San Jose council approves first reading to align zoning with general plan; Glen Eyrie residents press for exemptions

The San Jose City Council approved a first reading on April 29 to rezone parcels across the city to align the municipal zoning map with the city’s general plan, a change staff described as required by state law (SB 1333). Council members voted unanimously on the first reading; staff said the item will return for a second reading in May after additional outreach on a handful of contested properties.

Council and staff told residents the rezoning is a citywide technical alignment rather than a new development plan, but several homeowners in the Glen Eyrie/Creek Drive area urged the council to delay approval for their blocks. The homeowners said a riparian setback and an open-space designation now map through private backyards, in one case cutting through a bedroom and appearing to reduce use of privately owned land.

“The zoning changes will streamline the development process by making zoning consistent with the general plan,” said Chris Burton, Director of Planning, Building and Code Enforcement. Burton told the council the open-space line corresponds roughly with the city’s 100-foot riparian setback policy and that the general plan designation for the creek corridor predated this rezoning effort. He added that the rules are intended to preserve riparian corridors, not to force immediate changes to existing homes.

Residents described physical conditions that they said make the open-space mapping impractical. Margaret Kukuda and Christine Ballard said the creek banks in their area are steep, essentially unbuildable, and that the map’s 90-degree jog appears to bisect private lots. “There is no flat land except for the bed of the creek,” Kukuda told the council. Several speakers also said homeless encampment activity already reaches the creek bed and raised concerns about safety and maintenance if the area is designated open space.

Councilmember Mulcahy, whose office represents the area, and other councilmembers asked staff to provide clearer information about development rights for current property owners, and what rebuild rights would be after a catastrophic loss. Burton said homeowners may still remodel and build accessory dwelling units consistent with existing rules and that the rezoning is intended to clarify how future redevelopment would be reviewed for general-plan consistency.

Councilmember Kamay moved — and Vice Mayor Foley seconded — to approve the rezoning on first reading while setting aside time between the first and second readings for additional outreach on Glen Eyrie and Creek Drive. City staff confirmed the ordinance requires two readings; the council scheduled the second reading for May to allow more meetings with residents and follow-up from Planning.

What remains unresolved are homeowner concerns about property values, whether mapped open-space lines can run through constructed bedrooms, and specific examples of how redevelopment or insurance claims would be handled. Staff agreed to return with clarifying information between readings and to meet individually with affected residents.

Votes at a glance: the council approved the first reading of the citywide rezoning ordinance required by SB 1333; the vote on April 29 was unanimous. The item will return for a second reading in May.