15. SCC reclamation plan Stevens Creek QuarryCity of Cupertino
10300 Torre Avenue
Cupertino, CA 95014
(408) 777-3308
Fax: (408) 777-3333
C O P E RT I N O Community Development Department
Summary
Agenda Item No. (~ Agenda Date: May 20, 2008
SUBJECT:
Authorize the City Manager to sign an Agreement with Santa Clara County,
designating the County as lead agency under SMARA and CEQA to process a
reclamation plan amendment for Stevens Creek Quarry, Inc., 12100 Stevens Canyon
Road, which encompasses a portion of territory under the jurisdiction of Cupertino.
RECOMMENDATION:
Authorize the City Manager to sign an Agreement with Santa Clara County (Exhibit A),
designating the County as lead agency under the California Surface Mining and
Reclamation Act (SMARA) and California Environmental Quality Act (CEQA) to
process a reclamation plan amendment for Stevens Creek Quarry, Inc., 12100 Stevens
Canyon Rd.
BACKGROUND:
Stevens Creek Quarry Inc. has operated a mine in unincorporated Santa Clara County
for over 50 years at the southern boundary of Cupertino just north of Stevens Canyon
Road. The oldest portion of the mine is the 96-acre, Parcel B (Exhibit B), which is
considered a vested, non-conforming use. A small 4.45-acre portion of Parcel B is
within the jurisdiction of Cupertino and has historically been used for mining activities.
In accordance with SMARA, mines like Stevens Creek Quarry must be reclaimed by the
mine operator for future reuse after mining activities cease. The Reclamation Plan for
Stevens Creek Quarry was approved by Santa Clara County on December 6,1983. The
overall goal of the Reclamation Plan is to reclaim the land in an open space condition
suitable for future development as allowed under the applicable zoning ordinance at
reclamation.
To accomplish this goal, the reclamation plan contains actions to physically reclaim the
disturbed lands by:
• Providing for long-term stability of slopes;
• Prevent wind and water erosion by stabilizing the soil surface through proper
grading and drainage; and
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Stevens Creek Quarry
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Implement a revegetation program that is designed to establish a self-sustaining
vegetation cover.
Stevens Creek Quarry has made application with Santa Clara County to amend its
approved reclamation plan to comply with directions from the State Office of Mine
Reclamation that all disturbed areas associated with the mining activities be included in
the reclamation plan and to update the revegetation palette to include primarily native
plants common to the area, instead of the previously approved ornamental, exotic
plantings.
The expanded reclamation area on the east side of Parcel B requires a slope lay-back
from the eastern boundary of Parcel B up to the existing powerline easement, which is
needed for grading continuity reasons, the need to maintain a perimeter ridgetop
access, and quarry engineering reasons. The eastern slope lay-back area involves about
9 acres of land under the City's land use jurisdiction (Exhibit C).
DISCUSSION:
The City of Cupertino cannot approve the reclamation plan amendment as it doesn't
have a mining ordinance nor a SMARA ordinance nor is it astate-recognized SMARA
lead agency. City staff also does not have any mining regulation experience. The
County has the expertise and the enabling authority to process the reclamation plan
amendment.
Mining is not a planned land use in Cupertino. The subject properties are zoned and
general planned for very low density residential land uses. No mining is intended in
the slope lay-back area. The area merely provides future environmental remediation
for the quarry land reclamation. Consequently the plan amendment is consistent with
the Cupertino General Plan and zoning.
Enclosures:
Exhibit A: Draft Agreement between Santa Clara County and the City of Cupertino
Exhibit B: Stevens Creek Quarry Mine Location Map
Exhibit C: Parcel B Aerial Photo Showing Slope Lay-Back Area in Cupertino
Prepared by: Colin Jung, Senior Planner
Approved by:
Director, Community Development
G:planning/pdreporf/cr/100$/Stevens Creek Quarry OS-20-08.doc
David W. ~napP
City Manager
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Steve P1aScCk1
AGREEMENT BETWEEN
THE COUNTY OF SANTA CLARA AND
THE C1lY OF CUPERTINO REGARDING SMARA
AND CEQA LEAD AGENCY DESIGNATION
This document constitutes an Agreement ("Agreement") between the COUNTY OF
SANTA CLARA, a political subdivision of the State of California ("County"), and THE
CITY OF CUPERTINO, a California municipal corporation ("Cupertino").
RECITALS:
A. Stevens Creek Quarry, Inc., (hereinafter referred to as "Applicant") currently
operates a construction aggregates mine.("Operation") located in Santa Clara County.
Applicant has applied for a reclamation plan amendment to expand the plan
boundaries to cover an additional acres (the "Project") to comply with directions
from the State Office of Mine Reclamation that all disturbed areas associated with the
Operation be included within the Operation's reclamation plan. A portion of the
expansion area for the reclamation plan includes an area referred to as the "Layback
Area," which is approximately 9 acres acres in size within Cupertino, and
approximately acres in size within unincorporated Santa Clara County. (See
Exhibit A-1, attached hereto.) The sole purpose of the work within the Layback Area is
to allow for reclamation work (e.g., slope-stability activities, revegetation).
B. In order to commence work in the Layback Area, the Applicant must, among
other things, obtain a Reclamation Plan amendment and post adequate Financial
Assurances pursuant to the requirements of the Surface Mining and Reclamation Act of
1975, Cal. Public Resources Code ~ 2710 et seq. ("SMARA"). The permitting process
may also require compliance with the California Environmental Quality Act, Cal. Public
Resources Code ~ 21000 et seq. ("CEQA").
C. Because the Project is located in the jurisdiction of both the County and
Cupertino, questions arose regarding which agency should be lead agency over the
Project pursuant to both SMARA and CEQA.
D. Under the CEQA Guidelines, 14 Cal. Code of Regulations Section 15051, where
two or more public agencies are involved with a project, the agencies "may by
agreement designate an agency as the lead agency."
E. Where, as with this Project, a proposed surface mining operation is within the
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H:\Word Documents\Stever~s Creek Quarry\SCQ MOU-re~4sed 2 }-0S.doc
jurisdiction of two or more public agencies and muting is a permitted use within such
agencies' jurisdiction, Section 2771 of SMARA allows for the designation of one of these
public agencies to serve as the lead agency under SMARA for consideration of the
project.
NOW, THEREFORE, the County and Cupertino agree as follows:
1. SMARA Lead Agency Responsibility. The County shall be the lead agency for
the Project for purposes of SMARA in accordance with Section 2771 of SMARA.
2. CEQA Lead Agency Responsibility. Iri accordance with CEQA Guidelines
Section 15051, the County shall be the lead agency for purposes of any environmental
review of the Project that maybe required under CEQA.
3. Cupertino CEQA Review. Cupertino shall be a responsible agency for purposes
of any environmental review of the Project that maybe required under CEQA.
4. Land Use Jurisdiction. This Agreement shall have no effect on any other
jurisdictional issues related to the Project, including but not limited to any zoning or
other land use regulations that may apply to the Project within the County's and
Cupertino's respective jurisdictions.
5. Consultation Process. The County will provide Cupertino with regular updates
about the Project and will forward key documents to Cupertino for their review (e.g.,
application materials, notices of public hearings, staff reports).
6. Termination. Either the County or Cupertino may terminate this Agreement by
giving 60 days' written notice to the other party.
7. Notice. All notices. and other correspondence provided pursuant to this
Agreement shall be sent via facsimile, a-mail or U.S. mail to the following individuals:
County:
Gary Rudholm
Senior Planner, Planning Office
70 W. Hedding Street, 7~ Floor, E. Wing
San Jose, CA 95110-1770
g_ary.rudholm@pln.scc_og v.org
fax: 408-299-9198
Cupertino:
Colin Jung
Senior Planner
10300 Torre Avenue
Cupertino, CA 95014-3255
colin~@cupertino.or~
fax: 408-777-3333
Page 2
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H: \ Wozd Docvments\ Stevens Creek Quarry \ SCQ MOU-re~~ised 2~1-0B.dot
IN WITNESS WHEREOF, the County and Cupertino have executed this Agreement as
follows:
t
COUNTY OF SANTA CLARA:
By:
Name:
Title:
Date:
APPROVED AS TO FORM:
CITY OF CUPERTINO:
By:
Name:
Title:
Date:
By: By;
Lizanne Reynolds
Deputy County Counsel
H:\Word Documents\Stevens Creek Quarry\SCQ MOU-revised 2-0-0B.doc
Page 3
APPROVED AS TO FORM:
COUNSEL FOR CITY OF CUPERTINO
Charles Kilian
City Attorney
15-5
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RESOUI~O~ DESIGN
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