March 1, 2023 Update – Auction Delayed

From a neighbor – this is all I know, but it sounds like the auction will apparently not happen tomorrow.

“The wall property auction was originally scheduled for tomorrow. I called the posted number today and they said it has been postponed because the borrower has declared bankruptcy. Next planned auction date is March 23rd.
I called the auctioner and they explained that it was delayed because the borrower is now in bankruptcy. She didn’t have more details, that was just listed as the reason it was postponed from tomorrow. She said the act of going into bankruptcy puts a freeze on all legal proceedings like this one, and the lender would have to get some injunction from a court to release this property from the bankruptcy proceedings.”
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February 2023 Update

Update, 2/26:

The auction of the property is currently listed on the MK Consultants website as taking place Thursday 3/2/2023 at 9:30am in San Rafael, outside at the southwest corner of City Hall. I don’t have information on how the auction works, but as of today it is scheduled to happen. I’ve notified members of the Town Council and Fairfax Open Space.
Click on week of 2/27. Property is listed under Marinda Drive & Ridgeway Avenue.
After a period of relative quiet, there are some updates on the Wall Property.  I’ve been talking with several organizations as well as Marshal Rothman, and here is what I’ve gathered from conversations with a number of people.  

Current Status per Fairfax Planning:
  • The past application submitted for 10 units has expired
  • There is an application that was submitted for one unit 
  • This month, there was a proposal submitted for 25 units – a 15 unit affordable housing complex plus the 10 original units.  This would be a ‘builder’s remedy’ solution that allows the builder to circumvent zoning requirements if a certain percentage of units are designated as affordable housing.  It does NOT allow the builder to circumvent environmental requirements.

Any proposal for development would have to go through the CEQA / EIR process which would cost $600,000-$1,000,000 and at least a year to complete, regardless of the ‘builder’s remedy’.  

There is a notice that was posted on the property about default and auction for the property.  Per Mr. Rothman, he has already taken steps to prevent this; we aren’t sure of the actual status.  But if the auction happens, it will be in San Rafael, currently scheduled for 3/2/23 at 9:30am at the front entrance to City Hall.  Below is an image of the notices that were posted on the property on February 2, 2023.  

Since all of this has happened, I’ve contacted Fairfax Open Space (who is in contact with Marin Open Space Trust), Trust for Public Land, and the Fairfax Town Council. All are aware of the situation and maintain that preserving this land is a priority. It all comes down to money. If we can find funding – whether it’s through private philanthropists, an organization, crowdsourcing, or another mechanism – we can preserve this land. If we can’t, a developer will likely eventually figure out a way to build. If anyone knows of someone who could assist with a fundraising campaign, or other volunteer resources that could help, it would be appreciated.

We’re keeping an eye on the situation and will try to post updates here when there is news. Thanks for your patience.
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Marinda Heights Environmental Impact Review Discussion – June 3, 2020 Town Council Meeting

The next step in the development process is for the Marinda Heights project to undergo an EIR, or Environmental Impact Report.
Bids for completing this report were reviewed by the town and a preferred vendor was selected and agreed to by the developer.
The EIR report process will likely take ~1 year, after which there will be additional hearings about the development.  So, there is still a long way to go.  However, the further we go down this road the less likely it is that we will be able to find a way to fund the preservation of this area.  Anyone with ideas or leads on how to find funding to avoid development of this area, please contact me.  (
On Wednesday night, this will be discussed at the Town Council meeting.   Please feel free to join and comment.   Meeting information below.

Wednesday, June 3, 2020, at 7:00 pm


Cable TV Channels 27 and 99

(Following text is from an email from the Town of Fairfax)
The applicant has indicated he is ready to proceed with the Environmental Impact Report (EIR) for the project. As a result, the consideration of the contract for the EIR consultant is scheduled for the June 3rd Town Council meeting.
To receive Council email agenda updates, please go to and click the “subscribe” (sign up) button.
To receive email updates regarding the Marinda Heights project, please go the Town major projects webpage at and sign up.
Notice of any Council agenda item regarding Marinda Heights will also be available at
Ben Berto
Director of Planning & Building Services


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Sign up for updates on the town website

The site you are on is run by volunteers.  We do our best to post new and relevant information when we get it, but we don’t always get it right away. Official project updates from the town and developer (including the most recent maps) are kept on the Town of Fairfax Planning and Building Department website located here:

To receive the ‘official’ updates from the Town of Fairfax, sign up for their email list here:


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Marinda Heights application deemed ‘complete’; next step: Environmental Impact Review (EIR)

The Town of Fairfax has deemed the Marinda Heights proposal as ‘complete’.  What does this mean?  It means that the application has all of the necessary ingredients to move forward for evaluation, specifically on to an Environmental Impact Review (EIR).  It DOES NOT constitute an approval or denial of the application.

The town will issue a RFP to solicit environmental firms to conduct the EIR.  During or after the EIR, additional information will be requested and residents will be able to provide feedback before the project progresses to the next step.

Read the official letter here: 

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UPDATE: May 2 Fairfax Town Council Meeting

Update:  Ben Berto has recommended that Rothman not attend tonight’s meeting, so Rothman has instead supplied a letter with his input to the commissioners.  The topic will still be discussed, so please feel free to attend and voice your opinion on the subject!

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Wed May 2 Fairfax Town Council discussion on square footage – Marshal Rothman to attend and speak

Apologies for the short notice, but I received word that there will be a discussion of zoning guidelines for square footage at tonight’s Town Council meeting (Wed, May 2 – info at bottom of this message), and that Marshal Rothman (developer) will be there to discuss.  Please feel free to attend if you can!

From Marshal Rothman:

A heads up : I will be attending the Town Council Meeting on Wed. to speak on the proposal concerning adjusting the maximum square footage allowed by Zoning . I intend to point out that the current maximum is reasonable but also there are in place provisions to reduce it on steep building sites . I  will be mentioning that it was my ability to support my partners requested larger house sizes (still below current maximum ) that was instrumental in an agreement to reduce the number of proposed lots from 10 to 9 thereby reducing impact on immediate neighbors . I will also point out that the Marinda Oaks neighborhood has approximately 16,000 square feet per acre of building coverage while my property is already limited to 500 square feet per acre of coverage . This is important for the council in determining the stated goal for any change and findings that the change will accomplish that goal, such stated goal and findings being required by Due Process . 

It is unlikely that any such change could be in place before my application is deemed complete or that it could be applied anyway since it would then be arguably focused to limit one property which runs afoul of “Equal Teatment Under the Law” . My concern is more in dealing with future projects and making sure that there is sufficient latuitude to accomodate changes such as the one we made. This is more important than an arbitrary cap when 500 square feet one way or another is more a psycological salve rather than a significant physical difference.

I thought also you might like to hear the promised change monumented in a public hearing.

Meeting info from

May 2: 
Town Council Meeting, 7pm
Where: Women’s Club, 46 Park Road (map)
Description: Regular Meeting
Agenda and Packet

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Development application deemed ‘incomplete’ – the official response from the Town of Fairfax

Here is the town’s official response (27 pages) to the recent application for “Marinda Heights” from the developer.  In this letter, Director of Building & Planning Services Ben Berto details the items that the developer must address in the next application.

If a future application is deemed ‘complete’, then the formal review process begins.  This will involve an environmental review which typically can take up to 1 year, and also a series of public feedback sessions organized by the town to discuss any issues.

Nothing has been decided yet, the formal process has not yet even begun, and many things will be negotiated before it even comes to a decision, if ever.  There is a lot of information to digest in this letter, but if you take the time to read it, you will understand the Town’s position and what they are keeping an eye on.


Stay informed and make your voice heard.  You can sign up for updates at the building and planning website.


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Marinda Heights Discussion – Thursday 3/22, 7pm @ Fairfax Open Space Committee Meeting

Heads up – proposal review on March 22:
Special Fairfax Open Space Committee Meeting, 7pm
Where: Women’s Club, 46 Park Road (map)
Description: Topic: Wall property/Marinda Heights development proposal review regarding the Open Space components.

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Sign Up for Updates from Town of Fairfax

The Town has created a site for all Wall-Property-related updates.  To receive email updates in your inbox, visit to sign up.

There will be a letter coming out next week from Director of Planning & Building Services Ben Berto that provides the Town’s commentary on the recently submitted proposal.  By signing up at the link above, you will receive this letter upon release.

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