No Toxic Air v. Santa Clara County CA6

STATEMENT OF FACTS2

The Quarry is located at the end of Permanente Road, which is the continuation of Stevens Creek Road in unincorporated Santa Clara County near the western border of the City of Cupertino. Since 1903, the Quarry has been conducting a surface mining operation producing limestone and aggregate. In 1939, The Permanente Corporation (Permanente) purchased the Quarry property, which at that time consisted of approximately 1,300 acres. In the same year, Permanente received a use permit from the County to construct and operate a cement factory next to the Quarry, using limestone produced from the Quarry. This use permit remains in effect. From the date of the original purchase in 1939, Permanente expanded the Quarry’s operations, opening new mining areas on the property, and acquiring adjacent parcels. At the time of the County’s vesting determination in 2011, the Quarry had grown to 3,510 acres consisting of 19 separate parcels. In January 1948, Santa Clara County zoning ordinances went into effect that required use permits for mining operations such as those conduced at the Quarry. By this time, the Quarry was running large scale operations on the property such as…