Subject: Formal Objection to Proposed Rezoning of Glen Eyrie Avenue from R-1-8 to Open Space
We are writing to formally object to the proposed rezoning of our property at Glen Eyrie Avenue, currently zoned R-1-8 (Single-Family Residence), to Open Space (OS). This proposed action which was introduced as part of the General Plan alignment, includes existing residential structures such as homes, garages and other improvements on multiple affected parcels in the Willow Glen neighborhood along Los Gatos Creek.
Key Objections:
1. Rezoning Map Includes Existing Structures
The rezoning map provided by the City includes existing homes, garages, and other legally built residential structures within the proposed Open Space (OS) zone. This is deeply concerning. Open Space zoning is typically reserved for undeveloped or environmentally sensitive land—not for active, occupied residential lots.
Including existing structures in the Open Space zone raises numerous legal and practical issues. Chief among them is the potential loss of property rights: homeowners may be prohibited from maintaining, improving, or rebuilding structures that fall within the newly zoned area. This could result in significant economic harm and may even constitute a regulatory taking requiring compensation.
2. Inappropriate Application of General Plan Policy
While the General Plan provides a framework for land use over the long term, it should not be used to justify broad zoning changes without evaluating their real-world impact on individual homeowners. Our property is an active, maintained residential yard. It is not publicly accessible, it is not vacant, and it is not used for open space or conservation purposes.
3. Loss of Private Use and Property Value
Rezoning our backyard to Open Space would substantially restrict our ability to use, modify, or improve it—activities fully consistent with the existing R-1-8 zoning. This change would also reduce the market value of our property by making a portion of it undevelopable.
4. Lack of Transparency and Due Process
This proposal was introduced without adequate explanation, detailed plans, or consideration of alternative solutions. No zoning exception process or individualized review of affected properties has been offered.
5. No Compensation or Clear Benefit to Homeowners
If this rezoning is designed to support public goals such as trail expansion or habitat protection, then the City should clarify whether it intends to:
- Acquire these portions of land from homeowners
- Grant public access to them
- Impose additional restrictions in the future
If no such plans exist, then Open Space zoning is not a proportionate or appropriate designation for residential parcels.
We request immediate clarification on the following:
- It has been stated by the Citywide Planning Team that existing structures within the proposed Open Space zone will retain their full development and rebuilding rights. Please provide a written statement that we will retain full rights to maintain, repair and rebuild these structures without Special Use Permits of any type being required due to rezoning to OS.
- If these structures are to be treated as legal non-conforming uses as stated by the Citywide Planning Team, that designation will most certainly affect insurance, resale and financing. - What is the City's basis for including developed parcels and built structures in an Open Space designation?
- Please describe any changes to permitted uses or limitations on future improvements to our property under the OS zoning.
-It has been stated by the Citywide Planning Team that there are currently no plans for public use of the affected private properties. We remain concerned that the OS designation could enable such actions in the future. Please provide a written statement affirming that the City of San Jose does not intend to use the OS zoning to create or imply any public access, trail, easement or acquisition of our private property now or in the future.
These concerns must be addressed before any formal decision is made regarding the rezoning proposal.
Request for Action:
We urge the Planning Division to:
- Withdraw this rezoning proposal until proper public engagement and parcel-specific review can be conducted
- In order to protect developed parcels and active residential uses, consider a General Plan amendment or applying a zoning overlay, carve-out or development agreement to preserve R-1-8 rights for parcels like ours and our neighbors along Los Gatos Creek. - Schedule a community meeting with the affected property owners Please include this objection in the official record and notify us of all future hearings or decisions related to this matter.
Sincerely,
Tom and Lori McFarland
Subject: Formal Objection to Proposed Rezoning of Avenue from R-1-8 to Open Space
We are writing to formally object to the proposed rezoning of our property at Avenue, currently zoned R-1-8 (Single-Family Residence), to Open Space (OS). This proposed action which was introduced as part of the General Plan alignment, includes existing residential structures such as homes, garages and other improvements on multiple affected parcels in the Willow Glen neighborhood along Los Gatos Creek.
Key Objections:
1. Rezoning Map Includes Existing Structures
The rezoning map provided by the City includes existing homes, garages, and other legally built residential structures within the proposed Open Space (OS) zone. This is deeply concerning. Open Space zoning is typically reserved for undeveloped or environmentally sensitive land—not for active, occupied residential lots.
Including existing structures in the Open Space zone raises numerous legal and practical issues. Chief among them is the potential loss of property rights: homeowners may be prohibited from maintaining, improving, or rebuilding structures that fall within the newly zoned area. This could result in significant economic harm and may even constitute a regulatory taking requiring compensation.
2. Inappropriate Application of General Plan Policy
While the General Plan provides a framework for land use over the long term, it should not be used to justify broad zoning changes without evaluating their real-world impact on individual homeowners. Our property is an active, maintained residential yard. It is not publicly accessible, it is not vacant, and it is not used for open space or conservation purposes.
3. Loss of Private Use and Property Value
Rezoning our backyard to Open Space would substantially restrict our ability to use, modify, or improve it—activities fully consistent with the existing R-1-8 zoning. This change would also reduce the market value of our property by making a portion of it undevelopable.
4. Lack of Transparency and Due Process
This proposal was introduced without adequate explanation, detailed plans, or consideration of alternative solutions. No zoning exception process or individualized review of affected properties has been offered.
5. No Compensation or Clear Benefit to Homeowners
If this rezoning is designed to support public goals such as trail expansion or habitat protection, then the City should clarify whether it intends to:
- Acquire these portions of land from homeowners
- Grant public access to them
- Impose additional restrictions in the future
If no such plans exist, then Open Space zoning is not a proportionate or appropriate designation for residential parcels.
We request immediate clarification on the following:
- It has been stated by the Citywide Planning Team that existing structures within the proposed Open Space zone will retain their full development and rebuilding rights. Please provide a written statement that we will retain full rights to maintain, repair and rebuild these structures without Special Use Permits of any type being required due to rezoning to OS.
- If these structures are to be treated as legal non-conforming uses as stated by the Citywide Planning Team, that designation will most certainly affect insurance, resale and financing. - What is the City's basis for including developed parcels and built structures in an Open Space designation?
- Please describe any changes to permitted uses or limitations on future improvements to our property under the OS zoning.
-It has been stated by the Citywide Planning Team that there are currently no plans for public use of the affected private properties. We remain concerned that the OS designation could enable such actions in the future. Please provide a written statement affirming that the City of San Jose does not intend to use the OS zoning to create or imply any public access, trail, easement or acquisition of our private property now or in the future.
These concerns must be addressed before any formal decision is made regarding the rezoning proposal.
Request for Action:
We urge the Planning Division to:
- Withdraw this rezoning proposal until proper public engagement and parcel-specific review can be conducted
- In order to protect developed parcels and active residential uses, consider a General Plan amendment or applying a zoning overlay, carve-out or development agreement to preserve R-1-8 rights for parcels like ours and our neighbors along Los Gatos Creek. - Schedule a community meeting with the affected property owners Please include this objection in the official record and notify us of all future hearings or decisions related to this matter.
Sincerely,
Tom and Lori McFarland