Short Term Rentals
Ordinance Updates
TOWN OF FAIRFAX, CALIFORNIA
TOWN COUNCIL, NOVEMBER 19, 2024
Range of Options for STR
Regulations
Outright Ban
STRs not permitted anywhere
within jurisdiction
No Regulation
Allowed everywhere
No registration required
Fairfax Target
Allow some STRs
Regulations to protect neighbors
Registration required
Some revenue (Hotel User Tax)
Active code enforcement
Short-Term Rental Regulations
Where are they located?
Zoning Ordinance
(e.g. permitted uses, parking)
Business Regulations
(e.g. property eligibility,
licensing, enforcement)
Code Enforcement
Current regulations (zoning)
Single family properties only
The host of the STR must be primary residence of the dwelling Not permitted as STRs
Duplexes
ADUs (built after 2020)
Spaces not designed for residential (aka sheds)
Only allowed in zones:
RS 7.5 Single-Family Residential, Medium Density
RS-6 Single Family Residential, High Density
UR Upland Residential zones (UR-7 and UR-10)
Additional parking space required for STR + two spaces for permanent residents 21 registration applications so far:
- 12 approved
- 9 denied
NOT allowed in RD 5.5-7 or any commercial zones
NOT allowed in any multi-unit building / property (duplex, apartment, etc.) Challenges to Registration
Location
Not allowed
in duplex
unit
Not primary
residence
Does not Live
on property
Not allowed
in zone
Insufficient
parking
1 X X X
2 X X X X
3 X X X X
4 X
5 X
6 X
7 X
8 X
9 X
Three Recommended Zoning Changes
(targeted)
Code Change
1. Allow STRs in most zoning districts that allow residential uses
2. Allow STRs in most housing types (except ADUs built after 2020)
3. Allow limited waiver to parking
Parking waiver process
Planning Commission recommendation, based on
testimony from STR operators
Eligibility:
Must meet all other requirements of zoning code
No code violations
Demonstrate low parking demand (single room rental or other factors) Demonstrate nearby parking availability
Applicant must apply for waiver
Notice provided to neighbors
Appeal rights to the Town Council
Short-Term Rental Regulations
Zoning Ordinance
Permitted in certain zoning districts
Parking requirements
Business Regulations (“Short-Term Rental Program”)
Property eligibility
Program requirements (occupancy limits, defensible space, signage) Registration requirement
Requirements for hosting platforms
Enforcement procedures
Zoning Regulations
(e.g. permitted uses, parking)
Business Regulations
(e.g. property eligibility,
licensing, enforcement)
Code Enforcement
Short Term Rental Program
(Amendment Options)
Works in conjunction with zoning, focused on licensing Should the occupancy requirements change?
Current regulations - STR host = permanent resident of unit Changed to permanent resident of “the property”?
Staff recommendation, not recommended by Commission
Could owner live elsewhere in Fairfax or out of town (“non-hosted”)? Not recommended
Short Term Rental Program
(Amendment Options)
Limits on number of days?
Planning Commission recommended a limit
(didn’t specify the number of days)
Town Council could add prior to adoption
Staff recommends 180 days
“B. A Short-Term Rental shall only be permitted to operate on the subject property for a maximum of 180 days per calendar year, starting January 1 and terminating on December 31.”
Short Term Rental Program
(Amendment Options)
Change Hotel User Tax (HUT)?
Planning Commission suggested consideration of an increase Currently 10%
Other jurisdictions are higher
Council could direct staff to research this issue further Vote by Fairfax citizens required
Enforcement Process
Enforcement Activities to date
Letter have been sent encouraging registrations (up to three letters) 12 registrations to date
9 attempted registrations (but could not qualify)
Added the notification process to the Short-term Rental Program Resolution. Three warning letters.
Enforcement options
Chapter 1.08 (General Penalty):
1. $100 (first);
2. $200 (second);
3. $500 (third and each additional)
Chapter 1.10 (Administrative Citation and Hearing Process Enforcement) Summary of Proposed Changes
Code or Policy Provision Notes
Recommended Changes to Ordinance
1. Allow an STR to operate in most dwelling types Currently only in single-family
2. Allow for an STR in most zoning districts Currently only allowed in RS-6, RS-7.5, UR-7 and UR-10
3. Allow for a parking waiver, if justified Parking is most significant limit on STRs Recommended Changes to Short Term Rental Policy
4. Amendments to property eligibility Allows duplex to be used as STR (if owner lives on property)
5. Require a Defensible Space Report from Ross Valley Fire Other Planning Commission Recommendation
6. Cap on number of days (staff suggests 180 days per
year)
Could add to Short Term Rental Policy
7. Hotel User’s Tax Increase, increase above 10% Separate action. Is Council interested in exploring options?
Adoption Process
Town Council consideration / adoption
• Requires two meetings to adopt (introduce / adopt)
• Public hearing required when ordinance is introduced
• Effective 30-days after adoption
Adoption of Short-Term Rental Program (resolution)
• Changes effective upon adoption
Timing
• Some registrations of STRs stalled pending amendments • Hosts (potential hosts) need certainty
• Need firm ground rules for effective code enforcement Questions
??