The Wall property is a roughly 100-acre hillside parcel above Marinda Drive in northeastern Fairfax. The town has designated it as proposed open space in its General Plan for 20 years, and its zoning allows one home per ten acres. Timberstone LLC, which Mill Valley developer Marshal Rothman formed to develop the land, bought it in 2013 and proposed Marinda Heights, a subdivision of ten lots of 10 acres or more with one house on each. The State Clearinghouse received the town's notice of preparation for an environmental impact report on August 12, 2019. Rothman says the review was too broad and too expensive, and that after he refused to pay hundreds of thousands of dollars more for it, the town deemed his permit expired. In January 2023, days before Fairfax missed the January 31 housing element deadline, he submitted plans to use the builder's remedy for 25 units: the ten homes plus a stand-alone 15-unit condominium complex (KQED described the preliminary application as ten single-family homes). In a March 13, 2023 letter, Town Attorney Janet Coleson said the SB 330 preliminary application would be deemed submitted only when the town received a $50,000 deposit and a signed reimbursement and indemnity agreement, and Mayor Chance Cutrano said the fees include a legal review. Rothman told KQED he wanted to sue over the fee but feared the cost, and YIMBY Law founder Sonja Trauss was helping him develop a lawsuit. On May 19, 2023 his attorney, Ellis Raskin of Hanson Bridgett, wrote that Rothman would sue for damages if the town did not process the application; no lawsuit was reported. By late May, Timberstone had filed for Chapter 11 bankruptcy to stay a foreclosure sale, and court documents attributed its loan default to its inability to secure approvals from the town, the North Bay Business Journal reported. The town said no application had been submitted. In November 2023 the Marin Open Space Trust signed an agreement to buy the property, for $2.3 million according to the San Anselmo Open Space Committee. HCD certified Fairfax's housing element on April 8, 2024. The State Coastal Conservancy gave the town $500,000 toward the purchase, and a $2.9 million fundraising goal was met in August 2024. The town closed escrow on September 30, 2024, and the land is now public open space.
Staff
| Date | Event | What the record shows |
|---|---|---|
| August 12, 2019 | Town Starts EIR for Ten-Lot Subdivision | The State Clearinghouse receives the notice of preparation for Marinda Heights: ten lots of 10 acres or more, with one house on each. CEQAnet: https://ceqanet.lci.ca.gov/2019080201/2 |
| January 27, 2023 | Developer Plans 25-Unit Builder's Remedy Project | Days before the housing element deadline, Rothman says he has submitted plans for 25 units. The interim planning director says the town will process the application quickly once the submission is finished. The San Francisco Standard: https://sfstandard.com/housing-development/developers-ready-to-pounce-as-bay-area-cities-fall-behind-on-housing-deadline/ |
| March 13, 2023 | Town Requires $50,000 Deposit Before Application Counts | Town Attorney Janet Coleson writes that the application "will be deemed submitted on the date the town receives the required fees and executed reimbursement and indemnity agreement." North Bay Business Journal: https://www.northbaybusinessjournal.com/article/article/mill-valley-developer-seeks-builders-remedy-project-in-fairfax/ |
| April 6, 2023 | Mayor Defends Fee, Developer Weighs Suit | Mayor Chance Cutrano says the fees include a legal review. YIMBY Law founder Sonja Trauss is helping Rothman develop a lawsuit. KQED: https://www.kqed.org/news/11945744/california-building-boom-a-new-law-promised-big-but-has-yet-to-deliver-in-the-bay-area |
| May 19, 2023 | Developer's Attorney Threatens Damages Suit | Ellis Raskin of Hanson Bridgett writes that "we intend to file an action in the Superior Court to recover damages" if the town does not process the application. North Bay Business Journal: https://www.northbaybusinessjournal.com/article/article/mill-valley-developer-seeks-builders-remedy-project-in-fairfax/ |
| May 31, 2023 | Owner in Chapter 11, Town Says No Application Submitted | Timberstone has filed for bankruptcy to stay a foreclosure sale of the land. Town Manager Heather Abrams: "To date, no application has been submitted." North Bay Business Journal: https://www.northbaybusinessjournal.com/article/article/mill-valley-developer-seeks-builders-remedy-project-in-fairfax/ |
| September 26, 2023 | Council Moves Toward Open Space Purchase | A council subcommittee of Chance Cutrano and Barbara Coler is assigned to work with the Marin Open Space Trust on a possible purchase. The trust signs an agreement with the owners in November 2023. Town of Fairfax: https://townoffairfax.org/wall-property-project |
| April 8, 2024 | State Certifies Fairfax Housing Element | HCD finds the element adopted Dec. 13, 2023 in substantial compliance. HCD: https://storage.googleapis.com/proudcity/fairfaxca/2024/04/HCD-Certifies-Fairfax-Housing-Element-Letter.pdf |
| June 6, 2024 | State Conservancy Funds Purchase | A notice of exemption records $500,000 from the Coastal Conservancy for the town to acquire the property. CEQAnet: https://ceqanet.lci.ca.gov/2024060187 |
| September 30, 2024 | Town Takes Title to Wall Property | The town closes escrow and becomes owner of the 100-acre property, which it is preserving as open space. Town of Fairfax: https://townoffairfax.org/event/open-space-acquisition-ribbon-cutting |
| Date | Body | Action | Vote | Staff rec. | Source |
|---|---|---|---|---|---|
| March 13, 2023 | Staff | deemed application incomplete | — | Unknown | North Bay Business Journal: https://www.northbaybusinessjournal.com/article/article/mill-valley-developer-seeks-builders-remedy-project-in-fairfax/ |
Rating 3 of 5. Multiple sources, including at least one primary record. Corrections: https://whokilledthebuilding.com/corrections.