Overview: Are Short-Term Rentals Allowed in Fair Oaks, CA?

Yes, short-term rentals are allowed in Fair Oaks, California. However, they are governed by Sacramento County regulations since Fair Oaks is an unincorporated area within Sacramento County. STRs are permitted as an accessory use only, meaning they must be secondary to the property being used as a primary residence. The operation cannot become the primary use of the property under any circumstances.

STRs are defined as transient occupancy rentals for 29 days or less, and are limited to primary dwellings or legally permitted Accessory Dwelling Units (ADUs) constructed before January 1, 2020. The county has implemented these regulations to mitigate negative impacts on neighborhoods while allowing property owners to generate supplemental income from their homes.

How to Start a Short-Term Rental Business in Fair Oaks

Step 1: Verify Eligibility

Before proceeding with any applications, ensure your property meets these fundamental requirements:

• Property must be located within unincorporated Sacramento County (which includes Fair Oaks)
• The proposed rental unit must be a legally permitted primary dwelling or an ADU legally permitted prior to January 1, 2020
• The property must be your primary residence
• You must be either the property owner or a renter with owner's consent and a long-term lease
• You must be able to provide required documentation proving primary residency

Step 2: Prepare Required Documentation

Gather the following documents before starting your application:

For Proof of Ownership/Consent:

• Sacramento County property tax homeowner's exemption
• Grant deed
• Mortgage statement
• If you're a long-term lessee: notarized copy of owner consent form plus your lease

For Proof of Primary Residency:

• Sacramento County property tax homeowner's exemption
• California driver's license
• Current voter registration card
• Most recent W-2 Tax Form (page with mailing address)

Important Note: Utility bills are no longer accepted as proof of primary residency. All documents must reflect the resident's name and address where the permit will be registered.

Step 3: Submit Applications Through RentalScape

All applications must be submitted through the county's RentalScape online portal at sacramento-ca-str.deckard.com/. The county does not accept STR permit applications through mail, fax, email, or in-person submissions.

Step 4: Pay Required Fees

The total application fee is $452.66, which is non-refundable and includes:

• Short-Term Rental Permit application fee
• Business License application fee
• TOT Registration (no additional charge)

Step 5: Await Approval and Begin Operations

Once approved, you may begin operating your short-term rental in compliance with all regulations.

Required Documents, Permits, Licenses, and Guidelines

1. Short-Term Rental (STR) Permit

• Issuing Authority: Sacramento County Planning and Environmental Review
• Application Method: RentalScape online portal only
• Cost: Included in the $452.66 total fee
• Validity: Ongoing (with renewal requirements)

2. Business License

• Issuing Authority: Sacramento County Department of Finance
• Application Method: Through RentalScape portal
• Cost: Included in the $452.66 total fee
• Renewal: Required annually

3. Transient Occupancy Tax (TOT) Registration

• Issuing Authority: Sacramento County Department of Finance
• Tax Rate: 12% of rent charged to transient guests
• Application Method: Through RentalScape portal
• Additional Assessments: Subject to Sacramento Tourism Marketing District (STMD) and Sacramento Tourism Infrastructure District assessments
• Payment: Quarterly basis

4. Compliance Documentation

Property owners must maintain:

• Proof of primary residency documentation
• STR permit and business license
• TOT registration and tax records
• Guest occupancy records
• Property management compliance documentation

Specific Regulations for Short-Term Rentals

Primary Residency Requirement

• Property owner or long-term renter must live on-site minimum of six months per year
• Must provide proof that the site is their primary residence
• STR operation must remain an accessory use to full-time occupancy
• Under no circumstances shall STR services become the primary use of the property

Occupancy Limitations

• Maximum occupancy: No more than two adults per bedroom
• Stay Duration: Maximum of 29 consecutive days per stay
• Annual Limit: Maximum of 29 total days per rental party per year
• Single Rental Party: Only one rental party at a time permitted (unlike bed and breakfast inns)

Property Type Restrictions

• Primary Dwellings: Permitted when used as primary residence
• ADUs: Only permitted if legally permitted prior to January 1, 2020
• JADUs (Junior Accessory Dwelling Units): Prohibited for STR use
• Guest Houses: Prohibited for STR use
• ADUs constructed after January 1, 2020: Prohibited for STR use

Operational Restrictions

• No public or commercial events permitted on the property
• No outdoor STR rentals (camping, RV parks, cabins, treehouses, glamping)
• Single STR Limit: Property owner can only legally operate one STR
• Zoning Compliance: Must comply with all applicable zoning ordinances

Special Area Exceptions

• STR operations as primary use may be permitted in certain zones within:
  • Locke Special Planning Area (SPA)
  • Courtland Special Planning Area (SPA)
  • Walnut Grove Neighborhood Preservation Area (NPA)
• Applications outside these qualifying districts that don't demonstrate accessory nature will be denied

Long-Term Rental Exception

• Stays of 30 days or longer are permitted and considered rental property (not STR)
• Rental properties should be registered with the Rental Housing Inspection Program

Tax and Assessment Requirements

• Transient Occupancy Tax: 12% of rent charged to transient guests
• STMD Assessment: Additional tourism marketing assessment
• Sacramento Tourism Infrastructure District Assessment: Additional infrastructure assessment
• Quarterly Reporting: TOT must be paid quarterly

Enforcement and Penalties

• Violations can result in fines or other penalties
• STRs operating without permits can be reported through 311 system
• Applications may be denied for non-compliance with regulations
• All fees are non-refundable, even if applications are denied

Contact Information for Local Authorities

Primary Contact: Planning and Environmental Review

• Email: sacplan@saccounty.gov
• Website: planning.saccounty.gov/
• Services: STR permit questions, zoning compliance, general planning inquiries

Transient Occupancy Tax (TOT) Inquiries

• Phone: (916) 874-8700
• Email: Finance-TOT-UUT@saccounty.gov
• Department: Report and Account Services Unit, Tax Collection and Licenses Division, Department of Finance
• Services: TOT registration, tax payments, assessment questions

Business Licensing

• Phone: (916) 874-6644
• Website: finance.saccounty.net/Tax/Pages/BusLicGeneral.aspx
• Department: Department of Finance, Business Licensing
• Services: Business license questions and applications

Code Enforcement and Complaints

• Phone: 3-1-1 or (916) 875-4311
• Online Reporting: 311.saccounty.gov/
• Services: Report unpermitted STRs, file complaints about STR operations

Planning Appointments

• Website: planning.saccounty.net/Pages/PlanAppt.aspx
• Services: Schedule appointments with Planning front counter at Building Assistance Center

Source Pages and Additional Resources

Primary Sources

1. Sacramento County Planning and Environmental Review - STR Permits

   • URL: planning.saccounty.net/applicants/Pages/Short-Term-Rental-Permits.aspx
   • Content: Main STR permit information, application process, fees

2. STR Permit FAQ Handout (V6.1, 8/02/24)

   • URL: planning.saccounty.gov/applicants/Documents/Short_Term_Rentals_Handout_v6.1.pdf
   • Content: Comprehensive FAQ, detailed requirements, documentation guidelines

3. Property Use FAQs

   • URL: planning.saccounty.net/Pages/PropertyUseFAQs.aspx
   • Content: Additional STR information, home business regulations

Application and Payment Portals

4. RentalScape Application Portal
   • URL: sacramento-ca-str.deckard.com/
   • Purpose: Online application portal for STR permits, business licenses, and TOT registration

Zoning and Regulatory Documents

5. Sacramento County Zoning Code - Section 3.9.3.AA

   • URL: planning.saccounty.gov/LandUseRegulationDocuments/Documents/Zoning-Code/SZC_Chapter3.pdf (page 3-136)
   • Content: Zoning standards and findings for STRs

6. Sacramento County Zoning Code - Section 6.5.6

   • URL: planning.saccounty.gov/LandUseRegulationDocuments/Documents/Zoning-Code/SZC_Chapter6.pdf (page 6-58)
   • Content: Additional STR standards and regulations

7. Sacramento County Zoning Code - Chapter 3

   • URL: planning.saccounty.gov/LandUseRegulationDocuments/Documents/Zoning-Code/Chapter_3_7.11.24.pdf
   • Content: Complete zoning regulations, home occupation standards

Reporting and Enforcement

8. Sacramento County 311 System
   • URL: 311.saccounty.gov/
   • Purpose: Report unpermitted STRs and file complaints

Business and Tax Resources

9. Business Licensing Information
   • URL: finance.saccounty.net/Tax/Pages/BusLicGeneral.aspx
   • Purpose: Business license applications and information

Community Planning Resources

10. Fair Oaks Community Planning Advisory Council (CPAC)
    • URL: agendanet.saccounty.gov/FairOaksCPAC/Meetings/Search?dropid=7&mtids=111
    • Purpose: Local community planning meetings and discussions

Additional Information

• TOT FAQ: Contact Finance-TOT-UUT@saccounty.gov for TOT-specific questions
• Project Viewer: planningdocuments.saccounty.net/ (search addresses to verify approved STR permits)

Important Disclaimer: The information provided is for general guidance only and should not replace official county ordinances and regulations. Always contact Sacramento County Planning and Environmental Review at sacplan@saccounty.gov for specific regulatory questions before submitting applications.