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As the Councilmember and the organizations representing the interests of the Berryessa BART Station and neighboring Urban Village, it our obligation to firmly oppose any proposal to reduce housing density on the Berryessa Flea Market site.
We cannot allow current poor, possibly short term economic conditions change development plans at a key strategic site in San José. In 2021, Council increased the zoned density at the Flea Market South, requiring a minimum of 3500 housing units, to maximize the opportunities presented by the location of a major transit hub in the city. We must continue to meet the obligation to voters and taxpayers, who invested billions of dollars in the BART Phase 1 expansion through Measure A in 2000 and significant State and Federal funding dollars. San José has historically and continues to be highly car dependent, and we are working very hard to create options for residents to be able to work, shop, and live without requiring a car. It’s a crucial part of our Climate Smart program and many of the major updates to our planning policies. High quality transit lines are exactly where we can foster walkability in denser developments.
Throughout District 4 and the rest of San José, the so-called Builders Remedy has been utilized by developers to decrease density despite the intention of the law to ensure that noncompliant cities meet their housing obligations. Additionally, these sites were included in the housing inventory of our Housing Element. Reducing our housing capacity would negatively impact our efforts to meet State Housing Element law.
“Given the access to high-quality transit, the Flea Market’s economic activity, and the uniquely central location within the City, we should not accept anything less than the highest possible housing density on this site. The Flea Market over the years has been a major economic engine for immigrants and small business owners. As the Flea Market is closing, we must honor our obligation to the community by achieving the highest housing benefit possible as we address the greatest challenge we face – a housing shortage. Only high-density housing honors our obligation to ensure significant economic investment in the area. The area surrounding the Berryessa Flea Market represents the convergence of decades of public Investment, the intention of which was to serve as a model for future developments.”
– Councilmember David Cohen
"The strategic location of this site demands more. Development decisions have a lock-in effect on how people live, work and travel for decades. The BART extension was meant to help transform San Jose's growth, and we need to achieve this transformation if the extension is to make financial sense. That requires high housing and office density standards, community affordability and stabilization policies, and sustainable and affordable station access."
- Laura Tolkoff, Interim Chief of Policy and Transportation Policy Director, SPUR
The significant amount of investment from the federal, state, and local governments was under the premise of building a core transit-oriented development. We made a promise to our funding partners and it must not be watered down. How can we ensure voters that our tax dollars are being used in an effective and sustainable way for future projects?
The Berryessa BART/Flea Market site must continue to be a lively, economic engine for the City of San José. Maintaining high-density housing is the only way to keep our commitment to the public, government partners, and the future families of this area. We urge the property owners not to take advantage of the Builders Remedy and continue to build at the original high-density planned.
Co-signed by:
Councilmember David Cohen • SV@Home • Silicon Valley Leadership Group
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