Earlier today, on November 22, 2025, the Town of Fairfax issued a response letter to the applicant regarding the proposed 95 Broadway mixed-use project. The correspondence follows updated application materials submitted on November 14, 2025.
The Town’s response provides a conditional approval for the project, listing pages of conditions that the developer will need to meet in order to obtain building permits. Among the conditions are approval through the Fire Department, Sewer and Water Districts, regional and state agencies.
The Town is obligated to comply with state law. To provide input to your lawmakers at the State level: Find Your California Representatives and Contact the Governor | Governor of California.
There is significant risk in denying a housing project in California. The California Department of Housing and Community Development and the California Attorney General’s office have the opportunity to file litigation, and have filed litigation in other jurisdictions, challenging denials of housing development projects. Additionally, Public interest housing-advocate groups can join or bring parallel lawsuits when a housing project is denied. Even if the applicant settles with a city, the State can continue the litigation. Furthermore, the applicant, the State, and the housing-advocate groups can all claim extensive attorney’s fees and costs (including expert-witness and consulting fees). Fees and costs are frequently awarded even if they prevail on only one claim out of several. The cost to cities can be staggering.
Left with no alternative, the Town reluctantly provided the conditional approval, with pages of conditions of approval on the project. A letter notifying the applicant of the Town’s approval, along with a list of all required conditions for the approval to be effective, was sent to the applicant on November 22, 2025. A copy of the letter, with the conditions of approval, is available online.
Stay Engaged
Residents are encouraged to continue submitting comments to 95broadway@townoffairfax.org.
For more information and updates, please visit the Town’s 95 Broadway Project page.