SAN JOSE >> A tech site in North San Jose could become a big housing development under a new “builder’s remedy” proposal that’s being crafted to fast-track the project through the city’s planning process.

SummerHill Housing Group has filed development plans for a site that currently is occupied by an office and research building next to the Intel Innovation Campus, city documents show.

The potential development is being proposed at 150 River Oaks Parkway in San Jose. The 5.7-acre property is between North First Street and Zanker Road, according to files at the Santa Clara County Assessor’s Office.

If built, the housing project would emerge within the footprint of the vast tech hubs that have sprouted over the decades in North San Jose and become a crucial economic driver for the Bay Area’s largest city.

In the aftermath of the coronavirus pandemic, a number of Bay Area tech buildings emptied as a result of the business lockdowns that state and local government agencies imposed to curb the spread of the virus.

Yet even after government officials gave the all-clear to return to the pre-COVID-19 world, a number of tech companies embarked on quests to shed real estate, a process that is ongoing.

These tech efforts have unleashed rising office vacancies and slumping rents.

The pressures on the office market have prodded a growing number of commercial property owners to ponder ways to convert some of their Bay Area office building sites into badly needed housing.

In downtown San Jose alone, a pair of office towers at the corner of First Street and Santa Clara Street — the Bank of Italy high-rise and the Bank of the West high-rise — could be converted from offices to apartments.

In North San Jose, Maevo Group USA owns the property where the housing development is being eyed on River Oaks Parkway.

It wasn’t immediately clear what spurred Maevo Group to consider the possibility of a residential project by SummerHill Housing. It also wasn’t clear whether SummerHill had made arrangements to purchase the site from Maevo Group.

The project is slated to consist of 143 town home condominiums spread out among 24 buildings, according to a letter that Bryan Wenter, an attorney with law firm Miller Starr Regalia, sent to city planners on behalf of SummerHill.

An estimated 20% of the units would be “deed-restricted for lower-income households,” Wenter wrote in the letter to the city on behalf of SummerHill.

A “builder’s remedy” approach could pave the way for a streamlined decision-making process for the housing development — and not require a general plan change to accommodate new housing development.

It’s a tactic that can be employed in cases where cities have yet to receive approval from the California Department of Housing and Community Development for their housing plans, which are required by the state.

The Miller Starr Regalia letter to San Jose planners was written more in the style of a legal brief for a court proceeding rather than a means to introduce the project and the preliminary proposal.

The letter cited court rulings, legal precedents, interpretations of state laws, warnings that the city could be subject to fines if it unlawfully obstructs the housing proposal, and reminders that San Jose is obliged to proceed in a swift fashion to make a decision on the project plans.

“Under SB 330, housing development projects that comply with applicable objective general plan and zoning standards are subject to a maximum of five public hearings prior to final action by the city,” the attorney’s letter stated. “The city must consider and either approve or disapprove the project at one of these five hearings, after which no further hearings may be held in connection with project approval.”

The Miller Starr Regalia letter concluded in a fashion that contrasted sharply with the string of warnings and admonitions that the law firm directed at the city.

“SummerHill looks forward to working in cooperation with the city to provide much-needed housing, including affordable housing, to the community,” Wenter stated in the letter.