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Heather Kimball, Council Chair and Members of the County Council May 23, 2024 Page 2 thirty consecutive days or less. [for each letting in a hotel, apartment hotel, motel, condominium or units as defined in chapter 511B, cooperative apartment, dwelling unit, or rooming house that provides living quarters, sleeping, or housekeeping accommodations, or other place in which lodgings are regularly furnished to transients. (Reference section 237D 1, Hawai`i Revised Statutes.) "Transient" accommodation rental" means transient accommodation excluding: (1) Hotel, motels, and inn's; Apartment hotels; Boarding facilities; Lodges; and Timeshares.] Recommendation#2 Delete the term "second dwelling" in Section 25-4-16.1(a)(2) and Section 25-4-16.2(b)(2) and replace the term with"additional dwelling unit" Recommendation #3 Under Section 25-4-16.1(b)(1), amend as follows: "(1) If the transient accommodation rental has been in regular use in an ohana dwelling or additional dwelling unit (excluding an additional farm dwelling unit) on the same building site, the owner shall have the burden of proof in establishing that the ohana dwelling or additional dwelling unit (excluding an additional farm dwelling unit) was in use as a transient accommodation rental on or before January 1, 2024, and may register by obtaining a nonconforming use certificate pursuant to this section." Recommendation #4 Section 25-4-16.1(b) and Section 25-4-16.2(c) should identify existing bed and breakfast establishments that may become nonconforming uses should Bill 122 be adopted. Therefore, under the two sections listed above, the following should be added: "Any bed and breakfast which received approval prior to [effective date of Bill 121] through issuance of a use permit or special permit, is considered a legal use of the affected parcel as a hosted transient accommodation rental and may continue to operate provided the conditions of approval of the use permit or special permit have been met and the good neighbor standards and advertising and signage standards in section 25-4-16.17 (Transient accommodation rental operation standards) are met." Recommendation#5 Remove Section 25-4-16.3(c)(3) and 25-4-16.4 as follows: "[(3)Nonconforming Use Certificate: S599]. Recommendation #6 Change Section 25-4-16.5(1) as follows: "(1) The transient accommodation rental must have off- street parking as required by the department's transient accommodation rental parking schedule set forth in section 25-4-51 or applicable parking standards in this chapter;" Recommendation#7 Clarify the conflict between the date in Section 25-4-16.1(b)(1) and Section 25-4-16.2(c)(1) with the date that is found in Section 25-4-16.6(a) to ensure that the dates of existing transient accommodation rentals are in alignment with acceptable dates for nonconforming use.