Corte Madera closes in on short-term rental regulations

Corte Madera could be the next Marin municipality to allow homeowners to operate short-term rentals.

The Town Council directed staff at its April 18 meeting to draft an ordinance to permit and regulate the vacation rentals.

The practice, defined as home or room rentals for 30 days or fewer, is not allowed in the town’s zoning code. The town has been studying whether to permit the activity or adopt an ordinance banning it.

“I really feel like all five of us, I’ve heard, would like to see a well-thought-about and successful ordinance attempt on allowing some degree of this,” Mayor Charles Lee said.

The Town Council considered in 2016 whether to regulate the industry at a time when the vacation-home rental market was booming through sites like Airbnb and VRBO. But it chose to take a wait-and-see approach, opting out of an explicit ban.

Cities and towns were being asked by residents to tighten restrictions to regulate noise, trash and street parking.

Last year, the Marin County Board of Supervisors extended a moratorium on short-term rentals in western Marin for nearly two years because the industry was exacerbating the shortage of affordable housing.

In June, Fairfax joined San Rafael, Mill Valley, Novato and the county in adopting a short-term rental program with the help of a third-party firm called Host Compliance to track and regulate operators. The jurisdictions require short-term rental operators to register and pay fees and taxes.

San Anselmo allows the rentals with a business license, but it does not charge a tax. Ross has left them unregulated, whereas Tiburon and Sausalito have adopted bans.

In Larkspur, as in Corte Madera, short-term rentals are illegal because they are not a permitted use in the city’s zoning code.

In October, the Larkspur City Council adopted new fines ranging from $1,500 to $5,000 for offenses, the maximum penalties allowed under state law. Meanwhile, the city’s staff is still researching options for regulations, monitoring and enforcement.

In Corte Madera, Bob Brown, a planning consultant, has been working with town staffers for over a year to study the issue. He said about 30 known listings are offered in town, and no major complaints have been recorded.

A town survey shows that 287 of 541 respondents, or 53%, support allowing the home rentals with regulations. The rest supported continuing the ban, he said.

At the April 18 council meeting, two residents of the town’s Hidden Valley neighborhood said they are concerned about the potential effect short-term rentals could have on their blocks.

A representative of the area’s volunteer Neighborhood Response Group, which coordinates emergency drills and training, said it’s believed that several adult children have inherited homes in the area and plan to rent them. Having short-term renters come and go would disrupt their efforts to build community, she said.

Resident Susan Wolf said she lives in the Chapman Park neighborhood and offers her home as a short-term rental. She said she communicates with her neighbors when renters are staying, and “they have never complained.”

“They know they can contact me at any time,” she said.

Wolf said most people who rent their home are visiting family for the holidays or a special occasion and that she doesn’t allow parties. She said she relies on the extra income she earns through rentals and would welcome some regulations so that she can continue the activity and follow the rules.

The council members agreed that they should prohibit short-term rentals of accessory dwelling units, or in-law apartments, but primary residences would be OK. They agreed that there should be some cap on the number of days per year a home could be rented as a way of discouraging businesses from trying to capitalize on short-term rentals in town.

Council members are also interested in setting maximum occupancy rules, parking requirements and revocation provisions; requiring emergency contacts to be made available; and requiring the host to provide guests with a list of the rules as well as evacuation information, trash disposal instructions and curfew limits.

“I think what we’re looking at here is trying to find an approach that balances what I see as homeowners’ property rights to monetize their homes,” Councilmember Eli Beckman said.

Beckman said the cost of living is high in Corte Madera and “we have so many residents who are in that really challenging house-rich, cash-poor situation.”

“I think that this could be a great boost for them,” Beckman said.