Fairfax Council debates housing rules as state pushes for new units and local control fades

The Fairfax Town Council convened on April 2, 2025, to address pressing issues surrounding housing regulations and septic systems in the community. The meeting highlighted the ongoing challenges posed by state mandates on housing development and local control.

The discussion began with a review of Fairfax's long-standing ban on septic tanks, which has been in place since the late 1970s. Council members debated the implications of this ban in light of state regulations that may require connections to sewer systems, particularly in areas where septic systems are still in use. The chair of Marin LAFCo noted that some regions, such as the Cascades, remain reliant on septic systems due to their distance from sanitary districts.

Council Member Geargelli expressed concerns about the state's push for increased housing units, citing a significant number of vacant properties in nearby San Francisco. He criticized the potential for overdevelopment in Fairfax, warning that the construction of high-rise buildings and accessory dwelling units (ADUs) without adequate parking could lead to safety and traffic issues. He emphasized the risk of a collapsing real estate market, which could jeopardize the town's financial stability.

In response, Council Member Kohler pointed out that failing to comply with state mandates would leave the town with even less control over housing development. He proposed extending the amnesty program for unpermitted units to 2045, aiming to encourage compliance with building codes while addressing health and safety concerns.

Council Member Hellman echoed Kohler's sentiments, highlighting the numerous housing laws passed by the state that limit local governance. She acknowledged the need for objective standards to manage development while remaining sensitive to community concerns.

The meeting concluded with a consensus that while local control is diminishing, the council must navigate state regulations to ensure the safety and well-being of Fairfax residents. The council plans to continue discussions on these issues in future meetings, focusing on balancing development needs with community safety and infrastructure capabilities.