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San Jose council approves SB 1333-driven open-space rezoning in parts of Willow Glen after resident concerns
Summary
City Council approved a consent-item rezoning to align local zoning with state law SB 1333 that adds an open-space designation along riparian corridors in parts of Willow Glen; neighbors pressed for written assurances that existing single-family rights and rebuilding authority would be preserved.
San Jose City Council on June 3 approved a consent-item rezoning to align local zoning with SB 1333, adding an open-space designation along riparian corridors that affects properties on Glen Eyrie and nearby streets in the Willow Glen neighborhood.
The action, moved by Councilmember Michael Mulcahy and included with the consent calendar, passed unanimously after public comment from multiple residents and a staff commitment to provide a written summary clarifying how the rezoning will be applied to existing single‑family properties.
Councilmember Michael Mulcahy, who represents District 6, said the rezoning is mandated by state law and that staff had worked to answer residents’ questions. He told the council the open-space designation is intended to implement the city’s long-standing riparian corridor policy and to protect waterways by preventing incompatible development along creeks. “No property is lost due to this rezoning,” Mulcahy said, adding that setbacks remain measured from the property line and that standard building permits continue to apply for most remodeling or rebuilding that meets R‑1‑8 standards.
Neighbors urged the council to provide a written confirmation that existing rights would be preserved. Several residents from Glen Eyrie, including Shirley Woods and Maren Sederquist (Willow Glen Neighborhood Association president), told the council they had received conflicting information by email and from earlier briefings and asked for a formal written statement that properties would be “grandfathered” with current rebuilding and remodeling authorities.
Chris Burton, director of Planning, Building and Code Enforcement, told the council staff had exchanged lengthy email threads with neighbors and agreed to prepare a clearer letter or memo memorializing the department’s interpretation of state law and what the rezoning means in practice. “Emails can get confusing. Long threads, lots of back and forth,” Burton said. He agreed to provide the requested letter-format summary for distribution to the neighborhood.
Mulcahy asked that the motion to approve item 2.2a include the remainder of the consent calendar; the motion carried unanimously.
Residents raised additional concerns unrelated to the rezoning text, such as creekbank erosion and on-street parking pressure from nearby multifamily development; those issues were discussed but not resolved by the council in this hearing.
The council’s approval aligns local zoning maps with state requirements under SB 1333, and staff said the change is largely about consistency rather than adding new development rights. Staff and Mulcahy also said accessory dwelling units remain allowed under state law and that properties that have been lost to fire or natural disaster may be rebuilt under existing rules.
Council and planning staff committed to follow up with a single, clear written explanation for affected property owners about how the riparian setback and open-space designation will apply and to continue direct outreach to the small group of concerned homeowners.
Votes: The motion to approve the consent calendar (including item 2.2a) passed unanimously.
