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County of Santa Clara Board of Supervisors Vacates Easement over Permanente Road

SANTA CLARA COUNTY, CALIF. – Today, the County of Santa Clara Board of Supervisors voted unanimously to vacate an easement over Permanente Road. Permanente Road, approximately 3.2 miles long, is located at the west terminus of Stevens Creek Boulevard in the unincorporated area of the county. The road is owned by Hanson Permanente Cement and operated by Lehigh Cement.

In 1893, Permanente Road was dedicated by the landowners to the County of Santa Clara for public roadway purposes. However, the road has been impassible for public vehicular travel for the past seven decades. The County has not maintained the road. Since the road has not been used for public purposes, it qualifies for summary vacation according to California Streets and Highways Code.

The California Streets and Highways Code authorizes the summary vacation of a public street under certain circumstances, including where the street has been impassible to vehicular traffic for the 5 years, and no public money has been spent to maintain the street during that 5-year period.

Background

On February 8, 2011, the Board of Supervisors held a public hearing regarding whether and to what extent quarrying is a legal nonconforming use on the Lehigh property. More than 100 people testified at the hearing, including members of the public, representatives of the Permanente Quarry, and representatives from the Bay Area Air Quality Management District.

At the meeting, the Board unanimously agreed that 1947 Zoning Code amendment applied to the property and that the owner of the Lehigh Permanente Quarry has "vested rights" for numerous parcels on its site as of 1948. The Board also adopted a resolution that directed Lehigh to apply for a formal abandonment of Permanente Road easement. Subsequently, the required application materials and fee were submitted by Lehigh Cement.

Media Contact: Gwendolyn Mitchell/Lingxia Meng, Office of Public Affairs, (408) 299-5119
Posted: August 23, 2011