Disputed property holds up Tiburon housing element
State regulators say Tiburon needs to address potential development constraints on a controversial property on Paradise Drive in order to have its housing element certified.
The 9-acre tract in question — located at 4576 Paradise Drive in the Paradise Cay area — has projected 93 market-rate residences at the site with a zoning density of 10 to 12.4 dwellings per acre.
The state said water and sewer availability; fire and emergency services access and ephemeral streams that may constrain the buildable footprint must be addressed in a revised housing element and submitted for review.
“The adopted housing element addresses most statutory requirements described in HCD's April 17, 2023 letter; however, additional revisions are necessary to substantially comply with State Housing Element Law,” the July 28 letter said.
Greg Chanis, town manager, said his comments were limited on the subject due to pending litigation against the town regarding the property.
“Town staff and our consultants have reviewed the HCD letter and will be providing draft comments and revisions to the Planning Commission and Town Council at future public meetings,” Chanis said. “We look forward to continuing our work with HCD staff to complete the certification process as quickly as possible.”
A group of residents called the Committee to Preserve the Paradise Cove Salt Marsh, Tidelands and Neighborhood Safety filed a lawsuit against the town on June 23, alleging the development plan at the site violates the California Environmental Quality Act and state planning and zoning laws.
“Town of Tiburon staff has been working with HCD to get a certified housing element,” said Councilmember Holli Thier. “We are currently responding to comments from HCD and from the community and hope to receive certification in the very near future.”
The state letter said conversations with staff and the property owner have indicated the issues would not constrain development, but that the housing element should address and respond to the concerns.
The town also must also complete rezoning of the property with established development standards that will allow for the proposed zoning, the state said. The rezone must be completed by Jan. 31, 2024.
An updated version of the housing element notes that clustered development and culverting can address the issue of the streams.
It further said that around 1,000 gallons per minute can be delivered to nearby Trestle Glen Boulevard by a gravity flow system. The site is located in the Tiburon Fire Protection District's service area. New development would be subject to the fire apparatus access, road widths, turnarounds and fire hydrant requirements.