2021-03-18 Leeward Exh B (USE 21-085)

Home

to by the state Department of Health. Should the county concede to the state's six requirement? I'm talking about the March 4, 2021, memorandum of the state Department of Health. ROY: Ten is the maximum number of guests allowed at a bed and breakfast. I'm not sure why the Department of Health only stated six, but— VITOUSEK: utVITOUSEK: Do you knowI mean, they indicated in their letter that under the definition of bed and breakfast the limit is six—do you know what definition they were quoting? They didn't quote any ordinance in that statement. ROY: Yeah, that's, that was what's unclear to me, Chair, is, you know, bed and breakfast establishment, is that DOH's definition or—you know, unfortunately, we got this only just a few days ago. DOH decided to wait until the eleventh hour to send us comments. So I'm not sure why, or what ordinance or where they came up with that definition. I can look into that, though. VITOUSEK: That will be great. I mean I'm definitely sympathetic with the situation that DOH is undertaking at the moment. But that would be helpful, you know, considering the Hawai i County Code 25-4-7 indicates a limit of 10 that's not to exceed for bed and breakfast, so I was, I also had the same question as Commissioner Van Pernis about the discrepancy. Commissioner Van Pernis. VAN PERNIS: I'd ask Mr. Roy if it's appropriate to, from this point of view, to defer this matter until the discrepancy between 10 and six, which Mr. Roy states he doesn't know why that differential exists at this time. Would it be appropriate to defer until the matter resolved, result in a possible different recommendation about limiting the B and B to six? ROY: I think you should discuss with the applicant if they would be willing to reduce the number. The application came in for 10, the county code allows for 10. So, to defer, I think, you know, would rely on the applicant willing, willingness to do so. I don't believe it's necessary. VITOUSEK: Is it something that our corporation counsel can weigh in on as to if they have any indication on whether the state has rules that establish a limit at six, and where we fit with the discrepancy that's presented to us? HALL: I would have to do the research. I'm going to defer to Maija if she knows the state rules. JACKSON: Thanks, Malia. Yeah, so, the definition that you see before you in their memo is actually from Hawaii Administrative Rules from the Department of Health's food safety code. So the Department of Health has a different definition than we do in our zoning code for B and B. What this simply means is that these rules in their memo apply to their definition of a B and B; since this 10-bedroom B and B does not fit DOH rules, any food service that they do is going to have to comply with whatever other DOH rules they have for food safety for establishments above six bedrooms. So I don't know that it necessitates deferring; I think it's just one of those cases where we have two different definitions. Regardless, the applicant will have to comply with DOH rules for food safety. 7 EXHIBIT B