Judge confirms ruling that Tiburon study for housing site broke law

A Marin judge has confirmed her ruling that Tiburon violated state environmental laws when analyzing the impact of up to 118 new housing units at a Paradise Drive property, throwing a wrench into the town’s housing plans.

Superior Court Judge Sheila Shah Lichtblau’s Sept. 19 order sets aside and decertifies portions of an environmental-impact report that was required, in part, to rezone the 9.6-acre site at 4576 Paradise Drive and other parts of town for denser development. In agreeing with neighborhood group the Committee for Tiburon that the study of the Paradise Drive site was insufficient, she wrote that it “fails to include feasible analysis of the reasonably foreseeable impacts” of its development at full capacity.

As a result, the rezoning of the property must also be set aside, as well as the site’s inclusion in Tiburon’s state-approved 2023-2031 housing element, which had a mandate to identify locations for at least 639 new housing units in the next eight years.

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