SummerHill Housing Group used the state’s “builder’s relief” legal strategy to fast-track approval for 143 townhomes in North San Jose.

The San Ramon-based developer has submitted plans to build a three-story home at 150 River Oaks Parkway under a three-year old state housing loophole, According to the San Jose Mercury News. They will replace a 100,000-square-foot office and research building.

There are plans for 20 buildings and 143 townhouses on the 5.7-acre site at the intersection of North First Street and Zanker Road, adjacent to the Intel Innovation Campus. The property is owned by Milpitas-based Maevo Group USA.

SummerHill’s goal is to adopt builder remedies, a legal provision of the state’s Housing Liability Act of 1990 that was largely forgotten until last year. The so-called “nuclear option,” which penalizes cities that fail to meet state-mandated housing target deadlines, allows developers to bypass local zoning if their projects include enough affordable housing.

This untested legal strategy was first employed last year (Redondo Beach) and Santa Monica in Southern California, such as the real deal, impact on the Bay Area.

Bryan Wenter, an attorney for Miller Starr Regalia, said in a letter to city planners on behalf of the developer that an estimated 20 percent of the proposed townhouses in SummerHill, North San Jose, are “deeds for low-income households.” limit”.

He said the “builder’s remedy” approach could pave the way for easier approvals without requiring changes to master plans.

His letter cites court rulings, legal precedent, interpretations of state law and warns that the city could be fined if it illegally obstructs the townhouse project.

The project, designed by Brentwood-based SDG Architects, features white, gray and Cape Cod blue clapboards and balconies, according to renderings.

Bay Area developers submitted nearly three dozen “builder’s remedies” projects to sidestep local zoning and build more than 6,400 homes in 11 cities and counties.

Among Bay Area builder remediation projects, 15 are proposed in San Jose, five in Mountain View, three in Palo Alto, three in Los Altos Hills, and two in Brentwood , plus Menlo Park, San Mateo, Pleasanton, Sonoma, Fairfax and Marin counties.

Many of the builder’s remedial proposals are aimed at building in upscale areas long opposed to large housing projects. One of the reasons developers target wealthier cities is so they can charge higher rents and selling prices to offset the cost of affordable housing.

Summerhill Residential Group One of eight companies founded by brokerage firm Marcus & Millichap, headquartered in Calabasas. Since 1976, SummerHill has completed more than 80 development projects in the Bay Area, including more than 6,000 single-family homes, condos, townhomes and condos, According to its website.

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