95 Broadway, Fairfax, CA 94930
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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The town had published no draft housing element. YIMBY Law filed a dismissal on Sept. 18, 2023.
YIMBY LawSchool Street Plaza is Program 1-B, planned for 175 units by 2028.
HCDThe preliminary application is deemed complete Dec. 4, 2024; the full application follows on May 8, 2025.
Town of FairfaxThe planning director cites the fire hazard zone and past tenants and points the project to design review.
Town of FairfaxHCD says skipping the ministerial process could lead to revocation of the town's housing element compliance.
Town of FairfaxThe town cites HCD's reading of the town code.
Town of FairfaxThe 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 DemocratAbout 56 percent vote to keep Lisel Blash and Stephanie Hellman.
KQEDRemaining deficiencies are deferred to building permit review.
Town of FairfaxThis resolves the developer's conditional appeal of the conditions; close-out awaits a $30,000 reimbursement.
Town of FairfaxStephanie Reyes: "If the Town does not follow the steps in the memo, the Town will not be complying with its housing element"
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."
Maintains that the project was approved by operation of law when the town missed its deadline to act.
"Nothing has changed: this project remains approved by operation of law."
"So it's a complete sellout to the developers, 100%." Also: "Council members are not gods."
"Obviously, it was a ploy to help stop the recall, by saying it was rejected."
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."
"The risk of the unthinkable Builder's Remedy is very high should we lose our housing element certification."
"Because this is a ministerial process, the project is being reviewed by staff according to a checklist of objective standards."
Declared the project ineligible for ministerial review and pointed it to discretionary design review; reversed on Sept. 8, 2025 after HCD intervened.
The deficiency letter challenged the density bonus waivers, including height. The project was approved at 64 feet.
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.
Each row is a dated action by a deciding body, taken from the minutes, agenda packet, video, or ruling linked in the source column.
| Date | Body | Action | Vote | Staff recommendation | Source |
|---|---|---|---|---|---|
| November 22, 2025 | Staff | approved Approved the project with conditions under the ministerial process; remaining deficiencies deferred to building permit review. | — | None | Town of Fairfax |