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Who Killed the Building? · Case brief · October 23, 2026

4576 Paradise Drive Rezoning (Tiburon Housing Element Site H)

Tiburon · Marin County · California · https://whokilledthebuilding.com/projects/tiburon-paradise-drive-2023

4576 Paradise Drive is a 9.6-acre hillside parcel above Paradise Cay in Tiburon, owned by Eric Crandall through Sierra Pines Group LLC. It holds two homes and was zoned for residential planned development, allowing a maximum of seven units. After HCD rejected the first draft of the town's 2023-2031 housing element, Community Development Director Dina Tasini asked Crandall in January 2023 about adding the property, and the town listed it as Site H, one of 17 inventory sites, with a realistic capacity of 93 market-rate units; the environmental review assumed up to 118. The town needed sites for at least 639 units and listed sites for 692. On May 22, 2023 the town certified a program environmental impact report and adopted General Plan 2040, including the housing element. A neighborhood group, the Committee for Tiburon LLC, sued in Marin County Superior Court on June 23, 2023, arguing that the EIR had to analyze the site's specific impacts. HCD found the amended housing element in substantial compliance on October 18, 2023, and the town adopted an ordinance rezoning Site H on December 6, 2023. No housing project has been proposed for the site. On September 19, 2024 Judge Sheila Shah Lichtblau set aside portions of the EIR, the rezoning and the site's inclusion in the housing element, which The Ark reported left the town 40 units short of its minimum; HCD did not decertify the element. The council authorized an appeal in November 2024, and the Attorney General and HCD filed an amicus brief supporting the town, as did the League of California Cities and the California State Association of Counties. On February 2, 2026 the First District Court of Appeal reversed, holding in a published part of its opinion that a program EIR for a general plan need not analyze a housing element site where no housing project has been proposed. The California Supreme Court denied review on April 29, 2026. In unpublished parts of the opinion, the court sent the case back to Marin County Superior Court to decide whether the Site H rezoning is exempt from CEQA under Public Resources Code section 21080.085, a 2025 exemption (SB 131) for rezonings that carry out an HCD-approved housing element, and, if it is not, whether the program EIR covered it; the trial court must also decide whether General Plan 2040 is internally consistent. No ruling on those questions has been reported.

Project facts

JurisdictionTiburon, Marin County
StatusLitigated
Project typePlan or Policy
Address4576 Paradise Drive, Tiburon, CA 94920
Units proposed93
Date filedMay 22, 2023
Date approvedDecember 6, 2023
Housing elementIn compliance (HCD)

Mechanism and what it did

Decision-making bodies

Court · City Council · California Court of Appeal (First District) · Judge Sheila Shah Lichtblau

Timeline

DateEventWhat the record shows
May 22, 2023Town Certifies General Plan EIRThe program EIR for General Plan 2040, which includes the housing element, studies 916 new units across the town's 17 housing sites without site-specific analysis. Court of Appeal opinion: https://law.justia.com/cases/california/court-of-appeal/2026/a171983.html
June 23, 2023Neighbors Sue Over Paradise Drive SiteThe group's spokesperson says the site is "unsuitable for more than four units of housing." The petition is later amended to challenge the rezoning. The Ark: https://www.thearknewspaper.com/live/residents-sue-tiburon-over-paradise-drive-housing-site
October 18, 2023State Certifies Tiburon Housing ElementHCD finds the element in substantial compliance after the town amended it on Sept. 20, 2023. Court of Appeal opinion: https://law.justia.com/cases/california/court-of-appeal/2026/a171983.html
November 15, 2023Council Votes 4-0 To Rezone SiteCouncilmember Isaac Nikfar abstains. The Ark reports that no development plans have been submitted for the site. The Ark: https://thearknewspaper.com/live/tiburon-nears-adoption-of-controversial-property-rezoning
December 6, 2023Town Adopts Site H RezoningThe ordinance rezones the parcel for very high density residential use with a realistic capacity of 93 units. The committee amends its petition on Dec. 15 to challenge it. Court of Appeal opinion: https://law.justia.com/cases/california/court-of-appeal/2026/a171983.html
July 17, 2024Judge Tentatively Rules for NeighborsBefore this hearing, Judge Sheila Shah Lichtblau issues a tentative ruling that the EIR "fails to include feasible analysis of the reasonably foreseeable impacts of adding 93-118 residential units." The Ark: https://www.thearknewspaper.com/live/judge-tentatively-rules-tiburon-housing-site-review-broke-law
September 19, 2024Judge Sets Aside Rezoning and Site ListingThe order sets aside portions of the EIR, the rezoning and the site's inclusion in the state-approved housing element. The Ark: https://thearknewspaper.com/live/judge-confirms-ruling-that-tiburon-study-for-housing-site-broke-law
August 22, 2025Attorney General and HCD Back Town on AppealTheir amicus brief says the ruling "needlessly places the Town at risk of housing element decertification." The League of California Cities and the California State Association of Counties file a brief the same day. California Attorney General: https://www.hcd.ca.gov/sites/default/files/docs/planning-and-community/doj-tiburon-amicus-brief.pdf
February 2, 2026Court of Appeal Reverses Trial CourtThe court holds the program EIR adequate because "no housing project has been proposed for Site H," and sends two issues back to the trial court. Court of Appeal opinion: https://law.justia.com/cases/california/court-of-appeal/2026/a171983.html
April 29, 2026Supreme Court Denies ReviewThe California Supreme Court denies a petition for review in the case (S295708). Supreme Court of California: https://supreme.courts.ca.gov/sites/default/files/supremecourt/default/documents/conference%20results%20-%20042926%20-%20R.pdf

Decisions

DateBodyActionVoteStaff rec.Source
June 23, 2023Courtlawsuit filed
The Committee for Tiburon LLC v. Town of Tiburon, Marin County Superior Court No. CV0000086.
—UnknownCourt of Appeal opinion: https://law.justia.com/cases/california/court-of-appeal/2026/a171983.html
November 15, 2023City Councilapproved
First vote on the Site H rezoning and multifamily hillside design standards; Councilmember Isaac Nikfar abstained.
4–0, 1 abstainingUnknownThe Ark: https://thearknewspaper.com/live/tiburon-nears-adoption-of-controversial-property-rezoning
December 6, 2023City Councilapproved
Adopted the ordinance rezoning Site H.
—UnknownCourt of Appeal opinion: https://law.justia.com/cases/california/court-of-appeal/2026/a171983.html
September 19, 2024Courtruling issued
Set aside portions of the EIR, the Site H rezoning and the site's inclusion in the housing element.
—UnknownThe Ark: https://thearknewspaper.com/live/judge-confirms-ruling-that-tiburon-study-for-housing-site-broke-law
February 2, 2026Courtruling issued
Reversed the judgment and sent the CEQA exemption and general plan consistency questions back to the trial court.
—UnknownCourt of Appeal opinion: https://law.justia.com/cases/california/court-of-appeal/2026/a171983.html
April 29, 2026Courtruling issued
Petition for review denied (S295708).
—UnknownSupreme Court of California: https://supreme.courts.ca.gov/sites/default/files/supremecourt/default/documents/conference%20results%20-%20042926%20-%20R.pdf

Sources

  1. Neighbors are alarmed to find 82-unit Paradise Drive concept online, The Ark (Deirdre McCrohan), May 10, 2023 [News Article]. https://www.thearknewspaper.com/live/neighbors-are-alarmed-to-find-82-unit-paradise-drive-concept-online
  2. Residents sue Tiburon over Paradise Drive housing site, The Ark (Hemananthani Sivanandam), July 12, 2023 [News Article]. https://www.thearknewspaper.com/live/residents-sue-tiburon-over-paradise-drive-housing-site
  3. Tiburon nears adoption of controversial property rezoning, The Ark (Francisco Martinez), November 28, 2023 [News Article]. https://thearknewspaper.com/live/tiburon-nears-adoption-of-controversial-property-rezoning
  4. Judge tentatively rules Tiburon housing-site review broke law, The Ark (Francisco Martinez), July 24, 2024 [News Article]. https://www.thearknewspaper.com/live/judge-tentatively-rules-tiburon-housing-site-review-broke-law
  5. Judge confirms ruling that Tiburon study for housing site broke law, The Ark (Francisco Martinez), October 2, 2024 [News Article]. https://thearknewspaper.com/live/judge-confirms-ruling-that-tiburon-study-for-housing-site-broke-law
  6. Amici curiae brief of the League of California Cities and the California State Association of Counties, California State Association of Counties (Matthew D. Francois), August 22, 2025 [Court Filing]. https://www.counties.org/wp-content/uploads/2025/09/Town-of-Tiburon-v-Committee-for-Tiburon-Amicus-Brief-filed.pdf
  7. Amicus curiae brief of the California Attorney General and the California Department of Housing and Community Development, California Attorney General (John M. Natalizio and Nathaniel Hyman), August 22, 2025 [Court Filing]. https://www.hcd.ca.gov/sites/default/files/docs/planning-and-community/doj-tiburon-amicus-brief.pdf
  8. The Committee for Tiburon LLC v. Town of Tiburon (A171983), opinion, California Court of Appeal, First District (Justia), February 2, 2026 [Court Filing]. https://law.justia.com/cases/california/court-of-appeal/2026/a171983.html
  9. Citizen group loses challenge to Tiburon's environmental review of housing plan, Local News Matters (Bay City News) (Joe Dworetzky), February 5, 2026 [News Article]. https://localnewsmatters.org/2026/02/05/tiburon-housing-plan-environmental-review-appeal/
  10. Appeals court sides with Tiburon in Paradise Drive housing-element lawsuit, The Ark (Francisco Martinez), February 5, 2026 [News Article]. https://www.thearknewspaper.com/live/appeals-court-sides-with-tiburon-in-paradise-drive-housing-element-lawsuit
  11. Process Versus Production: First District Upholds Program EIR For Tiburon's General Plan/Housing Element Update, Holds Site-Specific Analysis Of Impacts Of Developing Identified RHNA Inventory Site Can Be Deferred Under CEQA Tiering Principles Until Specific Project Is Proposed, CEQA Developments (Miller Starr Regalia) (Arthur F. Coon), February 17, 2026 [Other]. https://www.ceqadevelopments.com/2026/02/17/process-versus-production-first-district-upholds-program-eir-for-tiburons-general-plan-housing-element-update-holds-site-specific-analysis-of-impacts-of-developing-identified-rhna-inv/
  12. Petition conference results, April 29, 2026, Supreme Court of California, April 29, 2026 [Court Filing]. https://supreme.courts.ca.gov/sites/default/files/supremecourt/default/documents/conference%20results%20-%20042926%20-%20R.pdf
  13. HCD Issues Guidance on New Housing Element Rezoning CEQA Exemption: Has CEQA Been Removed from the Housing Element Rezoning Process?, CEQA Developments (Miller Starr Regalia) (Miguel Mauricio), June 16, 2026 [Other]. https://www.ceqadevelopments.com/2026/06/16/hcd-issues-guidance-on-new-housing-element-rezoning-ceqa-exemption-has-ceqa-been-removed-from-the-housing-element-rezoning-process/
  14. Program EIR not required to assess site-specific impacts of potential future housing sites, Ashurst Perkins Coie (Marc Bruner and Deborah Quick), August 4, 2026 [Other]. https://www.ashurstperkinscoie.com/en/insights/program-eir-not-required-to-assess-site-specific-impacts-of-potential-future-housing-sites/
  15. Town of Tiburon v. The Committee for Tiburon (A171983), California State Association of Counties [Other]. https://www.counties.org/litigation-brief/town-of-tiburon-v-the-committee-for-tiburon-a171983/

Data quality

Rating 4 of 5. Primary records for the key facts; minor details may rest on reporting. Corrections: https://whokilledthebuilding.com/corrections.