Fairfax updates rules on short-term rentals

The short-term-rental ordinance in Fairfax is being relaxed to allow for more applicants in the town’s program.

Short-term rentals — or tenancies of 30 days or fewer through vacation services like Airbnb or Vrbo — are subject to taxes, registration fees and town oversight.

The town has 12 registered short-term rentals. Nine owners have pursued registration but have not been able to qualify under the current rules. Up to 40 more short-term rentals might be active but the owners have not been in contact with Deckard Technologies, the company guiding the registration process.

The rules only allow short-term rentals in houses in certain residential districts. The rules also include parking requirements for the rentals; a stipulation that duplexes can be allowed if the owner lives on the property; and a requirement for a defensible space report from the Ross Valley Fire Department.

The recommended change would allow for short-term rentals in any type of residence, but only if it is occupied by a “permanent” resident. The ordinance also allows the short-term rentals in any zoning district and includes a parking waiver.

The Town Council unanimously passed a first reading of the ordinance amendments during its meeting on Nov. 19.

Jeffrey Beiswenger, the town’s planning and building director, said the amendments were proposed to clear up confusion on the part of prospective short-term-rental applicants.

“It would be good to give them some certainty and have those firm code enforcement ground rules,” he said.

The amendments would revise regulations that have been in place since 2022, when the short-term-rental ordinance was adopted.

Mayor Barbara Coler said a change in the town’s 10% hotel users tax would need voter approval to be increased.

“So while it’s probably long overdue, we can’t just do that here,” said Coler.

Based on the 12 registered rentals, the town expects to collect $18,360 in taxes and $1,800 in registration fees. The cost of Deckard Technologies is $19,000 a year, and increases would be required to bring unregistered short-term rentals into compliance.

Michael Sexton, a Fairfax resident who spoke at the council meeting, said the regulations were intended to discourage the development of short-term rentals in general. He said he supports the amended rules.

“Short-term rentals are a very valuable resource to Fairfax,” he said. “These types of activities should be supported and encouraged, not discouraged.”

Short-term rentals are regulated throughout the county in various ways. San Anselmo, Tiburon, Sausalito and Corte Madera have adopted prohibitions.