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

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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 -8-