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.
Staff
| Date | Event | What the record shows |
|---|---|---|
| February 1, 2023 | YIMBY 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: https://www.yimbylaw.org/fairfax-housing-element |
| April 8, 2024 | State Certifies Fairfax Housing Element | School Street Plaza is Program 1-B, planned for 175 units by 2028. HCD: https://storage.googleapis.com/proudcity/fairfaxca/2024/04/HCD-Certifies-Fairfax-Housing-Element-Letter.pdf |
| November 12, 2024 | Developer 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: https://townoffairfaxca.gov/school-street-project-95-broadway/ |
| June 5, 2025 | Town 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: https://storage.googleapis.com/proudcity/fairfaxca/2025/09/1-95-Broadway-Town-letter-re-ministerial-process-June-5-2025_signed.pdf |
| July 31, 2025 | HCD 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: https://storage.googleapis.com/proudcity/fairfaxca/2025/09/4-95-Broadway-City-letter_ministerial-process-clarification-with-exhibits_9-8-25.pdf |
| September 8, 2025 | Town Reverses, Will Review Project Ministerially | The town cites HCD's reading of the town code. Town of Fairfax: https://storage.googleapis.com/proudcity/fairfaxca/2025/09/4-95-Broadway-City-letter_ministerial-process-clarification-with-exhibits_9-8-25.pdf |
| October 16, 2025 | Town 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: https://www.pressdemocrat.com/2025/11/25/fairfax-conditionally-approves-243-apartment-project/ |
| November 4, 2025 | Recall of Mayor and Vice Mayor Fails | About 56 percent vote to keep Lisel Blash and Stephanie Hellman. KQED: https://www.kqed.org/news/12064168/fairfax-votes-no-in-recall-election-about-housing |
| November 22, 2025 | Town Approves Project With Conditions | Remaining deficiencies are deferred to building permit review. Town of Fairfax: https://storage.googleapis.com/proudcity/fairfaxca/2025/11/b7ef27e6-0-fairfax-95-broadway-approval-letter-with-conditions-and-mitigation-measures-11-22-25.pdf |
| January 8, 2026 | Town 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: https://storage.googleapis.com/proudcity/fairfaxca/2026/01/18cb3ffc-8-95-broadway-response-to-hk-letter-regarding-conditions_jan.8.2026.pdf |
| Date | Body | Action | Vote | Staff rec. | Source |
|---|---|---|---|---|---|
| November 22, 2025 | Staff | approved | — | None | Town of Fairfax: https://storage.googleapis.com/proudcity/fairfaxca/2025/11/b7ef27e6-0-fairfax-95-broadway-approval-letter-with-conditions-and-mitigation-measures-11-22-25.pdf |
Rating 4 of 5. Primary records for the key facts; minor details may rest on reporting. Corrections: https://whokilledthebuilding.com/corrections.