Overview

Short-term rentals ARE explicitly allowed in Fairfax, CA. However, they are strictly regulated. All STRs must be registered with the Town, pay an annual fee, and collect/remit the Hotel User's Tax (HUT). Non-compliance results in citations, fines, and administrative fees. Regulations aim to ensure fairness and maintain residents' quality of life.

How to Start a Short-Term Rental Business in Fairfax

1. Verify Eligibility: Confirm your property meets current zoning and occupancy requirements (see "Specific Regulations").
2. Register Annually: Complete mandatory registration through the Town's online portal (managed by Deckard Technologies).
3. Pay Fees: Submit the annual registration fee.
4. Collect & Remit Tax: Begin collecting and remitting the 10% Hotel User's Tax (HUT) on all bookings.
5. Maintain Compliance: Adhere to all ongoing regulations (parking, fire safety, etc.).

Key Platforms for Action:

• Registration, Renewals, Updates: Apply/Manage Permit Here
• Pay Taxes: Pay HUT Here

Required Documents, Permits, Licenses, and Guidelines

1. Short-Term Rental Registration: Mandatory. Annual process via Deckard portal.
2. Hotel User's Tax (HUT) Registration: Mandatory. Registration enables HUT collection/remittance.
3. Defensible Space Report: Required from the Ross Valley Fire Department.
4. Compliance with Zoning: STRs must be in residential districts (as per current rules; see regulatory updates below).
5. Proof of Occupancy: May be required to verify "permanent resident" status under updated rules (see below).
6. Parking Plan/Compliance: Must meet parking requirements (unless waiver granted under updated rules).
7. Adherence to Town Code: Compliance with Ordinances 865, 866, and 891 (see "Specific Regulations").

Specific Regulations for Short-Term Rentals

Town of Fairfax Regulations:

1. Eligibility & Zoning:
   • Current Rules (as of provided content): STRs are allowed only in single-family houses within specific residential districts. Duplexes are allowed only if the owner lives on the property.
   • UPDATED RULES (Passed First Reading Nov 2024): Ordinance amendments (currently pending final adoption, likely completed) significantly expand eligibility:
     • STRs are allowed in any type of residence.
     • STRs are allowed in any zoning district.
     • Key Requirement: The property must be occupied by a "permanent" resident. (This clarifies the confusion cited by the Planning Director).
2. Occupancy Limit: While not explicitly stated in the sources, compliance with standard residential occupancy limits is implied.
3. Parking:
   • Current Rules: STRs must provide off-street parking as stipulated in the regulations.
   • UPDATED RULES: A parking waiver is included as a new provision.
4. Fire Safety: A defensible space report from the Ross Valley Fire Department is required.
5. Taxation:
   • Hotel User's Tax (HUT): A 10% tax is collected from guests and remitted to the Town.
   • Registration Fees: Annual fee (amount not specified in provided content).
   • ** unenforced Increase:** Mayor Barbara Coler noted increasing the 10% HUT rate would require voter approval and cannot be done by the Council alone.
6. Compliance & Enforcement: Operating without registration is a violation. Complaints can be filed via a 24/7 hotline or online form. Code Enforcement applies.
7. Key Ordinances & Resolutions:
   • Ordinance 865: Zoning Regulations for STRs.
   • Ordinance 866: The STR Program.
   • Ordinance 891: Amendments to the STR Program (the 2024 changes).
   • Resolution 22-44: Initial STR Policy.
   • Resolution 22-75: STR Program Fees.

Marin County & State of California Regulations:

• County Level: STR regulations vary significantly across Marin County. Fairfax is notably permissive compared to some neighboring towns.
  • Current Status in Nearby Towns: San Anselmo, Tiburon, Sausalito, and Corte Madera have prohibited STRs entirely.
• State Level: No specific state-level STR regulations beyond general business, tax, and safety codes are mentioned in the provided sources.

Contact Information

• Primary Authority: Town of Fairfax, Planning and Building Department
• Address: 142 Bolinas Rd., Fairfax, CA 94930
• Phone: (415) 453-1584
• Fax: (415) 453-1618
• Director of Planning & Building: Jeff Beiswenger
  • Email: jbeiswenger@townoffairfax.org
• Hours: Mon-Thu: 8:30 AM - 12:00 PM & 1:00 PM - 5:00 PM
• 24/7 STR Complaint Hotline: (415) 450-6208

Links to Source Pages

1. Official STR Program Page: Town of Fairfax - Short-Term Rental Program
2. Registration Announcement: Register Your Short-Term Rental Online
3. Compliance Advisory: What You Need to Know About Short-Term Rentals
4. Recent Regulatory Updates (News): Fairfax updates rules on short-term rentals (Marin IJ - Nov 26, 2024)
5. Direct Registration/Tax Portal: Deckard Technologies - Fairfax STR
6. Complaints Portal: File STR Complaint
7. Resolutions & Ordinances (See program page):
   • Resolution 22-44
   • Resolution 22-75
   • Ordinance 865
   • Ordinance 866
   • Ordinance 891