2024-04-02 PL-CCI-2024-000003 Bill 121 Jason Eisert Testimony

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Aloha Chairperson Lin and Esteemed Members of the Windward Planning Commission, My name is Jason Eisert, managing member of Kona Kai LLC. I own and operate a farm and hosted rental on the Big Island. I understand the intent behind the bill and believe that with some modifications it could settle many disputes and problems that the island currently faces. Since the bill's introduction in 2022, I, in collaboration with a collective of hosted rental owners, have conducted a detailed review and collectively we've identified key sections where targeted refinements could significantly enhance the bill's practicality and fairness, as detailed in the subsequent suggestions. To assist in this endeavor, I have outlined specific concerns regarding the present language and propose the following amendments for your consideration below. Recommendation#1 Professional Services: The current language of Bill 121 regarding"professional services" and "gatherings" is cause for concern.The provision should more precisely exempt the kind of professional services that are commonplace in our homes, such as the work of personal chefs, drivers, yoga instructors or other wellness practitioners. In a recent discussion with Planning Director Kern, he clarified that under the current language of the bill, standard practices such as guests hiring private chefs,yoga instructors, or massage therapists during their stay at hosted rentals could constitute an `event'and thus a violation, despite these being commonplace activities in residential settings. The loose definition of`event' might lump a private yoga session or a therapeutic massage under the same category as large-scale "events" like weddings, which is inconsistent with the reality of their function in a residential context.The bill stipulates that such 'events' necessitate a special permit or use permit, a process with which you are well-acquainted, given its complexity and the challenges inherent in obtaining these permissions. Recommendation:Amend the definition of"Event"and "Gathering"to explicitly exclude professional services from being classified as "events"that are being hired for the benefit of the guests or hosts exclusively. These definitions could read: Event: "An event refers to a formal and public assembly,generally by invitation or ticket purchase and extend beyond the scope of typical residential living. Examples include but are not limited to weddings, wedding receptions, or concerts." Gathering: "A gathering is an informal assembly that is consistent with activities of residential areas, characterized by its casual nature and limited scale. Examples include a family dinner, a small birthday celebration, a yoga instruction, or a casual get-together