In the traditional structural optimization of moving boundary type, it is hard to make change of the layout of structure, such as generating holes in the design domain. The new optimization technique was recently developed that used homogenization method and consider optimal shape and layout problem as optimal distribution of microstructure. The technique uses mean compliance as objective function to be minimized, and total weight as constraint, and it was rather difficult to avoid local stress concentration. In this paper, this technique is appplied for the problem of minimizing weight while upper bound of the local Mises stress level was set as constraints. Since there as many constraint as the number of finite element mesh, the usual sensitivity analysis is quite difficult, and new adjoint problem was defined to be utilized in the context of the optimality criteria method, which significantly reduced the total computational time. The determination technique for Lagrange muliplier is proposed. Several examples are solved and it was shown that the maximum stress level can be greatly reduced using this new technique. It was also shown that the optimal topology for 2 problem can be quite different.