclamation plan amendment.
The quarry requires an updated use permit. As part of that process, the reclamation plan
boundary must be amended to ensure that all areas disturbed by quarry operations are
included within the approved reclamation limits. Currently, approximately 9 acres of quarry
operations extend into property within the jurisdiction of the City of Cupertino.
Discussion
County Recommendation
As part of the Annual Report and reclamation plan amendment discussion, the County stated
that the owners of Stevens Creek Quarry should consider the option of de-annexing the
disturbed portion of the quarry within the jurisdiction of the City of Cupertino, to Santa Clara
County. This recommendation was made to allow SMARA oversight of all disturbed quarry
areas to be fully administered by a single agency.
The County noted that this option was suggested because the City of Cupertino does not have
land use designations that are consistent with mining activities, and does not have a SMARA
ordinance that would allow the City to act as the SMARA lead agency.
Alternative Options to De-Annexation
In lieu of de-annexation, the following alternatives could be considered:
1. City Administers SMARA Oversight for the Portion of the Quarry within Cupertino
(this section has been amended to correct some information and provide additional clarity)
Under this option, the City would administer SMARA oversight, through County Lead
Agency authority, for the portion of the quarry located within City jurisdiction.
This option is not recommended for the following reasons:
• The City would need to hire at least one full-time employee (1.0 FTE) with
specialized SMARA experience for an initial effort to:
o Develop SMARA-related ordinances to facilitate City administration and
regulations.
o Prepare a use permit for activities that occur within the City’s jurisdiction;
• After the initial effort (anticipated five year period), approximately 0.5 FTE on an
ongoing basis would be required to:
o Conduct annual inspections and prepare annual reports in coordination with
the County (Lead Agency);
o Review annual reports and technical studies; and
o Coordinate with the County to ensure operational consistency; and
o Monitor financial assurances to ensure that bonds are sufficient to cover the
restoration of the property situated with the City
o Oversee SMARA in a Responsible Agency role.
o Ensure environmental requirements are being met for activities within City
jurisdiction. The City would make its own "express findings" regarding
potentially significant environmental impacts related to its specific permit
authority, provided its decision is consistent with the Lead Agencies
approved CEQA documents;
o Issue any necessary permits for work within City limits.
• Having two separate use permits and two oversight agencies governing a single
quarry operation could create confusion, inefficiencies, and the potential for
conflicting requirements.
Overall, establishing one use permit is more effective, reduces regulatory complexity,
and limits the ability to create inefficiencies and confusion.
2. New Memorandum of Understanding (MOU) with Santa Clara County
The City could work with the County to establish a new MOU for SMARA oversight
and CEQA Lead Agency designation related to the updated use permit and reclamation
plan. This approach would be similar to the prior MOU implemented in 2007 for the
previous use permit.
Under this option:
• The County would continue as the primary SMARA oversight and CEQA Lead
Agency for quarry operations.
• The City would retain a role in ensuring coordination on decisions that affect land
within Cupertino.
• This approach maintains consistent oversight while minimizing staffing, financial,
and administrative impacts to the City.
Current Status
At this time:
• No annexation or de-annexation procedures are underway.
• Any de-annexation of property within the City of Cupertino would require City Council
approval.
• The information provided herein is for Council awareness only; no action is requested at
this time.
Next Steps
City staff will continue to monitor discussions between the County and the quarry operator and
will return to City Council if formal action or policy direction becomes necessary.
Sustainability Impact
No sustainability impact.
Fiscal Impact
No fiscal impact.
City Work Program (CWP) Item/Description
None
Council Goal:
Quality of Life
California Environmental Quality Act
No California Environmental Quality Act impact.
_____________________________________
Prepared by: Chad Mosley, Director of Public Works
Approved for Submission by: Tina Kapoor, City Manager
Attachments:
A – Map of Approximate Area
Attachment A