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Tiburon OKs interim standards to keep some control on new housing

California’s punitive builder’s remedy is now in effect in Tiburon, removing major checks on local development after the town missed its Jan. 31 deadline to have a compliant roadmap to accommodate new housing.

Tiburon was expected to submit a second draft of its 2023-2031 housing element to the California Housing and Community Development Department today, Feb. 1, after revisions were approved by the Town Council Jan. 25. At the same meeting, the council approved interim objective standards to ensure any potential builder’s-remedy projects conform to locally preferred architectural styles, colors and other elements.

Both votes were 4-0, with Vice Mayor Noah Griffin absent.

The state will now have up to 60 days, or to about April 2, to review the second draft and either certify it or request additional changes. Even if the state quickly deems Tiburon’s plan in compliance, the town must still formally adopt it to be valid — and that requires a completed environmental-impact report. The town has said that may not be done for months.

With Tiburon missing the state’s Jan. 31 deadline for Northern California cities, it’s officially out of compliance and the builder’s remedy has kicked it. That means local zoning and general plans no longer apply, and any development with at least 20% low- or 100% moderate-income housing must be approved by right under less-restrictive state rules. The town is also exposed to enforcement action, fines, lawsuits and ineligibility for certain transportation and housing grants.

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