Trustee's SB9 duplex fight heads to closed-session litigation review

At 800 Corte Madera Avenue, trustee Victor Chiang sought an SB9 urban lot split and a two-unit development to add a duplex behind the existing house. The Town's Community Development Director denied both applications in March 2026, and Chiang has since sued the Town in Marin County Superior Court (Case No. CV0009363).

“Neither the trust nor the trustee resides on the property. Accordingly, under the reasoning of HCD's technical advice to Orinda, the trustee is not eligible to apply for the lot split...”— Amy Lyle, Community Development Director

A Town Manager review of the record kept the bottom line the same even after tossing out two of the original rationales. The lot-split denial stands because the trust has not supplied an owner-occupancy affidavit required under state law, and the two-unit development denial stands because its driveway depends on an unresolved 'paper street,' Alta Way, off Alta Terrace.

The fight has drawn in outside players: the state's housing department told the Town that property held in trust isn't automatically disqualified from SB9 review, while Chiang's attorney, Todd Williams, argues the applications were 'deemed approved by operation of law on February 17, 2026.' A hired surveyor separately flagged a recorded deed restriction and boundary problems, and Central Marin Fire Department called the site plans incomplete, saying a hydrant needs to move closer to the proposed new unit.

The Council meets in closed session Tuesday, Oct. 20, at 5:30 p.m. for legal advice on the suit and related exposure; no public vote is expected to come out of that session.

Baltimore Avenue rezoning advances to fix boundary dispute

The Council is set to give final adoption to Ordinance No. 1062, reclassifying 125 Baltimore Avenue from R-1 Medium-Density Residential to R-2 Low-Density Multiple Dwelling. The change brings an existing, legally nonconforming two-unit home into conformance with the Town's General Plan and zoning code.

The rezoning follows a companion General Plan Amendment the Council approved 5-0 on October 6, when it also introduced the ordinance by the same margin; staff is recommending adoption Tuesday without further changes.

The vote is more than paperwork. It's a precursor step toward a future lot line adjustment needed to resolve a boundary discrepancy with the neighboring property at 7 Willow Avenue, where part of that home was built across the shared property line. No further public hearing is scheduled before adoption.

Town redeclares flooding emergency as king tides persist

The Council is set to adopt Resolution No. 45/2026, proclaiming a local emergency over severe coastal flooding from king tide events that began in January 2026 and have continued through the year. It's the second time this year the Town has gone this route — an earlier emergency proclamation was issued, then terminated, before conditions worsened again.

Right after the Council meeting, the Sanitary District No. 2 Board takes up a mirrored emergency resolution, citing the same flooding's impact on sewer infrastructure and the need to preserve eligibility for state and federal disaster reimbursement. The District is separately moving to expand a design contract to $643,014 to combine two phases of its Paradise Bypass Force Main project into one 8,800-foot pipeline job.

The Council will also receive a Flood Preparedness Report from the Director of Public Works, and residents get a chance to engage directly at the Town's Flood Preparedness Fair, set for Saturday, Oct. 24, 11 a.m. to 3 p.m., at The Cove School.