Fairfax · Marin · Bay Area

School Street Plaza (95 Broadway)

Approved

95 Broadway, Fairfax, CA 94930

Project type
Mixed-Use
Units proposed
243
Date filed
November 12, 2024
Delay
12 months
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Mill Creek Residential proposed School Street Plaza at 95 Broadway in Fairfax, an existing commercial plaza of about two acres with two buildings and a parking lot, owned by School Street LLC. The plan is 243 apartments over 5,750 square feet of ground-floor commercial space in a six-story, 64-foot building that uses a density bonus height waiver. The town counts 41 apartments for low-income households at or below 80 percent of area median income; YIMBY Law and KQED report 49. Twelve existing rental units would be displaced. The site is Program 1-B in the housing element HCD certified on April 8, 2024, which plans for 175 units there by 2028. The developer filed an SB 330 preliminary application on November 12, 2024 and a full application on May 8, 2025. On June 5, 2025 the planning director ruled the project ineligible for ministerial review, citing the fire hazard zone and past tenants, and pointed it to design review. HCD warned on July 31, 2025 that skipping the ministerial process could lead to revocation of the town's housing element, and on September 8 the town reversed course. On October 16 it sent a letter citing 25 deficiencies and threatening denial; the developer's attorney replied that the project had already been approved by operation of law. A recall election over housing failed on November 4, 2025, with about 56 percent voting to keep Mayor Lisel Blash and Vice Mayor Stephanie Hellman, per KQED. On November 22, 2025 the town approved the project with conditions, deferring the remaining deficiencies to building permit review. The town says the project is eligible to apply for building permits.

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Timeline

February 1, 2023YIMBY Law Sues Fairfax Over Missed Housing Deadline

The town had published no draft housing element. YIMBY Law filed a dismissal on Sept. 18, 2023.

YIMBY Law
April 8, 2024State Certifies Fairfax Housing Element

School Street Plaza is Program 1-B, planned for 175 units by 2028.

HCD
November 12, 2024Developer Files SB 330 Preliminary Application

The preliminary application is deemed complete Dec. 4, 2024; the full application follows on May 8, 2025.

Town of Fairfax
June 5, 2025Town Rules Project Ineligible for Ministerial Review

The planning director cites the fire hazard zone and past tenants and points the project to design review.

Town of Fairfax
July 31, 2025HCD Warns Town Over Its Housing Element

HCD says skipping the ministerial process could lead to revocation of the town's housing element compliance.

Town of Fairfax
September 8, 2025Town Reverses, Will Review Project Ministerially

The town cites HCD's reading of the town code.

Town of Fairfax
October 16, 2025Town Cites 25 Deficiencies, Threatens Denial

The letter sets a Nov. 17 deadline. The developer's attorney replies on Oct. 20 that the project is already approved by operation of law.

Press Democrat
November 4, 2025Recall of Mayor and Vice Mayor Fails

About 56 percent vote to keep Lisel Blash and Stephanie Hellman.

KQED
November 22, 2025Town Approves Project With Conditions

Remaining deficiencies are deferred to building permit review.

Town of Fairfax
January 8, 2026Town Accepts Developer's Condition Clarifications

This resolves the developer's conditional appeal of the conditions; close-out awaits a $30,000 reimbursement.

Town of Fairfax

Who was involved

Supporting
California Department of Housing and Community Development
State of California
Warned that the town's housing element was at risk

Stephanie Reyes: "If the Town does not follow the steps in the memo, the Town will not be complying with its housing element"

YIMBY Law
YIMBY Law
Sued Fairfax over its housing element (2023); backed the project

Sonja Trauss (Aug. 19, 2025): "Should the Town fail to follow the law, YIMBY Law will not hesitate to file suit to ensure that the law is enforced."

Mill Creek Residential
Mill Creek Residential (Mike Kim); owner School Street LLC
Developer

Maintains that the project was approved by operation of law when the town missed its deadline to act.

Riley Hurd
Ragghianti Freitas
Attorney for the applicant

"Nothing has changed: this project remains approved by operation of law."

Opposing
Candace Neal-Ricker
Recall leader

"So it's a complete sellout to the developers, 100%." Also: "Council members are not gods."

Frank Egger
Fairfax Town Council
Council member

"Obviously, it was a ploy to help stop the recall, by saying it was rejected."

Deciding
Jeffrey Beiswenger
Town of Fairfax
Planning and building services director

Ruled the project ineligible for ministerial review (June 5, 2025), reversed after HCD's warning (Sept. 8) and approved it with conditions (Nov. 22). "The November 14 submittal addressed some, but not all, project deficiencies."

Neutral
Stephanie Hellman
Fairfax Town Council
Vice mayor; kept her seat in the Nov. 4, 2025 recall

"The risk of the unthinkable Builder's Remedy is very high should we lose our housing element certification."

Lisel Blash
Town of Fairfax
Mayor; kept her seat in the Nov. 4, 2025 recall

"Because this is a ministerial process, the project is being reviewed by staff according to a checklist of objective standards."

How it was obstructed

Invoked by Town of Fairfax planning director · June 5, 2025

Declared the project ineligible for ministerial review and pointed it to discretionary design review; reversed on Sept. 8, 2025 after HCD intervened.

Obstruction failedAdded 3 months of delay
Invoked by Town of Fairfax · October 16, 2025

The deficiency letter challenged the density bonus waivers, including height. The project was approved at 64 feet.

Obstruction failed
Invoked by Town of Fairfax · November 22, 2025

The approval attached CEQA mitigation measures; the developer argued the project is not subject to CEQA. The town's Jan. 8, 2026 clarifications resolved the dispute.

Obstruction failed

Decisions

Each row is a dated action by a deciding body, taken from the minutes, agenda packet, video, or ruling linked in the source column.

DateBodyActionVoteStaff recommendationSource
November 22, 2025Staffapproved
Approved the project with conditions under the ministerial process; remaining deficiencies deferred to building permit review.
—NoneTown of Fairfax

Sources

HCD letter certifying the Fairfax housing element
California Department of Housing and Community Development2024