Fairfax extends temporary moratorium on "formula businesses" to allow time for tighter zoning rules

The Fairfax Town Council voted unanimously on April 17 to extend an interim moratorium on the issuance of entitlements for new "formula businesses" — chain or franchise-style operations — to give the town time to draft clearer zoning standards.

Jeff, a town staff presenter, told the council the first urgency ordinance was established March 4 and started a 45-day clock that would have expired April 18. He recommended extending the moratorium by 10 months and 15 days so the town can complete research and hold a planning-commission study session; the extension would run through midnight on March 3, 2027.

Why it matters: Council members and public speakers said current zoning language is vague about what qualifies as a formula business and that the council needs time to adopt precise definitions and rules to protect downtown character while allowing appropriate businesses elsewhere.

Public speakers urged action and offered drafting suggestions. "I totally support the moratorium," said Mimi Newton, speaking as a Fairfax resident (not in her planning-commission role). She recommended the council review Sebastopol's ordinance, which she said defines formula businesses and limits certain types downtown.

Some residents pressed procedural and cost questions. Todd Greenberg questioned meeting scheduling and public access, saying important matters should be scheduled so more residents can attend. Mark Bell supported the moratorium and cited a letter from an attorney in the packet; Bell suggested the town could contract for ordinance drafting quickly and cited a hypothetical $400-per-hour fee that could amount to about $2,400 for the work. "We're looking at your process going into the tens of thousands of dollars of legal expense," Bell said, urging cost-conscious options.

Small-business concerns surfaced as well. "I work at Fairfax Market," said Moe McManus, a renter and employee of a local grocery. McManus urged the council to support the moratorium and protect small local stores; the speaker noted grocery stores are exempt under the proposal.

Deliberation and vote: Council members clarified the council was not adopting final ordinance language today but only extending the moratorium to allow for study and public input. One council member said the process would include looking at other towns' approaches and public comments. A motion to "waive reading in full and adopt an interim ordinance extending the town's moratorium on the granting of any entitlements for formula business" for 10 months and 15 days under Government Code section 65858 (with the term language adjusted as noted by the planning director) was moved and seconded. The council recorded the vote with Council member Blasch voting yes, Council member Koehler yes, Vice Mayor Acker aye and Mayor Hellman yes; the motion passed.

Next steps: Staff said it plans to take the matter to the planning commission for a study session, likely next month, and to return to council with proposed regulatory and zoning standards. The adopted interim ordinance will expire March 3, 2027, unless replaced earlier.

The council adjourned after a brief ceremonial remembrance.