Fairfax Moves to Fast-Track Event Permits Despite Noise Objections

Fairfax wants more outdoor music and events downtown, and the Town Council has started rewriting the rules to allow them. In a marathon Sept. 2 meeting, members directed staff to build a permit that takes about a week instead of three months. They also voted 5-0 to back the town's sewer district in a regional cost fight and told a cannabis operator it is too soon to revisit storefront rules.

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• Streamlined special event permit heads to the Planning Commission after about 50 minutes of debate over noise
• Council votes 5-0 to send a letter to the Central Marin Sanitation Agency backing Ross Valley Sanitary District in a dispute it says costs about $500,000 a year
• Cannabis petition gets no action. Members say expanding beyond medical-only sales is premature
• AB 1383 letter fails on a 2-2-1 vote, leaving the council's earlier position in place
• PG&E has no cause yet for the Aug. 15 Broadway vault fire. Undergrounding lacks state approval and funding
• Fairfax leads Marin County in Alert Marin sign-ups as the county prepares for El Niño

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A Faster Path for Downtown Events

Why it matters: Today, a business that wants to host an outdoor event on private commercial property needs a conditional use permit. That process takes about three months. The proposed change could open downtown to more events, but it set off the night's sharpest debate, over noise.

Where things stand: Jeff Beiswenger, Director of Planning and Building Services, proposed a zoning amendment for commercial districts. It would create an administrative special event permit, reviewed by fire, police and health officials, that takes about a week. An optional amplified noise permit would set time and location limits and require notice to neighbors. Police raised concerns about workload.

Councilmember Barbara Coler asked whether other Marin jurisdictions use similar permits. "It's actually pretty common," Beiswenger replied. Members also asked about a 10 p.m. cutoff.

"This is actually kind of instigated by the chamber," said Lisel Blash, Councilmember. Mina of the Chamber of Commerce said the current code makes outdoor activity difficult. She asked that the chamber and Parks and Recreation help design a practical permit.

Business voices backed the change. Ian Jensen, founder of House by the Park events, said one of his events drew about 150 people and boosted nearby businesses. McKinley, manager of The Kitchen at the Lodge Fairfax, said the town needs more vibrancy, including live music.

The other side: Opposition centered on amplified sound.

• One public commenter called Fairfax a "sound bowl" where amplified music turns into distorted noise pollution.
• Cindy Ross, a retired audiologist, supported community events but opposed changing noise ordinances, citing health impacts.
• Mark Bell argued the proposal conflicts with the general plan and said events can be acoustic.
• Deborah Benson cited parking, neighborhood and noise impacts.
• Rick Hamer asked that any permit address parking, traffic, emergency access and occupancy limits.
• Sierra warned that sound carries in the hills and affects wildlife.
• Charlotte Fuller suggested decibel readers and clear limits.

Another commenter proposed a stakeholder working group and questioned the cost of the effort, given the town's deficit and legal spending.

Decisions and stakeholder impacts: The council took no formal vote. It gave informal direction to staff. "We're giving direction to go to the Planning Commission, make it a swift process," said Stephanie Hellman, Mayor. Hellman also questioned whether the noise piece belongs with the Planning Commission. Restaurants, event producers and the chamber stand to gain. Neighbors near commercial districts would carry the noise and parking trade-offs. The council waived its 9:30 p.m. rule by voice vote to finish the agenda.

What's next: Staff will take the proposal to the Planning Commission.

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Fairfax Sides With Its Sewer District

Why it matters: Ross Valley Sanitary District (RVSD) says a formula change at the Central Marin Sanitation Agency (CMSA) raised its annual treatment payment from about $7M to nearly $8M. RVSD says that money could otherwise go toward sewer rehabilitation. CMSA is the joint agency that treats the district's wastewater.

Where things stand: Steve Moore, General Manager of Ross Valley Sanitary District, said CMSA "changed the allocation formula on a 3 to 2 vote with RVSD commissioners dissenting." The April change moved cost-sharing from a formula based on both flow and strength to one based on flow only. Moore said this adds about $500,000 a year.

RVSD argues that the strength data was flawed because a sampling port was moved in June 2023. "These are conclusively bad data and should be discarded from use for allocating treatment costs," Moore said.

RVSD wants CMSA to:

• Restore the flow-and-strength formula
• Commission an objective third-party technical report
• Repay overcharges
• Consider governance changes, such as a third seat or supermajority votes

RVSD invoked formal dispute resolution in March, but Moore said the process is still at step 1 of 4.

Coler asked why the town had not heard about the dispute sooner and raised consolidation talks before LAFCO, the county agency that oversees local government boundaries. Blash asked about data sources and process. "I really wish that I learned about this 18 months ago," Hellman said.

The other side: No speaker defended CMSA. Pamela Meggs, an RVSD board member, said the district is not seeking conflict and called for a full review of CMSA governance. One commenter urged RVSD to sue. Todd Greenberg asked for a letter and a speedier fix that avoids heavy legal spending.

Decisions and stakeholder impacts: Coler moved to send the letter and Blash seconded. The motion passed (For: 5, Against: 0, Absent: 0), with Hellman, Blash, Ghiringhelli, Coler and Egger all voting yes. Members suggested copying RVSD. Hellman found no support for a formal council liaison and instead asked RVSD board members to keep staff informed. The letter adds Fairfax's political weight on behalf of ratepayers.

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Too Soon for Cannabis Changes

Why it matters: Fairfax's only cannabis storefront, LaFleur, holds a medical-only permit. Its operator says most walk-in visitors cannot buy anything.

Where things stand: Martin Kaufman of LaFleur said "about 2/3 of the people that we see on site, we're having to politely ask to leave" because they lack a medical card. He said he has cut hours and misjudged demand. He asked what process might exist for change, not for a vote that night.

Coler questioned why he brought the petition within a month of opening. "Why don't you wait a year?" she asked.

The other side: Most commenters opposed the petition.

• Neighbor Gabe Robinson called it a "bait and switch" and cited traffic and parking.
• Kelsey Fernandez cited research linking storefront proximity to adolescent use.
• Jeremiah Mock, a professor at the University of California, San Francisco, urged the council to hold the line on Marin's countywide approach.
• Cindy Ross said she supports medical marijuana but opposed revisiting the issue.

A few speakers supported change or suggested a ballot vote. Greenberg alleged viewpoint discrimination in the time given to the petitioner.

Decisions and stakeholder impacts: The council took no action. "I'm not seeing or feeling the appetite for any change right now," Hellman said. "I just feel like this petition is maybe coming a little too soon in the process," Blash said. Vice Mayor Frank Egger suggested reviewing it in a year. For now, recreational storefront sales remain off the table.

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Fire and Flood: Utility and County Briefings

Why it matters: The Aug. 15 vault fire on Broadway and a possible El Niño winter both test how prepared Fairfax is for emergencies.

Where things stand: A PG&E representative said the failed equipment went to the utility's Applied Technology Services lab in San Ramon. A report is expected in a couple of weeks. He said two people may have had smoke inhalation.

PG&E said the transformer that failed contained no PCBs and that it had no evidence the fire was linked to roadwork. Ron Carlin, a PG&E public safety specialist, said "PG&E is the first utility company to connect this platform with tablet command." That link connects PG&E's notifications to fire dispatch.

PG&E may scope about 12 miles of undergrounding in 2028. "We do not yet have approval from the CPUC or the funding dedicated," the representative said.

Commenters raised several concerns:

• Greenberg asked for a replacement date for a 1935 gas main on Bolinas Road.
• One commenter flagged three old PCB-containing transformers near the Fairfax Plaza laundromat.
• Ross described confusing calls from a PG&E contractor.

On flooding, Marin County officials described preparation phases through January, six planned town halls and a countywide Alert Marin test on Sept. 26. "Fairfax has the highest sign-up rate in the entire county," said Steven Torrence, Director of Emergency Management, Marin County. That rate is about 60%, compared with a national benchmark near 30%. Torrence said the county has 11 deployable pumps and access to the National Guard.

Egger recounted the floods of 1955, 1982 and 2005. Asked about lessons from the January king tides, officials stressed unified communications and urged residents to clear culverts and trees.

The other side: Greenberg urged a written system for documenting storm damage for FEMA and a pre-disaster grant strategy. Bell warned that storm drain work is sending more water into an undersized culvert.

What's next: PG&E's cause report is pending. The countywide Alert Marin test is set for Sept. 26.

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AB 1383 Letter Dies on a Tie

Where things stand: The consent calendar, minus item F, passed (For: 5, Against: 0, Absent: 0). Item F was a letter on AB 1383. One councilmember opposed it, warning it would drive pension costs higher and citing more than $1M in legal expenses. Greenberg cited the town's $660,561 planned deficit and urged the council not to rescind its earlier opposition to the bill.

Decisions and stakeholder impacts: Coler moved to send the letter and Hellman seconded. It failed (For: 2, Against: 2, Abstain: 1, Absent: 0). Coler and Hellman voted yes, Ghiringhelli and Egger voted no, and Blash abstained. The letter will not be sent, and the council's earlier position stands. The meeting adjourned in memory of Karen Rossi.

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• Fleet electrification was continued to October by voice vote, as part of approving the agenda.
• Formula business moratorium runs to April 2027 and could be extended to April 2028. Egger wants a hearing by December so it does not lapse.
• Standing bike-pedestrian committee drew support. Raising the $300 monthly council stipend and adding term limits did not.
• Park Road paving is about three-quarters done, with detours Sept. 9–11. The Marin Water project is on hold indefinitely.
• Perry Park oak removals drew criticism from Bell and Kathy Flores, who questioned bypassing the tree committee.

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Looking ahead: Staff will bring a draft letter on the formula business moratorium on Oct. 7. The October meeting is slated to include the fleet electrification plan, the bike-pedestrian committee report and a Ross Valley Fire presentation.