A Builder’s Remedy proposal for nearly 1,000 apartments on Highway 68 stirs concerns.

A Fullerton-based housing developer with a track record of proposing enormous developments under the state’s Builder’s Remedy law, then threatening jurisdictions with legal action, has brought three such proposals to Monterey County, including new proposals for two adjacent parcels on Highway 68, totaling over 950 apartments. Despite a growing concern among residents, the County’s planning director is expressing doubts the apartments will ever be built.

The proposal could be the precursor to legal action against the County of Monterey, as evidenced by the developer’s actions against other jurisdictions in California.

The developer, Ben Eilenberg, submitted an application on Sept. 20 for the largest of two parcels located on Highway 68 at Laureles Grade Road, across the street from a Monterey County Regional Fire Protection District station. The application calls for three 17-story buildings, 500,000 square feet each, with 752 apartments, 98 of them considered affordable.

The application was submitted as coming from the “Roman Catholic Bishop of Monterey.” The two parcels do belong to the Diocese of Monterey and are currently offered for sale at $795,000, but Eilenberg filed the application. The Diocese did not respond to requests for comment.

Eilenberg also declined to comment, “because the matter is now being handled by attorneys,” he says.

On the adjacent parcel on Laureles Grade Road, Eilenberg has proposed a single 330,000-square-foot building with 200 units, 26 of those affordable. The County records state that the application was marked as voided on Sept. 20. In 2025, Eilenberg as Carmel Housing Group LLC, proposed a 200-apartment building on Viejo Road, in unincorporated Carmel, bordering the city of Monterey. The application was deemed incomplete over a year later on July 17.

The application submitted this year for the three buildings on Highway 68 at Laureles Grade Road included architectural plans and renderings of the 17-story buildings. The County has billed Eilenberg more than $61,000 in developer’s fees. He paid $500 in March when he first requested an application. Until the rest of the fees are paid, the County will not formally accept the application, HCD Director Craig Spencer says.

Once the application is formally received, a 30-day review period begins, as required under Builder’s Remedy law.

“I don’t see there actually being a real project with any feasible future,” Spencer says, adding that the properties at Highway 68 and Laureles Road have no water or sewer service.

Eilenberg, who previously worked as an attorney but is now ineligible to practice law in California due to multiple disciplinary actions, appears to be filing Builder’s Remedy applications around the state under different LLCs, followed by threats of legal action.

In June, a federal judge dismissed a case brought by Eilenberg in Santa Barbara, according to the Santa Barbara Independent. The judge called the complaint “woefully short” on specific evidence, although he left an opportunity open to amend the case. Eilenberg also sued the city in 2025. A judge tentatively dismissed the lawsuit in April.