HomeMy WebLinkAbout.PD Background & Recommendation Report (PL-CCI-2024-000005) Bill 123 BR-Mnitiated-Ohana.doc 2/20/2024
COUNTY OF HAWAI`I PLANNING DEPARTMENT
BACKGROUND AND RECOMMENDATION
COUNTY COUNCIL INITIATED BILL NO. 123 (PL-CCI-2024-00005)
AMENDMENT TO CHPATER 19,ARTICLE 1 AND ARTICLE 13, CHAPTER
23,ARTICLE 9,AND CHAPTER 25,ARTICLE 1,ARTICLE 2,ARTICLE 5,AND
ARTICLE 6 OF THE HAWAI`I COUNTY CODE 1983 (2016 EDITION,AS
AMENDED),RELATING TO `OHANA DWELLING UNITS
The County Council has referred Bill No. 123 to the Planning Director and the Windward
and Leeward Planning Commissions for comments and recommendations.
PURPOSE OF BILL NO. 123
1. The Hawaii County Council has introduced Bill No. 123 (Planning Department
Exhibit 1),which seeks to amend Chapter 19 (Real Property Tax), Article 1 and
Article 13, Chapter 23 (Subdivisions), Article 9, and Chapter 25 (Zoning), Article
1, Article 2, Article 5 and Article 6 of the Hawaii County Code 1983 (2016
edition, as amended), relating to `ohana dwelling units.
2. The purpose of this bill is to establish accessory dwelling units (ADUs) in the
County Code by removing each instance of the term "`ohana dwelling" from teh
County Code and adding the term "accesory dwelling unit" and by replacing
existing `ohana dwelling unit regulations with new accessory dwelling unit
regulations.
HISTORY OF OHANA DWELLING UNITS
3. In 1996, County Council passed Ordinance 96 47, also known as Bill 307, which
regulated `ohana dwelling units. At the time, the intent of Bill 307 was to conform
the County Code with Act 229 of Sessions Laws of Hawaii 1981, which required
each county to amend their zoning ordinance to permit the construction of`ohana
dwelling units. Both bills were passed in an effort to assist local families to
purchase afforable individual living quarters and at the same time to encourage
the preservation of the extended family. Although both statutes contain no
restrictions that required `ohana dwellings to be used for only `ohana.
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WHAT IS AN `OHANA DWELLING
4. An `ohana dwelling is currently defined as "...a second dwelling unit permitted to
be built as a separate or an attached unit on a building site, but does not include
a guest house or a farm dwelling. "An `ohana dwelling unit is considered to be
accessory to the principal permitted single family dwelling.
5. Over the years, the term `ohana dwelling unit has also been placed alongside the
term accessory dwelling unit, additional farm dwelling, and additional dwelling
unit; all are used to define a second dwelling unit on the same property as an
existing single-family dwelling.
PROPOSED AMENDMENTS TO HCC CHAPTER 19 (REAL PROPERTY TAX)
AND CHAPTER 23 (SUBDIVISIONS)
6. Bill 123 seeks to amend Article 1, Section 19-2 of Chapter 19 (Real Property
Tax)to repeal the existing defintion of `Ohana dwelling' and add a definition of
`Accessory dwelling unit' which is defined as "...a structure or portion thereof
designed and used for single-family residential purposes as permitted in chapter
25, article 6, division 3 of this Code, and which can be detached from or attached
to an existing residence, to be used for single-family occupancy and containing
one kitchen."
7. Lastly, Bill 123 seeks to amend Article 13, Section 19-104 of Chapter 19 (Real
Property Tax) and Article 9, Section 23-108 of Chapter 23 (Subdivisions) to
remove each instance of the term "ohana dwelling" and insert the term "accessory
dwelling unit".
PROPOSED AMENDMENTS TO HCC CHAPTER 25 (ZONING)
8. Bill 123 seeks to amend Article 1, Section 25-1-5 of Chapter 25 (Zoning Code)
to repeal the existing definition of"Ohana dwelling' and add a definition of an
`Accessory dwelling unit' which is defined as "...a structure or portion thereof
designed and used for single-family residential purposes as permitted in chapter
25, article 6, division 3 of this Code, and which can be detached from or attached
to an existing residence, to be used for single-family occupancy and containing
one kitchen."
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9. Bill 123 seeks to amend Article 2, Section 25-2-3(a) of Chapter 25 (Review and
acceptance of applications); Article 5, Section 25-5-8(c) of Chapter 25 (Other
regulations); Article 5, Section 25-5-57(c) (Other regulations); Article 5,
Section 25-5-67(d) (Other regulations); and Article 5, Section 25-5-77(d)
(Other regulations)to remove each instance of the term "ohana dwelling" and
insert the term "accessory dwelling unit".
10. In addition to the definition articulated above and housekeeping measures, Bill
123 seeks to amend Article 6. Division 3. of Chapter 25, Ohana Dwellings to
include the following:
• Removes the term `Ohana Dwellings and inserts the term Accessory dwelling
units.
• Section 25-6-30 General Provisions, appicability: Changes proposed to this
section include changing the existing infrastructure requirements for `ohana
dwellings which include similar sewer requirements, reduced potable water
supply requirements and eliminated fire protection and road access
requirements. Potable water can be private,public, rain catchment(no annual
rainfall requirement), or a private well so long as they meet DOH
requirements.
• Section 25-6-31 Eligibility for `ohana dwelling unit.Proposed amendments
include replacing the title of the section to be labeled as Where permitted.
Specifically, the amendment to this section allows for accessory dwelling
units to be permitted on a building site within the RS, RD, RA, FA and A
zoning districts. These are the same districts where `ohana dwellings are
currently permitted with the addition of the RD district. Bill 123 proposes to
further restrict accessory dwelling units on any building site within the State
land use agricultural district shall be subject to agricultural requirements for
farm dwellings as established by ordinance or by rule of the director, adopted
pursuant to chapter 91, Hawai`i Revised Statutes. Lastly, accessory dwelling
units must have final inspection and a certificate of occupancy before use as a
dwelling.
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• Section 25-6-32 Prohibited Areas. Specifically, the amendments to this
section remove the prohibition of accessory dwelling units on:
■ any building site that has been approved by the State housing
finance and development corportation (HFDC) and/or County
housing agency;
■ any building site that are developed as a planned unit development
or a cluster plan development;
■ building site where more than one dwelling unit is permitted in the
zoning district; and
■ any building site which is the subject of an approved variance
from the provisions of this chapter or chapter 23 (Subdivisions).
The bill also adds a prohibition of accessory dwelling units on building sites
where transient accommodation rentals are located.
• Section 25-6-33 Designation of the ohana dwelling unit to be replaced with
the title Designation of the accessory dwelling unit. Specifically, the
amendment to this section removes the restriction of one `ohana dwelling unit
on the same building site with the first single family dwelling and provides the
Planning Director the authority to designate which dwelling on the building
site is the first single-family dwelling unit or accessory dwelling unit.
• Section 25-6-34 Height Limit. Bill 123 removes the height limit restrictions
for accessory dwelling units and replaces the height limits to conform to the
heigh limits for the zoning district in which the building site is situated.
• Section 25-6-35 Minimum building site area and yards and replaced with
Minimum yard requirements, duplex permitted. Specifically, the
amendment to this section removes the minimum building site requirements of
ten thousand square feet(10,000 sq ft) and removes the additional five-foot
minimum front, rear, and side yard requirements. Bill 123 instead replaces the
minimum yard requirements for an accessory dwelling unit in a
nonconforming lot to meet the minimum yard requirements of the zoning
appropriate to the parcel size.
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• Section 25-6-36 Guest houses. Bill 123 proposes to repeal Section 25-6-36
which restricts an `ohana dwelling unit from being permitted on a building site
if an existing guest house is located on the same building site. Removing this
restriction will allow an accessory dwelling unit and guest house on the same
building site.
• Bill 123 seeks to amend Section 25-6-38 Variance prohibited and replaced
with Prohibited Uses. The amendment to this section deletes prohibitions
related to `ohana dwellings and variances from the zoning and subdivision
codes. The deletion will allow an ADU on a building site where a variance has
been issued and will allow variances from the zoning and subdivision codes to
be issued in order to build an ADU. The bill adds a provision prohibiting the
use of an accessory dwelling unit as a transient accommodation rental.
• Lastly, Bill 123 proposes to repeal the following sections in Article 6,
Division 3 in Chapter 25: Section 25-6-39 (Application for ohana dwelling
permit; requirements); Section 25-6-39.1 (Action on ohana dwelling
permit); Section 25-6-39.2 (Building permit for an ohana dwelling);
Section 25-6-39.3 (Nontransferability of permit); Section 25-6-39.4
(Pending applications); Section 25-6-39.5 (Illegally constructed ohana
dwellings); Section 25-6-39.6 (Revocation of an ohana dwelling permit);
and Section 25-6-39.7 (Appeals).
AGENCY COMMENTS PROVIDED
11. State Land Use Commission (Planning Department Exhibit 2—February 14,
2024 Memo)
AGENCY—NO COMMENTS/CONCERNS
12. Department of Public Works-Engineering Division, Department of Water Supply,
Police, Department of Health, State Office of Planning and Sustainable
Development
AGENCY—NO RESPONSE PROVIDED
13. Department of Public Works-Traffic Division, Department of Public Works -
Building Division, Department of Environmental Management, Civil Defense,
Department of Parks and Recreation, Fire, Office of Housing and Community
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Development, State Department of Agriculture, Department of Research and
Development.
PUBLIC COMMENTS PROVIDED
14. Testimony from Kohala Coast Resort Association (Planning Department
Exhibit 3 —March 26,2024 Email)
PLANNING ANALYSIS OF THE IMPACTS OF BILL 123
According to the June 2023 Hawaii Housing Factbook produced by UHERO i,
Hawaii has the most restrictive land use regulations in the nation and is among the most
regulated states for new housing production. Regulatory barriers, high rates of poverty,
affordable housing requirement constraints and low median household income all
contribute to a low supply of new housing. The report goes further to state that in order to
expand the supply of housing, the production of new multifamily housing is required, and
the state should not limit multifamily housing to only specific land areas as it would be
essentially putting a cap on the amount of housing that can be created. Bill 123, as written
by the County Council, is their effort to lift housing limits within existing zoned lands
that do not allow for multifamily structures, such as condominiums, but will instead
enable landowners to build additional dwelling units in an effort to address long-term
housing.
Currently, if a landowner wishes to apply for an `ohana dwelling permit then the
landowner would need to submit a completed application and($25) filing fee to the
Planning Department(Department)prior to applying for a building permit. Department
staff will then conduct a thorough review to verify that the request is in compliance with
the County Code and meets the criteria for granting an `ohana dwelling permit. When
necessary, the Department will request more specific justification for how the request
meets the criteria, which can at times further delay the process, especially for those who
are not familiar with the Department.
Once all of the information is gathered, the Department will then send the
application to various agencies for comments which takes approximately 30 days. After
the agency comment period has ended, the request is deemed complete and the Planning
Director then has the authority to approve or deny an `ohana dwelling application and can
'https://uhero.hawaii.edu/wp-content/uploads/2023/06/TheHawaiiHousingFactbook.pdf
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also add or remove conditions in an `ohana dwelling permit. Typically, the entire process
of issuing an `ohana dwelling permit takes approximately 60 days to complete. Once a
landowner receives their approval then they are able to apply to the Department of Public
Works- Building Division for a building permit which is a separate process with an
additional timing component.
As mentioned earlier, Bill 123 as written, hopes to lift restrictions and limits of
additional dwellings by first, repealing the current `ohana dwelling application
requirements. The County Council sees that the current `ohana dwelling application
process no longer serves its purpose except to impose an additional burden on a
landowner and the Department. In addition, it creates confusion with social changes that
now recognize additional dwelling units as either accessory dwelling units, additional
dwellings, farm dwellings and/or second dwellings.
Secondly, the County Council sees the housing struggles within the County and
one of the biggest impacts that Bill 123 will have is that there will no longer be a
limitation on the amount of ADUs that can be placed on a building site. The current
`ohana dwelling regulations allow for one `ohana dwelling unit per building site with a
single family dwelling. That limitation is proposed to be removed in Bill 123.
Effectively, Bill 123 will allow a landowner to apply directly for a building permit
if their parcel falls within the approved districts and removes the existing sixty day
Department application process. Department staff would still be required to review the
ADU, as they currently do during the building permit process. It will be at this point that
staff will determine if the criteria and standards have been met in order for an ADU to be
issued for a building site.
While Bill 123 hopes to streamline the building permit process for ADU's, the
County Council recognizes that infrastructure requirements, standards and prohibitions
must still be in place in order to effectively increase housing density and maintain
characteristics of surrounding neighborhoods. Therefore, while the County Council is
proposing to remove the current height restriction of twenty-five feet, Bill 123 requires
that ADUs comply with the height limit for the zoning district in which the building site
is situated. Therefore, the height restriction for an ADU will now be thirty-five feet. In
addition, Bill 123 will require that an ADU comply with minimum yard setback
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requirements for the zoning district in which the ADU will be located while deleting the
additional five-foot setback requirements currently in code for an `ohana dwelling.
Furthermore, Bill 123 removes most of the specific public facility requirements that are
in place for `ohana dwellings and replaces them with infrastructure requirements that
include a public or private sewage disposal system meeting the requirements of the State
Department of Health and a potable water supply to include a public or private system, or
rain catchment system, or private well to ensure that health and safety standards are being
met for any proposed ADU.
The County Council also finds that there is a need to protect and preserve our
agricultural lands by limiting and controlling the dispersal of residential and urban uses
and protecting those areas from increased densities which may substantially alter their
character. Therefore, to balance the need for immediate long-term housing with the
County Council's Bill 121 which promotes short-term housing, Bill 123 proposes to
restrict ADU's from being used as a transient accommodation rental. In addition, Bill 123
also prohibits building an ADU within the State land use conservation district and
restricts ADU's on parcels that are located within the State land use agricultural district.
Should landowners with property within the State land use agricultural district wish to
have an ADU then the landowner must follow the requirements that are prescribed for an
Additional Farm Dwelling found in HCC Chapter 25 (Zoning).
While the Department has been instrumental in regulating `ohana dwelling units,
the County Council sees that the current code needs to respond to the current social and
economic changes that have evolved since 1996 when `ohana dwelling units were
introduced in the Zoning Code. From the time that the `ohana dwellings have been
permitted within the Zoning Code until the present day, it appears that there have been
very little updates to the code in regards to adapting to the social and economic changes
that affect `ohana dwelling units. Based on the preceding, Bill 123 as written, is the
County Councils effort to update the codes as well as address long-term housing
requirements that will match the County's growing population.
Lastly, it is important to note that there are various legislative bills that have been
introduced at the State Legislature to address the current housing crisis statewide and
encourage multi-family homes. For example, Senate Bill 3202 SD and its companion
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bill House Bill 1630 HD I, relating to urban development,propose to require counties to
allow the development of at least two additional dwelling units on residentially-zoned
lots within the state land use urban district; prohibits private covenants for residential lots
in the state land use urban district from including certain limitations or restrictions on
residential units; requires the director of the county agency responsible for land use to
approve an application for subdivision, consolidation, or re-subdivision of certain parcels
within the state land use urban district; and amends the calculation of impact fees for
certain developments. Should SB 3202 SDI become law, the Planning Department
forsees that this bill will allow for expedited production of housing on lands within the
state land use urban district.
The State Legislature has also recognized that in order to build housing, financing
must be available, therefore the State Legislature has gone even further to introduce
House Bill 2548, which proposes to establish the accessory dwelling unit loan program
under Hawai'i Housing Finance and Development Corporation (HHFDC)to provide
loans for the development of accessory dwelling units. The state legislatures' efforts in
SB 3202 SDI, HB 1630 and HB 2548 are in harmony with the goals of the County
Council's efforts in Bill 123 and seeks to enhance the housing inventory.
RECOMMENDATION
The Planning Director is supportive of the intent of Bill 123 and appreciates the
time and effort the County Council has taken to draft legislation to ensure long term
housing is available in Hawaii County. The Director is recommending the following
revisions to Bill 123 to address housekeeping changes that are needed to implement the
intent of Bill 123.
Recommendation #1:
Under Section 25-2-3(a), consider removing the reference of"ohana dwelling permit".
Reason: Since Bill 123 seeks to repeal the current `ohana dwelling application, the
Planning Director is recommending removing any reference to `ohana dwelling
applications that may be located within the Zoning Code as a housekeeping measure.
Recommendation #2:
Section 25-5-27(c) should identify that an accessory dwelling unit shall be located within
the RD zoning district by stating the following: "An accessory dwelling unit may be
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located on any building site in the RD district, as permitted under article 6, division 3 of
this chapter. "
Reason: The proposed amendment is a housekeeping matter that seeks to provide
consistency within the various sections of the Zoning Code that address where accessory
dwelling units can be located.
Recommendation #3:
Section 25-6-32(3) restricts accessory dwelling units from being built on building sites
that have a transient accommodation rentals. Consider removing this restriction.
Reason: The intent of the bill is to create long term rental options and if we restrict
accessory dwelling units on properties that have or will have a transient accommodation
rental then we will be foregoing long term rental options for any of these properties that
plan to build accessory dwelling units.
For the reasons detailed above, the Planning Director recommends that the
Planning Commissions send a favorable recommendation of Bill No. 123 to the
County Council with the recommended revisions.
PLANNING COMMISSION ACTION
The Windward and Leeward Planning Commissions are required to take action on
Bill 123 as described in Section 25-2-43(b) of the zoning code (Planning Department
Exhibit 4). This bill was transmitted by the County Council to the Department on
January 30, 2024,which means the commissions are required to transmit their
recommendations to the council by May 29, 2024. The commissions may recommend
approval of all, some, or none of the Director's suggested recommendations. The
commissions may also recommend their own revisions to the bill. The Windward and
Leeward Planning Commission's recommendations will be forwarded separately, but at
the same time, to the County Council for their consideration and decision. In the event
the commissions fail to act on the proposed bill by this date, such inaction shall be
considered as an unfavorable recommendation by the commissions.
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Ashley L. Kierkiewicz (808)961-8265
County Council District IV of»11 N� ashley.kierkiewicz@hawaiicounty.gov
Policy Committee on Planning Policy Committee on Infrastructure
Land Use and Development- Chair = ;+,� and Assets— Vice Chair
COH, PLANNING DEK
HAWAI`I COUNTY COUNCIL RN 3;ti,TON p1.2.25
Hawaii County Building
25 Aupuni Street • Hilo,Hawaii 96720 RECT HAND DELIVERED
TO: Zendo Kern, Director
Planning Department
FROM: Ashley L. Kierkiewicz, Council Member
DATE: January 30, 2024
SUBJECT: Referral of Bill 123; an Ordinance amending Chapter 19, Articles 1 and Article
13, Chapter 23, Article 9, and Chapter 25, Article 2, Article 5, and Article 6 of the
Hawaii County Code 1983 (2016 Edition, As Amended), relating to Ohana
Dwelling Units.
Pursuant to Section 25-2-43(b)of the Hawaii County Code, I am submitting Bill 123, enclosed for
your comment and recommendation. I also request that you forward the same to the Windward and
Leeward Planning Commissions for their comment and recommendation.
Bill 123 was referred for comment and recommendation to the Planning Director and the Windward
and Leeward Planning Commissions by the Hawai`i County Council's Committee on Planning on
January 23, 2024.
After your and the Commissions review, please forward your comments and recommendations to
Council Chairperson Heather Kimball.
Thank you for your attention to this matter.
Enc.
AK/kj
Hawaii County Is an Equal Opportunity Provider and Employer Planning Dept..
Exhibit _.__ 1
J+t-4 a.N,
tP.•C.r �I dii
COUNTY OF HAWAII STATE OF HAWAII
1fe;�...we:•r
BILL NO. 123
ORDINANCE NO.
AN ORDINANCE AMENDING CHAPTER 19,ARTICLE 1 AND ARTICLE 13,
CHAPTER 23, ARTICLE 9,AND CHAPTER 25,ARTICLE 1,ARTICLE 2,ARTICLE 5,
AND ARTICLE 6 OF THE HAWAI`I COUNTY CODE 1983 (2016 EDITION,AS
AMENDED),RELATING TO OHANA DWELLING UNITS.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAI`I:
SECTION 1. Chapter 19, article 1, section 19-2, of the Hawaii County Code 1983
(2016 Edition, as amended), is amended by repealing the definition of"Ohana dwelling."
" "
Ohana dwelling"means a seeend dwelling unit permitted to be built as a sepafate of
_AP�A—#—A—Phed on a biiilding site, but does not include a guest house or-a f4m ]"
SECTION 2. Chapter 19, article 1, section 19-2, of the Hawaii County Code 1983
(2016 Edition, as amended), is amended by adding a new definition to be appropriately inserted
and to read as follows:
""Accessory dwelling unit"means a structure or portion thereof designed and used for
single-family residential purposes as permitted under chapter 25, article 6, division 3 of this
Code, and which can be detached from or attached to an existing;residence,to be used for single-
family occupancy and containing one kitchen."
SECTION 3. Chapter 19, article 13, section 19-104, of the Hawaii County Code 1983
(2016 Edition, as amended), is amended by amending subsection(a)to read as follows:
"(a) An owner of real property that has a single-family dwelling, [ehana dwell ,]
accessory dwelling unit, farm dwelling, duplex, or double-family dwelling unit(s)
and who installs a solar water heater on the owner's property on or after January
1, 2008, shall be entitled to a one-time tax credit per tax map key of up to $1,000
under this article against the owner's real property tax liability, except for the
minimum tax from all property taxes."
SECTION 4. Chapter 23, article 9, section 23-108, of the Hawaii County Code 1983
(2016 Edition, as amended), is amended to read as follows:
"Section 23-108. Infrastructure.
Notwithstanding any other provisions herein,the requirements of this chapter to
provide infrastructure improvements shall not apply to a subdivider of a plantation
community subdivision,provided that the planning director in consultation with the
director of public works and the manager-chief engineer of the department of water
supply may require the improvements necessary to further the public health and safety.
All of the proposed lots within a plantation community subdivision shall prohibit
the construction of an [ehana dwell accessory dwelling unit or second dwelling unit,
or any structure that will further any increase in density of the plantation community
subdivision. This prohibition shall be recorded in the deeds of all the proposed lots with
the bureau of conveyances and shall be submitted to the planning department for review
and approval prior to final subdivision approval. A copy of the approved covenant shall
be recited in an instrument executed by the applicant and the county and recorded with
the bureau of conveyances likewise prior to final subdivision approval."
SECTION 5. Chapter 25, article 1, section 25-1-5, of the Hawaii County Code 1983
(2016 Edition, as amended), is amended by repealing the definition of"Ohana dwelling.":
"["Ohana dwelling" means a secend dwelling unit pemflifted to be built as a sepafa4e of
an aRaehed unit on a building site,but does not inelude a guest heuse er-a fafffi ]„
SECTION 6. Chapter 25, article 1, section 25-1-5, of the Hawaii County Code 1983
(2016 Edition, as amended), is amended by adding a new definition to be appropriately inserted
and to read as follows:
""Accessory dwelling unit"means a structure or portion thereof designed and used for
single-family residential purposes and which can be detached from or attached to an existing
residence,to be used for single-family occupancy and containing one kitchen."
SECTION 7. Chapter 25, sections 25-2-3(a), 25-5-8(c), 25-5-57(c), 25-5-67(d), and
25-5-77(d), of the Hawaii County Code 1983 (2016 Edition, as amended), are amended by
replacing every reference to "ohana dwelling"with"accessory dwelling unit".
SECTION 8. Chapter 25, article 6, division 3, of the Hawaii County Code 1983
(2016 Edition, as amended), is amended to read as follows:
"Division 3. [Ohana Dwellings.] Accessory dwelling units.
2
Section 25-6-30. General provisions, applicability.
(lhana dwellings-shall be::.. l.++w v . .building site within the De, RA,LA d A
distriets0
(a) The b�fildiiig site is a legal let ef feear-d as detefmined by the e
(b) Any building site w-hieh iswithin the State landiase agfieultuml distr-iet shall be subjeet te
-.."eultufal r-equir-ements fer farm dwellings as established by or-dinanee or by rule of the
LLll eetaf, > >
> ineluding but not limited to, height limits,
sewage disposal system. An adequate p:ublie sewage dispesal sys4e-ffi sh-A]I�-ffieet with
disposal system, eesspeel ef septie tank shall fneet with the f!equir-emeRts of the State
(1) Sewage Disposal System. The building site shall be served by a publie
system(2) Potable Watef Supply. The building site shall be sefved by an appy-eved publie of
private water-systeRi ffleefing with th-—j-.ten—As of the depaftment E)f watef supply
whieh system ean aeeemmedate the ehana dwelling and the main dwelling unit. A
eha-na dwelling that is not sefved by an approved publie or private water system fna�,
use a watef eatehffient system provided that the difeetef detefmines that there is
suffleient annual rainfall in the area to aeeefffinedate a water eatehment system an
water-eatehfnepA q .+s of the d :. +, , + f health afid the edepartment of water- supply-.
(3) Fire Prot etio Tl building t ll.111 1n served b adequate fire pr-eteeAen� � a
fneeting with the requirements of the fire depaAfneffL
(4) Streets. The builds site ..hall gainto bl; pr- + street fflee+' it +L.
The following facilities are required to serve an accessory dwelling unit'
(1) Sewage Disposal System. The building site shall be served by apublic or private
sewage disposal system and shall meet the requirements of the State department of
health.
(2) Potable Water Supply. The building site shall be served by a public or private water
system,rain catchment system, or private well. A combination of water systems may
also be allowed when approved by the director after meeting the requirements of the
State department of health.
Section 25-6-31. [Eligibility for ohana dwelling permit.] Where permitted.
[(a) Aii applieation fbr-an ahana dwelling pefmit an any building site shall enly be weepted by
the dir-eetef after the pl +• of subdivision .,+, d b ,.1...-tef 23
1 F/ 11JZ1-Vl all
(subdivisions), fe,.the subdivision t ' t, +1, building '+ 1 + d 1 f h
purposes Vl this
�ineluding the subdivision f6ads, d}a}niage,, weAer;and if appheabl , wastewa4ef +
the ,s..a,1s1Hvt1 Vll V1 L11V LLll VVL
3
(b) ORI5, ane pe f it lie:t.;n f. an ehanw dwelling it aaa b + � l t
t-� .� �YV. � »YY„ � 1V •♦ u 11 ,ab ua L U' V UVLIYV aVl Ula,' Vlat LLYY11V(.111L
er-apply for a subsequent ehana dwelling pefmit en any buildiiig site fer-a pefied ef twe
year-s fi�efn the date an whieh the first ehafla dwelling unit was eempleted to the sa4isfaetien
at any time. Any applieant who has obtained an ehana dwelling pefmit shall not be eligible
shall be eensider-ed the applicant. The dir-eeter shall maifftain and keep readily availabi
(a) Accessory dwelling units shall be permitted on a building site within the RS RD RA FA
and A districts.
(b) Any building site within the State land use agricultural district shall be subject to
agricultural requirements for farm dwellings as established by ordinance or by rule of the
director, adopted pursuant to chapter 91, Hawai`i Revised Statutes. .
(c) Accessory dwelling units shall have a final inspection and a certificate of occupancy before
use as a dwelling.
Section 25-6-32. Prohibited areas.
[Ohana] Accessory dwelling units shall be prohibited in the following areas:
[(a)](D Any building site within the State land use conservation district;
[(b)]M Any building site developed under an affordable housing project [appr-eved by
housing ] which has been granted preemptions from the requirements of
this Code;
[(e) Any building site developed as a planned urAt development(P.U.D.) or-a eluster
plan develepment ;]
[()](D Any building site [where more than one dwelling unit is pefmi4ed in the zening
dwellings,distfiet, ineludiRg buildiiig sites that per-mit mer-e than ene dwelling uflit in the RS
distri -..es with duplex and multiple family eafe homes,
family ehild rV V a J, group living lU , and single family dwellings
.whiek c] with transient [ ] accommodation rentals; or
(.,) Any building site vi-cricrri-8-the suoJccc-yr-mz-approved'vmzanvc'irvrrrcrn.
,]
[(f)](4) Any building site on which the construction of an [ehe.*a] accessory dwelling unit
or a second dwelling unit is specifically prohibited by a change of zone ordinance.
Section 25-6-33. Designation of the [ehnna] accessory dwelling unit.
pen:nitled en the same building site with the first single fafflily dwelling[(a) Regafdless ef the size of a building site, fiet mer-e than one ehana dwelling unit shall be
WJThe director may designate an existing, first single-family dwelling unit as an [ehEffi ]
accessory dwelling unit in order to allow permitting of a new first single-family dwelling
unit when stteh existing dwelling is the 1 dwelling •t the building site ,l t>,
dwelling unit e „lies o will be modified to i ..1. M•tL. 11 the + f th
,�:-•:,,:^ b mt- mY J �u'1 Val uw Va 1a11J
4
Section 25-6-34. Height limit.
[Except when hill L11Li 11 Y 311g areas CCJ-QIZtheehana dwelling unit and the fifst dwelling unit are
the height lifnit elling unit shall be
5 ) 1
twenty five feet, r-egafdless of whether-a gfeater-heigiA lifnit is provided for-the z6fling .]
The height limit for an accessory dwelling unit shall be the height limit for the zoning
district in which the building site is situated.
Section 25-6-35. Minimum [building site nrea and ya yard requirements; duplex
permitted.
[(a) The minimum building site area for a building site eentaining both the fifst dwelling and the
[(b)]LajThe minimum front, rear, and side yard requirements for [a detaehed ehan ] an accessory
dwelling unit shall be the minimum yard requirements for the zoning district in which the
building site is situated [pitts an additional five unless the parcel is nonconforming to
the zoning district, in which case the minimum and requirements of the zoning appropriate
to the parcel size shall be required.
[(Ojkb�An [eh ] accessory dwelling unit and a single-family dwelling unit may be constructed
as a duplex (i.e.,there is a common wall or floor/ceiling).
Section 25-6-36. [ .] Repealed.
[A guest house, as deser-ibed in seetien 25 4 9, shall not be permitted on any building site
site.vAlle'r-e in ahana dwelling unit has been permitted er eenstnieted. If an exiSfifig gUest hOldse is
situated an a building site, an ehana dwelling unit shall not also be permit4ed on the building
Pfavide
d into an ehana dwelling unit i-R
--v that ----existing b---=-"_u.,_ ','•'a.r be L:V13Y4L L4
aeeer-danee with the r-equir-effients of this di:Yi&ieR-.]
Section 25-6-37. Off-street parking spaces.
The number of parking spaces for an [ohana] accessory dwelling unit shall be as provided
under section 25-4-51.
Section 25-6-38. [riAaees pr ohib Prohibited uses.
[Ne var-ianee ffem either-this ehapter or ehapter-23 (subdivisions), shall be gfented te Pe
the eenstr-tietion er plaeement of an ehana dwelling unit en a building site. in addifiefi, aft ehan—B
dwelling unit shall not be pefmitted on a building site for-whieh a vafianee ffem either-this
] Accessory dwelling units shall
not be permitted for use as transient accommodation rentals.
Section 25-6-39. [ .] Repealed.
[(a) An appheation fefm for-an ehana dwelling pefmit shall be filed with the direeter-on a fe
pr-eser-ibed fef this pur-pese by the dkeeter-, and shall be accompanied by!
(1) o filing fee o f$25;
l / �
5
(2) The nafnes and addresses of all the ovffier-s of the building site,provided theA w-hea t
�..+.. ; e,l b y a ntien a+ie ,i4me,.s i.. tfust the nafnes a
p,ivt"ivaL� aJ v�ruvu v�- uvviYviurlvllj uuavvac , �' ,
partners,addresses of all
o 7
shar-eheider-s or-benefieiEffies hold'
.l.e efi. a ..+e ..+ef.Y+ least „+ shall.he elu e, , ..,t
owner-ship Vl VV1aV11V lua 1f1CLIL�.LZJ1 CLL-1LGCJl-CY.„ , �
„+ n «lie.Yb.le to the building site, „taine,lin any dee.l lease ,.+b.e«
Vl VV v y11CLLaC LLt./�./laVLLV1C' LV C1aL V1311C11a1�,JITL, e , , �
dwelling or a seeend dwelling unit en the building—aite,
\ /
�h) The applie nt shall . efie, fthe h wau dwelling vll lg Yvla '+appliemien en suffeunding
uu
natiee en all Ewfner-s ef the pfapeFty identified in the applieation who did not exeeate the
applieation
Y
auther-ity ever-the subdivision in whieh the building site is situated. Preef of seniee ef t
nefiee> >
shall be submk4ed tegether-with the
vLu.e....
uu d ell'. ii it . ..1' atio�.]Section 25-6-39.1. [Aetion on ohana dwelling permit.] Repealed.
appl"ieat`e. te appropriate u6vivies for-review and . .t a the a f+these
(b) Withift a per-ied of at least thitzty &ys but net mef!e than sixty days after-aceeptaiiee of an
1 ana dwelling '+ 1' t' the di + shall 'tbYer d tb 1" +'
approve y L.a., ..t,t,.1eLLLl.,a1.
(e) if the di eter-fails t, fi e deeisionwithin the „..es '1 d +. day ,1 +L
Section 25-6-39.2. [Building permit for an ohana dwell Repealed.
[(a) A building pefmit for-the eensifuetian of an ehana dwelling unit shall be seeur-ed w4hi..
yeaf from the deAe theA the ehana dwelling updt permit was issued. A thifty day time-
extensien may be gr-apAed by the difeeter-if it eafi be demonstrated by the applieant th-at
within the one t .a b y t d t,
year-time a.v period, VL LnLa1yl�llZVII te r, the eheffl
dwelling unit p crirri- shall be veid.
be the enly tifne exteasian available to an(b) The time extensien pr-avided fef an ehana dwelling peftnit under-subseetion(a) above shall
and ne ftifffier-time ex4easion shall be
al.l. Furth ,+1. failure ult to ebtain any f:.«+1..e«time x4 en of, ehana dwelling
relief ffam the time limitatieft for-an ehana dwelling pefffik as provided under-this seefien.]
Section 25-6-39.3. [ .] Repealed.
[(a) A peffnit for-an ehana dwelling unit shall be personal to the applieafA afid shall liet b-e
t.-ansfe fable ,. assignable ton +'1 t tl, dwelling +
'On "J ether-r + ' f h w11L
has been_�.empleted anti final nnnrn 1 h b a � tb di + f b.l' 1
----- ---`- -"---r--_--.....__-- ._...,.....j..t.............. ..��la aJJLL�u by LUYJ uuvLsvr-vrPclvfzc-wvrfcr.
6
(b) Ne per-son shall advertise or-represent to the publie that a Pefrflit te eenstrae�an ehan-a
dwelling tiffit is tr-ansfer-able with the sale of the pt!eperty on whieh the permit has been
granted.]
Section 25-6-39.4. [Pending appheations.] Repealed.
[All pending LLr11VUt1 V1J 1V1 VhA1L-dwellings filed with the d et r-t6 Te A, 1996
shall be preeessed in aeeer-danee with this divisien, with the exeeption of the filing fee. The
dir-eeter-may require the appliearA to submit additional infefmatien to eefflply vVith this divisien.]
Section 25-6-39.5. [ .] Repealed.
[in the event thfft an ohana dwelling unit is eanstraeted eentr-a-r-y to the pr-evisiens of t
division, with ef:withetit a pen:nit thefefef-having been issued, the ehana dwelling tiftit, shall be
and enjoinment of the tifilawffil ehana dwelling shall inunediately be eeffh-neneed in aeeer-danee
with this ehapten]
Section 25-6-39.6. [Revoeation of an ohana dwelling per ' .] Repealed.
[ by the dir-eeter-pfior-to eemplefien of the eenstfuefien of the ehana dwelling unit an-,
final approval by the dir-eetef eEptiblie wofks.
the r-eyeeatie i „e fiee to the 1.oa-f.] of appeals provided b t 6 n 1 County Clam rt
.aav ay.vvu..avaa aav•a.Jv ..v �aiv vvuiu v1 Kt/lJVLLiJ uJ illVYlu Vll V�' JVVI,1V 11 V l.L,
Effid seetions 25 2 20 thfeugh 25 2 24. An appeal te the bear-d ef appeals shall stay the
•l
Section 25-6-39.7. [Appel] Repealed.
,
illiz cy days after-the date E)f the dir-eetef's Nwit4eR-��.]"
SECTION 9. Material to be repealed is bracketed and stricken. New material is
underscored. In printing this ordinance, the brackets, bracketed and stricken material, and
underscoring need not be included.
7
SECTION 10. Severability. If any provision of this ordinance, or the application
thereof to any person or circumstance, is held invalid,the invalidity does not affect other
provisions or applications of the ordinance which can be given effect without the invalid
provision or application,and to this end the provisions of this ordinance are severable.
SECTION 11. This ordinance shall take effect on June 30, 2024.
INTRODUCED BY:
Jr
COUNCIL MEMBER, CO TY OF HAWAPI
'COUNCIL MEMBER,tOUNTY OF HAWAI`I
Hawaii
Date of Introduction:
Date of 1 st Reading:
Date of 2nd Reading:
Effective Date:
REFERENCE Comm. 677
8
P °�°F°°y'qk, LAND USE COMMISSION JOSHGREEN,GOVE NO.
,t ti959 y
yo Komikina Ho'ohana 'Aina SYLVIA LUKE
LT.GOVERNOR
o DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT&TOURISM
DANIELORODENKER
Ka 'Oihana Ho'omohala Pd'oihana, 'Imi Wai wai a Ho'omdka'ika'i LUC EXECUTIVE OFFICER
e � �E 235 S.Beretania Street,RM 406,Honolulu,Hawaii 96813 Telephone: (808)587-3822
@........... ...... Mailing Address: P.O.Box 2359,Honolulu,Hawaii 96804 Fax: (808)587-3827
Email Address:dbedt.luc.web@hawa°ii.gov Website: luc.hawaii.gov
February 14, 2024
Zendo Kern, Director of Planning
Department of Planning County of Hawaii,
East Hawaii Aupuni Center,
101 Pauahi Street, Suite 3
Hilo, HI 96720
SUBJECT: Comments on Council Initiated Bills
Dear Zendo:
Thank you for the opportunity to review and comment on the County Council initiated
bill. Land Use Commission Staff offers the following comments:
Bill No. 121 Relating to Transient Accommodation Rentals and Hosting Platforms
Land Use Commission Staff have no comment at this time.
Bill No. 122 Relating to the Repeal of Bed and Breakfast as a Permitted Use
Land Use Commission Staff support the repeal of Bed and Breakfast as a
Permitted Use.
Bill No. 123 Relating to `Ghana Dwelling Units
The Land Use Commission Staff is acceptive of Bill No. 123 Relating to `Ohana
Dwelling Units, with the understanding that Section 25-6-38 Prohibited Uses
states "Accessory dwelling units shall not be for use as transient vacation
accommodation rentals".
Should you have any questions, please contact my office, at (808) 587-3823 or
via email at dbedt.luc.webp_hawaii.gov.
Sincerely,
Daniel Orodenker
Executive Officer Planning Depi.
Land Use Commission
State of Hawaii Exhibit 2
____ .
From: kohaIacoastresortassnCcbomai1.com
To: WPCtestimony
Subject: Written testimony for Windward Planning Commission hearing on 4/5/24-Bills 121, 122 and 123
Date: Tuesday, March 26,2024 12:31:00 PM
Attachments: Testimony in support of Bills 121^1_3 122 and 123-TAR Windward Plannino Commission -3.26.24.pdf
AlltheRooms Hawaii County TAR Report 3.8.24.pdf
Aloha Chair Lim and Members of the Windward Planning Commission,
Attached please find:
1. Testimony from the Kohala Coast Resort Association on Bills 121, 122 and 123
2. Hawaii County Report—AlltheRooms.com—showing the impact ofTARs on Hawaii
Island
Mahalo for the opportunity to provide our testimony.
Aloha,
Stephanie Donoho
Administrative Director
Kohala Coast Resort Association
PO Box 6991
Kamuela, HI 96743
kohalacoastresortassn(c).i�mai l.com
(808)747-5762
Plannerig Dr7p _
xhjbit ..____ 3 ___
Kohala ofist
RESORT ASSOCIATION
March 26, 2024
Dennis Lin, Chair
Windward Planning Commission
Hawaii County Aupum Center
101 Pauahi Street, Suite 3
Hilo,Hawaii 96720
Support for and Comments on Bills 121, 122 and 123
Dear Chair Lin and Members of the Windward Planning Commission,
The Kohala Coast Resort Association(KCRA)is in support of Bills 121, 122 and 123,updating our short-term
vacation rental laws, and incentivizing homeowners to build more accessory dwelling units for local residents to use.
We are grateful to Councilmembers Heather Kimball and Ashley Kierkiewicz, Planning Director Zendo Kern and
Deputy Planning Director Jeff Darrow, for stewarding this process during the last year-and-a-half.
There are several reasons we support these bills:
1) They will create a more equitable playing field in terms of taxation and regulations by addressing all types of
transient accommodations rentals (TAR)—owner-hosted, operator-hosted and un-hosted,
2) They will help protect and hopefully create new affordable workforce and residential housing across the island
with the clarification on accessory dwelling units,
3) They will aid Civil Defense in communicating with our visitors during natural disasters and emergencies,
4) They will provide an oversight framework to make sure that accommodations being offered are safe, secure, and
follow our required building codes and county laws,
5) They will help us avoid bait-and-switch scams where one property is advertised,but another property, or none at
all is delivered,
6) They will help us obtain more accurate visitor counts and distribution models island-wide,
7) They will make sure the hosting platforms are transparent and accountable for reporting to the government, and
8) They will provide more comprehensive data, so that economic forecasting can be more accurate, and planning for
key infrastructure improvements can be considered.
There are a few comments we would like to make on specific sections of Bill 121:
1) Section 25-4-16.7 Rental Registration Process, Sub-section (a), Number(6) a notarized affidavit in a format
determined by the director, and submitted under penalty of perjury, that the transient accommodation meets
health, safety and code requirements. As has been the lawful standard, any time there is a change in use of any
structure or property,the owner is required to go through the existing planning,building and engineering
processes. The County of Hawaii is then responsible for verifying that the owner is meeting health, safety and
code requirements before the new use is allowed. Allowing the owner to simply provide an affidavit stating that
they have met those requirements,without the necessary follow-up, skirts the checks and balances the public
requires. This puts visitors' and residents' health, safety and welfare in danger. We suggest that this section be
amended so that the County of Hawaii requires, at minimum an inspection of all TARS to verify that they are
structurally sound,have adequate means of access and egress, and comply with all other code requirements,
before they are issued a TAR license. While later sections of Bill 121 assess penalties and violations if sections of
the owner's affidavit are found to be false,we believe the information contained in the affidavit should be verified
at the outset.
2) Section 25-4-16.7 Rental Registration Process, Sub-section (a), Number(8) copies of a current State of Hawaii
general excise tax license. Many testifiers on these bills during the January meeting of the Planning Committee of
the Hawaii County Council stated that they "pay all their taxes."We would suggest that in addition to the State of
Hawaii general excise tax license,that the County of Hawaii also require the registrant to submit their transient
accommodations tax license,if the unit has been operating as a TAR prior to this bill's passage.
These bills are in complete alignment with Hawaii County's Destination Management Action Plan (DMAP)2021-2025,
which was completed with community,government and industry stakeholder involvement in partnership with the Hawaii
Tourism Authority(HTA), the Island of Hawaii Visitors Bureau(IHVB)and County of Hawaii Department of Research
and Development. Efforts are currently underway at the Hawaii State Legislature to codify the DMAPs into Hawaii state
law. Better management of TARS was identified in the top 10 needs for Hawaii Island and can be found here -HTA
Hawaii Island Action Plan(hawaiitourismauthori . .or .
As a board member for the Hawaii Island Safety and Security Professionals Association (HISSPA),I am grateful that this
suite of bills helps to address visitor safety. As a member of the Kona-Kohala Chamber of Commerce's Government
Affairs and Economic Development Committees, and the Vibrant Hawaii Housing Coalition, I appreciate that these bills
provide measures to address our housing crisis. And as a former Executive Director of the Visitor Aloha Society of
Hawaii, Hawaii Island(VASH)I am grateful that these bills will ensure that accommodations offered online are safe,
secure, and actually exist, as I had to find alternate accommodations for multiple visitors during my tenure who were the
victims of bait-and-switch scams online.
Finally, I'm attaching a report from www.AlltheRooms.com as an addendum to our written testimony. It shows that there
were more than 19,000 units on Hawaii Island advertised through Airbnb,VRBO, HomeAway and similar websites
during the last year. Those units range from studios,to a single bedroom in someone's home,to entire homes with up to
12 bedrooms. If the average unit had just 2 bedrooms,that would mean more than 38,000 rooms were advertised on our
island last year. In comparison,the hotels along the Kohala Coast of Hawaii Island(Mauna Kea Beach Hotel,Westin
Hapuna, Waikoloa Beach Marriott, Hilton Waikoloa,Auberge Mauna Lam, Fairmont Orchid, and Four Seasons Hualalai)
have a combined total of 2,915 hotel rooms.
The Kohala Coast Resort Association is a collection of master-planned resorts, situated north of the Ellison Onizuka Kona
International Airport at Keahole. KCRA members employ more than 5,000 Hawaii Island residents, supporting 20,000
family members,at our hotels,timeshares,golf courses,restaurants, shopping centers and spas. The members of the KCRA
annually pay more than $40 million in TAT and $40 million in GET to the State of Hawaii and the County of Hawaii.
KCRA's members, as well as the businesses and residents within the resorts along the Kohala Coast,paid more than $135
million in property taxes to Hawaii County in 2022, accounting for one-third of all property taxes collected island wide,
according to Hawaii County's Real Property Tax office.
Thank you for your consideration of our comments and suggested amendments to Bill 121. We encourage your support of
Bills 121, 122, and 123 to better manage TARS across Hawaii Island.
Sincerely,
- P
Stephanie Donoho
Administrative Director, Kohala Coast Resort Association
Craig Anderson,VP Operations,Mauna Kea Resort—President
Pat Fitzgerald, CEO,Hualalai Investors—Vice President
Charlie Parker, General Manager, Four Seasons Hualalai— Secretary
Charles Head, General Manager, Fairmont Orchid—Treasurer
Mike Hoover, Director, Kona Villag Operations—Board of Directors
Daniel Scott,Managing Director Rosewood Kona Village— Board of Directors
Scott Head,VP Resort Operations, Waikoloa Land Company—Board of Directors
David Givens, General Manager, Hilton Waikoloa Village— Board of Directors
Rob Gunthner, Area VP Resort Operations, Hilton Grand Vacations —Board of Directors
Pete Alles,Regional VP and GM,Mauna Lam, Auberge Resorts Collection—Board of Directors
Steve Yannarell, General Manager, Waikoloa Beach Marriott—Board of Directors
PO Box 6991, Kamuela, HI 96743*(808) 747-5762*kohalacoastresortassn(&-gmail.com*www.kohalacoastresorts.com
Market ■Selected Market Boundary
Characteristics ` � '
SELECT MARKET Provider
Hawaii County,Hawaii,United States o... X - (4)airbnb,booking,... X - +
Filters CO) a O
Property Type Instant Bo... Sleeps Min... Max... Beds Number Of Revi...
Select values - (3)True,Fals.. - - -
Is Managed Is Active Rooms Min Stay L... Max... Bath... Rating
(2)True,False False True _
X 0 100
Revenue LTM Average Da... Average Ac... Booked Nig... Hosts Properties
$213M $275.05 6,947 775,094 41546 19,655
Provider Listing Distribution Rooms Sleeps
airbnb 0—1.31 k(6.67%) 0—196(1.00%)
booking 1—6.63k(33.72%) ® 1—153(0.78%)
homeaway 2—6.78k(34.47%) 2—3.69k(18.75%)
vrbo .I. 3—3.45k(17.53%) I 3—1.07k(5.42%)
4—1.01 k(5.12%) . 4—5.43k(27.63%)
5—344(1.75%) 5—871(4.43%)
6—83(0.42%) 6—5.2k(26.43%)
7—31(0.16%) 7—259(1.32%)
8—15(0.08%) 8—1.51 k(7.681A)
9—1 (0.01%) . 9—89(0.45%)
10—4(0.02%) 10—594(3.02%)
12—1(0.01%) 12—252(1.28%)
—11 i n fn n[Ul 1� 1 Q/n no°4)
Property Types Bathrooms Is Super Host
aparthotel 195 0-1.35k(6.85%) False
barn q 2.36k 1-8.04k(40.88%) True
boutique hotel 8 2-7.08k(36.04%) null
. 0 3-2.25k(11.44%) null-4.92...
bus 2 4-596(3.03%) false-6....
campervan 649 5-197(1.00%)
casa particular 6-113(0.57%)
chalet 7-22(0.11%)
condo 4 6.081 8-12(0.06%)
cottage 189 11-2(0.01%)
true-8.59k(43
earth house ....
farm stay 4 6
guest suite ��
homestay o3
hotel 322
house 4.89k Min Length Stay Max Length Stay
igloo
lodge 7 1-5.97k(30.39%) 1-7(0.04%)
minsu ®2-3.62k(18.43%) 2-13(0.07%)
other 3-3.13k(15.90%) 3-38(0.19%)
recreational ve... 4-1.33k(6.79%) 4-22(0.11%)
resort village 517 5-1.38k(7.01%) / 5-54(0.27%)
294 6-177(0.44%) 6-59 (1.695)
shipping contai... 0 7-677(3.4445) 7-333(1.6945)
tent 8-7(0.04%) 8-24(0.12%)
tipi 9-5(0.03%) 9-11(0.06%)3
townhouse 77 W'V'A
10-33(0.17%) 10-112(0.57%)
3
vacation home 1.23k 12-3(0.02%) 11-4(0.02%)
yurt 14-45(0.23%) 12-19(0.10%)
0 5k 15-3(0.02%) 13-7(0.04%)
L 9---1 1A ALA--N
Hosts, Gross Revenue and Properties by Portf... Gross Revenue by Properties Under Managem...
Gross Revenue Hosts $750M 100--267
$0.00 $400,000,000,000.00 Gross Revenue 10--19
Properties 1--1
IR 20--45
1 1 2--3
_d 4--9
50--91
8170--8170
2--3
4--9
$55013
w
N 10--19
Ln
0
Property Operator Groups by Revenue by Port...
LL
r
00 20--45 Portfolio
a Bin PORTFO...
Group Hosts SIZE Gross Revenue Properties
2 3,228 1 --1 $61,948,623.41 3,228
50--91 3 888 2--3 $97,856,290.27 2,025
4 310 4--9 $153,965,754.18 1,686
5 54 10--19 $145,683,568.01 730
6 43 20--45 $576,382,144.11 1,334
100--267 7 12 50--91 $752,687,862.38 777
8 11 100--267 $5,499,339,246.20 1,640
9 0 8170 $545,833,050,991.13 8,235
8170--8170
0 2,000 4,000 6,000 8,000
Hosts,Properties
Of a AIITheRooms. Summary for Hawaii County, null
Supply, Demand & Revenue KPIs at a glance
The market overview lets you analyze the key performance metrics of the selected market in a quick
snapshot.The key metrics are aggregated by month. Use the SELECT MARKET dropdown to toggle between
purchased markets. Use the PLATFORM dropdown to toggle between Airbnb,VRBO,and booking.com. The
Timeframe menu allows you to view the data for various periods.
SELECT MARKET* TIMEFRAME PLATFORM*
Hawaii County,Hawaii,United States of America-county x 8 Last 12 months(02/2023... x Airbnb x -
ADR Booked Nights Revenue
$325.28 59,049 $19,207,436.48
Monthly Metrics
Mo... Revenue ADR RevP... Occup... Active S... Available S... Mean Stay L... Booked ... Month N...Sum of Available...
202... $19,207,4... $32... $4,06... 40.31% 7,298 4,725 5 59,049 January 146488
202... $19,481,2... $31... $3,81... 39.31% 7,224 5,103 5 62,182 December 158200
202... $16,165,2... $27... $3,02... 37.15% 7,167 5,351 5 59,647 November 160539
202... $16,716,5... $26... $3,03... 36.58% 7,188 5,510 5 62,486 October 170818
202... $15,306,5... $25... $2,68... 35.77% 7,145 5,695 5 61,119 September 170855
202... $17,907,4... $27... $3,23... 38.22% 7,003 5,535 5 65,585 August 171591
202... $17,091,3... $28... $3,25... 37.19% 6,991 5,248 5 60,507 July 162679
202... $16,514,5... $26... $3,06... 38.57% 6,794 5,393 5 62,402 June 161785
202... $17,352,0... $24... $3,12... 40.30% 6,808 5,557 5 69,422 May 172264
202... $17,836,4... $26... $3,41... 43.65% 6,717 5,226 5 68,425 April 156776
202... $20,803,4... $27... $4,20... 49.17% 6,557 4,951 5 75,453 March 153466
202... $18,804,8... $27... $3,97... 51.96% 6,425 4,730 5 68,817 February 132452
SUMMARY $213,187,011.92 40.68% 6,943 $275.61 $3,407.67
12 rows-16 columns Sum of Revenue - Avg of Occupancy - Avg of Active Supply - Avg of ADR - Avg of RevPAL -
Key Summary Metrics for Hawaii County
Market Revenue
$20,000,000.00
$213,187,011.92
Gross Market Revenue
$15,000,000.00
a
c
a
$10,000,000.00
$5,000,000.00
775,094
Total Nights Booked
$0.00
2023-02 2023-04 2023-06 2023-08 2023-10 2023-12
Month
ZONING § 25-2-43
Section 25-2-43. Amendments initiated by the council and director.
(a) Any amendment initiated by the director shall be reviewed by the commission.
(1) The amendment shall be submitted to the commission with the director's
justification and recommendation on the amendment.
(2) Upon receipt of a proposed amendment from the director, the commission shall
hold at least one public hearing. Notice of the hearing by the publication shall
be provided by the commission in accordance with section 25-2-5, except that
when a proposed amendment involves a specific parcel of land, notice shall be
provided by the commission in accordance with subsections (c) and (d).
(3) Within sixty days after receipt of the amendment from the director, the
commission shall transmit the proposed amendment together with its
recommendations thereon through the mayor to the council. The commission
shall recommend approval in whole or in part, with or without modifications,
or rejection of such amendment. In the event that the commission fails to act
on the amendment within the sixty-day period, such inaction shall be
considered as unfavorable recommendation by the commission, and the
amendment shall then be submitted through the mayor to the council with
such recommendation.
(b) The council shall refer any proposed council-initiated amendment to this chapter to
the director and the commission with requests for their respective comments and
recommendations thereon, prior to the first reading of any such amendment. The
director and the commission shall each submit comments and recommendations on
the proposed amendment to the council within one hundred twenty days from the
date that the amendment is transmitted by the council to the director and the
commission.
(1) The director shall submit comments and any recommendations to both the
commission and the council within the one-hundred-twenty-day review period.
(2) The commission shall hold at least one public hearing on the proposed
amendment. Notice of the hearing by publication shall be provided by the
commission in accordance with section 25-2-5, except that when a proposed
amendment involves a specific parcel of land, notice shall be provided by the
commission in accordance with subsections (c) and (d).
(3) The commission shall transmit the amendment together with its
recommendations thereon through the mayor to the council. The commission
shall recommend approval in whole or in part, with or without modifications,
or rejection of such amendment. In the event that the commission fails to act
on the amendment within the one-hundred-twenty-day review period, such
inaction shall be considered as an unfavorable recommendation by the
commission.
(4) After the one-hundred-twenty-day review period has expired, the council may
proceed to act on the proposed amendment as it deems appropriate.
25-27 Planning Depi.
Exhibit 4