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PD Background & Recommendation Report (PL-CCI-2024-000004) Bill 122
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Item #8 County Council Initiated Bill 122 (PL-CCI-2024-000004)
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PD Background & Recommendation Report (PL-CCI-2024-000004) Bill 122
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3/28/2024 8:01:21 AM
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5/9/2024 1:32:35 PM
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Document Date
2/19/2024
Permit Number
PL-CCI-2024-000004
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PD Background and recommendation report Bill 122
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Due to similarities in the way that B&Bs and"hosted"rentals operate and the <br /> duplications between transient accommodation rentals and bed and breakfast <br /> establishments regulations, the County Council found it important to clearly identify one <br /> land use for single-family dwellings operating with a host, as an Owner-hosted or <br /> Operator-hosted transient accommodation rental. Therefore, the County Council went <br /> further to simplify the regulations for these uses which are shown in Bill 121, while <br /> repealing the use of B&Bs as shown in Bill 122. While the County Council is proposing <br /> to repeal all terms of B&B from the Hawaii County Code, it is important to note that this <br /> will not impact current bed and breakfast permit holders in any way. <br /> RECOMMENDATION <br /> The Planning Director is supportive of the intent of Bill 122 and appreciates the <br /> time and effort the County Council has taken to draft legislation. The Director is <br /> recommending two revisions to Bill 122 to address housekeeping changes that are needed <br /> to implement the intent of the bill. <br /> Recommendation #1: <br /> Under Section 7 of the draft bill, consider changing the proposed definition of`Hotel' to <br /> match the definition of`Hotel' that is already in place and found in Chapter 25 which <br /> means "a building or group of buildings containing six or more rooms or suites which <br /> provides transient lodging accommodations, meals, entertainment, and various personal <br /> services for compensation, whether such establishment is called a hotel, motel, motor <br /> hotel, motor lodge, inn, or otherwise. " <br /> Reason: These definitions are important because most definitions embody the law. <br /> Therefore, if there are two definitions of`Hotel' that are found in our Hawaii County <br /> Code, then there is no clear guidance regarding how a Hotel is to be understood and/or <br /> regulated. The intent of Bill 122 is to clarify any duplications, therefore, by ensuring that <br /> the definition of Hotel matches other definitions of Hotel within the code, then it provides <br /> clear and conciseness for staff as well as members of the public to adhere to. <br /> Recommendation #2: <br /> Recommend adding language in Bill 121 (Transient Accommodation Rentals) that would <br /> allow the continued operation of existing bed and breakfast establishments that were <br /> permitted by a special permit or a use permit prior to adoption of Bill 121. There have <br /> -5- <br />
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