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Who Killed the Building? · Case brief · October 22, 2026

School Street Plaza (95 Broadway)

Fairfax · Marin County · California · https://whokilledthebuilding.com/projects/fairfax-school-street-plaza-2024

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.

Project facts

JurisdictionFairfax, Marin County
StatusApproved
Project typeMixed-Use
Address95 Broadway, Fairfax, CA 94930
Units proposed243
Affordable units41
Floors6
Date filedNovember 12, 2024
Date approvedNovember 22, 2025
Delay12 months
Housing elementIn compliance (HCD)

Mechanism and what it did

Decision-making bodies

Staff

Timeline

DateEventWhat the record shows
February 1, 2023YIMBY Law Sues Fairfax Over Missed Housing DeadlineThe 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, 2024State Certifies Fairfax Housing ElementSchool 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, 2024Developer Files SB 330 Preliminary ApplicationThe 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, 2025Town Rules Project Ineligible for Ministerial ReviewThe 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, 2025HCD Warns Town Over Its Housing ElementHCD 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, 2025Town Reverses, Will Review Project MinisteriallyThe 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, 2025Town Cites 25 Deficiencies, Threatens DenialThe 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, 2025Recall of Mayor and Vice Mayor FailsAbout 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, 2025Town Approves Project With ConditionsRemaining 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, 2026Town Accepts Developer's Condition ClarificationsThis 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

Decisions

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

Sources

  1. HCD letter certifying the Fairfax housing element, California Department of Housing and Community Development (Melinda Coy), April 8, 2024 [Planning Document]. https://storage.googleapis.com/proudcity/fairfaxca/2024/04/HCD-Certifies-Fairfax-Housing-Element-Letter.pdf
  2. Town letter regarding ministerial process, June 5, 2025, Town of Fairfax, June 5, 2025 [Planning Document]. https://storage.googleapis.com/proudcity/fairfaxca/2025/09/1-95-Broadway-Town-letter-re-ministerial-process-June-5-2025_signed.pdf
  3. YIMBY Law letter of support, 95 Broadway, YIMBY Law (Sonja Trauss), August 19, 2025 [Other]. https://storage.googleapis.com/proudcity/fairfaxca/2025/08/08.19.2025-YIMBY-Law-Letter-of-Support-95-Broadway.pdf
  4. Ministerial process clarification letter with HCD email exhibit, Town of Fairfax (Jeffrey Beiswenger), September 8, 2025 [Planning Document]. https://storage.googleapis.com/proudcity/fairfaxca/2025/09/4-95-Broadway-City-letter_ministerial-process-clarification-with-exhibits_9-8-25.pdf
  5. Fairfax Votes 'No' In Recall Election About Housing, KQED (Ericka Cruz Guevarra, Izzy Bloom, Jessica Kariisa and Alan Montecillo), November 17, 2025 [News Article]. https://www.kqed.org/news/12064168/fairfax-votes-no-in-recall-election-about-housing
  6. Approval with conditions letter, 95 Broadway, Town of Fairfax (Jeffrey Beiswenger), November 22, 2025 [Planning Document]. https://storage.googleapis.com/proudcity/fairfaxca/2025/11/b7ef27e6-0-fairfax-95-broadway-approval-letter-with-conditions-and-mitigation-measures-11-22-25.pdf
  7. Fairfax conditionally approves 243-apartment project, Press Democrat (Richard Halstead), November 25, 2025 [News Article]. https://www.pressdemocrat.com/2025/11/25/fairfax-conditionally-approves-243-apartment-project/
  8. Letter from applicant attorney regarding conditions of approval, Town of Fairfax, November 25, 2025 [Planning Document]. https://storage.googleapis.com/proudcity/fairfaxca/2025/11/03925eee-95-broadway-letter-from-applicant-attorney-regarding-project-coas.pdf
  9. Town response regarding conditions, Jan. 8, 2026, Town of Fairfax, January 8, 2026 [Planning Document]. https://storage.googleapis.com/proudcity/fairfaxca/2026/01/18cb3ffc-8-95-broadway-response-to-hk-letter-regarding-conditions_jan.8.2026.pdf
  10. School Street Plaza, 95 Broadway project narrative, Town of Fairfax [Planning Document]. https://storage.googleapis.com/proudcity/fairfaxca/2025/05/1-School-Street-Plaza-95-Broadway-Narrative.pdf
  11. Fairfax housing element lawsuit, YIMBY Law [Other]. https://www.yimbylaw.org/fairfax-housing-element
  12. School Street Project - 95 Broadway, Town of Fairfax [Planning Document]. https://townoffairfaxca.gov/school-street-project-95-broadway/

Data quality

Rating 4 of 5. Primary records for the key facts; minor details may rest on reporting. Corrections: https://whokilledthebuilding.com/corrections.