Closed-session fight brews over SB9 split on Corte Madera Avenue

Tonight the Town Council goes behind closed doors to weigh its legal strategy in Chiang v. Town of Corte Madera, the lawsuit over the Town's denial of SB9 Urban Lot Split and Two-Unit Development applications at 800 Corte Madera Avenue. The case, filed in Marin County Superior Court, turns on whether a revocable trust can meet SB9's owner-occupancy affidavit requirement and whether a new parcel can be accessed over the unimproved 'paper street' portion of Alta Way.

“these trustees/trustors/beneficiaries who reside and will reside at the Property wish to protect their privacy... These reasons include but are not limited to threats of violence made against the residents of 800 Corte Madera Avenue made during the processing of the driveway application and of which the Town is aware.”— Todd Williams, attorney for the Corte Madera Property Trust

Community Development Director Amy Lyle's March 9 denial letter found the trust itself couldn't qualify: "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." But state housing regulators pushed back — an HCD technical assistance memo concluded trust ownership doesn't categorically disqualify a property from SB9 eligibility. Town Manager Adam Wolff's March 27 review of the record then walked a middle line, affirming the underlying denial while indicating the Town would approve the lot split itself if the applicant can satisfy the state's affidavit guidance — though not the driveway access the applicant has proposed.

The Town's own surveying consultant flagged additional problems with the project: a deed restriction limiting development on the lot, an unresolved right-of-way status for Alta Way, missing easement paperwork, and boundary-calculation errors on the tentative parcel map, plus a finding from Central Marin Fire that the plans lack adequate hydrant coverage. The applicant's attorney, Todd Williams, disputes that the Town has any grounds left to block the project at all, arguing in a March 25 letter that "the SB 9 Applications were deemed approved by operation of law on February 17, 2026."

Williams has also asked the Town to shield the identity of whichever trust beneficiary signs the required residency affidavit, citing safety concerns tied to the long-running dispute over driveway access. No public vote is expected tonight; the Council will report out any action when it reconvenes in open session.