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243 Apartments in Fairfax? Why the Town Just Hit Pause



On June 10th, 2025 Fairfax Town Manager and Planning Director have officially marked the 243-unit, six‑story Modera Fairfax proposal for the School Street Plaza site (95 Broadway) as incomplete, denying it ministerial approval .


An architectural rendering submitted on May 5, 2025, depicts the proposed Modera Fairfax project—a six-story, 243-unit apartment complex planned for the current School Street Plaza site at 95 Broadway in Fairfax, Marin County.  (Rendering by Stackhouse de la Peña Trachtenberg Architects, via the Town of Fairfax)
An architectural rendering submitted on May 5, 2025, depicts the proposed Modera Fairfax project—a six-story, 243-unit apartment complex planned for the current School Street Plaza site at 95 Broadway in Fairfax, Marin County.  (Rendering by Stackhouse de la Peña Trachtenberg Architects, via the Town of Fairfax)


What’s Going On?


  • The project: 243 apartments (202 market-rate, 41 low-income), plus ~5,750 sq ft of retail space above a two-level parking garage with 322 spots.


  • Town’s response: On June 4, the planning director sent a detailed letter pointing out numerous missing application items, and a follow-up affirmed it wasn't eligible for streamlining.


  • Developer’s stance: Mill Creek Residential (backed by attorney Riley Hurd) claims the project qualifies for ministerial review—meaning automatic approval under objective standards, with no hearings or CEQA review. They’ve threatened legal action, pointing to possible penalties and loss of housing element certification.


  • Community pushback: Former Council member Lew Tremaine appealed and then sued, arguing the project doesn’t meet requirements like flood-safe construction standards and density eligibility under state housing laws Legal motions and injunctions are ongoing; hearings in Marin Superior Court are underway.


Why It Matters to Fairfax


This isn’t just another development—it’s the largest housing proposal in decades for a town of ~7,600 residents. It could significantly affect:


  • Town character & density: A six‑story building is much taller than most existing structures.


  • Traffic & safety: Concerns about congestion, wildfire evacuation routes, and increased usage of our unique one-way-in/out geography.


  • Affordable housing goals: With 25% of units low-income, it aligns with Fairfax’s housing element mandate—but how far should we go in one go?


  • Local control vs. state mandates: This is a test case of how much state law (like SB 35, Density Bonus, WHO zoning provisions) overrides local review and design standards.



Ok.. so what now? Town staff and council haven’t held public hearings yet. Legal proceedings could drag on for weeks or months. If the town fails to win legally, full ministerial approval might proceed—potentially triggering litigation and state penalties.


Fairfax, We Want to Hear From You!


This is a big deal for our town—physically, socially, and politically. What do you think?


  • Is pushing the brakes on the application beneficial, or is this delaying much-needed housing?

  • Should Fairfax accept taller, denser development to meet state mandates—even if it changes our town aesthetic?

  • How do you feel about the balance between affordable units, traffic impact, and environmental review?


👇 Join the conversation: Share your thoughts in the comments or attend the upcoming Planning Commission meetings. Do you think this is good or bad for Fairfax?



 
 
 

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