.PD Background & Recommendation Report (PL-CCI-2024-000005) Bill 123

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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 -5-