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Town of Fairfax

Fairfax Town Council discussion of downtown rezoning and redevelopment

The Fairfax Women's Club
46 Park Road
Fairfax, California
September 7, 2016
6:30 PM PT

The Fairfax Town Council meets this Wednesday, Sept 7, 2016 at the Women's Club on Park Road for a discussion on downtown rezoning to rezone the current Central Commercial (CC) Zone uses, and to rezone all Highway Commercial (CH) zones into the new Central Commercial Zone for the up-and-coming downtown redevelopment to implement Fairfax's housing element. See item #13 on the Agenda.

The 50-page report is on the Fairfax website under Government, Town Council, Agenda and Packet. On the Agenda, click on the link at the start of item #13 to get the 50-page staff report, or CLICK HERE to view.

The 50-page staff report says the town decided to restart zoning discussions but neglects to say a town-wide referendum with 1000 voter signatures challenging the rezoning stopped the 2014 rezoning.

The thrust is to add 57 living units with by-right zoning along the commercial portion of SF Drake and Center Blvd. corridors. If all of the development applications meet a minimum of 2 units of low income housing, the State Density Bonus Law goes into effect and it overrides Fairfax's 2-story height limit (4 stories could be the norm for new downtown development).

The report says the town studied 20 units per acre but the new plan limits it to 4.5 units per acre. There has never been a set residential density in any of the commercial zones. The 4.5 units per acre is a teaser. The current town code says the Planning Commission will set the density after public hearings.

The report says there are 23.25 acres in the newly combined Central and Highway Commercial zones.

23.25 X 4.5=104 units. For the new 57 units, add a 35% increase if a minimum of low income units are included and the 57 becomes 76.

The report says there are 40-50 units in the current CC zone and staff is studying how many current residential units are in the current CH zone. The combination of the two zones may already be 104 units.

Traffic impacts: staff says traffic from 4.5 units per acre will be much lower than the 20 units per acre. Since there never were 20 units per acre in the commercial zone, this is bogus.

Parking: if new units are small, no additional residential parking will be required.

Offices replacing shops: current CC zoning does not allow offices on the 1st floor without a Conditional Use Permit. If the Town can't enforce the current CC zoning, how can it possibly enforce it in 2½ times the area? Casa Manana's lease was not renewed and it was, in effect, forced out of Fairfax Square by a healthcare/chiropractic office willing to pay higher rent for front office space. The healthcare/chiropractic office use on the sides and rear of the 1st floor will become legal with the new CC zone, and that business is already occupying a portion of the front of the Fairfax Square building.

Fairfax depends on sales taxes and to allow sales tax-generating businesses to be replaced by non-sales tax producers does not help town revenues.

Certain uses will no longer be allowed as a principal permitted use. Good Earth Natural Foods, Fairfax Market and auto repair places. They will need Conditional Use Permits to expand or rebuild. Gas stations and car washes will no longer be allowed, period. Outside lumber sales will not be allowed (what does that portend?).

Staff says existing businesses can remain and if a disaster should strike, like a fire, they can rebuild within one year with a Conditional Use Permit. Cole Hardware on Mission Street in San Francisco recently burned down and the owner says settling with the insurance company alone will take over one year and probably 3 years to go through the application process.

How much new housing is coming to Fairfax? 40 units plus 14 units as a density bonus at the former Lutheran Church property, 40 to 52 units with density bonus at the Oak Manor 7-11 shopping center (was rezoned for mixed use housing of 30 units per acre by the Marin County Board of Supervisors), 22 to 29 units with density bonus at 10 Olema, from 9 to 58 units at School Street Plaza (Town says 9, owner wants 58) and from 57 to 76 new units downtown. 168 units without density bonuses and 269 units with owners’ needs and density bonuses. It's tough getting in and out of Fairfax now without adding so many more new units.


Tell the Town Council if it's not broke, don't mess with it. We don't want downtown redevelopment.


Organization: Save Fairfax

Contact Email:

Website: http://www.town-of-fairfax.org/packets_2016/council_packet.html