Overview: Are Short-Term Rentals Allowed in San Rafael?

Yes, short-term rentals are explicitly allowed in San Rafael, CA, but only under strict conditions. The City of San Rafael permits short-term rentals (defined as rentals for fewer than 30 nights) provided the property is the primary residence of the owner or lessee, who must register annually with the city's Short-Term Rental Program and pay all required fees and taxes.

San Rafael operates on a "primary residence only" model, meaning you cannot operate an investment property solely for short-term rental purposes unless you also reside there. The city requires annual registration, collection and remittance of Transient Occupancy Taxes (TOT), and compliance with detailed safety, parking, and operational requirements.

How to Start a Short-Term Rental Business in San Rafael

Step 1: Verify Eligibility Requirements

Your property must meet all four eligibility criteria:

• Primary Residence Status: You must occupy the property as your primary residence for at least 60 consecutive days
• Natural Person Owner/Lessee: The primary resident must be an individual (not a business entity)
• Primary Residence Documentation: Provide three of five required documents proving primary residency
• City Registration: Successfully complete the annual registration process and maintain good standing

Step 2: Complete Registration Process

1. Access Registration Portal: Use Rentalscape, the city's designated provider (as of December 1, 2022)

   • Registration portal: San Rafael Short-Term Rental Registration

2. Pay Registration Fees:

   • Initial registration: $170
   • Annual renewal: $135

3. Submit Required Documentation: Complete all registration requirements within 60 days of operating

Step 3: Comply with Operational Requirements

• Tax Collection: Begin collecting 12% TOT (10% city, 2% MCBIDTA) immediately
• Interior Signage: Post required notice inside front door
• Parking Compliance: Ensure adequate off-street parking per occupancy
• Safety Inspections: Complete self-certification safety checklist and any required vegetation inspections

Required Documents, Permits, Licenses, and Guidelines

Primary Registration Documentation

Property Information Required:

1. Primary Resident Name and Contact Information
2. Primary Residency Documentation (choose 3 of 5):
   • Motor vehicle registration
   • Driver's license
   • Voter registration
   • Tax documents showing residential unit for homeowner's tax exemption
   • Utility bill
3. 24-Hour Local Emergency Contact
4. Property Address
5. Type of Short-Term Rental
6. Occupancy Calculation
7. Number of Bedrooms
8. Number of Bathrooms
9. Number of Designated Off-Street Parking Spaces

Required Self-Certification Checklists

• Safety Inspection Checklist (REQUIRED FOR ALL PROPERTIES)
• Vegetation Inspection Checklist (Required by April 30th annually for WUI properties)

Interior Signage Requirements

Properties must post a clearly visible notice containing:

1. 24-Hour Local Emergency Contact Person
2. Maximum number of occupants
3. Maximum number of vehicles
4. Off-street Parking Requirements
5. Garbage Disposal Instructions
6. Fire Safety and Fire Access Roads Information
7. Emergency and Wildfire Evacuation Procedures
8. Emergency Alerts signup information
9. San Rafael Noise Ordinance information

Parking Plan (if applicable)

If you share vehicle access with neighbors, submit a "Parking Plan" documenting:

• Existing variances or shared maneuvering arrangements
• Signage identifying designated parking spaces
• Agreements indicating designated parking spaces
• Guest instructions for parking and maintaining access

Specific Regulations for Short-Term Rentals

Occupancy Limits

• Base Formula: Two individuals per bedroom plus two additional individuals
• Parking Constraint: Occupancy cannot exceed the number of vehicles accommodated by designated off-street parking
• Parking Requirement: One designated off-street parking space required for every four guests
• Multi-Unit Buildings: Each rental listing must have its own designated off-street parking

Eligible Property Types

Allowed:

• Primary residence single-family homes
• Condominiums and townhomes (if primary residence)
• Accessory Dwelling Units (ADUs) and Junior ADUs (with restrictions)
• Portions of primary residence (rooms/suites)

Prohibited Properties:

• Income-restricted affordable housing and BMR units
• Student housing, dormitories, and SRO buildings
• Commercial or industrial zoned lots
• Non-residential areas within buildings (storage areas, garage conversions)
• Recreation Vehicles (RVs) and travel trailers
• Boats and house boats
• Teepees, yurts, tents, and treehouses
• Sleeping quarters in vans or cars

Accessory Dwelling Unit (ADU) Restrictions

• Allowed: ADUs can be used as STRs if primary residence requirements are met
• Cannot: Offer entire main home AND accessory structure simultaneously
• Alternative: Can rent portions of main home AND accessory structure simultaneously

Transient Occupancy Tax (TOT)

• Rate: 12% total (10% City TOT + 2% MCBIDTA)
• Collection: Hosts must collect from all guests
• Remittance:
  • Airbnb remits directly to city
  • Other platforms (VRBO, Turnkey) require self-remittance via city's "Pay TOT" system

Wildland Urban Interface (WUI) Requirements

• Location Check: Verify property location using Marin County WUI Map
• Vegetation Inspection: Annual self-certification required by April 30th
• Ongoing Maintenance: Property owners must maintain vegetation year-round
• Fire Department Authority: Drive-by inspections and scheduled inspections permitted

Enforcement and Penalties

• Three-Strike Policy: Three or more upheld citation violations within two years results in immediate registration loss
• Unregistered Operation: Considered a violation subject to citations, fines, and administrative fees
• Program Violations: Include blocked access to shared maneuvering areas and parking outside designated spaces

Contact Information for Local Authority

Code Enforcement Division

Primary Contact:

• Supervisor: Hector Carlos, Code Enforcement Supervisor
• Phone: (415) 458-5337 or (415) 485-3097
• Email: code.enforcement@cityofsanrafael.org

STR Program Contacts

• Program Questions: Hector Carlos at Hector.Carlos@cityofsanrafael.org or (415) 458-5337
• Registration Issues: Access through registration portal or contact Code Enforcement

Complaint Reporting

• 24/7 Hotline: (415) 521-3556
• Online Complaint Form: STR Complaint Portal

Physical Address

Code Enforcement Division
1400 Fifth Ave, Top Floor
San Rafael, CA 94901
Hours: By Appointment Only (contact via email to schedule)

City Hall
1400 Fifth Avenue
San Rafael, CA 94901
Hours: 8:30 AM - 5:00 PM, Monday-Friday

Links to Source Pages

Primary City Resources

• San Rafael Short-Term Rental Program Home
• Short-Term Rental Registration Portal
• STR Complaint Portal

Registration and Compliance Documents

• Property Registration Checklist
• Safety Self-Inspection Checklist
• Vegetation Self-Inspection Checklist
• Interior Signage Template
• Fire Safety Guest Information
• Evacuation Guest Information

Legal and Policy Documents

• Policy Resolution 14737 - STR Program Policies
• Ordinance 1976 - STR Program Ordinance
• San Rafael Noise Ordinance

Maps and Technical Resources

• Marin County Wildland-Urban Interface Map
• Vegetation Management Information
• Defensible Space Guidelines

Background and Research Documents

• STR Community Survey Findings
• August 5, 2019 Staff Report
• STR Overview Document

Important Investment Considerations: San Rafael's primary residence requirement significantly limits investment opportunities. The city prioritizes housing availability over short-term rental income generation, requiring operators to live on-site. Potential investors should consider whether they can genuinely establish primary residency at the property before pursuing registration. The annual renewal process, ongoing compliance requirements, and three-strike enforcement policy create a high-compliance operational environment suitable primarily for owner-operators rather than passive investors.