The Committee for Tiburon LLC v. Town of Tiburon

Discussion. All statutory references are to the Public Resources Code, unless otherwise indicated. We will cite and refer to CEQA’s implementing regulations, codified at title 14, division 6, chapter 3 of the California Code of Regulations, as the “Guidelines.” The CEQA Guidelines are given “great weight in interpreting CEQA, except where they are clearly unauthorized or erroneous.” (Center for Biological Diversity v. Department of Fish & Wildlife (2015) 62 Cal.4th 204, 217, fn. 4) 1 on its failure to analyze the specific environmental impacts of developing housing on “Site H,” one of 17 sites identified in the general plan’s housing element that would accommodate the Town’s projected regional housing needs of 639 units plus a buffer of 277 units (916 total units). Even though the Town is not legally obligated to build housing on any of the 17 sites, and even though no housing project has been proposed for Site H, the trial court agreed with the Committee and granted its petition. The question presented is this: If a local government is updating its general plan and housing element site inventory, and no specific housing project has been proposed for a listed site, must the…